What is the test for asking for identification by a police officer?

We find People v. Lopez, supra, 212 Cal.App.3d 289 similar to the present case. There, an officer along with a recruit spotted the defendant sitting on the hood of a car. The officer asked the defendant if it was his car, and he said no. The officer then asked several additional questions, finally asking the defendant if he had any identification. In response, the defendant handed his wallet to the recruit and, upon opening it, a bindle containing narcotics fell from the wallet. (Id. at p. 291.) The court concluded no detention occurred. The mere request for identification did not transform the consensual encounter into a detention.

The court noted that although accusatory questions can convert a consensual encounter into a detention, the questions asked here were insufficient to do so. The questions asked, while somewhat accusatory, were "brief, flip and most importantly, did not concern criminal activity." (People v. Lopez, supra, 212 Cal.App.3d at p. 293.) Contrasting the facts to those in Wilson v. Superior Court where the officers asked

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