This type of "guilty upon arrest" publicity is the worst type of yellow journalism. It constitutes a pre-adjudication, extrajudicial penalty for individuals have have merely been charged with a crime. It serves no bona fide public good, and has driven people to suicide, depression, and trauma. To add the accused's employer's name heightens the irresponsibility. This type of publication shows utter contempt for our judicial system.

I vowed to never again purchase the Coachella Valley Sun newspaper after it deemed it appropriate to run names and photos of men arrested in a public restroom undercover sting operation last year. My law firm had a client who had been arrested by an undercover officer in that same restroom just months before. He was acquited (12-0) of all charges after a jury trial. Had his name and photo appeared in media upon arrest, he would have already suffered great and irreparable injury ---- notwithstanding his eventual, resounding vindication.

I'll put away my soapbox. To answer the question, I do not know of any compulsion to disclose your employer to the police. The question is routinely asked and does have at least one, quite real, purpose: the setting of a bail amount or the decision to release the arrested person on his own recognizance ("OR release"). The question is also routinely answered, given the answer usually does not usually have the horrendous ramifications you describe.

While an arrested, or properly detained, person is obligated to adequately identify himself to the police, I think he would be safe to decline name of employer. The risk is that bail might be required, but confronted with the fact of publication, I would probably opt to either decline (perhaps on 5th Amendment grounds) or generally describe my field of employment ("tv evangelist", "politician", etc.). One proviso: I would think long and hard before making an actual misstatement to the police in response to any question you have decided to answer. Lying to police is a separate crime.

My question is why are the police in the publicity business? And is there some Florida law or local ordinance that applies here?

Quote |