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According to the ACLU, you are not required to identify yourself with ID to a police officer unless it is associated with a vehicle or traffic stop. The cops cant make you id yourself if they stop you on the street without probable cause of any crime. Recently states have passed laws claiming they have that right and you must id yourself if asked. How can they do that if this is a federal constitutional or bill of rights protection.

2007-11-04 14:02:25 · 13 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

EAST LANSING, MI -- The American Civil Liberties Union of Michigan today filed a lawsuit against city and police officials here, challenging the constitutionality of the police department's practice of arresting, detaining and prosecuting people for refusing to produce identification upon demand.

The ACLU challenges this practice in federal district court under the First, Fourth and Fourteenth Amendments to the Constitution. The lawsuit was filed against the City of East Lansing, the Chief of Police, and a police officer involved in an arrest.

"In our constitutional democracy, citizens should not be required to produce identification in order to walk on the street," said ACLU of Michigan Executive Director Kary Moss. "This widespread practice is clearly unconstitutional. We will seek damages and a declaration from the court that this practice is illegal."

2007-11-04 14:28:56 · update #1

"The United States Supreme Court has consistently required that there be some reason, some probable cause of the existence of a crime before the police can arrest and prosecute persons," said ACLU cooperating attorney Dorean Koenig. "Unlike the pass laws of South Africa or the laws of Germany from 1933 to 1945, the police cannot demand that persons on the streets produce identification upon demand, or be convicted of a crime for failing to do so. Such laws are repugnant to our Constitution."

2007-11-04 14:29:55 · update #2

Joe C. ... Im prepared to go to the mat and so should everyone else who treasures their freedom. Oh wait a minute, I have to go to soccer practice at 4 o clock.. OK heres my id...

Ava.. your comment is disgusting. Whether I have something to hide or not is not the point. Why don't you move to some third world country, according to your theory, add a few palm trees and you have Nicarauga.

komerwes. I believe your incorrect, not all states have that law and it will be found unconstitutional if they do.

jerry c. Its not all states... ACLU ... "The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it..

2007-11-04 14:39:02 · update #3

NY Traino:... Probable cause are you kidding me. Have you watched the show cops.. They shake down people at random. I dont mean to be a copy and paster, Im just trying to find out if KY has passed that law.

2007-11-04 14:41:34 · update #4

singhun: Stepenwolf Lyric quote "Monster" 196? whats true then is true today only worse...

The spirit was freedom and justice
And it's keepers seem generous and kind
It's leaders were supposed to serve the country
But now they won't pay it no mind
'Cause the people grew fat and got lazy
And now their vote is a meaningless joke
They babble about law and order
But it's all just an echo of what they've been told
Yeah, there's a monster on the loose
It's got our heads into a noose
And it just sits there watchin'

2007-11-04 19:29:59 · update #5

13 answers

The sad truth is that the police is the largest criminal organization in the world. They are the most powerful and corrupt group and individuals you will ever meet. We are unfortunately the public order of Frankenstein. Our monster has run amok and has us by the throat. We find ourselves without recourse because the monster has grown from a perversion of our protector leaving us no protector at all. The defender of the public has transformed into the unfeeling, greedy, and malicious force that feels utter contempt for the public it was originally supposed to defend. So the dismal answer to your question is no, you have no rights in the eyes of the law, for who will prevent the police from doing as they will? The police? there is a reason why the suspension of all civil liberties is the norm in a "police state" like the old soviet union or Nazi Germany.
One does not have to have something to hide to expect reasonable privacy. Who I am is not your business even if you are a cop unless you have reason to believe I am connected to an ongoing investigation. BTW "He blinked when I looked at him." is not probable cause, it is an excuse to ignore the very liberties the cops expect themselves. Want proof? Check the profile of any self-proclaimed cop on here. Notice all the things marked private? What do they have to hide? It's none of our business, but it sure does make the point.

