• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Identification Please

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
Does North Carolina have any laws requiring one to produce identification if demanded by a cop? (I'm not referring to a traffic stop) I'm thinking not, but thinking ain't knowing.

I would assume that if one is detained or arrested they would produce ID, but again, I don't know...

Thanks
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
North Carolina is not regarded as a "Stop and Identify" state.
You're only required to carry a license...and that's only when performing a licensed activity.

Thanks. Anyone else want to chime in? Specifically regarding IDing if arrested? Would one be required to give their name and address and other info like that? Or can one stay completely silent for ALL questions?
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
(Not a legal opinion and I'm not in law enforcement, but .....)
If arrested, then the individual can remain silent all he wants, they'll just run his fingerprints or he'll be held as a "John Doe" until the situation is resolved. Not like they're going to release him on his own recognizance if they can't recognize him, right?
As for staying silent, consider what charges could/would be brought if he was born mute, and the only sign language he knew was Ter Sami?

Hmmm... that reminds me; I need to brush up on my conversational Espranto.
 
Last edited:

smlawrence

Regular Member
Joined
Sep 12, 2010
Messages
261
Location
Colfax, NC
I've read all sorts of opinions on the matter when googling the subject. I think if an officer stopped me while walking and asked my name I would say "Scott and your name is?". After that I'm going to want a good reason for any further questions pertaining to identification. He might be someone that I used to know and didn't recognize from the past or something. Unless their being a ***** about it, then its the "Am I being detained, am I free to go". Here is a thread I found when searching the forum... http://forum.opencarry.org/forums/showthread.php?71287-Stop-amp-identify

Honestly, I don't see the need to be offensive unless its the way your being treated.
 

ImJustMylan

Regular Member
Joined
Sep 19, 2011
Messages
110
Location
York, PA
My whole thing is that, I really am not agaist LEO's stopping me. I just have a thing against.... stopping me because you got a call about me OC'ing VS. Stopping me because u have a HUNCH that im up to something. Some people on OC.org dont understand that :exclaim: YOU HAVE RIGHTS :exclaim: too... even murderers have rights.
 

brutus1776

Regular Member
Joined
Mar 29, 2010
Messages
71
Location
, ,
sadly, many are just cop fetishists and think anything they do is 'right.'

that being said... the HIIBEL case has ruled that one must now speak in order to express to the cops that they want to remain silent and have ruled that stating your name is not 'self incriminating' and therefore not a violation of the 5th amendment during a detainment. if it is a mere police contact, you can legally tell them to F off. make sure to understand whether you are being detained or if you are free to go repeatedly before answering or refusing to answer any questions.
and please note: stating your name and showing an ID are to totally different things.
 

Smith45acp

Regular Member
Joined
Oct 16, 2009
Messages
434
Location
NC
This has been pretty much covered above, but I like this opinion too and it's a quick read:

From this site: http://policehelp.net/rollcall.html

Read this: http://policehelp.net/pubs/2004/rollcallv3n7.pdf


I
t's important to consider the source of the above advice to officers. It's not an ACLU type of organization - it's a firm that represents police departments across NC.

So after reading that (especially the WARNING not to use failure to ID as cause to arrest) you would think it's a cut and dry issue.

But I was arrested last year for this very thing. OC'ing, approached by officers, politely refused to show them my ID but volunteered to leave the business if that is what the owners wished. They didn't like that so they slapped cuffs on me and hauled my ass away. The DA dismissed the charge, but that was 3 appearances and 5 months later while the police held my favorite pistol for the duration. Also spent most of a night in jail, had $1,500 tied up in a cash bond, and paid my attorney another $1,500. Uncomfortable experience? Yes. Would I make the same decision tomorrow? Yes.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
...I was arrested last year for this very thing. OC'ing, approached by officers, politely refused to show them my ID but volunteered to leave the business if that is what the owners wished. They didn't like that so they slapped cuffs on me and hauled my ass away. The DA dismissed the charge, but that was 3 appearances and 5 months later while the police held my favorite pistol for the duration. Also spent most of a night in jail, had $1,500 tied up in a cash bond, and paid my attorney another $1,500. Uncomfortable experience? Yes. Would I make the same decision tomorrow? Yes.

Wow...it took an amazing resolve to go through all you went through, and then to be willing to endure it again!

Thanks for sharing your personal story with us.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
sadly, many are just cop fetishists and think anything they do is 'right.'

that being said... the HIIBEL case has ruled that one must now speak in order to express to the cops that they want to remain silent and have ruled that stating your name is not 'self incriminating' and therefore not a violation of the 5th amendment during a detainment. if it is a mere police contact, you can legally tell them to F off. make sure to understand whether you are being detained or if you are free to go repeatedly before answering or refusing to answer any questions.
and please note: stating your name and showing an ID are to totally different things.

Hiibel did not rule that. Hiibel ruled that in states with clear "Stop & ID statutes", LE can require you to identify yourself, given RAS.

The other was a different case, Berghuis v. Thompkins
 
Last edited:
Top