If LE would ever confront me walking out of a hotel, I would just say,

"Hello there officer.  [bright glowing smile]
Thanks for making sure I am ok.
I have nothing to say to you without my lawyer
present.   Am I free to go now?"

If they ask to search me or my car, I would say,
"I do not consent to a search at this time.
Thanks for asking! [smile]  Am I free to go now?".

Now, what if they ask me to present ID?  Would I be required to show ID?  If I don't comply, would that be grounds for a charge/arrest?  Or can I legally come back and say, "I don't consent to your request to see my ID.  Am I free to go now?"



-- Modified on 4/30/2010 12:33:29 AM

Some states have stop-and-identify statutes. Those laws do require your identification when you're detained--detained meaning you're not free to go. You can find a list of those states on Wikipedia. There may also be local laws.

California doesn't have a stop-and-identify statute. California Penal Code 647 (e) used to allow police officers to require identification from people who were loitering, but the United States Supreme Court struck it down as unconstitutional. However, there could still be a question of whether it violates Penal Code 148, which is resisting, delaying, or obstructing an officer. People v. Quiroga (1993) 16 Cal. App. 4th 961, said that "a refusal to disclose personal identification following arrest for a misdemeanor or infraction cannot constitute a violation of Penal Code section 148," but held that it is a violation to refuse to identify when being booked at the jail. Also note that Penal Code 853.6 says one of the reason that an officer can refuse to do a cite-and-release and require a trip to the jail is lack of identification. And Penal Code section 148.9 makes it a crime to give false identification.

-- Modified on 4/30/2010 12:30:38 AM

Last I heard, in my state you can be held up to 72 hours if you can not be identified (verified).  Say you don't have ID & LEO can not verify the name you give him, so they take you to the station, run your prints & etc...  while you wait in the can.  Sketchy on legal grounds but still on the books.  If there was some crime committed nearby, you're going nowhere.

If stopped in a public place, say on the sidewalk in front of a hotel...  LE might be patroling the lot having had complaints of auto-breakins.  You give your ID (name & address where you can be found) & go on your way.  (Remember, you may feel guilty as hell about what you just did or were planning to do.  LE are not mind readers.  They have no way to prove what went on behind closed doors.  STFU & you walk!)
skb

The last time I checked, ALL states required you to show a driver's license if the officer sees you entering or leaving a car, or suspects that you are operating or about to operate a vehicle.

As for stopping people and asking for IDs, last time I checked, ALL states required the officer to have a REASONABLE BELIEF that you are a "person of interest" - that is, you either committed a crime, about to commit a crime, or a witness to a crime.  Police can not simply stop you and ask you for your ID if they have no reason to believe that you have done anything wrong.

As for holding people... again, the officer has to have a REASONABLE BELIEF that you have committed a crime in order to hold you.  They cannot hold you for simply refusing to show id (unless you are operating a vehicle).  I think there was a Supreme Court case on that but a lawyer would be able to answer that point and clarify it.

I know in NJ, the last officer who stopped me and demanded my id was not an officer in that community 3 months later - that's how long the official complaint I made to Internal Affairs took to process.  Note: i have no direct knowledge that the two events are linked but...

The unfortunate fact is that under the guise of anti-terrorism, this nation is moving in the direction of a national ID which we will be required to show on asking by a law enforcement agent.
 Many states, such as Nevada, are gearing up to produce such a card and will require citizens to have it within the next few years and to show it on request. At present, in California and most states. refusal to show an ID when requested is not a crime in and of itself; however, a policeman only has to have a notice of a crime in the area for him use this as an excuse to escort you down town where every effort will be made to identify you.
  The easy way out is to be respectful, address law enforcement persons as Sir or Mam or as Officer; be nice and cooperative. There is no need to create the scenario that the police love whereby they can arrest or detain you. Cops are not necessarily bad guys so no need to be offensive. Some cops are wonderful guys and others are on a power trip. When you run into the latter, it is best to play along. Life is a game, be a gamer!

I've yet to meet a cop that wasn't on a power trip.  But, then, I live in NJ were everyone is a mobster or a drug dealer... or so the cops think, anyway.