Do I have to show a cop my I.D./LTCH?

[ryang]

I'm sorry, I know this has been posted before but even using the search have been trying to find it for the past 25 minutes and can not find the answer.

At what point am I legally bound to show a cop my I.D. and/or my LTCH if I am asked? Does he have to have a reasonable suspicion that I am committing a crime to legally ask for my I.D.? (if yes, does unlawful posession of a handgun count as a crime for this?) Or can he just ask for it because someone complained to him about my OCing?

 

[MeechisGotAGun]

It will save you alot of hassle if they just ask to see it...some people will tell you "they don't have a right to ask you without committing a crime", but just show them and if it is a bad encounter report it to the proper chain of command.

 

[BumpShadow]

 

[ryang]

It will save you alot of hassle if they just ask to see it...some people will tell you "they don't have a right to ask you without committing a crime", but just show them and if it is a bad encounter report it to the proper chain of command.

Honestly, I probably always will, unless of for some reason I am in a very argumentative mood (like now). Really asking to know for sure the law and to settle a debate I am having with a friend

 

[Indy317]

In Indiana, there is a law that makes it illegal for a person to carry a handgun upon their person, either open or concealed. However, there are a slew of exemptions, one of which is a person who possesses a LTCH. As it stands now, if an officer sees a person with a handgun, that is definitely reasonable suspicion to detain the person for a reasonable amount of time to investigate a possible violation of state law. If a person doesn't show their LTCH, or even ID so the officer could run a computer check of the database, the person could be arrested for carrying w/o a license (or not being a member of one of the exempted groups). Of course the charges would eventually be dropped, but I can't see a person winning any sort of civil lawsuit because had they just provided info, the officer wouldn't have arrested them.

A more questionable debate is: Do I have to also show my ID, or is the LTCH enough? To me, the LTCH is enough. If an officer thinks the person they have stopped isn't the person who's name is printed on the pink paper, they can always take down the information and start an investigation. The first thing to do would be to have dispatch run a license check on the info printed on the license. Dispatch centers can get your license/ID card photo. Obviously if the photo is of someone else, the officer could investigate further and see what is going on.

 

[Bapak2ja]

Just show the ID and LTCH. Not worth the hassle. LEOs have a tough job. I do not like what many of them do, but we really do need them. Nothing is gained by just ticking off the local barney. Show the officer your stuff, tell him/her thanks for trying to do a good job — and if you must, flip 'em a bird as they drive away.

Seriously, just cooperate on this point.

 

[SSGSAD]

I'm sorry, I know this has been posted before but even using the search have been trying to find it for the past 25 minutes and can not find the answer.

At what point am I legally bound to show a cop my I.D. and/or my LTCH if I am asked? Does he have to have a reasonable suspicion that I am committing a crime to legally ask for my I.D.? (if yes, does unlawful posession of a handgun count as a crime for this?) Or can he just ask for it because someone complained to him about my OCing?

I got stopprd by a Deputy Sherriff, and showed him my Ret. Mil. ID, and he wanted to see my state ID, so I gave him my DL., I believe there is some kind of Ord., in In., that you must show ID., or they can hold YOU...
someone smarter than me, can probably link to the law...

 

[Titanium_Frost]

Search "St. Mary's" for a very in depth look at this issue.

https://www.indianagunowners.com/fo...ense/149710-st_marys_is_not_gun_friendly.html

For the purpose of this thread Indy317 is mostly correct. A cop in Indiana DOES have the authority to see your LTCH is you are legally carrying. A cop can only see your drivers license if you are in a car. You only have to ID yourself if a cop suspects you of an infraction or ordinance violation. Not having a license to carry is a misdemeanor and therefore does not count.

The point is, you ARE identifying yourself when you hand a cop your LTCH and your drivers license is not required by law. Even if you are suspected of an infraction (not while in a vehicle though) you only have to give them your name and address verbally instead of handing them a license or state picture ID.

 

[Titanium_Frost]

I got stopprd by a Deputy Sherriff, and showed him my Ret. Mil. ID, and he wanted to see my state ID, so I gave him my DL., I believe there is some kind of Ord., in In., that you must show ID., or they can hold YOU...
someone smarter than me, can probably link to the law...

