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RoadID or a piece of paper with your name, address, insurance and contact info. Wouldn't that take care of it?
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As you said:
"However, in some states they can't arrest you for not IDing yourself but it gives them probably cause to arrest you so either way it ends the same if the cop wants it that way" When did Americans become so willing to give up their rights? I'm truly astonished. |
Originally Posted by mcrow
(Post 14469812)
Yes, they do stop people only whne they have a reason, for the most part. When was the last time you just had a cop just come up and chat with you?
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Originally Posted by asmac
(Post 14469828)
As you said:
"However, in some states they can't arrest you for not IDing yourself but it gives them probably cause to arrest you so either way it ends the same if the cop wants it that way" When did Americans become so willing to give up their rights? I'm truly astonished. |
Originally Posted by asmac
(Post 14469828)
As you said:
"However, in some states they can't arrest you for not IDing yourself but it gives them probably cause to arrest you so either way it ends the same if the cop wants it that way" When did Americans become so willing to give up their rights? I'm truly astonished. |
Originally Posted by asmac
(Post 14469828)
As you said:
"However, in some states they can't arrest you for not IDing yourself but it gives them probably cause to arrest you so either way it ends the same if the cop wants it that way" When did Americans become so willing to give up their rights? I'm truly astonished. |
Originally Posted by asmac
(Post 14469813)
RoadID or a piece of paper with your name, address, insurance and contact info. Wouldn't that take care of it?
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Originally Posted by adamhenry
(Post 14469836)
In certain neighborhoods here, I can guarantee that you will be stopped for a chat if you are just out for a stroll after dark. They call it a field interrogation and it is used to prevent gang violence.
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It is well established that, as a pedestrian, a lack of ID card does not give probable cause for detainment on its own.
Of course, stop and identify laws are continually abused with little push-back from the public. |
Originally Posted by no1mad
(Post 14469854)
Don't have a RoadID. As far as a piece of paper goes, where would you put it? On your person, it could get wet and the ink fades over time. In your seat wedge? I'm not about to leave that kind of info on the bike, least any thief steals the bike, nor does the idea of taking a scrap of paper out of my seat bag every time I lock up appeals to me.
Not that I'm trying to hijack this into a helmet thread mind you :) |
Well, let's see. I suppose if there is probable cause to think someone is a murderer that would be a good reason to arrest them and ask for ID, even fingerprints. It's not the same as asking random people for ID just to see if one of them might possibly be wanted for spitting on the sidewalk in Kalazamoo.
I'm just getting more astonished. I think I'll stay home. No internal passports required. |
"Of course, stop and identify laws are continually abused with little push-back from the public."
Exactly right and the same everwhere. A little pushback/backbone is required. |
Originally Posted by mcrow
(Post 14469540)
A traffic ticket isn't an arrest, however, in practically every state all adults are required by law to carry legal ID. In mos states you are breaking the law by not having ID, so when you get stopped by a Cop they can arrest you for not providing ID.
And while it is a crime to drive a car if you haven't been issued a license, it is an infraction to drive a car without your license in your possession. You won't be - can't be - arrested if you forgot your license as home as long as you are able to otherwise identify yourself in a satisfactory matter. I.e., if you give your name and DOB, police can pull up your license, complete with a picture, on their computer.
Originally Posted by mcrow
(Post 14469658)
It varies by state, I don't have a link for you but I know that in most states if you are pulled over while operating a vehicle and don't have ID/License you can be arrested for it.
Some states consider a bike a vehicle, so you are required to show ID if stopped by a cop. However, in some states they can't arrest you for not IDing yourself but it gives them probably cause to arrest you so either way it ends the same if the cop wants it that way. There is no probable cause in the abstract; you can only be arrested if there is probable cause that *you committed a crime.* Not having ID isn't a crime, so it, by itself, isn't probable cause that you have committed a crime. Now if there is a break-in at a store and you vaguely fit the description of the person who broke in and are in the vicinity of the break in, and police question you and you refuse to tell them your name...well, the combination of those facts might lead to you being arrested. I know in MN tha and CA that's the way it works. So long as you are not doing anything wrong or breaking a law or operating a vehicle you don't have to carry ID.[/QUOTE] This last sentence is correct, although it seems to contradict what you wrote before. |
Originally Posted by no1mad
(Post 14469854)
As far as a piece of paper goes, where would you put it?
