Police identity checks: what you must carry and what to expect

Key rules

• Documents: Foreigners must be able to show a passport, TIE or EU registration certificate, and the original is expected.
• Station limit: If you cannot or will not identify yourself, police can take you to a station for the time strictly necessary, never more than 6 hours.
• Grounds: Officers need a reason to ask, and the check must be proportionate and not based only on your appearance.
• Refusal: Refusing to identify yourself can lead to a fine.

What to carry

Carry your passport or your TIE whenever you go out. If you are an EU citizen registered in Spain, carry your registration certificate or card instead. The original is what officers expect. The documents list below shows the exact papers for each situation.

A photocopy of a passport is generally not accepted as a substitute. In practice, some officers accept other proof when the original is at home and then check it at a station, but this varies from officer to officer. Do not count on it.

Keep photos or copies of your passport, visa and application receipts in a separate place. They help if the originals are lost, but they do not replace the originals.

When police can ask for ID

Officers can ask you to identify yourself in two main cases:

• There are signs that you may have taken part in an offence.
• It is reasonably necessary to prevent a crime or to carry out public security duties.

The request must be proportionate and respectful, and it must not be based only on your appearance. If it is not clear why you were stopped, you can politely ask. Officers should use the least intrusive way to identify you, usually just looking at your documents on the spot.

If you cannot or will not identify yourself

Police can take you to the nearest police premises to identify you. They can keep you there for the time strictly necessary, never more than 6 hours. A record must be kept, and you have the right to have your stay noted.

Refusing to identify yourself when you are lawfully asked can also bring a fine. Fines for this are in the minor range, roughly 100 to 600 euros. Showing your papers calmly is almost always the easier route.

If your papers are expired or pending

Carry your passport together with the paperwork that shows your status, such as the receipt for your application and your expired card. Officers can then see that you have applied and are in the process. The what-if box below covers the common cases, and the checklist gives the short version of what to carry and say.

Documents you need

• Your passport or travel document, if you are a foreigner in Spain. Your home country issues it. Carry the original.

• Your TIE (the foreigner identity card), if you have one. Spanish immigration authorities issue it. It can be carried instead of the passport. Carry the original.

• The EU registration certificate or card, if you are an EU citizen registered in Spain. Carry the original.

• Your DNI (the Spanish national identity card), if you are a Spanish national aged 14 or over. Show it when police ask.

What to carry and say if police ask for your papers

If police ask for your papers

• Carry your passport or your TIE (the foreigner identity card) every time you go out.

• If your TIE is pending, carry the passport, the resguardo (the receipt for your application) and your expired card if you have one.

• If your TIE was lost or stolen, carry the passport, the police report (denuncia) and the receipt for your duplicate application.

• Stay calm, stop when asked and hand over your documents without arguing.

• Answer questions about who you are and show proof of your status; you do not have to discuss anything else.

• Ask politely why you were stopped if it is not clear, because a check based only on your appearance is not allowed.

• If officers say they will take you to the station to identify you, ask how long it will take; it can be only as long as strictly necessary and never more than 6 hours.

• If you are told you face a fine or expulsion, do not sign anything you do not understand and ask for a lawyer and an interpreter.

• Write down the officers' badge numbers, the place, the time and what was said as soon as you can.

• If your TIE is close to expiry, book an appointment to renew it, which you can request from 60 days before expiry up to 90 days after.

Officers sometimes handle pending papers differently, so check what your local Extranjería office advises for your case.

What to watch out for

• Refusing to identify yourself can take you to a station: If you cannot or will not identify yourself, police can ask you to go with them to the nearest police premises. They can keep you only for the time strictly necessary, never more than 6 hours. They must keep a record, and you can ask for your stay to be noted. Show your passport or TIE when asked. If you have no papers on you, say where they are and give your details calmly.

• A refusal can bring a fine: Refusing to identify yourself when lawfully asked, or disobeying officers, can bring a fine in the minor range of about 100 to 600 euros. Cooperate with the identity check. If you think it was unfair, challenge the fine afterwards instead of arguing on the spot.

What if police stop you with an expired or pending TIE?

Carry your passport and your proof that the renewal or application is in progress. Police can ask for both.

What to carry

• Renewal pending: your passport, the expired TIE and the resguardo (the receipt for your renewal application). Together they show you are still lawfully in Spain. If you filed on time, your stay is extended while the application is processed, for up to 3 months after the card expires.
• First TIE pending: your passport with the visa in it, plus the receipt or appointment confirmation for your application.
• TIE lost or stolen: your passport, the denuncia (the police report you file for the loss) and the receipt for your duplicate application. Report the loss to the police first, then book an appointment (cita previa) to apply for the duplicate.

Keep the originals on you, not only photos. Some officers insist on the original documents, and practice varies from place to place.

What officers can do

• Ask for ID and check your status. Police can check your immigration status during a lawful identity check. A check based only on how you look is not allowed.
• Accept your proof and let you go. With a passport and valid proof that your application is pending, this is the normal outcome.
• Treat you as being in Spain without valid status. Without proof, this is a serious infraction. The usual penalty is a fine, which ranges from 501 to 10,000 euros. Expulsion is possible only when there are aggravating factors. Fine and expulsion are alternatives, and an expulsion needs a proportionality assessment, so it is not automatic.
• Hold you in an immigration detention centre (CIE). This needs a judge's authorisation and lasts at most 60 days. It is not an automatic result of a stop.

If you have no proof with you

Say clearly that your renewal or application is in progress, and say where the documents are. Ask to show them as soon as you can, and get legal advice if you are given any paperwork to sign or a notice of proceedings.

Avoid the problem

Apply for renewal from 60 days before expiry. You can apply up to 90 days after expiry, but a late application can bring a fine. Fees and procedures change, so confirm the current steps with your local immigration office (Extranjería).

Frequently asked questions

Will police accept a photocopy of my passport?

Usually no, because the original passport or TIE is what you are expected to carry. In practice some officers accept other proof when the original is at home and check it at a station. Do not count on this.

When can police ask me for identification?

Police can ask for identification when there are signs you may have taken part in an offence, or when it is reasonably necessary to prevent a crime or protect public security. The request must be proportionate, non-discriminatory and respectful.

Can I be fined for refusing to identify myself?

Yes, refusing to identify yourself when lawfully asked can bring a fine, usually in the minor range of about 100 to 600 euros. This is most likely when your refusal gets in the way of police work. Disobeying officers can also be fined as a minor offence.