# Am I being detained? Am I free to go? **URL:** \ **Category:** Factual Questions\ **Created:** [September 4, 2013, 3:34pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998 "2013-09-04T15:34:30Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [September 4, 2013, 7:35pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/21 "2013-09-04T19:35:34Z")
> [@Bone](#): > > An arrest is a form of detention so asking if you are being detained is inclusive of that. This isn’t exactly correct. being detained and being under arrest are 2 different things. Which is why I posted to ask both. One can be detained without being under arrest. And when one is under arrest one is under arrest, not just detained. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [September 4, 2013, 7:48pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/22 "2013-09-04T19:48:50Z")
In the UK a police officer has the right to stop and search: "A police officer has powers to stop you at any time and ask you: what you’re doing, why you’re in an area and/or where you’re going However, you don’t have to answer any questions the police officer asks you. (In practice not answering is provocative) Stop and search: police powers A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying: illegal drugs, a weapon,stolen property or something which could be used to commit a crime, eg a crowbar. They do not have to be in uniform, and 'reasonable grounds, is a matter for them. A car driver is in the same position and does not have to prove his identity or carry a driving licence. However, if the police think that a driver is not who he says he is, he may have to go to a police station until the matter of identity is resolved. An individual who is ‘asked’ to go with a PC can refuse and there is not a lot the police can do apart from arrest them. As in the US, the clock starts ticking at the time of an arrest so they don’t like doing it if they can avoid it. ---
**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\ **Post date:** [September 4, 2013, 7:55pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/23 "2013-09-04T19:55:38Z")
> [@Machine\_Elf](#): > > T He made a conscious choice to stand up for his rights, and was willing to bear a certain cost for doing so, but finally dropped the issue when he saw that his family was also bearing a burden. And therein lies the crux. You have only as many rights as you (and your family) can afford to pay the cost of enforcing. The police are always right, unless you can afford to prove them wrong. ---
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 4, 2013, 8:02pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/24 "2013-09-04T20:02:27Z")
United States. East Coast In the real world, if a cop asks you for ID, even though he has no legal right to do so, refusing to show an ID will most likely result in your arrest. You must identify yourself, but by law you are not required to carry papers. This will not matter. The real reason for the arrest will be a made up charge. It will probably end when the officer does not show up for court. You still will have been arrested, spent time in jail, and be required to post a bond, or at the very least show up for a court date. Unless of course you are a well off white person, and you quickly identify yourself by name, birth date, social and address, which the LEO can quickly verify. Your picture will actually show up on their computer now. But refusing to comply in the US can end very badly, and very quickly. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [September 4, 2013, 8:03pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/25 "2013-09-04T20:03:00Z")
> [@Dallas\_Jones](#): > > And the police officer may decide to take you along to the station until you can be identified. Depends upon how your interaction with the officer is going. What you are a suspect of. If it goes badly they can detain you to determine your identity or for other reasons, for a certain length of time. All states have different rules. > > If you are operating a motor vehicle and do not have ID, that is “failure to carry and present” and you may be cited or detained. > > The authority is all in the hands of the police during an initial stop and trying to street lawyer yourself out of the situation rarely turns out well. > > Also see Terry Stop. It’s not street lawyering to answer the police officers question and excuse yourself from the scene if you can do so without coming off as an ass. It really depends on why he is stopping and asking you for your identity. Maybe he needs to know if you witnessed something. Maybe someone pointed you out as a suspect in something. Maybe he wanted to thank you for being a good citizen. The key is not to be an asshole to a cop if he stops and talks to you. Same rule applies to anyone who stops and ask you something. ---
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 4, 2013, 8:07pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/26 "2013-09-04T20:07:27Z")
Don’t be an asshole works pretty well everywhere. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [September 4, 2013, 8:16pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/27 "2013-09-04T20:16:44Z")
> [@pkbites](#): > > This isn’t exactly correct. being detained and being under arrest are 2 different things. Which is why I posted to ask both. One can be detained without being under arrest. And when one is under arrest one is under arrest, not just detained. I understand they are different, but for the purpose of the line of questioning, my point is the difference is of no consequence. I think we may be talking past each other. When you ask if you are being detained, the answer will be yes if you are either under arrest or simply detained because when you are under arrest that is also a form of detention. There is no difference from the perspective of the person doing the asking because the result will be the same regardless of whether you are under arrest or just being detained. It wouldn’t make sense for a person to ask, “Am I being detained” and the officer answers, “No. But you are under arrest!” ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [September 4, 2013, 8:51pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/28 "2013-09-04T20:51:13Z")
