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AK47hero

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if stopped for OC am i required to show ID? maybe an old question but i like to flex my rights.

thanks for any replies
 

ecocks

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As you probably read on the other thread, you are under no requirement to provide ID as long as the legal presence of your gun is the only motivation for the stop/police contact. You can provide identification if you wish, invite the officer to sit and chat a bit or simply excuse yourself and continue on your business.

If there are reports raising questions as to your behavior orstatements which do provide the officers with cause to investigate, then you can be required to show your ID. Making threats, brandishing,etc. are among the actions whichcan givean officer RAS and escalate the situation.
 

Fallschirjmäger

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Citizen wrote:
Cites, please.
What citation are you asking for, one that says a citizen isn't required to show identification?

How does one cite to a law that does not exist? Any citation would pretty much have to be to a law that requires a citizen to identify themselves, wouldn't it?
 

ecocks

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1. Open Carry is a legal activity in Idaho, no crime is in progress.

2. Read up on the 4th Amendment of the U.S. Constitution.

3.Google "Reasonable Articulable Suspicion".

For further understanding read up on Terry Stops andprobable cause.
 

IndianaBoy79

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It should be noted that while choosing to exercise this right (or any other for that matter) it is wise to determine if you have been asked or COMMANDED to do something. I will always refuse so long as they are asking. If they are commanding, I will comply...always. It's best, as Ecocks mentioned before, to not make scenes and attract negative attention. If at any point the officer gives a command to show your I.D. you shouldn't hesitate or try to argue your rights. This is best left for the courts if you really feel you've been violated that badly.

When you get a chance, research the forum for "sterile carry". This is how I usually O.C. and showing I.D. becomes a moot point if I have none on me.
 

OCinColorado

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IndianaBoy79 wrote:
It should be noted that while choosing to exercise this right (or any other for that matter) it is wise to determine if you have been asked or COMMANDED to do something. I will always refuse so long as they are asking. If they are commanding, I will comply...always. It's best, as Ecocks mentioned before, to not make scenes and attract negative attention. If at any point the officer gives a command to show your I.D. you shouldn't hesitate or try to argue your rights. This is best left for the courts if you really feel you've been violated that badly.

When you get a chance, research the forum for "sterile carry". This is how I usually O.C. and showing I.D. becomes a moot point if I have none on me.
Where do I find the forum for "sterile carry"?
 

Fallschirjmäger

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There really isn't a forum for "sterile carry", it's more of a concept.
Carrying "sterile" means to carry only the minimum legally required documents. In other words, the driver's permit is left in the car. Or, if one is required to produce identification while carrying then producing a form of identification (such as a passport or passport card) that doesn't reveal one's address.

My driving license stays almost permanently in my car, it's the only one I drive so it's always there. For 'walking around' purposes, I have a government issued passport card (good for 10years (i believe) and a bargain at the price).
passport_card1.jpg
 

rpyne

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Fallschirmjäger wrote:
Citizen wrote:
Cites, please.
What citation are you asking for, one that says a citizen isn't required to show identification?

How does one cite to a law that does not exist? Any citation would pretty much have to be to a law that requires a citizen to identify themselves, wouldn't it?
The cite I would like is what does Idaho law say about the power of a police officer to require (request) identification. My time has been limited but I have not yet found anything in Idaho law authorizing police to request or require identification.
 

DCR

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You won't find anything in Idaho law about the topic because it has not been addressed by the legislature, so it's impossible to cite a specific Idaho statute.

You'd have to research case law for the principles regarding any "requirement" to produce identification, since "the law" on that topic arises from the courts' interpretations of the U.S. and/or Idaho constitutional protections to individuals, not some specifically enumerated statute.

BTW, folks, in many ways, state constitutions give MORE protection to individuals than the U.S. Constitution. Think of the U.S. Constitution as the bare minimum level of individual rights that exist, but that states are free to grant even more protection than that bare minimum. Brownie points to those who find Idaho's constitutional provisions regarding firearms and other individual rights that are touched on by this thread....:)
 

John Wolver

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Just remember the old addage... do unto others..... In other words, be polite, be nice, and whoever you meet, officer or citizen, treat them right and youll be treated right. I say this with lots of experience in having police run ins.
 

AK47hero

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im always polite and never raise my voice, its usually the police that are disrespectful toward me.
 

johnfenter

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As I recall from talking to Mike S., "Sterile carry" is carrying NO identification on you. I cannot recall anyplace in the USA that requires you to carry any form of identification cards or papers when you are a pedestrian, or even as a passenger in a private vehicle, city bus, subway train, commuter train, etc. I often open carry here in VA while leaving all ID locked in the car, with about $50 cash on me to pay for lunch/dinner. If there's no state law requiring you to carry your Soviet internal passport at all times, then there can't be a law requiring you to show your papers to the police. Obviously, while driving, you need a driver's license. To get into a city recreation center, you need a city rec ID. Etc. And if you are CCing your backup firearm, you need your permit/license to do so.

Bottom line; you can't be bullied into providing ID papers if you don't have them...
 

Citizen

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Fallschirmjäger wrote:
Citizen wrote:
Cites, please.
1) What citation are you asking for, one that says a citizen isn't required to show identification?

2) How does one cite to a law that does not exist? Any citation would pretty much have to be to a law that requires a citizen to identify themselves, wouldn't it?

Yes. Can't really cite a negative. However, there was more than one statement of law in Ecocks post:

As you probably read 1.on the other thread, you are under no requirement to provide ID 2. as long as the legal presence of your gun is the only motivation for the stop/police contact. You can provide identification if you wish, invite the officer to sit and chat a bit or simply excuse yourself and continue on your business.

3. If there are reports raising questions as to your behavior orstatements which do provide the officers with cause to investigate, then you can be required to show your ID. Making threats, brandishing,etc. are among the actions whichcan givean officer RAS and escalate the situation.


Ecocks cleared things up a bit with his next post. Although not really cites, he at least pointed the reader in the direction of beginning to find answers.

However, one statement of law is still uncited. See my next post.
 

Citizen

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ecocks wrote:
SNIP ...If there are reports raising questions as to your behavior orstatements which do provide the officers with cause to investigate, then you can be required to show your ID...
Cite, please. What is the statute or ordinance that requires an Idahoan to provide ID to a cop upon demand?
 
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