RebelWolf
Regular Member
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Here is an article that I wrote on this subject of "if" you "have" to produce an ID to an officer. http://wp.me/p1hlKV-2u It expands on the information listed below.
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Hi, I'm new to being a member of this board, and after reading it for the past couple years, decided to join (and hopefully add some good information).
As a fellow OC'er and CCWPH I have found the information here useful. However, there was always one question that I had found a limited answer to: "Do I have to show my DL to an officer for purpose of ID of who I am, IF I'm Not driving a car?" One of the answers I happened to on here was, of course, that the LEO's can't stop you for just OC'ing.
C.R.S 16-3-103 Stopping of suspect
What I didn't see in this statute was what I recently found tonight, and thought it might be of some use to someone else.
C.R.S 42-2-115. License, permit, or identification card to be exhibited on demand.
To me this say's that no, I am not required by the state to produce an ID card to an officer if I am not operating a motor vehicle. I think I can also safely infer that I don't have to have an ID of any kind on my person. What I "may" have to do is give a LEO my name and birthdate "only" if I am suspect of some kind of crime. To me, this is useful since I go jogging a lot, and OC while doing so. It's hard to CC a Xdm .40 when you have minimal clothing on.
As an avid 2A rights activist, I strongly support anyone in standing up for their God Given Rights as Americans. Stand up for yourself, your family, and most importantly, your Freedom. Allowing the Government, and/or it's agents to bully the people they SERVE is unacceptable.
I hope this information helps someone else, as it will undoubtably help me in the future!
Feel Free to share, and sticky this information!
Peace be to you all,
RebelWolf
Here is an article that I wrote on this subject of "if" you "have" to produce an ID to an officer. http://wp.me/p1hlKV-2u It expands on the information listed below.
****end****
Hi, I'm new to being a member of this board, and after reading it for the past couple years, decided to join (and hopefully add some good information).
As a fellow OC'er and CCWPH I have found the information here useful. However, there was always one question that I had found a limited answer to: "Do I have to show my DL to an officer for purpose of ID of who I am, IF I'm Not driving a car?" One of the answers I happened to on here was, of course, that the LEO's can't stop you for just OC'ing.
C.R.S 16-3-103 Stopping of suspect
"In order to lawfully detain an individual for questioning: (1) A police officer must have a reasonable suspicion that the individual has committed, or is about to commit, a crime; (2) the purpose of the detention must be reasonable; and (3) the character of the detention must be reasonable when considered in light of the purpose. People v. Stevens, 183 Colo. 399, 517 P.2d 1336 (1973); People v. Montoya, 185 Colo. 299, 524 P.2d 76 (1974); People v. Mascarenas, 726 P.2d 644 (Colo. 1986); People v. Ratcliff, 778 P.2d 1371 (Colo. 1989); People v. Wilson, 784 P.2d 325 (Colo. 1989); People v. Sutherland, 886 P.2d 681 (Colo. 1994); People v. Rodriguez, 924 P.2d 1100 (Colo. App. 1996), aff'd, 945 P.2d 1351 (Colo. 1997).
The first of these requirements is determined by whether there were specific and articulable facts known to the officer, which taken together with rational inferences from these facts, created a reasonable suspicion of criminal activity to justify the intrusion into the defendant's personal security. People v. Mascarenas, 726 P.2d 644 (Colo. 1986); People v. Wilson, 784 P.2d 325 (Colo. 1989)."
The first of these requirements is determined by whether there were specific and articulable facts known to the officer, which taken together with rational inferences from these facts, created a reasonable suspicion of criminal activity to justify the intrusion into the defendant's personal security. People v. Mascarenas, 726 P.2d 644 (Colo. 1986); People v. Wilson, 784 P.2d 325 (Colo. 1989)."
What I didn't see in this statute was what I recently found tonight, and thought it might be of some use to someone else.
C.R.S 42-2-115. License, permit, or identification card to be exhibited on demand.
"(1) No person who has been issued a driver's or minor driver's license or an instruction permit or an identification card as defined in section 42-2-301 (2), who operates a motor vehicle in this state, and who has such license, permit, or identification card in such person's immediate possession shall refuse to remove such license, permit, or identification card from any billfold, purse, cover, or other container and to hand the same to any peace officer who has requested such person to do so if such peace officer reasonably suspects that such person is committing, has committed, or is about to commit a violation of article 2, 3, 4, 5, 6, 7, or 8 of this title.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2124, § 1, effective January 1, 1995. L. 2000: (1) amended, p. 1351, § 20, effective July 1, 2001."
The annotation of interest is this:(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2124, § 1, effective January 1, 1995. L. 2000: (1) amended, p. 1351, § 20, effective July 1, 2001."
"There is no requirement that an individual must produce a driver's license when such individual is not the driver of a vehicle. Enright v. Groves, 39 Colo. App. 39, 560 P.2d 851 (1977)."
To me this say's that no, I am not required by the state to produce an ID card to an officer if I am not operating a motor vehicle. I think I can also safely infer that I don't have to have an ID of any kind on my person. What I "may" have to do is give a LEO my name and birthdate "only" if I am suspect of some kind of crime. To me, this is useful since I go jogging a lot, and OC while doing so. It's hard to CC a Xdm .40 when you have minimal clothing on.
As an avid 2A rights activist, I strongly support anyone in standing up for their God Given Rights as Americans. Stand up for yourself, your family, and most importantly, your Freedom. Allowing the Government, and/or it's agents to bully the people they SERVE is unacceptable.
I hope this information helps someone else, as it will undoubtably help me in the future!
Feel Free to share, and sticky this information!
Peace be to you all,
RebelWolf
This information was gathered from the Colorado State Statute site found at http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp= don't take my word for it, read it yourself!
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