Scape Scape:
Having to show your ID is a search without a warrantThe officer said everyone had to show ID any time they were asked by the police, adding that if she were in a Wal-Mart and was asked by the police for ID, that she would have to show it there, too.
However, any kind of identification that you can carry with you is worthless, unless it can be confirmed through another source. Thus the demands made against Deb Davis were nothing more than a compliance test. She failed, but she should have never been asked in the 1st place. Show me your papers on a public bus to work? They were asking for a problem.
This issue was already ruled on by the US Supreme Court in
The Walker vs. The City & County of San Diego. The USSC correctly ruled that a request for identifcation, absent probable cause to suspect someone has committed a crime, is unreasonable and that no one need present identification simply because a cop asks for it as that can be a form of harrasment or intimidation under the color of authority - something that is itself a criminal offence.
When I was in my early twenties I had occasion to cite the decision with a Sacramento County Sheriffs Deputy (these fuckers really are Nazis, IMHO) and after a lot of threats of arrest and whatnot, the asshole let it go.
The civil rights aspect of this case will end up in court, no doubt, as well it should.