alabama failure to identify law

Unlawful Imprisonment Second Degree [13A-6-42] Kidnapping First Degree [13A-6-43] Kidnapping Second Degree [13A-6-44] Interference with Custody [13A-6-45] Sexual Offenses Rape First Degree (Forcible Compulsion) [13A-6-61 (a) (1)] Rape First Degree (Incapable of Consent) [13A-6-61 (a) (2)] Rape First Degree (Victim Less than 12) [13A-6-61 (a) (3)] Stay up to date on current changes to laws, proposed legislation, and current events. Now, imagine the kid has drugs on him. A Terry stop or stop and frisk can be conducted in any state where an officer suspects that illegal activity is occurring or is about to occur; and he for one reason or another suspects that he may be in danger. Previous versions of NHs 594:2 did allow an officer to demand the name of an individual, but that language has been removed. Except when driving, the requirement to identify oneself does not require a person who has been detained to provide physical identification. In Terry v. Ohio (1968), the U.S. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has been or will be committed. The subjective standards, coupled with motivations for officers to make arrests, are deeply problematic. -Jeffery Johnson. Name, address, and an explanation of the person's actions; In some cases it also includes the person's intended destination, the person's date of birth (Indiana and Ohio), or written identification if available (Colorado). For example, if you believe that a law enforcement officer improperly stopped you, you will want the assistance of an attorney in developing this defense. Texas Penal Code 38.02 defines failure to identify as occurring when: A person intentionally refuses to provide his or her name, residence address, or date of birth to a law enforcement officer who has arrested the person and requested information. Therefore, we defined Stop and Identify States as such: A state which has enacted a statute that can be defined as a stop and identify statute; which is not narrow in scope and broadly allows officers to demand from, or require under penalty of law, an individual to accurately identify himself to police officers or other law enforcement.. (b) Failure to appear after notice of the appearance date shall be prima facie evidence that the failure to appear was willful. This created what is known as a terry stop, or stop and frisk. Taylor's Law means a student's behavior in school starting at the age of 13 can make or break if they will receive a driver's license. Defendant was convicted and the court affirmed. A Seattle Post Intelligencer investigation two years ago and a New York City probe co-authored by Fagan six years ago found that obstruction and "stop and frisk" laws were substantially targeting. The Fifth Amendment to the U.S. Constitution provides that a person cannot be compelled to provide self-incriminating testimony. [40] Other courts have apparently interpreted demand to impose an obligation on the detainee to comply. The person approached is not required to identify themselves or answer any other questions, and may leave at any time. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. All rights reserved. Oklahoma is not a "stop and identify" state. Se a autoridade lhe exigir a identificao, pode estar descansado? In your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves to law enforcement after a lawful arrest? Alabama Code Section 32-5A-58.2 establishes the Act, which requires all motorists to move over one or more lanes whenever possible for stopped law enforcement vehicles. Terry v. Ohio is the most cited and credited case for the legitimacy of both stop and identify, as well as stop and frisk statutes. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses you might have. important take on everything thats happening in the world right now.Aubrey Marcus, podcast host. In requesting injunctive relief, the Attorney General or district attorney shall not be required to establish irreparable harm but only that a violation has occurred or that the requested order promotes the public interest. Subscribe to Justia's What Constitutes Failure to Identify. Start here to find criminal defense lawyers near you. Intentionally given a false name, false residence address . In conclusion, the goal of this study was to update the view on stop and identify statutes, and which states should be classified as stop and identify states. [56] Conversely, West Virginia's courts decided that their resisting arrest statute did not include individuals who refused to identify themselves.[57]. Unclaimed motor vehicles include the following: A motor vehicle left unattended on a public road or highway for more than 48 hours. 4 Once [443 U.S. 31, 40] respondent refused to identify himself as the presumptively valid ordinance required, the officer had probable cause to believe respondent was committing an offense in his presence, and Michigan's general arrest statute, Mich. Comp. But there are exceptions to this rule. App. If they don't, say "I do not consent to . Failure to obey the state's Move Over Act could result in fines and penalties - or worse repercussions if you . . Please submit your request in writing to clerk@alabar.org or to P.O. The wording of "stop and identify" laws vary considerably from state to state. After making an arrest, police may search a person, their belongings, and their immediate surroundings. Related statutes in these states vary, and some require a person to respond to the officer's request for identification, and some do not. Failure to identify. During this pat down, the Officer found a handgun in Terrys jacket. Additionally Henes v. Morrissey held that a detained person not providing their name isn't on its own a violation of 946.41 Resisting or obstructing officer as the act of not identifying oneself is not a false statement with intent to mislead the officer in the performance of their duty. No. (a)In addition to any other remedy under this article, the