FlyerTalk Forums - View Single Post - Arizona Board of Tourism re: identity documentation requirements for visitors
Old May 21, 2010 | 8:46 am
  #77  
ehasbrouck
 
Join Date: Sep 2006
Location: San Francisco, USA
Posts: 79
Originally Posted by SWCPHX
You'll find that several states, counties, and cities have laws on the books requiring citizens to present ID to LEOs when asked during the course of an investigation, stop, etc.
Yes, there are some such laws on the books, but they are of dubious Constitutional validity. Keep in mind that in its decision in Hiibel the Supreme Court didn't reach the issue of a requirement to carry, produce, or display tangible evidence of identity, but considered only the issue of a law requiring verbal self-identification:

[T]he Nevada Supreme Court has interpreted the instant statute to require only that a suspect disclose his name. It apparently does not require him to produce a driver's license or any other document. If he chooses either to state his name or communicate it to the officer by other means, the statute is satisfied and no violation occurs.
That was contrary to the facts -- the recordings show that Hiibel was asked to "show" identification, not merely to identify himself verbally -- but what counts as precedent is what the Supremes found the facts to be.
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