Real ID confiscated by a Bouncer based on zero data

[blablac]

What is the name of your state (only U.S. law)? California

A friend's real ID as well as my real ID were confiscated at the entrance of a bar in CA.
The bouncers didn't ask a single question but just said: "they look fake, we are confiscating them"

We both live a block or two away, so we proposed to go get our passports to prove our IDs were real.

We presented our passports to the bouncers who said: "we believe your IDs are fake you can get them from the Police."

I have travel plans (rental car, hotel, flight) for work and needed my ID back so I chased down a police officer. Found two of them, but they were busy arresting some guys. They both told us to contact the PD and have them dispatch an officer.

PD said they don't take care of that kind of problems.

So I went back to the bar, explained my situation once more. As this was happening a patty wagging passed by. The bouncer gave my passport and ID to the officer who confirmed they were real.

Now this sounds like a non-event but:

-I only own one state issued ID and it is my driver's licence. If I did not get it back tonight (good thing the patty wagon came by), I would most likely have had to cancel a business trip (airplane fare, rental car, hotel and meetings across country, not counting the wasted time on an expensive project). Who would have covered the cost associated with such a problem ? The bouncer who made a mistake ? the bar ? myself ?

I'm a little sore from the whole situation as I felt hostage of a random bouncer's will and nothing objective.

Is this legal ? what are one's recourse ?

For all I know the bouncer could have had a bad day, or be looking for a good laugh.

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

A friend's real ID as well as my real ID were confiscated at the entrance of a bar in CA.
The bouncers didn't ask a single question but just said: "they look fake, we are confiscating them"

We both live a block or two away, so we proposed to go get our passports to prove our IDs were real.

We presented our passports to the bouncers who said: "we believe your IDs are fake you can get them from the Police."

I have travel plans (rental car, hotel, flight) for work and needed my ID back so I chased down a police officer. Found two of them, but they were busy arresting some guys. They both told us to contact the PD and have them dispatch an officer.

PD said they don't take care of that kind of problems.

So I went back to the bar, explained my situation once more. As this was happening a patty wagging passed by. The bouncer gave my passport and ID to the officer who confirmed they were real.

Now this sounds like a non-event but:

-I only own one state issued ID and it is my driver's licence. If I did not get it back tonight (good thing the patty wagon came by), I would most likely have had to cancel a business trip (airplane fare, rental car, hotel and meetings across country, not counting the wasted time on an expensive project). Who would have covered the cost associated with such a problem ? The bouncer who made a mistake ? the bar ? myself ?

I'm a little sore from the whole situation as I felt hostage of a random bouncer's will and nothing objective.

Is this legal ? what are one's recourse ?

For all I know the bouncer could have had a bad day, or be looking for a good laugh.

**A: you have no damages so are you asking a what if? If so, you would sue the establishment.

 

[tranquility]

Yes, it is illegal. Because it was an intentional tort, damages is not an element of the tort.

Sue the bouncer in small claims for trespass to chattel. Make an estimate as to what would make you whole. You should add violation of bailment (by not returning the documents when you asked for them) to the complaint as well in case they say that they didn't interfere with your stuff because you gave it to them.

The bouncer has no right to withhold things unless he knows it is illegal. There is not an exception for being reasonable here, the bouncer is not a cop. He has to be right. He wasn't. All the damages that flow from that should be paid.

Because of the nature of the tort (this is not negligence, but an intentional tort), the court will allow more for non-economic damages as punishment to the intentional hurt to you.

 

[davidmcbeth3]

You should go to DMV today and get a duplicate license...what, let me guess, you can't....

 

[FlyingRon]

It's illegal here and it appears equally illegal in California to confiscate iDs (even if patently fake). They can report you to the police.

 

[justalayman]

You should go to DMV today and get a duplicate license...what, let me guess, you can't....

why would OP need a duplicate? OP got his license back.

 

[CdwJava]

It's illegal here and it appears equally illegal in California to confiscate iDs (even if patently fake). They can report you to the police.

It depends ... we have laws that in some instances permit retailers from holding onto the instruments of a crime just as they can detain the criminal for the police. No cop is going to pursue charges against a bouncer who seizes someone's fake ID when it was presented as proof of ID to unlawfully gain entry to the bar or obtain a drink.

