Posts Tagged ‘government ID’

More on police encounters

March 14, 2015

Normally, when a leo approaches a citizen (not a driver of a vehicle), the asking for the ID happens pretty quickly. All of what I’m writing here has to do with Florida, so if you live in another State, this probably doesn’t apply.

When do you have to give him your ID? and what is an ID? and are you required to carry a government ID with you?
1) are you required to carry a government ID? No.
2) Leos want to pull as much information out of you, so they can do a warrants check. About 50% of arrests in FL on a daily basis, involve arresting someone with an outstanding warrant.
3) Do you have to give him this information?

You have the right to remain silent. But giving up your name is a function of whether the leo has a RAS (reasonable articulable suspicion) in order to detain you in the first place. Many of these Stop and ID cases revolve around a couple of statutes. Obstruction without violence and Loitering and prowling. Sometimes trespass or trespass after warning. For instance, a leo approaches a homeless guy sitting near a convenience store. He asks the guy for an ID. The guy tells him to piss off (usually a juvenile, but the homeless guy’s do it too). The leo arrests him for obstruction without violence. But then during the discovery phase, the leo is asked what happened. He says that he asked the gentleman for his ID, he refused to give it up, so he arrested him under 843.02 on the theory that the homeless man has to give the leo his ID during a valid “Terry Stop”. But the court wants to know what the reason was for the approach in the first place. Well, he really didn’t have one, but the guy didn’t give up his ID so I arrested him. Case dismissed.

Or the leo says that he suspected the homeless guy of loitering and or prowling so he went to investigate. Again case dismissed, because leos aren’t supposed to “investigate” a claim of loitering and prowling. or the leo says I was investigating whether he was trespassing and was going to issue a trespass warning and needed his ID. Wrong again, a leo doesn’t need the guy’s ID to issue a trespass warning, so the guy doesn’t have to give it up for that. So, what legal theory does the leo have to request or demand an ID? not much, unless he witnesses a crime in progress or something that causes immediate alarm. However, the reason they always ask for ID, is because 95% of people give it up, so why not ask?