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Rights when police officer asks for id

M

moomoo40moo

Golden Member
The eight of us were recently on a canoing trip and 4 of us got separated from the group. The 4 of us got off the water and the canoe rental place took us back to where we rented the canoes, and we told them about the others. They said that they would continue to look for them down river. Thing is, the owners of the 2 cars we came in were still on the canoe, so we had no money, no phones, and the cars were locked. We sat around for probably an hour and a half waiting for them to come back, and then this homeless guy comes with pales and fills them up with water (on the property of the canoe rental place). We talk to him, ask him what hes doing, and then a police car pulls up with 2 officers in it. They ask us if this guy is bothering us (apparently hes known around the town) and we say no its fine. Then they ask us what we're up to and we tell them how our friends are missing on the river in a canoe, but we can't call them or do anything because our phones are in their (locked) cars. We ask them if they could open our BUDDY's car door (they later tried to tell us that it was me that said it was my car)so we could call them and get things figured out (by this time its starting to get dark). They say sure and get it open and we were very thankful because we knew they were doing us a favor. As my friend tosses me my wallet from the car, the officer asks me for my id. I said that I did not have it in my wallet at the time. (I had kept in my own car for the day not wanting to take it canoing) He says how his son can lie better than that and how can I not have my id in that fat wallet of mine. I said, ok. He then asked me if I knew that he could detain me for not giving him my id. I said ok. He then said that if I did not give him my wallet immediately, he would taser me. I then gave in to his demands and he handcuffed me and put me in the back of the squad car for about and hour and a half. I was then let out and said I was free to go, with him making it a point that I was just detained and not arrested. I sure felt like I was arrested as he said I was going to jail multiple times. My friends finally came back on the canoe and we left. None of us were charged with anything, and things were taken from my wallet without my knowing and without a receipt of what they had took. When I questioned the officer about this, he said I would go to jail if I talk again. He said any fines or tickets would be mailed to us. So then we finally left.

My question is 1. Did he have any right to open up my buddy's car without his express permission and without him being there?

2. Did the cops have any reason to ask for my id in the first place (no crime occurred, was occurring, or was about to occur) and did he have any right to force me to hand over my personal property to him by threatening me with a taser. ( The cop never asked me for my name and age, which he could have easily compared to police records) Statute I found regarding this issue is 968.24

thanks guys
 
I had some sympathy for you until I got to this line:
My question is 1. Did he have any right to open up my buddy's car without his express permission and without him being there?
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He did you a favor, but because of how he acted afterwards you want to use it against him?

:thumbsdown:
 
In CA, an officer can approach and speak to a civilian at any time, for any reason. Part of that includes asking for ID. HOWEVER, being put in the back of a police car in cuffs for over an hour definitely requires probable cause as it is nothing short of a detention.
 
He asked for your id b/c he wanted to make sure it was yours. By refusing, he could detain you til he determined if you were telling the truth.
 
Originally posted by: mugs
I had some sympathy for you until I got to this line:
My question is 1. Did he have any right to open up my buddy's car without his express permission and without him being there?
Click to expand...

He did you a favor, but because of how he acted afterwards you want to use it against him?

:thumbsdown:
Click to expand...

seems like the detention left a bad taste in OP's mouth...
 
Originally posted by: Capt Caveman
He asked for your id b/c he wanted to make sure it was yours. By refusing, he could detain you til he determined if you were telling the truth.
Click to expand...

We told him the car wasn't ours, so why would he need to compare those names
 
I think there's maybe a bit more to the story than the OP has told us. My guess is, OP acted like a dick toward the cop and pissed him off.
Garbage in, garbage out.
 
Originally posted by: moomoo40moo
Originally posted by: Capt Caveman
He asked for your id b/c he wanted to make sure it was yours. By refusing, he could detain you til he determined if you were telling the truth.
Click to expand...

We told him the car wasn't ours, so why would he need to compare those names
Click to expand...

A picture ID would have let him know you are who you are saying you are. Surprised you didn't need an ID to go rafting.
 
