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Are you required to show ID to an officer when asked?

ChronoSphere

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I've been searching both the state statues and google, and can't find anything that says you must show ID to an officer when asked (when not operating a motor vehicle, obviously you have to when you're driving). Anyone know anything about this?
 

Liko81

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Search this forum and you'll find quite a few threads on this subject.

In general, a police officer can detain you for any articulable reason relating to his duties as an officer. It's called a "Terry stop". During such detention, a failure to heed an officer's request for information, including a request for ID,is causefor arreston charges ofhindering an officer and/or obstruction of justice. There may have been no good cause to detain you, and thus any request for information made thereafter is illegal, but you're going to spend some time in cuffs and in a holding cellif you chooseto argue the point. You may beat the rap, but you won't beat the ride.

Some states codify your right to resist unlawful arrest or detention, with force if necessary, while others state that resisting arrest is a crime even if the arrest is found to be unlawful. Either way, telling a cop how to do his job is not a smart move.
 

ChronoSphere

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I'm talking specifically about Florida - in other states you do NOT have to show ID, specifically Virginia. I believe there, you have to provide your name, but you do not have to show an officer identification unless you're driving a vehicle.
 

Doug Huffman

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Believe nothing you read or hear without verifying it yourself unless it fits your pre-existing world view - especially when the 'suggestion' is from one who lies as a matter of course in his business.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and the truth. NRA KMA$$
 

brboyer

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The only statute that 'requires' an individual to ID themselves is the loitering statute, but as you can see it only covers certain places/times. So generally the answer to your questions is No.

856.021 Loitering or prowling; penalty.--
(1)It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(2)Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
(3)Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
 

Mainsail

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You can always ask the officer. “Am I required by law to provide you with this information?” If he tries to divert by asking something unrelated like, “Why wouldn’t you want to show me your ID?” then you probably have your answer.
 

ChronoSphere

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There's a protest thay I may be attending - hence these questions. The protest is against an organization known for harassment and retributive acts. I'm toying with the idea of carrying no identification at all for the event, no credit cards, no ID, nothing. I'm starting to wonder if I should ask a FL attorney this.
 

ilbob

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ChronoSphere wrote:
There's a protest thay I may be attending - hence these questions. The protest is against an organization known for harassment and retributive acts. I'm toying with the idea of carrying no identification at all for the event, no credit cards, no ID, nothing. I'm starting to wonder if I should ask a FL attorney this.

One would hope the organization would have legal help available for such questions way ahead of time.

Does identifying one's self actually even require an ID card? Simply stating one's name ought to be sufficient.
 

ChronoSphere

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There is no "organization" that is running this protest. Having some sort of entity means the target of the protest would have something to attack or harass. In any case, I was hoping that I could get some answers here, but there isn't anyone who can answer this but an attorney I suspect, so there I will go next. Thanks for everyone's help so far.
 

Mike

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Liko81 wrote:
It's called a "Terry stop". During such detention, a failure to heed an officer's request for information, including a request for ID,is causefor arreston charges ofhindering an officer and/or obstruction of justice.
Well, no, it's certainly not cause for arrest if you mean "lawful cause."
 

G27

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ChronoSphere wrote:
There's a protest thay I may be attending - hence these questions. The protest is against an organization known for harassment and retributive acts. I'm toying with the idea of carrying no identification at all for the event, no credit cards, no ID, nothing. I'm starting to wonder if I should ask a FL attorney this.
There is no law that states you have to carry any form of identification. This isn't Nazi Germany. If you're not driving and don't need identification to go about your daily life, then I see no reason why you couldn't go about not having any identification. And if you are detained/arrested your name, DOB, and address can easily be given to obtain your identity.
 

Wynder

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Liko81 wrote:
In general, a police officer can detain you for any articulable reason relating to his duties as an officer. It's called a "Terry stop". During such detention, a failure to heed an officer's request for information, including a request for ID,is causefor arreston charges ofhindering an officer and/or obstruction of justice.

This is false... The officer must have reasonable articulable suspicion that you have committed, are currently committing or are about to commit a crime. What Liko writes can actually be read as, "My articulable reason is that the suspect is wearing a watch."


Florida's closest thing to a Stop & Identify statute is [size="-1"]856.021 Loitering or prowling; penalty.--

[/size]
[size="-1"](1)It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.[/size]
[size="-1"]
[/size]
[size="-1"](2)Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.[/size]

----------------

Most statutes you'll find simply require you to state your name, address, perhaps date of birth and business/destination. As someone has previously mentioned, you're not required in the US to carry around your papers.
 

Doug Huffman

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Doug Huffman wrote:
Believe nothing you read or hear without verifying it yourself unless it fits your pre-existing world view - especially when the 'suggestion' is from one who lies as a matter of course in his business.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and the truth. NRA KMA$$

QED
 

giblackjack

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From the FL gov't website:


790.06 License to carry concealed weapon or firearm.
-- (1)The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.




Hope the above helps! :cool:

edit: oops! somehow cut off the 7 in 790!
 

