Unconfigured Ad Widget

Collapse

Identification required

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • rpearce84
    Junior Member
    • Oct 2009
    • 45

    Identification required

    Am I required by any law to show a peace officer any form of ID ( aside from a DL if I were to get pulled over for a traffic violation)?
  • #2
    SVT-40
    I need a LIFE!!
    • Jan 2008
    • 12894

    Vehicle registration and proof of insurance.
    Poke'm with a stick!


    Originally posted by fiddletown
    What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

    Comment

    • #3
      jdubs71
      Senior Member
      • Feb 2013
      • 690

      By law you have to carry your ID in your possession when driving. If you don't provide it or your reg when asked for it, the officer can actually search your vehicle in places where people would likely keep that information i.e. the glove box, center console, visor etc. Not sure if i read that correctly or not, but you do not have to show any other form of ID other than your DL if thats what your asking.

      12951. (a) The licensee shall have the valid driver's license
      issued to him or her in his or her immediate possession at all times
      when driving a motor vehicle upon a highway.
      Any charge under this subdivision shall be dismissed when the
      person charged produces in court a driver's license duly issued to
      that person and valid at the time of his or her arrest, except that
      upon a third or subsequent charge the court in its discretion may
      dismiss the charge. When a temporary, interim, or duplicate driver's
      license is produced in court, the charge shall not be dismissed
      unless the court has been furnished proof by the Department of Motor
      Vehicles that the temporary, interim, or duplicate license was issued
      prior to the arrest, that the driving privilege and license had not
      been suspended or revoked, and that the person was eligible for the
      temporary, interim, or duplicate license.
      (b) The driver of a motor vehicle shall present his or her license
      for examination upon demand of a peace officer enforcing the
      provisions of this code
      .
      Last edited by jdubs71; 08-28-2014, 11:19 PM.
      "Common sense is not so common"

      Comment

      • #4
        CBR_rider
        Veteran Member
        • Jan 2013
        • 2686

        I'm not sure I understand your question. Are you asking if you have to show ID at times OTHER than a traffic stop or other TYPES of ID during a traffic stop?
        Originally posted by bwiese
        [BTW, I have no problem seeing DEA Agents and drug cops hanging from ropes, but that's a separate political issue.]
        Stay classy, CGF and Calguns.

        Comment

        • #5
          rpearce84
          Junior Member
          • Oct 2009
          • 45

          At other times. Obviously when I'm pulled over for a traffic violation I will show my DL. When an officer requests to see my ID for what I feel is no reason. Say sitting in my parked truck. Or walking down the street

          Comment

          • #6
            TRICKSTER
            I need a LIFE!!
            • Mar 2008
            • 12438

            Originally posted by rpearce84
            At other times. Obviously when I'm pulled over for a traffic violation I will show my DL. When an officer requests to see my ID for what I feel is no reason. Say sitting in my parked truck. Or walking down the street
            The problem with that attitude is that you better be 100% sure that there is no reason. I have seen many stubborn and misinformed people put themselves into a situation where their actions have turned a simple contact into an arrest.


            Never underestimate the power of stupid people in large groups

            Comment

            • #7
              FresnoRob
              Senior Member
              • May 2013
              • 2133

              Some states require all adults to carry identification. I am not sure this is a law in California. Of course if you can't be correctly identified the Leo can always take you to jail until your identity can be verified.

              Comment

              • #8
                Tripper
                Calguns Addict
                • Jan 2011
                • 7628

                Identification required

                Originally posted by FresnoRob
                Some states require all adults to carry identification. I am not sure this is a law in California. Of course if you can't be correctly identified the Leo can always take you to jail until your identity can be verified.

                No, there is no ID required law in CA
                If he is investigating, I need to not lie about my name, if I have no ID, and he takes me to jail to 'verify', there will be problems. If I lie and he is investigating, there will be problems
                He for sure can't just take you to jail because you don't have ID

                Sent from iPhone
                WTB NAA Belt Buckle
                MILITARY STRETCHER/RADIATION DETECTION KIT

                Comment

                • #9
                  FresnoRob
                  Senior Member
                  • May 2013
                  • 2133

                  Originally posted by Tripper
                  No, there is no ID required law in CA
                  If he is investigating, I need to not lie about my name, if I have no ID, and he takes me to jail to 'verify', there will be problems. If I lie and he is investigating, there will be problems
                  He for sure can't just take you to jail because you don't have ID

                  Sent from iPhone
                  He would need cause to detain you. If he has cause he can.
                  He would not be taking you to jail for not carrying an ID. It would be to run your finger prints to verify who you are.

