Alcohol & Drugs: MIP, MIC, Intoxication Fake ID taken at supermarket

[momma_2_four]

Got my fake ID confiscated at Albertsons over the weekend trying to buy beer. The guy told me to leave or he would call the police, so I left. But then I called today and pretended I was a parent and asked what they do with fake IDs and they said they send them to a detective in Ventura, CA - close by. The bummer part about all of this, is the ID had all my real info on it. All that was different was the date of birth. So I feel like I am an easy target! I am 19.

Should I be worried about this? Anyone have any experience with this? Any advice?

Is the cashier legally allowed to take an ID and not give it back? Technically it is my property...
One thing I was thinking was that I could go back to the store and demand my ID back (unless they already sent it) and threaten to sue?? Of course, then my worry is that they will just call the police, so I am really unsure what to do?

 

[army judge]

You'd be wise to let this go.

If you're a little bit lucky, you'll get away without any police contact.

However, if the cops do contact you admit to nothing.

Do not provide a statement.

Give only your name, rank, and serial number.

Be polite, decline to speak to them about anything, and ask for a lawyer.

Last, but not least, do not get another fake ID.

 

[CdwJava]

Should I be worried about this? Anyone have any experience with this? Any advice?

Yes, you should be worried, but, not a lot.

You DID get mighty lucky, however.

Is the cashier legally allowed to take an ID and not give it back? Technically it is my property...

Really? Okay ... here's what you do ... go to the police and make a report that the clerk STOLE your false (illegal) identification ... see where that gets you.

Yes, they can take contraband.

One thing I was thinking was that I could go back to the store and demand my ID back (unless they already sent it) and threaten to sue?? Of course, then my worry is that they will just call the police, so I am really unsure what to do?

You got busted ... you got lucky when they did not call the cops. The state has one year to file against you, so until 12 months have passed you are vulnerable for a criminal charge on this. Pray that they do not send it to the police, or, that the police do not act on it for some reason.

Count your lucky stars and buy a lottery ticket. And, WAIT another couple of years before trying to buy alcohol. You have the rest of your life to get drunk and party, no need to start down a road of ruin so early in life.

 

[mightymoose]

Yes, they absolutely can take your fake ID... they could even take your real ID if they suspected it fake... it isn't "yours", it belongs to the state. As said above, the procedure for getting your real or fake ID back involves the police, and in this case that would just be silly of you.

It is very unlikely this will be investigated since there is no other associated crime. Had you been trying to use it to cash checks or something then there would be more incentive to look in to it.

 

[joselynn]

You'd be wise to let this go.

If you're a little bit lucky, you'll get away without any police contact.

However, if the cops do contact you admit to nothing.

Do not provide a statement.

Give only your name, rank, and serial number.

Be polite, decline to speak to them about anything, and ask for a lawyer.

Last, but not least, do not get another fake ID.

I definitely agree with you. For tebc12, you must be thankful that the police has not taken any actions yet. Trying to get your id back will only get you in to some more trouble. Just follow what army judge has said.

 

[mileytipton]

this is about your id and all information is true then it is very serious case. Who knows with the help of your id tomorrow these guy can make big issue which might not be in your favor. Call the police and find out the source he got your id.

 

[charlesc]

this is about your id and all information is true then it is very serious case. Who knows with the help of your id tomorrow these guy can make big issue which might not be in your favor. Call the police and find out the source he got your id.

you dont really have first hand knowledge of your birthday, you were to young to remember. - generally, Only your mother would remember that.

Identification means same as, i am not the same as a card with a picture on it that looks like me, with a different DOB.
i would not admitt a fake id was mine.

would i really put my correct address on a fake id ? Do you think ?

 

[CdwJava]

you dont really have first hand knowledge of your birthday, you were to young to remember. - generally, Only your mother would remember that.

Identification mean same as, i am not the same as a card with a picture on it that looks like me with a different DOB.
i would not admitt a fake id was mine.

Charles, it is a crime merely to possess the ID. You don't have to admit ownership.

And your "definition" of identification is way off.

 

[charlesc]

Charles, it is a crime merely to possess the fake ID. You don't have to admit ownership.

And your "definition" of identification is way off.

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you right, you dont have to admit to actual possession of ID.

its not my definition of ID, its from a legal dictionary.

