Jacksonville, FL asked in Criminal Law and Civil Rights for Florida

Q: Can a police officer detain me and demand ID because they say I look young and it's past a curfew for minors?

In the past, I have have officers stop me while walking down the sidewalk late at night and demand that I present ID to validate my age. I've always complied because it caught me off gaurd, and I wasn't confident enough with the law to assert myself.

In my state, police can only demand ID when I am detained, and they have to articulate a fair reason they think I'm involved in a crime. However I'm wondering if me "looking" a certain age is really a fair reason to suspect me of violating curfew. It does not seem like that would work with other cases. For example, it wouldn't be fair for an officer to detain me for murder because they feel I look like a murderer, this could be a lawsuit.

I'm wondering if that same logic applies to this situation, or if this is somehow different. Lots of people are telling me it's a legitmate reason, but I don't really understand how. I AM an adult, and have no warrants, so I'm fine either way. Thanks in advance.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If there is a curfew in your area, stopping people who, like you, appear to be under age is the only practical enforcement mechanism I can think of. Stores that sell alcohol are required to card people who appear to be under-age; same idea.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.