Author Topic: Requirement to show ID  (Read 2814 times)

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Offline TheQ

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Requirement to show ID
« on: November 28, 2012, 11:42:05 AM »
This question was received by the Board of Directors mailbox today.  Please give input and respond.
Quote
in Michigan,if im walking down the street, open carry not doing anything wrong, and a police officer stops me do I have to show him/her my i.d.?
I Am Not A Lawyer (nor a gunsmith).

Offline gryphon

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Re: Requirement to show ID
« Reply #1 on: November 28, 2012, 02:07:40 PM »
No.  Michigan is not a stop-and-ID state.

Also, from the Michigan State Police Legal Update #86 which you should read:

    Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.

    Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.

Offline METL

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Re: Requirement to show ID
« Reply #2 on: November 29, 2012, 09:55:59 AM »
No.  Michigan is not a stop-and-ID state.

Also, from the Michigan State Police Legal Update #86 which you should read:

    Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.

    Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.


The state police update is not binding to local agencies, though it is good to point it out to them.

The question of whether to ID or not is one of a personal preference nature.  If you feel like IDing, do it.  If you don't, then don't.   There may or may not be consequences, but as Gryphon stated, there is no statute stating you must provide ID if you are simply walking down the street.


Offline gryphon

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Re: Requirement to show ID
« Reply #3 on: November 29, 2012, 10:24:27 AM »

The state police update is not binding to local agencies, though it is good to point it out to them.

True, but it's hard to prove a negative. As you state, there exists no statute which says you must ID outside of a motor vehicle stop, so there's nothing to show, but MSP #86 does mention that.

Offline ocdetroit

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Re: Requirement to show ID
« Reply #4 on: November 29, 2012, 05:58:58 PM »
tooshay Dan +1 Carry On. :)
Open carry in Detroit
With both of them.

Offline METL

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Re: Requirement to show ID
« Reply #5 on: November 30, 2012, 10:43:17 AM »
True, but it's hard to prove a negative. As you state, there exists no statute which says you must ID outside of a motor vehicle stop, so there's nothing to show, but MSP #86 does mention that.


I agree, but I just wanted the question asker to have all the information.