When do you HAVE to show ID?

S

Shooter 973

New member
Do you have to show ID to the police just because they ask for it?
Not in response to a traffic stop or any other possible infration, just because they ask?
 
Yes...although it may differ from state to state etc. I know in Colorado, its a misdemeanor to not have any form of ID on you outside of your home.
 
Generally no, in general police must have reasonable suspicion of criminal activity to stop you and ask questions. If you have been properly detained though, some states have criminal penalties for refusal to identify yourself.
 
better seek legal advice

on this one if you are really concerned over the issue. Failure to comply with the request could end up with your explanation to the judge, He won't like I heard it on the Internet as an explanation.
 
In VA if they ask, you show. Back when I was a young punk spending my days skateboarding/lotiering, having the cops ask for my ID and patt me down was a routine occurnce. One time, the same cop had asked me twice in the same day for my ID (I was with two different groups of idiots that afternoon) I got mouthy and said he must be getting old if he couldnt remeber me from ealier that day. Well, he did remember me and where I lived. He drove me home and told my parents what I said and showed them the ciggeretes he took off me. My mom took her shoe off and started beating me with it right in front of the cop (middle easteren thing) he had to pull her off me. So yeah, show the cops your ID, especially if you're 15 and can still be deliverd to your parents for a legal beating....
 
"On what basis?"

On the basis of being asked by a LEO as required by law. As noted, reference applicable laws.

"Generally , police must have reasonable suspicion to even stop you in the first place."

Cart before the horse... That's not an argument to make to the judge, not to the officer.
 
NO

About three or four years ago or so, the US Supreme Court made a ruling in a case, Hible (spelling) v Sixth Judicial District of Nevada. They said if a state has a "must identify" law, one must give his name but does not need to produce an ID card. This of course is different if you're engaged in an activity that requires you to carry ID. And of course as always, read it for yourself.

When this ruling was made, I was living in Manassas Virginia. I personally spoke with the city police chief and he said that if you are just out walking around you don't have to carry or show ID.
 
I think you are misreading that decision. Someone here might know better but the way I remember that case is that the official decision dealt with whether being asked to identify yourself without being charged with an offense is a violation of the 4th and 5th amendments. The court stated that it is not a violation.

It did go so far as to say simply stating your name should, under most circumstances, satisfy your requirement to identify yourself. But, I do believe it also went on to state that giving a false name is a crime and if the officer chooses to he can decide to not take your word for it and detain you until such matters can be resolved. Which means, if he wants to see ID, he can hold you until he does.
 
Playboypenguin
In most states...yes, you must present ID if it is requested by a police officer.
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I doubt that "most" states require it in a blanket manner such as you suggest. For example, if you are driving a car, then yes, you must present id. If you are walking down the street and an officer asks for your "papers please", then no, you are under no obligation to present your id, nor do you even need to identify yourself. If you are being detained for something, of which the officer has reason to detain you, then you must also identify yourself.

I know in Colorado, its a misdemeanor to not have any form of ID on you outside of your home.
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Doesn't that violate the constitution of the USA?:eek:
 
I doubt that "most" states require it in a blanket manner such as you suggest.
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Doubt it if you like but it is the law in nearly all states that you be able to identify yourself if asked to by law enforcement (at least any state that has vagrancy laws, which I believe is all 48 lower states). Some of the laws do not require actual ID but the do all allow officers to hold some one until ID can be confirmed if he has reason to doubt you...and like others have said, if he decides he wants it and you refuse it you will be telling your story to a judge who is unlikely to take your side.
 
DHS

with our ever present homeland security BS going on who know for sure what the Feds have on the book they are creating as we post. It seems that DHS has the ability to rationalise and legalise anything they wish to do. Under that guise I would not be surprised to find the police departments are authorise to ask for an ID to insure you are not a terrorist.


Besides is it legal for them to ask if you have a green card Pablo?
 
You know I can't imagine that you would have to show ID, unless driving, fishing, hunting or carrying. (There may be a few other exceptions.)

When I was 15, I had no ID. How are you required to show ID when you aren't required to have ID? If I didn't drive, have hobbies or carry, how would I show ID?
 
In Hiibel, petitioner Hiibel was arrested and convicted in a Nevada court for refusing to identify himself to a police officer during an investigative stop involving a reported assault. The officer had a reasonable suspicion to investigate Hiibel.

All that was required to legally demand ID was the fact that it was an investigative stop.

In Hiibel, the Supreme Court held that if there is a State statute that requires you to provide ID on demand, then you must provide it. The Court in Hiibel made the distinction between an officer doing an investigative stop (articulable reasonable suspicion) and an officer simply asking in a voluntary conversation.
 
I'd be willing to bet that there are a lot of the homeless out there without any ID. Would that make them all criminals?

Like wayne said, I didn't have any ID until I was old enough to drive.
 
Here is a wikipedia link that actually lists the laws by state. Stop and Identify statutes

Here is North Dakota's law.

29-29-21. Temporary questioning of persons in public places - Search for weapons.

A peace officer may stop any person abroad in a public place whom the officer reasonably suspects is committing, has committed, or is about to commit:
1. Any felony.
2. A misdemeanor relating to the possession of a concealed or dangerous weapon or
weapons.
3. Burglary or unlawful entry.
4. A violation of any provision relating to possession of marijuana or of narcotic,
hallucinogenic, depressant, or stimulant drugs.

The peace officer may demand of such person the person's name, address, and an explanation of the person's actions. When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that the officer is in danger of life or limb, the officer may search such person for a dangerous weapon. If the peace officer finds such a weapon or any
other thing, the possession of which may constitute a crime, the officer may take and keep it until the completion of the questioning, at which time the officer shall either return it, if lawfully possessed, or arrest such person.
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So legally, I do not have to produce ID, I simply have to verbally give him my name, address and explain what I am doing. It doesn't need to be anything complex. "Enjoying the day and getting some exercise." "Going shopping." "Going to work." and such would satisfy that legal requirement.

There is also the requirement on the part of the officer to justify the "reasonably suspects" part. If I am peeking into the windows of a house, that would be suspicious. If I am flying a kite in the park, it is gonna be hard for the officer to come up with some justification.
 
Here is a wikipedia link that actually lists the laws by state. Stop and Identify statutes
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Good reference, but remember...this does not tell the whole story. We did not have stop and identify laws in WV but we used various vagrancy laws to get the same effect. Make sure you know your states laws as best you can. :)
 
When I was 15, I had no ID. How are you required to show ID when you aren't required to have ID? If I didn't drive, have hobbies or carry, how would I show ID?
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In Va every kid at 15 (at least it used to be this way) got a "driving permitt", it allowed you to drive with licence driver 18 yrs or older. Most of the cops who patrolled are neighborhoods new all the kids because the also worked in or around around our local high school, one of the biggest in the country. They new the different clicks and what grades they were in, it made there jobs alot easier.
 
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