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Dead Constitution
See other Dead Constitution Articles

Title: When can Police Ask for ID?
Source: [None]
URL Source: http://www.lewrockwell.com/2014/10/ ... -cops-demand-your-id%E2%80%A8/
Published: Oct 4, 2014
Author: Flex Your Rights
Post Date: 2014-10-04 07:54:02 by Ada
Keywords: None
Views: 179
Comments: 2

You’ve probably seen old movies where the protagonist is approached by a Nazi or Soviet guard and ordered to “show your papers.” We know that’s a tell-tale sign of a police state. So if police ever ask you to show ID during your travels, it’s natural to feel violated.

In a free society, citizens who are minding their own business are not obligated to “show their papers” to police. In fact, in the United States there’s no law requiring citizens to carry identification of any kind.

So when can police ask for ID?

Carrying an ID is generally required if you’re driving a vehicle or a passenger on a commercial airline. These requirements have been upheld on the slippery premise that individuals who prefer not to carry ID can choose not to drive or fly.

From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to reveal their identity when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as “stop-and-identify” statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.

As of 2013, 24 states had stop-and-identify laws. Regardless of your state’s law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you’re involved in illegal activity.

But how can you tell if an officer asking you to identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. So one way to tell if they have reasonable suspicion is to determine if you’re free to go. You can do this by saying “Excuse me officer. Are you detaining me, or am I free to go?” If the officer says you’re free to go, leave immediately and don’t answer any more questions.

If you’re detained, you’ll have to decide if withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you’re on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state’s laws can help you make the best choice.

Remember that the officer’s decision to detain you will not always hold up in court. Reasonable suspicion is a vague legal standard, and police often make mistakes. So if you’re searched or arrested following an officer’s ID request, you may contact an attorney to discuss the incident and explore your legal options.

Reprinted with permission from Flex Your Rights.

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#1. To: Ada (#0)

When can Police Ask for ID?

When you get stopped by a cop on a traffic violation, the first thing he does is ask for your drivers license. When you produce that, he then asks for your insurance card. When you produce that, he then has all he needs to issue you a citation for the violation he says you committed.

If you are not engaged in commerce, hauling goods from place to place for pay, you do not need a license since only a commercial driver needs one. And, you do not need insurance since only a commercial vehicle needs to be insured.

But, they have you over a barrel. When you registered your vehicle with the State, you gave them an interest in the property. Now, you need to have insurance to protect the State from their potential losses.

It all adds up, if you do not believe me, send me a PM and I will give you a number to call for a conference call every Thursday at 8 PM eastern time. You will get information on how to "capture" your strawman, and become the Secured Party. This, then give your claim priority and all others must wait in line. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2014-10-04   11:29:21 ET  Reply   Trace   Private Reply  


#2. To: Ada (#0)

When can Police Ask for ID?

Anytime and anywhere and if you don't produce it you should and will be arrested. Any argument to the contrary in the USSA is bogus.

DWornock  posted on  2014-10-07   15:47:57 ET  Reply   Trace   Private Reply  


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