When Do You Have to Show Cops ID?

Question

I was driving with my friend and we pulled into a parking space. We both exited the car and a cop car pulled up behind us and then they got out and asked where we were going, we responded to check the surf. They said they had heard that 100 times that night and that no there was no party going on at the beach. Then he asked to see our ID's. My friend who was driving gave the cop his and was written a ticket for driving with someone even though his license was provisional (In CA for first year after getting license you can't drive with anybody in the car). Then the cop asked for mine, I asked why and he said because I was in the car. We are both 17 and in California. Because we were no longer in the car do we still have to turn over our ID's?

This happened before 11:00 so curfew wasn't an issue. We weren't pulled over.... We pulled into a parking spot, got out of the car, and then a cop car pulled up behind us.

Answer 1

Yes, if a cop asked for identification, you must show your ID, period! (USA) If not you will be arrested, the U.S. Supreme Court has ruled you have no right to privacy under these circumstances.



Oh, and if you think this is so harsh, the USA has some of the MOST liberal laws in the world. Most counties have no 4th amendment requirements. In most counties that follow the Napoleonic Code tradition (much of Europe), you are guilty unless you prove your innocent, no search warrants needed, no right to remain silent……

Answer 2

Whenever they ask for it. I had something kind of similar happen to me when I was a minor. An ex-girlfriend of someone I was with called the cops and said that we were drinking and driving. We pulled into a gas station and went to go in. The cops pulled in behind us and started asking us questions. If you have nothing to hide then it only takes a few seconds to show id and get the whole thing over with.

Answer 3

there is not any regulation everywhere interior the Unites States that announces you ought to get carry of state-issued id in basic terms because you're alive. There are for sure some jurisdictions (Nevada is one) that have the criminal properly suited to call for you perceive your self below particular situations, yet that properly suited would not translate right into a call for for state-issued id, in basic terms which you perceive your self and which would be accomplished verbally. That pronounced, you're at a downside while a regulation enforcement officer asks you for id because you haven't any longer any way of understanding no rely if or no longer they have the criminal properly suited to require you perceive your self. Refusal ought to land you in handcuffs assuming they have the properly suited to call for it. regardless of in the event that they do no longer, refusing to perceive your self is a valuable thank you to arouse suspicion in a cop's strategies and which could bring about any sort of unlucky situations. i'm no longer a brilliant recommend of doing something in basic terms because of the fact the police ask you to do it or as a results of old "why would not you in case you haven't any longer something to cover?" mentality yet it particularly is one in all those circumstances the place you probably ought to easily go alongside with the plan and get the come across over with in the present day and painlessly.

Answer 4

What the United States Supreme Court held in Hiibel v. Sixth Judicial Dist. Court (2004) 542 U.S. 177, was that a state could make it a crime for a person to identify himself when lawfully detained for criminal activity. Note that the Supreme Court did NOT say that any kind of identification papers could be required, nor did they say that police officers could ordinarily arrest someone for refusing to identify himself absent a state law permitting that arrest. There is no law in the United States requiring everybody to carry ID, at least not yet. (If there were, transtime might have a point.)

There is NO law in California making it illegal for anyone (even someone lawfully detained) to fail to have identification papers or to refuse to identify himself. Thus, Hiibel is of no effect in California, since there is no comparable law there. (It is, however, a crime to give a FALSE identification.) The only effect of not having ID occurs if a police officer has probable cause to believe an arrestee has committed a criminal offense. A police officer who could otherwise give an arrestee a citation to appear would instead take the person in custody to appear before a magistrate.

Of course, one must have identification in his or her possession when driving, and a police officer obviously can demand to see a drivers license from any driver lawfully detained. Given the driver's age, it was probably reasonable for the officer to suspect he was driving in violation of the terms of his provisional license, and to demand to see his license.

On the other hand, I don't see any basis for detaining the passenger, nor for any DEMAND to see the passenger's identification, but a police officer can request any citizen to do anything voluntarily, including show identification. But any police officer in California who arrested someone SOLELY because they did not provide identification had better alert his department to the coming false arrest suit.

Answer 5

Cops can ask you for your ID if they have reasonable grounds to suspect you of doing something wrong. In your case, since your friend was driving illegally, they probably need to put the name and date of birth of the person he was driving on the ticket (so that if he tells the judge he was driving someone over 20, they can call you in).

Whether you're in the car or not has nothing to do with it.

Answer 6

Im pretty sure you have to. I was in the car while my friend got pulled over for a speeding ticket. They asked for my ID and I did not have it bec I wasnt driving. They asked me a ton of questions and went to pull my info. Then when they got back they also asked me my past addresses to prove I was who I said I was. Nothing happened I think they just need to prove who you are.

Answer 7

Yes you must show ID. If you refuse, I'll arrest you. Don't worry though, I am fully aware of your 4th amendment rights and will uphold them. If I tell you to come hear, stop, anything like that, I am detaining you. I have the right to demand ID at this point. If you need a simple test to find out whether or not you are required to ID yourself, ask the officer if you are free to leave. If he says no, you are detained and better answer any questions or provide whatever the officer wants. If he says yes, you are not detained and have no obligation to provide information.

Answer 8

If there's a curfew on people who are younger than a certain age then they can pull your ID if you appear younger than you are...

Don't know if that's the case here or not. Otherwise, you shouldn't be required to give them your ID unless they provide you with a reason as to why they're questioning your identity or if they're claiming you committed some kind of traffic violation (though I guess in this case you did, driving with passengers with a provisional license). Which does sound like BS but that's just the way it works.

And don't blame the country for one uptight cop, hot damn. I'll agree what he did was a lame move but no reason to go all anarchy on us just because one new guy decides it's important to keep all traffic violators in check, even if it's for the stupidest thing.

Answer 9

Bottom line: whether or not it is legal to do so; if a cop asks for your I.D. it is best to co-operate.
These guys have complete control over you when you're in a situation like you described. There is no way to win against a cop who gets pissed at you! These guys could easily decide to haul your butt in if you give them trouble, or worse.
I know it isn't right, but they have all the power in these situations.

Answer 10

Yes, you are required to produce ID when asked by any police officer. If you refuse, they can take you to jail for failure to provide ID. The law applies to everyone, not just you and your bud, so deal with it.

Where did you get the idea that simply because you got out of the car that the requirement to provide ID would change? Do you think that if a bank robber walks out of a bank and puts his gun down on the ground, he's no longer wanted for bank robbery?

Answer 11

Its the law to have identification on you at all times past age 16 in most states . . . also if the person driving gets written up or arrested they always check passengers too to make sure you are obeying the law, since your friend wasnt. First time pulled over im guessing?