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Consider that in most states you are not required to furnish identity documents on demand, (unless you are being arrested, or pulled over in a traffic stop) what is the status or required level of compliance expected under the law if a police officer says they need to see your ID?

In other words, in the absence of the officer articulating a crime you are suspected of committing and a clear reason why providing ID is required, does simply repeating the word "need" constitute a request, or a lawful demand?

Of course it is always legal for them to ask you, for you to ask them to clarify, and if they demand it under color of law in no uncertain terms you should consider it a lawful order and comply unless you want the situation to escalate...

However, if they refuse to clarify that you are being detained for suspicion of "X" and just stick to the script that they need to see it, would you be within your rights to consider it a request and refuse to comply? Because what does their unspecified need have to do with anything?

Note: Here are a couple similar questions, but neither address the specific legal meaning of the word "need": NY request for ID, TX request for ID

Michael Hall
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There is no special significance given to the word "need" or any particular words when police communicate. Every word is assessed in context, and the meaning of the phrase comes not from the use of a particular word in isolation, but from the entire interaction and what a reasonable person would understand their obligation or freedoms to be at that moment. See e.g. R. v. Therens, where Le Dain J. describes that is a person's reasonable perception of lack of choice that renders an encounter a detention.

Refusing to provide one's identification because one does not understand the word "need" to be a demand, in the context of this entire interaction, leaves open the risk that a judge finding that a reasonable person would understand that interaction to be a demand.

The word "need" can be used in many different circumstances and can be part of conveying many different meanings, depending the entirety of the circumstances, including who is doing the speaking.

Jen
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