OK, yes - when I think of underdog, I think of the cartoon but, and more specifically, I'm talking about the little guy on the street who is getting his face smooshed into the asphalt by a bunch of thugs and bullies.
Or the old lady getting her house taken by eminent domain by some fat cat that has it in with city hall just so he can build another office building.
Or the guy just standing on a sidewalk and police come up to him and demand to see ID just because.
I mean, doesn't that bother you - police walking up to people demanding ID and then arresting them when they don't provide it? Sounds a just a bit underhanded.
The thing with demanding ID just because has always bothered me and I got to wondering why it is police think they can just walk up to people, demand their identification and arrest them when they don't cough it up? I mean, it seems like it happens all the time what with the hundreds of YouTube videos online.
So, picture it - guy is standing on a sidewalk just minding his own business. Cops show up and demand to see his identification.
In most cases, and depending on context (traffic stop, pedestrian stop, private property, etc.) and jurisdiction, there are several situations where U.S. citizens are NOT legally required to produce identification such as:
1. No “Stop and Identify” Law
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In states without a stop-and-identify statute, you generally don’t have to show ID just because an officer asks.
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You may still have to state your name if an officer has reasonable suspicion you’re involved in a crime (per Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004)).
If there’s no reasonable suspicion, you can decline to provide ID.
2. Pedestrian Stops in Public
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If you’re simply walking in a public place and not suspected of a crime, police cannot demand ID.
Example: Just standing on a street corner or filming police does not automatically create legal grounds to demand ID.
3. Passenger in a Vehicle (Some States)
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In many states, only the driver must show a license during a traffic stop.
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Passengers often don’t have to produce ID unless:
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There is reasonable suspicion of criminal activity, OR
State law specifically requires passengers to identify themselves (rare).
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4. Casual Encounters (“Consensual Encounters”)
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If a police interaction is voluntary (you’re free to leave), you can refuse to show ID.
Officers typically must clarify if you are being detained or if you are free to go.
5. Private Property (Not Driving)
If you’re on your own property AND not suspected of a crime, police cannot compel you to produce ID.
6. Non-Criminal Contexts
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In most states, there is no general law requiring you to carry ID at all times.
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Exceptions:
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If you’re driving (must carry license).
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If you’re flying (TSA requires ID).
If you’re buying age-restricted items (store can refuse sale if you don’t show ID).
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7. Exercising Certain Rights
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Filming police, protesting peacefully, or attending public meetings typically does not require you to show ID unless there’s a lawful order (e.g., dispersal order, arrest).
Wait, Wait, Wait. Let's back up a bit - a stop-and-identify statute? What is a Stop-and-Identify statute?
“Stop‐and‐identify” statutes (or similar laws) allow police to require a person to identify themselves (usually by name, sometimes address, date of birth) when the person is lawfully detained and there is reasonable suspicion. In such states, failure to identify can in many cases lead to arrest or criminal penalty, depending on the statute.
Presently, there are only 24 states in the Union that have a stop-and-identify statute, as follows:
| Alabama | Ala. Code §15-5-30 |
| Arizona | A.R.S. §13-2412 & §28-1595 |
| Arkansas | Ark. Code §5-71-213 (loitering) |
| Colorado | Colo. Rev. Stat. §16-3-103(1) |
| Delaware | Del. Code Ann., Tit. 11, §§1902 (suspicion of crime) & 1321(6) (loitering) |
| Florida | Fla. Stat. §901.151 (Stop and Frisk Law); §856.021(2) (loitering and prowling) |
| Georgia | Ga. Code Ann. §16-11-36(b) (loitering) |
| Illinois | 725 Ill. Comp. Stat. §5/107-14 |
| Indiana | Ind. Code §34-28-5-3.5 |
| Kansas | Kan. Stat. Ann. §22-2402 |
| Louisiana | La. Code Crim. Proc. Ann. Art. 215.1(A); La. Rev. Stat. §14:108(B)(1)(c) |
| Missouri | Mo. Rev. Stat. §84.710(2) |
| Montana | Mont. Code Ann. §46-5-401 |
| Nebraska | Neb. Rev. Stat. §29-829 |
| Nevada | Nev. Rev. Stat. §171.123 |
| New Hampshire | N.H. Rev. Stat. Ann. §594:2, §644:6 |
| New Mexico | N.M. Stat. Ann. §30-22-3 |
| New York | N.Y. Crim. Proc. Law §140.50 (suspicion of crime) |
| North Dakota | N.D. Cent. Code §29-29-21 |
| Ohio | Ohio Rev. Code §2921.29 |
| Rhode Island | R.I. Gen. Laws §12-7-1 |
| Utah | Utah Code Ann. §77-7-15 |
| Vermont | Vt. Stat. Ann., Tit. 24 VSA §1983 |
| Wisconsin | Wis. Stat. §968.24 |
OK, so, there are two things that allow a cop to stop you and ask for identification. ONE is the Stop and Identify statute. TWO, is reasonable suspicion. So, what is reasonable suspicion?
Briefly, reasonable suspicion is a legal standard in U.S. criminal law that allows a police officer to briefly stop, question, or detain a person if the officer can point to specific and articulable facts, together with reasonable inferences from those facts, that suggest the person is involved in criminal activity.
NOTE: under Terry v. Ohio, 392 U.S. 1 (1968), police can't just have a hunch (or gut feeling) that you've committed a crime. They must be able to articulate specific facts that led them to believe that a crime has or is about to be committed BEFORE they can stop and ask for identification.
For example:
- Hunch: “That guy looks suspicious.”
- Reasonable Suspicion: “The man circled the same block three times, peered into the closed store window, and kept adjusting something at his waistband.”
- Hunch: Observed you just standing on a public sidewalk
- Reasonable Suspicion: Observed you standing on a public sidewalk, looking in car (or business) windows, checking for locked doors.
To summarize, unless you are pulled over while driving a car or are otherwise looking suspicious and are acting like you are or are about to commit a crime, then police have no business walking up to you and demanding to see your ID.
You know, that makes me feel all warm and fuzzy inside. Nice to see all those years of studying how to conduct research has finally paying off.
So, when next you are approached by the police AND (
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