# Which states are you required to give a cop an i.d.?



## simpletoremember (Mar 24, 2009)

does anyone know this information. if i do research it. i'm more then glad to share the info as well...


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## Rise 609 (Mar 25, 2009)

Regardless of what anyone tells you, you are required to give a cop your identification in all 50 states. I don't care who tells you different or what you've read on the internet about it. Anyone on here that wants to argue with me about it I'm not gonna waste my time. A cop needs nothing in order to be able to ask for your id and only probable cause in order to search your possessions. Probable cause consists of anything the cop wants to say made you look suspicious.


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## simpletoremember (Mar 25, 2009)

Rise 609 said:


> Regardless of what anyone tells you, you are required to give a cop your identification in all 50 states. I don't care who tells you different or what you've read on the internet about it. Anyone on here that wants to argue with me about it I'm not gonna waste my time. A cop needs nothing in order to be able to ask for your id and only probable cause in order to search your possessions. Probable cause consists of anything the cop wants to say made you look suspicious.



but can you be arrested for not having an i.d.? someone stole my wallet a few weeks back, and i have yet to get a new one. i was just hassled in st. louis, but the cop just let us go. i was just wondering for future reference.


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## dirty_rotten_squatter (Mar 25, 2009)

Living proof of all the above. A cop asked for my I.D most likely because I looked suspicious cuz I had a shirt with a bunch of studs on it and a skateboard and where I was I REALLY didnt fit in. I said I didnt have one he searched me because I was acting suspicious he found it and I taken in. Good plan if you're looking for a free meal. I then told the cop that I was a vegan and had been for years and if I eat any animal biproducts that I would get really sick because my body wasnt used to it, so they let me go haha. In reality I'm not vegan, and I'll admit it I'm not strong enough to do it I just didnt want to stay in jail I had a party to go to that night.


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## dime (Mar 25, 2009)

best bet is just to get another ID asap. i finally got a new one here in sf


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## simpletoremember (Mar 25, 2009)

dime said:


> best bet is just to get another ID asap. i finally got a new one here in sf



Yeah I know SF helps you get your BC and ID, but right now i have no form of ID. besides my information. I should get one, but I don't know about the process of getting my SSC and BC without even having proof of who I am. It's kind of a fucked up situation


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## bobNkamille (Mar 25, 2009)

dirty_rotten_squatter said:


> Living proof of all the above. A cop asked for my I.D most likely because I looked suspicious cuz I had a shirt with a bunch of studs on it and a skateboard and where I was I REALLY didnt fit in. I said I didnt have one he searched me because I was acting suspicious he found it and I taken in. Good plan if you're looking for a free meal. I then told the cop that I was a vegan and had been for years and if I eat any animal biproducts that I would get really sick because my body wasnt used to it, so they let me go haha. In reality I'm not vegan, and I'll admit it I'm not strong enough to do it I just didnt want to stay in jail I had a party to go to that night.



Santa rosa is the same way we just got accused last night of being on meth and shit and were not the cop was just an ass hole at first tell he ran our names and we have no warrents out here then he was chill. But yeah he sat there and implied that we are homeless which yeah but we have been staying at a place that took us in. We were spanging but he said we were on meth and all kinds of shit


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## IBRRHOBO (Mar 25, 2009)

simpletoremember said:


> but can you be arrested for not having an i.d.? someone stole my wallet a few weeks back, and i have yet to get a new one. i was just hassled in st. louis, but the cop just let us go. i was just wondering for future reference.


 
To answer your question, YES it is a crime; both state and federal. Now, generally, they'll just take you in and hold you (legally) for up to 72 hours to run your prints (which NCIC takes about an hour or so) and then release you. The can; however, charge you for failure to present identification. Two theories here: First under _Terry v Ohio _the controlling caselaw for inquiry before detention), the 4th Amendment controls the police discretion, so you might have a fight IF they charge you; and the other theory (which controls, by-and-large today) is the Patriot Act and Patriot Act II Pub.L. 107-56. You're not going to win. And here's the kicker: run your game of no id on the streets and the law is just going to hold you 72 hours, at most. Run it on the tracks and get asshole? Under Pub.L. 107-56 they can hold you until you die because your right to _habeas corpus_ is suspended! In theory, you're on that train to derail it with a tanker of HCl inside a metro area.

