Last updated on July 19th, 2024 at 01:40 pm
So your ID scanning software flagged an ID as fake. What do you do now?
When can a server seize a fake ID?
When a business identifies a fake ID, the first and most crucial step is to deny entry or service to the individual presenting the fraudulent identification. Politely and discreetly inform the patron that their ID appears to be fake or invalid, and that they cannot be accommodated. It is essential to handle the situation with professionalism and courtesy to avoid potential confrontations or conflicts. Businesses should have a clear and consistent policy in place for handling such incidents, ensuring that all staff members are aware of the protocol. However, whether or not a business, or employee of that business should seize the fake ID depends on state regulations.
Can a bartender or security guard legally take your ID?
It depends. See our list of state-by-state regulations below.
What if the individual maintains that their ID is real?
Depending on what type of software you use, you may have opportunities to escalate the examination of the ID.
- ID authentication can perform a deeper check on the ID, looking at holograms and watermarks to provide confidence in its legitimacy. If an ID is being flagged by a handheld ID scanner you may want to run it through your authentication station to see if the ID passes.
- Third party checks can also provide an additional layer of security. You can trigger an a la carte check inside VeriScan which will query the ID against data sources such as the DMV and social security administration. This will tell you if the information on the ID matches the information the issuing jurisdiction has on the individual.
- Some states (Idaho, North Dakota, Connecticut) allow patrons to sign a sworn affidavit saying they are of-age, which is then saved along with a photocopy of their ID. This can be used later as proof that your business did everything possible to verify age and identity before serving the guest.
Keep in mind that none of these checks will flag if an individual is using a real ID that belongs to someone else (an older sibling or friend). Your security team will need to visually check the ID photo and match it to the person presenting the ID to prevent usage of false IDs.
Should I confiscate a fake ID?
The table below provides state-by-state guidelines on whether or not it is legal to confiscate a fake ID.
Most states have a firm directive on whether a business is allowed to take the physical ID from the individual, and when and how to notify law enforcement.
| Alabama | You may not confiscate a fake ID |
| Alaska | Yes, licensees may confiscate false IDs and must turn the confiscated IDs over to law enforcement as soon as possible. |
| Arizona | You may confiscate a fake ID |
| Arkansas | You may not confiscate a fake ID |
| California | You may confiscate a fake ID but must provide a receipt to the individual who presented the document. You have 24 hours to remit the ID to law enforcement. |
| Colorado | Establishments in Colorado may confiscate false IDs. Contact the Colorado Liquor Enforcement Division or local government for the relevant statutes and information. |
| Connecticut | You may not confiscate a fake ID. Instead, a guest must sign a sworn statement that they are of-age, and have their ID photocopied, which can provide an affirmative defense if the business is charged with serving a minor. |
| Delaware | No guidelines |
| Florida | You may not confiscate a fake ID but you may notify law enforcement |
| Georgia | Licensees may confiscate false IDs if they report the confiscation to the local law enforcement. Consult Georgia statutes for specifics. |
| Hawaii | Yes, due to it being illegal for any minor to use a fake id or the identification of another person in an attempt to purchase liquor or to obtain employment to serve or sell liquor in a licensed establishment. |
| Idaho | Licensees may confiscate false IDs. After the ID is confiscated, it should be turned over to the ABC or a local law enforcement agency. |
| Illinois | You may, but are not required to, confiscate a fake ID |
| Indiana | You may not confiscate a fake ID. Instead, a guest must sign a sworn statement that they are of-age. |
| Iowa | You may confiscate a fake ID but must provide a receipt to the individual who presented the document. You have 24 hours to remit the ID to law enforcement. |
| Kansas | You may not confiscate a fake ID |
| Kentucky | Operators should confiscate fake ID’s and turn them over to local police. |
| Louisiana | No guidelines, but notifying law enforcement is recommended |
| Maine | Licensees may retain false IDs without liability. It must be for a reasonable period of time and the licensee must make a good faith effort to determine legal age. The holder of the ID must be informed of why the ID is being held. |
| Maryland | You may not confiscate a fake ID |
