[ARCHIVED THREAD] - cops asking for identification (Page 1 of 2)
Posted: 6/29/2006 12:18:03 PM EDT
| So. If you are a passenger in a vehicle that is pulled over, are you required to provide the cop with your ID if he asks for it? |
Required, no. But there is a good reason for the cops to ask. The passenger is a witness to whatever crime the driver is being cited or arrested for. If the cop does not identify the passengers in the vehicle then the driver can show up in court with whoever he wants claiming they were in the car and witnesses. |
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Thats a broad reaching question. Basically, if he has a right to ask, you have an obligation to answer truthfully. How will you know if he has the right to ask ? Where were you, what were you doing, what has been happening in that area(as far as criminal acts ), who your with...lots and lots to factor in. But honestly....what's it gonna hurt to smile, be polite, answer , then be on your way in a few minutes. Assuming you haven't done anything wrong. |
| Your identification does not actually belong to you. It is state property. You are required, by law, to present that identification to any law enforcement officer that requests it at any time. At least that is what My experience tells me, and as a CDL holder, I am extremely concientious about laws that affect my CDL. |
| yeah, don't listen to these people b.c. it varies from state to state. TX you are not obligated to unless you commit a crime in his/her presence. IE not wearing your seatbelt, have pot in your lap etc. Now he/she can ask you questions and piss you off to the point that they say that you are being hostile and then have you step out and get your DL> |
But where does the law say that you have to carry it if you are not driving? |
My nomination for: "Best use of images in a thread" Award for 6/29/06 |
good answer using team cheering voice. But there is no good reason not to tell themif you have nothing to hide. Hmmmmmmmm so whatcha hiding? 
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| I was with a buddy last week when I was asked for my ID. He was pulled over for suspicion of DUI and we had had a few beers. I complied because I didn't want to puch the cops buttons by asking him why he needed my ID. Buddy was sober and we were free to go. I just wondered if I HAD to show it to him. |
In that case, probally not. But IMHO you did the right thing. Wish they would all go that smooth......don't you ? 
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I've been told by non reliable soruces that in the Commonwealth of VA all serfs are required to carry their papers on them at all times, regardless of what your doing. I would not be stupid enough to question a request if I am in CCW mode or am driving my car, but if I ever find my self at the oceanfront doing the "toruist" thing and asked for ID I'll say something to the effect I don't have it on me. Of course I'll do that in a German acent and throw in a few meaningless German phrases.( The beach cops only like to harrass the locals and let the "foreigners" get a free ride. ) |
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 Did you do the Jedi hand wave? |
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That was retarted. |
Oh come on, that was awsome. |
The Supreme Court ruled on this a year or so ago. A person is under no general obligation to carry identification. Drivers and concealed weapons license holders, etc, are required. But lacking a specific reason to carry, a person is not required to carry ID. I believe the court ruling held that unless the officer has specific reasons for asking passengers in a vehicle for ID, that they cannot just randomly do so. I will look at up and post it here. But remember, saying a police officer CAN"T do something is for arguing in court, not on the street. |
 That video is destined to float around here forever!
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Not entirely true. If you are a witness to a crime--he can request ID. If you are stopped under "reasonable supicion"--i.e. you are found in a dark alley, at night, behind a store that has been burglarized multiple times... If you are a passenger in a vehicle--as noted, and the driver was stopped for possible DUI--the officer might ask for your ID so that he can allow you, a licensed driver with no crimnal record, to take drunk boy home instead of officer having to take drunk boy to jail. Sure, do your buddy a favor and say no. pato |
Very true, but what if you just tell the LEO you don't have your ID with you? I don't think he's going to Rodney King your ass just for that(well the Beach cops might if your a local.) |
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One of the biggest go-rounds I ever had with the LEO community years ago was over WHAT constituted an OK ID. I handed the cop a Merchant Seaman's document(Z-card) and he demanded a driver's license. I wasn't driving. I refused. Then I handed him my PASSPORT. No dice. He wanted a driver's license. Again, I wasn't driving. I handed him my CCW, again, no dice. He bawled "I want to see your driver's license." "How does it feel to want?" I shot back. "You wanted an ID, I gave you three. Stop whining." Before he could answer, the entire tug crew I was with started in on the asshole. Hoots, jeers and "All you're getting from me is my seaman's papers, Buster!" It was a carnival. Had I been alone, I'd have been beaten senseless and charged with assault, but I was the guy riding shotgun in a van containing an entire tugboat crew that was pretty pissed off anyway. The thing I couldn't figger out is why the idiot didn't call for some kind of back up. OTOH, whadda ya expect from Jersey? |
Lets say you are a passenger and leaving a bar. You are drunk....in....public. You could show your ID and still arrive home safely, or go to the jail because you are drunk in public, and they don't know what to know to write on the ticket, since you won't show ID. Have I seen this happen? Yes. Lets say all of the occupants are hispanic. Nobody wants to show ID. Border Patrol is rolling up. Guess what happens if you don't show ID? I have seen this happen too. There are many scenarios you might be surrounded by, such as looking EXACTLY like a felony suspect they are seeking. Showing ID will get you on your way. Not doing so might get you a taser ride if you don't want to get out of the car. Plan accordingly. 
