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Thread: Identification Please

  1. #1
    Regular Member dmatting's Avatar
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    Identification Please

    Does North Carolina have any laws requiring one to produce identification if demanded by a cop? (I'm not referring to a traffic stop) I'm thinking not, but thinking ain't knowing.

    I would assume that if one is detained or arrested they would produce ID, but again, I don't know...

    Thanks

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    North Carolina is not regarded as a "Stop and Identify" state.
    You're only required to carry a license...and that's only when performing a licensed activity.

  3. #3
    Regular Member dmatting's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    North Carolina is not regarded as a "Stop and Identify" state.
    You're only required to carry a license...and that's only when performing a licensed activity.
    Thanks. Anyone else want to chime in? Specifically regarding IDing if arrested? Would one be required to give their name and address and other info like that? Or can one stay completely silent for ALL questions?

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    Regular Member Fallschirmjäger's Avatar
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    (Not a legal opinion and I'm not in law enforcement, but .....)
    If arrested, then the individual can remain silent all he wants, they'll just run his fingerprints or he'll be held as a "John Doe" until the situation is resolved. Not like they're going to release him on his own recognizance if they can't recognize him, right?
    As for staying silent, consider what charges could/would be brought if he was born mute, and the only sign language he knew was Ter Sami?

    Hmmm... that reminds me; I need to brush up on my conversational Espranto.
    Last edited by Fallschirmjäger; 09-21-2011 at 01:05 PM.

  5. #5
    Regular Member smlawrence's Avatar
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    I've read all sorts of opinions on the matter when googling the subject. I think if an officer stopped me while walking and asked my name I would say "Scott and your name is?". After that I'm going to want a good reason for any further questions pertaining to identification. He might be someone that I used to know and didn't recognize from the past or something. Unless their being a ***** about it, then its the "Am I being detained, am I free to go". Here is a thread I found when searching the forum... http://forum.opencarry.org/forums/sh...p-amp-identify

    Honestly, I don't see the need to be offensive unless its the way your being treated.
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    Regular Member ImJustMylan's Avatar
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    My whole thing is that, I really am not agaist LEO's stopping me. I just have a thing against.... stopping me because you got a call about me OC'ing VS. Stopping me because u have a HUNCH that im up to something. Some people on OC.org dont understand that YOU HAVE RIGHTS too... even murderers have rights.

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    sadly, many are just cop fetishists and think anything they do is 'right.'

    that being said... the HIIBEL case has ruled that one must now speak in order to express to the cops that they want to remain silent and have ruled that stating your name is not 'self incriminating' and therefore not a violation of the 5th amendment during a detainment. if it is a mere police contact, you can legally tell them to F off. make sure to understand whether you are being detained or if you are free to go repeatedly before answering or refusing to answer any questions.
    and please note: stating your name and showing an ID are to totally different things.

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    This has been pretty much covered above, but I like this opinion too and it's a quick read:

    From this site: http://policehelp.net/rollcall.html

    Read this: http://policehelp.net/pubs/2004/rollcallv3n7.pdf


    I
    t's important to consider the source of the above advice to officers. It's not an ACLU type of organization - it's a firm that represents police departments across NC.

    So after reading that (especially the WARNING not to use failure to ID as cause to arrest) you would think it's a cut and dry issue.

    But I was arrested last year for this very thing. OC'ing, approached by officers, politely refused to show them my ID but volunteered to leave the business if that is what the owners wished. They didn't like that so they slapped cuffs on me and hauled my ass away. The DA dismissed the charge, but that was 3 appearances and 5 months later while the police held my favorite pistol for the duration. Also spent most of a night in jail, had $1,500 tied up in a cash bond, and paid my attorney another $1,500. Uncomfortable experience? Yes. Would I make the same decision tomorrow? Yes.
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    From the same site that Smith45acp posted, this is also worth a read: http://policehelp.net/pubs/2009/qv8n11.pd
    It's in the 2009 roll call training referring to NC Open Carry.

  10. #10
    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Smith45acp View Post

    ...I was arrested last year for this very thing. OC'ing, approached by officers, politely refused to show them my ID but volunteered to leave the business if that is what the owners wished. They didn't like that so they slapped cuffs on me and hauled my ass away. The DA dismissed the charge, but that was 3 appearances and 5 months later while the police held my favorite pistol for the duration. Also spent most of a night in jail, had $1,500 tied up in a cash bond, and paid my attorney another $1,500. Uncomfortable experience? Yes. Would I make the same decision tomorrow? Yes.
    Wow...it took an amazing resolve to go through all you went through, and then to be willing to endure it again!

    Thanks for sharing your personal story with us.

  11. #11
    Regular Member papa bear's Avatar
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    Quote Originally Posted by MilProGuy View Post
    Wow...it took an amazing resolve to go through all you went through, and then to be willing to endure it again!

    Thanks for sharing your personal story with us.
    Yeah, thanks SMITH45ACP
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    Fixed above link. Good read.

    http://policehelp.net/pubs/2009/qv8n11.pdf

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    Quote Originally Posted by brutus1776 View Post
    sadly, many are just cop fetishists and think anything they do is 'right.'

    that being said... the HIIBEL case has ruled that one must now speak in order to express to the cops that they want to remain silent and have ruled that stating your name is not 'self incriminating' and therefore not a violation of the 5th amendment during a detainment. if it is a mere police contact, you can legally tell them to F off. make sure to understand whether you are being detained or if you are free to go repeatedly before answering or refusing to answer any questions.
    and please note: stating your name and showing an ID are to totally different things.
    Hiibel did not rule that. Hiibel ruled that in states with clear "Stop & ID statutes", LE can require you to identify yourself, given RAS.

    The other was a different case, Berghuis v. Thompkins
    Last edited by wrightme; 10-01-2011 at 10:00 AM.
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    thanks for the clarification writeme

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