Cop: "Can I take a look at your ID?"
Citizen: "Why sure, officer. How you're going to figure out which of 5 million in the MO database is mine, I don't know. But, you're welcome to look."
Seriously, though. The discussion about the police needing RAS (assuming there is an ordinance or statute, too) misses something really, really important that is not at all obvious from reading the statutes and ordinances: the cop doesn't have to tell you whether or what his RAS is. I've never seen a statute or court ruling requiring it.
Basically, you would have no way to know whether the cop had the necessary RAS. Meaning, if you withhold your identity, and there is a statute or ordinance, and it turns out he does have genuine RAS, you could be facing a citation. I've seen some stop-and-identify statutes and ordinances where the penalty was pretty serious. Not a felony, but a fairly strong misdemeanor.
It starts with RAS and
Terry vs Ohio. At the end of
Terry you will see the court said that each incident will have to be judged on its own facts. What does that mean for our discussion? It means that the
court judge is the one who decides whether RAS existed. And, he is doing it after the fact. Meaning
after you have been cited or arrested.
It is up to the courts to decide whether RAS existed. Meaning, not you. I have never read a court case where the defendant got to decide whether RAS was valid during the detention. In fact, I have read one state case said in so many words that the detainee doesn't get to decide. (Christian v Commonwealth of VA)
Now, you have to realize that courts have been churning out reams of decisions since
Terry as to whether the circumstances for this or that detention amounted to genuine RAS. Forty years of decisions. Do you know which circumstances have been ruled as sufficient for RAS? Do you think you can figure out whether your detention--while it is occurring--is close enough to the circumstances of an earlier detention that have already been ruled enough for RAS? Do you think you can correctly guess what the judge you get will rule regarding RAS of your detention.
Do you know whether the courts allow cops to judge circumstances in light of their own experience as LEOs?
If the detainee guesses wrong about any of that, he's likely in trouble. And, realize that this is
after the cop cites or arrests him.
If the
cop thinks he has RAS, that is what is going to count during the encounter itself.
What can you do? I am not a lawyer; can't give legal advice. But, I can tell you what I will do:
"Officer, I will provide my identity. I do not consent to providing it. But, since you have demanded it in a way that makes me think compliance may be compelled, I will give it to you. You are demanding it, yes?"
This preserves my legal standing (see the FlexYourRights videos for info about consent). If it turns out later the cop did in fact not have RAS for the identity demand, then I've got another bullet-point for my formal written complaint or lawsuit. And, I will be checking to find out whether he did or not.