| Massachusetts | No guidelines |
| Michigan | Michigan authorizes licensees to confiscate IDs they recognize as false. Adulterated/fraudulent ID may be confiscated. Unadulterated ID should not be confiscated (ex. Minor purchasing with own ID). |
| Minnesota | A licensed retailer or municipal liquor store may seize an ID if the retailer or municipal liquor store has reasonable grounds to believe that it has been altered or falsified or is being used to violate any law. It must be delivered to a law enforcement agency within 24 hours of seizing it. |
| Mississippi | No guidelines |
| Missouri | You may confiscate a fake ID |
| Montana | You may confiscate a fake ID and turn it over to the local authorities unless their life is threatened. |
| Nebraska | You may confiscate a fake ID |
| Nevada | Regulated at the county level |
| New Hampshire | An ID recognized as false can be confiscated for a reasonable length of time to make a good faith effort to determine whether the person is of legal age of to notify law enforcement officials of a suspected violation of law. |
| New Jersey | May confiscate, but not required to take a suspected fake ID. Licensees and servers are cautioned to exercise caution. Has option to refuse service at any time to any person suspected of being under legal drinking age or intoxicated. |
| New Mexico | New Mexico affirms that an ID is personal property; if an establishment chooses to confiscate the document, it is their decision. |
| New York | You may not confiscate a fake ID but should notify law enforcement |
| North Carolina | Establishments may confiscate IDs they recognize as false. |
| North Dakota | You may not confiscate a fake ID. Instead a guest must sign a sworn statement that they are of-age. |
| Ohio | No guidelines |
| Oklahoma | You may confiscate a fake ID and notify law enforcement |
| Oregon | Yes and if DMV identification is used in misrepresentation, the minor’s driving privileges may be suspended for up to one year and/or the minor will have to wait for up to one year to apply for a driver’s license. |
| Pennsylvania | You may not confiscate a fake ID, and are instructed to contact law enforcement. |
| Rhode Island | You may confiscate a fake ID |
| South Carolina | No guidelines |
| South Dakota | No guidelines |
| Tennessee | You may not confiscate a fake ID but should notify the state ABC |
| Texas | No guidelines |
| Utah | No guidelines |
| Vermont | No guidelines |
| Virginia | You may not confiscate a fake ID but should notify the state ABC |
| Washington | You may not confiscate a fake ID |
| West Virginia | No guidelines |
| Wisconsin | 125.039 Civil liability exemption for retaining proofs of age. “No person who holds a license or permit and no employee of such a person is civilly liable for retaining a document presented as proof of age for a reasonable length of time in a good faith effort to determine whether the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of s. 125.085 (3) (a) or (b).” |
| Wyoming | No guidelines |
| Washington D.C. | Confiscation is not authorized by law it may be done by licensees |
Should I contact law enforcement when I catch a fake ID?
After denying entry or service, and upon seizing a fake ID, it is strongly recommended that the business promptly report the incident to local law enforcement. Providing authorities with the fake ID and any additional information about the individual can assist in tracking and addressing illegal activity.
Cooperation with law enforcement helps maintain public safety and may deter others from attempting to use counterfeit identification in the area. In some cases, local regulations may require businesses to report such incidents, and failure to do so can result in legal consequences for the establishment. This ensures there is an iron-clad paper trail showing your business is doing everything it can to avoid serving minors. It also helps law enforcement more effectively manage programs that combat the overall usage of fakes, and supports programs like grants for security technology and ID scanning.
When must a fake ID be turned over to law enforcement?
Some states mandate that confiscated IDs must be remitted to law enforcement, usually within a 24-hour period. However, in practice we find that most law enforcement agencies are more lax and are happy to receive stacks of IDs on a weekly or monthly basis. Typically, law enforcement is called when a customer becomes belligerent or aggressive after their fake ID is flagged or confiscated, or if a minor appears dangerously intoxicated. Consult your state regulations on when you should turn over fake IDs to law enforcement.
What to do with confiscated fake IDs?
IDScan.net is always happy to receive your fake IDs. We will test any IDs you collect free of charge. You can Contact us today to receive a pre-paid shipping label to send us your fake IDs.
