Just remember folks that there may be a local ordinance requiring such presentation of ID. Oh, and is everyone forgetting the Patriot Act? That's the one we need to watch being used. Some of your local laws might be here:
(3)Refuse to disclose one's legal name to a law enforcement officer upon being lawfully stopped, detained, or arrested by a law enforcement officer.
2 mistakes in interpretation.
1, DISCLOSE NAME, not provide identification card of any sort, it is indeed against the law to lie about it to the police.
2, LEGAL stop, detainment, or arrest. Kind of stupid to list stop since that is indeed legal detainment but who says ordinance writers need a brain.
Number 2 ONLY applies if you are being detained which REQUIRES RAS. If asked for identification, not offering it and requesting to know if you are being detained puts it back on the officer, he has to answer that question, it is a very important point of law. He does not have to tell you outright, but if you ask, he may not lie about that, if he says NO, then you are free to go without any further requirements and you should immediately do so.
If he says YES, you should invoke your right to remain silent, give your name and shut your mouth, it is time for a lawyer to speak for you.
Since he has identified he has RAS for detainment, it is over, don't even bother asking why. Simply respond "as I am under suspicion of a crime I will not be answering any questions, I will do not consent to any searches and I want a lawyer" and SHUT YOUR TRAP! That is the answer to ANY question he ask after he has indicated detainment, nothing else helps.
Some will say you are trying to force them to violate your rights just so you can sue, lots of other bs along side, but the truth is real simple, the officer is the only one who makes that CHOICE and he is under NO OBLIGATION what so ever to preserve your rights and is highly trained in circumventing them through consent. NEVER give it.
As a general rule, the courts say this detainment can last 19 minutes, by then he has to either let you go or make an arrest. That is not set in stone as it is one of those stupid "reasonable" times and circumstances can change it so don't resist at any level if it goes longer, the burden is on him to explain WHY and any level of resistance to it hands that to him.
In the entire process, should they hook you up, pretend your lips are superglued and never speak a word until you get a lawyer, nothing can help you. Do not object if they do not Miranda you, until they take you to an interrogation room, it is not required by law.
SCOTUS has made it clear, you MUST assert your rights verbally to retain them and did so in one of the stupidest rulings ever to leave the bench, even acknowledging it could be incriminating to do so, but since it did not apply to the particular case before the bench, it was not to be considered.
Go figure. Do not take my advice, speak with your own atty. I think you are going to find they are going to tell you the same thing, don't say a word. Speaking with my own, he clearly identified it would be easier to represent someone for NOT giving information required than it would be anyone who said too much.
On a very real note, most of the interactions go very smooth, but there are some officers who try and intimidate folks into talking, if it is a friendly encounter, by all means, be friendly and respectful, but the instant demands get made, raise the red flag and confirm if it is an official contact with "am I being detained" and take the proper actions if it is the case.
