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Discussion Starter #1
This one should stir up some questions. Traffic stop, bike or car, officer ask for the "passenger" for ID. You comply or tell him to go, you know where. Why, just to check for warrants, nothing else, if you refuse to give ID a crime??
 

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Unless you plan on arresting him and have probable cause to believe that he has indeed committed a crime - or is about to - I believe you have absolutely no legal authority to do so...

He also has absolutely no reason to comply with such a request. I personally would tell you to take a flying f*** at a rolling doughnut. :D (but in a very pleasant way since you're wearing a gun)

I'm not an attorney but I have read the Fourth Amendment. ;)
 

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Sounds like Motorman has been making those bad stops again. You know John, some of those folks are prone to filing bogus complaints. Next thing you know, you're bent over the desk in IA and somebody gets promoted.

Sorry, couldn't resist.:D
 

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deanwoolsey said:
....Next thing you know, you're bent over the desk in IA and somebody gets promoted--AGAIN!....
Fixed it you yah.... :D

Due to the transitory nature of automobiles, the supreme court has allowed a wide latitude in matters dealing with them--including asking passengers for ID and removing all occupants from the vehicle, etc.

That being said, it is always prudent to use common sense when conducting stops and issuing citations. So unless I have a sneaking suspicion, and need to "talk" to a passenger, I won't ask for ID.
 

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jayjacobson said:
Fixed it you yah.... :D

Due to the transitory nature of automobiles, the supreme court has allowed a wide latitude in matters dealing with them--including asking passengers for ID and removing all occupants from the vehicle, etc.

That being said, it is always prudent to use common sense when conducting stops and issuing citations. So unless I have a sneaking suspicion, and need to "talk" to a passenger, I won't ask for ID.
Unless something has changed recently I would have to disagree... if you are talking about simply asking for ID's... obviously if you have reasonable cause it's a different can of worms:

Justices affirm passenger rights in police stops - Los Angeles Times
 

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Discussion Starter #7

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Discussion Starter #8
deanwoolsey said:
Sounds like Motorman has been making those bad stops again. You know John, some of those folks are prone to filing bogus complaints. Next thing you know, you're bent over the desk in IA and somebody gets promoted.

Sorry, couldn't resist.:D

That is awesome.........baaaaahaaaaa
 

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Discussion Starter #9
RonKMiller said:
Unless you plan on arresting him and have probable cause to believe that he has indeed committed a crime - or is about to - I believe you have absolutely no legal authority to do so...

He also has absolutely no reason to comply with such a request. I personally would tell you to take a flying f*** at a rolling doughnut. :D (but in a very pleasant way since you're wearing a gun)

I'm not an attorney but I have read the Fourth Amendment. ;)
That is way I see it too. I can ask all day, but you can tell me to pound sand, if I do not have anything on you. I do it anyway, get a lot of wanted persons that way.


The reason I question, was on a stop with another officer and asked if he checked the back seat passenger and he replied with, "They did not do anything can not asks". Did not want discuss law on the side of the road let it go.
 

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Remember the last one John. Be careful, that passenger might report you for NOT asking for ID and giving him a break :histerica
 

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OK, I'll bite. You can always ask. If he/she complies, fine. If not, whole 'nuther story. If you're clever, you'll figure a way to get it. If not, well, never mind.
 
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