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Do you live in the United States? In the U.S., despite what officers tell you, you do not have to identify yourself when asked. The only exceptions are if you'r
by swang 11y ago
Do you live in the United States? In the U.S., despite what officers tell you, you do not have to identify yourself when asked. The only exceptions are if you're in a vehicle or in an airplane. And in some states they can demand if you they believe you are connected to a crime (California is not such a state)
I am assuming SF considers a bike a vehicle so fair game I guess. But you cannot just beat up or arrest someone just because they refuse to show their ID. You cannot assume suspicion because they won't tell you who they are. You're essentially saying if you got nothing to hide, you shouldn't worry about telling police who you are.
One time I found a wallet on a sidewalk, I picked it up, saw there was ID. The police station was nearby so I drove to turn it in. When a cop showed up (the station was closed for the night), I explained to him that I found a wallet and was turning it in. He asked me a couple questions and asked me if I wanted to leave contact information, I hesitated, and eventually after the officer assured me he didn't care, I said, "no." But during that moment I seriously considered whether or not I had to assert my right to remain anonymous/not show ID, especially since I was just trying to be a good Samaritan, and didn't want to deal with any possible accusation of stealing money from the wallet (it was empty).
- threatofrain 11y agoI think it's questionable to have an analysis or perspective of the law that principally considers the letter of the law. What people can or can't do follows another kind of law, a subtle law, a subtle calculus. That's the real law everywhere in the world. It's the law in China and it's the law in the US. Can you refuse to show your ID to the cops? Can you say to the officer, "Am I being detained?" Don't just regard what the letter of some document says. Regard the subtle law with the subtle calculus.
- MaysonL 11y agoCan you refuse to show your ID to the cops? Probably no (in practice), if you're black or Latino or lower class white. Or anybody, in a drug-dealing neighborhood.
- DrScump 11y agoCan you refuse to show your ID to the cops? Outside of cause supported by reasonable suspicion OR driving a vehicle, yes (under case law). But your average beat cop may not know that (or care). "Am I being detained?" To avoid certain ambiguities, instead ask, "am I free to go?"
- splat 11y ago> In the U.S., despite what officers tell you, you do not have to identify yourself when asked. This varies state to state. In many states you must identify yourself at the level of providing your name and address, but you are not required to produce any documentation.
- swang 11y agoIf you mean state-and-identify, that is only valid if they have a "reasonable suspicion" that you're involved in illegal activities.
- pmiller2 11y agoReasonable suspicion is such a low standard that it can always be manufactured.
- tcdent 11y agoYou do not have to identify yourself in California. https://www.aclusocal.org/barstow-stop-and-id/ https://www.aclusocal.org/barstow-stop-and-id/
- DrScump 11y agoThe only exceptions are if you're in a vehicle That's why he was stopped in the first place, for (allegedly) talking on his phone while riding. Doing so is a Vehicle Code violation. In CA, a bicycle on a public road is a vehicle subject to most provisions of the Vehicle Code.