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What Can Police Ask You?

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netfocus

Member
What is the name of your state (only U.S. law)? Florida

I was trespassing on private land riding off-road dirt bikes and the cop demanded my social security number because I didn't have an ID on me. he wanted to keep a record so if I come back they can bust me.

In a case like this where you may technically be violating the law in some way - but at the same time they are acting like they won't arrest you if you comply, what are you really required to provide the police by law? If I did have an ID would I have to provide that? What questions do you have to answer - name? home address? and most importantly social security number!? really?
 
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CdwJava

Senior Member
What is the name of your state (only U.S. law)? Florida

I was trespassing on private land riding off-road dirt bikes and the cop demanded my social security number because I didn't have an ID on me. he wanted to keep a record so if I come back they can bust me.

In a case like this where you may technically be violating the law in some way - but at the same time they are acting like they won't arrest you if you comply, what are you really required to provide the police by law? If I did have an ID would I have to provide that? What questions do you have to answer - name? home address? and most importantly social security number!? really?
If you are subject to citation or arrest, you are required to provide identification. If subject to citation or arrest and you lack ID, then you may be hooked up and taken to jail.

There are valid reasons for them to have it, but I don't believe any state can make that a crime to refuse to provide it. A social security number is useless as an ID so I have no idea why the officer wanted it. Unless it was to differentiate you from others with the same or a similar name (sometimes necessary when checking a person for warrants).

In your state of Florida, if you are believed to be loitering or prowling you can be lawfully compelled to identify yourself even if detained and not yet subject to arrest. In other states (like mine) a detention by itself would not be sufficient to mandate identification. But, if you are trespassing and refuse to identify yourself, and the officer really wants to find out who you are, he will simply haul you in.
 
If you are subject to citation or arrest, you are required to provide identification. .

There is no requirement for you to carry ID anywhere in the USA. You do have to identify yourself. I don't think your social security # is an identifier, technically. Just answer "I don't know" if you don't want to get into a pissing contest with a cop. All you need to give is your name. That's identifying yourself.

Cops are very inquisitive. Asking "where are you going" "what are you doing here?" etc. You are free to say "hey, I don't play the twenty questions game" and shut your mouth.
 

Banned_Princess

Senior Member
There is no requirement for you to carry ID anywhere in the USA. You do have to identify yourself. I don't think your social security # is an identifier, technically. Just answer "I don't know" if you don't want to get into a pissing contest with a cop. All you need to give is your name. That's identifying yourself.

Cops are very inquisitive. Asking "where are you going" "what are you doing here?" etc. You are free to say "hey, I don't play the twenty questions game" and shut your mouth.

IF YOU ARE SAYING Carl is wrong about anything, then you are automatically an idiot.

if you are going to be arrested, you are required to have an ID to get bailed out. therefore, you should always carry ID.
 

Banned_Princess

Senior Member
No....not at all. It may be factored into the amount of bail, but it most certainly is not required.

I don't know where you are from, or where the OP is from, but I can tell you for sure NY / SUFFOLK COUNTY REQUIRES an state issued ID to be released on bail.
 

CdwJava

Senior Member
There is no requirement for you to carry ID anywhere in the USA. You do have to identify yourself. I don't think your social security # is an identifier, technically. Just answer "I don't know" if you don't want to get into a pissing contest with a cop. All you need to give is your name. That's identifying yourself.
If subject to citation or arrest, that is not going to be legally sufficient if the officer dos not want to accept it.

You are correct, you do not generally have to carry ID with you unless you are operating a motor vehicle.Though NOT having ID with you in any other circumstance can lead to a trip to jail until you CAN be identified by valid ID or by matching name, identifiers, fingerprints, etc. to some form of valid and recognized ID.
 
If subject to citation or arrest, that is not going to be legally sufficient if the officer dos not want to accept it.

You are correct, you do not generally have to carry ID with you unless you are operating a motor vehicle.Though NOT having ID with you in any other circumstance can lead to a trip to jail until you CAN be identified by valid ID or by matching name, identifiers, fingerprints, etc. to some form of valid and recognized ID.

Getting arrested for simply not having an ID on you will make you some fast cash via a civil suit.
 

CdwJava

Senior Member
Getting arrested for simply not having an ID on you will make you some fast cash via a civil suit.
I never said that would happen.

But, being subject to citation and not having ID on you CAN get you arrested. In that case you are not getting arrested for not having ID, you are getting arrested for the violation and are unable to be released on a promise to appear for the offense alleged (even if an infraction).
 
I never said that would happen.

