Refusal to produce ID upon request | MassCops

Refusal to produce ID upon request

Discussion in 'Law Review' started by csauce30, Jan 26, 2003.

  1. csauce30

    csauce30 New Member

    Does anyone know what, if any, MGL chapter and section refers to refusing to produce identification upon request. (Let me add that I am not refering to an operator of a motor vehicle.) Any info would be appreciated. Thanks.
     
  2. Officer Dunngeon

    Officer Dunngeon Out of the Loop

    That interesting, I was just thinking about the episode of "COPS" that aired last night where a police officer asked a woman several times to produce identification (they were called to respond to a complaint about loud music and public drinking) and she just attempted to dance around it (I think it was CA, but I may be mistaken). The officers eventually found out she had a felony warrant, but when she asked, "What am I being arrested for?" he stated along with the warrant "failure to produce identification." I think he may have just let that slip out, but are there states that actually have a law that requires a person to produce ID else resulting in arrest?
     
  3. CPD707

    CPD707 New Member

    I've seen that also. I knew a guy who worked in Florida and he had said that they have laws like that down there. They also have fleeing the police, where I guess if you ask someone to stop (no m/v on foot) and if they don't you can hook them. I'd like to see something like that here. Face it, if you see someone commiting a non-arrestable mis., they can basically tell you to screw. (ie passenger not wearing seatbelt)
     
  4. sandbagged

    sandbagged Guest

    I had that situation last week and I looked all over for it, but there is no violation for failure to give identification if the suspect is not in a motor vehicle. We got her for possesion of class D anyway so it was no big deal.
     
  5. rmauro95

    rmauro95 MassCops Member

    THERE WAS A CASE IN MASS IT IS COMM V SCHILLER, IT COMES UNDER CH.90 S25,IT IS A 1979 CASE WHERE A COP SAW SOMEONE DRIVING RECKLESSLY WHILE ON A DETAIL AND THEN ON HIS SHIFT SAW THE SAME CAR IN A DRIVEWAY AND WENT UP TO THE HOUSE AND WHEN HE ASKED FOR IDENTIFICATION THE PERSON REFUSED AND THE OFFICER ARRESTED HIM. THAT WAS RULED NO GOOD.
    YOU HAVE TO SEE THE PERSON OPERATING OR THEY HAVE TO BE IN CHARGE OF THE VEHICLE. GO TO COMMONWEALTH POLICE WEB SITE AND LOOK UP COMMONWEALTH CASES AND YOU CAN READ IT. HOPE IT HELPS YOU OUT.
     
  6. CPD707

    CPD707 New Member

    To my knowledge there is no requirement for anyone except an operator of a motor vehicle. It would be a good law to have, but I would hold my breath thinking that Mass. would adopt that anytime soon.
     
  7. dekk

    dekk New Member

    NY we arrest without ID. But you have justification for the stop; i.e. open container etc. No ID, which is the norm for Brooklyn North unless you count welfare benefit card, means 'detain' to determine true identity.
     
  8. gwitaszek

    gwitaszek New Member

    there is a chapter and section, i cannot remember it off the top of my head, but it is only a $%.00 fine. not really worth writing
     
  9. gwitaszek

    gwitaszek New Member

    $5.00 fine
     
  10. KCARPY911

    KCARPY911 New Member

    From what I recall there is a MGL for it and it is a $5.00 fine.

    I believe if an officer requests NAME and ADDRESS of passenger at night time, (I forget how night time was worded exactly and defined) there is a CMVI for it.

    HOWEVER, I was taught that it was basically a rights violation in doing so and might even be under review. However, I do feel that it's a safety issue and a nice tool.

    It may be just easier to see if the passenger(s) aren't wearing seatbelts and get the required info that way.
     
  11. csauce30

    csauce30 New Member

    I know in CA, we could arrest, or cite and release for PC 148, "Resisting, Obstructing, Delaying a Peace Officer" So long as the initial contact was based on reasonable suspicion or PC, the subject is required to produce ID. At least that was how the code was applied, not sure if there was loopholes.
     
  12. csauce30

    csauce30 New Member

    As a side note...Also in some jurisdictions in CA, officers may issue a "Notice to Appear" (arrest + release w/citation), and if the subject has no ID in hand, the officer has the option to require the subject give an ink thumbprint on the back of the citation. If the subject refuses to give the thumbprint, they are held in custody and booked, rather than being released with a promise to appear. Kinda interesting.
     
  13. capt font

    capt font MassCops Member

    Don't know the chap and section, but another route if applicable is if they are j-walking, and officer can ask for identification. Fine is a dollar I believe. but this can be a useful tool.
     
  14. capt font

    capt font MassCops Member

    To use this tool read GL 90$18A first, you'll need to meet the requirements.
     
  15. Irish Wampanoag

    Irish Wampanoag Subscribing Member

    Hi LEOs
    Csauce30, There is NO, NO, NO law in Massachusetts for failure to produce an ID (except of course operation of MV) In fact it has happen to me in the past and I hated it I had to restrain a fellow officer from making and arrest. There is also unfortunately civil case law about it. in 1999 I believe dont quote me on the year in Plymouth Mass a female police officer responded to a noise complaint and an ex state trooper who the complaint was issued against would not give the Plymouth Police Officer any ID or information about himself. The Plymouth Officer arrested him for failure to produce and ID etc.. and discovered after the fact there was no such a law. After finding out there was no law she filled a disorderly complaint against him. The Plymouth Police was sued for mega cash and the ex trooper won.

    [ 04-07-2003, 20:54: Message edited by: Hunter ]
     
  16. Joe F.

    Joe F. New Member

    Check the Vagrants Statue: $5 cash or ID.
     
  17. rhl

    rhl New Member

    Vagrants Joe? That's a good one! MGL 272 S/66 mentions 6 mos. in the house for vagrants. No mention of ID unless there's case law I haven't seen. My favorite for arresting w/no ID is MGL 270 S/14 and S/15. Check it out! rhl
     
  18. TimTripp

    TimTripp New Member

    Irish Wampanoag (great name btw) nailed it. Here is the case he was referring to...
    United States Court of Appeals,First Circuit.
    Richard N. SHEEHY, Shirley Sheehy, and Leah Sheehy, Plaintiffs, Appellants, v. TOWN OF PLYMOUTH and Rita Quinn, Defendants, Appellees.
    No. 98-2080.

    Decided: September 08, 1999
     
  19. Tango_Sierra

    Tango_Sierra MassCops Member

  20. Bloodhound

    Bloodhound MassCops Member

    HAS to be a Masscops record for thread necromancy
     
    j809 likes this.
  21. CCCSD

    CCCSD MassCops Member

    34C6CCAF-2218-4B46-BCC4-9399CF77E76B.jpeg
     
    Bloodhound likes this.
  22. AB7

    AB7 MassCops Member

    At least it was a good discussion thread that got revived.
     
  23. mpd61

    mpd61 Retired Fed, Active Special

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