Does Hawaii laws require a person to ID or present ID of themselves to an officer?
No crimes or driving involved, just walking or loitering?

a personal experience i saw ; was a man sitting at a stairwell in Waikiki minding his own business a little drunk it seems
5pm so daylight not late night.
Two beat officers approached him and asked for a picture ID.

man refused..........."I no moah".
cops replied ...."we gon bring u in"
back and forth goes the replies
blue/wht pulls up
I left.......................

Is one required by law HRS to show ID while detained , again no crime committed?
protection under the 4th Amendment?

If the encounter with police is Consensual (you are not being detained or arrested), then you are not required to answer questions, give your name, or show ID.

If being detained or arrested, you must identify yourself.  ID cards are not required to be on your person unless operating a vehicle or boarding a commercial aircraft.

If unsure whether you are being detained, you merely ask if you are free to go.  If told yes, don't ask any more questions and calmly walk away.

As far as I can find, Hawaii has no Stop & Identify laws, which would make it a crime to not show identification if asked during detention or arrest.

It's against the law to lie, so the best thing is to not say anything at all..

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#States_with_.E2.80.9Cstop-and-identify.E2.80.9D_statutes

Local HPD
Chime in.

If you don't identify yourself with things like name / date of birth etc., you can be brought in until that identification is made.  They need to know where to write the ticket / citation / arrest.

If you aren't suspected of anything or being cited, then there is nothing you can get cuffed up for if you don't I.D.

found this on the Blaze whilst researching




http://www.theblaze.com/stories/2014/02/21/i-didnt-fking-do-anything-wrong-why-did-a-woman-allegedly-on-a-jog-end-up-screaming-and-in-handcuffs/

She Allegedly Went on a Simple Jog in Her Toe Shoes. So Why Did She End Up Screaming and in Handcuffs?

found this on the Blaze whilst researching




http://www.theblaze.com/stories/2014/02/21/i-didnt-fking-do-anything-wrong-why-did-a-woman-allegedly-on-a-jog-end-up-screaming-and-in-handcuffs/

She Allegedly Went on a Simple Jog in Her Toe Shoes. So Why Did She End Up Screaming and in Handcuffs?

I imagined this was what you were talking about with the first post.  The girl was pretty stupid imo!

Sure seems that way

If the encounter with police is Consensual (you are not being detained or arrested), then you are not required to answer questions, give your name, or show ID.

If being detained or arrested, you must identify yourself.  ID cards are not required to be on your person unless operating a vehicle or boarding a commercial aircraft.

If unsure whether you are being detained, you merely ask if you are free to go.  If told yes, don't ask any more questions and calmly walk away.

As far as I can find, Hawaii has no Stop & Identify laws, which would make it a crime to not show identification if asked during detention or arrest.

It's against the law to lie, so the best thing is to not say anything at all..

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#States_with_.E2.80.9Cstop-and-identify.E2.80.9D_statutes

I think the issue is a bit more complex than this and requires one to be aware of the laws and their rights. There are endless videos of people being illegally detained. It seems like there is a great number of law enforcement across the country that really does not understand fully much of the laws they are tasked to enforce. If you know the law and feel confident in that fact however, stand your ground.

Not saying this is the case...I don't know any of the details other than what the OP posted, which was he was in a stairwell in Waikiki minding his own business and a little drunk. Could this possibly be a public intoxication case, which can also be very fuzzy? Don't know what stairwell but if he was inebriated in a "deemed" public place could this potentially be interpreted in HPD's view as public intoxication? Or was the stairwell he was loitering in a private residence (condominium) that he does not reside and tenants were alarmed? Also unknown...did someone call HPD about this individual? Maybe he was doing something else prior, like being disorderly before the OPs observation.

Illegal immigrants got more rights than that girl! 

.

From my observations

There was no probable cause.
Did not appear drunk until he spoke with a slurrd speech.

Just because he looked homeless was no reason for a so called stop and ask.

Private stairway in a normal Waikiki Terrance.

Yes you need to present an ID to an officer if so requested. You can be arrested for failure to present ID upon lawful request.

Yes you need to present an ID to an officer if so requested. You can be arrested for failure to present ID upon lawful request.

Describe "lawful request".  It doesn't include all circumstances.

Failure to present ID won't get you arrested, because that's not against the law here.  But lying about your identity will.  They can DETAIN you until they verify your identity.

And it's not illegal to be out without an ID unless engaging in driving or flying commercially.

Describe "lawful request".  It doesn't include all circumstances.

Failure to present ID won't get you arrested, because that's not against the law here.  But lying about your identity will.  They can DETAIN you until they verify your identity.

And it's not illegal to be out without an ID unless engaging in driving or flying commercially.

Sorry, but again, you give bad advice because you assume, again, that you have a clue. It is, in hawaii against the law to refuse to provide your ID.

I would give you the HRS but since you know everything you can go read the HRS and find it your damn self.

If an officer is asking for your id there is a reason, likely a complaint or you match a description. They are not there for fun because they have better shit to do then talk to you for no reason.

Sorry, but again, you give bad advice because you assume, again, that you have a clue. It is, in hawaii against the law to refuse to provide your ID.

I would give you the HRS but since you know everything you can go read the HRS and find it your damn self.

If an officer is asking for your id there is a reason, likely a complaint or you match a description. They are not there for fun because they have better shit to do then talk to you for no reason.

I call BS.  If you had the statute, you would have posted it..

 

Here's that link from earlier in this thread....since you failed to read it I'll post again.

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#States_with_.E2.80.9Cstop-and-identify.E2.80.9D_statutes

Hawaii has no Stop & Identify law.

Here's that link from earlier in this thread....since you failed to read it I'll post again.

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#States_with_.E2.80.9Cstop-and-identify.E2.80.9D_statutes

Hawaii has no Stop & Identify law.

LMAO!!! I can see it now.

(While at HPD or Sheriff Receiving getting booked)

You: Officer why did you arrest me for failure to provide ID?

Officer: because it's against the law and your an idiot.

You: but, Wikipedia said it's not required in Hawaii.

Lets be gentleman like and keep this to a from being locked.

I would give you the HRS but since you know everything you can go read the HRS and find it your damn self.

I'd sure like to know the statute.  Sharing of information would be a friendly gesture.