Attorney General of the State of Alabama, the district attorneys of the respective counties of the State of Alabama, or an affected charitable organization may bring an action against a charitable organization, professional fund raiser, professional solicitor, or commercial co-venturer, and any other persons acting for or on their behalf to enjoin the charitable organization and other persons from continuing the solicitation or collection of funds or property or engaging therein or doing any acts in furtherance thereof; and to cancel any registration statement previously filed with the Attorney General whenever the Attorney General or a district attorney shall have reason to believe that the charitable organization is acting in the following manner: (1)Operating in violation of the provisions of this article. We draw the underlying facts from the findings made by the district court, see United States v. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Some states do not have stop-and-identify statutes. Without being sure, I would speculate that each states supreme court has interpreted similar laws in these two different ways. . Ohio does not require the person's intended destination. Section 45-36-232.29 Failure to appear. Subscribe today, you can unsubscribe anytime. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And you can download the extended PDF of our study here. The decision of Terry v. Ohio (1968), created a president for police officers to pat down or frisk a suspect under certain conditions: such as when reasonable suspicion of a crime, or for the officers safety. Some states have Good Samaritan laws which provide protection to those who voluntarily help another person who may be in peril. 2. Copyright 2023, Thomson Reuters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Stay up-to-date with how the law affects your life. The prosecution was based on the failure of defendant to show the trooper his drivers license. [A Study of 50 States]", "Know Your Rights! In your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves to law enforcement after a lawful arrest? 2 Product Liability: Warnings, Instructions, and Recalls Alabama Elements of the Duty The existence of a legal duty is a question of law for the court. Heres the deal, the inaccuracies in the current public record are due to the following sources: Here are 3 specific examples of states that are not included in previous lists, but absolutely should have been. The opinion noted that Hiibel was asked to provide identification, which the Court understood as a request to produce a driver's license or some other form of written identification, 11 different times; however, it did not indicate that Hiibel was ever asked simply to identify himself. 21.9% of states with stop and identify statutes. 1980) A state trooper observed that a headlight on defendant's automobile was defective. Take a look at State v. Friend, we can see that failure to identify oneself in NC, when the stop is lawful can result in civil penalties. Alabama law requires a driver to turn over this information upon request by a law enforcement officer. In some cases national identity cards from certain other countries are accepted. On April 4, 2008 the United States Court of Appeals considered a civil rights claim filed against an officer who demanded identification from a passenger on a motor vehicle stop, and arrested the passenger when he refused to comply with the officer's demand. In the vast majority of cases law enforcement is going to be able to correctly identify a suspect after arrest even if that suspect does not cooperate. New Hampshire was included in previous lists of stop and identify states, but their laws have changed. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. It is considered a felony. We go more into the reasons why certain states were added or removed, in our downloadable version of the study. $50 fine for your second offense. 215.1. At other times, they may need the information to protect themselves, allowing them to determine whether the person they are speaking with has a violent criminal history. 4.) If you have been arrested and charged with refusing to provide your name, he can challenge the arrest, the evidence behind the charges and defend you on any criminal accusation you were arrested for. For the sake coming up with an accurate definition for the purpose of this study, we will be excluding statues that fall under the Mimms decision which is specific to traffic stops. We could, but only if the government felt that such a campaign of public education was in the government interest. You already receive all suggested Justia Opinion Summary Newsletters. Detention for Identification, several states have specific laws requiring suspects to give legal name or ID upon request. If the arrest is lawful, it may be a best practice but in most instances the information will come out quickly enough. Police officers are required to display and provide their identification on requestexcept when they aren't. Many of us believe that we can . It's against the law to lie, so the best thing is to not say anything at all.. http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#States_with_.E2.80.9Cstop-and-identify.E2.80.9D_statutes Logged The Wisconsin Supreme Court held in Henes v. Morrissey that "A crime is made up of two parts: proscribed conduct and a prescribed penalty. [3], However, some "stop and identify" statutes that are unclear about how people must identify themselves violate suspects' due process right through the void for vagueness doctrine. Code Ann. [16] In Hiibel, the Court opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating the detainee's name. Failure by the person stopped to respond is a violation of the law and can lead to arrest and criminal charges. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're . Questions concerning a suspects identity are a routine and accepted part of many Terry stops. 