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In Florida, you must carry photo ID on person

Posted on 6/28/17 at 12:29 am
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 6/28/17 at 12:29 am
Do other states have this law?

Asking for a friend. I do not carry ID unless I am driving.
Posted by FooManChoo
Member since Dec 2012
43833 posts
Posted on 6/28/17 at 12:32 am to
Not sure if my state requires it but unless I'm in my house, I always have my wallet on me and my licence and CCP are in that, so I'd be covered.
Posted by EKG
Houston, TX
Member since Jun 2010
44996 posts
Posted on 6/28/17 at 12:42 am to
I believe what what you're describing is a stop and identify statute.

This link is somewhat dated (2013), but it looks like many states have such statutes in place; however:
quote:

[the statutes] authorize police to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states.


States (colored red) in which Stop and Identify statutes are in effect as of February 20th, 2013.
This post was edited on 6/28/17 at 12:49 am
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12257 posts
Posted on 6/28/17 at 12:50 am to
Hum... I'm almost 100% sure that as long as you're not doing something that would require an ID (driving, carrying alcohol, possession of a firearm) then you're not required to have your ID on you.

Hell, I never bring mine with me when I go jogging around the neighborhood, or around the campus/LSU lakes.
Posted by EKG
Houston, TX
Member since Jun 2010
44996 posts
Posted on 6/28/17 at 12:59 am to
I guess as long as you don't commit a crime while jogging, you're fine .

Admittedly, I'd never heard of the mandatory ID thing (we don't have this law in Texas), and I was surprised to read about the statutes when I Googled the topic.

I'm not going to spend the time cross-walking the data, but I wonder how many of these mandatory ID states holler about voter ID? Seems like the two are incongruous.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 6/28/17 at 1:07 am to
You can also provide a verbal identification (name, birthdate, etc.) unless you are driving (something that requires you carry it on your person)... or, if you're here on a visa or green card, you're supposed to be able to provide proof of that at all times (1952 Immigration Act).

The concept of a national ID has been a hotly contested issue for a while, especially since the feds mandated the True ID or whatever program (using biometrics, I think) after 9/11, with many states resisting.

So I don't think a "papers please in Florida" has happened.
Posted by MoarKilometers
Member since Apr 2015
19801 posts
Posted on 6/28/17 at 5:27 am to
quote:

In Florida, you must carry photo ID on person

For fun, I'd love to see the statute associated with this... cause i don't believe you.

Go get a dui... when the state takes your license and then releases you the next morning, why don't they rearrest you upon release for lack of photo id? Seems almost like a slam dunk, as lots of folks don't carry around 2 forms of government issued photo id.
Posted by Snipe
Member since Nov 2015
13765 posts
Posted on 6/28/17 at 5:36 am to
quote:

[the statutes] authorize police to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, or if the individual looks to have just crossed the Rio Grand an individual is not required to provide identification, even in "Stop and ID" states.



fify
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
67842 posts
Posted on 6/28/17 at 6:00 am to
Literally Nazis
Posted by DawgsLife
Ellijay, Ga.
Member since Jun 2013
60623 posts
Posted on 6/28/17 at 6:07 am to
quote:

In Florida, you must carry photo ID on person


How can they require that to walk around but not to vote?
Posted by tidalmouse
Whatsamotta U.
Member since Jan 2009
30706 posts
Posted on 6/28/17 at 8:07 am to
I am in AL.I don't know the Law but have carried a Picture I.D./D.L. sine 1977.

I would imagine if you were a passenger in a vehicle and Law Enforcement wanted to know who you were,Photo I.D. or not,you wouldn't leave until you could prove your innocence with a S.S.# or a D.L.#.
Posted by Jyrdis
TD Premium Member Level III
Member since Aug 2015
13103 posts
Posted on 6/28/17 at 8:14 am to
quote:

authorize police to legally obtain the identification of someone whom they reasonably suspect of having committed a crime


Just think of how many cases of voter fraud could have been wrapped up, had police been actively monitoring the polling stations.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 6/28/17 at 8:16 am to
AL has a must identify statute, but you are not required to have photo ID on your person. You do have to provide your name and address.


Section 15-5-30
Authority of peace officer to stop and question.

A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.


I imagine FL has a similar statute. FYI, if an officer has probable cause they can stop and identify you without such a statute. This is the definition of a Terry Stop.
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 6/28/17 at 9:07 am to
That statute doesn't support your claim. Do you not see the condition?
Posted by OMLandshark
Member since Apr 2009
117998 posts
Posted on 6/28/17 at 9:12 am to
No, because Florida is a fricking penal colony. It makes sense why this is required.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 6/28/17 at 9:12 am to
If you say so.
Posted by LSU2NO
Baton Rouge
Member since Oct 2007
1940 posts
Posted on 6/28/17 at 9:14 am to
Most people either have their wallet or purse with them if they are out in public. They have to if they are driving. So why is it such a big deal.
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 6/28/17 at 9:21 am to
quote:

Section 15-5-30
Authority of peace officer to stop and question.

A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

The bolded section would seem to change the nature of the police interaction; most likely from consensual/conversational (where you can leave) to detention.

Now, whether you want to ask the cop what he thinks you did or whether he would agree with this interpretation of the law, that's a personal choice for the person being asked to identify themselves.
Posted by Sidicous
NELA
Member since Aug 2015
18624 posts
Posted on 6/28/17 at 9:25 am to
quote:

I am in AL.I don't know the Law but have carried a Picture I.D./D.L. sine 1977.

I would imagine if you were a passenger in a vehicle and Law Enforcement wanted to know who you were,Photo I.D. or not,you wouldn't leave until you could prove your innocence with a S.S.# or a D.L.#.



And you see nothing wrong, or say unconstitutional, with that reasoning?

Hint: Innocent until proven guilty, and that pesky 5th amendment regarding self incrimination and right to remain silent.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 6/28/17 at 10:23 am to
Consensual encounters are different. The OP was regarding when a person is required to identify themselves.
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