# Legal question about Curfews, Police

**URL:** <https://boards.straightdope.com/t/legal-question-about-curfews-police/203210>\
**Category:** Factual Questions\
**Created:** [September 23, 2003, 12:47am UTC](https://boards.straightdope.com/t/legal-question-about-curfews-police/203210 "2003-09-23T00:47:29Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [September 23, 2003, 12:47am UTC](https://boards.straightdope.com/t/legal-question-about-curfews-police/203210/1 "2003-09-23T00:47:29Z")

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My town’s city council has recently implemented a 10 PM curfew for those under 18.

My question is: As an adult, what if I walk around after 10 PM without ID, and a police officer stops me, Can he arrest me purely on the suspicion that I’m a minor?

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**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\
**Post date:** [September 23, 2003, 1:17am UTC](https://boards.straightdope.com/t/legal-question-about-curfews-police/203210/2 "2003-09-23T01:17:37Z")

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If it came down to that, you could be detained until your age was verified. He would be conducting an investigation for a crime he believes is being committed. You wouldn’t get arrested though. Not for just suspicion of being underage.

Kinda like if your were drinking alcohol in a bar and a cop came in and asked to see your ID. But you dont have it. You’re a regular and the bartender served you without carding you. This is going to cause a huge inconvenience for you, but at no time would you be “arrested”. You haven’t committed any crime.

IANAL, YMMV bla bla bla.

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**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\
**Post date:** [September 23, 2003, 3:06am UTC](https://boards.straightdope.com/t/legal-question-about-curfews-police/203210/3 "2003-09-23T03:06:21Z")

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I’ve got a related question: What gives a municipality the right to impose a curfew in the U.S., and how extensive it that right?

I would imagine that the Constitutional rights of free assembly, travel, due process etc. would provide some serious limits on the rights of a governmental entity to limit people from being on the streets. Have there been Constitutional rulings authorizing this, whether for minors or adults?

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**Author:** ![MaryEFoo](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@MaryEFoo](https://boards.straightdope.com/u/MaryEFoo)\
**Post date:** [September 23, 2003, 7:28am UTC](https://boards.straightdope.com/t/legal-question-about-curfews-police/203210/4 "2003-09-23T07:28:51Z")

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IANAL, but rights apparently only become inalienable after the age of majority.