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

 

[JoshuaRWhite]

In IN you do not have to make it known unless asked. So if I get pulled over, which has never happened so far, I'm not gonna bring it up unless he asks me. Now in MI you have to by law inform the officer immediately. Just learn the laws of the state your going to be in.

 

[IndianaBuckeye]

Just show the ID and LTCH. Not worth the hassle. LEOs have a tough job. I do not like what many of them do, but we really do need them. Nothing is gained by just ticking off the local barney. Show the officer your stuff, tell him/her thanks for trying to do a good job — and if you must, flip 'em a bird as they drive away.

Seriously, just cooperate on this point.

+1 on this. Not all LEOs are the easiest to work with, but they have to deal with the scum of the earth on a daily basis. After a while of that, and I would probably lose my hope in humanity.
I have had a couple of very bad experiences with LEOs, (BTW, I was never at fault or charged with anything), but I think that most of them are just tired of dealing with douche bags. When I'm done talking with a LEO, I want them to think "I wish more people like that would carry".

 

[Titanium_Frost]

The question is do you HAVE TO.

Some of us do not give up our rights at the whim of an officer. Note that I do not advocate being rude at any point! There just isn't a need for it when exercising your rights correctly.

Some people prefer to cooperate with any and all request "just to get it over with" or in the hopes of getting out of a ticket. For God's sake if you really did speed or roll through a stop you deserve a ticket! If you didn't do it, fight it in court or pay anyway and consider it your bad luck quota for the week but DO NOT give up your rights so easily!

 

[cak387]

In IN you do not have to make it known unless asked. So if I get pulled over, which has never happened so far, I'm not gonna bring it up unless he asks me. Now in MI you have to by law inform the officer immediately. Just learn the laws of the state your going to be in.

You're on the wrong topic here. We are not discussing duty to inform, however, whether or not you need to show ID to LEO's when stopped.

 

[LFD102]

 

[modelflyer2003]

I have watched more than enough Youtube videos to know how these situations can go several directions. Often times the open carrier will immediately state that they don't consent to search, continually ask if he is being detained, and plead the 5th. They look silly and confrontational. Regardless whether HAVE TO or not a little cooperation and understanding can go a long way to there being a handshake at the end. When I take my wife out for dinner, I don't HAVE TO tip the waitress. I choose to tip her and we always tip well. She's not there getting rich. That's the way I see it, and I am sure most that read this thread will agree. As a nurse I have learned the art of "be kind to people even if they aren't kind to you, because you never know what they're dealing with."

 

[ryang]

thank you everyone, between the different responces I do have all of the info I was asking for. go ingo

 

[JoshuaRWhite]

You're on the wrong topic here. We are not discussing duty to inform, however, whether or not you need to show ID to LEO's when stopped.

State ID or LTCH? State ID is a definite, showing him your LTCH is the same as informing. And until he or she asks it's none of their business.

 

[ATM]

In IN you do not have to make it known unless asked. So if I get pulled over, which has never happened so far, I'm not gonna bring it up unless he asks me...

Well, since you brought it up...

No, you do not have to make it known even if you are asked.

...showing him your LTCH is the same as informing. And until he or she asks it's none of their business.

There are many who possess a LTCH but do not carry.

And it's still none of their business.

 

[jamesg]

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

This. In Indiana (I believe one of only four states) you have to show your ID if asked and unlike the rest of the states the LEO does not need probable cause. They can literally walk up on you and say "let me see your ID". If you are carrying open, they will obviously ask to see a LTCH as well which is a reasonable request and choosing to carry open means they have probable cause. Carrying concealed, with LTCH, if all they do is walk up and ask for ID, means you have to show them your ID, not your LTCH.

The problem with the question is it asks if you have to show ID/LTCH. They are not the same. It's two separate questions. The answer for showing ID does not apply to showing LTCH and vice versa.

 

[Schwartzki]

Only time I have been stopped I did give the officer my ID and LTCH because he wanted my licence and registration which was in the glove box under my weapon. He did thank me for letting him know.