Asked for ID in a public place? What is the law?

[BlackTerrel]

This happened to me for the third time a couple nights ago. I was walking late at night to meet a friend and asked to show ID by a police officer. Middle of the street, totally public place, was not doing anything "suspicious".

I didn't want the hassle, so I complied, he went to his car, called in my information and let me continue on my way. Took about 20 minutes and was offensive and a pain in the ass, not to mention a waste of my time. And I couldn't even text my friend to tell him I'd be late because the cop freaked when I reached for my cell.

I figured a lot of people on this forum would know the law. Do I have to show him ID? What if I refuse? What could I be charged with? What if I don't have ID on me? I don't always carry one especially if I'm on my way to play sports and I don't want to have to worry about a wallet. Am I required to carry ID by law?

I've talked to friends about this and heard conflicting opinions, so I'd love to hear from someone who actually knows. Thanks.

Oh and this happened in California - not sure if that matters. The previous time it was in Chicago.

[pcosmar]

Papers please !!
It is getting more common. Even expected.

http://troutsoup.com/img/yourpapersplease.jpg

Happens to me too. :(

[Bucjason]

Unless he has some sort of probable cause , or under some hightened alert , you would have been well within your rights to deny his request...

[Reason]

It depends on your local laws.

In most places you can most definitely refuse to show ID if you have not committed any crime.

When asked for ID simply respond, "am I being detained, or am I free to go"

no matter what he says just keep repeating this line,

it has worked for me 3 or 4 times now.

obviously if you are alone in an alley with some massive grunt cop that's going to taze you and sprinkle some coke on your when he's done, make a judgement call but if you feel you are safe then always stick up for yourself.

All you need to do is call your local police station and ask about any laws having to do with presenting ID, I have always had decent cops that gave me straight answers.

If you get an officer that plays games with you over the phone or doesn't give you a straight answer, open a phone book and call 10 or so local lawyers that offer free consultations and ask as many questions as you can.

[acptulsa]

Kolender v. Lawson

http://en.wikipedia.org/wiki/Kolender_v._Lawson


[B]It depends on your local laws.

Nope. Local laws may require you to identify yourself. But to demand 'Your papers, pliss' is unconstitutional.

[dannno]

I thought you'd be used to being treated like a criminal everywhere you go by now.

[pcosmar]

I thought you'd be used to being treated like a criminal everywhere you go by now.

And it's getting worse.

http://www.saintsagainsttyranny.com/Papers%20please.gif

It seems that Non-compliance is considered a crime now.

Minnesota Man Tasered to Death for Non-Compliance
http://www.truthnews.us/?p=1708

Taser-crazy cops becoming global epidemic
http://carlosmiller.com/2009/08/18/taser-crazy-cops-becoming-a-global-epidemic/

[mczerone]

You should be Happy to know that you are now in the same persecuted group as Bob Dylan!


Seriously, though: it doesn't matter what their law is, they have badges and guns - and the right to change the words on paper that they respect as law. Show your papers or be detained, jailed, and get ready to spend a couple of months in jail.

And then be prepared to be harassed by your "fellow citizens" for (a) wasting their tax money by being jailed, (b) not "just complying" with the law "like a good citizen should", and (c) not following police orders, as they are the good guys and must be listened to.

People will not care that it is a corrupt and tyrannical system that has stolen their money to imprison you unjustly, because "you just have to cooperate and it would all be over." You, if you are being persistent about not having to ID yourself, should stick to the line "I am completely passive in this process, I have done nothing wrong and I pose no threat, but your agents will not let me go because they insist on forcing injustice upon me."

Written law doesn't matter to the cops anymore, don't let it get in your way of being free.

[mczerone]

It depends on your local laws.

In most places you can most definitely refuse to show ID if you have not committed any crime.

