Q: In California if an officer pulls you over but has no articulable suspicion of a crime, are you allowed to refuse to ID?
I have seen recently several videos of traffic stops where the officer claims they pulled the driver over for a reason that was cleared up once they pulled over the vehicle (an example being claiming they couldn't see the license plate on the road, but confirming it was there and clearly visible once stopped). In the videos they still asked for ID. I know that drivers are legally required to ID during traffic stops, but my question is does this still apply when the officer no longer has articulable suspicion of a crime?
A:
In California, during a traffic stop, you are generally required to provide identification, even if the officer's initial reason for stopping you is cleared up once they pull you over. The law requires drivers to present their license, registration, and proof of insurance when asked by a law enforcement officer during a traffic stop.
If the officer no longer has an articulable suspicion of a crime after stopping you, you still need to comply with their request for identification. Refusing to provide your ID can result in additional legal consequences, such as being cited or arrested for failing to comply with lawful orders.
However, if you believe the stop was unlawful or the officer's conduct was inappropriate, you can contest the stop and any citations in court. It's important to remain calm and cooperative during the stop and address any grievances through the proper legal channels later.
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.