2007-11-04 15:58:43 · answer #1 · answered by singthunder 4 · 2 0

Ky State Id

2016-10-14 10:11:38 · answer #2 · answered by salmaan 4 · 0 0

Since joggers and children rarely carry ID, and many other people don't when they are just going to a neighborhood store, such a law could make a large fraction of the population law breakers. Also a lot of non drivers do not have any official ID, which is what the flap about showing ID's when voting is about. Unless you first make a law saying everyone must have official ID's how can you make a law that you must carry them, much less show them to the police. The whole idea makes me think of WWII movies with the Gestapo stopping people and asking for papers.
I think the Supreme Court decision requires you tell the police your name and they can hold you for a brief period of time if they are suspicious of your actions, so showing them your ID if you have it with you is probably a good idea, but not doing so is not a crime.

2007-11-04 14:47:25 · answer #3 · answered by meg 7 · 1 0

NO all that is Required is First and Last Name and date of Birth that is it I live in Kentucky and I know the Law's Very Well Like the so called safety check Points that the county I live in Were Deemed UNCONSTITUTIONAL And when I go threw them I carry with me the LAW OF THE LAND which is the supreme court Ruling ON So called Safety Check points as for being a Passenger in a car in KENTUCKY go it is the same as Walking IN the UNITED STATES THERE IS NO LAW WHICH STATES ONE MUST HAVE ID AS A Passenger Unless ON A PLANE OR IN A COMMERCIAL VEHICLE....

2015-01-17 20:05:21 · answer #4 · answered by mastermalice1666 1 · 3 0

The thing is, if they are stopping you, they are going to have some sort of probable cause for asking you for ID. No cop is going to randomly ask you for ID just for the heck of it.
The courts have rules that the police have the right to know who you are. Many states also have laws requiring a person to carry ID. Bottom line, if you ahven't done anything wrong, whats the problem?

Ok, continually quoting the ACLU doesn't prove anything. They are far froma legal authority. They are nothing but a private organization that file lawsuits often and lose most of them. They can say whatever they want. That is their right. All that matters is case law and case law states that you must provide the police with ID when requested. Once again, the police are not asking you for ID for their jollies. If they are asking you, odds are it is part of an investigation and if you refuse, you may very well find yourself under arrest. At that point they will take your ID from you, but you will have stood your ground, whcih is really all that matters, huh?
Innocent people have no problem with the minor inconvienience of cooperating with the police. Most of these cases you quote are drug dealers who feel the police are harrassing them and asking for ID and stopping the,. That is who the wonderful ACLU is defending. Drug dealers.

2007-11-04 14:24:03 · answer #5 · answered by Anonymous · 0 2

see if the latest version of the state constitution is posted on line somewhere--like on the state's home page. Also, ASK A LAWYER licensed to practice in KY.

2007-11-04 14:07:07 · answer #6 · answered by Mike 7 · 1 0

Yes thy do And all states have the same law ,If nothing else you need a state ID on you at all times .It will help your family know thy found you if something goes wrong and you are out cold or God forbid get killed .

2007-11-04 14:09:17 · answer #7 · answered by OLD SCHOOL 4 · 0 1

That's probably correct, technically, but just show it, otherwise they'll threaten to take you downtown or otherwise intimidate you into doing it. It's not worth the fight unless you're prepared to go to the mat.

2007-11-04 14:05:50 · answer #8 · answered by Anonymous · 1 0

Not true, by law you are required to identify yourself to a police officer if they ask you. If you refuse then they can arrest you.

2007-11-04 14:09:20 · answer #9 · answered by Anonymous · 1 2

OK SO NOW YOU ARE JOHN DOE AND ARE ARRESTED AS SUCH, A VAGRANT.

UNDER THE FEDERAL LAW, THE ANTI TERRORIST ACT, IF NO ID, OBTAIN ONE OR GO TO JAIL UNTIL WE CAN ASCERTAIN YOU ARE A US CITIZEN, OR WHO(M) YOU MIGHT BE?

2007-11-04 14:13:34 · answer #10 · answered by ahsoasho2u2 7 · 0 1

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