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Fellow CA UOCer arrested.

W

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
bigtoe416 said:
Exactly right. You have to be in violation of a law to be required to provide ID is my understanding.
Click to expand...

Well, no. You do not have to present ID.

In fact, absent RAS, you don't have to even say your name.

In fact, without a valid "Stop and ID" statute, you don't have to state your name even WITH RAS.


That is the point of Hiibel. And, Kolendor struck down the "show a valid ID" CA statute. So, CA isn't a "stop and ID" state.


SO, in California, unless other statute requires identification (such as motor vehicle code that would require showing a license to operate), there is NO ONUS to even give your name to LE.




[IANAL, and I didn't stay at a Holiday Inn Express last night]
 
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