when do I legally have to show I.D. / LTCH when a cop requests it?

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  • bglaze

    Marksman
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    Aug 5, 2009
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    Muncie, IN
    At what point am I legally bound to show a cop my I.D. and/or my LTCH if I am asked?

    Does he have to have a reasonable suspicion that I am committing a crime in order to legally ask for my I.D. or my LTCH? Or, can he just ask for it because someone complained to him about my OCing?

    I guess I understand that a cop can ask me for whatever he wants. So, my question should really just be: when do I HAVE to show it to him?
     

    IndyMonkey

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    When they ask for it.They don't have to have a reason......I mean you don't have to be breaking a law. I belive it is stated in the IC.
     

    Fargo

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    Mar 11, 2009
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    In a state of acute Pork-i-docis
    For producing identification, you have to be stopped for an infraction or ordinance violation:


    IC 34-28-5-3.5
    Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession;
    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
    As added by P.L.1-1998, SEC.24.
    Curiously, I am unaware of any statute that requires you to show ID if stopped for a crime.

    As to LTCH, it is unclear. I know of no provision which forces you to show it. However, if you don't and have a gun on you, you almost certainly WILL be arrested for it. The case will only be dismissed when you produce it:

    IC 35-47-2-24
    Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
    Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
    (b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.
    As added by P.L.311-1983, SEC.32.

    Functionally, per the underlined part, if you are carrying you have to produce it on request or they can legally arrest you. However, they would be arresting you for illegal possession of a handgun, not for refusal to identity or show a permit.

    Not legal advice, just my opinion.

    Joe
     

    IndyMonkey

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    So you don't have to show the ltch, but you will be arrested if you don't.

    But you get a get out of jail free card when you do produce it. :)
     

    EvilKidsMeal

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    I would imagine it's the same as gettin pulled over. "license and regristration please.."

    if they ask they don't really need a reason other than just to be sure they are safe or that you are following the law.
     

    Kirk Freeman

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    Yes, what fun you can have at roadblocks!!!:D

    "License and registration."
    "Are you stopping for for an IF or OV?"
    "Ummm, no."
    "Am I free to go?"
    "Sir, I need your license."
    "Why? Did I commit an infraction?"
    "Aw, come on, all the other kids are doing it!"

    I just hope I am not in a hurry as I hope to get this on tape. I haven't been stopped at one yet, but can hardly wait.

    At what point am I legally bound to show a cop my I.D. and/or my LTCH if I am asked?

    Show your ID or ID yourself: when stopped for IF or OV.

    Show your LTCH: statute does not say "bound" but I'd show it when the nice officer (or the one turning red spitting at you) asks for it. One may not be required but it beats a ride to Alabama Street (if in Marion County).:D
     

    E5RANGER375

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    Feb 22, 2010
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    BOATS n' HO's, Indy East
    Except that to be pulled over you have to have broken a law. No, wait, forgot about the sobriety check points. Nevermind.


    yeah thankfully they rulled those check points unconstitutional. I dont drink except on RARE occations, but i NEVER drink and drive not even 1 drink. I dont support those who do drink and drive, but those checkpoints needed to be shut down.

    for me i will always (now that ive been INGO educated) show my LTCH to an officer, but if hes a prick, i will not be giving him my DL unless its on a traffic stop. If hes cool, then im cool back and respectfull, but if i get came at like a criminal then i will "LEGALY" not make anything easy on him.
     

    bglaze

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    for me i will always (now that ive been INGO educated) show my LTCH to an officer, but if hes a prick, i will not be giving him my DL unless its on a traffic stop. If hes cool, then im cool back and respectfull, but if i get came at like a criminal then i will "LEGALY" not make anything easy on him.

    A cop that is asking me for my LTCH or I.D. without reasonable suspicion IS treating me like a criminal.

    Would it be appropriate for a cop to ask someone who looks Mexican for their I.D. just because there is a chance that they are an illegal alien?

    This is what separates America from WWII Germany--"Show me your papers."
     

    deanr

    Plinker
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    Mar 29, 2010
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    Kendallville, Indiana
    Just my :twocents:, but in Indiana you are required to have a LTCH to carry a handgun. So if a MWG call is received or the officer sees your handgun they have to verify that you are on the up and up and ask for the LTCH.

