Dundalk, MD asked in Criminal Law and Constitutional Law for Maryland

Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?

The police of been called on a subject in a store for suspicious activity. Can the store require an ID to complete a banning notice. Does that subject have to show ID or can he just leave?

1 Lawyer Answer

Mark Oakley

  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.

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