Is the Fourth Amendment implicated when an officer asks to see an individual's identification card?

California, United States of America


The following excerpt is from Kennedy v. Superior Court of Alameda Cnty., A140199 (Cal. App. 2014):

The Fourth Amendment is not implicated when an officer asks to see an individual's identification card. (People v. Leath (2013) 217 Cal.App.4th 344, 353.) It is only when the totality of the circumstances establish that the individual is not free to leave that the encounter is transformed into a detention. (See ibid.) In this case, while there may be grounds to believe that petitioner did not feel free to leave when first asked for his driver's license, petitioner does not make a factual or legal argument to support a claim that the initial request for identification amounted to an illegal detention. In ruling

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