    Now if you have not commited any crimes and the only thing they stopped you for was to verify that you had a LTCH and you are not driving then you should not be required to show or otherwise ID yourself, aside from the LTCH.
     

    Kirk Freeman

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    Pardon my ignorance, but what is an IF and an OV?

    No problem, it's courthouse jargon. In the cause numbers (e.g. 79D06-0911-IF-XXX), the IF designates an infraction (speeding, turn signal, etc.), the 79 means Tippecanoe County, 09 is 2009, the 11 is November.

    So you know:

    IF=infraction, e.g. speeding on I-65
    OV=ordinance violation, e.g. carrying concealing handgun in Speedway
    CM=misdemeanor
    FD=Class D Felony
    FC=Class C Felony
    FB=Class A Felony
    MR=Murder
     

    DocIndy

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    I always make sure to hand the cop my LTCH with my ID. I almost got shot by a LEO by my own 1911 because she couldn't figure out the safety keeps the slide from moving. She was yanking on the slide while pointing the Springfield in m direction.....until I got another officers attention and he took it from her and cleared it for her. When I got my pistol back, she told me to leave it unloaded until I got home. I declined and loaded m pistol...nothing gets a cops attention more than a slide slamming shut. The other officers didn't have an issue withanything I did....just her.:dunno:
     

    Kirk Freeman

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    I almost got shot by a LEO by my own 1911 because she couldn't figure out the safety keeps the slide from moving. She was yanking on the slide while pointing the Springfield in m direction

    Tell it, brother. I saw the muzzle of my Les Baer thanks to Officer Cowboy.

    Was yours IMPD?
     

    Fargo

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    In a state of acute Pork-i-docis
    No problem, it's courthouse jargon. In the cause numbers (e.g. 79D06-0911-IF-XXX), the IF designates an infraction (speeding, turn signal, etc.), the 79 means Tippecanoe County, 09 is 2009, the 11 is November.

    So you know:

    IF=infraction, e.g. speeding on I-65
    OV=ordinance violation, e.g. carrying concealing handgun in Speedway
    CM=misdemeanor
    FD=Class D Felony
    FC=Class C Felony
    FB=Class A Felony
    MR=Murder

    You guys must be real progressive up there in 79-land, having done away with the B Felony and just making them all A's. I must say I like it!

    All in good fun,

    Joe
     

    Kirk Freeman

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    Yes, we are extremely progressive here in Tippecanoe County. We just invented "the shoe". As well, starting next Thursday, we will now allow women to drive.

    FB=Class B Felony
    FA=Class A Felony*


    *Kids, remember, don't do as Kirk does. Don't answer the phone when typing.:D
     
    Last edited:

    bglaze

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    Muncie, IN
    Just my :twocents:, but in Indiana you are required to have a LTCH to carry a handgun. So if a MWG call is received or the officer sees your handgun they have to verify that you are on the up and up and ask for the LTCH.

    Now if you have not commited any crimes and the only thing they stopped you for was to verify that you had a LTCH and you are not driving then you should not be required to show or otherwise ID yourself, aside from the LTCH.

    You are also required to have a driver's license to drive a car, but a cop cannot pull you over JUST to make sure you have a license.
     

    lashicoN

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    Nov 2, 2009
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    A lot of you guys keep saying "ID". But isn't it just a driver's license? I'm honestly asking, because my friend and I got pulled over one time, he was driving, and the cop asked for his info, saw a shotgun on the floor and got all weird. We had to get out of the car and I was asked for my "ID" as well. It got me thinking. I don't believe I own an "ID". I have a photo on my Driver's License, but I wasn't driving. I almost put up a fight, but wasn't sure if our DLs double as IDs. We both informed that we were both carrying and he made some stupid comment about "Jeez! Another gun!? How many do you guys have on you?!"

    I think we just got a jerk, but I'd like to know about the Driver's License. Did I have to show it if I wasn't driving? That doesn't make a whole lot of sense to me.
     
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