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IDENTITY, evidence.

1.Sameness.

2. It is frequently necessary to identify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be proved that the defendants have in criminal actions, and for injuries, been guilty of the crime or injury charged; and in an action on a contract, that the defendant was a party to it. Sometimes, too, a party who has been absent, and who appears to claim an inheritance, must prove his identity and, not unfrequently, the body of a person which has been found dead must be identified: cases occur when the body is much disfigured, and, at other times, there is nothing left but the skeleton. Cases of considerable difficulty arise, in consequence of the omission to take particular notice; 2 Stark. Car. 239 Ryan's Med. Jur. 301; and in consequence of the great resemblance of two persons. 1 Hall's Am. Law Journ. 70; 1 Beck's Med. Jur. 509; 1 Paris, Med. Jur, 222; 3 Id. 143; Trail. Med. Jur. 33; Foder«, Med. Leg. ch. 2, tome 1, p. 78-139.

that why when i go into traffic court arraignment, I never ID my self as the accused as thats not my burden.

are the people really required to carry State ID without pay? - its just a question no disrespect intended.

Can you legally define actual possession ?

 

[CdwJava]

Charles, read the specific code sections and related definitions. The code sections will also identify what the state has to prove beyond a reasonable doubt for a conviction.

And, if you operate a motor vehicle, yes, you are required to provide the license - a state issued identification.

You may not have to admit that the ID is you or not. But, when the prosecutor presents it to the court and a jury with your picture and identifying info (height, weight, hair, weight, address) then they can come to their own decision as to whether it is of you or not.

Also note the legal term you posted has to do with "identity" and NOT "identification." They are not the same.

 

[charlesc]

Charles,

And, if you operate a motor vehicle, yes, you are required to provide the license - a state issued identification.

But, when the prosecutor presents it to the court and a jury with your picture and identifying info (height, weight, hair, weight, address) then they can come to their own decision as to whether it is of you or not.

with all due respect, you are correct, but their are exceptions.

a operators license can be use for id, but its not identical to a State issued id.

also if not using a vehicle no id is require to be carried.

as you know, a license is heresay evidence at best, i am the best sourse of first hand information of my identity.

example: license says one is 6 feet tall, blonde hair, brown eyes, and 150 lbs but one can NOW be 5'11, lite brown hair, tan eyes and 170 lbs. - the signature can even be written differently.

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i dont operated motor vehicle EQUIPMENT, but i do move with my private property over the common easement to access other private property by Right. No license/permission is required to exercise a Right. the State can only license lawful activity.

before its goes to trial, the prosecutor or officer will have to identify the accused (not my burden). the officer wont be at arrainment and the prosecutor never saw anything.

 

[CdwJava]

Yes, an operator's license issued by the state is a functional state issued identification.

Yes, you are correct that no ID is required to be carried unless operating a motor vehicle where it is required or performing some other act that requires some sort of government issued ID (such as carrying a concealed weapon in many states, for instance).

No, you do not have a "right" to cross a common easement in a motor if that access is via a public roadway and state law prohibits it.

At arraignment the driver/operator/defendant will be identified and asked to make a plea. If the defendant wishes to challenge the identification and claim that they are not the person who was arrested or cited, it might make for an interesting hearing but at best another hearing would be scheduled likely based on some form of a suppression motion.

The bottom line here, Charles, is that merely the possession of the fake ID is a crime in most every state - likely ALL of them, but I cannot say that it is prohibited in all states as I do not know all 50 state laws on this. Court procedure is not the issue here, possession of the fake ID is.

 

[mightymoose]

If the defendant wishes to challenge the identification and claim that they are not the person who was arrested or cited, it might make for an interesting hearing but at best another hearing would be scheduled likely based on some form of a suppression motion.

As well as possible additional charges for the intentional delay.

I think Charles would just have to learn this lesson first hand.

 

[charlesc]

No, you do not have a "right" to cross a common easement in a motor if that access is via a public roadway and state law prohibits it.

At arraignment the driver/operator/defendant will be identified and asked to make a plea.

