NYPD says the young man selling candy on the subway was arrested because he refused to "provide identification."
Nowhere in the US are you required to carry ID. In some states, including NY, in certain circumstances, police can ask you your name & other identifying information.
Nowhere in the US are you required to carry ID. In some states, including NY, in certain circumstances, police can ask you your name & other identifying information.
In New York, the police always have the right to ask for your name and identifying information if they are placing you under arrest.
A cop has discretion to issue a ticket or place you under arrest when they intend to charge you with a misdemeanor or an infraction/violation.
A cop has discretion to issue a ticket or place you under arrest when they intend to charge you with a misdemeanor or an infraction/violation.
How do you know if you are under arrest? Contrary to what you see on TV, it has nothing to do with being "read your rights" or Miranda warnings.
It's a bit more complicated than this, but essentially it comes down to when the police take "custody" of you.
It's a bit more complicated than this, but essentially it comes down to when the police take "custody" of you.
The other circumstance in which police have the right to ask you your name and identifying information is if they have reasonable suspicion that criminal activity is afoot.
But that's it.
But that's it.
And in both these circumstances they DO NOT have the right to ask you any more questions, and you SHOULD NOT answer any more questions or volunteer any more information.
You should say, "I will not speak to you without a lawyer."
You should say, "I will not speak to you without a lawyer."
And having just explained what your rights are, in real life it makes sense to have ID. When you get arrested, as opposed to being issued a ticket, the police put your information in a national system, you spend time in jail. It can save you being brutally beaten.
I HATE saying this. It's just feels necessary because, seriously, in real world interactions with police, especially if you are a Black or Brown person, exercising your rights might get you killed.
PS. Here is a very useful guide to the laws in every state across the US as to when the police can ask you for your name and identifying information. ilrc.org/sites/default/…
PPS. I said the police do not have the right to ask you any more questions. In fact they can.
What I should have said is (1) they cannot demand you answer them and (2) before any custodial interrogation they should read you your Miranda warnings.
What I should have said is (1) they cannot demand you answer them and (2) before any custodial interrogation they should read you your Miranda warnings.
PPPS. Yes there are exceptions for specific circumstances: If you drive, you are required to carry your driver's license. If you are flying a commercial airline, you are required to carry ID. If you are flying internationally, you are required to carry your passport.
I'm talking about walking down the street.
