Thread: Mesa fine-tuning ID rules for traffic stops

Mesa fine-tuning ID rules for traffic stops

Gary Nelson -
Dec. 3, 2009 10:36 AM
The Arizona Republic .

At first blush, a police department report for an item on Monday's City Council meeting leads to thoughts of Orwell.

Under the heading "Civil Code Violations - Evidence of Identity Citywide," the report seems to suggest everyone stopped by police in Mesa on suspicion of minor offenses must carry a detailed photo ID. Failure to show one to an officer would constitute a misdemeanor.

Which, in turn, seems to suggest we're entering a world where an inadequate response to a police request for "Papers, please," could put you behind bars.

But it's not that at all, said police spokesman Sgt. Ed Wessing.

The point, he said, is to make Mesa's ordinances more closely resemble state law on the matter of who must show ID papers to police, and who is allowed to identify themselves only orally.

The current city ordinance is vague, Police Chief Vicki Myers wrote in her council report. It requires only that a person suspected of a civil code violation - that is, an offense that does not lead to a criminal record - "provide evidence of his/her identity" to a police officer.

The problem, Wessing said, is that the term "evidence of identity" is too fuzzy.

A new ordinance would specify that the person produce "a government-issued identification or other identification" with a full name, date of birth, home address, physical description, photo and signature.

While that makes it sound as if everyone under suspicion in Mesa would have to produce such a document, Wessing said it's meant to apply only to motor vehicle drivers who are required by law to have a driver's license.

Other people being questioned by police, such as the passengers in a car that's been pulled over, will be OK with just responding verbally to queries about their identity.

Wessing said Mesa is making the change to conform to state law, which was clarified several years ago because of legal questions over who was required to show a physical ID to police.

"Some police agencies were arresting passengers for failing to have state-issued driver's licenses," Wessing said.

When that was ruled unconstitutional, Arizona law was changed to require only drivers to show IDs.

But even though others don't have to produce ID documents, state law says they still must tell police who they are if the police ask. Failure to do so constitutes guilt of a misdemeanor.

The item is 6D on the council's Monday night agenda, which is available online at www.mesaaz.gov .

The ordinance will be introduced Monday with a final vote scheduled for Dec. 14.

http://www.azcentral.com/news/articles/ ... e1204.html

Wessing said it's meant to apply only to motor vehicle drivers who are required by law to have a driver's license.

WHAAAT? Which motor vehicles on roadways are not required to have a licensed driver? The guy driving a tractor or earth mover should have a license. I really would love elaboration on this.

Originally Posted by vortex

Wessing said it's meant to apply only to motor vehicle drivers who are required by law to have a driver's license.

WHAAAT? Which motor vehicles on roadways are not required to have a licensed driver? The guy driving a tractor or earth mover should have a license. I really would love elaboration on this.

The next sentence explains it. (Only the driver is required to have a license.)

Other people being questioned by police, such as the passengers in a car that's been pulled over, will be OK with just responding verbally to queries about their identity.