Unlike some other states, California does not have a “stop and identify” statute that makes it a crime to refuse to identify yourself. This means that you do not have to show police your identification unless you are being lawfully detained or arrested.
That said, you do have to show police your driver’s license if asked during a traffic stop.
In this article I answer frequently-asked-questions about stop and ID laws in California. Also listen to our informative podcast:
What should I do when police ask me for my ID?
California is not a stop and ID state. Therefore, if the police ask you for your ID while you are out in public or in a private location, be polite and ask if you are free to leave.
If the officer answers yes, you may go without showing your ID. If the officer answers no, then politely ask why you were stopped – but do not volunteer any other information since it can be used against you.
Hopefully, the police will realize they have no probable cause for arrest and will let you go. Though if they do go ahead and arrest you, exercise your right to remain silent and to have your attorney present. Anything you say can be used against you.
What about if I am driving?
That California is not a stop and ID state is irrelevant if you are driving and pulled over. At traffic stops, you are legally required to provide your driver’s license and proof of insurance if a police officer asks for it.
Refusing to provide your driver’s license, or failing to carry it while driving, is a violation of California Vehicle Code 12500. You break this traffic law if you drive in the state and:
- have not renewed an expired driver’s license,
- never had a driver’s license, or
- became a California resident, but did not get a California license within 10 days.1
Penalties
Driving without a license is a wobblette in California. At the prosecutor’s discretion, these types of crimes can be charged as either
- a misdemeanor, or as
- a non-criminal infraction.2
Generally, first offenses are charged as an infraction carrying up to $250.3 If it is a subsequent offense, or if the prosecutor decides to pursue misdemeanor charges, driving without a license carries up to:
- 6 months in county jail, and/or
- $1,000 in fines.4
What if I am a passenger in the car, but not driving?
Since California is not a stop and ID state, you do not have to provide your identification to police if you are a passenger in a vehicle that has been pulled over. Only the driver is required to.
Without probable cause to suspect you of an infraction, police do not have a valid reason to see your ID.
Can I be arrested for refusing to provide my identification?
Since California is not a stop and ID state, non-drivers cannot be lawfully arrested solely for refusing to provide identification to a police officer. However, police officers in the state have been known to make the arrest, anyway.
While a criminal defense attorney can help you get your case dismissed quickly, the arrest alone can have repercussions. This can make it wise to provide police with identification.
For instance, if you are on probation when the police arrest you for failing to show your ID, it can trigger a probation violation hearing. If the probation violation hearing does not go well, probation may be revoked and you can be sent to jail – all over an unlawful arrest.
Also, non-citizens can suffer from arrests, even unlawful ones. Depending on your status, any arrest can trigger the immigration or deportation process.5
What if I provide a false name to police?
In California, it is a crime to either:
- show a false identification card to a police officer (Penal Code 148.9 PC), or
- provide false information to a police officer (Vehicle Code 31 VC), such as date of birth, address, or name.
Both of these offenses are misdemeanors, carrying up to:
- $1,000 in fines, and/or
- 6 months in county jail.6
Providing a false name to police is unlawful even though California is not a stop and ID state.
Which states have “stop and identify” statutes?
Some of the states that have “stop and identify” laws (also called “papers please” laws) are:
- Colorado,
- Nevada,
- Ohio, and
- Utah.
Other states, like Arizona and New York, let officers who reasonably suspect criminal activity demand your name, address, and an explanation of your conduct. These laws do not necessarily require you to provide your ID card to the law enforcement officer, though.7
Drivers during traffic stops must show police their ID if asked.
Additional Reading
For more information, refer to these scholarly articles:
- Stop-and-Identify Statutes after Kolender v. Lawson: Exploring the Fourth And Fifth Amendment Issues – Iowa Law Review.
- Stop and Identify Statues: A New Form of an Inadequate Solution to an Old Problem – Rutgers Law Journal.
- Stop…in the Name of Identification: The Supreme Court Approves Stop and ID – Missouri Law Review.
Legal References:
- California Vehicle Code 12500 VC.
- California Vehicle Code 40000.11 VC.
- California Penal Code section 19.8 PC.
- California Penal Code 19 PC. These penalties are lower than for the similar offense of driving on a suspended license. Licenses are only suspended if you committed a serious traffic violation, like driving under the influence (DUI). Driving a motor vehicle on a suspended license is always a misdemeanor offense. Convictions always carry up to 6 months in jail and $1,000 in fines.
- LAPPL Board of Directors, “Providing ID to Police Officers – A Public Service Announcement.” (Sept. 16, 2014). Hiibel v. Sixth Judicial District of Humboldt County, 542 U.S. 177 (2004).In 2014, the Los Angeles Police Protective League (LAPPL) – the police union for the LAPD – claimed that refusing to provide ID to police amounted to the crime of resisting arrest. The claim rested on a 2004 decision by the U.S. Supreme Court. In that case, a defendant in Nevada refused to identify himself to law enforcement. The Supreme Court upheld the conviction because Nevada does have a “stop and identify” law, and the law did not violate the Fourth Amendment. California, however, does not have a “stop and identify” law. This makes it different from Nevada. Without a similar law, refusing to identify yourself is not, alone, justification for an arrest. Martinelli v. City of Beaumont, 820 F.2d 1491, 1494 (9th Cir. 1987) (“the use of Section 148 to arrest a person for refusing to identify herself during a lawful [pat down] violates the Fourth Amendment’s proscription against unreasonable searches and seizures.”)
- California Penal Code 19 PC.
- Colorado Revised Statute 16-3-103. Nevada Revised Statute 171.123. Ohio Revised Code 2921.29(A). Utah Code Annotated 77-7-15. Arizona Code 13-2412. New York Criminal Procedure Law 140.50.
