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

[ATM]

...you have to show your ID if asked
...They can literally walk up on you and say "let me see your ID".

Did you miss this part of the code you just quoted?

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.

That's the only time it applies.

 

[Kirk Freeman]

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".

No, incorrect. As TF just cited the statute I am profoundly concerned that this misinformation is out there even in the face of the blackletter law.

You are required to show your DL when stopped for an alleged traffic violation. If you are walking you are required to show ID OR give your name, address, and DOB if stopped for an infraction or ordinance violation (say spitting on sidewalk if your city has one).

You are not required to give ID or give your name, address or DOB if the officer thinks you are cute and stops you walking down the street.

Who is telling you this? Is this something going around the gun shop, or the range or the diner?

 

[Kirk Freeman]

Is this misunderstanding coming from some confusion with the Hiibel decision, which involved a Nevada statute?

james, please read the Starr decision and see if it clarifies things for you.

http://www.in.gov/judiciary/opinions/pdf/06221001lmb.pdf

 

[Kirk Freeman]

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.

Upon re-reading, I think I see where you heard this, a cop. Did a police officer tell you this?

 

[Kirk Freeman]

You can always show your ID when the police officer requests it even though you do not have to.

Many people do for whatever reason. In fact some INGO members, like rhino, wear their ID and CCW badge around their necks to make police interactions that much more efficient.

 

[Roadie]

Wow, the IC is quoted and people STILL dispute it? oy

This is not Nazi Germany, we do not have to "show papers" at the Officer's whim.

Oh, and if standing up for one's Rights makes one look "silly", so be it. You can aquiesce to illegal orders if you like, that is your choice, however, I see the ones who stand up to illegal searches as the ones who are trying to prevent it BECOMING legally mandatory to allow searches at whim, and checking of "papers"..

 

[Hoosierdood]

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.

 

[Titanium_Frost]

...

 

[crispy]

Wow, the IC is quoted and people STILL dispute it? oy

This is not Nazi Germany, we do not have to "show papers" at the Officer's whim.

Oh, and if standing up for one's Rights makes one look "silly", so be it. You can aquiesce to illegal orders if you like, that is your choice, however, I see the ones who stand up to illegal searches as the ones who are trying to prevent it BECOMING legally mandatory to allow searches at whim, and checking of "papers"..

Correct. But...

You can say "I am not required to provide ID unless I am suspected of committing some type of crime" and you would be correct.

To which the officer will reply "I saw you spit on the sidewalk" or some other such made up offense.

 

[Kaiser]

Regaurdsless of the law. As far as I am concerned any person will to mput their lifes on the line to protect me and my family deserve the respect to follow a simple request for id. Actually whenI have bee stoped a I am carring I make sure to remove any obstruction and allow the officer to remove my side arm. I personally have nothing to hide and it always make the officer feel safe and respected.

 

[Titanium_Frost]

Regaurdsless of the law. As far as I am concerned any person will to mput their lifes on the line to protect me and my family deserve the respect to follow a simple request for id. Actually whenI have bee stoped a I am carring I make sure to remove any obstruction and allow the officer to remove my side arm.

I don't think that I have read a more sheepish comment than that ever. Why would you even carry if you are so willing to be disarmed? What happens when the badguy is dressed up like a cop?

I personally have nothing to hide

This is the banner of those who have no respect for those who gave up their lives so that we have freedom. They thought it was so important they even made it a part of our national constitution.

 

[ATM]

Regaurdsless of the law. As far as I am concerned any person will to mput their lifes on the line to protect me and my family deserve the respect to follow a simple request for id. Actually whenI have bee stoped a I am carring I make sure to remove any obstruction and allow the officer to remove my side arm. I personally have nothing to hide and it always make the officer feel safe and respected.

There are many others who have put their lives on the line to protect these freedoms and rights that you choose to waive.

If you believe that exercising these rights that were secured for us is somehow unsafe or disrespectful, I'd love to hear why.

 

[ralphb72]

Regaurdsless of the law. As far as I am concerned any person will to mput their lifes on the line to protect me and my family deserve the respect to follow a simple request for id. Actually whenI have bee stoped a I am carring I make sure to remove any obstruction and allow the officer to remove my side arm. I personally have nothing to hide and it always make the officer feel safe and respected.

There you go, is that better?.

I respect everyone I meet until them give me a reason not to. So far, only one police officer fits that description. The sad part is, he doesn't even realize he is doing anything wrong.

