ID when walking?

[Guest WyattEarp]

Nothing good happens after 12 when you are a minor. They have NO business being out at that hour!

he wasn't a minor and he can be out at whatever hour he wants. he wasn't breaking any laws.

TN state law (40-7-118) requires a person arrested for a misdemeanor to provide satisfactory proof of identification in order to be released from custody with a misdemeanor citation in lieu of being transported. No ID = Jail. It's an arrest either way - not sure what you mean by "an unlawful arrest" just because the person has to be transported.

that's not what you said. you said you've seen people taken to jail before for not having ID. not having ID is not a crime and there is no law on the books requiring you to have an ID, therefore it would be an unlawful arrest.

[Timestepper]

Back in high school and early college, I worked at the White Store (and then Food City when they bought White Stores out) in Loudon. One Saturday evening I got together with some of my buddies and they told me that they had seen a guy working at a Kroger in Knoxville who looked just like me (poor, ugly bastard.) They said that, at first, they actually thought it was me and almost asked him ("me") when he ("I") had changed jobs. These guys were (and still are, in fact) my closest friends and I had known them for a few years at that point and even they thought this guy was me. They said he even had the same haircut. Remember, this was the early nineties - I had my hair cut like Jason Newsted of Metallica used to have his cut - shoulder length on top and shaved on the sides and in back. Not the most ordinary or common haircut. They said he had a goat-tee, too - just like I had at the time.

After that, I had several friends and acquaintances at UT ask if I worked at Kroger. They all thought this guy was me.

One day, a few years and a completely different haircut later, the boyfriend of the best friend of the girl I was dating back then was kind of ticked at me. He said he had seen me in a bar on the Cumberland Strip and had tried to talk to me but I just acted like I didn't know him. I told him, honestly, that I had never sat foot in that bar in my life. I don't know if it was the same guy others had mistaken for me but I figure it probably was.

I always hoped - and still do - that my doppleganger doesn't do anything that might result in trouble for me.

Something on the order of 23 or so years ago, I'd stopped at truck stop in Cape Girardeau, Mo. to fuel up and take a shower. As I was walking up the stairs leading to where the showers were located, I met someone coming down who looked at me, did a double take, then backed up a step and tripped and fell on his butt. I asked, "Are you okay?" He replied, "Man! you look just like a guy I went to high school with!!!" Given his reaction when he saw me, I quipped "Do you owe him money?" He looked at me again and shook his head and shivered then said, "Christ no - he was killed in a car wreck last week and I just went to his funeral two days ago!!!"

Getting back on track: I'm not going to judge whether or not the OP's young friend was in the right or the officer was in the wrong or vice-verse, but I will say that I never go ANYWHERE without some sort of I.D. Even when I'm just screwing around in the canoe down at the creek, I have (at a minimum) my D.L. and insurance card tucked into a waterproof I.D. case - worst case scenario, at least they'll be able to I.D. my body if I do something monumentally stupid.

...TS...

[kb4ns]

TN state law (40-7-118) requires a person arrested for a misdemeanor to provide satisfactory proof of identification in order to be released from custody with a misdemeanor citation in lieu of being transported. No ID = Jail. It's an arrest either way - not sure what you mean by "an unlawful arrest" just because the person has to be transported.

that's not what you said. you said you've seen people taken to jail before for not having ID. not having ID is not a crime and there is no law on the books requiring you to have an ID, therefore it would be an unlawful arrest.

First, I never said ANYTHING before that post quoted above. I was responding to your response to '10 ring'. You completely misunderstood what he meant. He said that he's seen many people go to jail for not having ID and went on referring to people not being eligible for a misdemeanor citation because they didn't have an ID - thus they go to jail because they don't have satisfactory identification. He didn't mean that he's seen people take a ride to the jailhouse for the sole reason of walking the streets without an ID card.

[Guest WyattEarp]

First, I never said ANYTHING before that post quoted above. I was responding to your response to '10 ring'. You completely misunderstood what he meant. He said that he's seen many people go to jail for not having ID and went on referring to people not being eligible for a misdemeanor citation because they didn't have an ID - thus they go to jail because they don't have satisfactory identification. He didn't mean that he's seen people take a ride to the jailhouse for the sole reason of walking the streets without an ID card.

sorry, I thought that was you, my apologies. the way he said it didn't sound right to me, and the way I read it, sounded like that's what he was saying.

[kb4ns]

You have to have commited some misdemeanor offense first before identifying yourself. Not having ID is not a crime itself.

