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Thread: Stop and ID statute

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    Hi everyone. I was just reading the forum for Open Carrying in Washington. A gentleman named Sandy was talking about ocing in the Belluve mall. The police were involved. Another Gentleman named Mike ( Super Moderator) asked if Washington had this Law. Stop and ID statute. Sandy said that Washington did not. From my understanding of these stories is that We the People are not Obligated to carry ID as We are told by LEO's. My question is does Idaho have this statute? I have OCed in Coeur d' Alene and have never had any problems.:?

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    A while back US SC ruled in Kolender v. Lawson that a law requiring folks to generally carry ID and show them on demand is unconstitutional.

    But thenlast year the US SC upheld 5-4 in Hiible v. Nevada a nevada statute requiring folks to state their names on demand by LEOs assuming the LEOs had detained them properly under reasonable suspician of breaking a law, a so-called Terry stop - the penalty for remaining silent was a very small fine. The Hiibel opinion was very weird, noting that bad guys with a legitamate 5th amendment reason to refuse to stste their name would be constitutionally protected from statugtheir name.

    Most states and localities have no stop & ID laws, and the VA legislature specifically rejected such a bill in 2005.

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    Thank You Mike for replying. So what you are saying is that We are required to carry ID then? I am sorry if I sound stupid, but I am trying to understand this law.

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    Opps sorry I mean that We DoNot have to have to carry ID then.

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    Hi Mike. This is Jeff again. I called Idaho State Police and asked about a Stop and ID statute in Idaho and there IS NOT ONE. Thank You for your replies last night and the Info. Take Care, Jeff.

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    Mike wrote:
    A while back US SC ruled in Kolender v. Lawson that a law requiring folks to generally carry ID and show them on demand is unconstitutional.

    But thenlast year the US SC upheld 5-4 in Hiible v. Nevada a nevada statute requiring folks to state their names on demand by LEOs assuming the LEOs had detained them properly under reasonable suspician of breaking a law, a so-called Terry stop - the penalty for remaining silent was a very small fine. The Hiibel opinion was very weird, noting that bad guys with a legitamate 5th amendment reason to refuse to stste their name would be constitutionally protected from statugtheir name.

    Most states and localities have no stop & ID laws, and the VA legislature specifically rejected such a bill in 2005.
    Summary of Hiibel.

    http://www.oyez.org/oyez/resource/case/1684/



    ProguninTN

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    ProguninTN. Hi. I just read the link that you left me. It was very informative. Thank You very much. Also on another note. You left a response to a forum about a SmartCarry holster. I have been using 1 since Jan.16,2006. I normally wear short pants. I have never been Made by Anyone. It is also so comfortable that you forget it is there. I have carried a Taurus PT-111 in 9mm and a S&W 40 cal. in it. I have done just about anything with it on and have had No problems with it at all. My Only suggestion is to get the Security model one. It has a pocket on the back side for your wallet,mag,knife,etc. It is an Excellent holster to add to your collection. Take care and Be Safe.

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    I'm glad I could help. Thank you for the holster advice. The Smart Carry may help me conceal a Ruger P-Series. I like them, but they could be described as "bricks".

    ProguninTN

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    CDA CWP wrote:
    Hi Mike. This is Jeff again. I called Idaho State Police and asked about a Stop and ID statute in Idaho and there IS NOT ONE. Thank You for your replies last night and the Info. Take Care, Jeff.

    Let us all be clear here.

    What you have discovered is that in Idaho, like the vast majority of US states, generally, the police cannot charge you with any offense for notidentifying yourself to them because no such offense exists.

    HOWEVER, if you are exercising any privileges or immunities granted you by a concealed carry permit, and such permit requires that it be carried with ID, THEN you may be required to show the ID upon demand.

    For example, let's use VA. In VA, open carry is perfectly legal without government permission. However, if I am walking just outside the border of school property, then I am inside the bounds defined by The Federal "Gun Free School Zones" Act and am only immunized from prosecution if I possess a valid VA CHP. Since my VA permit requires that I carry ID when using the privileges and immunities of the permit, I must show the permit and ID upon demand of an officer in THIS situation.



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    jpierce. Hi. Yes I understand what you are saying. And I totally AGREE. I have lived in a few other states and I have ALLWAYS been told that you are required to carry Photo ID everywhere by LEO's. Example: walking down the street, sitting in the city park on a bench so and so forth. This was the 1st time that I had Ever heard this law and I was trying to get clarification of it. I Do understand that this Has Nothing to do with Weapons carrying Openly or Concealed. I understand this now and I Won't be bring this Off subject up again. Thank You and Have nice evening. Jeff.

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    CDA CWP wrote:
    I understand this now and I Won't be bringing this off-subject up again.
    No need to be shy. If another aspect of the same question comes up, we will be glad to help answer it.

    We have a lot of very knowledgeable people on here who are very passionate about personal rights and freedoms. They will always stand ready to answer your questions (and possibly argue with each other as they do it ).



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    I had read once that some southern states have statutes on that book that allow you to be charged with vagrancy if you do not have a certain amount of money on you or some kind of ID.

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    ilbob wrote:
    I had read once that some southern states have statutes on that book that allow you to be charged with vagrancy if you do not have a certain amount of money on you or some kind of ID.
    I have heard about needing to carry id, but I've never heard of not enough money on your person.

    ProguninTN

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    "Carrying ID statutes" were ruled out by the SC in Kolender v. Lawsen long ago.

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    Mike wrote:
    "Carrying ID statutes" were ruled out by the SC in Kolender v. Lawsen long ago.
    Oh yeah. Forgot about that one.

    ProguninTN

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    another thought, Idaho law does require that you be 18 to OC, or with someoneat least that old. If you do walk around without ID while you OC, and you look young, be prepared to be hassled. I don't think LEO's can ticket you, but they can take their time finding out who you are.

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    Just to clarify for all you non-Idahoans.

    We are NOT required to carry our CWP while CCing. I repeat.... we are NOT required under law to carry our CWP while CCing. Funny though, as you ARE required to carry your DL while driving or risk a misdemeanor... though even that charge is 100% guranteed to be dropped when/if you show that you had a valid DL at the time, but simply didn't have it on you at the time of the stop.

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