Legal Question in Traffic Law in California

police power

If a person is walking along a street or riding their bicycle, and a policeman stops them, is a person required to have ID on them? If they don't have ID, can the police give them a citation for not having it? Can the policeman detain you to ask you questions if you haven't broken any pedestrian or cyclist law?


Asked on 9/15/05, 11:45 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: police power

As far as I know, this is still Free America, and there is no law requiring you to have identification on you if you are simply walking or riding a bicylcle. However, the Supreme Court has found that you are required to identify yourself by name when asked by a police officer. If you were given a citation for not having id while walking or riding a bike, I would fight the ticket. A police officer is allowed to detain you and investigate when they can articulate facts which would give them a reasonable suscpision that a crime has been committed. They cannot arrest unless they have probably cause or a warrant. Good Luck.

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Answered on 9/21/05, 4:40 pm


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