> [@FXMastermind](#): > > United States. East Coast > > In the real world, if a cop asks you for ID, even though he has no legal right to do so, refusing to show an ID will most likely result in your arrest. You must identify yourself, but by law you are not required to carry papers. This will not matter. > > The real reason for the arrest will be a made up charge. It will probably end when the officer does not show up for court. You still will have been arrested, spent time in jail, and be required to post a bond, or at the very least show up for a court date. > > Unless of course you are a well off white person, and you quickly identify yourself by name, birth date, social and address, which the LEO can quickly verify. Your picture will actually show up on their computer now. > > But refusing to comply in the US can end very badly, and very quickly. Since this is GQ I’ll just go with the old standby. Cite? The classics are always the best. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [September 4, 2013, 9:37pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/29 "2013-09-04T21:37:18Z")
> [@CoastalMaineiac](#): > > I am envisioning a scene similar to this: > > Officer approaches me and asks “you mind showing me your ID?” > I ask, “Are you detaining me?” > Officer answers, “no.” > So I say, “Then I’d rather not. Have a nice day officer!” and walk away. COMPLETELY legal. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [September 4, 2013, 9:42pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/30 "2013-09-04T21:42:01Z")
> [@Si Amigo](#): > > Of course you can. After you give him your name you should immediately asked him why you are being stopped and explain that you do not have any ID on you (even if you do). > [@Dallas\_Jones](#): > > And the police officer may decide to take you along to the station until you can be identified. Depends upon how your interaction with the officer is going. What you are a suspect of. If it goes badly they can detain you to determine your identity or for other reasons, for a certain length of time. All states have different rules. Amigo said he gave him his name, so how can the officer take him in for not doing so? ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [September 4, 2013, 9:47pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/31 "2013-09-04T21:47:06Z")
> [@Shodan](#): > > Am I correct in thinking that I never have to produce identifying documents? I have to give identifying _information_, like name, address, and birth date. But I do not have to produce any ID or driver’s licence if I don’t feel like it (and I am not driving a car). > > IOW I am walking down the street, and Officer Friendly comes up and stops me (perfectly legal, on both sides, at this point). > > Officer Friendly: Can I see some ID? > > Me: My name is **Shodan** , I live at 123 Main Street, and I was born January 28, 1956. > > OF: I would like to see some ID. > > Me: No. > > Can I do that, legally? > > Regards, > Shodan A DEMAND can only be made under the Hiibel case. Now, a request can seem/appear to be a demand, at times there is a fine line in language to consider whether it is a seizure or consensual encounter. The thing to say is “Am I under investigation per the Hiibel case”? If the answer is NO, then it is definitive, you do NOT have to show ID. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 5, 2013, 1:54am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/32 "2013-09-05T01:54:44Z")
> [@lawbuff](#): > > COMPLETELY legal. Agreed. The gravamen of a citizen consensual encounter with police is that the citizen is free to disregard the police inquiry and go about his business. ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [September 5, 2013, 4:09am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/33 "2013-09-05T04:09:17Z")
Depends on how dark your skin is according to the subjects of King Mayor Bloomberg. This is an area of law that used to be clear, but the stop and frisk policies of New York and cities following it seem to be successfully undermining that. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [September 5, 2013, 4:59am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/34 "2013-09-05T04:59:11Z")
“Show me some ID”. “Of course, officer, if you want to follow me home then wait outside while I fetch some for you.” Not denying I have ID (would that be obstruction?) but I can always walk/amble home to get my passport. They can’t make you walk faster or make you ride in the squad car, I assume… ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 5, 2013, 7:33am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/35 "2013-09-05T07:33:46Z")
The legal distinction is that the police can stop and ask anyone questions in a general way just like you could stop and ask somebody questions. The police also have the power to detain people - the person being asked questions legally has to stay. Obviously, a civilian doesn’t have this power. But it’s not a universal power - the police officer has to have a reason why he’s detaining somebody. So when you ask a police officer “Am I being detained?” or “Am I free to go?” or “Can I leave now?” you’re basically forcing him to make a decision about whether or not he has sufficient grounds to detain you. If he says no, you can walk away. If he says yes, you have to stay but you now have grounds to sue the police department if you can establish he did not have sufficient grounds to detain you. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [September 5, 2013, 8:22am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/36 "2013-09-05T08:22:23Z")
