Q: Is it illegal to to do a search for an ID? I specifically said I don’t consent. I was walking on a ramp onto a freeway.
My car was broke and I was walking on the ramp or part of the freeway. I was scared because the officer was driving behind me and cut me off like he was angry. I didn’t identify myself and he got more upset. Another officer came and was acting normal.
I felt safer but didn’t want to get involved. I wasn’t informed of the law I was breaking until later.
A:
In California, pedestrians are generally prohibited from walking on freeways. If an officer has reasonable suspicion that you are violating the law or are involved in criminal activity, they may detain you for a brief period. During this detention, the officer can ask for identification.
If you refuse to provide ID, they may escalate the situation if they believe they have a legitimate reason to identify you. However, you do have the right to refuse consent to a search. If you feel your rights were violated during the encounter, you should document the incident and consult legal counsel. It's crucial to understand your rights during interactions with law enforcement. Taking appropriate legal steps after the encounter can help address any potential violations of your rights.
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.
