can a cop demand for an id with out reason?

Question

i got arrested for "refusing to show id"i asked the cop why i was being pulled over he failed to answer me numerous of times with my id in my hand and he asked if i was refusing to hand him my id . i said no i want know why i was stoped. i then got arrested and tookn to jail. they never told me my rights either.
the detective was on a side st. and seen me talkn to a friend i left down the rode he fallowed and stoped me. to me thats harrassing a citizen specialy when u dont or cant tell me why im being stopped! young guy drivn a 40,000 they thought they were gonna run my id find a warrant and find drugs.. thats another thing while i was in the paddy wagon they searched threw the car..he thought he was geting a good bust he ended up with nothing! waist of time and money.. i aslo was with someone in the car.

do i have anything with this. i got court on monday morning??

so your saying i have no right to know why i was stopped??? they dont have to tell me why i am being pulled over. he said i was refusing i was not id was in my hand i just wanted to know what the problem was.

and yes thats what im saying i didnt know what i was stoped ...he was hoping to catch a warrant. after i got out jail he wrote a phoney tickey sayin i failed to use my blinkers .

my main question is...we as citizens dont have a right to know why we were pulled over ?? just hand them the id without knowing what we did ?

as for puting me in jail without reading my rights there not supposed to do that also

i feel thats where your wrong we do have rights. being fallowed by a detectiveand stoped , a driver does not have a right to "ask" why they were stoped.
if cops just randomly start pulling people over in beverly hills stopping citzens just so they can check id for waarants that wouldnt be harrasssing ? u dont think there would be lawsuits to the city for cop harrasments.

he was also a detective and was way out of his relm to stop me for a traffic violation.

most cops let you know what you did wrong. and u hand them your id and u go about your way.

Answer 1

"No one is bound to obey an unconstitutional law...Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no offices, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it...and no courts are bound to enforce it." 16 Am Jur 2d 177.




free person who exercises and demands Rights and errant public servants who exceed the scope of their powers.

http://internettrash.com/users/frogfarm/fffaq.html

http://www.paperadvantage.org/

George Gordon's School of Law :George Gordon is the nation's foremost teacher of pro se courtroom strategy and procedure

http://www.georgegordon.net/Radio_Archives.htm Personal Identification - Part 1 of 5 July 2004


DRIVERS LICENSE VS RIGHT TO TRAVEL

http://www.apfn.org/apfn/travel.htm

CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

CASE #2: "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.

CASE #3: "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

CASE #4: "The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.


http://www.lawyerdude.8m.com/

cops forget (the contract) thay swear to up hold there oath of office.
protected under the U.S Constitution

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.

Answer 2

You are not going to like my answer, but you were wrong not to surrender your ID. To answer the question as you wrote it, "Can a cop demand id without a reason?" the answer would be no. But, as you elaborate with your story, you were pulled over (driving). The law states that when driving, you must surrender your driver's license when requested by a police officer. Therefore, he did have a reason and he is not required to explain to you why he is requesting it until you surrender it. Failure to do so, is a misdemeanor, an arrestable offense.

In regards to the statement, I was never read my rights. You are watching too much TV. An officer is not required to read you your rights unless you are in custody and being questioned.

Lastly, there are many laws related to search and seizure that would take too much time to cover. Once he arrested you, he has the right to impound the vehicle and therefore is required to search the vehicle.

Probably if you had gone with the program, answered the officer politely and complied with the state law, you would not have been arrested and quite possibly not even ticketed.
The police hold all the cards at this point and you will not win. Police today are better trained and educated than many years ago and they are doing a job that most people would not do for average pay. Grow up, knock off the attitude and take responsibility for your actions.

Answer 3

It honestly depends. More often than not, the answer is that you do not have to provide ID. The police can conduct what is called a "common law right of inquiry", which is just come up to you and ask you what your name is. You don't have to say anything. They can ask you for your ID and you can say no. Now lets say you did something that was a summonsable offence. (Littering) The officer can write you a ticket and now he can demand you show him ID. If you say no or that you don't have it, the officer can then arrest you and bring you to the stationhouse to determine your identity. Once it is determined, they can then check to see if you have any warrants on you. If you check out, they can then issue you your citation and release you. Now about you looking "suspicious", there are no rules set in stone. It is up to the officer to articulate why you were suspicious. (Looked like someone they were chasing, acting erratically, etc) At this point, they can "frisk" you, not "search" you, which is two entirely different things. A FRISK is when the police pat the outside of your clothing to ensure you don't have a weapon. A SEARCH is done when you are placed under arrest. Then they can search inside of your pockets. If you were walking the opposite direction of a robbery and you fit that description, the police could stop you, detain you, and frisk you. (Detain means you are not under arrest BUT you can't leave either.)

Answer 4

Dude - you must be kinda young.
Sooner or later you'll learn - Cops can (and do) do pretty much whatever they want to do. I completely understand where you're coming from, but that cop can say he was pulling you over because you didn't use a signal - or anything he wants to say. Cops always get the benefit of the doubt in court. What you did though is a true offense - you were uncooprative with an officer of the law.
Next time, if you're not doing anything wrong, just do what they say, say "yes sir" a bunch of times and things will go much smoother.

Answer 5

Had you handed over your id, he would have told you then.
A Police Officer can request/demand an id at any time. You refused and got busted. How'd that work out for you?
Be sure and take your attitude with you to court. The Judge will be very immpressed I'm sure.

Do you have anything with this?

Yeah.
An arrest record.

Btw, unless he's doing a custodial interview with you...he doesn't have to read you your rights. What you got busted for isn't something anyone needs to question you about. Now go hire yourself a REALLY expensive lawyer to defend you, so you can pay them as well as the Court.

Answer 6

There was a time when a cop could NOT demand ID but I'm afraid those days are gone. I doubt that it's constitutional but many municipalities now allow it. And you can see by the answers it's just accepted by most people because they have no idea it was once a right. Sometimes the cop does have to show cause, but that is pretty easy. Do some internet reseach about your area. Search for: ID laws, your state or city, to start.

Good luck

Answer 7

I am not clear on what exactly happened as for the reasoning of the stop, however, yes the police can request for your ID. During a traffic stop, if you refuse to give any ID to the police you can and mostly likely will be arrested for obstruction or a similar charge depending on the state.

They don't have to read you your rights unless they are questioning you.

Answer 8

If you're stopped by a Police Officer and he asks for I.D., you have to give it to him/her, especially if you're driving a vehicle when you were stopped. He cannot take I.D. from you, he can only request it and you have to give it to him. Refusing to provide your I.D. opened the doors to a search of you, your vehicle and arrest. It's a lawful order, and if you don't obey, you pay. The judge won't listen to all your suspicions, and will rule on whether he thinks you violated the law. Put your grudge on the table when you go to court, and maybe you'll only get a hand slap.

Answer 9

If you were driving, you can be required to show a driver's license. There is nothing wrong there. If you were arrested, you should have been told what you were arrested for and there should be some charge, listed somewhere. You mau have been arrested for resisting arrest, as silly as that sounds. Refusing to show your license could be constured as a suspicious act. If you have a witness, bring them along to help corroborate your story.

Answer 10

I'm sure your leaving out the important facts about your "story". You got arrested for the traffic stop and for being an idiot.