when a police officer ask for your ID do have to show it ?

I live in California, i recently was stop by a cop who thought i was drunk and i wasn't i just a bad cold that made by back hurt, he then ask me for my ID and i ask him why when its clear am not breaking any laws. his response was ," it's Ca. law that i produce my ID. so i went to jail that day for resisting arrest. so is there a Ca. law that states i must show my ID when ask by a cop. if so whats the pc. #

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  • 1 decade ago
    Favorite Answer

    California Penal Code Section 647(e) was repealed in 2008. It is no longer the law of the land.

    In California, if you are not under arrest, you are not required to identify yourself. Of course, if you're driving, you can be asked for your driver's license, it is a crime to not produce it. If you're just walking, you are not required to produce any ID document.

    Once you are under arrest, any item on your person may be taken from you in the process of a custodial search. Trying to prevent an officer from taking something from you can be construed as resisting arrest.

    That being said, resisting arrest is one of the most common bogus charges levied by police when a stop isn't going the way they like it to, and is one of the most commonly dismissed charges. I'd get with a lawyer to discuss the specifics of your case, you may be able to get that thrown out, or you may not.

  • 4 years ago

    1

    Source(s): Criminal Records Search Database : http://CriminalRecords.raiwi.com/?PuLR
  • 1 decade ago

    Just walking? There is NO law in California requiring anybody to carry identification. There is no law making it illegal for anyone (even someone lawfully detained) to fail to have identification papers or to refuse to identify himself (there was such a law, which was declared unconstitutional).

    (It is, however, a crime to give a FALSE identification.)

    A person CANNOT be arrested just for failing to identify himself or failing to have ID, even with a lawful detention. The only effect of not having ID occurs if a police officer has probable cause to believe an arrestee has committed a criminal offense. A police officer who could otherwise give an arrestee a citation to appear would instead take the person into custody to appear before a magistrate. But this is ONLY if the officer has probable cause to believe the person has committed a crime--NOT just because the person did not have ID.

    Source(s): my very smart criminal defense attorney brother
  • Bruce
    Lv 7
    1 decade ago

    Asking someone for an ID is a temporary detention, so it is covered by the Fourth Amendment. This means it is the same in every state.

    The burden of proof required for an officer to demand an ID is reasonable suspicion. If your cold and back back made him reasonably believe you were drunk, then the stop is valid.

    Some states do have a Failure to Identify law, but that still requires a reasonable suspicion to be enforced.

    Source(s): Law enforcement since 1991
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  • 5 years ago

    This Site Might Help You.

    RE:

    when a police officer ask for your ID do have to show it ?

    I live in California, i recently was stop by a cop who thought i was drunk and i wasn't i just a bad cold that made by back hurt, he then ask me for my ID and i ask him why when its clear am not breaking any laws. his response was ," it's Ca. law that i produce my ID. so i went to jail...

    Source(s): police officer id show it: https://tr.im/EsrW9
  • 5 years ago

    hi

  • 1 decade ago

    Most states have laws that require you to identify yourself to officers who request such.

  • Anonymous
    1 decade ago

    4th amendment says you do not have to produce any proof of citizenship if you are a citizen.

    However, him saying he thought you where drunk gives him probable cause to question you and by law they have to determine who they are talking to.

  • Anonymous
    1 decade ago

    It makes no difference if you legally have to or not.

    The cop is going to cause you grief to no end unless you comply w\ its wishes, lick its boots & kiss its ***.

    FTP!

  • 1 decade ago

    yes you HAVE to show your ID when a police officer asks to see it, i don't know the pc# but i do know its a law.

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