When asked for ID simply respond, "am I being detained, or am I free to go"

no matter what he says just keep repeating this line,

it has worked for me 3 or 4 times now.

obviously if you are alone in an alley with some massive grunt cop that's going to taze you and sprinkle some coke on your when he's done, make a judgement call but if you feel you are safe then always stick up for yourself.

All you need to do is call your local police station and ask about any laws having to do with presenting ID, I have always had decent cops that gave me straight answers.

If you get an officer that plays games with you over the phone or doesn't give you a straight answer, open a phone book and call 10 or so local lawyers that offer free consultations and ask as many questions as you can.


You should be carrying a recording device - video preferably.

[brandon]

As civilradiant said, it depends on your state's laws.

Here in PA you are not required to show an ID but you do have to verbally give your name and address to a cop if he asks.

But that's just the law. If the cop will still arrest you for not presenting an ID if he wants to.

Last summer a cop stopped me and I initially refused to present ID. He then threatened to arrest me for public intoxication if I didn't show an ID. I showed the ID but he still arrested me anyway. I had to spend a night in jail and wait 6 months to get a court date. I did fight and and was found not guilty...but there was a shitload of hassle involved.

[acptulsa]

Oh, if you can cite the case (I'm ashamed it took me so long to find it; I thought I had it down) it's a rare cop that won't wake up and smell the coffee. You'll immediately demonstrate to them that you're anything but 'low-hanging fruit'.

The Constitution is completely dead only to those who refuse to learn it.

[acptulsa]

Because not standing up for our rights has put us in such a comfortable position thus far...

Short term thinking: Not the stuff great revolutions are made of.

[newbitech]

It depends on your local laws.

In most places you can most definitely refuse to show ID if you have not committed any crime.

When asked for ID simply respond, "am I being detained, or am I free to go"

no matter what he says just keep repeating this line,

it has worked for me 3 or 4 times now.

obviously if you are alone in an alley with some massive grunt cop that's going to taze you and sprinkle some coke on your when he's done, make a judgement call but if you feel you are safe then always stick up for yourself.

All you need to do is call your local police station and ask about any laws having to do with presenting ID, I have always had decent cops that gave me straight answers.

If you get an officer that plays games with you over the phone or doesn't give you a straight answer, open a phone book and call 10 or so local lawyers that offer free consultations and ask as many questions as you can.


That. Cops know that once they initiate an arrest the game changes. If you do ask "am I being detained or am I free to go" you need to go ahead and automatically assume that you are being detained. You will also probably be subject to an illegal search. Make sure you do not consent to the search either.

Also, some Cops will try and get you to talk by saying that you have no Miranda protection because you are not under arrest. You need to remember that these folks are officers....of the court. At any point in time when you speak to a cop, what you say will be used against you. So, you don't have to answer any questions at all without legal counsel. Of course at this point if the cop has ANY suspicion of you no matter how small or inaccurate, you are going to go to jail by invoking Miranda, just something to keep in the back of your mind.

Now some questions you might want to ask during that uncomfortable period between you asking if you are being detained or if you are free to go. You really don't want to come across as a parroting fool.

Ask them if you match the description of any subject that they are investigating. Something like, "Officer, do I match the description of someone who has a warrant?" You also might want to ask something like, "Officer, do you have a reason to believe that I might be able to assist you in preventing a crime?" You accomplish 2 things with this. #1 you remind them that they need to have a warrant or probable cause to arrest you. You also show your awareness and respect that the Cop does have a job to do and you are willing to abide by the law if there is a reasonable suspicion for his questioning you. In other words, you are helping his investigation, not impeding it. If he really has an investigation going on, you probably want to go ahead and show your ID, especially if there is a BOLO happening in you vicinity. But if he is just there to harass you, you have given him an easy way to back off and save face.

Now at this point, you'll be in a much better position to decide your next move.

[Bruno]

That. Cops know that once they initiate and arrest the game changes. If you do ask "am I being detained or am I free to go" you need to go ahead and automatically assume that you are being detained. You will also probably be subject to an illegal search. Make sure you do not consent to the search either.

