Here is another question—complaint
actually—that I hear often (usually from someone who just received a resisting
arrest charge on top of marijuana possession): do cops have a right to ask for
my ID if I haven’t done anything wrong?
Let’s take a look at what the Constitution
says:
AMENDMENT
IV
The
right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
The right to be secure in your papers has
been translated by our courts to mean your identification. In other words, without probable cause the
police officer has no right to ask you for your ID. Having no right to do so without probable cause
means that he had no right—yes, I’m repeating myself. “Having no right” and “doing it anyway” is
where most of you will get into trouble.
Cops are well aware that most of you could not spit out your rights
under the Constitution and that most of you aren’t going to lawyer up, as they
say. So, they will ask for you ID.
Now, what comes after the asking is very
important to what will ultimately happen to you. If you say something like: I don’t gotta show you my ID. The cop may lie and tell you that you do or
he may make up probable cause and force you to show it and if you don’t comply
that’s resisting arrest. The best
approach is to calmly ask him: what is the “probable cause” for asking (you) to
produce the license? What does he think
you’ve done wrong? If there is nothing
applicable to your situation you do not have to produce and it should remind
him of your rights under the Constitution.
Remember, you do have the right to be
secure in your papers, but you have to be smart about it. Decide what is worth it.
Lastly, if this is a road stop or check
point where everyone is being asked to produce a license you’re stuck. Just get it ready, be polite and try not to
have weapons, drugs, or other illegal items in your vehicle.