Right. That is what '10-ring' was saying. None of us goes out planning to commit a misdemeanor, but if for some reason you found yourself being charged with one, not having ID may prevent you from getting a citation; therefor, it's a good idea to have your ID with you.

Also it says "satisfactory" ID, not state issued picture ID. That being said though...I don't think most LEOs would take anything less...

I've accepted a passport one time before when that was all that someone had. It's legal enough for me.

Nowadays with all the computers and PDAs on the street, it's easier for us to verify identity than it used to be. All I gotta do is punch a DL#, SSN, or name/dob in the computer and I can find the ID and the associated photo. There have been many people in the last few years that were saved from the jailhouse only thanks to the computer in my car. Of course, when the computers go down, there ain't a thing in the world I can do for them. And the state's computers go down often.

[kb4ns]

sorry, I thought that was you, my apologies. the way he said it didn't sound right to me, and the way I read it, sounded like that's what he was saying.

Yep, I read his post wrong at first, too.

Bottom line - there's no law requiring you to have ID when you are out walking the streets.

[Guest Don't-Tread-On-Me]

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.

This is why I retain and have a lawyer who has Civil Rights Judgements in his favor in Davidson CO. and all surrounding counties for 6 figures...He doesn't take **** off the LEO's and neither will I...I'd of told the cop to "go hunt" and when he got all ass hurt and arrested me I'd of jacked their asses in court...What a crock of ****!

[G27]

It's worth pointing out that if all cops were like kb4ns this whole discussion probably wouldn't have happened...

[Fallguy]

Right. That is what '10-ring' was saying. None of us goes out planning to commit a misdemeanor, but if for some reason you found yourself being charged with one, not having ID may prevent you from getting a citation; therefor, it's a good idea to have your ID with you.

Got ya

I've accepted a passport one time before when that was all that someone had. It's legal enough for me.

Nowadays with all the computers and PDAs on the street, it's easier for us to verify identity than it used to be. All I gotta do is punch a DL#, SSN, or name/dob in the computer and I can find the ID and the associated photo. There have been many people in the last few years that were saved from the jailhouse only thanks to the computer in my car. Of course, when the computers go down, there ain't a thing in the world I can do for them. And the state's computers go down often.

It's been a while since I dispatched, when I left they were just starting to add the digital picture to your DL info and such. So I am glad you mentioned it. As I said there are times you will have to ID yourself to a LEO...being charged with a misdemeanor is one of them of course. So I had thought if I give you my name, DOB, address and so on most of the time you should be able verify my ID with that info. As long as the network isn't down as you say....

I guess it is also worth mentioning that not all officers in all cities have computers in their cars...

Edited November 17, 2011 by Fallguy

[mikegideon]

They have modifed the law a bit, if someone who reasonably appears over 50 and doesn't have ID, you can still sell it to them. 57-5-301

I'm gonna print copies of that one and pass them out. I've been carded more in the last couple of years than the rest of my whole adult life.

[mikegideon]

It's worth pointing out that if all cops were like kb4ns this whole discussion probably wouldn't have happened...

Truth

[Fallguy]

I'm gonna print copies of that one and pass them out. I've been carded more in the last couple of years than the rest of my whole adult life.

Well the way I read it, they are still supposed to ask. But if you can't produce ID and look over 50 they can still sell it.

I may not ought to say this, but one benefit of going to a regular out of the way place....I am never carded... (...and I don't think I look over 50...lol)

[mikegideon]

Well the way I read it, they are still supposed to ask. But if you can't produce ID and look over 50 they can still sell it.

I may not ought to say this, but one benefit of going to a regular out of the way place....I am never carded... (...and I don't think I look over 50...lol)

The thing that frosts me is the stupidity of it all. I've NEVER been carded in a liquor store.

[Fallguy]

The thing that frosts me is the stupidity of it all. I've NEVER been carded in a liquor store.

LOL...yeah. Beer and Liquor have all kinds of different laws and regulations. Also beer permits issued by local beer boards, liquor licenses issued by the state.

Who knows...

[thefinder808]

+1 for Hendersonville PD being "aggressive". I was on my way to a good friend's funeral and stopped at the K-Mart in Hendersonville to call to confirm the location. I wasn't really thinking straight at that time, and while talking on the phone I opened my door a crack and set a coke can down on the pavement. Three seconds later two cop cars with lights going and woop wooping sirens block me in like I just robbed a bank. I ended up with a $115.00 ticket for littering...in a k-mart parking lot...where the guy in the street cleaner truck gets paid to clean. I know I know littering is bad, but really? They had no mercy. BTW I grew up in Hendersonville, went to middle school and high school there so you'd think I'd know better...