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Libertarian feels his service needed at Chico State

By Bryce Benson

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Published: Wednesday, September 10, 2008

Updated: Monday, May 11, 2009

Aaron Jones visited Chico to get a feel for the area and search for the philosophically conservative.

Conservatives were tough for him to find, but he did meet libertarian-minded students at the Thursday Night Market, he said. After two days, he left Chico with a sense his services are needed.

"I noticed that there was a sizable following for Ron Paul (in Chico)," he said. "Well, one of the groups students can form is a new group that came out of the Ron Paul movement called Young Americans for Liberty."

A field representative for the Leadership Institute, an Arlington, Va.-based conservative think-tank, Jones is spending the next three months at college campuses in Northern California and Reno, Nev. recruiting students to start conservative student groups and publications.

The Leadership Institute is a base for the conservative grassroots movement, said Ian Ivey, the group's communications director. College campuses tend to lean to the left, so the Leadership Institute offers resources for students to start conservative groups or publications.

"Basically, my job is to help support student groups who support a philosophy of limited government which includes libertarians as well," Jones said. "I can help new or existing student groups get grant money for speakers - up to $3,000 and $800 to start a publication on their campus."

A great thing about the Leadership Institute is that they are non-partisan, Jones said. They deal with philosophy and principles, so for those who believe in defending the Constitution and limited government, the Leadership Institute is there to help get the resources and training needed.

"One of the hardest things for students to understand is that L.I. doesn't want to control the groups we help and associate with," Jones said. "We just want to energize and inspire students to become leaders within their own groups."

Jones is one of 50 Leadership Institute-trained field representatives who are posted all across the country to start conservative student groups and newspapers.

A libertarian himself, Jones, 29, wants students to explore the Constitution and learn to protect their rights. He practices what he preaches.

Jones arrived in Chico late Aug. 27. He explored the campus to post fliers and figure out where he could engage in political talk with students, Jones said.

Around 2 a.m. Aug. 28, he sat in his parked car on the corner of West Second Street and Normal Avenue using wireless Internet to search for a hotel, he said. The red and blue lights from the flashing police siren caught his eye immediately. Then Officer Michael Swithenbank appeared by his window.

When asked by Swithenbank to show his driver's license, Jones questioned why he should show identification if he hadn't done anything illegal, he said. Because he thinks he has "the right not to show papers," he refused to give the officer his driver's license.

"I'm not the kind of guy who is always paranoid about the police - they are there to protect us, and I respect that," Jones said. "But they are also there to protect our Constitutional rights."

In the dispatch recording of the incident Swithenbank, who was on DUI patrol that night, is heard saying: "Be advised - he's a Constitutionalist."

A little more than 20 minutes into the incident Jones clicked on a pocket-sized video camera he had in his car, he said. Swithenbank returned to Jones' car asking him if he is Aaron Lawrence Jones, of Gridley, who has a warrant out for his arrest for a parole violation.

Video courtesy of Aaron Jones

Swithenbank took Jones' Leadership Institute business card and accepted he was Aaron Robert Jones of Springfield, Miss. Sgt. Brian Farrell tossed the card into the car and said, "You win this round, man."

Lt. Matt Hansen of the University Police Department said that Swithenbank acted within the boundaries of the law, but "perhaps he could have done a better job explaining the situation."

"Consider your source. You're aware (Jones is) a political activist, and he informed us he was a Constitutionalist," Hansen said. "Constitutionalists have an ax to grind with government, and they see police as an extension of government in which they don't recognize their authority, because they think their authority is the Constitution."

Jones said a prior experience with police framed the way he handled this situation. After being pulled over in the small town of Ash Grove, an officer insisted on searching his car for drugs. There weren't any because Jones doesn't use drugs.

"After that experience I vowed not to give in to violations of privacy by the police -especially if the police can provide no rational reason for their demands," he said.

Jones isn't letting one incident with the police ruin his plans for Chico, he said.

