Are you required by law to carry an identification card?

Question

A coworker of mine mentioned today that there is no law on the books that require that you to have an identification card of some kind on you in California. He went on to add that if a police officer asks you for ID that you can refuse and that he has to get a "bench warrant" to proceed further, or let you go. This guy is notorious for suggesting such things (not to mention, the source of all sorts of conspiracy theories/urban legends that are true/etc.).

Does anyone know if this is true and, if so, where I could find it online to shut this guy up?

Thanks in advance.

Answer 1

First, what the United States Supreme Court said. 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 refuse to identify himself (i.e., tell the officer his name and address) 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.

There is NO law in California requiring anybody to carry identification. There is no law making it illegal for anyone (even someone lawfully detained) to fail to have identification papers or to refuse to identify himself (there was such a law, which was declared unconstitutional). 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.)

A person CANNOT be arrested just for failing to identify himself or failing to have ID, even with a lawful detention. It is NOT interfering with an officer. 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 into custody to appear before a magistrate. But this is ONLY if the officer has probable cause to believe the person has committed a crime--NOT just because the person did not have ID.

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.

Answer 2

I don't believe it's legal for a state to require citizens to carry ID. Up to just a few years ago, it was illegal for a cop to stop you on the street and ask for ID unless he had a very good reason. But with the War on Drugs, and now the War on Terrorism, police and government have much more power, and I've always thought this was the whole real purpose of these 'wars'. If you're driving a car, that's different, you have to have a driver's license and you're supposed to have it on you. And because a driver's license is so useful to show ID (to cash a check, for instance, or use a credit card) you can get an ID card from the Department of Motor Vehicles that is like a driver's license in every way except that you can't use it to drive. But there is no requirement -yet- that one has to carry ID with him at all times just in case a cop or other officer of the government asks for it. You do have to tell them your name and address if they ask. And if you lied, I suppose you could get into trouble. When the Social Security Act was passed in the 1930s, conservatives were against it, claiming that the SS card would become a national ID card! Language was put into the law to ban the use of SS numbers for anything but SS. But today your SS number is used for your military service ID, your bank account no., your student ID in college, etc. etc. The next PATRIOT Act was supposed to bring about a federal ID card. I have heard of it but I haven't seen it yet.

Answer 3

No your not required to carry an id on you person. But yes if a law enforcement officer stops you for a valid reason you ARE required by law to give him your name and date of birth in California. Don't take advise from a defense attorney. hiibel vs sixth is still a valid whether he believes it or not.

Answer 4

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No, you are not required to carry ID in any state, unless you are doing something that requires one (such as driving). However, it is in your best interest to carry it. If you do not, and you are suspected of something, police have the authority to detain you until they can determine who you are. For example, if you get caught jaywalking, and you have ID, you can sign your ticket and be on your way, but if you don't, you are going to get taken to the police station.

Answer 5

NO ! ! ! The Government and law enFORCEment agencies want you to believe that nonsense! Unless police have PROBABLE CAUSE to believe that a crime has been, or is being committed, they DO NOT have the authority to demand identification. As far as traffic stops, the key term here is DRIVING...Most people are not technically "driving", but merely "traveling" on their roadways. "Driving" is a term used in commerce. You do, in fact, need a driver's license ONLY if you are driving in commerce. I hope that some of you "sheeple " will not just listen to me, or anyone else for that matter, but to look it up for yourself. Black's Law Dictionary is a good place to start. I used to be terrified as well...until I did the research...now I understand that as an American, NO ONE can unjustly deny our freedom to life and LIBERTY! Stop being so afraid of police officers...remember that they are YOUR public servants...not the other way around

Answer 6

I never carry my id with me unless i am driving, you don't have to carry id on you unless your driving ,and the cops no this, they just assume that you don't know this law.

Answer 7

The guy is tecnically correct, if you're not driving a vehicle, there is no law that says you have to show ID to a police officer, but it takes a brave person to stand up for their legal rights when dealing with the police.

Why would a police officer be asking you for identification, that implies they are investigating suspicious curcumstances. If the police want to, they can do things to you that you aren't going to like, like arrest you (as refusing to show ID looks suspicious) and keep you for up to 24 hours without charge and let you go again and there isn't a lot you can do about it. They could even find something to charge you with and even if you are innocent, you will have to pay for you own lawyer, or have some court appointed rookie just out of law school represent you.

Also if you are driving a vehicle, you are required to show a police officer your licence when requested.

Answer 8

in california do i have to have my id on my person at all times when im in a bar

Answer 9

Well, he's part right. You aren't required to carry an ID. But failure to provide identification to a police officer can be considered interfering with the officer's performance of their duties, which can get you in trouble. The Supreme Court said that withholding ID from a police officer is not a protected activity under the 1st Amendment.

Answer 10

If you are asked by law enforcement for an ID, they have a reason. If you refuse to show it, they can (and sometimes will) take you downtown until you can provide an ID or proof of who you are. Not worth it to prove there is no law covering this. You can be a jailed suspect.