Some states require that you identify yourself to police if they approach you and ask for a government-issued ID card. These states are known as "Stop and Identify" or "Stop and ID" states. The requirement to identify yourself to law enforcement in Oklahoma only exists under certain circumstances such as when you are driving a vehicle or you have been formally arrested. Knowing your rights can be confusing. You are told that things will be easier for you if you just comply with an officer's requests, but in doing so you may risk a criminal charge and compromise your case.
Is Oklahoma a Stop and ID State?
No, Oklahoma is not a stop and identify (ID) state. If a police officer approaches you and asks to see your ID you do not have to show it. The only exceptions to this rule are when you are the driver of a motor vehicle, or if you have been formally arrested by police. If you are not driving the car you are not required to show your ID.
Does a Passenger Have to Show Identification?
No, in Oklahoma a passenger in a car is not required to show their identification to police when asked. There is no law stating that a passenger must carry their ID to ride in a car.
Your 5th Amendment Rights
You likely know that you have a Fifth Amendment right to refuse to say anything that could incriminate you, but you may not understand when and how you can invoke that right. You may also know that you have a Fourth Amendment right to be free from unreasonable search and seizure, but you may not know what constitutes and illegal search and when, if ever, you have to consent to a search. In July, we blogged about a college student who was arrested for DUI even though he had not been drinking at all. His DUI checkpoint refusal, in which he refused to consent to anything, led to a search of his car and a false hit from a drug dog. Some people criticized the young man for causing trouble and for making things harder than they needed to be. Other people praised him, saying that his video of the encounter informs people of their rights when stopped or questioned by law enforcement.
An infographic developed published at Online Paralegal Programs and circulating the web gives a clear and visual depiction of your rights during an encounter with police, whether you are questioned as a potential witness or arrested as a suspect. The information may be surprising to you. If a police officer asks for your identification, you must provide it if you are a driver that has been stopped or pulled over.
If you are arrested, however, you do have to provide identification It is important to note that you never have to consent to a search. If police have a valid search warrant, they can and will search your person or property with or without your consent. Never give your consent. Many people do not realize that police can legally lie to you or deceive you in order to get you to comply with their requests. Know your rights so that you cannot be taken advantage of. View the infographic below to learn the appropriate answers to questions such as, "Have you been drinking tonight," or, "Do you mind if I take a look?" Also, learn how to find out if you are free to leave an encounter or if you are being detained.
Source: Online-Paralegal-Programs.com To speak with an attorney about your rights or to consult a lawyer about your arrest, click here to submit a confidential online form.
