is it illegal not to have id in America??

You all might have heard about this case that's making the news about reported excessive force by police in Hammond, IN. Supposedly the guy didn't have any id and wouldn't get out of the car to comply with the police. Now, a person is never going to win in the field not complying with the cops but my question is, what were the police going to do with this guy after he couldn't produce id??



This could happen to anyone. Sometimes I've taken off from the house without my wallet so I wouldn't be able to "prove" who I was to the police. So were the cops hoping they would find some weed or something on the guy so they could arrest him or run a warrant check on the name he gave and then arrest him? It appears to me that the cops were on a fishing expedition and had no plan B if this un-id guy came up clean. I know cops have a tough and dangerous job but where goes common sense come into play?? So, it goes back to my question: is it illegal not to have id in the U.S.??

http://abcnews.go.com/US/pair-alleging- ... d=26024762

You do not have to have ID nor do you have to produce and ID to the police. It is not illegal to not comply with LEO without a stated probable cause. (4th and 5th amendments)

I believe ID is required but I don't have anything to back that up. The thing that sticks out in my mind is the stupidity of not having ID on you

When you're driving a car, you are supposed to have your license on you. I'm pretty sure you can at least be ticketed if you get pulled over and you don't have your license on you, especially if the cop is a ****

In NC, resisting arrest is not something you can be charged with, without a underlining charge. Meaning I can't be convinced of the lone charge of resisting without being convicted of another crime that caused the arrest.

Also, you DO NOT have to obey LEO request. If a LEO says "get out of the car" you ask "is that a request or an order?" if it is an order the next question is "what crime am I suspected of?" At that time they MUST tell you what crime they have probable cause the order.

I understand that in Canada, if a person does not have id, the cops can charge them with vagrancy and take them in if they "want" to. Its a way to get people off the street if "someone" wants them gone. For example, to get some undesirables off of the street, like hookers.

J.

One of the points that the guy who refused to get out brought up was that he wasn't driving so operating a vehicle couldn't used against him. The initial stop, according to the media--taken for waht's it worth-- was a seat belt infraction by the driver. But most of the attention of the officers was on the male passenger. Suppposedly he had reached into a backpack in the back between the 2 kids to look for his id. Again, as I first said, in the field the majority of the time a person will lose by not complying with a cop. And, like I said, what was the cops plan B if this guy was totally clean but without an id?? Take him in to run fingerprints?

If you want to see some good window busting check out people willfull non-complying with border patrol check point well insde from the border. The classic one is of the guy who wouldn't even roll the window down to talk to the guards and had his a/c running on high. Can barely hear them speak from the outside. This guy was purposely trying to get a confrontation. And he did, with his side window also getting busted in after about the same amount of time elpased (13 minutes of video). I haven't heard how things have gone on after that.

Perosnally, I try to comply as soon as possible and get on my merry way. Maybe I'll tell of the time when the cop surely wanted to find me in violation beyond having a burnt out tail light at night but my lunch break is at end...

Anyone arguing with BC on this really shouldn't being as the man lives an breathes this every day. So he may just have a clue as to what he's talking about. Good fella that BC, just don't anyone tell him I said that, it'll go to his head, an I'll have to listen to it for forever.

Far as not always having ID..I must be stupid then. I walk to my local gas station all the time at night, to grab a soda. I usually don't bring ID with me. I'm not buying anything I need ID for, an I'm not driving, so therefore it'll sit on my dresser in my wallet. Driving? I never leave my ID anywhere if I'm driving. As others said, you'll catch a quick ticket if pulled over an you don't have it on you. Now, most the time if you show up in court it'll be dismissed if you show you do have one an it's all in good order. That's my experience.

On having to show ID..BC answered this. Someone else mentioned a border Patrol stop. You do NOT need to show them "Papers", which is why in countless youtube videos of people doing just this, you see the BP get upset, angry, they then call their boss, who comes over, sees everyone is being a pain in the ass an waves them on.

Cops got a tough job. I do my best to respect them, an always act cool during a traffic stop. Like BC stated..Turn on the lights if it's dark, hands where they can be seen, etc. When I get pulled first thing I do is turn off the car, an hands go on the wheel or up by the window so they can see I'm not doing anything when they approach. They will then ask for license, reg, insurance, etc. All buy my license is under my passenger seat in my van(Has a cubby hole thing) an I always tell them what I'm doing whether there or the glove box. 8 out 10 always thank me for that.

I don't want to be shot, an they don't want to shoot me. Paper work sucks afterall as do doctor visits. LOL. So I try to always be cool. Sometimes you get a ****, an thats when you hit them with kindness it pisses them off a lot.

Just my take, as always..YMMV.

Sirscrapalot - Book'm Danno! - A show older then a lot of you, but way younger then some of you.

It has long been the rule that U.S. citizens don't have to "show their papers" like we live in Nazi Germany. But when you don't know/give up your rights that is YOUR choice.

Driving is a privilege, you are not entitled to a drivers license. If you want to drive you have to follow the laws. Having a license is one of those laws. Dude should have had his license.

On a civil rights note, most people have no idea what their rights are. As others have posted a cop can ask you to do anything he wants to, if you comply to a request that exceeds his authority you are doing so ON YOUR OWN waiving your rights. For example, if you are walking down the street, a cop calls you over to talk to you, and you go over to him. You WAIVED your rights. If you did not stop and kept walking and the cop stops you, you start getting into civil right issues. He "arrested" you by stopping you. He needs probable cause to stop your free movement.

Feds: 75 Percent Of Newark Police Pedestrian Stops Unconstitutional

i cant stand packing a billfold,,,,so mine stays under my truck seat.......so if i am a passenger with someone else i will never have an id.......ive never had 1 problem with not having my id.....ive been pulled over several times while driving and not had one...still no problem.....i just give my social and thats it.......they seem to be more worried about insurance than id....

i actually hate cops,,,,,i have no respect for them at all....in my area they write hard working folks traffic tickets while the meth heads run wild......

on another note when i am stopped i am very polite and conform to anything i am asked to do....unlike alot of folks who like to say ,' well the cops cant do this and they cant do that" i know better...i have been in trouble before,,,i know the cops can do what ever they want...if there not recorded they will get by with it also...sometimes they can even be recorded and still get by with all kinds of horrible stuff......

i was once beaten within an inch of my life by 7 prison guards because i nodded my head to a friend in the lunch line......so i really hate hearing it when folks say oh cops cant do this or that