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  1. #1
    Join Date
    Apr 2007
    Location
    Texas
    Posts
    70
    Found this on http://www.flexyourrights.org/freque...d_questions#07 :

    7. When do I have to show ID?

    This is a tricky issue. As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind.

    Nonetheless, carrying an ID is required when you’re driving or flying. Driving without a license is a crime, and no one is allowed to board an airplane without first presenting an ID. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.

    From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as 'stop and identify' statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.

    Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI

    Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity. Rather than asking the officer if he/she has reasonable suspicion, test it yourself by asking if you're free to go.

    If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.

    If the officer detains you, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.

    Keep in mind that the officer's decision to detain you will not always hold up in court. ‘Reasonable suspicion' is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.
    Paige


    When I see an adult on a bicycle, I do not despair for the future of the human race. ~H.G. Wells

  2. #2
    Join Date
    Jan 2005
    Location
    North Bellmore, NY
    Posts
    1,346
    In Manhattan, it is the law to have a bell or horn & light when riding. You are not allowed to ride on the sidewalk. You can get fined for all of these. So if you get stopped for one of these reasons, they person will be asked for an id and if he doesn't have it, he or she will be taken in. The rookies need to get summons and arrests under their belt so need less to say, they will act on these.

    ~ JoAnn

  3. #3
    Join Date
    Jul 2006
    Location
    Looking at all the love there that's sleeping
    Posts
    4,171
    I'm no lawyer, don't even pretend to play one on t.v.
    But...
    TexanCzexican noted that some states have laws that require "citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place."

    Correct me if I'm wrong, but even if you did do something against the law on your bike, aren't those CIVIL infractions, and not CRIMINAL?
    Running a red light on your bike = civil
    Using your bike to purse snatch = criminal.
    Yes??

    Regardless....I carry my ID only because I want someone to be able to identify my body if I should buy the farm on a ride. And I carry my insurance card so they'll have what they need if I survive and end up in a hospital. Warped, perhaps, but ....c'est la vie.
    2007 Seven ID8 - Bontrager InForm
    2003 Klein Palomino - Terry Firefly (?)
    2010 Seven Cafe Racer - Bontrager InForm
    2008 Cervelo P2C - Adamo Prologue Saddle

  4. #4
    Join Date
    Apr 2005
    Location
    Vancouver, BC
    Posts
    3,932
    In the province of Quebec, Canada, infractions on the public roadway caused by a cyclist can result in "penalty points" on that cyclist's driving record (if the person has a driving record). Not sure what happens to those who don't have one.

    I did not have a driver's licence until I was 24. In Quebec that never caused me problems but I have had issues in other provinces/states where it seemed impossible that a grown-up human being would not produce a DL when asked for ID... *sigh*

 

 

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