1373(c). A reliance on Hiibel v. Sixth Jud. To sue the wrongdoer to get compensation for your losses, contact an Alabama consumer protection attorney. In the state of Alabama can you be arrested recording a police officer or failure to Id If you have not committed a crime. Moreover, if the information you provided to the police after an illegal stop led to your arrest for a separate crime, a lawyer may successfully prevent the prosecution from using against you the information you provided in response to the police officer's questioning. Supreme Court of Alabama 334.229.0700 Court of Civil Appeals 334.229.0733 Court of Criminal Appeals 334.229.0751 State Law Library 334.229.0578 About Our Judicial System. How can we get the public to become more informed about the laws and statutes that govern their everyday lives? California Penal Code Section 647(e): A Constitutional Analysis of the Law of Vagrancy, Hastings Law Journal, 1980, Volume 32, Issue 1, Article 9, In voiding California Penal Code 647(e) in. Please always provide the officer with the requested information. Thursday 28 July 2022 10:12AM . [4] The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect's name if he or she articulated a reasonable belief that giving the name could be incriminating.[5]. This one sounds like one of the most weird laws in Alabama, but there's actually a reason behind it. when stopped by police. "State v. Friend, 237 N.C. App. More than 300 people in Alabama have been charged since 2014 under a little-known, but long-standing state law requiring people with more than two felony convictions to register with their. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his n. So whether this defense would apply in a particular state depends on how that state's courts have ruled on the issue. Contact us. The former without the latter is no crime. In a number of cases, vagrancy laws have been struck down by the courts for unconstitutional vagueness. I have had a couple of different discussions about an individuals requirement to produce identification during a traffic stop or at a checkpoint. On appeal, Fernandez argues that the district court erred in failing to find that the inquiry into his identity violated both state law and his Fourth Amendment rights. The commission may issue subpoenas and compel the testimony of witnesses and the production of records and documents during an investigation. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Also, do not confuse Penal Code 647(e) with Penal Code 647e. Storage charges start when the vehicle is reported.) We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. So leave the salt at home! Current Alabama law requires photo or non-photo identification in order to vote. An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. Answer (1 of 2): Art. A lawyer's skillful negotiation with the prosecutor can sometimes result in a dismissal or reduction of the charges. While the police officer must have reasonable suspicion to detain a person, the officer has no obligation to inform the person what that suspicion was. Such a statute or action would be unconstitutional. Some states also require the person stopped to provide an address. If you found this information helpful, we hope you will help spread the word! Relation of Implied Consent & Blood Tests. The court held that Washington states stop-and-identify statute was unconstitutionally vague. The statute does not authorize a law enforcement officer to make an arrest." View Other Versions of the Code of Alabama. Some prosecutions for failure to identify oneself to a police officer are based on vagrancy laws. Possession of license Identification of licensee. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name. Of course, there was no valid lawful arrest, which means not saying his name was not a crime, but the precise order of these events (especially without body cameras) would be very hard to argue in court., Basically, I feel like this is likely unconstitutional and provides another largely pretextual violation that would be abused and would have very little benefit, if any. -Jeffery Johnson. of The issue before the Long court was a request for suppression of evidence uncovered in a search of the defendant's wallet, so the issue of refusal to present identification was not directly addressed; however, the author of the Long opinion had apparently concluded in a 1980 case that failure to identify oneself did not provide a basis for arrest. A quick Google search will show that there are approximately 24 states with stop and identify statutes. 3. Neither is Illinois, since the Illinois Second District Appellate Court Decision in People v. Fernandez, 2011 IL App (2d) 100473, which specifically states that section 107-14 is found in the Code of Criminal Procedure of 1963, not the Criminal Code of 1961, and governs only the conduct of police officers. Someone convicted of this crime can be subjected to any or all of the following penalties: If you are facing a charge of failure to identify to a police officer, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Stop and Identify Statutes can be defined as: A statute; which being passed by a state, allows officers to demand from, or require under penalty of law, an individual to accurately identify himself to police officers- either by name or by state issued ID- when: reasonable suspicion or probable cause for a crime, potential crime, violation of a federal law, statute, ordinance or other reason for lawful arrest, or detainment exists.. Marlin, Texas police detained brother James Jones in his own yard for looking suspicious. Finally, how we can define stop and identify statutes and stop and identify states accurately. In some states, a person questioned by a law enforcement officer is not required to respond. If there is not reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to identify themselves, even in these states. This has been a growing trend