Originally Posted by
CB HI
Here is the US Supreme Court - Hiibel case that establishes that a cyclist is only required to provide basic verbal identifying information if stopped by police:
HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA
http://caselaw.lp.findlaw.com/script...&invol=03-5554
Here is the bottom line on cyclist and ID Cards. The Hiibel US Supreme Court case firmly establishes that if a cyclist is stopped by police either for investigation or arrest, all the cyclist must do, is verbally provide their correct name and birth date. No state laws can override this. So no state can legally compel cyclist to carry or present an ID Card to police.
If a cyclist wants to carry an ID Card for emergencies, fine, but cyclist are not required to so. Cyclist can also put an emergency contact number into their cell phone under ICE (standing for ‘‘In Case of Emergency’’) which would also allow police or EMTs to quickly contact someone who knows you, and may know any special medical conditions you have.
Now if you are in a state like California (Colorado is similar), that has a law that a citizen who has committed a traffic infraction (which is a criminal offense in CA and CO) and if that citizen is willing to show a valid ID Card and sign a promise to appear, then the police must release the citizen with a citation and cannot take such citizen into custody; then it might be a good idea to carry a valid ID Card with you, IF you plan on breaking traffic laws. If you have broken a traffic law in these states and do not have an ID, then you will likely be taken into custody and searched; and if you are also carrying illegal drugs, weapons or other illegal items on you, your in deep trouble. In such a case, the ID Card might be a get out of jail free card for the illegal drugs, weapons or other illegal items. For those of us that do not break the traffic code and do not carry illegal drugs, weapons or other illegal items; NOT carrying the ID Card when cycling has no legal impact.
Choosing to either carry an ID Card or NOT carry an ID Card is YOUR legal choice when cycling.
You cannot be arrested for not carrying and presenting an ID Card to police when cycling.
did you even read the citation you put up or the more definitive
wikipedia article? The ruling is the opposite of what you claim:
"
Hiibel v. Sixth Judicial District Court of Nevada, 542
U.S. 177 (2004), held that statutes requiring suspects to identify themselves during police investigations
did not violate the Fourth Amendment. Under the rubric of
Terry v. Ohio, 392
U.S. 1 (1968), the minimal intrusion on a suspect's privacy, and the legitimate need of law enforcement officers to quickly dispel suspicion that an individual is engaged in criminal activity, justified requiring a suspect to identify himself.
The Court also held that the identification requirement
did not violate Hiibel's Fifth Amendment rights because he had no reasonable belief that his name would be used to incriminate him; however, the Court left open the possibility that Fifth Amendment privilege might apply in a situation where there
was a reasonable belief that giving a name could be incriminating."