Can police legally demand ID for minor infractions (in CA)?

Question

One night, I had no red light on the back of my bicycle while I rode to the corner store. I parked by the front door, then stepped to the side to finish my cigarette. It was at this point a squad car pulled up.

I refused to answer any questions, and in fact, tried to terminate the encounter and walk away. I was ordered to sit my a$$ back down, and confirmed it was indeed a detention. He claimed that I must give my name and date of birth because I committed a "crime," but in this particular sense, I beg to differ. I.e., I don't think my infraction is (or should be) classified a "crime."

Now, I recognize that writing a ticket w/o a name is impossible, but that doesn't mean that all laws are so precisely tailored to accommodate such situations. In gray areas like this, I can imagine that it's typically no big deal for them, since almost everyone will readily identify themselves without hesitation. But when they come across people more educated, I think they should be SOL, if the "perp" decided to walk away, for example.

Are "infractions" like mine indeed considered "crimes," as some people seem to assert (and certainly, the cop)? But whatever the "classification," must I comply as ordered in this situation? I.e., do "Stop and Identify" statutes (in CA) clearly delineate at which point a "non-crime" becomes a crime?

Or, is it that ALL disputes, not classified as "civil," are automatically subject to the directives concerning "criminal" offenses? Or perhaps, it's considered civil to begin with? I did some research myself, but it's still unclear, just as much of the law is.

Anonymous · Accepted Answer

1.  The only time you commit an offense by failing to identify yourself to a police officer under California law is when you are being booked into a jail.

2.  An infraction is a crime under California law.  (See Tracy v. Municipal Court (1978) 22 Cal.3d 760, 765 [infractions are denominated crimes, but do not require a jury trial].)  Your belief that an infraction should not be classified as a crime is irrelevant.

3.  If a police officer has probable cause to believe you committed an infraction, he MUST release you on a citation UNLESS you fail to provide adequate proof of identity.  If you fail to do so the officer can take you into custody and bring you before a magistrate who can either release you or set bail.  Note that you committed no offense by failing to identify yourself, you simply removed yourself from that class of people who must be released upon a citation.

? · Answer

1

Bruce · Answer

It doesn't matter if it is a crime or not. The burden of proof required to demand an ID is reasonable suspicion that you violated the law. It doesn't matter if that law is a crime, an infraction, or a local ordinance.

If the law requires you to have a red light, the officer was justified in asking for your ID.

? · Answer

It&#x27;s always a lot easier when you cooperate... They need your ID to see if you have any pending warrants or are wanted anywhere. Yes, they can demand your ID. No, you don&#x27;t have to answer any of their questions. At that time of the night cops are really tired and grouchy (trust me, my friend was walking to McDonald&#x27;s at 12 in the morning and they called for at least 3 back up cars). So just do us all a favor and cooperate, because when you don&#x27;t give them your ID it sounds like you have something to hide.

Teekno · Answer

Police can demand ID for anything. The Supreme Court has held that the Fifth Amendment doesn't extend to biographical information, such as your name, address, and date of birth.

Alex · Answer

No California law requires you to carry identification unless you are driving a vehicle. Sounds like he&#x27;s just being an *** hole (weird)

Bflowing · Answer

first, they have to stop you for a reason.  Secondly, you don't have to answer or show any ID, since you were not driving or conducting an activity that required an ID.  
However, they have the right to hold you for I believe 24 hours in order to establish who you are.

? · Answer

Unless he actually saw you riding it without a red light, No!. He had to witness the crime. How does he know you didn't push the bike there? Of course he will lie and say he saw you riding it, if he actually didn't. If he did see you riding it, then he was correct.

Anonymous · Answer

They can either demand ID or instead arrest you for processing.

You have no odd "right" to both a speedy citation and a right to refuse to identify yourself.

Anonymous · Answer

why do u care if he checks ur id?

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Can police legally demand ID for minor infractions (in CA)?

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