technically, there is no law requiring you to always carry identification in California.
It goes without saying that you need a driver's license, the main form of identification, to drive.
Nevertheless, some police officers, when stopping a suspicious pedestrian who has no identification, have used California Penal Code Section 148 (a) (1), under the theory that the person who is unable to provide identification is willfully resisting, delaying, or obstructing a peace officer. This is a jailable offence. Then, because the suspect does not have proper ID, he is considered a transient and not eligible for own recognisance release. If the suspect does not have the required amount of cash money ($50.00) at the time of arrest, the suspect will be cited for also violating Section 647(g) of the California Penal Code, for being a vagrant "Without visible means of support and/or sufficient funds to support a legal lifestyle".
In short, it is a good idea to have some form of identification in California, to prevent mistaken identity by police and harrassment.
2006-11-22 07:49:37
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answer #1
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answered by Jack C 5
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If you are in California, go the the nearest library and ask there, or call and ask the police department. Carrying identifications with you are contingent on whatever business or actions you will be undergoing. For example, you must carry a valid driver's license with you if you are driving. You must carry a photo ID if you are buying cigarret or liquor, unless you obviously look older than 20 years old. If you plan on traveling by air, you need ID. If I am not mistaken, California has an ID issuing if you don't qualify for a driver's license.
2006-11-22 07:38:07
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answer #2
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answered by me_worry? 4
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There is no law for just carrying you ID with you. There is, however, a law that says you must carry your driver's license on you when driving. It's CA vehicle code 12951(a).
If you have no ID when driving and no other means of identifying your are available, you can be arrested for something as simple as speeding under CA vehicle code 40302. The reasoning behind that is that a ticket is a promise to appear in court. If I don't know who is promising to appear, than you have to come to the jail and wait. (Same thing would happen if you refused to sign a ticket.)
I don't know what the poster above me is talking about. You cannot arrest someone for 148(a) for not being able to ID someone. If I have some reasonable suspicion that someone is not telling me their true name when I have them legally detained, I might arrest them for CA penal code 148.9(a), which is provided a false name.
As for 647(g), that is not what it reads. It is an administrative/authority section detailing what can be done with a subject who as been arrested for "drunk in public".
2006-11-22 07:57:58
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answer #3
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answered by gunsandammoatwork 6
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I've always heard there was a law to always have a state ID on your person in CA, but I never researched it.
Check the CCR (California Code of Regulations online).
2006-11-22 11:53:17
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answer #4
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answered by Anonymous
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via regulation, interior the U.S., you won't be in a position to be stated or arrested for now not being in possesion of id, yet we (I reference the regulation enforcement community) can detain all and sundry till advantageous fingerprint id from the FBI and NCIC would nicely be acquired, regardless whilst you're being charged or investigated for something. that's an rather reliable thought, even in Canada, to pay the small value for an id card, because of the fact, in my own opinion, the international is coming to a "Hitler-like" regime, the place id would be required.
2016-12-17 14:38:58
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answer #5
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answered by Erika 4
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It is not required that you carry ID but if you want an ID card you can get one from the DMV.
2006-11-22 07:38:32
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answer #6
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answered by lover_of_paints_&_quarter_horses 4
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There is no law requiring you to carry identification, however, eventually there will be a National I.D. card and you had better resist it.
2006-11-22 07:37:31
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answer #7
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answered by Anthony M 4
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