What is the state law on producing I.D. on demand from law enforcement

[kingfish]

My wife was telling me an interesting story told to here by a shopkeeper when in his store yesterday. He said he was out riding his bike the night before and was stopped by TPD for not having proper lighting on the bike. During the discussion he was asked for his ID and he told the officer he did not think he needed one when riding his bike. The officer then asked him for his name and his response was something like I'm within my rights not to have to tell you that. Being I was hearing this third hand so there may have been more to the exchange, but the end of the story was he was arrested and spent a night in lockup. That got me to wondering exactly what the law is.
Now in my personal opinion, this guy was an idiot for responding this way. I highly suspect he is the strong progressive type with little respect for law enforcement. Had it been me I would have respectfully informed the officer I was ignorant of the lighting laws for bicycles. When asked for ID I would have then said I'm sorry but I didn't think I would need to carry my wallet when riding my bike. I would have volunteered my name and address and asked the officer if he wished to follow me home I would produce my ID for him. I suspect at that point the officer would let him go on his way with a warning or at most a citation for improper lighting.
I don't understand confrontational attitudes when dealing with LEOs. Has it ever gone well where the officer said oh I'm so sorry. I didn't mean to bother you. I can see you are having a bad day so you can go about your business. Even if you are certain you are in the right, the time for that discussion is best saved for the next day with the shift supervisor. If he is unsympathetic to your complaint, you can contact a lawyer if you really want to press it that hard.

 

[Judi]

...wood shampoo straighten the lil bastard up....

 

[rickm]

Oklahoma is not a stop and id state so no they cant just stop you and request id from you but in this case if he was riding after dark with no lights then yes he was in violation of the traffic code and the officer then has a right to request a id and you either provide it or go to jail your choice.

 

[RETOKSQUID]

He would more than likely just been informed of the need for lighting without a citation then told to have a nice night had his ego not made an appearance.

 

[Firpo]

I really don’t understand the belligerence toward police and would like to know just when this attitude EVER worked out well for the person? I was once pulled over at 2:00 am and the officer asked me to produce my ID and registration. I smiled, handed them over and after he looked at them he explained there had been a lot of auto thefts in the area and wanted to make sure I wasn’t a thief. He handed them back and told me to “have a nice evening”. To which I replied “you too”. We parted ways and I DIDN’T spend the night in jail but rather got to sleep in my own bed.

 

[rickm]

I will give my ID if they give me a violation of a law that i broke but just to be pulling me over no way cause it is illegal for them to just go around pulling people over if you violated no law and just because there was several burglaries in the area doesnt cut it they need to have proof i was the one doing it, suspension isnt a crime, I can go around and saying i suspect any and every one of doing something illegal but doesnt mean they did any of it.

 

[Glocktogo]

Oklahoma is not a stop and id state so no they cant just stop you and request id from you but in this case if he was riding after dark with no lights then yes he was in violation of the traffic code and the officer then has a right to request a id and you either provide it or go to jail your choice.

This is the correct answer. The way it should work is the officer approaches, identifies themselves and states the reason for the contact. If they state a valid reason for the stop, whether it be a traffic code violation or a crime, you’re required to ID yourself. If you do not have a government issued ID on you, then you’re required to give your full name and d.o.b.

If they’re just making contact because you’re “acting suspicious” or “they got a call”, then no, you’re not legally required to ID yourself. Absent RAS, PC or an official, valid criminal trespass complaint, there’s no requirement for you to ID, simply because they want to put a name on their report.

With all that said, that’s not always how it works and so-called “1st Amendment auditors” learn this every day. It’s easy to turn a casual contact into a pissing match that wasn’t necessary.

Now if they’re actually on a fishing expedition or attempting to do the old Kansas Two-Step, you need to know when to politely decline to answer any more questions, refuse any searches and then stfu till they go away.

 

[mr ed]

I thought under the patriot act or some other goofy law GWB signed, you were supposed to carry I.D. on you at all times. Or did the courts strike that down?

 

[GlockPride]

If suspected of a crime and you are being investigated, then you must produce an ID or provide your information.
Any time you are in public, you are supposed to have ID on you.

 

[1shott]

If suspected of a crime and you are being investigated, then you must produce an ID or provide your information.
Any time you are in public, you are supposed to have ID on you.

Would have the statute that states one must have a ID when in public?