# Can the local Sheriff do this?
**URL:** https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807
**Category:** Factual Questions
**Created:** [March 20, 2003, 2:37pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807 "2003-03-20T14:37:07Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Tia3child](https://boards.straightdope.com/u/Tia3child)
#### Post date: [March 20, 2003, 2:37pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/1 "2003-03-20T14:37:07Z")
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?
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### Author:  [@Von\_Erich](https://boards.straightdope.com/u/Von_Erich)
#### Post date: [March 20, 2003, 2:46pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/2 "2003-03-20T14:46:31Z")
You have to be 18 to buy electrical tape? Can you explain that?
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### Author:  [@Tia3child](https://boards.straightdope.com/u/Tia3child)
#### Post date: [March 20, 2003, 2:49pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/3 "2003-03-20T14:49:29Z")
I honestly don’t know why you have to be 18 to buy electrical tape. I thought it darn funny myself but hey the law is the law.
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### Author:  [@welby](https://boards.straightdope.com/u/welby)
#### Post date: [March 20, 2003, 2:52pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/4 "2003-03-20T14:52:14Z")
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.
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### Author:  [@patchbunny](https://boards.straightdope.com/u/patchbunny)
#### Post date: [March 20, 2003, 2:55pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/5 "2003-03-20T14:55:00Z")
> [@](#):
>
> \*Originally posted by Tia3child \*
> \*\*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? \*\*
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.”
–Patch
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### Author:  [@scm1001](https://boards.straightdope.com/u/scm1001)
#### Post date: [March 20, 2003, 4:41pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/6 "2003-03-20T16:41:33Z")
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
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### Author:  [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)
#### Post date: [March 20, 2003, 5:15pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/7 "2003-03-20T17:15:14Z")
didn’t the op say that he doesn’t drive? i think that the laws would only apply if he was driving. that’s what a DL is for.
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### Author:  [@Mr.Slant](https://boards.straightdope.com/u/Mr.Slant)
#### Post date: [March 20, 2003, 5:36pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/8 "2003-03-20T17:36:02Z")
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.
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### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [March 20, 2003, 5:55pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/9 "2003-03-20T17:55:24Z")
> [@](#):
>
> \*Originally posted by Jonathan Woodall \*
>
> If you get stopped and questioned on foot, you are required to identify yourself.
No.
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?
- Rick
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### Author:  [@Otto](https://boards.straightdope.com/u/Otto)
#### Post date: [March 20, 2003, 6:33pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/10 "2003-03-20T18:33:16Z")
And for those playing along with **Bricker** at home: [TERRY v. OHIO, 392 U.S. 1 (1968)](http://www.fordhamprep.org/socstud/Cases/terry.htm) 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?
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### Author:  [@threemae](https://boards.straightdope.com/u/threemae)
#### Post date: [March 20, 2003, 6:46pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/11 "2003-03-20T18:46:55Z")
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.
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### Author:  [@Mr.Slant](https://boards.straightdope.com/u/Mr.Slant)
#### Post date: [March 20, 2003, 7:38pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/12 "2003-03-20T19:38:19Z")
> [@](#):
>
> \*Originally posted by Bricker \*
> \*\*No.
>
> 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?
>
> - Rick \*\*
Half-assed legal assertion withdrawn.
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### Author:  [@psychonaut](https://boards.straightdope.com/u/psychonaut)
#### Post date: [March 20, 2003, 9:01pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/13 "2003-03-20T21:01:43Z")
> [@](#):
>
> \*Originally posted by threemae \*
> **If I am just walking down the street, am I legally required to be in posession of an ID?**
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.
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### Author:  [@Chronos](https://boards.straightdope.com/u/Chronos)
#### Post date: [March 20, 2003, 9:30pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/14 "2003-03-20T21:30:30Z")
> [@](#):
>
> 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?
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.
But electrical tape?
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### Author:  [@stuyguy](https://boards.straightdope.com/u/stuyguy)
#### Post date: [March 20, 2003, 10:01pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/15 "2003-03-20T22:01:54Z")
Yes, the REAL question is being ignored, dammit!
Why can’t a 17-year-old buy electrical tape in Florida?
Why, dammit, WHY?
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### Author:  [@Kalashnikov](https://boards.straightdope.com/u/Kalashnikov)
#### Post date: [March 20, 2003, 10:26pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/16 "2003-03-20T22:26:19Z")
> [@](#):
>
> \*Originally posted by scm1001 \*
> \*\*sounds like it is easier to buy a gun in florida than electrical tape. \*\*
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.
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### Author:  [@Some\_Guy](https://boards.straightdope.com/u/Some_Guy)
#### Post date: [March 20, 2003, 10:39pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/17 "2003-03-20T22:39:10Z")
Seriously, though, what’s the deal with electrical tape?
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### Author:  [@threemae](https://boards.straightdope.com/u/threemae)
#### Post date: [March 20, 2003, 10:39pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/18 "2003-03-20T22:39:12Z")
Yes, but WHY is it illegal to sell electrical tape to minors?
Anyway, thankyou, I think I generally got my questions answered.
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### Author:  [@broccoli](https://boards.straightdope.com/u/broccoli)
#### Post date: [March 20, 2003, 10:44pm UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/19 "2003-03-20T22:44:05Z")
I never had a problem buying electrical tape in FL as a minor… Maybe the register jockey just didnt like you.
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### Author:  [@N9IWP](https://boards.straightdope.com/u/N9IWP)
#### Post date: [March 21, 2003, 12:00am UTC](https://boards.straightdope.com/t/can-the-local-sheriff-do-this/162807/20 "2003-03-21T00:00:04Z")
I did some searching at [http://www.leg.state.fl.us/](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?
Brian
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