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Do You Need to Carry Identification in California?

Posted by Robert Lee Hamilton | Sep 11, 2023 | 0 Comments

No license is required to walk or ride a bicycle - but if lawfully stopped for even a minor traffic offense (like jaywalking or riding your bicycle on the wrong side of the street) and you do NOT have identification - the officer has broad to discretion to arrest you (NOT for failing to provide identification) for the minor traffic offense and to ensure compliance with your promise to appear. Thus, it is best to carry state issued identification and provide it to the officer upon request unless you are sure the officer does NOT have probable cause. Do not answer questions, but ask the officer if you are detained or free to go. If you are free to go, then leave. If detained, you can provide your identification while simultaneously (and respectfully) asserting your 4th Amendment Right against unreasonable search and seizures, your 5th Amendment Right to silence, and your 6th Amendment Right to Counsel.

Attorney Robert Hamilton

My name is Robert Lee Hamilton and I'm a California DUI, Criminal Defense, Personal Injury and Landlord-Tenant Lawyer.