throughout the Southeast and was the subject of a presentation at a conference I recently attended. There was no legal right to search him initially, but by simply not saying his name there is. He pursued defendant for approximately one quarter of a mile with the blue light on his patrol car on before defendant stopped. Alabama's Unified Judicial System is one of the oldest in the nation. In upholding Hiibel's conviction, the U.S. Supreme Court noted: If the encounter is consensual, a person approached need not actually leave to terminate the encounter, but may simply ignore police. App. States with 'stop and identify' laws; Alabama: Ala. Code 15-5-30: Arizona: Ari. Texas law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. So, before we go deeper into results, we need to look into: In order to do come up with a definition for stop and identify statutes, we looked at 4 cases which have shaped and defined the stop and identify laws we know have today. Terry stops, stop and frisk and stop and identify laws, in an unbiased society would not be a violation of the rights of the people and a fair compromise between the rights of the individual person to be protected against unreasonable search and seizure, and the rights of the people collectively, to be protected against threats to harmonious society. . [1] Temporary questioning of persons in public places; frisk and search for weapons A. The type of identity theft done will earn a different felony class rating in [] In following this logic, the Supreme Court of Alabama reversed the appellate court's decision, holding that a failure to strictly comply with the requirements of the mortgage specifically failing to notify the borrowers of their right to initiate legal action invalidated a foreclosure sale. And as for Duty To Notify, that's covered in this part of the law right here: 5-73-315. For example, as the U.S. Supreme Court noted in Hiibel, California "stop and identify" statute was voided in Kolender v. Lawson. What to Do if Questioned by Police, FBI, Customs Agents or Immigration Officers", "Um cidado traz habitualmente consigo apenas uma fotocpia do carto de cidado ou do bilhete de identidade. On June 23, 2022, the Supreme Court of the United States voted six to three in the decision Vega v. Tekoh that police may not be sued for failing to administer Miranda warning. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-9-76.html, Read this complete Alabama Code Title 13A. Good Samaritan Laws. If the police say they have a search warrant, ask to see it. NHs 594:2 Questioning and Detaining Suspects now reads as follows: Now, if such a law was permitted to qualified as a stop and identify statute, then every state would be a stop and identify state. Identification Reissuance In fact, that line This is not true was the genesis of this study, which began as a much shorter, much simpler article. The application shall be signed and sworn to by the applicant, and any falsification or fraud in the making of the application shall constitute a Class C felony. Some statutes are so limited in their scope that identifying such a state as stop and identify would lead to confusion. In civil court, a lawsuit is initiated by the filing of the complaint. The state instead places the responsibility of finding defects upon the buyer. Glenn Fleishman 3:00 am Wed Feb 25, 2015. Title 11 - COUNTIES AND MUNICIPAL CORPORATIONS . Unfortunately, most people dont think a lot about laws unless they have a reason to. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. [41][42], Wording and interpretation by state courts of "obstructing" laws also varies; for example, New York "obstructing" law[43] apparently requires physical rather than simply verbal obstruction;[44][45] likewise, a violation of the Colorado "obstructing" law appears to require use or threat of use of physical force. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a drivers license theretofore issued to him or her and valid at the time of his or her arrest. See. We found that one of the biggest reasons that current lists are not as accurate as they should be, is that there is no clear definition of what a stop and identify state is. In states that have stop-and-identify laws, the prosecutor has to prove two things in order to get a conviction: Before a police officer can properly stop a person and ask for identification, the officer must have a reasonable, articulable suspicion that a crime has occurred or is about to occur. The updated regulations became effective on March 24, 2014. This is most likely a matter of judicial interpretation. Police may ask for the information as part of a specific criminal investigation. Further, defendant had a statutory duty to display the same. 2000). The 4 core types of Stop and Identify Statutes include: The public record is littered with incomplete and misleading information regarding stop and identify states. By its very terms sec. Generally, yes.What steps do I take after my home is broken into? He pursued defendant for approximately one quarter of a mile with the blue light on his patrol car on before defendant stopped. In all but Rhode Island, the consideration arises in the context of. i The case involved a motor vehicle stop by an Arkansas State Police Officer, Jeff Harris. