Is California a “Stop-and Identify” State?

According to the Los Angeles County Sheriff’s Department, In California, there is no specific stop-and-identify law that mandates individuals to show identification when asked by a peace officer [1].

During a lawful Terry stop or legal detention, a deputy has the right to request the detained person present for examination “satisfactory identification,” that may include a current driver’s license or the functional equivalent – Los Angeles County Sheriff’s Department

This identification process helps ensure the safety of the deputy by revealing if the detained person is wanted for another crime, has a history of violence, or may be experiencing a mental health issue.

Also Read: Pulled Over Leaving Colorado

Does a Police Officer Need a Search Warrant to Search My Car?

The Fourth and Fourteenth Amendments of the U.S. Constitution state that for law enforcement to search a person’s private property, including their vehicle, the officer must have reasonable grounds to do so. Usually, that involves the officer getting a search warrant before ordering the search.

However, California law has created exceptions that allow police officers to search a car without a warrant. Some of these exceptions include:

Consent: If the driver gives permission for the search, no warrant is needed. It’s important to note that drivers can refuse consent, although many may feel pressured to comply.
Plain View: If an illegal item, such as a weapon or drugs, is visible to the officer without a search (e.g., on the passenger seat), they can conduct a search without a warrant. This also applies to odors, like marijuana or alcohol, that the officer can detect.
Search Warrant: If the officer has a valid search warrant, they can search the vehicle, and you cannot legally prevent them from doing so.

How Long Can Police Hold You Without Charges in California?

A police officer has the authority to detain an individual for as long as required to conduct a legal search or ascertain if a crime has occurred. Besides a Terry stop, officers can perform a search during a traffic stop. During such instances, both the driver and passenger may be detained until the search concludes. This could pertain to traffic infractions or matters such as drug possession.

What is a Terry Stop?

A “Terry stop,” also known as stop and frisk, derives its name from the landmark U.S. Supreme Court case Terry v. Ohio. This type of stop occurs when a police officer possesses a reasonable suspicion that an individual is armed, involved in, or about to engage in criminal behavior. During a Terry stop, the officer may briefly detain and pat down the individual’s outer clothing for weapons. This action constitutes a seizure under the Fourth Amendment.

In a traffic stop setting, the Terry condition of a lawful investigatory stop is met whenever it is lawful for the police to detain an automobile and its occupants pending inquiry into a vehicular violation. The police do not need to believe that any occupant of the vehicle is involved in criminal activity.

Also Read: Field Sobriety Test

2022 Police Stop Data Released by California DOJ

During the period from January 1, 2022, to December 31, 2022, a total of 4,575,725 stops were conducted by 560 law enforcement agencies.
When comparing the proportion of stops to the proportion of the residential population, Black individuals experienced the greatest disparity, being stopped 131.5% more frequently than expected.
Black individuals were searched at a rate 1.66 times higher than White individuals. However, contraband or evidence was discovered at a lower rate during searches of Black or Hispanic/Latino individuals compared to White individuals.
In 75% of stops, officers reported not taking any reportable action, while actions were taken in 25% of stops.
Among racial or ethnic groups, Native American individuals perceived by officers had the highest rates of being searched (22.4%) and handcuffed (17.8%).
Black individuals had the highest rates of being detained curbside or in a patrol car (20.2%) and ordered to exit a vehicle (7.1%).
Actions were taken in half of the stops involving individuals perceived to be transgender men/boys (50.0%).

Source: California Department of Justice (DOJ) [2].

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References:

1. https://pars.lasd.org/Viewer/Manuals/15183/Content/17730
2. https://contracosta.news/2024/01/03/2022-police-stop-data-released-by-california-doj/

Do You Have to Show ID to Police During a Stop in California?