Can police ask for everyone's ID in a traffic stop?
sorry you felt violated but yes it is perfectly legit for an officer to ask for all ID of each person in a vehicle. sure you may in high standing in your community but the officer most likely doesnt know you from the druggie that he had to fight the day before. if that wa your escalade in the possession of four people that had just stolen it from your house wouldnt you like to know that the office checked everyones ID. as for a second unit showing up it is also a common pratice to pull up and wait with a fellow officer if you come across him or her on a traffic stop by themself. dont take it personally and if you are in a hurry leave for your destination sooner. :) traffic stops are dangerous for police and they are cautious when doing them. after all it was a brake light and a traffic stop that caught serial killer ted bundy. and no the police cant tell if you are a business owner or not when they check your license. not that it would matter the law applies to everyone, even business owners.
Terry v Ohio and its progeny answer this question well...as does Mr. Bohrer's answer. There need be no basis for a mere encounter and you must have probable cause to arrest.....everything in between is reasonable suspicion -a clear and articulable set of facts which establish a crime was or is about to be committed and that you have something to do with it. Generally speaking Ask you to stop....mere encounterOrder you to stop (but its said not shouter)....mere encounter but likely to be an investigatory stop (Terry stop)Ask for ID after ordering you to stop (authoritative order)....investigatory stopPat you down for weapons after stopping you/ordering you to stop.....investigatory stop.Cuff you....likely custodial stop/arrestPut you in back of car once you have been cuffed......custodial Confusing isn't it.....If you don't know, ask "Am I free to go or am I being detained?" Repeat until you get a yes (then leave) or a no (then ask for a lawyer and shut up)
If you have been named as a suspect in a reported offense, at some point whoever is investigating will contact you. The contact may be via phone call, a business card left on your car or home door. Or if the investigator thinks they have everything they need already, they may just get an arrest warrant and come get you at home or work. Generally, when it was a crime against a person, I got the warrant and tried to arrest the suspect to get them in custody and off the street as soon as possible. If it was a property crime, I may or may not try to contact the suspect to see if they want to give me their side of the story. Every offense is different.Now if person is a suspect in an ongoing drug, gang, or other continuing criminal enterprise investigation they may never be told they are being investigated. The first they will usually know is when they get handcuffed.Basically if you are not a gang member or associate, a drug seller / user or someone who associates with these people, or a criminal, YOU ARE PROBABLY NOT BEING INVESTIGATED. If you fall into one of the categories of people I listed, you might be under investigation right now, and there is no way to know it, or force the officers investigating to tell you. A freedom of information act or open records request will garner you nothing because law enforcement does have to give up information on ongoing investigations.I hope this helps.
Are you willing to show a police officer your ID?
Geez, in LA harbor they seize cargo containers full of illegal Chinese every once and a while. Imagine what's not discovered..... Your license isn't legal proof of citizenship. You have to provide a birth certificate or passport if a citizen and a greencard, if not. The problem has nothing to do with illegals. The problem is that just like southerners have southern accents, upper mid-westerners have their accents, Massachusetts has it's "Back-bay" and "Bahston" accents and, Lord knows, New York City has a whole bunch of accents, here in the southwest, depending on where you grew up, you're going to have a western-Spanish accent. Why should these US citizens have their 4th Amendment rights tossed away because of not only how they look but because of how they speak? I'd turn into a lunatic if anyone let alone someone in authority questioned my citizenship.
When Do You Have to Show Cops ID?
