Policy Text
TRAINING BULLETIN
Evaluation Coordinator: BOI Deputy Chief
Automatic Revision Cycle: 3 Years
“Department Training Bulletins shall be used to advise members of current police techniques and
procedures and sha stitute official policy.” Index Number: III-E.2
Alpha Index: Traffic Citations:
Evidence of Identity Effective Date:
8 Sep 10
ll con
TRAFFIC CITATIONS: EV IDENCE OF IDENTITY
California Vehicle Code Section (VC §) 40302(a) requires a person who “fails to present h
license or other satisfactory evidence of his identity for examination” to be “takenTRAFFIC CITATIONS: EV IDENCE OF IDENTITY
California Vehicle Code Section (VC §) 40302(a) requires a person who “fails to present h
license or other satisfactory evidence of his identity for examination” to be “takenis driver's
without
unnecessary delay before a magistrate.” The Oakland Police Department policy regarding arrests
e Code and is unable to present is driver's
without
unnecessary delay before a magistrate.” The Oakland Police Department policy regarding arrests
e Code and is unable to present pursuant to VC § 40302(a) requires reasonable effort to identify the person prior to arrest. When a person is to be cited for any violation of the California Vehiclpursuant to VC § 40302(a) requires reasonable effort to identify the person prior to arrest.
When a person is to be cited for any violation of the California Vehicl
valid identification, he/she shall not valid identification, he/she shall not
be arrested or searched incident to arrest under the
VC § 40302(a) unless all reasonable efforts to establish identity have failed.
Satisfactory evidence of identity means that degree of oral or documentary evidence rea authority of
sonably
required to assure the officer that a person is who he or she claims to be, taking into consideration the
he person
n
ation
try to its citizens or
considered valid if the card meets th e requirements of OMC 2. 34.010. Driver 's license
Records
Officers shall not handcuff a person to be cited merely because they are unable to immediately present
he person
onable suspicion exists to believe the driver may be armed, dangerous, or a flight risk.
en to Use Handcuffs).
rson's
his driver's
r conducted a file check of the driver using
d er's license records, CORPUS, CRIMS (Criminal Records Information Management System) records, and RMS. After unsuccessfully identif ying the person pursuant to exhausting all
reasonable means to identify the person, the offi cer elected to place the person under arrest for
VC § 40302 (a). The officer ordered the driver out of the vehicle, conducted a search incident to
arrest, and located crack cocaine in the driver's pant pocket.
nature of the identification presented. The burden of providing the identification is on t
detained.
A Selective Service Card, birth record, military discharge papers, Social Security Card, and a
employment identification card may suffice as corroborating evidence of identity if the inform
presented appears to be genuine. Photo identification cards issued by another c oun
nationals arerecords, CORPUS (Criminal Oriented Record Production Unified System)/CRIMS (Criminal
Information Management System) records, and RMS records are other means of verifying
identification.
identification. Nothing in this policy, however, pr ohibits handcuffing and/or pat searching t
when reas
(Refer to TB I.O-2, Legal Aspects of Searchi ng Persons and III-B.07, Wh
An arrest under authority 40302(a) is not justified when an officer has prior knowledge of a pe
identity.
Proper Applications of California Vehi cle Code Section 40302(a) to Arrest
1. An officer stopped a vehicle for a traffic violation. The driver was not in possession of
license nor any other form of identification. The of fice
riv
2
Traffic Citations: Evidence of Identity, Index Number III-E.2
of his driver's
ntify the
ely
t search,
er located a loaded firearm. The driver was subsequently arrested for illegal possession of
his driver's
e attempt to identify the
f his driver's
is name
40302(a).
n was
ected to
earching
interviewing the pedestrian on scene, the officer was able to determine her identity using CRIMS.
r on suspicion of being in
possession of narcotics.
ce neither
as unable to produce
, and
im using
It was improper for the officer to remove the driver from the vehicle, handcuff him, and search
him merely because the driver did not have identification. An officer must be able to articulate
that the driver posed a dangerous risk in order to handcuff the driver or conduct a pat search.
2. An officer stopped a vehicle for a traffic violation. The driver was not in possessionlicense nor any other form of identification. While the officer was attempting to idedriver using various databases, the officer observed the driver to be nervous and repetitiv
reaching in his waist band. Fearin g the driver may be reaching for a weapon, the officer elected to
remove the driver from the car, handcuff him and conduct a pat search. Pursuant to the pa
the offic
a firearm.
Improper Applications of California Ve hicle Code Section 40302(a) to Arrest
1. An officer stopped a vehicle for a traffic violation. The driver was not in possession of license nor any other form of identification. Without making a reasonabl
driver, the officer placed him under arrest under the authority of VC §