Skip to main content

Failure to Identify to a Peace Officer

PEN § 148(a)(1), 148.9, 853.5(a), 853.6 - Misdemeanor

VEH § 12951, 40302, 40303, 40305 - Infraction

  • Maximum fine: $1000
  • Maximum term: 1Y
  • Probation/parole at home eligible: Y
  • Community service eligible: Y

In California, there is no stop-and-identify law which requires an individual to produce identification upon request of a peace officer, with exceptions, to an infraction, or misdemeanor.

Permits a peace officer to take a person into custody for an infraction not specified in the Vehicle Code if that person lacks proper identification, regardless of whether the person is willing to sign a promise to appear and to provide a thumbprint or fingerprint. A peace officer cannot charge or arrest a person for PEN § 148 with resisting/obstructing who fails to provide identification during a detention or after arrest, and can detain, search, pat down this person. Charges may follow unless they fail to provide identification during the booking process.

Back to top