"The sense of community here in Chico is amazing," he said. "At the farmers' market, I noticed right away that Ron Paul has a strong following here in the community and just by talking to folks enjoying the market, I got four people signed up to join Chico State's Young Americans for Liberty group."

This election and particularly the campaign of Ron Paul motivated him to become politically active, Jones said. Since graduating with a degree in music from Indiana University, Jones has held numerous odd jobs.

"Last year, I never thought I'd be doing anything like this job," he said. "I'm a musician who studied piano and harpsichord at Indiana University, and I have my own experimental band."

Jones is returning to Chico Thursday to man a table and recruit students who support the philosophy of limited government.

"Anyone who is interested in defending the constitution should talk to me," Jones said. "I'll see what kind of help I can provide."

Bryce Benson can be reached at bbenson@theorion.com

Comments

1 comments
Anonymous
Sat Jul 11 2009 06:23
Let's try and clear the previous answers up and then give you the straight story in California:

California does not require you to have ID except under very few circumstances (like when you're driving a car). Just walking around town, shopping in the grocery store, sitting on your porch or playing in the park does not require you to have ID.

Just because we're police officers does not allow us to require identification from people.

Hiibel v. Nevada does not apply in California, even though it was decided by the US Supreme Court, because California has no statute requiring you to identify yourself when detained on reasonable suspicion of criminal activity. Nevada does, and Hiibel was convicted of violating it. If California had such a law, then Hiibel would apply. California does have a law having to do with resisting, delaying or obstructing an officer performing his duties, and it's possible someone can make a case for this if you refuse to ID yourself - I haven't seen it done yet, though.

Passengers in a vehicle are not required to show ID upon request merely because they are passengers.

The answer just above mine is probably the closest to the truth. It's not accurate to say, "whether or not you have or have not done anything illegal, you must upon a peace officer's request, provide a state's drivers license or ID card" because in California, there is no requirement that have either of those things except in certain cases (again - if you are driving a car, etc). You might be denied certain benefits if you can't prove your identity, but there is no law in this state that says you must have a license or an ID card.

I can't disagree with the rest of the answer, though. If I ask you for ID and you tell me you don't have it or outright refuse to provide it (under circumstances where you don't have to), you're going to send my "bad guy" radar into overdrive. I will very likely do everything possible to determine who you are, because I don't want to be the guy who let the murderer from Kentucky or the rapist from Illinois escape justice. And yes, depending on the circumstances, it's entirely possible I could make things very difficult for you if you refuse to identify yourself.

So the answer to your question, given the very limited amount of detail you provided, is no...you do not have to show ID when requested for a "random" reason.

HOWEVER:

You are not going to be in any position to decide if the request is just a random one. The police might have a very valid reason to request your identification, and they are not required to tell you what it is before you hand over the ID.

One sure way to find out if they have the legal right to demand your identification is to refuse to hand it over. If they have the legal right to demand it, and you refuse to hand it over, the next sound you hear will be handcuffs. If that's a chance you're prepared to take, then refuse all requests for identification from law enforcement. You'll only get arrested on those occasions when the request was legally justified.

If you're one of those people who just object to the idea of telling the police who you are, get over it. We can and do make it our business to know who someone is if we have an interest in them. If you want to be the guy that refuses to identify yourself on principle, go for it. Be prepared to have unpleasant run-ins with law enforcement.

You asked about showing your ID. That implies that you will have it with you. If you don't have your ID with you, then you can't show it, can you? However, that's no magic bullet, either. If you are in a situation where the police have legal justification for knowing who you are, and you cannot prove who you are, you run a HUGE risk of being booked into the local jail until such time as you do prove who you are. And we are not required to take your word for it, or to accept anything less than official government-issued identification with a photo on it.

So the second answer to your question, given the very limited amount of detail you provided, is yes...you should ID yourself unless you want to run the risk of getting arrested.







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