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"So long as you are not doing anything wrong or breaking a law or operating a vehicle you don't have to carry ID."
That's an interesting concept; that you are legally required to carry ID if you're "doing something wrong or breaking the law." Someone should tell the criminals so they won't break the law twice (or for the first time in the case of mere wrong-doers.) I can't stand it any more. Enough for me! It's been an education. |
Originally Posted by asmac
(Post 14469963)
Wouldn't you put it wherever you'd put your driver's license? Get it laminated if that's an issue. Why the need for a government ID to say who you are and who to contact?
You need a picture ID issued by some trusted, governmental type agency to do business with banks, take pre-employment drug screens, to complete 'New Hire' paperwork for any and all employers and temp agencies... |
Originally Posted by adamhenry
(Post 14469706)
If you don't provide ID to a police officer, how would he know that there weren't wants or warrants for your arrest? You can be detained until your identity is established. If they didn't do this then criminals could just make up a name and say they didn't have an ID. **********?
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[QUOTE=mcrow;14469540in practically every state all adults are required by law to carry legal ID. In mos states you are breaking the law by not having ID, so when you get stopped by a Cop they can arrest you for not providing ID.[/QUOTE]
I do not believe that this is true in ANY state. You can be asked by a police officer to identify yourself, and if the officer has reasonable grounds to suspect that you have been involved with something illegal, he may detain you until he can verify your identity, but in the US AFAIK nobody is required to carry ID. If you're operating a motor vehicle then you're required to carry an operator's permit, but that's a different issue. |
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Originally Posted by adamhenry
(Post 14469706)
If you don't provide ID to a police officer, how would he know that there weren't wants or warrants for your arrest? You can be detained until your identity is established. If they didn't do this then criminals could just make up a name and say they didn't have an ID. **********?
You are also not required to carry ID, you are required to carry a drivers license if you are driving a car, there is no license or ID requirement for cycling. This is not a communist state. |
Originally Posted by sm1960
(Post 14471497)
The police can only ask for ID if you are stopped for a crime. You are not required to show ID unless you are suspected of committing a crime, you don't even have to give your name. You cannot be detained unless you are suspected of committing a crime. Our 4th amendment provides us these protections.
You are also not required to carry ID, you are required to carry a drivers license if you are driving a car, there is no license or ID requirement for cycling. This is not a communist state. I do carry my DL when I bike or run, just in case something happens and someone needs to ID me in an emergency, like if I'm unconscious or something. I'd like to get a RoadID bracelet so I don't have to always take my DL out of my wallet, and then remember to put it back in when I get back and I end up driving without my DL on my person (has happened MANY times recently since I started running and cycling regularly). |
Originally Posted by asmac
(Post 14469783)
The difference is that under the Motor Vehicle Act (or whatever it's called in your area) you are required by law to have a license to operate a motor vehicle. You are not required by law to have a license to operate a bicycle even if it is considered a vehicle. Therefore there is no requirement to carry a license and no pretext to ask for paper identification as opposed to asking you to provide a name and address.
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If you read about some of the "voter ID" cases that have been in the news (and in the courts), the argument is being made that none of us US citizens have ever been required to own an ID of any sort... and never will!
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Originally Posted by mcrow
(Post 14469812)
Yes, they do stop people only whne they have a reason, for the most part. When was the last time you just had a cop just come up and chat with you?
|
Originally Posted by mcrow
(Post 14469540)
A traffic ticket isn't an arrest, however, in practically every state all adults are required by law to carry legal ID. In mos states you are breaking the law by not having ID, so when you get stopped by a Cop they can arrest you for not providing ID.
First, cops can easily check your identification with just your verbal name and birth date. The in car computer can look it up, including address, arrest and warrants in just a few seconds. You are only required to carry a drivers license if you are operating a MOTOR vehicle. NO ID card is required for riding a bicycle. Cops cannot legally confiscate your bicycle for not having an ID card on you. 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, that has a law that a citizen who has committed a traffic infraction 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 and you are also going to carry illegal drugs, weapons or other illegal items on you. 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. Folks, if you are truly interested in the ID Card subject and confirming for yourself that a cyclist is only required to provide basic verbal identifying information if stopped by police, please read the Hiibel case. It is long and may be a little hard to follow, but it is worth while to understand your rights. |
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