But, being subject to citation and not having ID on you CAN get you arrested. In that case you are not getting arrested for not having ID, you are getting arrested for the violation and are unable to be released on a promise to appear for the offense alleged (even if an infraction).

That sounds OK to me. Thanks.
 

netfocus

Member
I never said that would happen.

But, being subject to citation and not having ID on you CAN get you arrested. In that case you are not getting arrested for not having ID, you are getting arrested for the violation and are unable to be released on a promise to appear for the offense alleged (even if an infraction).

Thanks for the replies.

I understand if you were definitely going to be cited you would need ID as you are saying above - but what if the officer is acting like they will let you off with a verbal warning, then what do you have to provide?

This officer got my social, name, and home address; the thing that bothers me about this is I'm in his little notebook now which not even sure if thats legal? So its like he hasn't cited me, but at the same time he is treating this like an off the books strike and will reference his notebook and cite me next time.. I just don't like them having my info like that, in sort of a quasi legal status. I have also received tickets in the mail before from officers that pulled me over and decided to then send me a 2nd ticket! so that idea doesn't sit well with me either when they have your address and can just mail a citation.
 

CdwJava

Senior Member
Thanks for the replies.

I understand if you were definitely going to be cited you would need ID as you are saying above - but what if the officer is acting like they will let you off with a verbal warning, then what do you have to provide?
Whatever you want to.

But, understand that if he was not intending to cite or arrest you before, if you become uncooperative in his eyes, that might change.

And some states have stop and identify statutes that might require you to provide some for of ID even if lawfully detained.

This officer got my social, name, and home address; the thing that bothers me about this is I'm in his little notebook now which not even sure if thats legal?
Sure it is. You gave it to him. We take down a lot of information about people. Unless he beat it out of you, hacked a computer system to get it, or otherwise obtained it illegally, it's perfectly legal for him to write down information that you provide it. He can even ask you your shirt size and inseam if he wants ... that'd be weird, and you certainly wouldn't have to answer, but he can ask.

So its like he hasn't cited me, but at the same time he is treating this like an off the books strike and will reference his notebook and cite me next time..
He's just keeping track of the people he's warned. That way if he comes across you again he will recall that you had been warned.

I just don't like them having my info like that, in sort of a quasi legal status.
Your info is already out there. If they want it, they can get it. Whether you have to provide it is the question. In FL under certain circumstances you must provide this info if detained. In every state you must provide this info if subject to citation or arrest, and very often only valid state-issued ID will be legally sufficient.

I have also received tickets in the mail before from officers that pulled me over and decided to then send me a 2nd ticket! so that idea doesn't sit well with me either when they have your address and can just mail a citation.
Then refuse to give the info and hope he doesn't want to arrest you right then and there. Your call.
 

davew128

Senior Member
I don't know where you are from, or where the OP is from, but I can tell you for sure NY / SUFFOLK COUNTY REQUIRES an state issued ID to be released on bail.
OP stated they are from Florida....in the first post. And by the way, in NY, the only person who is required to show ID is the one posting the bail. Otherwise, you'd have a legal requirement to carry ID, and of course under your theory nobody who gets pinched while walking on the beach in a swimsuit would ever get bailed out.
 

Banned_Princess

Senior Member
OP stated they are from Florida....in the first post. And by the way, in NY, the only person who is required to show ID is the one posting the bail. Otherwise, you'd have a legal requirement to carry ID, and of course under your theory nobody who gets pinched while walking on the beach in a swimsuit would ever get bailed out.

you aren't going to talk me out of something I know for a fact. If someone on the outside can bring your ID, then your good. if not you are down for the night / weekend.

no ID? how do they know who you are??? (I know they can if they tried, but they don't, or don't say they have done so). they wait for the court to identify you in the morning.


and getting "pinched" on the beach in a swimsuit, might be the worst thing to happen to someone. you get to wear a flea / lice infested paper onepiece. don't worry it wont help at all. all the way to the arraignment.
 

netfocus

Member
Whatever you want to.

But, understand that if he was not intending to cite or arrest you before, if you become uncooperative in his eyes, that might change.

And some states have stop and identify statutes that might require you to provide some for of ID even if lawfully detained.

This is the dilemma, if you don't cooperate they may haul you in. And this officer was a total jerk to everyone there, probably would have; he had a real problem with me not having an ID, had a real attitude about it.

I wasn't aware of the stop and identify statute all of these states have, I just looked it up - although it appears to only be if you are detained under some sort of suspicion of crime, not if there is no suspicion. So in my case since I was trespassing that is all they needed I guess to use this statute.
 

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