I GOT PULLED OVER FOR SPEEDING BUT THEY ALSO ASKED MY PASSENGER FOR HIS ID DOES HE HAVE TO SHOW IT WHAT IS THE LAW AND WERE
2007-07-14 16:05:56 · 13 answers · asked by GOLDIE 2 in Politics & Government ➔ Law Enforcement & Police
He has to provide the officer with his name and DOB if not his ID.
2007-07-14 16:36:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I used to ID the passenger if possible. I would usually look for an infraction like a seat belt not being worn in order to force him to provide ID. If there was no probable cause (i.e. an infraction) then I could not force him to provide ID. The reason you want an ID from the passenger is because the passenger is often the one with the warrant out and is the passenger just in case the car gets pulled over.
That was AZ, I don't know about how other states do it. I would imagine it is probably pretty similar.
2007-07-14 16:11:52 · answer #2 · answered by Anonymous · 1⤊ 1⤋
He took your ID because you gave it to him. The courts have ruled that during a vehicle stop, everyone in the car is seized. If youre the passenger of a car that is stopped, you do not have the right to simply get out of the car and walk away. However, you are not required to produce ID unless you are the driver, and then you must present not just any ID, but specifically a license to drive of some kind. It is ok for the officer to ask for your ID. The officer is not acting outside his or her authority to make such a request. It does not violate your rights, and in most cases, since youre a law abiding citizen, it does you no harm to comply with his request. If you don't produce an ID upon request the the officer cannot compel you to do so. As far as I know, only legally visiting aliens are required to carry ID.
2016-05-17 23:34:24 · answer #3 · answered by estelle 3 · 0⤊ 0⤋
I think there was supreme court decision saying evidence collected in traffic stop cannot be used against passenger in the vehicle. Now, that's evidence for crimes(drugs, guns...etc). But I don't know about simple ID check on passengers. I would guess ID check is something routine and probably don't cross any lines.
2007-07-14 16:37:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
"What law says the officer can do that?"
This one: Brendlin vs. California (2007) United States Supreme Court.
Held: When police make a traffic stop, a passenger in the car, like the driver, is seized for Fourth Amendment purposes and so may challenge the stop’s constitutionality. Pp. 4–13
My interpretation is, if the passenger is lawfully detained, as they now are per federal case law, I can ask for identification.
Yes, he has to show his ID, or give his correct name and date of birth, if he gives false information, he can be arrested pursuant to 31 CVC, or 148.9 PC; False Information to a Peace Officer
2007-07-14 17:05:11 · answer #5 · answered by trueblue3167 4 · 2⤊ 0⤋
Yeah,
Depends on your jurisdiction.
Also, depends on the officer's reason for requesting the identification. If the passenger looks like someone there is a warrant out on (for example) then the passenger can be detained.
2007-07-14 16:21:13 · answer #6 · answered by El Scott 7 · 0⤊ 0⤋
The best thing to do, prove who you are BUT get your pen and paper out and ID the police officer, name on badge, badge number you might even get out and write down the plate number on the car he was driving, There have been several cases here in Texas where the "cop" doing the questioning was not a cop but an impostor
2007-07-14 16:23:43 · answer #7 · answered by John P 6 · 0⤊ 0⤋
Depends on the law in your state. My state says that any person asked to identify him/her self to the police must do so. Whether it is an ID or just name and date of birth.
2007-07-14 16:09:45 · answer #8 · answered by Coach 6 · 0⤊ 0⤋
Yes, the police can check the identities of anyone present as part of their normal investigative procedures, in order to determine if anyone present is a threat or has an outstanding warrant.
That authority has been repeatedly upheld by courts.
If you want a specific legal citation, you need to speak to an attorney licensed in your state. Laws vary by state.
2007-07-14 16:23:10 · answer #9 · answered by coragryph 7 · 0⤊ 0⤋
Again, like the first guy said, depends on where this happened. In Canada, there's a section in the Criminal Code called "Failure to identify." So, it would be criminally illegal to refuse to identify yourself to a peace officer.
2007-07-14 16:15:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋
You have to show ID to any law enforcement agent that asks for it. They can ask for no reason.
You can be charged for vagrancy if you don't have any, and for obstruction of justice if you refuse.
I know from experience.
2007-07-14 16:19:34 · answer #11 · answered by Anonymous · 0⤊ 0⤋