You are not required by law to show identification if you are a passenger in a car that the police have stopped. The driver is accountable for all traffic violations. Police have no legal justification for requesting your ID unless they have grounds to believe you have committed a crime.
That said, it is not uncommon for the police to request ID. Keep reading to learn about what police can do if you are a passenger in a vehicle that’s pulled over. Then learn why you should never give false ID to an officer. If you are facing any type of criminal charges, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consutlation.
Can I be taken into custody if I refuse to show my ID?
Non-drivers cannot be legally detained in California just for refusing to show identification to a police officer. But the arrest has occasionally been made by police in the state. Even if a criminal defense lawyer might help you get your case promptly dismissed, being arrested can have negative effects. Given this, it may be a good idea to show identity to the police even if they have no legal justification for doing so.
In California refusing to show ID is not resisting arrest
The Los Angeles Police Protective League (LAPPL), the LAPD's police union, asserted in 2014 that refusing to show identification to officers amounted to resisting arrest.
The argument was supported by a U.S. Supreme Court ruling from 2004. A defendant in Nevada declined to give his name to police in that incident. Nevada does have a "stop and identify" provision, and the Fourth Amendment was not broken, so the Supreme Court sustained the conviction.
But there is no "stop and identify" law in California. This distinguishes it from Nevada. Without an equivalent statute, refusing to provide identification is not sufficient grounds for an arrest.
It can be very problematic if police detain you in certain situations
However, California police might still believe that they can detain you for failing to produce identification. This can be really problematic if you are on probation for a different crime or not an American citizen.
If you are on probation, you must abide with the restrictions placed on your release. Almost always, one of these conditions is that you avoid being detained. A probation violation hearing may be held if you are on probation and are arrested, even if the arrest was illegal. An arrest can have negative effects on non-citizens as well, even if it's unjust. Any arrest could start the immigration or deportation procedure, depending on your status.
What if I give the police a phony name?
It is unlawful in California to present a fake ID to a police officer or to present a police officer with false information. These violations include giving a police officer a phony ID or supplying false identification information, such as date-of-birth, address, or name.
These are both misdemeanor offenses. Potential consequences include fines of $1,000, and/or six months spent in county jail. If you have been charged with these or other crimes, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.