Rocky Mountain News | November 30, 2005

We've never been keen on the idea of government officials demanding an ID from citizens going about their normal business. It reminds us of scenes from those old movies of World War II in which the hero, who has slipped onto a train in occupied Europe, finds himself confronted by some grim-faced official demanding to see his "papers."

Papers? Americans rightly bridle at the demand - unless of course the official is investigating a crime. That's why our sympathies go out to Deborah Davis of Arvada, who refused to show an ID at the Federal Center in Lakewood and who may be prosecuted as a result.

Yes, officials can demand to see IDs of people entering certain federal facilities. But Davis doesn't work at the Federal Center and is hardly interested in poking her nose where it doesn't belong. She was merely riding an RTD bus whose route traverses the center grounds, and never so much as got out of her seat. But she did refuse to show an ID to an officer who boarded the bus.

"The status of the matter is now under review," according to a spokesman for the U.S. attorney.

Here's hoping the threat dissolves once those attorneys put their heads together. They might recall that Americans are under no obligation to carry an ID - at least not when heading to work by foot, bike or bus. Most do, of course, and the vast majority probably wouldn't mind flashing it at an officer engaged in routine security for a federal complex. But why should iconoclasts such as Davis be punished for defending our liberty just because the rest of us are trouble-averse sheep?

We're not arguing that Davis has a constitutional right to decline a request to produce an ID at the Federal Center. It's a complicated matter, and perhaps a close legal call. We're just saying that when someone boards a bus, she does so with the understandable expectation that she won't be confronted by police with a demand for her "papers." Why don't the feds card visitors at the center buildings' doors?

Eighteen months ago, the Supreme Court said Americans no longer have an unqualified right to remain silent when questioned by police. They must provide their name when stopped for suspicion of a crime. But the court has never said Americans must identify themselves upon demand even when they're not under suspicion. Let's keep it that way.