Ep. #290: Can you demand ID from passenger involved in accident?

📌 If you make a consensual encounter, you can always request that the subject identify themselves. But remember, there is no requirement that he do so. Additionally, there is likely no crime if the subject lied about his identity during a consensual encounter (however, possession of a fraudulent ID may be a crime).

I know a lot of officers don’t understand how a person can lie about his identity and get away with it. But think about it, what law requires a person to identify himself during a consensual encounter? There may be a requirement the suspect identify himself during an investigative detention, but not a consensual one.

On the other hand, lying about ones’ identity may help develop reasonable suspicion that the person is engaged in criminal activity, but this can’t be the sole reason to detain or arrest the person.

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