What the United States Supreme Court held in Hiibel v. Sixth Judicial Dist. Court (2004) 542 U.S. 177, was that a state could make it a crime for a person to identify himself when lawfully detained for criminal activity. Note that the Supreme Court did NOT say that any kind of identification papers could be required, nor did they say that police officers could ordinarily arrest someone for refusing to identify himself absent a state law permitting that arrest. There is no law in the United States requiring everybody to carry ID, at least not yet. (If there were, transtime might have a point.) There is NO law in California making it illegal for anyone (even someone lawfully detained) to fail to have identification papers or to refuse to identify himself. Thus, Hiibel is of no effect in California, since there is no comparable law there. (It is, however, a crime to give a FALSE identification.) The only effect of not having ID occurs if a police officer has probable cause to believe an arrestee has committed a criminal offense. A police officer who could otherwise give an arrestee a citation to appear would instead take the person in custody to appear before a magistrate. Of course, one must have identification in his or her possession when driving, and a police officer obviously can demand to see a drivers license from any driver lawfully detained. Given the driver's age, it was probably reasonable for the officer to suspect he was driving in violation of the terms of his provisional license, and to demand to see his license. On the other hand, I don't see any basis for detaining the passenger, nor for any DEMAND to see the passenger's identification, but a police officer can request any citizen to do anything voluntarily, including show identification. But any police officer in California who arrested someone SOLELY because they did not provide identification had better alert his department to the coming false arrest suit.
A cop can do whatever he wants. The question is he or she committing a crime by doing so. The answer is yes. In all states individuals have a RIGHT to not self incriminate. In the fed, government is reminded on this in the 5th amendment to the constitution. You would have to look at the individual state constitution but its there. And since there possibly is incriminating evidence on an id you cannot be compelled to waive your right to silence.Now when placed under arrest you must disclose your name birthdate and current address. But there is nothing in law that can make tou hand a pie e of paper or plastic to do so. Cops. Are committing aggravated assault among other crimes when coercing an arrested individual to disclose more than their right to remain silence.
Am I required to show my ID to police in Georgia?
I have to preference this by saying I am not giving any legal advice. I am just posting the Georgia Code. You can read and decide for yourself Under 16-11-36. Loitering or prowling (a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (b) Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Code section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.
Yes. Driving on the public roadways in every jurisdiction is a privilege, not a right, a privilege granted by the state provided you meet certain requirements. One of those requirements is that you possess a valid driver's licence and have it with you at all times.This is of course assuming you are the driver. If you are a passenger under normal circumstances you would not be asked for ID. However if there is a reason the officer may ask for an ID and it is usually easier for everyone if you comply. You may have no idea what the officer's reason is but the officer does have a reason and will probably not want to tell exactly what they are suspicious of or who they are looking for. More often than not your ID will confirm that you are not the droids they are looking for and you will be sent on your way.
As others have noted, the police can use your ID to find out if you have warrants out for your arrests, prior criminal record, prior driving history, expiration dates, immigration/citizenship status, etc.BUT, it’s also important to note that while this is all true, citizens are not required by law or statute to carry ID on their person in public spaces, except when engaging in certain behaviors such as operating a motor vehicle (car, boat, etc.), buying liquor, entering a secure area, crossing a border, voting, etc.In such situations, you are, however, required to give the police accurate identifiable information upon request such as your full name and address in certain circumstances. This is true especially when there is sufficient reasonable (articulable) suspicion that you are involved in criminal activity, or when there is probable cause to believe that you have committed or are about to commit a crime. Brown v. Texas, 443 U.S. 47 (1979).Since the police need to be able to identify you for public safety reasons, and because you are also not required to carry an ID on your person, you cannot lie or refuse to provide the police your identifiable information upon their request (based on your jurisdiction). During a detention or “Terry Stop” you may even be asked to provide additional information not commonly found on a state-issued ID (due to “stop and identify” legislation in some state jurisdictions).In general, the best practice is to just carry a state-issued ID card on you whenever you venture out into public spaces so that you can properly (and expeditiously) identify yourself upon request by an officer of the law. If you don’t drive, you can still obtain a simple state-issued identification card (different from a license) from your local Secretary of State Office that looks almost exactly like a driver’s license. And if you do forget to take your ID with you when you leave the house, and are stopped by police, you won’t be in trouble so long as you tell them the truth regarding your identity. That way they can run your information, and you can be on your way.