Also, some Cops will try and get you to talk by saying that you have no miranda rights because you are not under arrest. You need to remember that these folks are officers....of the court. At any point in time when you speak to a cop, what you say will be used against you. So, you don't have to answer any questions at all without legal counsel.

Now some questions you might want to ask during that uncomfortable period between you asking if you are being detained or if you are free to go. You really don't want to come across as a parroting fool.

Ask them if you match the description of any subject that they are investigating. Something like, "Officer, do I match the description of someone who has a warrant?" You accomplish 2 things with this. #1 you remind them that they need to have a warrant or probable cause to arrest you. You also show your awareness and respect that the Cop does have a job to do and you are willing to abide by the law if there is a reasonable suspicion for his questioning you. In other words, you are helping his investigation, not impeding it.

Now at this point, you'll be in a much better position to decide your next move.

Good advice. NEVER CONSENT TO A SEARCH. You have a lot to lose if you consent and have something to hide, little to lose if you don't consent and have something to hide. It always amazes me when I watch the show COPS and they ask some driver, "Can we search your trunk?" If they had authority to search, they wouldn't be asking. They then open the trunk and find 50 lbs of pot or something. At least say NO! What's the harm?


I was told by two cops in a mall they were going to take me upstairs and search me (long story why). I told them I would not consent to a search. They walked me upstairs anyway, saying, "Well, you're getting searched anyway" and made me empty my pockets. They found what they were looking for.

During my defense at pre-trial on a motion to suppress, they said they thought I had consented to the search because, as they said, "He didn't run for the door". I could hardly contain my laughter, and the judge didn't buy their story either. I took the stand, told the judge that I specifically told them I was not consenting to the search, and she believed me. I aldo contradicted numerous other lies they said, all of which the judge sided with me on.

I won. They lost. I walked away, they sulked off. :)

[Bucjason]

I wouldn't have a problem showing it , depending on the reason. No reason to be an asshole before you know there is a reason to be an asshole. The 1st thing I'd do is ask the cop WHY he wants to see my I.D. ...if it's a legit reason , like there is a suspect in the area that matches my description , then I'd have no problem coopererating . Most cops are good guys just trying to do thier job.

The important thing is that you know your rights, and what you HAVE to do and what you DON'T have to do...

It's like the breathilizer . I have no clue why people who know damn well they are over the limit would blow into the breathilizer. All you are doing is providing the state with solid evidence. You have the right not to incriminate yourself. Know your rights , people.

[acptulsa]

I wouldn't have a problem showing it , depending on the reason. No reason to be an asshole before you know there is a reason to be an asshole. The 1st thing I'd do is ask the cop WHY he wants to see my I.D. ...if it's a legit reason , like there is a suspect in the area that matches my description , then I'd have no problem coopererating.

I was walking home from work one night many years ago, and a cop stopped for that very reason--a store had just been robbed nearby. He asked if I would go to the store so the clerk could look at me. The store was back the wrong direction. So, I said I would if he would give me a ride home after I was cleared. He asked where I lived (nearby) and agreed.

He kept his word, too. There is a lot to be said for keeping the encounter non-confrontational. I didn't show i.d., btw. There was no search, either. I have never consented to either in my life.


The important thing is that you know your rights, and what you HAVE to do and what you DON'T have to do...

Kolander v. Lawson was a Burger Court decision. That could help.

[NerveShocker]

Um.. this isn't much of a battle. I agree with newbietech who said you should say "Am I being detained or am I free to go"? That will force them to make a decision of whether they are going to abuse your rights or not. In most states you are not required by law to show you're I.D.. following the law is not picking a battle. If they try to arrest you for no reason they are picking a fight not the other way around (A fight they will lose if you have witnesses). In my case every time I have been asked to show I.D I tell them I don't have it.. usually I say that because it's true. There's nothing they can do after that and they always let me go on my way.

