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Old 01-07-2019, 04:12 PM is offline
Charter Member
Join Date: Mar 2003
Location: Minneapolis, MN
Posts: 14,601
Originally Posted by griffin1977 View Post
In what jurisdiction? In CA if you take my ID and refuse to give it back you have just committed theft, and I will be calling the police (realistically filing a police report) and (more seriously for you) registering a complaint with the ABC.

Nothing in CA law gives you the right to steal my important government-issued document from me, just because you think it looks funny.
Fake IDs, counterfeit cash, etc. are contraband, and nobody has a legal right to posses them. So it's not "theft" if they're taken from you.

If you call the police, they will determine if the ID is fake or not. If it's not, they will have the clerk give it back to you. You could still try filing a theft charge against the clerk; unlikely that any county attorney would pursue such a case. (They want clerks to be diligent about checking for fake IDs. They even run stings looking for lax clerks.)