YouTube Shorts is throwing me in a rabbit hole of policeman seemingly overstepping the boundaries when stopping citizens for a routine check. The discussions often revolve around asking and not wanting to show their ID (“unless you can tell me what crime you accuse me of”). Is there a particular reason why they’re so hesitant to present their ID to the police officer? It only seems to escalate the situation. In Belgium I don’t see the harm in showing my ID when I’m stopping by a police officer. (added url as an example)
To start: if you’re operating a vehicle, your right to refuse to id is pretty slim (they need a reasonable articulable suspicion usually, but there’s a chance they have one. Ask for it.).
That said… The laws on this vary state by state. Some states do have stop and id, others do not. Everyone would do well to know the laws for where they are, if they want to refuse id. Even as a motorist, they need a reason to stop you.
Where I am, they’d need to detain me before I’m required to id (as a pedestrian). I am not allowed to lie about my name, so answering, “Mickey Mouse” could technically give them the legal ammo to require real ID (full name, birth date). For a motor vehicle stop they are required to state why they stopped me as the conversation begins. None of this, “do you know why I pulled you over?” and other pretextual stuff.
Some people know their rights and exercise them. The police are supposed to respect those rights. When they do, nothing happens, the video isn’t click-worthy and it doesn’t get published. I think you’re seeing some selection bias.
Audit the audit, civil rights lawyer and other YT channels try to paint an accurate picture of our rights, how and when we can exercise them, and when the police go so far that someone gets paid.
I’ll add: the police having a policy of documenting every interaction, and including the name of the person, does not supercede any rights given by law. They get confused or angry sometimes, but as they’d tell us, ignorance of the law is no defense.
Edits: fixed autocorrect.
Thanks for this extensive explanation. I’ll be on a holiday in the USA with my family this summer. And kind of on a road trip between Washington and New York and back. With all the rights that I have … when asked for my ID … aren’t you just going to advise me to … … ?
The answers (as I understand them) :
If you’re a US citizen, it depends on the state or DC (assuming that’s what you meant by Washington).
If you aren’t a citizen, you don’t have as many rights. Now any law enforcement officer won’t know that you’re not a citizen (if you aren’t), but it’s easiest to just provide papers upon request.
I have never refused to ID, but I’ve only been asked due to legal reasons like speeding or I was near a border or at customs.
In short, go with the flow, don’t break the law, have fun, and enjoy your stay!