[Uncle Emanuel Watkins]

This happened to me for the third time a couple nights ago. I was walking late at night to meet a friend and asked to show ID by a police officer. Middle of the street, totally public place, was not doing anything "suspicious".

I didn't want the hassle, so I complied, he went to his car, called in my information and let me continue on my way. Took about 20 minutes and was offensive and a pain in the ass, not to mention a waste of my time. And I couldn't even text my friend to tell him I'd be late because the cop freaked when I reached for my cell.

I figured a lot of people on this forum would know the law. Do I have to show him ID? What if I refuse? What could I be charged with? What if I don't have ID on me? I don't always carry one especially if I'm on my way to play sports and I don't want to have to worry about a wallet. Am I required to carry ID by law?

I've talked to friends about this and heard conflicting opinions, so I'd love to hear from someone who actually knows. Thanks.

Oh and this happened in California - not sure if that matters. The previous time it was in Chicago.

If you only spoke Spanish and you didn't have your ID, then it would be against Federal law for them to ask you for it. See, the homeless get harrassed not because they are homeless but because they are stupid. How stupid are they? Well, first of all they speak up and second they comply with the order to produce Identification. If they didn't speak any English and didn't have any Identification to produce, then they'd have the same rights as illegals.

[acptulsa]

This is a fight for basic Constitutional rights against an enemy which, if given an inch, will take a mile. I'll fight it, thank you.

You know, the Constitution is still the law of the land and the SCOTUS is still considered the ultimate arbiter of it. This is hardly a knock down, drag out fight to say, no thank you officer, I think I'll just stand on the rights my father and grandfather risked death to defend for me...

It's against my principles to be low-hanging fruit. It's across my line in the sand. And this has worked for me thus far.

[lynnf]

This happened to me for the third time a couple nights ago. I was walking late at night to meet a friend and asked to show ID by a police officer. Middle of the street, totally public place, was not doing anything "suspicious".

I didn't want the hassle, so I complied, he went to his car, called in my information and let me continue on my way. Took about 20 minutes and was offensive and a pain in the ass, not to mention a waste of my time. And I couldn't even text my friend to tell him I'd be late because the cop freaked when I reached for my cell.

I figured a lot of people on this forum would know the law. Do I have to show him ID? What if I refuse? What could I be charged with? What if I don't have ID on me? I don't always carry one especially if I'm on my way to play sports and I don't want to have to worry about a wallet. Am I required to carry ID by law?

I've talked to friends about this and heard conflicting opinions, so I'd love to hear from someone who actually knows. Thanks.

Oh and this happened in California - not sure if that matters. The previous time it was in Chicago.


http://answers.yahoo.com/question/index?qid=20081012031510AA6WP8o

in Texas:

