Show ID?

[Beau]

I am confused on IN law on if a person must present ID to LE if approached and asked.

Scenario:
Police respond to MWG call. Find person walking through store carrying. (OC of course). Does person have to show ID and LTCH?

If someone could point me in the right direction to find this info I would appreciate it.

 

[jmiller676]

I believe it is written law to present an LEO ID if asked, if not its at least common law.

 

[Bubbajms]

My guess (IMNAL) is that if you fail to comply with the officer's direction, you're walking the line of "Resisting Law Enforcement"..

 

[fpdshooter]

It's not resisting, but rather failure to ID when required. I'd have to go look it up to see what the penalities are, but usually there is more or bigger things going on if this is the case.

 

[Sureshot129]

IMO It's reasonable for a officer to ask for ID B/C how many people lie to police it's a way to varify who you are, and correct me if I'm wrong but regardless of method of carry you must produce your LTCH at the request of LEO.

 

[Frank_N_Stein]

The refusal to identify statute only applies to situations where an officer is enforcing an ordinance or violation of the traffic code that a UTT (uniform traffic ticket) can be issued for or for which an arrest could be made. You could commit murder and not be penalized for refusing to identify yourself.

As far as providing a LTCH when asked, you have to have it in your possession to be able to carry a handgun (either OC or CC) but it doesn't specifically say that you have to provide it when asked. To keep from being arrested you have to be able to prove you have it on your person, so logically that would mean presenting it to the LEO.

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.

 

[fpdshooter]

Thanks for clarifying Fritz, that's what I get for trying to type and drive at the same time.

 

[Fenway]

Thanks for clarifying Fritz, that's what I get for trying to type and drive at the same time.

 

[Beau]

I believe it is written law to present an LEO ID if asked, if not its at least common law.

I'm really going to try and find more info on this. I'm from CO originally and there you do not have to provide ID. If you are not commiting a crime you can simply walk away from LE. This is the way it should be.

Having to present ID when doing nothing wrong is the same as KGB=Papers Please.

 

[Beau]

As far as providing a LTCH when asked, you have to have it in your possession to be able to carry a handgun (either OC or CC) but it doesn't specifically say that you have to provide it when asked.

Your right. The law just says you have to have it on you. Not present it when asked.

If you were getting out of a car and walking into a store would LE be justified in asking for your DL just be sure you were licensed to drive?

Doesn't sound right, does it?

 

[1032JBT]

I'm really going to try and find more info on this. I'm from CO originally and there you do not have to provide ID. If you are not commiting a crime you can simply walk away from LE. This is the way it should be.

Having to present ID when doing nothing wrong is the same as KGB=Papers Please.

Research away but I only have one question.........Who decides if you are breaking any laws? You or the person employed to enforce them? I arrested a guy back in December that said he didn't do anything wrong... after he tried to rob someone at gunpoint, fired a shot, led me on a 16 minute pursuit at 100+MPH, hit a squad car head on, fled on foot, broke into an apartment that was not his, and physically resisted once we got hands on him. The entire time he was saying he was the victim and he didn't do anything wrong. Not trying to be the "KGB" type, but it's best if they ask to give it to them.

 

[joker7037]

In my opinion there should be some common sense involved. Why be a dick to the cop if you have nothing to hide. The officer doesn't know you from any other BG until you prove him wrong. He sees a man with a gun and doing his job to make sure you are legally carrying and not some "thug". Just my 2 cents.

 

[Beau]

Research away but I only have one question.........Who decides if you are breaking any laws? You or the person employed to enforce them? I arrested a guy back in December that said he didn't do anything wrong... after he tried to rob someone at gunpoint, fired a shot, led me on a 16 minute pursuit at 100+MPH, hit a squad car head on, fled on foot, broke into an apartment that was not his, and physically resisted once we got hands on him. The entire time he was saying he was the victim and he didn't do anything wrong. Not trying to be the "KGB" type, but it's best if they ask to give it to them.

That is the KGB mentality. The story you just told is nothing like what I am portraying.

We should not have to provide papers while in the process of carrying out our daily lives.

What your saying is that if I'm out mowing the yard and LE pulls up and asks to see my ID just to prove I live there I should comply. That is what it sounds like.

If I'm out OC'ing and LE observes me doing so, all they should be able to do is observe. LE should not be able to stop me unless they have RAS that I am or about to commit a crime.

Now back to my original question. Could you point me to the appropriate place to find the information I'm looking for? While I do not agree with having to present ID when asked. I will do so if it is law.

