A police stops me and ask me if i am ok. than ask me for my ID and to search me . Do i have the right to say no,to the search and not to provide my ID .I am not on parole or probation.
2007-06-25 03:05:55 · 11 answers · asked by victoria j 1 in Politics & Government ➔ Law Enforcement & Police
You do have to provide Identification, but you do not have to allow them to search. Depending on your demeanor, they may conduct a pat down, but that does not allow them to enter into your pocket, just pat you down for weapons. Good Luck.
2007-06-25 03:23:17 · answer #1 · answered by ARCop 3 · 1⤊ 1⤋
Different versions of this question get asked a lot. I will give you the statute for providing identification in AZ as that was where I worked.
13-2412. Refusing to provide truthful name when lawfully detained; classification
A. It is unlawful for a person, after being advised that the person's refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer.
B. A person who violates this section is guilty of a class 2 misdemeanor.
IF a police officer has probable cause to detain you AND decides to do a "pat down of the outer garments" to search for weapons this is known as a Terry Stop. An officer cannot just randomly stop people and detain them, there must be probable cause. Next time ask if you are being detained, if they say yes then give your name and if they say no then continue on your way. Just remember, I only know AZ law and your state may have different standards. These standards will not vary much as the Supreme Court has ruled on the legality of most of these issues.
If you haven't done anything then realize that you may have been stopped for a reason. You may have been stopped because you fit the general description of someone they are looking for. If that is the case then try to be helpful so they can move on to finding the right person.
2007-06-25 11:02:42 · answer #2 · answered by Smartassus 3 · 0⤊ 0⤋
With the information you provided, yes this can actually occur. The officer would have to make a case for the hole search, but this can be done out of safety. Its in general called a pat down or Terry Stop(frisk). The officer can have reasonable suspicion to conduct a stop of you at 11:00 pm. The US Supreme Court has ruled that you are not allowed to refuse to give information to an officer if asked in the scoop of the law. There are a lot of variables to this incident and you need to add more info. Situation dictated what happens.
2007-06-25 11:34:23 · answer #3 · answered by Lamont T 2 · 0⤊ 0⤋
I do believe they can stop and ask for an ID. As for the search, it is a tricky thing. There have been plenty of cases tossed out because the police officer could not present a valid cause for searching a person. Whatever evidence was obtained in those searches became inadmissible. However, if you are walking around at 11 PM and it is unusual (lets say you are wandering around an industrial area or some other place that does not have people wandering around at 11 PM) then they would have probably cause for that search. Your activity would be considered unusual and you could be searched.
Now lets say that the police show up to a movie theater at 11 PM and start picking people out and searching them, then more than likely, whatever evidence they find could not be used in court and would become useless. The people were not doing anything unusual and their activity did not warrent a search.
2007-06-25 10:15:38 · answer #4 · answered by A.Mercer 7 · 0⤊ 1⤋
You didn't provide enough information. In the US, the police can detain you if they have "probable cause". In other words, they observed something that perhaps a crime had been committed or was about to be.That's why they stop people swerving in their car. They observe an action that gives them probable cause that the driver is driving under the influence. Illegal searches are just that, illegal. But if the cop is concerned about you're having a weapon that may be of danger to himself or others, the search is not illegal. Without hearing the cop's version of the story it's impossible to fully answer your question. But if you are charged with something, that's what the courts are for.
2007-06-25 10:15:46 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You must provide identification. You may not consent to a search, but it will look bad in the eyes of the officer especially if there had been a crime in the area and you hold some resemblance to the perpetrator.
2007-06-25 10:26:22 · answer #6 · answered by Robert S 6 · 0⤊ 0⤋
you do have the right not to be searched. If you have ID it is better to provide it. If the police think you are a suspicious person they can stop you and as a matter of course search your person for weapons (standard procedure) before proceding with a few questions.
2007-06-25 10:16:31 · answer #7 · answered by kerfitz 6 · 0⤊ 1⤋
You have the right to say no.
However, if you have evoked suspicion, you do not have the right to say no, and they're not going to go away without an answer.
Walking down the street at 11:00 PM would evoke suspicion, as far as I'm concerned - I would be thinking, burglar? robber? thief? killer? stalker?
Be aware of your local ordinances. There are curfews based on age in some jurisdictions.
2007-06-25 12:41:27 · answer #8 · answered by Chris H 3 · 0⤊ 0⤋
Anytime a police officer asks you for ID is is required by law that you show it to them in fact in most states it is against the law to leave your home without proper identification.
2007-06-25 12:11:07 · answer #9 · answered by Maureen B 5 · 0⤊ 0⤋
Is there a curfew law? Or you may have matched the description of a suspect they were looking for. Why not give them your ID?
2007-06-25 10:11:37 · answer #10 · answered by guess 5 · 2⤊ 0⤋