If you're bored, I've cited the caselaw as I study it for strategic reasons.


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## CdCase123 (Mar 26, 2009)

Widerstand said:


> if you don't have ID and just make up info to give them and they run it they will catch your lie most of the time.




i dont think so. i've been doing that for about 8 monthes considering my age and have gotten away with it every time


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## stove (Mar 28, 2009)

i've been caught without ID a few times, but they always seem satisfied if I am able to give them all of the pertinent info which correlates to my actual ID (minus SSN and License number, don't care to give those up w/o cause). Again it goes back to cooperation etc.


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## Shoestring (Mar 28, 2009)

*Yup! If you're ID is truely lost or stolen and you're not trying to hide anything, "most" times the information that's on your ID that you can verbally give them will be enough. (If it all seems to come back OK through the NCIC, they tend to let me go with ease in past cases where I have not had an ID). Some states allow you to keep your old ID when you apply for a new one, so what I did up in Alaska is get a new ID with my old Kansas state ID-card and then sent that old Kansas ID-card to a location where it could be kept safe for me, like at my brother's home in case I ever loose the Alaska ID that I have on me now, I can call up my brother and have him send that Kansas ID to me where I'll never ever have to go through the crap of not having a single ID on me at all!!! (Believe me, it's well worth doing it this way)!!!*

*Alaska, Kansas, South Dakota, Maine and Texas have been states in my past that I have gotten another ID-card without them taking my old one at the time I got the new one. *
*(All I told them is that I worked during the summertime in the state that I have on me and I needed that one to cash my checks with in that state and they all let me hang on to the old ID-cards). *
*I'm sure there are planty other states who let you hang on to the old ones besides the above states that I have listed! (Just tell them what I said above about your summertime job).*


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## Matt Derrick (Apr 1, 2009)

im not sure what ibrrhobo is talking about, but every lawyer ive ever talked to (which is a lot) and every protest ive ever been too has said that you DO NOT HAVE TO HAVE IDENTIFICATION ON YOU at any time. im also not aware of any law that says you have too. most cops will say the opposite, but that is just because 99% of the time they are either ignorant of the law or lying to get you to give them your id.

now of course, if you are being "detained" and you refuse to present your id you can get in trouble for that. they mostly call this interfereing with a police investigation. now of course, if you're being detained (i.e. questioned on the street) and you dont have an id there's NOTHING THEY CAN DO ABOUT IT. it's not illegal, NO MATTER WHAT THE COP TELLS YOU. so don't worry about it.

if you're not sure if you're being detained, ask, "am i being detained?" and if the cop says no, say "can i leave?" and if he says yes, walk away. don't answer any questions, etc, cause you dont have to. if he says no, then you're being detained... so anyways, here's a decent page i found:

Erowid Police Vaults: I Do Not Consent To A Search


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## Matt Derrick (Apr 1, 2009)

also... wrong forum... moved to general banter.


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## IBRRHOBO (Apr 1, 2009)

I don't mean to cast doubt upon your attorney's licensure; however, in light of _Hiibel v. Sixth Judicial District of Nevada_, 542 U.S. 177 (2004), the ability of states to pass legislation requiring identification does not run afoul of the Fourth Amendment. And, in fact, many have this law. There is currently no federal requirement for U.S. Citizens.

Now, many will banter the issues of 'detained' and let me be VERY fucking blunt here, by simply being in the wrong neighboorhood, around the wrong person or looking 'suspicious' is probable cause to trigger _Terry_ (See earlier discussion). Also, when you examine the laws, you need to realize that they may say, 'Stop for dangerous weapon," but it may not be the law in and of itself that applies to what is actually going on. You need to read the caselaw citations underneath and almost inevitably you will find the annotation concering suspicious behavior linked.

Your statement concerning demonstrations is different as it deals with a profiling pertaining to exercisement of First Amendment Rights. The question in this thread, albeit couched ambiguously, pertains to 'laws on the books'. There are, in fact, those and they ARE LEGAL!

I take the time to belabour this point as it is IMPARITIVE when questions of this magnatude are asked, that they are documented correctly.