Originally posted by: moomoo40moo
Originally posted by: Capt Caveman
He asked for your id b/c he wanted to make sure it was yours. By refusing, he could detain you til he determined if you were telling the truth.
Click to expand...

We told him the car wasn't ours, so why would he need to compare those names
Click to expand...

Ok so cop A unlocks unknown persons car B and hands its contents (a wallet) to unknown person C. Don't you think it's reasonable for the cop to want to verify that person C's ID is actually in the wallet.

Now, Im sure everything LOOKED legit, but can you imagine if the copy was scammed and he had actually opened up the door for the thieves? The least the cop could do is verify the contents given out were given to their real owners.

The OP (if he didn't have his license) shouldnt have said 'I dont have it' he should have offered the wallet to the cop and told him exactly what WAS in there thus proving (within a reasonable certainty) that the wallet was the OPs...

 
Originally posted by: Pacfanweb
I think there's maybe a bit more to the story than the OP has told us. My guess is, OP acted like a dick toward the cop and pissed him off.
Garbage in, garbage out.
Click to expand...

Yeah, I'd say there's more to the story than we've gotten.

At the very least, the cop should be fishy about you asking to be let into a car, and the fact that you take a wallet and just happen to not have any ID in it. Without any ID, how does he know you're not just stealing it? Not only that, but if you gave him attitude I would think he probably wasn't too happy.
 
Did the cops ask any of the other three people for their IDs? One would assume that if the other people had their IDs and confirmed that you were with them, that the cops would have been OK with it. Sounds like you said or did something that made the cops unhappy.
 
Originally posted by: darkswordsman17
Originally posted by: Pacfanweb
I think there's maybe a bit more to the story than the OP has told us. My guess is, OP acted like a dick toward the cop and pissed him off.
Garbage in, garbage out.
Click to expand...

Yeah, I'd say there's more to the story than we've gotten.

At the very least, the cop should be fishy about you asking to be let into a car, and the fact that you take a wallet and just happen to not have any ID in it. Without any ID, how does he know you're not just stealing it? Not only that, but if you gave him attitude I would think he probably wasn't too happy.
Click to expand...

basically there was a fake id in the wallet and i'm pissed. The girl that was with us was asked for her id (which was in her purse in the car) and she said she didn't have it with her, and she was put in the police car as well. They just looked up her info and it was fine. BUT I am under the assumption that the fake may not be used in court if obtained illegally (thus pissed about them opening the car)

the only way i had an attitude with the cop was from declining to give him my wallet repeatedly. he came into the cop car when me and the chick were in there a couple times saying that what we were saying is being recorded. I said that that was good, I would be nervous if it wasn't, and he got pissed and closed the door. He was younger must be in thirties and I found out later that he was the chief. There was another cop with him the whole time, only said a few words the whole time, I got the vibe that he just wanted to leave and let us be.
 
Originally posted by: crt1530
Did the cops ask any of the other three people for their IDs? One would assume that if the other people had their IDs and confirmed that you were with them, that the cops would have been OK with it. Sounds like you said or did something that made the cops unhappy.
Click to expand...

unfortunately i was the first they asked, and it went downhill from there. While they were opening the car we were talking to them just bullsshitin askin them about how they had to get shot with the taser, hes like o yea had to go through that and it felt like all around good vibe from everyone.
 
Yeah pretty much on par, OP leaves out key information in the first post.

Sorry but those are the risks you take having a fake. Next time don't ask the cops for help.
 
Originally posted by: moomoo40moo
Originally posted by: darkswordsman17
Originally posted by: Pacfanweb
I think there's maybe a bit more to the story than the OP has told us. My guess is, OP acted like a dick toward the cop and pissed him off.
Garbage in, garbage out.
Click to expand...

Yeah, I'd say there's more to the story than we've gotten.

