Is it legal for an out of uniform police officer to ask to see your I.D. without first presenting a badge ?
365316
It's not legal. All police officers, in or out of uniform, have to show ID if asked.
791001
a few things actually... one is the fact that when you sign for your drivers license, it even states somewhere on it that you agree to abide by any and all laws. if the officer has probable cause that you have broken a law, that you have previously agreed to uphold, then they can ask you to perform some road side tests. You do have the right to refuse however... they cant ask you to do something you dont want to. There's your freedoms and rights coming into play. They can, however, suspend your license for a minimum of six months if you refuse to take a breathalizer test or a field sobriety test. So, the moral of the story is... dont drink and drive. Call a cab or catch a bus... find a friend...
464680
If you're asking if "the guy" has to say he's a law enforcement officer working undercover if your friend asks, the answer is no.\n\nIt would kind of ruin undercover operations, wouldn't it?  Not to mention it would expose the undercover officer to certain risk and potential death.
183854
Go by the police station and ask!
434354
U can , If they ask for for licence just show your Driving licence
589101
I think TV cop shows have sucked the brains out of most of the posters here. How sad that most people don't know how their rights work.\n\nIn short, the basic rule is that they need to read you your rights ONLY if you are under arrest (or the equivalent restraints are present) AND they question you. Equivalent restraints means a situation which would lead someone to believe that they are under arrest. (Sitting in the back of a patrol car with cuffs on).\n\nAs far as just not being free to go, the answer is no, they still don't have to read you your rights. You are not free to go during a basic traffic stop, nor are you free to go during a DUI investigation. In both cases, the police do not have to read you your rights. The Supreme Court has ruled time and again that any pre-arrest questioning during a DUI stop is legal and there is no need to read someone their rights at that time. \n\nThe thing most people overlook is the questioning. If you are arrested and they don't question you about anything relevant to the crime, they probably won't read you your rights. It's not needed.
110970
No. An officer has to physically see you holding it/drinking it in order to charge you.
600488
Just call up the PD and ask them, they will tell you!
1159262
It depends if they asked you questions.\n\nI believe it is illegal for the police to ask you questions about the arrest before they read you the rights. If they did ask you questions before reading your rights and you answered them .. then those statements would be thrown out in court.\n\nIt's called your Miranda Rights.
753611
i dont think u can get a cops badge
605319
I believe they can do so under color of law. \n\nWhen a "peace officer" activates that red light on their car your only lawful action is to yield to that red light. If the officer keeps that red light on and is behind your car, you are not free to go, you are under arrest, although most police will say its only a detention. The test is to ask if you are free to go, if you are not free to go you are under arrest.\n\nThe officer under California law can perform a warrantless arrest under the vehicle code. However as you pointed out the vehicle code can only be used upon commercial vehicles, this is why the DMV is so adamant in issuing Commercial Class C drivers licenses to all people so the officers can pull over just about any car as the vast majority of citizens have admitted to being Class C or other commercial class of driver. Once you show your License you establish you are a driver and subject to regulation.\n\nIf you are not driving a commercial vehicle, California law Vehicle Code Sec. 260(a),(b) can be enlightening. Section 260(a) defines the type of vehicle required to be registered (regulated) under the Vehicle Code, commercial vehicles. Section 260(b) flat out states private cars and housecars are not commercial vehicles. As a citizen you are supposed to have the logical brain power to infer if Commercial Vehicles are required to be regulated, and private cars are not commercial vehicles, then priavte cares are not required to be registered (regulated). \n\nThis is why in farming communities a truck with the NOT FOR HIRE sign can use the public roads unregistered (politicians have placed restrictions on this in recent decades, talk to some old timers they will set you straight).\n\nSo when a peace officer who has taken POST training demands a license, he is making several assumptions, one you have a Drivers License and two, you were engaged in the activity of driving, moving goods or persons for hire via the public easement. If these two presumptions can be proven unfounded then you as a citizen would have excellent grounds for filing a Title 42 Section 1983 action against the offending officer, as well as a Title 18 Section 242. Even if the officer beats the Civilr Rights case, he can't beat the ride you get to take him on through the federal court. So if you feel an offcier has violated your freedoms by giving you a ticket, sue him, at the very least you can pay him back for making you jump trough the Superior Court System, by making the officer jump through the Federal Court System.\n\nThe right to travel is a god given right, including the right to travel in the conveyance of the day unhindered by government actors.
1050603
NO! Not in the U.S.\n\nIf there is a company policy stating what forms of ID that you are supposed to check and you did not, then he can fire you!
1113615
You would have to present evidence that you were detained without probable cause in order to have a case. You don't need to prove beyond reasonable doubt, just a preponderence of the evidence as this is a civil matter. It's hard to tell precisely if you would have a case based on your details, but I would guess that you have an uphill climb if it boils down to your word versus theirs. It might be advisable to consult a lawyer about this, but only if you truly feel that this was a case of police abuse of power.
898741
They need more probable cause than a nervous look. Proving a civil rights violation can be very difficult unless you can document the cop's action.
857713
Why the hell would you pretend you didnt see him? all that is gonna do is cause further problems. The excuse never works... the officer knows you saw them, and can get you for evading arrest. Do you want to add further problems onto what was already done? They might be pulling you over for something simple like having a taillight or tag light out, and you avoiding them will add a ticket or jail time to a simple warning. You need to remember something.... we all have jobs to do, and police officers are no different. They are simply doing their job, and aren't set out to ruin your life. Yes, they do have the power to screw everything up, and there are always some crooked cops out there who will take advantage of the power, but almost all of the officers are simply following the law. They see you break the law, so they enforce it. Its really that simple. If you are speeding then they might just give you a friendly warning to slow down- remember that traveling at excessive speeds puts not only your life at risk, but the lives of those around you. The laws were created to keep us all safe and living peacefully amongst ourselves. If there were no police officers, this world would be in complete chaos. Just remember the next time that you are getting pulled over that the officer has a family, and understands where you are coming from. They deserve as much respect as the next person- more, in fact, in my opinion because they carry the weight of everyone on their shoulders. They protect and serve... thats their motto and they follow it. now i'll step off of my soap box...
780697
No. I don't like visits from the police.\n\nWhy would ask someone to do something illegal out here in a public place?\n\nhttp://en.wikipedia.org/wiki/Software_piracy\n\n///
800429
If you have a genuine reason for not filling it in then no.  Like say, if you were once involved in a hate crime or similar and you are in fear of your safety and don't want  to be found you could get away with it.