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when to produce ID question....

Onnie

Regular Member
Joined
Sep 16, 2010
Messages
664
Location
Maybee, Michigan
You got some case law I can look up?

bump #18 here supreme court decision in Brown Vs Texas

If he stopped a car you were a passenger in, unless you were breaking the law there is no duty for you to id yourself. Can he ask sure he can ask, do you have to id, not according to the supreme court
 
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sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
Guys, this was discussed before. In the case of Hiibel vs. Nevada SCOTUS determined that states can have laws requiring that people must provide ID. But, this is subject to State Law. Also, ID producing requirement should be limited in scope. So, if certain states have such "Stop & ID" laws, then a person must ID him/herself when stopped and asked so by LEO. If a state does not have any "Stop & ID" laws, then a person has no obligation to provide ID or, even verbally to ID. Last time I checked, Michigan had no "Stop & ID" laws at all. This means that, in theory, one is under no obligation to provide ID or verbally ID in Michigan regardless at what stage your interaction with LEO is (voluntary encounter, detainment or arrest). In practice, it makes sense in certain situation refuse to ID during first two stages mentioned above. However, once arrested, it no longer makes sens, in my opinion. One reason is because refusing to ID (lets say a person carries no ID, so search did not produce one) will not allow you to secure a bond and you will remain in jail.

Nevada vs. Hiibel ----> http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_District_Court_of_Nevada
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
You do not have to ID yourself if a passenger. No more than if you were walking down the street.

If you are CCing then yes you must disclose, then wait for the officer to ask to see your CPL.

My thoughts as well. Just because the police in some cases have a legit right to detain you and attempt to ID you does not mean you are required to assist them, you just can't physically resist if they have RAS or PC. In some unconstitutional circumstances state law illegally requires showing ID, but other than CCing, driving, hunting and some other things, there is no reason to feel obligated to show ID to a cop.

Threats of being charged with "obstructing" for not showing ID mean little when faced with the 5th amendment.
 
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