Liko81

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Wynder wrote:
Liko81 wrote:
In general, a police officer can detain you for any articulable reason relating to his duties as an officer. It's called a "Terry stop". During such detention, a failure to heed an officer's request for information, including a request for ID,is causefor arreston charges ofhindering an officer and/or obstruction of justice.

This is false... The officer must have reasonable articulable suspicion that you have committed, are currently committing or are about to commit a crime. What Liko writes can actually be read as, "My articulable reason is that the suspect is wearing a watch."

Most statutes you'll find simply require you to state your name, address, perhaps date of birth and business/destination. As someone has previously mentioned, you're not required in the US to carry around your papers.
And if you don't, that's failure to heed an officer's request for information. In addition, providing false identification to an officer who has lawfully arrested, lawfullydetained, or has cause to believe you are a witness to a crime is also a criminal offense in most states. Thus, it follows logically that the officer can verify identity if possible. The law thusdoes not compel you to carry ID, but if the officer can articulate reasonable suspicion of a false identity and you cannot or will not verify it, you can be arrested for failure to identify and held until your identity is verified.

In addition, it is illegal in Texasto resist an officer's arrest, detentionor search by force, even if the officer's action is unlawful.It is also illegal to flee from an officer who is attempting to arrest or detain. Therefore,if an officer stops you to ask you a question regarding a reported or suspected crime,you are being detained.If you fail to answer and attempt tokeep walking, that is evading detention. If you give false information (including sarcastic answers like "Joe Blow") that is failure to identify. You are now suspected of a crime for which youcan bearrested. Failure to identify yourself at that point is an additionalcriminal offense, and if you start making a scene ("take your hands off me!") and back it up with even a slap or a wrench to the wrist you are in deep water. All of this means that trying to stand up for your rights by treating an officer like he does not exist is a VERY bad decision, and if the officer's having a bad day and you irk him further by blowing him off,he can very plausibly make you cool your heels in a squad car or holding cell, all within the letter of the law, and he will face not one word of censurePROVIDED that he was trying to do his job when you blew him off.

All that said, that's Texas law and other states may grant officers more or fewer tools under the law to get what they need. I do not know Florida statutes (though statute 90 above looks pretty cut-and-dried if you have your weapon with you), but I imagine if you treat a cop like dirtyou won't getmuch further. They are human, and it is only common courtesy and a few seconds' inconvenience to answer the officer's questionsand then politely excuse yourself, and it's a Pandora's box to do otherwise.
 

SeekingInfo

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I have a question similar to the original. I live in an apt complex in FL which has just signed a contract with a new security company. Does this company have any right to ask me for identification - or am I correct that only an officer of the law has any right to ask for my identification.

Thanks,
Seeking
 

Wynder

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SeekingInfo wrote:
I have a question similar to the original. I live in an apt complex in FL which has just signed a contract with a new security company. Does this company have any right to ask me for identification - or am I correct that only an officer of the law has any right to ask for my identification.

Thanks,
Seeking

If you're seeking entrance onto their property, you need to adhear to their policies if you wish to actually gain access. You're absolutely not required to show your ID, but then again, you won't be allowed on the premises. :)


EDIT: If you're talking about walking around the premises and you're questioned by one of the security officers, once again, they have the right to toss you off of their grounds if you don't undergo their questioning.

Property rights generally trump your rights (except for the right to live, etc.)
 

brboyer

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Well, the property owner (through the contracted firm) can require some type of identification proving that you actually live there, but cannot force you to show a DL. Some people don't have a DL.

This identification process must be spelled out in the rental agreement.

Renters have many protections spelled out in Florida Stautes... INAL, but this one may be relevant:

83.67 Prohibited practices.--
. . .


(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means . . .

You should really work out the details with the landlord and/or an attorney. (Me, personally am not showing ID to anyone to gain access to my 'Home')
 

swillden

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Liko81 wrote:
In addition, providing false identification to an officer who has lawfully arrested, lawfullydetained, or has cause to believe you are a witness to a crime is also a criminal offense in most states. Thus, it follows logically that the officer can verify identity if possible.
I don't think that follows at all.

The officer asks your identity. You reply and give him a name and an address. What gives him probable cause to believe that you lied? Assuming you're not a politician, the mere fact that you opened your mouth doesn't mean you lied.

Without some reason to believe that you're lying, I can't see how the officer is justified in requiring you to hand over an identification document.
 

tarzan1888

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I have been stopped a total of 3 times by an officer, while I was carrying.



Two of those times I showed the officer my identification and my carry permit. In those two instances I did not receive a ticket.

In the third incident I did not show the officer my carry permit, and in that instance I did receive a ticket.

These are just a recital of incidents in my life, draw your own inferences.



Tarzan
 
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