Legal Question in Constitutional Law in Florida

When is it legal to refuse to present identification to the police ? If I have not committed a crime or not even committed a crime if I am walking down the street

in broad daylight can I refuse to present identification to the police ? I know this might be an unusual question but where I live it does happen with the police and they

say that they can arrest someone for not presenting ID.


Asked on 8/16/09, 2:40 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

When you are officially detained, you must present ID. As a citizen, if you refuse to present ID, you may be detained as a suspect, and then compelled to produce ID. So, cops are more-or-less right that they may request ID or detain you or take you into custody.

A lot of what happens after detainment is "blowing smoke", though, and if you are involved in any interrogation, you should shut your mouth and affirmatively ask for an attorney.

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Answered on 8/16/09, 11:18 pm


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