Still, if a cop approaches you and asks for ID, and you aren’t committing a crime, and have a lawful right to be where you are, can you refuse to identify yourself?
In most countries the answer is no. If a cop asks for ID, its not even a question, you had better have it on you and produce it. But in the US, can you refuse to identify yourself? Can you be detained if you are not driving and you aren’t carrying ID?
As long as no one has called the cops on you for making out in public.
GENERALLY, if police have a reasonable suspicion (such as a phone call), you need to provide ID. However, it’s NOT clear in California. See #41
http://en.wikipedia.org/wiki/Stop_and_identify_statutes
“The California Peace Officers Legal Sourcebook (”CPOLS”; written by the office of the California Attorney General) maintains that failure to identify oneself does not constitute a violation of California Penal Code §148(a)(1), resisting, delaying, or obstructing a peace officer:
Unlike Nevada and 20 other states, California does not have a statute mandating that a detainee identify himself, and that obligation cannot be read into Penal Code Section 148. (Rev. 1/08, p. 2.14a)”
*Even the ACLU says it’s best to give them your ID.*
The laws on that vary from state to state. I believe California used to have a law requiring you to identify yourself, but the courts struck it down.
Not legally, no. In many states, you may be required by an officer to identify yourself in such circumstances, but that just means that you have to give your name, and in some states, your address. It does not mean that an officer can (legally) require you to show an ID card. The Supreme Court ruled on that quite some time ago.