Thread: Will others follow Arizona's lead on immigration?

Originally Posted by JohnDoe2

Originally Posted by patbrunz

That's interesting. How do you know a "verbal identification" is sufficient? I wonder how they verify your "verbal identification?"

They get on the radio or computer and check out the info.
If there is no person with that name on that birth date they can hold you until they are satisfied who you are.
If the height, weight, color of hair/eyes, etc. didn't match they are pretty sure you gave false info, witch is a misdemeanor.

I think I'd rather show my photo ID.

Are you required by law to present ID when asked by a police officer in California?

Are there different state laws? or is it federally mandated?

Best Answer - Chosen by Asker

This does vary from state to state, but there is NO law in California which requires you to provide identification to a police officer on demand. Of course, there are some specific circumstances where you have to have an ID, as when you are driving a vehicle, but there is no general law making it an offense to fail to identify yourself to an officer. You cannot be detained, arrested, or searched MERELY because you do not identify yourself. It is, of course, an offense to give a FALSE ID, either orally or with a false card or certificate.

A result of failing to identify yourself to an officer under California law can be in a situation where a police officer DOES have a reason to arrest you, but the officer could give you a citation and release you. If you refuse to identify yourself, the officer will instead arrest you and take you before a magistrate.

Some states have laws which make it an offense not to identify yourself to an officer WHEN that officer has grounds for detention (e.g., a reasonable belief that the person was engaged in criminal conduct). That has been found permissible. However, it is unconstitutional to make it an offense to fail to identify yourself to an officer who has no basis for a detention.
Source(s):
30+ years as a criminal defense attorney

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Originally Posted by patbrunz

I think I'd rather show my photo ID. :D

You always have that option.