Best Answer - Chosen by Asker
--- It depends on the circumstances of your contact with the officer. The united states supreme court decision in terry vs ohio allows officers to stop and frisk anyone they have reasonable suspicion has committed or is about to commit a crime. This is known as the stop & frisk law.
--- Although Terry vs Ohio does not adress showing ID many think that identfying the person is part and parcel with stop & frisk. In the recent decision in the case of Hiibel v. Sixth Judicial District Court of Nevada, the U.S. Supreme Court upheld the Nevada law that says just that. That you must identify yourself if stopped by an officer with resonable suspicion that a crime was committed. The supreme court has been standing behind officers with decisons that require people to ID themselves when legally stopped for suspicon of criminal activity. Also, most states have laws that state you may not hinder a police investigation and identifying one self has been considered part of any investigation, which is what Hiibel was basically about.
--- That was regading pre-arrest situations, now, if you are arrested its different, then you must ID yourself. The supreme court does require that you identify yourself if you have been arrested for any charge.
--- I could not find a state law in Texas that requires you to ID yourself just because an officer asks it, but if you are in a auto it is different, you are required to show your license when stopped in a car. Also, as I stated before, if an officer has arrested you you must identify yourself.
--- Should you refuse to identify yourself you may find yourself arrested for obstructing a peace officer and held until either you produce ID or until your fingerprints have been run through the FBI.
--- However, the above is when an officer has reasonable suspicion that you are up to no good. Police Officers do not have the authority to simply walk down the street and demand ID from random persons or from persons who have done nothing. They also can't stop you and demand ID simply because they feel you look like a bad guy. The officer must have some reason he can articulate to a judge that made him reasonably suspicious that you were committing a crime, had just committed a crime or were about to commit a crime.
--- Now just because I have explained the law to you don't think to be a fool and quote law to a working street officer and refuse to ID yourself because YOU don't think he has a justifiable reason to ID you. That will only get you brusied and in jail and rightfully so. The street is NEVER the place to argue with a peace officer. If you think you are in the right then your place to fight is in court. There you have a level playing field and you can have an attorney who can argue law for you.
--- If you are asked for ID just show it and then if you think the officer was exceeding his authority you can contact an attorney if you can afford one and if not contact the public defenders office, but first try to handle it by filing a complaint with the agency the officer works for.
--- If he was out of line they will discipline him and if not then see a public defender.
--- Also, by ID I mean telling the officer your name, DOB and address. It does not mean you have to have some formal type of ID.
Source(s):
Retired Deputy Sheriff with 21 years of service


----------------------------------------------------------------------------

lynn

[AbolishTheGovt]

I've wondered about this, myself. The police recently set up a checkpoint on the main street of the little town where I live and you have to show ID to get through. Not sure why they set it up though.

[LibForestPaul]

I've wondered about this, myself. The police recently set up a checkpoint on the main street of the little town where I live and you have to show ID to get through. Not sure why they set it up though.

Huh! I do not believe it.

[LibForestPaul]

Because not standing up for our rights has put us in such a comfortable position thus far...

Short term thinking: Not the stuff great revolutions are made of.

When do you stand up? When they are putting you in ghettos after confiscating your guns?

Or before when they make you wear a star?

[Mandrik]

What forum is this? Why would you do everything a cop requests? Do you forget what country we live in? Stand up for yourself and say the minimum (name & address in some states like here in Pa). Don't show ID, & don't consent to a search. Respectfully decline to answer any questions and be sure to ask if you are being detained or are you free to go.

Stand up for your rights while you still have them.

[BlackTerrel]

I'm actually with you on that. I have no desire to be a martyr. I have a good life and too much positive stuff going on to spend my time worrying about what is (in the end) an inconvenience. Wasting 20 minutes of my day sucks, but its not the end of the world.

I just wanted to get a sense of what my legal rights were because I've heard so many conflicting opinions.

Also there are times where if I'm not driving I don't have my wallet/ID on me. So it's good to know what I should be doing.

Regardless thanks for all the good responses. I guessed and was write that people here would have a good understanding of the law. Far more so than my friends (who have lots of opinions but very little actual knowledge :)).

[BlackTerrel]

--- Now just because I have explained the law to you don't think to be a fool and quote law to a working street officer and refuse to ID yourself because YOU don't think he has a justifiable reason to ID you. That will only get you brusied and in jail and rightfully so. The street is NEVER the place to argue with a peace officer. If you think you are in the right then your place to fight is in court. There you have a level playing field and you can have an attorney who can argue law for you.

Heaven forbid that you disagree with an almighty police officer :rolleyes:


--- If you are asked for ID just show it and then if you think the officer was exceeding his authority you can contact an attorney if you can afford one and if not contact the public defenders office, but first try to handle it by filing a complaint with the agency the officer works for.
--- If he was out of line they will discipline him and if not then see a public defender.

Who has the time/money to do that? I should spend 10K of my own money to deal with this?

(I know the quotes aren't yours Lynn).

[teacherone]

This is how to deal with cops.

