Photo: Keren Manor, Activestills
Following a ruling regarding a petition that we submitted along with fellow organizations*, as of July 12, 2021, police officers’ authority to require someone not suspected of committing an offense to present an ID on the street, has significantly declined. It is important that we know our rights in such a situation.
Please note: the following information does not apply upon being asked to present a driver's license.
Is a police officer allowed to require me to show my ID when I’m not suspected of committing an offense?
As of July 12, 2021, police are solely permitted to request IDs from people who are not suspected of committing offenses in under two circumstances:
They must check that you have an ID card and are a resident or citizen of Israel.
They must check details that appear on your ID, such as name, age, or place of residence. For example, to ensure that a minor is not drinking alcohol, or to check someone’s name when concerned that they are a fugitive, or have been summoned for investigation.
This entails that a police officer is prohibited from requesting that you present an ID just because you "seem suspicious" or are "in the wrong environment.”
Does the police officer have to explain that I am being detained, and why they are detaining me and requesting my ID?
Yes. The police officer must inform you that you are being detained, and clarify the reason for which they’re asking for your ID.
May I request that the police officer identify themselves?
Certainly, and what’s more – the police officer must identify themselves before asking you to identify yourself.
What if the police officer questions me – what am I doing here, where am I going, etc.?
Within the framework of detainment to check an ID card, the police officer does not have the authority to investigate or question you (when you are not suspected of committing an offense).
Can a police officer who detained me to inspect my ID check my criminal record or other personal details at the police station?
As of January 27, 2022: No. The court ruled that within the framework of detainments to check ID cards, police officers do not have the authority to look into personal details at the police station (when one is not suspected of committing an offense).
What happens if I don't have an ID card?
You can identify yourself using a driver's license or passport. If you do not have any ID card, you can provide your ID number and the police officer will verify your details through the computerized system.
Please note: as of the age of 16, it is mandatory for one to carry an ID at all times, and fines may be issued for violating the mandate. However, the law notes that an ID may be presented within five days, and the fine will be waived.
What happens if I refuse to identify myself
If the ID requirement is legal and meets the established conditions (that the officer explained the need and identified themselves) – refusal to identify oneself may be considered an offense for "violating a legal order.” In such a case, the officer may detain you and take you to the police station, even through use of force if necessary.
Are police officers or security guards permitted to ask me to present an ID upon entering a public place such as a shopping mall, movie theater, central bus or train station?
Yes. At entrances to public places, police officers or security guards may require those who enter to present an ID card. But the requirement of identification must be carried out in an equitable manner in all cases, and not on the basis of national or ethnic affiliation, etc.
In the event that a police officer violates the regulations and asks you to present an ID card unnecessarily, without identifying themselves or offering an explanation, report it to ACRI: phone: 052-8606023, email: sivan@acri.org.il.
* Our organizational partners in the struggle: Tebeka – Advocacy for Equality and Justice for Ethiopian Israelis, the Public Committee Against Torture in Israel, the Association of Ethiopian Jews, and the Clinical Legal Education Center at the Hebrew University of Jerusalem.