There’s often a great deal of confusion regarding when a police officer can ask for identification. In the State of Michigan, there is no Stop and ID law. That means a police officer can’t demand to see your identification unless they have reasonable suspicion that a crime has been committed.
Being forced to produce identification in situations where the police may be unable to prove reasonable cause for suspicion is more than just a procedural error. Being illegally forced to show your ID is a potentially significant legal issue, one that may be used to invalidate criminal charges or to have a legal case dismissed.
Operating a Motor Vehicle
Having a valid driver’s license is required when operating a motor vehicle. While having a proper identification beyond a driver’s license may not be strictly required in order to legally operate a vehicle, there is a legal argument for doing so that states any individual unwilling to carry the proper identification may simply choose not to drive.
Being asked to provide identification during a routine traffic stop is almost always assured, although it may be important for individuals to understand when they’re being asked to show identification and when they’re being ordered to do so.
Refusing to Cooperate
Many individuals will choose to provide identification in situations where they may not be legally required to, out of fear that to do otherwise may cause them to be seen as uncooperative. While failing to cooperate and to follow the instructions or orders of a police officer may have serious consequences, there are numerous situations where the police may be acting beyond the scope of the law.
Legal charges or a criminal case that may involve an illegal order to show identification might be easier to overturn than many individuals might imagine, provided they have access to the right lawyer.
Seeking Legal Assistance
Being arrested and charged with a crime is a serious matter, one that often requires the insight and tools that only a professional is able to provide. Determining if there was a breach of procedure by the police or other law enforcement agencies can become all but impossible for those who lack the proper training, education, and resources.
If you or someone close to you has recently been charged with a crime or had an altercation with the police that may have involved a potentially-illegal order to show ID, it’s time to call the professionals. Contact Christopher Trainor & Associates in order to arrange a free case evaluation.
Experienced Illegal Arrest Attorneys
Cases against law enforcement agencies are complex and can be difficult to prove, which is why it’s crucial to get the right lawyer. The attorneys at the Michigan Legal Center have helped residents for the last two decades present police misconduct cases. Call 1800-961-8477 for a free consultation with an experienced lawyer. Christopher Trainor & Associates are happy to answer any questions you have and advise you on the next steps you need to take to receive compensation after a bad experience with law enforcement.