Gallatin, TN asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee

Q: If I'm unlawfully stopped by police, under my protected constitutional rights am I required to present my id?

1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
  • Brentwood, TN
  • Licensed in Tennessee

A: I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th Amendment arguments are usually used by criminal defendants to suppress evidence. Your identification would not be the sort of evidence it would be useful to suppress. If you have additional questions, I recommend you consult with an experienced criminal law attorney.

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