Actress’s refusal to provide ID results in teachable moment for the public.
Recently, actress Daniel Watts made headlines after she was detained by police in an incident many felt had racist overtones. In reality, the detainment itself was not racially motivated but instead a normal consequence of the actress’s reluctance to provide ID or cooperate with police questioning.
The incident began with a 911 call from a member of the public reporting “indecent exposure” by a couple in a car with the door open. When officers arrived to investigate, they came upon Watts and her boyfriend, chef Brian James Lucas, who seemed to match the description of the suspects. According to Lucas, the officers were asking questions that seemed to indicate a suspicion Watts might be involved in prostitution. To him, this suspicion was related to the fact that he is white and Watts is black.
Police asked for Watts’ ID; she refused. The officers then cuffed and detained her. Ultimately Lucas gave police Watts’ ID enabling police to run a background check. When this investigation was complete, Watts was released with no charges.
This incident has spurred many to wonder, am I required to provide police with an ID or answer police questions when stopped on the street? Here are the key points you need to know.
You cannot be arrested just for failing to show ID. While some states have “stop and identify” statutes that make it an arrestable offense for anyone under suspicion of a crime to refuse to provide ID, this is not the case in California. You do not have to provide ID just because a police officer asks you to. The only exception is if you are driving in this case you must provide a drivers license or else be charged with driving without a license. Remember that if police already suspect you of a crime, failure to provide ID may spur them to arrest you for that crime, rather than for failure to show ID in and of itself.
Not showing ID following a misdemeanor can get you arrested. Ordinarily if police suspect you of a misdemeanor they will issue a citation rather than arrest you. However, if you refuse to provide ID they will arrest you.
You have the right to remain silent. Any time police ask to speak with you, you have the right to politely refuse.
You do not have to consent to a search. If police ask permission to search your person or your vehicle, you do not have to give it. Instead, make them get a warrant. However, do not physically resist or become aggressive if they proceed with a search without your permission.
In some cases, it is in your interests to cooperate. Often, cooperating with police by providing your ID and answering any non-incriminating questions they may ask you is the simplest way to remove their suspicion from you.
Call an attorney if arrested. If you are arrested, you should be read your Miranda Rights before police attempt to question you. At this point you should avail yourself of your right to contact a skilled criminal defense attorney to help protect your rights.