YouTube - BUSTED: The Citizen's Guide to Surviving Police Encounters (http://www.youtube.com/watch?v=yqMjMPlXzdA)

[Bucjason]

I've wondered about this, myself. The police recently set up a checkpoint on the main street of the little town where I live and you have to show ID to get through. Not sure why they set it up though.

I've always thought check-points were a violation of our rights also. I don't know how the heck they get away with stopping people in mass without probable cause....probably only because we let them.

[Krugerrand]

This is how to deal with cops.

YouTube - BUSTED: The Citizen's Guide to Surviving Police Encounters

Good video. The second scenario is relevant to the conversation at hand. They ultimately recommend contacting your local ACLU office to find out your local laws. That sounds like a good place to go.

[rrcamp]

I wondered about this as well. I recently visited the US and while in Philly I went with my buddy on a tour of the US Mint there. They wouldn't let us enter the building without showing them our ID. I asked the guard there why and hey said something like, "well you know we need to be careful, increased security, etc. etc" which wasn't a very satisfying answer (how about referencing a statue). I'm sure they're correct since I was entering a federal building, but it just made me uncomfortable. I will say, however, that having my girlfriend's picture taken and fingerprints scanned upon entry to the US unnerved me much more. I understand they want to track foreigners in the country, but she has a legal visa and I simply don't trust them enough to use this data correctly.

[hotbrownsauce]

This happened to me for the third time a couple nights ago. I was walking late at night to meet a friend and asked to show ID by a police officer. Middle of the street, totally public place, was not doing anything "suspicious".

I didn't want the hassle, so I complied, he went to his car, called in my information and let me continue on my way. Took about 20 minutes and was offensive and a pain in the ass, not to mention a waste of my time. And I couldn't even text my friend to tell him I'd be late because the cop freaked when I reached for my cell.

I figured a lot of people on this forum would know the law. Do I have to show him ID? What if I refuse? What could I be charged with? What if I don't have ID on me? I don't always carry one especially if I'm on my way to play sports and I don't want to have to worry about a wallet. Am I required to carry ID by law?

I've talked to friends about this and heard conflicting opinions, so I'd love to hear from someone who actually knows. Thanks.

Oh and this happened in California - not sure if that matters. The previous time it was in Chicago.

I believe these are called "Stop and Identify laws". Each state has a different law. Check out your state. Each locality can have different statutes also so check those too. If your state has a law saying they can see your ID it doesn't matter what local law says because they follow state law also. However if you are not being arrested or detained you don't have to talk or tell the police anything and you can keep walking down the street.
http://en.wikipedia.org/wiki/Stop_and_Identify_statutes

[Reason]

I believe these are called "Stop and Identify laws". Each state has a different law. Check out your state.

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes
Detention

A person is detained when circumstances are such that a reasonable person would believe he is not free to leave.[8] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-7)
Police may briefly detain a person if they have reasonable suspicion (http://en.wikipedia.org/wiki/Reasonable_suspicion) that the person has committed, is committing, or is about to commit a crime. Many state laws explicitly grant this authority; in Terry v. Ohio, the U.S. Supreme Court established it in all jurisdictions, regardless of explicit mention in state or local laws. Police may conduct a limited search for weapons (known as a “frisk (http://en.wikipedia.org/wiki/Frisking)”) if they reasonably suspect that the person to be detained may be armed and dangerous.
Police may question a person detained in a Terry stop, but in general, the detainee is not required to answer.[9] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-8) However, many states have “stop and identify” laws that explicitly require a person detained under the conditions of Terry to identify himself to a police officer, and in some cases, provide additional information.
Before Hiibel, it was unresolved whether a detainee could be arrested and prosecuted for refusing to identify himself. Authority on this issue was split among the federal circuit courts of appeal,[10] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-9) and the U.S. Supreme Court twice expressly refused to address the question.[11] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-10) In Hiibel, the Court held, in a 5-4 decision, that a Nevada “stop and identify” law did not violate the United States Constitution (http://en.wikipedia.org/wiki/United_States_Constitution). The Court’s opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating his name. Some “stop and identify” laws do not require that a detainee identify himself, but allow refusal to do so to be considered along with other factors in determining whether there is probable cause to arrest.
The validity of requirements that a detainee provide information other than his name remains unresolved as of August 2008.