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hiibel case case law. read it, know it, let it become a part of you. name and DOB is all I need--I can run you on that and get the rest. if you lie--I will know it shortly. pato |
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Yes, I was correct. He asked about a passenger in a vehicle; not some guy walking down the alley. |
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All I know is I have had MANY run in with the law and everytime I nice and considerate they are cool with me. Fort Smith Arkansas being the coolest. Few months ago I got busted by 3 patrol cars doing around 55 or so in a 35 in my wife's 350Z with my wife in the car also drunk I admit it and was swearving. I gave the cop insurance ID and then failed ALL tests except blowing in the breathalizer, I just won't give them that evidence. He pulled the handcuffs out. I swear I said NICELY "You do not want to take me to jail, then you and I have to how up in courst and I will fight this. Give me 1 call on my phone and I will have omeone here in 5 minutes" He said "You got 15 minutes" BAM! I got to go home when our ride came. Now you think if I would have given him crap he would have let me go? |
What century do you live in? The 20th? Not since probably the mid 80's have people been given a pass on DUI. I have NEVER heard of anyone being stopped since I've been driving, been proven drunk, and had the cops let his buddy take him home. Of course I also don't live in the sticks. Maybe there you get a little more slack. |
Me too.......note to self!
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YOU ARE WAY WRONG! Myself got pulled over with drunk Friend leaving Lake Texhoma he has NO ID and two DWI's on record with no lisense and they let HIM drive us home. BTW he had NO ID on him. We also had a number of emptys and open containers in the truck. |
Many of the evidence-gathering coordination tests for FST are hard to pass sober. They are used to generate reasonable suspicion and additional evidence to support the implied consent blood, breath, or urine test. He failed the coordination tests, that doesn't make him drunk, or impaired.  I wrote this because of the other post, but this post, driving drunk boy home......most places if you can get a ride, you won't go to jail. You STILL GET THE DEUCE (502).
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The police can ask for anything they want. but they may not demand it except under specific circumstances. |
Fan the flames by writing that you live on 1234 Copkiller Lane 
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There are 23 cops asigned to my patrol area. 4 or 5 of us agressively enforce DUI arrests. the rest wont make a DUI arrest unless they have too. meaning you crashed your car and the other driver or witnessess are screaming "he's drunk, arnt you going to arrest him." DUI arrests are one of the most complicated arrests reports a patrol officer can write. Between the crime report, booking paperwork, DMV forms and evidence paperwork its a stack of paperwork about three times as high as your average felony arrest, and its for a cite and release misdemeanr that is essentially a expensive traffic ticket. DUI is also the most contested charge because its the one criminal offense that brings otherwidse law abiding people into the court system. So you can bet you'll be going to court on your day off a few time for prelims and jury trials, plus the DMV hearing. DUI enforcement is a professional and personal burdon on the cops because they take alot of time both on an off duty to see all the way through. For those reasons a lot of cops simply wont do them unless they have to. |
Please delete your post. This thread is for bitching about "the man". No accurate information is permitted. |
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Next, when the popo and some cracker in a black robe decide that we all need our names tatooed on our asses, then we will have to put up with that also. Frikken ridiculous. Every damn one of them comes up with some bullshit story about a case that was way easier for them if they only knew one litlle piece of evidence. Hiibel cases....in a truck? Registered? with plates? Run the plates, if he says that ain't his name then run the case. Don't sit there and banter back and forth on your authoritay and some citizen who is disobeying your orders. ORDERS? When did the police become givers of orders? |
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Chances are good that you have the perfect right (but since you're typing on a computer, have too much sense) to tell him to FOAD. This will throw his antennae up, quite reasonably. Why? 1. Most people say "Sure, officer. What's the problem?" 2. You are hiding something, and to somebody who hunts BGs for a living, hiding smells the way beefsteak smells to a dog. 3. His name is on his chest, maybe on the side of his car. You know his name, where he works, what shift, and about how much money he makes, so he thinks "WTF is this guy's problem?" The problem is this: if this one of the ~<40% of the time that the officer has the power to demand ID from a guy who thinks it's none of his business, you have just fucked up, and the officer can haul your ass to jail if he wants to. Prudence would dictate that if you don't wish to ID yourself, you either say no more than (very politely) "I value my privacy. Will I be breaking the law if I decline?" or work hard on your clairvoyance. It may just be that there's a suspect about whom no more is known than that he's your color, about your age, your size, has hair like yours, is within 3 blocks of you, is named "Mike Smith," and just killed a baby. Then it's the officer's call whether to ask for ID or throw you to the ground and whip your ass. |
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In Hiibel the cops, the legislature, and the 9 Midwives of the next revolution, in solemn court assembled, proved themselves as fucked up as a football bat. The officer witnessed no crime. Hiibel was "checked" from the egregious wickedness of keeping his mouth shut and declining to give the authorities the information they wanted. People will burn in Hell over that case. |