Yes. If a police officer asks for identification, it should be provided. Police do not need probable cause...only reasonable articulable suspicion (and sometimes less).
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
If your question is related to a criminal case against you, absolutely seek a consultation with a criminal defense attorney. A lawyer can review the evidence against you, determine whether your constitutional rights were violated, and best present your case in court.
Baltimore Criminal Defense Lawyer - Simple flat fee, contingency fee, and hourly arrangements available. This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed to form an attorney-client relationship.
Also, the court determines whether probable cause exists, after the fact, not the suspects, on the scene.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Yes, you must always give your ID and information to a police officer. Do not, under any circumstances give them a false name or identifying information about yourself, or you will be arrested for a misdemeanor under California Penal Code 148.9.
The issue in Texas is controlled by Texas Penal Code Section 38.02. You can google that statute to see what the law says in Texas. I will not write it out because that would take a while. You can also google "failure to identify" in [name of state] for the state you are in. Keep in mind that cases interpret the law. One can go to an annotated version of the appropriate code for their state to see what the reported cases have held in specific fact situations which have been looked at by the courts.
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