 

[Beau]

Why be a dick to the cop if you have nothing to hide.

Are you serious? Why? How about because I'm an American citizen and have rights. That mentality is what costs us our rights.

Why own a gun if your not a criminal?

Why can't I search your car if you have nothing to hide?

Why should you be able to say that out loud in public? It makes me uncomfortable.

If you want to pass on your rights in the name of good will and cooperativeness then go on ahead.

Me I will be dick in the name of asserting and keeping the rights I have.

 

[Paul]

In my opinion there should be some common sense involved. Why be a dick to the cop if you have nothing to hide. The officer doesn't know you from any other BG until you prove him wrong. He sees a man with a gun and doing his job to make sure you are legally carrying and not some "thug". Just my 2 cents.

I have absolutely nothing to hide. Doesn't mean I am going to give into a cop's request. I have had cops ask to search my car 3 times (I'm young. The cops do this all the time because most younger people don't know their rights and the cops know it. They are trying to find drugs and stuff I guess) and I refused all 3 times. I have nothing to hide, but that doesn't mean they can look through my stuff.

If I was asked for ID, I would ask if I had done anything wrong and if he is detaining me. If not, I would walk away.

It is nice having a lawyer as a father who makes sure to tell you what they can and can't do.

 

[Lucas156]

I don't have a problem with them asking for my ID. I have had them ask before. The problem I have is when they talk down to you or talk at you with an attitude or like they are interrogating you. I know that not all cops do it probably just a small portion of them do it so no offense to you fpd. My concern is our government making criminals out of good citizens. I know its tough because you are always right on the line of violating peoples rights and doing what is right just to catch the criminal. I think you know what I mean there even though it is worded strange. But thanks to our law enforcement and other emergency personnel for risking their lives to keep our country safe. God Bless you guys

 

[Paul]

Research away but I only have one question.........Who decides if you are breaking any laws? You or the person employed to enforce them? I arrested a guy back in December that said he didn't do anything wrong... after he tried to rob someone at gunpoint, fired a shot, led me on a 16 minute pursuit at 100+MPH, hit a squad car head on, fled on foot, broke into an apartment that was not his, and physically resisted once we got hands on him. The entire time he was saying he was the victim and he didn't do anything wrong. Not trying to be the "KGB" type, but it's best if they ask to give it to them.

That is a horrible attitude. It is no wonder many do not like police. Most police I have met do not know the law very well. The situation you are describing is much different than the situation that the original poster asked about

 

[Lawguns]

I think you guys are missing the point. If you are carrying a gun especially if you don't conceal it you must expect that someone will call the police. During the encounter with the police they have the right to detain you while they determine if a crime has been committed. During that time they DO have the right to ask you for your ID and Carry License. If you refuse or fail to provide a carry license and your ID card or Drivers license. You will go to Jail.
Easy solution, Conceal your weapon.
Now if you take the gun out of the equation that is another story. Then we are talking about a consensual encounter. If the police stop to talk to you and ask you your name and DOB there is nothing making you tell them if they have no reason to stop you. But before you say FU and walk away you better know you did not break even the most minor of city ordinances like J-walking or failing to carry proper hack license, or failing to have the proper bleach water solution to poor on the ground when your working horse in the mile square downtown goes pee. If you have even appeared to violate one of those inane laws that you have no clue about and cops relish, then guess what? You or your friend with that bad attitude thinking I don’t have to talk to the police is going to jail for resist on a good day and the Wishard emergency room on the bad day.
I will finish by saying, you should be happy that the police stopped you and checked your ID. You were doing nothing wrong and went on your way. I would rather the police stopped me 10 times a day to make sure I was a law abiding citizen then they did not stop the person that was breaking into my house or robbing a bank or raping my wife because they did not want to offend your EGO.

 

[joker7037]

The situation you are describing is much different than the situation that the original poster asked about

As was the situation you described earlier. If an officer sees a man with a gun and asks to see ID and LTCH I believe that is a reasonable request. He has no reason to believe you are legally carrying unless you provide proof.

 

[Lucas156]

I agree it is ok for a police officer to ask for id if you are carrying a gun. On the same note though when they get an attitude for no reason might it be something with their ego? Dont tell me you have never had a police officer be rude with you. Maybe he did have a bad day and we are all human and all have egos. What I am trying to get at is the government has become more a controlling force than a protecting force. They don't serve the people or protect their rights like they used to in the old days but like I said its a fine line.