janiebelle
Posts: 332
Joined: 4/29/2009 Status: offline
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quote:
ORIGINAL: cadenas quote:
ORIGINAL: Mercnbeth quote:
...I don't think it is illegal to not have identification... here in California if you are going to go out and about...even on foot...and are asked by law enforcement officials to provide documentation to support your claim of who you are...you are required by law to oblige... Not true. There actually was a Supreme Court case (Lawson v Kolender) that clarified that police cannot even stop you to ask for ID unless they have a specific reason to do so. And that case actually originated in San Diego, so it definitely covers California. Also, as a US citizen you are not required to carry ID, and police cannot hold not having an ID against you. So even if police does legally stop and ask you for your name and ID for a specific reason, they cannot take you to the police station for not having an ID. On the other hand, they CAN take you to the station for having an ID and refusing to show it, or for lying about having an ID. So if you just got out of the driver's seat of a car, telling an officer "my name is John Smith, and I don't have any ID" is probably a bad idea. Foreign citizens are required to carry their immigration documents at all times. There may very well be case law, or a de jure prohibition against requiring citizens to produce ID upon demand. However, in the real world, the de facto situation is different. That "specific reason" can be that they wanted to make you miserable, for all the good it would do while you are on your way to the cop shop to explain your life's story to a bunch of jackbooted thugs. Telling a LEO anything more than "I have nothing to say" is probably a bad idea. Or at least that is what my attorney has always advised me to do. When questioned or arrested, just STFU, call him, and don't talk to a soul until he gets there. So, that's what I do. After all, even the D-types among us should be able to survive a few hours of "bondage" at the cop shop. j
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