Legal Question in Criminal Law in California

if a police officer stops me when i am walking on the street and asks me to show him my drivers license do i have to.


Asked on 11/17/11, 9:33 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Maybe not legally, at least not in California, but if you don't comply you will be guilty of "contempt of cop." The officer might well react in a way that you won't like, such as arresting or citing you for a bogus reason. He might even beat you upside the head. See www.papersplease.org for a comprehensive discussion of the issue; and of the U.S. Supreme Court case, Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004).

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Answered on 11/17/11, 9:58 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

One never has to answer a question from a police officer but if one is going to answer the question, answer it truthfully. If the truth may incriminate you in any way, don't answer it. It's always best to say I will not answer the question without the presence of my lawyer and don't let the officer trick into answering the questions. Always ignore comments such as ,"If you must talk to your lawyer, you must be guilty" or Can't you answer one question?"

While we are on the subject, never consent to a search. If they search you anyway, do not resist but do not consent. If they say they are going to get a search warrant, say,"Go ahead, but I will not consent." During the search if possible, or immediately after the search, call your lawyer.

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Answered on 11/17/11, 11:14 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Attorney Shapiro is correct -- sorry to have left out the important information about not talking to cops and not consenting to searches -- plus one thing: since you aren't a lawyer, you don't know what will or won't incriminate you. So a polite "I have nothing to say to you without an attorney present" or my favorite, "I have no statement," followed by saying nothing at all, not one word, is best. Every day we hear from people who could have avoided jail or prison if they had only remained silent.

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Answered on 11/18/11, 12:29 am
Terry A. Nelson Nelson & Lawless

No, you could show it at the jail where he will take you in order to ID you through booking fingerprints and photos.

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Answered on 11/18/11, 2:16 am


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