If you have been lawfully detained or arrested, then yes, you have to identify yourself to the police officers. However, you do not have to identify yourself if you haven’t been lawfully detained or arrested. This is because California doesn’t have a “stop and identify” statute. This leaves a lot of California residents asking, “do you have to show id to a police officer?”
What Is a “Stop and Identify” Statute?
These types of statutes, which are common in many other states in the U.S. (sometimes referred to as “papers please” statutes), forbid people from refusing to show ID at a officer’s request. Theoretically, the police are only allowed to ask for identification if they have a reasonable suspicion that they’re in the process of committing a crime, have already committed a crime and have an arrest warrant, or are about to commit a crime.
There are also a few states that allow police officers to ask for your name and address, and to tell them what you were doing without actually provide identification.
What Happens if I’m Pulled Over While Driving?
If you’re pulled over for a traffic infraction in California and you don’t have your ID with you, you’re legally required to show your driver’s license and proof of insurance if the officer asks for it. This is not as much about identifying yourself but proving that you’re a licensed driver.
Driving without a driver’s license with you in the vehicle is against the law in California. That’s why the officer can ask in these situations, and you’re obligated to provide it.
The license doesn’t have to be from California, but it must be valid, cover the type of vehicle you’re driving at the time and was issued by the state or country of your permanent residence. Suppose you have a license with you, but it’s expired, or you moved to California but didn’t get a California license within ten days. In that case, you could be charged with either a misdemeanor or a noncriminal infraction.
Do I Have to Identify Myself if I’m a Passenger, not the Driver, in a Car That’s Pulled Over in California?
The answer is that usually, no, you have no legal requirement to show your ID to the police officer if you’re the passenger, not the driver. The driving infraction belongs solely to the driver. However, if the police suspect (and have reasonable cause to suspect) that you’re involved in some kind of infraction, they do have the right to see your ID.
What Happens if I Provide a False Identification Card to the Police?
Using a false identification card and pretending your name is what’s on the false card is a crime in California. It’s not just a matter of the name, but if the address or date of birth is wrong, the card is essentially fraudulent.
You could be charged with showing a false identification card to a police officer or providing false information to a police officer. Both are misdemeanor charges and could result in up to a $1,000 fine and/or up to six months in jail.
What Should I Do if a Police Officer Asks for My Identification Card?
If you haven’t been in a traffic infraction situation and an officer asks you to identify yourself, you have the right to refuse and ask if you’re free to go. If the law enforcement officer insists on seeing your ID, ask for the probable cause. If they can’t name a probable cause, the majority of officers will let you leave without identifying yourself.
An important thing to keep in mind is that staying calm and being courteous is in your best interests during this type of interaction. If you become angry or disrespectful, the officer could then arrest you. Instead, remain calm, talk as little as possible (or remain silent, if you wish), and obey any lawful request the officer makes of you.
Is There Ever a Time I Should Identify Myself Even if I’m Not Legally Obligated to?
Without probable cause, and if there was no traffic infraction involved, you generally have the right to refuse. However, sometimes this could lead to an arrest, usually on the charges of resisting a peace officer or additional penalties.
While this is the type of charge that might be relatively easy to have dismissed once it’s determined there was no probable cause, it’s still a stressful situation. If for some reason the charge isn’t dismissed, that’s another level of worry.
The implications of being arrested, even for invalid reasons, are worse for some people, including people who are on probation. This could be seen as a violation of their parole, which raises other legal red flags. People who aren’t U.S. citizens could end up facing deportation. So while you have the right to say no in most situations, agreeing to provide your identification could prevent you from being arrested.
What Should I Do if I Was Arrested for Not Identifying Myself?
Give us a call at 949-305-7995 to set up a free consultation. We can walk you through your legal rights and put together a defense plan. Just because a police officer in California arrests someone for refusing to show an ID doesn’t mean the charged person has actually done anything wrong.
But because even a wrongful arrest can lead to devastating consequences, it’s well worth your time to work with an experienced attorney who knows the law and the tactics used in these cases. We’ll go through your case and the police records and determine if the arrest was legitimate or not, and if not, contact a lawyer immediately and go to work to get the charges dropped.
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