Is a police officer's right to ask an individual for identification in the absence of probable cause meaningless?

California, United States of America


The following excerpt is from People v. Madueno, F074422 (Cal. App. 2019):

"The right to ask an individual for identification in the absence of probable cause is meaningless if the officer needs probable cause to accept the individual's proof of identification. [A]n individual's voluntary cooperation with an officer's request for identification does not convert the request into a detention because the individual is 'free at this point to request that his [identification] be returned and to leave the scene.' [Ciations.] [A] voluntary relinquishment of one's identification card does not constitute a seizure as long as the encounter is consensual under the totality of the circumstances." (People v. Leath (2013) 217 Cal.App.4th 344, 353, italics added; cf. People v. Castaneda (1995) 35 Cal.App.4th 1222, 1227-1229.)

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