Leader

Collapse

Announcement

Collapse
No announcement yet.

During traffic stop, why ask for pass. ID?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • During traffic stop, why ask for pass. ID?

    During a normal traffic stop, be it for going 10 over the limit or defective equipment, why is the passenger asked for their ID?

    Does the passenger have the right to refuse showing anything?

    I live in Michigan.

    Jim

  • #2
    Im not a cop, but I do know this from my street law classes. A police officer may ask for the ID of any passenger for any reason, but the passenger does not have to comply unless they themselves have committed an act against the law, it is just polite to comply with the officer in most cases and will sometimes provide leniency to the driver if the offense is not too bad, it just shows that you are willing to fully cooperate. again, no, the officer cannot force the passenger to show ID. However, if there are certain circumstances, that im leaving out, please chime in.
    Jim D

    Comment


    • #3
      Originally posted by Jmac572
      ... again, no, the officer cannot force the passenger to show ID...

      Correct, only the driver has to produce his license here in MI.
      Officer Down Memorial Page

      Comment


      • #4
        As the previous post stated you may not have to show your id, but many times you may be required to show id. If you are in violation of a traffic law (no seat belt), or in some states depending on the circumstances of the stop. If the officer is investigating why the vehicle and passangers are in a certain area or engaged in the activity they are engaged in (lotering and prowling). Each state will be differant.

        Comment


        • #5
          Pacman:

          I understand there can be different senario's where the passenger has to surrender ID. Thats why I stated the stop was for going 10 over or defective equipment.

          Jim

          Comment


          • #6
            I can only speak for TX, but a traffic stop is the same whether it is 10 over the prima facie speed limit or thirty over, or for defective equipment and so forth.
            If you knew you would fight for you life tomorrow, would you change the way you trained today?

            Comment


            • #7
              Here in WI I believe our laws on this are pretty similar to MI's. I can ASK anyone for ID, but they have to have committed some offense for me to DEMAND it (Terry stops excepted). The most common for me is the seat belt violation -- I can't stop anyone for not wearing their seatbelt (in WI it's a secondary offense only), but once I stop them for something else, everyone in the car not wearing one is technically in violation of the law. That means I can insist on ID. So, if you don't wear your seatbelt to save your life, wear it so you can go tell the cop to pound sand.
              Caution and worry never accomplished anything.

              Comment


              • #8
                That sux, Kirch. In TX we can stop a vehicle if we observe ANYBODY not wearing a safety belt.

                The slogan is, "Click it or ticket, you pick it."
                If you knew you would fight for you life tomorrow, would you change the way you trained today?

                Comment


                • #9
                  Every state is different but most of them follow similar rules. I am not restricted to only speaking to or identifying persons who have just committed a crime. I speak to dozens of people every day that are required to provide me with their information during my regular duties but have not just committed a crime. In a traffic stop situation you are in an investigative mode. You have the suspicion that a crime just occurred, is going to occur, or is occurring right now. In order to find out if your suspicion is right you collect evidence, speak to the offender, the victim and any witnesses. A passenger in a speeding car is a potential witness to the crime. And during your investigation you are required to identify any witnesses to the crime and bring forth their information before the State as part of your case against the defendant. Depending on the situation you could be charged with obstructing for not identifying yourself or the cop could just ignore you when you tell him to take a hike for asking you what your name is. Every state is different. Your best bet for a solid answer would be to ask your local County Attorneys office. Not all of us bother with passengers but some of us do.

                  But then, what do you have to hide that you have a problem telling a LE Officer what your name is. Just because you may have the right to do something doesn

                  Comment


                  • #10
                    Originally posted by Pedalin'Cop
                    The slogan is, "Click it or ticket, you pick it."
                    Catchy...
                    Press Hard, Five Copies!
                    Never pet a burning dog!

                    Comment


                    • #11
                      Originally posted by Deadman
                      Catchy...
                      Heh..Nice Here in milwaukie It's just "Click it, or ticket." Were not that creative to come up with the "You pick it " part
                      Last edited by OregonDirtbiker; 01-06-2004, 03:04 PM.
                      “The Blue Book says we've got to go out and it doesn't say a damn thing about having to come back.”

                      -Captain Patrick Etheridge, U.S Life Saving Service

                      Comment


                      • #12
                        I think in Mi. you can also stop someone for not wearing seatbelts. I wear mine, so I dont worry about it.

                        The question of " If you have done nothing wrong, why worry about telling the officer your name " does not hold water. If your going to use that senario, then why do you read a person their rights? Because ANYTHING I say can and will be used against me in a court of law. I do NOT volunteer any information, that is my right. I was not the person who was pulled over for speeding, nor was I driving the vehicle that had a turn signal bulb out. There is NO other VALID reason a LEO can come up with why they need my info at that point.

                        I had a LEO here email me and say he wants to know who everyone is (that he is dealing with) at a traffic stop. Why? Fear the passenger could be a mass murderer? Then why wouldnt you check the ID's of every person you come in contact with during the day. The gal that just sold you a coffee at the 7-11, the guy who served you your lunch at SubWay, the guy who sold you a pack of gum at the gas station. Each one of these person's are capable of causing you great harm, if they wanted too. All of these persons are JUST as dangerous as the passenger in a car, if not more so. The passenger isnt going to be able to sneak up behind you so easily. Get my point?

                        I do agree, if the car I was riding in was the same as one that just robbed a bank, I'm going to be showing my ID ( while I'm flat on my face..lol ). If I was loitering in an area known for drug dealing, then there is a reasonable suspicion that I am a drug dealer or buyer, and you need my info. These kind of senario's I agree with you 100%. But if I'm just a passenger in a car with a loud muffler, please leave me be, and respect my rights.

                        Comment


                        • #13
                          Originally posted by JimRoss
                          ...I think in Mi. you can also stop someone for not wearing seatbelts...

                          True. An officer no longer needs an additional violation (ie. speed, illegal turn, etc) to make a stop.
                          Officer Down Memorial Page

                          Comment


                          • #14
                            Okay, I think somebody sees little black helicopters circling overhead.

                            Kristen

                            Comment


                            • #15
                              "During traffic stop, why ask for pass. ID?"

                              To see if they are wanted. If they give it to me, I will run it. If they don't give me it and I have no cause, I am out of luck.

                              K9

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 8294 users online. 417 members and 7877 guests.

                              Most users ever online was 19,482 at 12:44 PM on 09-29-2011.

                              Welcome Ad

                              Collapse
                              Working...
                              X