Posted on 06/26/2009 9:27:13 AM PDT by clippedwing
A coworker of mine say's that it is illegal to not have valid identification on thier posession. Is this true? Can a person be arrested or cited because they cannot produce identification when asked for by a police officer?
Thanks for any insight.
I don’t have a cite but I remember being told that you could be cited as a vagrant (in NY) for not having some kind of ID and some amount of money.
Needless to say, I don’t think it was widely enforced.
Arrested or cited? I'm not sure.
Look up Hiibel v. Sixth Judicial District Court of Nevada
Depends... were you driving? Were you involved in an activity that requires ID? Like boarding a plane? That is a very open question.
Maybe in 1950 when the bums were white!
not if you are in an ACORN bus being driven to the nearest voting booth.
Also, should you get involved in a situation where you become a person of interest to law enforcement, although maybe not on an arrestable stage yet, you can be detained until such time your identity is established.
I believe it depends on the state. In Massachusetts one is not required to produce government identification when stopped by the police in a non-driving situation, but one is required to provide a name and, I think, address.
One of the objections by local police when the marijuana decriminalization law passed (replace by a civil fine of $100) here was that enforcement would be impossible with persons not driving cars at the time of the citation because no law existed in the Commonwealth compelling production of government i.d., thus resulting in people giving fake names when ticketed.
The mark of the beast is here, didn’t you get the message?
Probably depends on the State.
Idaho there is no law requiring you have have any form of identification, except any required for the action you are doing (driving, hunting, fishing, etc etc). Walking on a public street requires no identification. You are required to provide your name if asked though.
Police can find something to arrest you for if they really want to. Question is will prosecution follow charges or will the judge dismiss the case.
Ve vant to see your papers, Herr Schmidt.
If you don’t have a drivers license, your best bet would be to get one of the new passport cards. It is the size of a DL, and has your picture on it. From a practical standpoint, it is a good idea to have an ID on you in the event of an accident or medical emergency.
bttt
This may soon change. This Term, in the case of Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court will decide a case that asks the following question: Does the Constitution permit a police officer to arrest someone simply because, when stopped under reasonable suspicion, that person fails to produce identification?
The federal judicial Circuits have split on this issue. The Tenth Circuit has upheld a similar statute in Oliver v. Woods, while the Ninth Circuit has struck another down in Carey v. Nevada Gaming Control Board. The Nevada Supreme Court -- which issued the decision the Supreme Court is reviewing -- has already held that this type of arrest does not violate the Constitution.
From here
Many cities did passed legislation requiring ID to crack down under the guise of anti-vagrancy laws. It was just another tool that let them roust the bums whenever they reached critical mass (oops, did I say “bums”?. I meant the ennobled, rugged icons of our inner cities, the Urban Outdoorsmen).
I'm sure by now the feds have glommed onto it somehow, in the interest of "protecting the children".
There's a case before the Supreme Court that's going to decide that very question. Involved someone arrested for not having ID on them out in Nevada or Utah, I think.
Not if you are on foot. If you are driving you dang well better have your license to drive.
as long as you answer all questions “no habla ingles” you should be fine
IIRC...it was $5.00.
Unless, of course, you were going to vote.
In my career I have never heard of anyone being cited or arrested for not having ID on them, unless they were driving a car on a public roadway. If a person cannot provide a physical ID, they can verbally provide information, i.e. name, date of birth, Social Security number, as proof of identification. I always recommend that you carry photographic proof of identification in case something happens to you, like getting hit by a car and you are unconscious, so that the authorities know who you are and can notify your family.
Not yet.
There is no law requiring Americans to carry an ID. This gives the politicians the ability to shout out how much better we are than most other countries.
Unfortunately, you can be detained if you are suspected of a crime and don’t have an ID.
The politicians have no right to claim moral superiority.
There are still white bums .I can post a photo of my brother-in-law if required.
There are still white bums .I can post a photo of my brother-in-law if required.
There are still white bums .I can post a photo of my brother-in-law if required.
There are still white bums .I can post a photo of my brother-in-law if required.
CA....
As long as you have an ID somewhere, any officer can find out who you are without too much difficulty.
I didn’t carry ID for at least seven years, back then it helped keep you from getting moving violations.
Do you have four sisters?
No You Can’t be arrested for Not having an I.D.but if you don’t have an I.D. and a Crime has occurred in an area where your at and you appear to look like a possible suspect you can bet your last dime that you will be detained until you are cleared of any criminal activity.
This question comes up every now & again...
Question on requirement to present ID to police officer (vanity)It was an articulate black guy who wore dreadlocks, back in the 1970’s. ... 128 posted on 01/25/2009 9:50:45 AM PST by Kevmo ( It’s all over for this ...
www.freerepublic.com/focus/chat/2171229/posts?page=140 - Similar -
I think the guy’s name was Edward Lawson
http://edwardlawson.com/Comments.html
Depends on what town you are in at the time. Most towns and cities have laws that require you to have ID, I don’t think they are constitutional but no one has ever tested it, I don’t think. I could be wrong. Usually however the people stopped for vagrancy are not going to take it to court, mainly because they haven’t any money and just don’t care. It is just one more law that can be used against you if they fail to find anything else to arrest you for.
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