[Reason]

States with “stop and identify” statutes

There is no federal law requiring that an individual identify himself during a Terry stop. Hiibel merely established that states and localities have the power to require people to identify themselves under those conditions.
As of 2009, the following 24 states have “stop and identify” laws:
Alabama Ala. Code §15-5-30 (http://law.justia.com/alabama/codes/14214/15-5-30.html) Arizona Ari. Rev. Stat. Tit. 13, Ch. 24-12 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/02412.htm&Title=13&DocType=ARS) (enacted 2005) Arkansas Ark. Code Ann. §5-71-213(a)(1) (http://www.arkleg.state.ar.us/SearchCenter/Pages/ArkansasCodeSearchResultPage.aspx?name=5-71-213.Loitering.) Colorado Colo. Rev. Stat. §16-3-103(1) (http://www.dvmen.org/dv-177.htm#16-3-103) Delaware Del. Code Ann., Tit. 11, §§1902 (http://delcode.delaware.gov/title11/c019/sc01/index.shtml#P27_576), 1321(6) (http://delcode.delaware.gov/title11/c005/sc07/index.shtml#P249_16458) Florida Fla. Stat. §856.021(2) (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0856/SEC021.HTM&Title=-%3E2006-%3ECh0856-%3ESection%20021#0856.021) Georgia Ga. Code Ann. §16-11-36(b) (loitering statute) Illinois Ill. Comp. Stat., ch. 725, §5/107-14 (http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HArt%2E+107&ActID=1966&ChapAct=725%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=54&ChapterName=CRIMINAL+PROCEDURE&SectionID=30017&SeqStart=16100&SeqEnd=17562&ActName=Code+of+Criminal+Procedure+of+1963%2E) Indiana Indiana Code §34-28-5-3.5 (http://www.in.gov/legislative/ic/code/title34/ar28/ch5.html) Kansas Kan. Stat. Ann. §22-2402(1) (http://www.kslegislature.org/legsrv-statutes/getStatuteInfo.do?number=22-2402) Louisiana La. Code Crim. Proc. Ann., Art. 215.1(A) (http://legis.state.la.us/lss/lss.asp?doc=112364) Missouri Mo. Rev. Stat. §84.710(2) (http://www.moga.mo.gov/statutes/C000-099/0840000710.HTM) Montana Mont. Code Ann. §46-5-401 (http://data.opi.state.mt.us/bills/mca/46/5/46-5-401.htm) Nebraska Neb. Rev. Stat. §29-829 (http://law.justia.com/nebraska/codes/s29index/s2908029000.html) Nevada Nev. Rev. Stat. §171.123 (http://leg.state.nv.us/NRS/NRS-171.html#NRS171Sec123) New Hampshire N. H. Rev. Stat. Ann. §594:2 (http://www.gencourt.state.nh.us/rsa/html/LIX/594/594-2.htm) New Mexico N. M. Stat. Ann. §30-22-3 New York N. Y. Crim. Proc. Law (CPL (http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS)) §140.50 (http://public.leginfo.state.ny.us/frmload.cgi?BOT-13231703) (1) North Dakota N.D. Cent. Code §29-29-21 (http://www.legis.nd.gov/cencode/t29c29.pdf) (PDF (http://en.wikipedia.org/wiki/PDF)) Ohio Ohio Rev. Code §2921.29 (http://codes.ohio.gov/orc/2921.29) (enacted 2006) Rhode Island R. I. Gen. Laws §12-7-1 (http://www.rilin.state.ri.us/Statutes/TITLE12/12-7/12-7-1.HTM) Utah Utah Code Ann. §77-7-15 (http://le.utah.gov/%7Ecode/TITLE77/htm/77_07_001500.htm) Vermont Vt. Stat. Ann., Tit. 24, §1983 (http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=24&Chapter=059&Section=01983) Wisconsin Wis. Stat. §968.24 (http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=968.24) The opinion in Hiibel implied that, unless a specific local jurisdiction (city, town, county, township, etc.) has passed a “stop and identify” law, persons in states not listed above are not obligated to identify themselves when detained by police.[18] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-17) However, the issue may not be settled absent a definitive state-court holding that identification is not required.[19] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-18) And the ACLU (http://en.wikipedia.org/wiki/ACLU) of Northern California cautions:[20] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-19)
“And in any state, police do not always follow the law, and refusing to give your name may make them suspicious and lead to your arrest, so use your judgment. If you fear that your name may be incriminating, you can claim the right to remain silent, and if you are arrested, this may help you later.[21] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-20) Giving a false name could be a crime.”

