In some states, you are required to show your photo ID to cops if they are questioning you on public streets or curbs and in some states citizens are required to show their photo ID to cops even if cops are randomly questioning a person. Other states require citizens to show their photo ID to cops simply if cops request it. Does Ohio have laws such as these?
It depends. If you are driving, you must have a valid driver’s license available to show to the police on request. You are NOT required, however, to carry a photo ID with you when walking around in public and you are not required to show it to a police officer on request.
Ohio has what’s called a "stop and identify" statute. This means that if the police reasonably suspect that you are engaged in criminal activity or have witnessed certain criminal activity, they can ask you to provide your name, date of birth, and address. The information you provide must be correct, but you are NOT required to provide any more information than that. You can, however, share this information verbally; you don’t have to be carrying a photo ID.
If a police officer asks to see your ID, you should say "officer, are you detaining me, or am I free to go?" If they indicate that they are detaining you, you should be prepared to tell them your name, date of birth, and address. You are perfectly free to assert your Fifth Amendment rights to remain silent and refuse to disclose any additional information without the assistance of an attorney.
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5 Responses to “In the state of Ohio, are citizens in public square required to show their photo ID to cops if requested?”
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September 3rd, 2010 at 6:44 pm
If a cop asks to see your ID, you have to show it to him, or you could be detained until they find out who you are…
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September 3rd, 2010 at 6:50 pm
Not only in OHIO, but anywhere a police officer asks you to show him ID, you have to show it to him upon his or her request.
You do have the right to refuse, and they have the right to take you to the police station, lock you up until your finger prints come back which should only be a day or two
References :
Law enforcemenht 30 years, 25 as a supervisor
September 3rd, 2010 at 7:37 pm
I would challenge anyone to find a state in the US that requires a person to show photo ID to the police under the circumstances you’ve described here.
To require that would require that people possess a photo ID and I’m not aware of any law anywhere in the US that requires you to possess photo ID just because you live here.
You might be requested or required to identify yourself to the police under certain circumstances, but under the circumstances you’re asking about here merely providing your true name and possibly other identifying information such as your date of birth is all you’re normally legally required to give. And all this assumes you live in a state where such identification is required under the circumstances you’re asking about here.
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In my 21st year of California law enforcement.
September 3rd, 2010 at 7:56 pm
It depends. If you are driving, you must have a valid driver’s license available to show to the police on request. You are NOT required, however, to carry a photo ID with you when walking around in public and you are not required to show it to a police officer on request.
Ohio has what’s called a "stop and identify" statute. This means that if the police reasonably suspect that you are engaged in criminal activity or have witnessed certain criminal activity, they can ask you to provide your name, date of birth, and address. The information you provide must be correct, but you are NOT required to provide any more information than that. You can, however, share this information verbally; you don’t have to be carrying a photo ID.
If a police officer asks to see your ID, you should say "officer, are you detaining me, or am I free to go?" If they indicate that they are detaining you, you should be prepared to tell them your name, date of birth, and address. You are perfectly free to assert your Fifth Amendment rights to remain silent and refuse to disclose any additional information without the assistance of an attorney.
References :
http://codes.ohio.gov/orc/2921.29
September 3rd, 2010 at 8:32 pm
What are the circumstances of the "random questioning". Usually Police have some basis to conduct what is called a "Field Interview" or "Field Interrogation".
It’s not generally an effective use of a cops time to just stop and chat with anyone.
But to answer your question, if you are doing absolutely nothing wrong and there is nothing the officer can articulate that would justify an identification under a Terry Stop or under the Ohio Patriot Act then you could refuse. But typically an officer could articulate some suspicion or reason to cause you to identify yourself.
Some have even argued that refusing to identify yourself is suspicious behavior. After all, if you are not a wanted person and doing nothing wrong why wouldn’t you identify yourself so you can be on your way.
It would seem reasonable to most courts to ask you to provide simple and basic identifying information.
References :
Police Officer/Detective, 13 years (Ohio)