> [@Loach](#): > > Since this is GQ I’ll just go with the old standby. Cite? The classics are always the best. I’ve been told by more than one police officer in HPD(Houston police department) that it is illegal to not produce a state ID or driver’s license when requested to by a cop. Texas does have a stop and identify statue that only requires you to identify yourself, the reasoning the cops gave was that the law requires a person to identify themselves and the only verifiable way to do that is with ID. I was never arrested however for failing to produce ID, only threatened with the possibility. I also located a police forum where a Texas cop repeated that same faulty reasoning. Don’t ask for a cite because like I said the law says one thing, cops on the street say another. I am not contending that you are required to produce ID by law, only that some police officers have the mistaken belief you are. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [September 5, 2013, 11:46am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/37 "2013-09-05T11:46:40Z")
> [@grude](#): > > Don’t ask for a cite because like I said the law says one thing, cops on the street say another. I am not contending that you are required to produce ID by law, only that some police officers have the mistaken belief you are. I wonder what those cops think of the furor over voter ID laws, given that the one of the complaints is that the poor frequently don’t have state-issued ID (because it’s a PITA to get). I also wonder how those cops deal with kids under the driving age, who (obviously) don’t have driver licenses, and hardly ever have state-issued ID cards. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [September 5, 2013, 12:14pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/38 "2013-09-05T12:14:05Z")
> [@Little\_Nemo](#): > > The legal distinction is that the police can stop and ask anyone questions in a general way just like you could stop and ask somebody questions. But outside a very few limited situations, a civilian doesn’t have the right to “stop” anyone in the USA. If I’m walking along, and someone _asks_ me to stop and answer a few questions, I have no legal, ethical, moral, or social obligation to stop. If they wish to walk with me and ask questions, I have no legal, ethical, moral, or social obligation to respond, or even to acknowledge their existence. If they attempt to stop me by physical contact, they’ve committed assault. Is all that true for a police officer? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [September 5, 2013, 12:58pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/39 "2013-09-05T12:58:32Z")
> [@grude](#): > > I’ve been told by more than one police officer in HPD(Houston police department) that it is illegal to not produce a state ID or driver’s license when requested to by a cop. Texas does have a stop and identify statue that only requires you to identify yourself, the reasoning the cops gave was that the law requires a person to identify themselves and the only verifiable way to do that is with ID. I was never arrested however for failing to produce ID, only threatened with the possibility. > > I also located a police forum where a Texas cop repeated that same faulty reasoning. > > Don’t ask for a cite because like I said the law says one thing, cops on the street say another. I am not contending that you are required to produce ID by law, only that some police officers have the mistaken belief you are. I didn’t ask you for a cite. The guy I did ask said: > [@](#): > > In the real world, if a cop asks you for ID, even though he has no legal right to do so, refusing to show an ID will most likely result in your arrest. I thought GQ had a higher standard than that. The above is false and shouldn’t stand in GQ without a cite. _You_ of course are correct, some officers get the law wrong. Just like in every profession there are varying levels of competence. I don’t know about the law in Texas but we do not have a similar one here. In my 15 years on the job I have not seen anyone arrested for not having an ID. It just isn’t done. Not having ID is such a common occurrence it would be ridiculous to do so. One thing I liked about the show _The Wire_. It showed that cops are like most people in every job. Most don’t want to have to do more work than they have to. No reason to arrest random people for no reason. Just more paperwork. Who wants more paperwork? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 5, 2013, 1:23pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/40 "2013-09-05T13:23:42Z")
> [@grude](#): > > I’ve been told by more than one police officer in HPD(Houston police department) that it is illegal to not produce a state ID or driver’s license when requested to by a cop. Texas does have a stop and identify statue that only requires you to identify yourself, the reasoning the cops gave was that the law requires a person to identify themselves and the only verifiable way to do that is with ID. I was never arrested however for failing to produce ID, only threatened with the possibility. Texas’ stop-and-identify statute (Tex. Pen. Code §38.02 includes no such requirement. > [@](#): > > FAILURE TO IDENTIFY. (a) A person commits an ) > offense if he intentionally refuses to give his name, residence > address, or date of birth to a peace officer who has lawfully > arrested the person and requested the information. > (b) A person commits an offense if he intentionally gives a > false or fictitious name, residence address, or date of birth to a > peace officer who has: > (1) lawfully arrested the person; > (2) lawfully detained the person; or > (3) requested the information from a person that the > peace officer has good cause to believe is a witness to a criminal > offense. > (c) Except as provided by Subsections (d) and (e), an > offense under this section is: > (1) a Class C misdemeanor if the offense is committed > under Subsection (a); or > (2) a Class B misdemeanor if the offense is committed > under Subsection (b). > (d) If it is shown on the trial of an offense under this > section that the defendant was a fugitive from justice at the time > of the offense, the offense is: > (1) a Class B misdemeanor if the offense is committed > under Subsection (a); or > (2) a Class A misdemeanor if the offense is committed > under Subsection (b). > (e) If conduct that constitutes an offense under this > section also constitutes an offense under Section 106.07, Alcoholic > Beverage Code, the actor may be prosecuted only under Section > 106.07. [Previous page](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998.md?page=1) [Next page](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998.md?page=3)