 

[blablac]

It depends ... we have laws that in some instances permit retailers from holding onto the instruments of a crime just as they can detain the criminal for the police. No cop is going to pursue charges against a bouncer who seizes someone's fake ID when it was presented as proof of ID to unlawfully gain entry to the bar or obtain a drink.

But then when the ID is real ? One should have a short term course - not have to wait 24 hrs.

 

[CdwJava]

But then when the ID is real ? One should have a short term course - not have to wait 24 hrs.

Tranquility gave you the civil options - sue them. You managed to get your ID back when you contacted the cops so from their perspective the matter was likely over with at that point.

Criminally, I don't see it being pursued at all though you could have demanded a "citizen's arrest" at the scene and the officers would have been legally obligated to at least act on the private person (citizen's) arrest - which would have likely been a citation for petty theft. But, that option has passed so the most you could do is file a report for the theft allegation and wait to see if the DA would file. My guess would be that no filing would occur.

But, if you are that amped about it, you can still try to seek recompense through the civil court process.

 

[gettup]

why would OP need a duplicate? OP got his license back.

You should go to DMV today and get a duplicate license...what, let me guess, you can't....

I think he meant for the OP to go get a duplicate license so he/she will have a backup in the future, in regards to "what would they have done about their travel plans and business meetings had they not got their ID back"

If that's the case "davidmcbeth" the DMV only allows you to have ONE ID in your possession at any given time, so that wouldn't have worked.

If that's not what he meant, then sorry, my bad.

 

[justalayman]

I think he meant for the OP to go get a duplicate license so he/she will have a backup in the future, in regards to "what would they have done about their travel plans and business meetings had they not got their ID back"

If that's the case "davidmcbeth" the DMV only allows you to have ONE ID in your possession at any given time, so that wouldn't have worked.

If that's not what he meant, then sorry, my bad.

the illegality of having multiple copies of your license was what I was getting to. It was craftily veiled in the question I asked.

 

[helloeveryone83]

New california i.d?

Hi!

Just came across this post. 'curious as to whether the original poster had one of the new counterfeit proof california ids? I looked so young for my age and when I was 21, you probably would have guessed I was 15. the older cal ids were so easy to fake so often bouncers believed I was carrying a fake and I wasn't surprised if they turned me away. I had them take it before only for it to be returned when the bar could authenticate it. the new id's are a great! they are entirely counterfeit proof and it's easier for bouncers to make sure they are legitimate. when you look young like myself it's so much easier for myself and the doorman. If you do look on the younger side, I suggest that you apply for a new cal license.

 

[Antigone*]

Hi!

Just came across this post. 'curious as to whether the original poster had one of the new counterfeit proof california ids? I looked so young for my age and when I was 21, you probably would have guessed I was 15. the older cal ids were so easy to fake so often bouncers believed I was carrying a fake and I wasn't surprised if they turned me away. I had them take it before only for it to be returned when the bar could authenticate it. the new id's are a great! they are entirely counterfeit proof and it's easier for bouncers to make sure they are legitimate. when you look young like myself it's so much easier for myself and the doorman. If you do look on the younger side, I suggest that you apply for a new cal license.

Please do not necropost. It is frowned upon in this forum.

 

[Lockstep]

Edit: frowned upon or not, this thread prompted me to register solely based on the fact that the most recent post was within the past day.

Hi!

Just came across this post. 'curious as to whether the original poster had one of the new counterfeit proof california ids? I looked so young for my age and when I was 21, you probably would have guessed I was 15. the older cal ids were so easy to fake so often bouncers believed I was carrying a fake and I wasn't surprised if they turned me away. I had them take it before only for it to be returned when the bar could authenticate it. the new id's are a great! they are entirely counterfeit proof and it's easier for bouncers to make sure they are legitimate. when you look young like myself it's so much easier for myself and the doorman. If you do look on the younger side, I suggest that you apply for a new cal license.

Yeah, I'm 21 now and for a while I basically had to deal with the misfortune of having an older (2008) California license. After enduring the hell that is my local DMV (and waiting 2 weeks) I'd got my renewal license in the mail today.

Not only does it look a lot nicer, but all the little details--magnetic strip on back, the bear, etc.--really authenticate it, and pertaining to it I'll ideally have no problems whatsoever in the future.