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Thread: To give ID or not to give ID that is the question?

  1. #1
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    To give ID or not to give ID that is the question?

    Well as the title says if asked to give/show some forum of ID to a police officer would you? Now I know how most of you feel about this matter it's going to be a "Hell No!". But at the same time some people have the mind set that if you have nothing to hide just show them your ID. Still more have the mind set "Well if the officer is nice and not a *****" I will show him/her/them my id.While I have been unable to find a RSA law stating when you must provide id and when by law you can decline to show it. With out fear of being charged with disobeying a order from a police officer or disorderly conduct. Or been able to track down this phantom letter from the AG to police departs across the state stating OC is legal and OC only is no grounds for charges. I know Dave Riddley and Dobbie seem to talk of the law that states you don't have to provide ID when asked maybe they can share? I'm not sure about the rest of you but when you stand your ground with the police it sure is nice to be able to pull out the state law backing up what your doing. When you stand your ground it tends to make them make up laws out of thin air.

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    There is only one state in the Union that requires even mentions producing a state issued identification and even then it's gives as an alternative to stating one's identification.
    INDIANA
    IC 34-28-5-3
    Detention
    Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
    (1) inform the person of the allegation;
    (2) obtain the person's:
    (A) name, address, and date of birth; or
    (B) driver's license, if in the person's possession; and
    (3) allow the person to execute a notice to appear.
    As added by P.L.1-1998, SEC.24.
    IC 34-28-5-3.5
    Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession; to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
    As added by P.L.1-1998, SEC.24.

    Wikipedia has a fairly concise article on "Stop and Identify" although a few of the links are inoperative.

    If you cannot be required to carry identification except when performing a licensed activity, how can you be required to carry it 24/7? This is one of the differences between the US and places such as Europe where the subjects and citizens there Must carry identification.
    Last edited by Fallschirmjäger; 10-08-2010 at 09:01 AM.

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    New Hampshire Statute 594:2

    NEW HAMPSHIRE
    http://www.gencourt.state.nh.us/rsa/.../594/594-2.htm

    594:2 Questioning and Detaining Suspects. – A peace officer may stop any person abroad whom he has reason to suspect is committing, has committed or is about to commit a crime, and may demand of him his name, address, business abroad and where he is going.
    Source. 1941, 163:2. RL 423:21. RSA 594:2. 1985, 255:2, eff. Jan. 1, 1986.

    (Absent reasonable articulable suspicion of a crime, no authority to demand)

    One could reasonably argue that such laws are written to protect the citizenry from the police as much as anything else, as they specify when ID can be either requested or demanded and what information must be given.
    Last edited by Fallschirmjäger; 10-08-2010 at 09:07 AM.

  4. #4
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    Quote Originally Posted by Fallschirmjäger View Post
    NEW HAMPSHIRE
    http://www.gencourt.state.nh.us/rsa/.../594/594-2.htm

    594:2 Questioning and Detaining Suspects. – A peace officer may stop any person abroad whom he has reason to suspect is committing, has committed or is about to commit a crime, and may demand of him his name, address, business abroad and where he is going.
    Source. 1941, 163:2. RL 423:21. RSA 594:2. 1985, 255:2, eff. Jan. 1, 1986.

    (Absent reasonable articulable suspicion of a crime, no authority to demand)

    One could reasonably argue that such laws are written to protect the citizenry from the police as much as anything else, as they specify when ID can be either requested or demanded and what information must be given.
    Nice find mate! I was looking under the wrong RSA page ( was looking under NH RSA Crim code) It's always nice to have something liike this with you if and when you are stopped you can pull it out and hand it to them. Are you pro ID or anti ID? I still get a kick out of watching videos of people being stop while OCing and the cop/cops "saying well if you have nothing to hide then why not show us your ID". As if they can guilt you into handing over your ID and when that fails the bad ones resort to placing you in cuffs and asking you "how far your willing to take this" I point to a case in CA for this http://www.youtube.com/watch?v=QbhqsZED0sY .

  5. #5
    Regular Member Fallschirmjäger's Avatar
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    I've got about 17-18 pages full of Stop and Identify, Disturbing the Peace, Concealed Weapons laws and State Constitutions ... makes a handy reference that I can always turn to when I learn anything new

    Many laws are written to protect society from criminals, but it's the Fourth that protects you from the Police.
    Last edited by Fallschirmjäger; 10-08-2010 at 04:14 PM.

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