[Reason]

Looks like California DOES NOT HAVE a "stop and identify" law at the moment.

California’s “stop and identify” law, Penal Code §647(e) had wording[26] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-25) similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973) , 33 Cal.App.3d 429 construed the law to require “credible and reliable” identification that carries a “reasonable assurance” of its authenticity. Using this construction, the U.S. Supreme Court held the law to be void for vagueness in Kolender v. Lawson (http://en.wikipedia.org/wiki/Kolender_v._Lawson), 461 U.S. (http://en.wikipedia.org/wiki/United_States_Reports) 352 (http://supreme.justia.com/us/461/352/case.html) (1983).[27] (http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#cite_note-26)

[Razmear]

Don't say yes and don't say no. Just ask him Why?

If he can't explain why he has cause to see your ID then you are justified in later telling him no, but the first several questions you ask the cop should relate to why he wants to see your ID, what law (ask for the code) gives him the authority to ask for your ID, and generally just be a quizzical pest until the cop gives up.
Now if you ask Why and the cop says because an officer was just shot the next block over, or has some other good reason, then comply, but if not then act like a 4 year old with the Why's.

Same thing goes if you get pulled over and a cop wants to search your car, but this has more of a root in law.
Don't say yes or no.
First thing you ask is What are you looking for?
The cop will usually respond: Contraband. or something equally vague. Get him to state exactly what he is looking for.
Second question is Why do you think I have it?
If the cop can not state what he is looking for and why you are suspected of possessing that item, he has no right to search. The latest watered down ruling on the 4th Amendment is the officer "must have a reasonable and articulable suspicion" before searching a vehicle so if the cop can not say what hes looking for and why you have it, then you can explain that to him when you ultimately refuse the search, and if he persists after the refusal, request that he send his sergeant to this location and repeat the whole process all over again.

eb

[hotbrownsauce]

This is how to deal with cops.

YouTube - BUSTED: The Citizen's Guide to Surviving Police Encounters (http://www.youtube.com/watch?v=yqMjMPlXzdA)

This is valuable too.

I wanted to reiterate what I said earlier since I was still editing it when people started responding.


I believe these are called "Stop and Identify laws". Each state has a different law. Check out your state. Each locality can have different statutes also so check those too. If your state has a law saying they can see your ID it doesn't matter what local law says because they follow state law also. However if you are not being arrested or detained you don't have to talk or tell the police anything and you can keep walking down the street.
http://en.wikipedia.org/wiki/Stop_and_Identify_statutes

[RideTheDirt]

I've wondered about this, myself. The police recently set up a checkpoint on the main street of the little town where I live and you have to show ID to get through. Not sure why they set it up though.
My city has been doing these for months. They will NOT tell me where they are having them until they start. It is crazy! I spoke to the city's attorney and they could not find where they had the authority, and lied and said she would "find it and get back to me"

No license, they will tow your car. The police now want to start their own tow truck company.

I hate our tyrannical "driver's license checkpoints":mad: