Soooooooo I met this guy and he told me that he was arrested in NY for not having his ID on him while he sat on his grandfather's porch. He said that the police officers could walk up to you, ask you for your ID, and if you don't have it on you they can take you downtown. Is this true? Anybody know for sure? Does it just apply to certain places? I've never heard of this before but I thought about it relative to something else I've heard about. Just want to know if anyone else has had this experience or something similar.
2006-07-10 06:35:35 · 11 answers · asked by Afrodite 2 in Politics & Government ➔ Law Enforcement & Police
Most likely there's a misunderstanding here.
No, you do not have to have an ID card, and no, you dont have to keep it on you.
You do however, have to identify yourself to a police officer. It's what's known as a "Terry Stop" (named after one of the parties in the case). A police officer can, under certian conditions, stop and ask you to identify yourself, ask what you're doing, where you're going, those sorts of things. It's not an arrest, but you aren't free to leave either.
Most likely the guy was arrested for failure to ID. This is different from failure to HAVE ID. If the police officer came up to him and asked his name, and the guy responded with "F*** off, pig", then yea, he's going to get arrested for failure to ID. If he tells the officer who he is, his birthdate, and other relevant information, then it doesn't matter if he doesn't have a drivers license or other information on him- that's sufficient to identify yourself.
2006-07-10 08:18:00 · answer #1 · answered by Anonymous · 4⤊ 0⤋
First, I suspect there is something missing from his story. The police have better things to do then walk around and ask random people for ID.
With that said, their were a number of anti-vagrancy laws passed that required people to carry valid ID at all times. These laws are almost all city ordinances and many have been thrown out in court as unconstitutional.
More common is a charge of failure to identify or hindering an investigation. If a police officer asks for your name and other identifying information, refusing to provide the information or providing false information will land you in jail.
2006-07-10 13:40:55 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
It's sad but yes it's been known to happen. I can say that where I live I have seen things that blow my mind. I know that when I lived across town that every time my husband was outside working on the car or sitting on the porch the police would roll up and ask to see his I.D. he had it I am not sure what would happen if he didn't. They never asked for mine and I called the police department and complained. I would guess that this guy is African American as is my husband. We have a long way to go to see change.
2006-07-10 14:05:17 · answer #3 · answered by twinsmakesfive 4 · 0⤊ 0⤋
Well I don't know if it's all true. C'mon, he was on his grandfathers porch wich is not a public place. I'm from NY and you have to have ID or Money on you or it is considered loitering, you will not get arrested unless you start talkin smack to the police.
2006-07-10 13:42:52 · answer #4 · answered by Spiritual Warrior 2 · 0⤊ 0⤋
It is true, though they don't usually randomly pick someone to do this to. The reasoning behind some of it usually stems from an incident the police are dealing with and if the person has no I.D. then they do this to run a warrants check on them.
2006-07-10 13:56:47 · answer #5 · answered by merlinsdragonfire 3 · 0⤊ 0⤋
They can arrest you for not having an ID in public. I am not certain that law applies to a person on private property.
2006-07-10 13:42:09 · answer #6 · answered by ceprn 6 · 0⤊ 0⤋
There is no way police can arrest you for not having an ID on your person. This is america.
2006-07-10 13:41:05 · answer #7 · answered by kekeke 5 · 0⤊ 0⤋
There was a Supreme Court case about a year ago in which the same thing happened.
2006-07-10 13:40:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
YEAH IF YOUR 18 OR OLDER YOU HAVE TO KEEP ID ON YOU IF NOT SOME COPS NOT ALL WILL ARREST YOU
2006-07-10 13:40:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Its true, but its a local law
2006-07-10 13:39:45 · answer #10 · answered by thunder2sys 7 · 0⤊ 0⤋