In California, if a police officer asks for your ID and you don’t have it, the outcome depends on the context (e.g., pedestrian, driver, or suspected of a crime), California law, and officer discretion. Here’s a concise breakdown:
- Pedestrians:
- California does not require pedestrians to carry ID, and it’s not a “stop and identify” state for general purposes, meaning you’re not legally obligated to provide ID or identifying information during a casual stop absent reasonable suspicion (People v. Quiroga, 1993).
- If stopped (e.g., for loitering or jaywalking), you can verbally provide your name, date of birth, or address. Officers may verify this via radio or database.
- Outcome: If cooperative and there’s no suspicion of a crime, you’re likely released with a warning or citation. If the officer can’t verify your identity and suspects wrongdoing, they may detain you briefly (California Penal Code 647(e) allows detention for “reasonable suspicion” of loitering with intent to commit a crime).
- Refusal to identify isn’t a crime in itself, but it could escalate if the officer believes you’re obstructing (Penal Code 148), though this is rare if you’re polite.