                  Comment

                  • #10
                    Tripper
                    Calguns Addict
                    • Jan 2011
                    • 7628

                    Identification required

                    Originally posted by FresnoRob
                    He would need cause to detain you. If he has cause he can.

                    He would not be taking you to jail for not carrying an ID. It would be to run your finger prints to verify who you are.

                    Your statement kind of contradicts itself
                    Lack of ID is not cause in and of itself

                    He cannot take me to jail just to verify who I am using my prints, unless he has PC to detain me in the first place, which if I've never been printed, he STILL would not know who I am

                    Or, they can use something like AFIS/ABIS to the car to ID you, if your in the system

                    Sent from iPhone
                    Last edited by Tripper; 08-30-2014, 4:45 PM.
                    WTB NAA Belt Buckle
                    MILITARY STRETCHER/RADIATION DETECTION KIT

                    Comment

                    • #11
                      RickD427
                      CGN/CGSSA Contributor - Lifetime
                      CGN Contributor - Lifetime
                      • Jan 2007
                      • 9263

                      At one time California did have a law that required folks to present identification to peace officers upon demand.

                      The law was challenged before the U.S. Supreme Court and was held to be unconstitutional (refer to Kohlender v Lawson).

                      Other states have enacted similar "Stop and ID" statutes that have passed constitutional tests. Hiibel v. Sixth Judicial District of Nevada is probably the best treatment given to a constitutional "Stop and ID" law.

                      California has not yet re-enacted a "Stop and ID" law.

                      One prominent law enforcement resource, recently serving as a special counsel to the L.A. County District Attorney, has advocated that officers could lawfully arrest a person refusing to identify themselves under Penal Code section 148 (Obstructing or Delaying a PO). He argued that Hiibel created a duty for a person to identify themself and that refusal to perform that duty would violate 148. I don't agree. Hiibel tested a Nevada statute that isn't authoritative in California.

                      At the same time, it is wise to possess ID when out and about. If for some reason you find yourself arrested, even for a very minor traffic violation, the presentation of ID will make a release on citation possible. If you lack ID, then plan on a trip to jail.
                      Last edited by RickD427; 08-30-2014, 8:21 PM.
                      If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                      Comment

                      • #12
                        Garrett128
                        Member
                        • Aug 2012
                        • 205

                        In California, the only time you are required to show "satisfactory evidence of identification" is when you commit a Vehicle Code violation (40302VC).

                        But as RickD stated above, if you commit another Code violation, having ID could be the difference between being released on a citation or taken in.

                        Comment

                        • #13
                          TRICKSTER
                          I need a LIFE!!
                          • Mar 2008
                          • 12438

                          Originally posted by Garrett128
                          In California, the only time you are required to show "satisfactory evidence of identification" is when you commit a Vehicle Code violation (40302VC).

                          But as RickD stated above, if you commit another Code violation, having ID could be the difference between being released on a citation or taken in.
                          If you want to be cite released for any infraction or misdemeanor the officer can require that you provide "satisfactory evidence of identification". It is not restricted to the Vehicle Code. PENAL CODE SECTION 853.5-853.85
                          Last edited by TRICKSTER; 08-31-2014, 12:04 AM.


                          Never underestimate the power of stupid people in large groups

                          Comment

                          • #14
                            CBR_rider
                            Veteran Member
                            • Jan 2013
                            • 2686

                            Originally posted by TRICKSTER
                            If you want to be cite released for any infraction or misdemeanor the officer can require that you provide "satisfactory evidence of identification". It is not restricted to the Vehicle Code. PENAL CODE SECTION 853.5-853.85
                            Not much more to add...
                            Originally posted by bwiese
                            [BTW, I have no problem seeing DEA Agents and drug cops hanging from ropes, but that's a separate political issue.]
                            Stay classy, CGF and Calguns.

                            Comment

                            • #15
                              FresnoRob
                              Senior Member
                              • May 2013
                              • 2133

                              Originally posted by Tripper
                              Your statement kind of contradicts itself
                              Lack of ID is not cause in and of itself

                              He cannot take me to jail just to verify who I am using my prints, unless he has PC to detain me in the first place, which if I've never been printed, he STILL would not know who I am

                              Or, they can use something like AFIS/ABIS to the car to ID you, if your in the system

                              Sent from iPhone
                              Maybe worded it poorly my point was the lack of ID wasn't the cause.
                              The cause could be anything, trespassing for instance. If that was the cause and your identity can not be determined plan on a trip down town.

                              Comment

                              Working...
                              UA-8071174-1