Press release from Wisconsin Carry:
Saturday night at approximately 7:30 pm five Wisconsin Carry members were peaceably dining at a Culvers in Madison. Eight Madison Police officers arrived and demanded ID from our members. As Wisconsin is not a police-state, Wisconsin law does not require you to provide identification to an officer unless you are operating a motor vehicle. Two Wisconsin Carry members, in consideration of their legal rights politely declined to provide ID and were handcuffed, detained, and issued citations for obstruction.
Wisconsin Case-Law clearly states that refusing to give your name is not grounds for obstruction. “No law allows officers to arrest for obstruction on a person’s refusal to give his orher name. Mere silence is insufficient to constitute obstruction.” Henes v. Morrissey,194 Wis. 2d 339, 533 N.W.2d 802 (1995).
Wisconsin Carry filed suit against the Racine Police Department on January 8th 2010 for unlawfully arresting one of our members, Frank Hannon-Rock on obstruction charges for refusing to provide ID. Wisconsin Carry obtained a $10,000 judgement against Racine in that case where the Racine City Attorney explains to the Racine City council that the officers did not have the authority to arrest Mr. Hannon-Rock. [Click here for audio of that encounter.]
Wisconsin Carry will be taking action against the Madison Police Department and the officers who illegally detained, handcuffed, searched, and cited our members.