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Personal Identification KRS law ?

Zenaku007

Newbie
Joined
Jun 13, 2016
Messages
1
Location
Ky
Mike wrote:

And I am speaking of the general principle of good faith, not what is spelled out in one particular decision.

In general, if I think what I am doing is lawful, and can reasonably articulate it as so, I am covered. I might make myself seem like a totally ignorant twit in spelling out my reasoning, but I am still covered.

Ok, explain this: if it is not required by law to have identification on you in the state of sky, and you, as a LEO, know this, before I go any further, how long have you been on the force? I ask that because a couple of friends of mine were stopped tonight, just as a casual conversation, and the cop requested ID from them. My male friend didn't have his ID, and the cop sat there and said "in the state of KY, it is required to have some form of identity on you." I happen to overhear that and said, "excuse me, but no it isn't. I have the laws on my phone to prove it." He looked at me in a condescending tone and said, "son, I've been on the force for 35 years, and it has ALWAYS been a law. Now, can I see your ID?" "I looked back at him, asked him, "Am I being detained, or am I free to go?" "You are free to go." I looked back at him and said, "well, in that case, by law, I'm not required to show you ID, you have a nice night." And walked off.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
dear new poster...welcome, to the forum, however, you have responded to an 8 year olde thread...

great story w/good outcome...

ipse
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I'm wanting to know if there is a KRS that requires a Kentucky resident to obtain and have on their person, some form of government issued identification at all times when out in public.

I would especially like to hear from any KY police officers on this subject.

I know of no state that mandates the carriage of a hard-copy ID of any sort.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Look harder and longer until you find it. Then and only then come back and post the result(s). :p

For interested readers, the relevant US Supreme Court (SCOTUS) case seems to be Kolender vs Lawson. In this case, California law required a detainee to provide satisfactory identity documentation to a questioning police officer or face penalty. SCOTUS ruled the California statute too vague, giving the police officer too much latitude to issue a summons or arrest. What satisfies the requirement? A utility bill? What if the cop decided well prior to the encounter that he would only accept a state-issued identity document, but the person only had a utility bill on him? You see the problem. So, SCOTUS shot down the California statute.

But, here is the crux of the issue. I have seen at least one state statute (mid-West?) that gets around Kolender by requiring a detainee to provide to a requesting cop a drivers license or state issued ID card if he has it on him at the time.
 
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