Cop's language was fuzzy but they were right in principle and you were mistaken. You have right to not carry ID. But if you broke law and they can't readily ID you, they have right to hold you till arraignment for belief of citable offense.
There are a sequence of laws resulting in you locked up (not exactly arrest, but held, same difference to you in the moment) if not carrying ID (you did), doing citable offense (you did).
1. If NYC cops suspect you of citable offense, felony or misdemeanor, they have right to stop you and demand you identify yourself:
2. Next step is, if you are going to be cited (the cop's discretion, so de-escalate first) then if they can't verify your ID, they can take you in till identified. Also true in many states, here's how Colorado sheriff puts it about cyclists:
"Another warning – When issuing a citation for a violation, if we can’t verify the identification of the cyclist, they WILL be taken to jail pending identification and their bicycles impounded. This isn’t a threat. Its the way we operate."
In practice, if you might screw up to level of risking citation, your trade off is carry ID or donate your time:
"It's not against the law, of course, to be out on New York's streets without identification--but the courts can detain people without identification in jail until their arraignment in lieu of issuing them a summons."
There are a sequence of laws resulting in you locked up (not exactly arrest, but held, same difference to you in the moment) if not carrying ID (you did), doing citable offense (you did).
1. If NYC cops suspect you of citable offense, felony or misdemeanor, they have right to stop you and demand you identify yourself:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAW...
2. Next step is, if you are going to be cited (the cop's discretion, so de-escalate first) then if they can't verify your ID, they can take you in till identified. Also true in many states, here's how Colorado sheriff puts it about cyclists:
"Another warning – When issuing a citation for a violation, if we can’t verify the identification of the cyclist, they WILL be taken to jail pending identification and their bicycles impounded. This isn’t a threat. Its the way we operate."
http://www.bicyclelaw.com/articles/a.cfm/legally-speaking-yo...
TL;DR:
In practice, if you might screw up to level of risking citation, your trade off is carry ID or donate your time:
"It's not against the law, of course, to be out on New York's streets without identification--but the courts can detain people without identification in jail until their arraignment in lieu of issuing them a summons."
http://news.yahoo.com/blogs/lookout/york-city-cop-imprisons-...