ID when walking?

[Steelharp]

A young friend of our family was out walking in Hendersonville the other night. Beautiful evening, just getting some air. HPD pulled over and asked if he had any ID on him. He had left it at home. The officer proceeded to tell him that if he's over 18, he's required to have his ID on him, or he gets to spend the night in jail.

Seriously?? Vee must haf our paperz, or zee SS vill detain us?

[Kenstaroni]

guilty until proven innocent it seems sometimes huh..

[JeffL]

Don't sound right or else there wouldn't be a big stink about requiring an ID for voting, right?

I'll always have my HCP on me anyway.

[Guest pfries]

I know of no law off the top of my head (and I could be wrong) that states you have to have or show your ID. Unless you are driving or flying.

If your friend was being detained they would have to identify themselves.

Some one may have more or better input but this is how I have come to understand it.

[Pain103]

No ID is required to be on person except for a driver's license while operating a motor vehicle. I seriously doubt H'ville has any city ordinance that requires to be in possession of ID at all times.

[UncleJak]

I used to work in H'ville and that is just their officers doing what they do best....bothering people who aren't doing a thing. I got stopped one morning in the parking lot of my place of employment (with my company shirt and hat on) and questioned on my activities. I told them I was heading into work (while pointing at my hat) and they said "where do you work, and why are you here so early?" They ended up letting me go on, but I thought it was silly to stop me without any reason whatsoever.

[Steelharp]

Man. So, to finish my start on this, they did give him a ride to his home to make him produce his ID. Anyone else think this a bit Gestapo-ish?

[Guest pfries]

Man. So, to finish my start on this, they did give him a ride to his home to make him produce his ID. Being the Gestapo and all.

Got that for ya

[Guest boatme99]

You are NOT required to carry any id. A dl is for driving.

NYC cops arrested a student for the same thing a few weeks ago. Waiting to see what happens there. Keep us posted on your friend.

[Steelharp]

Keep us posted on your friend.

There's no further news. After he produced his ID at home, the officer just left. End of story.

[E4 No More]

You are NOT required to carry any id. A dl is for driving.

NYC cops arrested a student for the same thing a few weeks ago. Waiting to see what happens there. Keep us posted on your friend.

In the NY case the person was actually arrested for trespassing in a closed public park. She was held by the excuse that they had to confirm her ID before releasing her, and it was agreed that the arresting officer was a dick in not taking her to get her ID.

In this case I'd tell the HPD officer to go pack sand.

[Fallguy]

Some states do have a "Stop and Identify" law. However TN is not one of them. The Supreme Court has ruled that it is constitutional in the states that have it.

There are times you may be required to ID yourself to a LEO, but it can be just verbal, nothing says it has to be a state issued ID. It is just the most common form and mistakenly thought of as the only valid form.

What time of night was it? There is state curfew law (39-17-1702). My guess is based on his age that is what the officer was checking if it was after the curfew time.

Edited November 16, 2011 by Fallguy

[sigmtnman]

He should have told the hpd to piss off.

[mikegideon]

He should have told the hpd to piss off.

Squaring off with the cops on the side of the road almost always goes their way. Makes more sense to file a complaint after the fact.

[Smith]

Squaring off with the cops on the side of the road almost always goes their way. Makes more sense to file a complaint after the fact.

You speak truth. I do find it ironic that it seems we say "innocent until proven guilty" but practice "guilty till proven innocent" in a practical sense. HCP's are a good example. Fighting this on the street is a Kwik tactic. Doesn't work all that well.

[Guest bkelm18]

He should have told the hpd to piss off.

I'd like to see how this scenario would work out. My guess is the cops simply wouldn't "piss off". Probably quite the opposite.

[sigmtnman]

Squaring off with the cops on the side of the road almost always goes their way. Makes more sense to file a complaint after the fact.

Telling them no is not squaring off, it is standing up to tyranny. If I end up in jail over it, so be it.

[sigmtnman]

I'd like to see how this scenario would work out. My guess is the cops simply wouldn't "piss off". Probably quite the opposite.

It was a bit of hyperbole. In reality I would just say "No". No different than denying a request to search.

[sigmtnman]

You speak truth. I do find it ironic that it seems we say "innocent until proven guilty" but practice "guilty till proven innocent" in a practical sense. HCP's are a good example. Fighting this on the street is a Kwik tactic. Doesn't work all that well.

Saying no to a request is a "Kwik" tactic? I fail to see the similarity.

[G27]

Man. So, to finish my start on this, they did give him a ride to his home to make him produce his ID. Anyone else think this a bit Gestapo-ish?

Good grief, I'd LOVE to hear the law behind this one.

I don't leave my property unarmed, so I always have ID on me, but were I in his situation I'd be strongly tempted to decline and follow up with a lawsuit based on the cop's further action.

[Fallguy]

Good grief, I'd LOVE to hear the law behind this one.

I don't leave my property unarmed, so I always have ID on me, but were I in his situation I'd be strongly tempted to decline and follow up with a lawsuit based on the cop's further action.

Well like I said before there is a state curfew law for minors 39-17-1702. So at 18 he could have appeared to be a minor. Waiting for the OP to come back and say what time it was to see if it was after the curfew time.

But it does seem a bit far to go just for a potential curfew violation. ...and the statement that you must carry ID is a bit upsetting as well. It is not the first time I have heard of LEOs saying this.

[Jasongar8]

Well it was Hendersonville. They are known for being "aggresive". I'm not surprised.

[G27]

Well it was Hendersonville. They are known for being "aggresive". I'm not surprised.

Sounds like Germantown, where I've had friends pulled over for 'DWB'...

[Guest pfries]

I've had friends pulled over for 'DWB'...

?

[G27]

Sorry, DWB - 'driving while black'