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The Water Cooler
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What is the state law on producing I.D. on demand from law enforcement
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<blockquote data-quote="Snattlerake" data-source="post: 4110649" data-attributes="member: 44288"><p>From an attorney's website.</p><p></p><p>[URL unfurl="true"]https://www.bryanterrill.com/do-i-have-to-show-my-id-to-police/#:~:text=Oklahoma%20is%20not%20a%20%E2%80%9Cstop,merely%20to%20satisfy%20their%20curiosity.[/URL]</p><p></p><p></p><p>POSTED IN <a href="https://www.bryanterrill.com/category/civil-rights-3/" target="_blank">CIVIL RIGHTS</a>,<a href="https://www.bryanterrill.com/category/criminal-law/" target="_blank">CRIMINAL LAW</a>,<a href="https://www.bryanterrill.com/category/privacy-2/" target="_blank">PRIVACY</a> ON NOVEMBER 25, 2014</p><p></p><p></p><p>Citizen-police encounters often begin with an officer asking for identification. People generally provide this information without questioning the legitimacy of the request. In circumstances where a citizen does question the officer, a typical response is generally, “because I’m a police officer,” or “because I said so.”</p><p></p><p>But what if the officer is wrong? What if he is not entitled to your identification?</p><p></p><p>Two things will generally determine if the officer is legally entitled to know who you are. First, do you live in a compulsory identification state? If so, then you must provide your identification upon request. Currently there are approximately 24 states that have so-called “stop and identify” laws that require citizens to provide their identification when asked by police.</p><p></p><p><strong>Oklahoma is <em>not</em> a “stop and identify” state. In other words, you are not required to reveal your identity to anyone– including a police officer– merely to satisfy their curiosity.</strong></p><p></p><p>The second issue is far more common. <strong>If you are suspected of committing a crime, the police may lawfully require that you reveal your identity.</strong> How do you know if you are suspected of committing a crime? Ask the police officer if you are free to go. If so, then you can also maintain your privacy.</p><p></p><p>If you satisfy the two criteria above, e.g. (1) you do not live in a compulsory identification state; and (2) you are not suspected of committing a crime, then you may lawfully decline to reveal your identity to the police.</p><p></p><p>This does not mean that the police will not arrest you; some less professional or untrained officers will view the assertion of your constitutional rights as a challenge to their authority and decide to arrest you anyway. If this happens, you have a valid claim against the officer for violating your rights as secured by the Fourth Amendment to the United States Constitution.</p><p></p><p>I'm still looking for the state statute in regard to this.</p></blockquote><p></p>
[QUOTE="Snattlerake, post: 4110649, member: 44288"] From an attorney's website. [URL unfurl="true"]https://www.bryanterrill.com/do-i-have-to-show-my-id-to-police/#:~:text=Oklahoma%20is%20not%20a%20%E2%80%9Cstop,merely%20to%20satisfy%20their%20curiosity.[/URL] POSTED IN [URL='https://www.bryanterrill.com/category/civil-rights-3/']CIVIL RIGHTS[/URL],[URL='https://www.bryanterrill.com/category/criminal-law/']CRIMINAL LAW[/URL],[URL='https://www.bryanterrill.com/category/privacy-2/']PRIVACY[/URL] ON NOVEMBER 25, 2014 Citizen-police encounters often begin with an officer asking for identification. People generally provide this information without questioning the legitimacy of the request. In circumstances where a citizen does question the officer, a typical response is generally, “because I’m a police officer,” or “because I said so.” But what if the officer is wrong? What if he is not entitled to your identification? Two things will generally determine if the officer is legally entitled to know who you are. First, do you live in a compulsory identification state? If so, then you must provide your identification upon request. Currently there are approximately 24 states that have so-called “stop and identify” laws that require citizens to provide their identification when asked by police. [B]Oklahoma is [I]not[/I] a “stop and identify” state. In other words, you are not required to reveal your identity to anyone– including a police officer– merely to satisfy their curiosity.[/B] The second issue is far more common. [B]If you are suspected of committing a crime, the police may lawfully require that you reveal your identity.[/B] How do you know if you are suspected of committing a crime? Ask the police officer if you are free to go. If so, then you can also maintain your privacy. If you satisfy the two criteria above, e.g. (1) you do not live in a compulsory identification state; and (2) you are not suspected of committing a crime, then you may lawfully decline to reveal your identity to the police. This does not mean that the police will not arrest you; some less professional or untrained officers will view the assertion of your constitutional rights as a challenge to their authority and decide to arrest you anyway. If this happens, you have a valid claim against the officer for violating your rights as secured by the Fourth Amendment to the United States Constitution. I'm still looking for the state statute in regard to this. [/QUOTE]
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