Identifying Detainees

One of the first things that officers will do as they begin their investigation is determine the detainee’s name. “Without question,” said the Court of Appeal, “an officer conducting a lawful Terry stop must have the right to make this limited inquiry, otherwise the officer’s right to conduct an investigative detention would be a mere fiction.” 102

This is also the opinion of the Supreme Court, which added that identifying detainees also constitutes an appropriate officer-safety measure. Said the Court, “Obtaining a suspect’s name in the course of a Terry stop serves important government interests. Knowledge of identity may inform an officer that a suspect is wanted for another offense, or has a record of violence or mental disorder.” 103

Not only do officers have a right to require that the detainee identify himself, they also have a right to confirm his identity by insisting that he present “satisfactory” documentation. 104 “[W]here there is such a right to so detain,” explained the Court of Appeal, “there is a companion right to request, and obtain, the detainee’s identification.” 105

WHAT IS “SATISFACTORY” ID

A current driver’s license or the “functional equivalent” of a license is presumptively “satisfactory” unless there was reason to believe it was forged or altered. 106 A document will be deemed the functional equivalent of a driver’s license if it contained all of the following: the detainee’s photo, brief physical description, signature, mailing address, serial numbering, and information establishing that the document is current. 107 While other documents are not presumptively satisfactory, officers may exercise discretion in determining whether they will suffice. 108

REFUSAL TO ID

If a detainee will not identify himself, there are several things that officers may do. For one thing, they may prolong the detention for a reasonable time to pursue the matter. As the Court of Appeal observed, “To accept the contention that the officer can stop the suspect and request identification, but that the suspect can turn right around and refuse to provide it, would reduce the authority of the officer to identify a person lawfully stopped by him to a mere fiction.” 109

Officers may also arrest the detainee for willfully delaying or obstructing an officer in his performance of his duties if he refuses to state his name or if he admits to having ID in his possession but refuses to permit officers to inspect it. 110

Also note that a detainee’s refusal to furnish ID is a suspicious circumstance that may be a factor in determining whether there was probable cause to arrest him. 111

SEARCH FOR ID

If the detainee denies that he possesses ID, but he is carrying a wallet, officers may, (1) order him to look through the wallet for ID while they watch, or (2) search it themselves for ID. 112 Officers may not, however, pat search the detainee for the sole purpose of determining whether he possesses a wallet. 113

If the detainee is an occupant of a vehicle and he says he has no driver’s license or other identification in his possession, officers may conduct a search of the passenger compartment for documentation if they reasonably believed it would be impossible, impractical, or dangerous to permit the detainee or other occupants to conduct the search. For example, these searches have been upheld when the officers reasonably believed the car was stolen, 114 the driver fled, 115 the driver refused to explain his reason for loitering in a residential area at 1:30 A.M., 116 and a suspected DUI driver initially refused to stop and there were two other men in the vehicle. 117