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Steveo8
07-20-2009, 7:00 AM
I was having a discussion with a LEO about carrying ID in california. My understanding is that there is no statue in california requiring an individual to have ID on them at all times. The LEO stated that anyone over the age of 18 has to have ID on them at all times. Can someone clarify this for me?

Fire in the Hole
07-20-2009, 7:25 AM
False. A CDL is required when driving. Cal ID cards are issued for other ID purposes, but are not mandatory.

Steveo8
07-20-2009, 7:40 AM
Thanks Fire, that was my understanding. Now any ideas how I can educate the LEO to this fact? I hate to see individuals spreading FUD and he quite adament that carrying ID is mandatory. Again thank you for the info.

Fire in the Hole
07-20-2009, 8:33 AM
Diplomaticaly, ask him to refer you to the section of law that requires you to possesss an identification card, so that you can read more about it.
He'll be unable to do so, but may claim that he knows it's a law somewhere.

Perhaps he means that you have to be able to identify yourself to LE upon demand. This is true, but can be done so verbally, then if possible verified through a computer check. However, if you've never had a CDL, Cal ID, never been cited, arrested, etc., then you will not show up if you have never been through the system. But that's not your problem.

Jonathan Doe
07-20-2009, 10:01 AM
If the person commits any crime/ offense, and the LEO cannot verify his identity, he may be held until his ID can be verified. That was the way at least when I was working on the streets. I had to hold several people in the past when no file on the person was found through CLETS. Only way to verify was by finger print and it took time.

tyrist
07-20-2009, 11:27 AM
If the person commits any crime/ offense, and the LEO cannot verify his identity, he may be held until his ID can be verified. That was the way at least when I was working on the streets. I had to hold several people in the past when no file on the person was found through CLETS. Only way to verify was by finger print and it took time.

Still the way it's done. For VC violations we use 40302 VC as the arresting authority. If they don't have ID for a low grade misdemeanor you just book them instead of issuing a notice to appear. We do have live scan now which means we can pull up finger print ID rather quickly; sometimes within minutes.

gose
07-20-2009, 11:44 AM
Carrying identification AND proof of a legal visa is actually required for all non-citizens, even permanent residents.

Liberty1
07-20-2009, 5:35 PM
I was having a discussion with a LEO about carrying ID in california. My understanding is that there is no statue in california requiring an individual to have ID on them at all times. The LEO stated that anyone over the age of 18 has to have ID on them at all times. Can someone clarify this for me?

PC 647e was found unconstitutionally vague in 1983: http://en.wikipedia.org/wiki/Kolender_v._Lawson

Liberty1
07-20-2009, 5:39 PM
Thanks Fire, that was my understanding. Now any ideas how I can educate the LEO to this fact?

Tell him/her to visit calguns and we'll teach'em more then just "stop and ID" law. :43:

yzernie
07-20-2009, 5:50 PM
My dept also has the portable IBIS machines. You can get a thumbprint and some basic info and it will tell you within a couple minutes if the person you have is actually that person.

SVT-40
07-20-2009, 10:23 PM
I was having a discussion with a LEO about carrying ID in california. My understanding is that there is no statue in california requiring an individual to have ID on them at all times. The LEO stated that anyone over the age of 18 has to have ID on them at all times. Can someone clarify this for me?

Just ask the LEO in question what type of I.D. does he carry with him while in the water at the beach??

Total fallacy about the "mandatory" carrying of I.D.

lrdchivalry
07-25-2009, 10:30 PM
Carrying identification AND proof of a legal visa is actually required for all non-citizens, even permanent residents.

Not if the person falls under the visa waiver program, only a valid passport would be required. Legal permanant residents don't need a visa but must have their I-551 in their possession at all times.