Legal Question in Criminal Law in California

If one smokes underage and a police officer stops the suspect because they look underage. Is that considered reasonable suspicion so the cop may ask for ID? Or would that be considered profiling and the suspect may refuse to ID and continue smoking, even though they are underage?


Asked on 8/13/12, 11:22 pm

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It's profiling, but it is not prohibited profiling. It's the police observing you breaking the law.

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Answered on 8/14/12, 6:58 am
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

they can ask for ID from most anyone at most anytime.

It's profiling I guess ... but not prohibited ... I like that.

There's no cheese down that maze is answer I think we can all agree on.

Good luck!

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Answered on 8/14/12, 9:44 am
Terry A. Nelson Nelson & Lawless

Nobody gets to 'refuse' ID to police. Do so at your peril. They can then take you into custody in order to determine your ID with booking and fingerprinting.

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Answered on 8/14/12, 11:54 am


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