“Many states have “stop-and-identify” laws. Under these laws, if a police officer reasonably suspects that someone has engaged in criminal activity, the officer can detain that person and ask for identification. A person who refuses to provide identification commits the crime of resisting an officer’s lawful order. (Hiibel v. Nevada, 542 U.S. 177 (2004).) Without that reasonable suspicion, however, a demand for identification may be illegal....
Laws in many states define loitering as “wandering about from place to place without apparent business, such that the person poses a threat to public safety.” Under these laws, if a police officer sees someone loitering, the officer can demand identification and an explanation of the person’s activities. If the person fails to comply, the officer can arrest the person for loitering. Therefore, the refusal to answer questions is a problem only if the officer has also observed the person loitering.”
https://www.nolo.com/legal-encyclopedia/demanding-identification-people-street.html
Remember, though: The COP decides on the spot if he or she has “reasonable” suspicion. You can argue later in court, but at the time things are going down, the COP decides if they need to see your ID.
Once they demand it, refusing is going to result in them assuming you are violating the law, giving the the right to arrest you. So...refusing to provide ID is not a good strategy.
And the part I tried to point out is the one where she failed.
Remember, though: The COP decides on the spot if he or she has “reasonable” suspicion. You can argue later in court, but at the time things are going down, the COP decides if they need to see your ID.
No. They don't.
The police as much as people would like to believe that don't get to decide.
That is the entire point.