Police: "Let me see your I.D." a lawful order?

O

ohioboy

Well-known Member
Location
Ohio
This is a favorite case to me because I was at the Supreme Court building the day of argument in 2004. I remember standing in the Chamber's entrance discussing it with several people. They were deciding if so called "Stop and Identify" laws complied with or violated the 4th and 5th Amendments. I was already familiar with the Brown v. Texas case (internal citation). Ohio passed there's that same year I believe. This decision was handed down June 21.

You can click on the whole case link, but here is the Syllabus:

https://www.law.cornell.edu/supct/html/03-5554.ZS.html
 

Last edited:
Free, yes, but not always a required answer/proof of.
 

hollydolly said:
we don't have to carry one when we're driving either...
Click to expand...
@hollydolly, What if someone hits you and one or both of you are seriously injured? Don't you need proof of identity for police reports? We need one while driving here in case of accident to prove we are not driving without a valid license. I've had police ask me for an ID when they were investigating something else so I showed it because I was innocent of everything. I'd hate to think what they might do if you just refused here. Drag you off to jail maybe? IDK. We are losing our freedoms as I remember them from when I was little so it's hard to keep up.
 
Chic, our licences are all on a central data-base, a police officer can find that out in a minute... but before this, if we were involved in any type of accident or stopped by the police for any infraction, we had 7 days to produce our licence at the nearest police station...

We really do not have to carry any kind of identification on or out of our cars..in fact we're even dissuaded strongly about carrying out log book, or car insurance details in our cars!!

In Spain it's the very opposite... which means if someone steals our cars they have all our details..including our name and address...
 
Last edited:
hollydolly said:
Chic, our licences are all on a central data-base, a police officer can find that out in a minute... but before this, if we were involved in any type of accident or stopped by the police for any infraction, we had 7 days to produce our licence at the nearest police station...

We really do not have to carry any kind of identification on or in our cars..in fact we're even dissuaded strongly about carrying out log book, or car insurance details in our cars!!

In Spain it's the very opposite... which means if someone steals our cars they have all our details..including our name and address...
Click to expand...
Not speaking for other states now, but Ohio requires you possess it while driving or it's prima facie evidence you do not have one. Registration and proof of insurance is required upon demand also (another section).

https://codes.ohio.gov/ohio-revised-code/section-4507.35
 
Here, if we are stopped for a traffic violation, we need to show our drivers license, vehicle registration, and proof of insurance....no big deal, IMO.

I would always want to carry some form of identification. In the event of a serious accident, or major health problem while away from home, how would the hospital/doctors know who we are, or what our health history is, or how to contact the family, etc.
 
In Texas ....
I always carry ID (drivers license), auto insurance card, and also car registration in my purse.

I don't leave anything in my car, just the car manuel in the glove box.
 
Last edited:
ohioboy said:
Ohio's "stop and identify" statute: Failure to disclose personal information.

https://codes.ohio.gov/ohio-revised-code/section-2921.29
Click to expand...
"(D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing."

Like an under-aged person trying to buy alcohol? That doesn't make sense.
 
Sunny said:
Holly, if all that is required is that the person gives their name, and the police officer looks it up on the data base, what is to stop the person from giving somebody else's name?
Click to expand...
Nothing.. and they do sometimes.. but they're usually caught when they have to produce the licence and themselves within 7 days at the Police station
 

You must log in or register to reply here.

Back
Top