united-states vehicle identification
Does a person sitting in the driver seat of a stopped and off car have to show driver license if the police ask?
<p>Suppose a person is walking in a park and gets stopped by park staff, who claim that the person is trespassing (or is doing something else illegal). The person then gets into the driver seat of their car to keep warm but does not drive away (for whatever reason--maybe staff refuse to open the exit gate to let the car through or maybe the person was invited onto the property and was never asked to leave). The person leaves the car off. Police arrive and ask the person for a driver license. The police are not citing or arresting the person and are not investigating a traffic infraction. Does this person have to provide driver license? Does it matter if the car is on? </p>

<p>Assume this is in the USA, and assume it is in a state without a general requirement to provide an ID. If it helps, assume it is New York.</p>

<p>Edit: the New York assumption made the question fairly uninteresting.</p>

<p>New York has a <a href="https://www.nysenate.gov/legislation/laws/CPL/140.50" rel="nofollow noreferrer">"stop and identify" law</a> which says that</p>

<blockquote>
  <p>a police officer may stop a person in a public place located within
  the geographical area of such officer's employment when he reasonably
  suspects that such person is committing, has committed or is about to
  commit either (a) a felony or (b) a misdemeanor defined in the penal
  law, and may demand of him his name, address and an explanation of his
  conduct.</p>
</blockquote>

<p>However, there is no requirement to carry an identifying document or to prove your verbal statements of identity. For that matter, there is <a href="http://nysdmv.custhelp.com/app/answers/detail/a_id/97/~/carry-my-driver-license-when-i-drive" rel="nofollow noreferrer">no requirement that you have your license in your possession</a> when driving, you simply have to be <a href="https://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-509.html" rel="nofollow noreferrer">duly licensed</a>. In this case, the officer has reasonable suspicion of a crime, so you do have to tell him your name, address, and what you were doing.</p>

<p>In Washington, there is no stop-and-identify law, so you don't even have to tell the police who you are. There does exist a <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.021" rel="nofollow noreferrer">requirement</a> to identify yourself if you are stopped for an traffic infraction:</p>

<blockquote>
  <p>(1) Any person requested or signaled to stop by a law enforcement
  officer for a traffic infraction has a duty to stop.</p>
  
  <p>(2) Whenever any person is stopped for a traffic infraction, the
  officer may detain that person for a reasonable period of time
  necessary to identify the person, check for outstanding warrants,
  check the status of the person's license, insurance identification
  card, and the vehicle's registration, and complete and issue a notice
  of traffic infraction.</p>
  
  <p>(3) Any person requested to identify himself or herself to a law
  enforcement officer pursuant to an investigation of a traffic
  infraction has a duty to identify himself or herself and give his or
  her current address.</p>
</blockquote>

<p>However, the proposed scenario does not fall under this requirement because you weren't stopped. Also note that the limited ID law of Washington does not compel you to provide a document, it compels you to provide information.</p>

<p>It is a misdemeanor to <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.20.005" rel="nofollow noreferrer">drive without a valid Washington license</a>, but it is only an infraction to drive having been issued a license but <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.20.015" rel="nofollow noreferrer">not having it in your possession</a>, as long as you provide an <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.20.035" rel="nofollow noreferrer">alternative ID document</a>. So if you drive without a license in WA and are stopped, you have to show an ID document or suffer the misdemeanor alternative. But again, in this scenario you were not driving and were not stopped, you will not be forced to provide a document. Because driving without a license is a misdemeanor and the officer did not observe you driving, under Washington's <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=10.31.100" rel="nofollow noreferrer">arrest without warrant</a> law, he cannot arrest you for suspicion of having committed the misdemeanor of driving without a license. (The arrest without warrant law is a bit more complicated, see the 11 exception subsections, none of which apply here).</p>

<p>If your goal is to try to be forced to show your driver's license, you might try <a href="https://law.justia.com/codes/indiana/2018/title-34/article-28/chapter-5/section-34-28-5-3.5/" rel="nofollow noreferrer">Indiana</a>, where the law says</p>

<blockquote>
  <p>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.</p>
</blockquote>

<p>But again, you were not stopped for an infraction or ordinance violation, so you may keep your license in your wallet.</p>

<p>Long story short, the police can ask you your name if they have a reason in any state.</p>

<p>For example if they are chasing someone matching your description, they can ask you to identify yourself, etc, etc.</p>

<p>If they just stop you for no reason you can refuse unless you are in a state that legally requires you to answer.</p>
