When Does The Law Require You To Tell Police Your Name?
You have the right to remain silent, except when you don’t. It is possible to face criminal penalties for refusing to tell a police officer your name or to show a government-issued identification card in situations where the law requires this. Police officers have the right to ask you your name if they are investigating a possible offense, and you must answer. Whether the officer reasonably suspected that a crime was taking place or had taken place is a matter of debate; the officer might arrest you if you refuse to answer, but you may be able to avoid criminal penalties if you argue in court that the officer did not have a good reason to ask you to identify yourself in the context of the investigation. At traffic stops, though, the laws about ID are more clear cut. If you are facing criminal charges, but you are not sure whether the police were within their rights to ask you for ID, contact a West Palm Beach criminal defense lawyer.
Providing Identification During Traffic Stops
It is illegal to drive a motor vehicle in Florida unless you have a valid driver’s license. Therefore, if a police officer pulls you over because of a suspected traffic violation or crime, whether you have a driver’s license is a reasonable question. The law also requires you to carry your driver’s license with you whenever you are driving.
As for what else police can investigate during a traffic stop, it depends on probable cause, which is more ambiguous than it sounds. Police might ask to search the car based on any excuse, but you have the right not to consent to a search. If you are a passenger, and the officer asks your name, you should answer truthfully; you should assume that the officer is investigating a possible crime, but do not assume that you will face charges because of it. You are not required to carry your driver’s license when you are a passenger in a car.
Loitering and Prowling
What about when you are not driving? Police are not supposed to go around asking everyone they see to show ID. They do, however, have the right to ask you to identify yourself if they see you doing something that someone would not ordinarily do if he or she did not have criminal intent. If you are walking slowly around a parking lot, you are probably looking for your car. If you are walking slowly around a parking lot looking in the windows of all of the cars, though, this probably means that you are looking for items to steal or information to memorize in the context of identity theft.
Contact a West Palm Beach Criminal Defense Lawyer Today
Attorney William Wallshein has more than 41 years of experience, including five years as a prosecutor in Palm Beach County. Contact William Wallshein P.A. in West Palm Beach, Florida to discuss your case.
Source:
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