At the very least, the cop should be fishy about you asking to be let into a car, and the fact that you take a wallet and just happen to not have any ID in it. Without any ID, how does he know you're not just stealing it? Not only that, but if you gave him attitude I would think he probably wasn't too happy.
Click to expand...

basically there was a fake id in the wallet and i'm pissed. The girl that was with us was asked for her id (which was in her purse in the car) and she said she didn't have it with her, and she was put in the police car as well. They just looked up her info and it was fine. BUT I am under the assumption that the fake may not be used in court if obtained illegally (thus pissed about them opening the car)

the only way i had an attitude with the cop was from declining to give him my wallet repeatedly. he came into the cop car when me and the chick were in there a couple times saying that what we were saying is being recorded. I said that that was good, I would be nervous if it wasn't, and he got pissed and closed the door. He was younger must be in thirties and I found out later that he was the chief. There was another cop with him the whole time, only said a few words the whole time, I got the vibe that he just wanted to leave and let us be.
Click to expand...
So let's list all of this out: enlisting the cops' help to obtain a wallet with a fake ID in it, refusing to comply with the officer's legitimate demand to confirm it was your wallet and making snarky remarks about being recorded. You aren't too bright, are you?
 
Originally posted by: moomoo40moo
Originally posted by: darkswordsman17
Originally posted by: Pacfanweb
I think there's maybe a bit more to the story than the OP has told us. My guess is, OP acted like a dick toward the cop and pissed him off.
Garbage in, garbage out.
Click to expand...

Yeah, I'd say there's more to the story than we've gotten.

At the very least, the cop should be fishy about you asking to be let into a car, and the fact that you take a wallet and just happen to not have any ID in it. Without any ID, how does he know you're not just stealing it? Not only that, but if you gave him attitude I would think he probably wasn't too happy.
Click to expand...

basically there was a fake id in the wallet and i'm pissed. The girl that was with us was asked for her id (which was in her purse in the car) and she said she didn't have it with her, and she was put in the police car as well. They just looked up her info and it was fine. BUT I am under the assumption that the fake may not be used in court if obtained illegally (thus pissed about them opening the car)

the only way i had an attitude with the cop was from declining to give him my wallet repeatedly. he came into the cop car when me and the chick were in there a couple times saying that what we were saying is being recorded. I said that that was good, I would be nervous if it wasn't, and he got pissed and closed the door. He was younger must be in thirties and I found out later that he was the chief. There was another cop with him the whole time, only said a few words the whole time, I got the vibe that he just wanted to leave and let us be.
Click to expand...

So basically you lied to us (or purposefully withheld the truth). You're a douchebag.
 
I don't see that it was obtained illegally. Your friend got it out of the car and gave it to you. Then you gave it to the officer. I think in some states its illegal to not report a fake ID, and so the officer taking it likely is not breaking any law (and in fact you likely were by having it). Be thankful they didn't take you back to the police station and either call your parents (if you're under 18) or arrest you.
 
Originally posted by: mugs
So basically you lied to us (or purposefully withheld the truth). You're a douchebag.
Click to expand...
Sort of like he did to the cops.

Yes, the cop can ask you for your ID. Yes, you are supposed to give it to them.

 
From the sounds of things, you could probably have been charged with disorderly conduct. Count your blessings.
 
Originally posted by: Pacfanweb
Originally posted by: mugs
So basically you lied to us (or purposefully withheld the truth). You're a douchebag.
Click to expand...
Sort of like he did to the cops.

Yes, the cop can ask you for your ID. Yes, you are supposed to give it to them.
Click to expand...

Just out of curiosity, what happens to the few who don't have a drivers license/state ID? There's no laws yet to my knowledge that it's required of you, unless you're driving a car of course..
 
Originally posted by: darkswordsman17
I don't see that it was obtained illegally. Your friend got it out of the car and gave it to you. Then you gave it to the officer. I think in some states its illegal to not report a fake ID, and so the officer taking it likely is not breaking any law (and in fact you likely were by having it). Be thankful they didn't take you back to the police station and either call your parents (if you're under 18) or arrest you.
Click to expand...

the cop opening the car without owners consent is illegal, and thus all subsequent evidence seized is suppressed...
 
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