I’m at the Hardware store and I buy electrical tape. So in the state of FL you have yo be over 18 to do this and I get carded. I’m used to getting carded but thats not the question. The guy behind the counter says I should really think about getting a FL ID (I’m from MA). I ask why since I only need to get my ID redone every five years. He says in case a JSO officer pulls you over and tickets you for having an incorrect ID. I said well I don’t drive so I won’t get pulled over. Guy behind counter says they might stop you if your walking.
Okay so can and officer stop you if your just walking and give you the third degree? If he can do that can he ticket you for having an out of state ID if you live here?
Obviously I’m going to get my ID changed anyway to avoid conflict but can they really do that?
Well, if I remember correctly Florida benifits from the auspices of the “Bundy Law” which allows officers to stop you and ask for ID if you “look suspicious” in thier opinion. I might be wrong though.
My bigger problem here is that you can’t buy tape if you’re a minor.
In California, a police officer can stop you and ask for ID. You don’t need probable cause. IIRC, the Supreme Court ruled in the last year or two that police officers can set up a checkpoint and see if you have valid license and registration.
CA DMV states that you have to notify the DMV withing 30 days of moving, so if you’re new to the state, or have just moved, you need to contact them. Yes, it is ticketable. You may need a new license, or they’ll simply keep your address on the records for when your license expires, then issue a new one with the correct address. Some IDs have a space on the back if your address is not what’s on the front.
Your best answer is, “Why, no, officer, that isn’t my current address. I’m due to go to the DMV Monday to change it. Only been here a few days thusfar.”
sounds like it is easier to buy a gun in florida than electrical tape. Just as well, we all know what happens if someone goes wild sniffing tape…
whoops shouldn’t have said that - don’t try that at home
I’d take the legal advice offered to you by this kind gentleman to be worth the same amount as what he paid at the law school he got his J.D. at.
If you get stopped and questioned on foot, you are required to identify yourself. Showing ID can make the “getting stopped” process much quicker.
Possession of expired ID is not unlawful.
Police officers have just as much right as anyone else to walk up to anyone and ask them a question. As long as the citizen is free to disregard the inquiry and go about their business, the constitution is not implicated.
If the person’s liberty is restrained, even briefly, then the police must possess at least a reasonable, articulable suspicion of wrongdoing. This is a level of suspicion less than probable cause, but above a mere hynch or unparticularized suspicion.
See Terry v. Ohio.
Do you have a cite for the proposition that you must identify yourself if asked, without any reasonable suspicion on the part of the police?
And for those playing along with Bricker at home: TERRY v. OHIO, 392 U.S. 1 (1968) Don’t know if this is the full opinion but hey, if you really want that you can Google it yourself.
Bricker, 19 minutes between half-assed legal assertion and your elegant and eloquent refutation! Is that a new personal best?
I think I have had the same question as the OP, and if I may be permitted to restate it a bit for Bricker, et. al.:
If I am just walking down the street, am I legally required to be in posession of an ID?
IIRC, Colorado, where I live, has some sort of law about not being allowed to possess two types of official Colorado ID, such as an ID and Driver’s Liscense. What gives?
How would I be ID’ed without an ID?
Thanks, I hope that this is what the OP is getting at.
In some jurisdictions, yes. Under Belgian, German, Greek, and Luxembourgish law, one is obligated to show one’s official ID to a police officer on request. The UK implemented a similar law with the start of WWII; it was not repealed until sometime in the 1950s.
This, at least, makes sense. If a person has two legal state IDs, they could be used by two different people. College students out drinking illegally, for instance, might find this useful.
Not legally. It’s illegal in any state to sell a firearm to a minor.
Illegally… anyone making a private sale to someone who looks young would ask to see ID, unless they’re deliberately commiting a felony (or being EXTREMELY stupid, I guess).
Electrical tape, however, is often sold at convenience stores which are staffed by minors, or at flea markets etc. In either of these cases the seller could easily forget (or be persuaded to ‘forget’) to check the purchaser’s ID. Actually at a flea market or yard sale, they might not even know they are supposed to. You could also probably buy electrical tape by mail order or over the net.
I did some searching at http://www.leg.state.fl.us/ and couldn’t find any law about electrical tape. Could **Tia3child
** provide a statute number? Is it just electrical tape or is duct tape, packing tape, etc covered?
