Virginia Gun Owners Forum - VGOF

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes

"Virginia makes it a nonjailable misdemeanor to refuse to identify oneself to a conservator of the peace when one is at the scene of a breach of the peace witnessed by that conservator."

Couldnt a cop say anything he wants and call it breach of the peace?

ShortMan wrote:Couldnt a cop say anything he wants and call it breach of the peace?

Yep! Ain't it grand?

Kinda makes me wonder if not answering is failing to identify yourself. I thought you always can say nothing and identifying yourself can be limited to just saying your name (rather than having to show your identification). Ponderous....

GeneFrenkle wrote:Kinda makes me wonder if not answering is failing to identify yourself. I thought you always can say nothing and identifying yourself can be limited to just saying your name (rather than having to show your identification). Ponderous....

If I am reading it correctly, you do not have to show identification in a "simple" stop and identify situation. You can identify yourself by stating your name. The exception to this is your CHP or driving a vehicle (There may be a few other exceptions, but those are the most common I know of). If the Officer/Deputy finds your concealed handgun, they can request your ID/CHP.

Now me personally, I would prefer the statute to read something along the lines of they have to arrest you before you are required to identify yourself. I have personally ran into an officer that tried to brow beat my girlfriend into handing over her ID even though she did not have it on her. The officer didn't particularly like it when I pointed out that since I was the one in the driver's seat that she had no requirement to have an ID on her and that we had identified ourselves as required by law. By the way, in the end, neither one of us were arrested and all that ended up happening was that 40-60 minutes of our time was wasted by the officer. So I admit that my viewpoint has definitely been altered by past experiences. Please note I am not trying to bash, offend, etc any Officers/Deputies in general, I am just trying to offer an example.

>> If I am reading it correctly, you do not have to show identification in a "simple" stop and identify situation. You can identify yourself by stating your name. The exception to this is your CHP or driving a vehicle (There may be a few other exceptions, but those are the most common I know of). If the Officer/Deputy finds your concealed handgun, they can request your ID/CHP.

That's consistent with my understanding. Requesting ID _and_ chp is a separate issue. While driving, they can request your DL. Not driving or CC... just your identity. It's up to you on how you identify yourself. I don't think there's any law saying you must have state issued identification.

GeneFrenkle wrote: That's consistent with my understanding. Requesting ID _and_ chp is a separate issue. While driving, they can request your DL. Not driving or CC... just your identity. It's up to you on how you identify yourself. I don't think there's any law saying you must have state issued identification.

+1
That is my understanding. Just trying to show that there are a few exceptions that people do need to be aware of, so that they do not get caught in legal limbo.

No according to that Wiki they cannot demand your ID nor detain you if you dont have it.

I SAID, SHOW ME YOUR PAPERS!!!!!!!!!

I cant see officers (well, most anyways) demanding that. In the situation quoted they're just looking for witnesses and statements. No need to check that you are who you say you are. "Just tell me what ya saw. is that it Mr.... ??? Johnson you said? Thank yoh Mr. Johnson." Then on to the next witness and working. It's just something for them to take to court and say so-n-so saw this and wrote me this statement.

I've had to do it before and it was pretty much as explained above.

Now, if said witness is in the area of a Federal crime... Maybe... Just depends in the situation. Sometimes it's best to render ID and not be a smartass to LEO.

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