Xjyuk

Background: I read a Reddit thread where someone had an international passport confiscated from them at a bar. I imagine that the bouncer probably didn't recognize what he was looking at and assumed it was a fake ID.

From what I understand, the bar does not have the authority to confiscate such a real passport, but that got me to thinking, what if the Bouncer was right? Does he actually have the legal authority to confiscate the fake ID?

The reason I ask, is because if he does have that authority, it feels to me like an awkward law, because a simple gap in knowledge can be what makes the difference between legal and illegal.

There are a couple of indications that a bouncer may not confiscate an ID. This policy document adopting licensing policies to

Require licensees with fake ID violations to temporarily or
permanently hire on-site law enforcement or certified security guards
who are properly trained to check IDsduring regular or peak hours to
deter the use of fake IDsand give gatekeepers the opportunity to pass
suspected fakes to an officer or guard for a second opinion and
potential confiscation. Where appropriate, jurisdictions could empower
the gatekeeper to confiscate fake IDs so they are not returned to the
underage drinker and sent back into circulation. To ensure compliance
with legal issues (e.g., property rights, bailment issues), arrange
for the on-call or on-site presence of local law enforcement. Local
bar and restaurant associations, especially those in concentrated
entertainment zones, can join together to share the expense of law
enforcement resources.

That implies that the bouncer does not already have that authority, and also indicates that the confiscation should be performed by police. This bouncer training manual says that

Even though you may consider the ID to be fake, it is not considered
the server's property. Therefore servers and sellers should not
confiscate IDs they suspect to be fake. Rather... follow up with a
call to the police to verify suspected false IDs.

However, a jurisdiction may grant servers that power, as in the case of Colorado. Washington doesn't do that, so bouncers would need to call the police (not that they always do, since passing a fake ID is somewhere between a misdemeanor and a felony). The general principle is that you may not confiscate another person's property, but the police can seize property if it is reasonable to do so. A state may pass a law authorizing a licensee to do likewise (though it does raise questions about the bouncer's understanding of "reasonable cause to believe"). The Colorado statute is restricted to licensee and their employees, and does not apply to "anyone who suspects an ID", nor does it allow civilian confiscation of other property such as an automobile that is suspected of being stolen

It depends on the situation. The bouncer can take the fake ID long enough to call the police, since the person is committing a crime and it can be reported.

The police would then decide what to do with it. If you are saying you don't feel the establishment should be able to take your belongings, they are just holding them until the police arrive to investigate.