Hastings, MN asked in Criminal Law and Civil Rights for Minnesota

Q: Do you have to provide ID when being trespassed from a bar in minnesota?

I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just wanted me to leave. I said ok we are leaving. Then they said ohhh wait they want to trespass you. I refused to provide ID because I felt I didn’t commit a crime. Then I was arrested for disorderly conduct and obstruction of justice for failing to provide ID appearently.

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation to handle this for you before you have to appear in court.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: To my knowledge, a person is not required to show police an ID, unless driving or a few other similar exceptions. However, if police have probable cause of criminal activity, enough to lawfully arrest, they would be able to legally search incident to arrest and find an ID carried on the person. That said, I see no reason why a person in this situation would not get representation from a criminal defense lawyer, in an effort to knock down any criminal charge relating to refusing to show an ID.

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