 

[Kaiser]

I have no intention of waiving my right to carry. However I do not consideran officer anyone to fear. My family has been in this country since 1760 andfought in the Revolutionary war. My grandfather went ashore in Normady andfought his way to the German capital. I have nothing but respect for ourmilitary and public service officer. I do understand the "Bad guys"dress up as cops however, what are the real odds that the officer thatapproached you is "dressed up". I do not feel carrying is unsafe ordisrespectful I just feel that a militant attitude does nothing for anyone andmakes the officer uncomfortable. My father was an officer and this is somethinghe preached on. If an officer asks you to comply comply. Regardless what theconspiracy theorist think most officers really are trying their best to protectand serve.

all I was simply trying to say was treat the officer with the same respect ypou want from him

 

[ATM]

Wait... the right to carry a gun seems to be OK with you...
but for some reason, you are trying to equate exercising your right to remain silent, your right to be free from unreasonable search or seizure, etc. with having a militant attitude?

...all I was simply trying to say was treat the officer with the same respect ypou want from him

I'll be polite, but I'd rather maintain all of my rights please and thank you.

I'll give and expect the same in return.

 

[ralphb72]

When I get pulled over, I just jump right out of the car, pull my pants and underwear down, and bend over against the car. That way it removes any obstructions for the officer.

 

[Rookie]

I have no intention of waiving my right to carry. However I do not consideran officer anyone to fear. My family has been in this country since 1760 andfought in the Revolutionary war. My grandfather went ashore in Normady andfought his way to the German capital. I have nothing but respect for ourmilitary and public service officer. I do understand the "Bad guys"dress up as cops however, what are the real odds that the officer thatapproached you is "dressed up". I do not feel carrying is unsafe ordisrespectful I just feel that a militant attitude does nothing for anyone andmakes the officer uncomfortable. My father was an officer and this is somethinghe preached on. If an officer asks you to comply comply. Regardless what theconspiracy theorist think most officers really are trying their best to protectand serve.

all I was simply trying to say was treat the officer with the same respect ypou want from him

Just out of curiosity, where would you draw the line and decide that now would be a good time to exercise the rights that your forefathers died for?

 

[jamesg]

No, incorrect. As TF just cited the statute I am profoundly concerned that this misinformation is out there even in the face of the blackletter law.

You are required to show your DL when stopped for an alleged traffic violation. If you are walking you are required to show ID OR give your name, address, and DOB if stopped for an infraction or ordinance violation (say spitting on sidewalk if your city has one).

You are not required to give ID or give your name, address or DOB if the officer thinks you are cute and stops you walking down the street.

Who is telling you this? Is this something going around the gun shop, or the range or the diner?

i think some of you guys are being argumentative for the sake of being argumentative

If you are required to give him your name, address and DOB, why not show him your ID? That's really all there is to your ID anyways and even then with many people it is not up to date. Lots of people walk around with the wrong info on there other than Name and DoB.

So I said something that didn't follow the letter of the law. In this case it's really not an issue. If you stand there and state your name, address and dob or whatever and he still asks for your license and you refuse I feel like you are being difficult.

I also realize that answer is not going to be popular with a bunch of people here who like to post funny pictures instead of speaking reasonably. There are a lot of people who want to press every letter of the law as far as they possibly can go. I get it. I believe there are times when you have to remind yourself that "just because you can, doesn't mean you should".

What I stated was my interpretation of the law which is all that matters to me in the end. If it means I showed my ID to a LEO when I didn't have to, so be it. I have no reason not to. For someone with a reason not to, they have to make that decision for themselves. While they may not be able to convict you of anything they CAN and WILL make your life a real PITA for a short while. Sometimes you have to pick your battles.

 

[ralphb72]

I don't really care one way or the other about his ID comments. The part that hit me the wrong way was removing the obstacles so the officer could take his gun.

You want my gun, you best put cuffs on me first.

Perhaps it would be better if I just whip it out as he is coming to the car and hold it out the window shouting, "LOOK Pa, I have a gun!"

 

[iChokePeople]

i think you guys are being argumentative for the sake of being argumentative

If you are required to give him your name, address and DOB, why not show him your ID? That's really all there is to your ID anyways and even then with many people it is not up to date. Lots of people walk around with the wrong info on there other than Name and DoB.

So I said something that didn't follow the letter of the law. In this case it's really not an issue. If you stand there and state your name, address and dob or whatever and he still asks for your license and you refuse I feel like you are being difficult.

I also realize that answer is not going to be popular with a bunch of people here who like to post funny pictures instead of speaking reasonably. There are a lot of people who want to press every letter of the law as far as they possibly can go. I get it. I believe there are times when you have to remind yourself that "just because you can, doesn't mean you should".

What I stated was my interpretation of the law which is all that matters to me in the end. If it means I showed my ID to a LEO when I didn't have to, so be it. I have no reason not to. For someone with a reason not to, they have to make that decision for themselves. While they may not be able to convict you of anything they CAN and WILL make your life a real PITA for a short while. Sometimes you have to pick your battles.

No, no, no. Kirk is only being argumentative because you're still not getting it. Well... And because he's an attorney. Or is he an attorney because he likes to argue? Hmm. Interesting.