The bottom line here, Charles, is that merely the possession of the fake ID is a crime in most every state

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1. FYI , there was a time in america when people drove automobiles without a license (by right)

At the turn of the 20th century, commercial driver's licenses were not required, and any family by Right could strap a self-made engine to their wagon without government permission. However, as cars became more common in the 1920s, the number of drivers increased, which led to an increase in the number of accidents, and a system of commercial driver's licensing and examinations was born for commercial drivers.

(check the driver license history in america for yourself)

Once the public had a RIGHT to do something its cant be changed into a privilege. Per the ninth amendment of the US Constitution, rights cant be disparaged, that means if something was once a Right it cant be changed into a privilge, like drivng an automoble) The constitution is the supreme law of the land and overrides state law

Good Luck to you, slaves asks for permission.

2. Who will identify the ACCUSED at arrainment, when the officer is not present and No prosecutor saw anything?

 

[charlesc]

No, you do not have a "right" to cross a common easement in a motor if that access is via a public roadway and state law prohibits it.

At arraignment the driver/operator/defendant will be identified and asked to make a plea.

The bottom line here, Charles, is that merely the possession of the fake ID is a crime in most every state

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1. FYI , there was a time in america when people drove automobiles without a license (by right)

At the turn of the 20th century, commercial driver's licenses were not required, and any family by Right could strap a self-made engine to their wagon without government permission. However, as cars became more common in the 1920s, the number of drivers increased, which led to an increase in the number of accidents, and a system of commercial driver's licensing and examinations was born for commercial drivers.

(check the driver license history in america for yourself)

Once the public had a RIGHT to do something its cant be changed into a privilege. Per the ninth amendment of the US Constitution, rights cant be disparaged, that means if something was once a Right it cant be changed into a privilge, like drivng an automoble) The constitution is the supreme law of the land and overrides state law

Good Luck to you, slaves asks for permission.

2. Who will identify the ACCUSED at arrainment, when the officer is not present and No prosecutor saw anything?
as any defedant does not have to accuse themselves?

3. By possession, do you mean actual possession or constructive possession, pick one, they are not the same legally?

 

[CdwJava]

Charlsesc, you are just plain wrong and no amount of discussion will change your opinion.

In CA possession of a false ID is a crime. Your state might be different.

 

[charlesc]

Charlsesc, you are just plain wrong and no amount of discussion will change your opinion.

i understand how the law works, in your heart you KNOW i am correct.

once you see the truth, it can't be unseen.


Best of Luck to you

 

[mightymoose]

1. FYI , there was a time in america when people drove automobiles without a license (by right)

That was then, this is now.

Once the public had a RIGHT to do something its cant be changed into a privilege.

Yes it can, with the appropriate legislative process.

Per the ninth amendment of the US Constitution, rights cant be disparaged, that means if something was once a Right it cant be changed into a privilge, like drivng an automoble) The constitution is the supreme law of the land and overrides state law

Wrong. The 9th Amendment simply states that the people retain other rights that are not listed in the Constitution. Your application of the 9th here is improper. Yes, the Constitution is the supreme law of the land, but it does not override state constitutions. They coexist, and if there is conflict the US Constitution takes precedence. The sunbject matter in this case is not even one that is relevant to the US Constitution, as drivers licenses are regulated in state statutes.

Good Luck to you, slaves asks for permission.

In many circumstances, I have put people who didn't ask permission in jail.

2. Who will identify the ACCUSED at arrainment, when the officer is not present and No prosecutor saw anything?

The clerk who confiscated the license.

 

[mightymoose]

13. By possession, do you mean actual possession or constructive possession, pick one, they are not the same legally?

The clerk took the license from the OP... it is pretty obvious.

 

[charlesc]

In many circumstances, I have put people who didn't ask permission in jail.

The clerk who confiscated the license.

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (9th Amendment of the Constitution for the united States of America. (All the States)

Define Disparage:

1: to lower in rank or reputation, to degrade - 2: to depreciate by indirect means :

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if its really my license it cant be confiscated by anyone without a warrant. I mean it is my license, i payed for it. - its my property. Who's property is a State issued operators license ?

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People in Jail can still be FREE and others that think they are free can still be in a Prison of their own making.

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John 8:31-32 says

that if We continue in or hold to His words then we will get three things:

1. We will be His students. indeed. 2. We will know the truth, 3. The truth will make us free

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have a nice day