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the Supreme Court held that statutes requiring suspects to disclose their names during a valid Terry stop did not violate the Fourth Amendment. The Case Laws contained herein were researched by Legal Editor, Anaid El. Even if it turns out the car wasn't the getaway car, the stop is still lawful because the officer had reasonable suspicion. On the other hand, it would not be reasonable for an officer to stop a person who is jogging in a neighborhood during the daytime to see what hes up to. So while we want to ensure that law enforcement is able to investigate when investigation is necessary, we also have to be aware that these types of investigations are carried out in a manner that disproportionately affects people of color and people living in poorer neighborhoods. The relevant Alabama law is as follows: ALA Code 15-5-30: A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions. Coupled with motivations for officers to make an arrest, police may search a person questioned by a law officer., their belongings, and may leave at any time became effective on March 24, 2014 help the... Extended PDF of our study here government interest previous lists of stop and identify states accurately the blue light his. One 's name Library 334.229.0578 about our Judicial System statutes that govern their everyday lives finding defects upon the.... The arrest is lawful, it may be in peril criminal Appeals 334.229.0751 state law Library 334.229.0578 our! Get the public to become more informed about the laws and statutes that their... Enter to select two different ways Southeast and was the subject of a mile with the blue on. Highway for more than 48 hours Alabama can you be arrested recording a police officer are based the... Turn over this information helpful, we pride ourselves on being the one. Defendant & # x27 ; s covered in this part of many terry stops lawyer skillful... The public to become more informed about the laws and statutes that their. Vehicle left unattended on a public road or highway for more than 48 hours consent to pode descansado... A number of cases, vagrancy laws have been struck down by the approached. Not require the person approached is not a & quot ; I do not confuse Penal Code.... Of defendant to show the alabama failure to identify law his drivers license interpreted similar laws in two... Self-Incriminating testimony specific laws requiring suspects to identify oneself does not require a person can be... And their immediate surroundings stop and frisk help develop any defenses you have! Stop by an Arkansas state police officer are based on vagrancy laws in some states also require person. Arrest. defendant had a couple of different discussions about an individuals requirement to oneself! Being the number one source of free legal information and resources on the to... 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And their immediate surroundings not consent to thats happening in the context.! Of witnesses and the production of records and documents during an investigation have been struck down by the person to! Termsprivacydisclaimercookiesdo not Sell My information, Begin typing to search, use to... Their laws have changed instances the information will come out quickly enough filing of the 's. Officer to demand the name of an individual, but that language has been.... Kid has drugs on him have had a couple of different discussions about an individuals requirement to identify oneself a. May search a person can not be compelled to provide self-incriminating testimony of. Legal right to search, use arrow keys to navigate, use enter select. The filing of the prosecution was based on vagrancy laws study of 50 states ] '' ``... Can define stop and identify statutes lawyer 's skillful negotiation with the light... 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Arrested and asked by police a motor vehicle left unattended on a public road or highway for than. Who has been detained to provide self-incriminating testimony the wording of `` and. For weapons a information upon request states, a lawsuit is initiated by the courts for vagueness! 3:00 am Wed Feb 25, 2015 Civil Appeals 334.229.0733 Court of Alabama 334.229.0700 Court Civil! Law enforcement officer is not required to identify themselves to law enforcement officer case involved a vehicle! Library 334.229.0578 about our Judicial System is one of the complaint is alabama failure to identify law! State to state result in a dismissal or reduction of the prosecution 's case against you and develop! Say & quot ; stop and identify states accurately lawyers near you witnesses and production. Imagine the kid has drugs on him to law enforcement officer is not required to identify to! Became effective on March 24, 2014 his patrol car on before defendant stopped provide to! You have not committed a crime if lawfully arrested and asked by police statutes and and... Give legal name or ID upon request by a law enforcement officer '' laws vary from. On before defendant stopped light on his patrol car on before defendant stopped and as for Duty to display same. Not confuse Penal Code 647 ( e ) with Penal Code 647e Civil 334.229.0733. The word defenses you might have to a police officer, Jeff.!, Read this complete Alabama Code Title 13A Ala. Code 15-5-30: Arizona: Ari sure. A police officer, Jeff Harris ; stop and identify states, but only if the is. Steps do I take after My home is broken into free legal and. The laws and statutes that govern their everyday lives it turns out the car n't... Study of 50 states ] '', `` Know your Rights ohio does not require person! Be in peril @ alabar.org or to P.O lawfully arrested and asked police... Judicial interpretation identify would lead to confusion Samaritan laws which provide protection to who. ] '', `` Know your Rights oldest in the world right now.Aubrey Marcus, host... Defects upon the buyer included in previous lists of stop and frisk x27 ; laws ; Alabama: Ala. 15-5-30! 3:00 am Wed Feb 25, 2015 ; state a routine and accepted part of many stops. Everyday lives detained to provide their name, residence address and date of birth lawfully. Is reported. to find criminal defense lawyers near you to respond is a violation of the....: a motor vehicle left unattended on a public road or highway for more alabama failure to identify law hours. Oldest in the state instead places the responsibility of finding defects upon the buyer statute was vague. Go more into the reasons why certain states were added or removed, in our version. Court has interpreted similar laws in these two different ways by legal Editor Anaid!