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Discussion Starter · #1 ·
I was watching a few interesting youtube videos on the internet.

Mainly, if I am conceal or open carrying (And of course I have my permit) can an officer ask to see my identification with no just cause?

My first instinct would be no, he must think I am committing a crime, or have the intentions of committing a crime to ask for identification but after reading up I am not sure if that is the case.

Of course I first found:
http://en.wikipedia.org/wiki/Stop_and_identify_statutes

which says
Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.
So I checked the law here:
http://www.lexisnexis.com/hottopics/gacode/Default.asp

§ 16-11-36. Loitering or prowling

(a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(b) Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Code section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

(c) A person committing the offense of loitering or prowling shall be guilty of a misdemeanor.

(d) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting loitering or prowling within their respective limits.
I was just curious if anyone could refute this. Because it basically says refusing to identify yourself is enough to think someone is doing something wrong.
 

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I watch the watchers
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Can he ask? Of Course he can.
He can ask you where you live, why you're carrying a gun, do you want to date his sister, where you're going, do you want to come back to his place and play naked twister... anything he wants.
 

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Junior Butt Warmer
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ICanSeeYou said:
Mainly, if I am conceal or open carrying (And of course I have my permit) can an officer ask to see my identification with no just cause?
Sure, just like he can ask you if you mind loaning him some underwear.

The issue isn't the asking. The issue is whether or not you are legally required to comply. The answer to that is no.
 

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Junior Butt Warmer
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ICanSeeYou said:
I was just curious if anyone could refute this. Because it basically says refusing to identify yourself is enough to think someone is doing something wrong.
That's not quite what it says.

What it says is that under certain circumstances, a refusal to identify yourself may lend suspicion to the totality of the circumstances. It does not say you are required to do anything.

Also, "identify yourself" does not equal surrender your ID(s).
 

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I watch the watchers
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IF
a person is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity...

THEN
sub-paragraph (b) comes into play.

ELSE
There is no requirement to identify, unless you are operating a vehicle upon a public highway and lawfully stopped (OCGA 40-5-29)
 

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Discussion Starter · #8 ·
ugh I should have made that more clear haha. I meant ask/demand with the threat of penalties for refusing (I.E Legally obligated).

Just checking, thanks for all of the quick replies
 

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Mainly, if I am conceal or open carrying (And of course I have my permit) can an officer ask to see my identification with no just cause?

My first instinct would be no, he must think I am committing a crime, or have the intentions of committing a crime to ask for identification but after reading up I am not sure if that is the case.
Your first instinct is correct.
 

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That's not quite what it says.

What it says is that under certain circumstances, a refusal to identify yourself may lend suspicion to the totality of the circumstances. It does not say you are required to do anything.

Also, "identify yourself" does not equal surrender your ID(s).
Which begs the question - what if these circumstances exist but you are unaware? For example, someone reports a person matching your description committing crimes in the area (e.g. attempted B&E, robbery, battery, etc.) and the officer stops you for what is a Tier II encounter based on the RAS that you matched the reported description. The officer may simply ask you for identification, your purpose for being in the area, etc. without offering the justification for the line of questioning. You would thus not know that you're in a Tier II vs. Tier I encounter. Do you risk obstruction or other charges for failure to comply with the Tier II encounter?
 

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There is a case right now before the courts that is directly related to whether or not an Officer can legally stop a person for sole purpose of checking if they have a license to carry.

I'll try & locate the case, but I ran across it last week. The basics of the case, is an officer who saw a man with a gun under his shirt at a gad station, waited for him to leave & then pulled him over for the express purposes of checking to see if he had a valid carry permit.....


Sent from my iPhone using Tapatalk 2
 

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There is a case right now before the courts that is directly related to whether or not an Officer can legally stop a person for sole purpose of checking if they have a license to carry.

I'll try & locate the case, but I ran across it last week. The basics of the case, is an officer who saw a man with a gun under his shirt at a gad station, waited for him to leave & then pulled him over for the express purposes of checking to see if he had a valid carry permit.....

Sent from my iPhone using Tapatalk 2
Georgia?

Oh, wait, that is jrm's case, and GCO is awaiting summary judgment. The judge has yet to rule on the motion.
 

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My Name is Inigo Montoya
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That's it. A pretty clean case of a law enforcement officer seeing a gun and admitting that he stopped the person just to see the license.
 
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