Lexus/Nexus interogatory:

Hello XXXXXXXX,
I contacted the North Bergen, NY police department at (XXX) XXX-XXXX to confirm my findings (or lack thereof). According to Officer Rovelo, it is a state law that a person must carry an ID on them at all times. He could not cite the specific code because he said it was a very old law on the books, along the lines of you cannot allow your horse to walk on certain sides of the street. He then went on to say that you would not get cited in accordance with this law, but rather the more recent "failure to produce ID" or obstruction code. And to re-confirm, this is indeed a state, not municipal or county ordinance. I sincerely apologize for my initial error XXXXXXXX, and hope that this information provides you with the information you were looking for.
If I have answered your question, please click "ACCEPT."

Wiki list of stop and identify statutes:

*Alabama*Ala. Code §15-5-30*Arizona*Ari. Rev. Stat. Tit. 13, Ch. 24-12 (enacted 2005)*Arkansas*Ark. Code Ann. §5-71-213(a)(1)*Colorado*Colo. Rev. Stat. §16-3-103(1)*Delaware*Del. Code Ann., Tit. 11, §§1902, 1321(6)*Florida*Fla. Stat. §856.021(2)*Georgia*Ga. Code Ann. §16-11-36(b) (loitering statute)*Illinois*Ill. Comp. Stat., ch. 725, §5/107-14*Indiana*Indiana Code §34-28-5-3.5*Kansas*Kan. Stat. Ann. §22-2402(1)*Louisiana*La. Code Crim. Proc. Ann., Art. 215.1(A)*Missouri*Mo. Rev. Stat. §84.710(2)*Montana*Mont. Code Ann. §46-5-401*Nebraska*Neb. Rev. Stat. §29-829*Nevada*Nev. Rev. Stat. §171.123*New Hampshire*N. H. Rev. Stat. Ann. §594:2*New Mexico*N. M. Stat. Ann. §30-22-3*New York*N. Y. Crim. Proc. Law (CPL) §140.50(1)*North Dakota*N.D. Cent. Code §29-29-21 (PDF)*Ohio*Ohio Rev. Code §2921.29 (enacted 2006)*Rhode Island*R. I. Gen. Laws §12-7-1*Utah*Utah Code Ann. §77-7-15*Vermont*Vt. Stat. Ann., Tit. 24, §1983*Wisconsin*Wis. Stat. §968.24 (PDF)


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## Poe Boy (Apr 26, 2009)

Although I have to point out, that if you look closely at those statutes, they say you have to identify yourself, not that you have to present identification. I.E. you don't need an ID card, license, etc, but you DO have to give them your information, and they CAN detain you (for periods that vary by state) as long as it takes to verify the info you give, should you not have an ID to present.

I've always maintained that having a CURRENT ID will save you a lot of trouble when dealing with cops. Some states (like FL) have no problem issuing a driver's license or state ID card to a PO Box. Lately, they've switched to simply issuing you a new one when the old expires and you send in the fee, you don't even have to show up for a new picture, they use the old one. So, if you can, swing the PO Boc fee for each year, and the ID fee every 5 years or so, and you're fine.

If you are worried about losing it or having it stolen, you can order copies. If your state requires the old one be turned in, tll them you need a replacement as your wallet was stolen. Not all states are the same, but it's a lot cheaper than the renewal fee in FL to ask for a replacement. Then keep them spearate where theft and whatnot won't likely get both of them stolen.


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## RebeccaSoup (Apr 27, 2009)

norplain said:


> i dont think so. i've been doing that for about 8 monthes considering my age and have gotten away with it every time



Yeah, I do it all the time with or without ID. Never been caught. I always use the same name/state/etc and say Ive never had a Drivers license.


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## captnjack (Feb 27, 2011)

i went without an ID for a year and a half, and every timei was stopped and they asked, "do you have your id?" i'd simply say, "No, but i can give you the information that you need." basically all they want is your name, your birthday, and your address (what state you come from). if you can give them all the right info and it checks out than you're good to go. the only time it is a crime necessarily not to have your id is while your driving.
good luck, though. if i were you, i'd save the 20 extra minutes youre going to have to talk to the piggys and get another id.


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