dmccarty
Super Star Member
In the two states I'm most familiar with the laws, you don't HAVE to possess a state ID card. An officer CANNOT make an arrest if a person is asked for id and refuses to comply. There is no way the Supreme Court would allow this to happen.
HOWEVER, and this gets to the statue that Bird posted, if a person is ARRESTED and refuses to provide proper id they can be held until they do provide proper identification. That is a very big difference. I know this is true in NC and I'm pretty sure it was true in FL. I can't believe a person could be arrested in the US because they did not have ID.
You would commenly see laws like Bird has posted used in misdemenor offenses. An officer can make an arrest or write the person up and tell them to show up at court at a given time. If the officer believes the person might not show up, i.e., out of state/country resident or NO proper ID the officer can take the person to see the magistrate. Make the arrest in other words. Then if the person shows proves who they are supposed to be they might be released. But often the person who in this situation may be wanted on another charge and there is a warrent for their arrest. Hince they are saying that they are Tom A. Jones but in reality are Tom B. Jones who has a warrent for his arrest. /w3tcompact/icons/smile.gif
But to walk up to a person on the street, demand to see ID, and if this is not produced, make an arrest. Nope, don't think so.
Later...
Dan McCarty
HOWEVER, and this gets to the statue that Bird posted, if a person is ARRESTED and refuses to provide proper id they can be held until they do provide proper identification. That is a very big difference. I know this is true in NC and I'm pretty sure it was true in FL. I can't believe a person could be arrested in the US because they did not have ID.
You would commenly see laws like Bird has posted used in misdemenor offenses. An officer can make an arrest or write the person up and tell them to show up at court at a given time. If the officer believes the person might not show up, i.e., out of state/country resident or NO proper ID the officer can take the person to see the magistrate. Make the arrest in other words. Then if the person shows proves who they are supposed to be they might be released. But often the person who in this situation may be wanted on another charge and there is a warrent for their arrest. Hince they are saying that they are Tom A. Jones but in reality are Tom B. Jones who has a warrent for his arrest. /w3tcompact/icons/smile.gif
But to walk up to a person on the street, demand to see ID, and if this is not produced, make an arrest. Nope, don't think so.
Later...
Dan McCarty