Van Buren, AR asked in Traffic Tickets and Civil Rights for California

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.

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1 Lawyer Answer
James L. Arrasmith
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  • Traffic Tickets Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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