Can A Police Officer Take State ID?

Question

It's illegal to be over the age of 18 and not posess state ID. Is it legal for a police offer who makes an arrest to take the subjects ID and not return it at all? I know they can to drunk drivers, but i'm not talking about a license, just a state ID, something required when an adult is out and about. And I also don't mean take it and turn it in at his work, I mean take the state ID, and never turn it into property at the Police Dept.

Since I can't post an answer in response. Yes, it's infact illegal where i'm from to not have state ID to prove who you are if you're over the age of 18. I've had police officers tell me that themselves, and they can lock you up for up to 72 hours for it aswell.

But i'm going to rephrase the question a bit down here. Is it legal for a police officer to posess your state ID, not return it, and then tell you to go buy a new one? ( That's the situation)

And another little detail, on the last answer, that theory was already put into play and didn't work at all.

Answer 1

ABSOLUTELY

Answer 2

Yes, they can indeed seize the ID. In most cases you can get it back because they just plain forget to give it back. However, if they seized it for a reason (such as thinking it is fake) then you are just out of luck. No, it is not illegal to be 18 or older and not have ID. It's a dumb thing to do. But, it isn't illegal.

Answer 3

If they feel it is fraudulent or tampered with they can seize it but most times you would be getting a ticket or going to jail because of it. To take it and keep it without formal charging or a formal explanation on why it's being kept is wrong. The way you word your question leads me to believe there was alcohol involved somehow. You might want to eat crow and go buy a new one.

Answer 4

It seems to me that the officer thought it was a forgery or illegal. You should be able to go to the local police station and ask for it back. He should not be able to personally keep it. It is evidence, forgery or not and should be with your file. You sould have the officer's name or badge number. If not, he could have been impersonating an officer. In which case you should report that.

Answer 5

It is utterly shameful to see so many Americans so utterly ignorant of their rights under the law. WTF happened to you people? NO YOU DON'T have to comply with a request from a cop to stop & give ID in Texas if you're just walking down the street minding your own business. Cops cannot legally detain or arrest anyone in Texas for refusing to comply with an unconstitutional stop & request for ID. If you're stopped by police then ask "am I being detained or arrested?" if they say no then say nothing further to them & just leave the area immediately as they have no right to detain you without cause. Texas law states that you only have to identify yourself if you are arrested. Even when you are lawfully detained you are under no legal obligation to identify yourself for any reason. Some people will say that there is no reason to refuse compliance under any circumstance, either out of complete ignorance or out of some idiotic & misguided notion that cooperation with any & all police requests is not only reasonable but a moral obligation that all should observe. They could not be more wrong. Refusing to comply with unconstitutional demands is one of the only ways that we can tell the police & the government that we will not give away our rights so freely. They know full well the law, what they can & cannot do & what our rights are yet they most willingly exploit the wilful ignorance of those who refuse to educate themselves regarding their constitutional rights. It's shameful conduct & most deserving of dissent & opposition Only we are truly able to hold the police to account for their actions & we are only able to do so when we ourselves are armed with the knowledge of our rights under the constitution & the law. Refuse to comply & refuse to be ignorant any longer. Please, educate yourselves & your children people because no one else will do it for you.