Legal Corner

HAVE an ID
vonrichtofenlas 15 Reviews 7270 reads
posted

If you do NOT, you can be booked as John Doe and held until your real identity is revealed through fingerprints.  
When confronted by LE, give them your ID, be polite, but tell them you really don't want to talk to them without a lawyer.  If they keep asking you questions don't answer them other than to say, I don't want to talk to you without a lawyer and I don't have to.  I also don't have to explain why I am in any public place nor why I am visiting anyone in particular.  Its none of your business.  
Like as not you won't talk your way out of a misdemeanor bust anyway and you can only talk yourself deeper into a hole once you start either admitting things or lying to the cops.  
MVR

Dont-Taze-Me,Bro7341 reads

If stopped by LE leaving an incall: Must one produce ID /drivers license ??

I know silence is golden, but is identifying oneself to LE required?

dickus6163 reads

My law degree has more than 40 years of rust on it, so I don't know whether you can be required to produce identification, but if you don't, I can almost guarantee you that you'll be detained and your identity will be discovered during the "inventory" search of your belongings.

For the most part, courts have upheld this, so I would not make any big deal about same.  You do not have to reveal any aliases, by the way.  (Remember the movie JFK?)

However, beyond that, you should just dummy up and say nothing except that you want to speak to a lawyer before saying anything else.

(still not a lawyer)

If you do NOT, you can be booked as John Doe and held until your real identity is revealed through fingerprints.  
When confronted by LE, give them your ID, be polite, but tell them you really don't want to talk to them without a lawyer.  If they keep asking you questions don't answer them other than to say, I don't want to talk to you without a lawyer and I don't have to.  I also don't have to explain why I am in any public place nor why I am visiting anyone in particular.  Its none of your business.  
Like as not you won't talk your way out of a misdemeanor bust anyway and you can only talk yourself deeper into a hole once you start either admitting things or lying to the cops.  
MVR

in the case above, you have actually admitted that you were, in fact, visiting someone.  From there, it's not too hard for them to make a case out of that.

There is a Simpsons episode where Krusty is being investigated by the IRS for having money stashed away in an off shore bank.

The IRS calls the bank and the bank officer says back:  "Sorry, I'm not at liberty to discuss that customer's secret illegal account."

After hanging up the bank officer says to himself:

"Oh crap, I shouldn't have mentioned that he was a customer.

Oh crap, I shouldn't have mentioned that he has an account.

Oh crap, I certainly shouldn't have mentioned that it was an illegal account.

Oh well, it's hot down here."

See how easy it is to reveal information, and remember, LE are pros at getting people to reveal things.  Don't try to out fox them, you'll only be playing into their game.

(still not a lawyer)

shudaknownbetter7761 reads

I don't know if this is current, but it used to be in my state one can be held for 48 hours without charges if the officer can not identify you.  
I think your identity is the one thing you must provide (or they'll hold you as a person of interest until you're fingerprinted).  That would probably be more suspicious than providing the id in the first place.  
It is standard proceedure with our beloved State Police to run an records check on anyone they come in contact with...  even passengers in a traffic stop.  If you DO have an outstanding Warrant, it's already too late.  You're going to deal with it & right then.  Anything you do will only make it worse.
LE has the right to pat you down for weapons without charges or any probable cause, for the officers safety.  LE does not have the right to do a full search but crinkling baggie in your pocket may provide probable cause for one.  If LE asks if you have any weapons, don't forget to mention the tiny pocket knife (in your pocket, of course).  

As a tactical move, one does not want to act like we're concealing something but anything we say can be turned against us...  better to provide the id & remain silent...  
skb


          While most if not all states have "stop and indentify" statutes that permit LE to ASK for identification, whether you are required to ANSWER- to produce ID - depends on the particular statute. In some States, a suspect's refusal to identify himself is a misdemeanor offense or civil violation; in others, it is a factor to be considered in whether the suspect has violated loitering laws. In other States, a suspect may decline to identify himself without penalty.

        These statutes are sometimes overturned on constitutional grounds for vagueness but I agree with the other posters that the most prudent course of conduct is always to carry ID and to produce it if asked.

I guess the one exception in states with mandatory answer laws would be if the provision of identity would itself incriminate you. If the police have an outstanding warrant for Don't Taze me Bro, I do not see how you could be required to identify yourself bc of the Fifth Amendment.





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