passenger ID during traffic stop?

[Suprtek]

What legal right, if any, does an officer have to ask for passenger ID during a traffic stop?

My wife just got stopped on her way home from picking up our daughter. Another officer had a vehicle stopped in the middle of the road near a downtown intersection. My wife slowed down, allowed plenty of room for the officer and went around on the right proceeding through the intersection. Because she was going so slow, the light went from yellow to red before she was completely clear of the intersection.

Technically, this means she ran the light. In my mind, it was a questionable call to make the stop in the first place, but that is not my issue.

While they were stopped, the officer asked for my daughters (passenger) ID, Asked lots of questions about where they were going, coming from etc. I wasn't there, but I was told he was rather disrespectful about it.

He ended up letting her go with a warning. If it had been me, I likely would have ended up getting the ticket because I would have respectfully refused to provide my daughters ID or answer any questions about my destination.

What say you?

 

[phylodog]

Unless the officer has reasonable suspicion to believe the passenger has committed a crime or infraction, he does not have the authority to demand identification from the passengers in the vehicle, only the driver who committed the infraction.

It is not unlawful for him to ask however. I have locked up many people with warrants who were passengers in a vehicle when I asked them for ID.

 

[rockhopper46038]

^^^That's pretty much my understanding of it, for what it's worth. And what it's worth probably ain't much.

 

[Bunnykid68]

Unless the officer has reasonable suspicion to believe the passenger has committed a crime or infraction, he does not have the authority to demand identification from the passengers in the vehicle, only the driver who committed the infraction.

It is not unlawful for him to ask however. I have locked up many people with warrants who were passengers in a vehicle when I asked them for ID.

OK, so it is not unlawful to ask, but is the passenger rquired to respond?

 

[Kick]

I have nothing of any value to contribute to this thread.

 

[Suprtek]

So if I were to refuse to provide my daughter's ID or answer questions unrelated to my traffic infraction and the officer then "demanded" the ID, what would you suggest I do?

(Hypothetical question, this did not occur)

 

[Glock18FA]

Same as you do when they ask to search your car without probable cause.....sand, go pound it.

 

[phylodog]

So if I were to refuse to provide my daughter's ID or answer questions unrelated to my traffic infraction and the officer then "demanded" the ID, what would you suggest I do?

(Hypothetical question, this did not occur)

I won't offer advice in this regard as what I would say will be sure to create controversy here.

You have the option of compliance or refusal to provide your daughter's ID or answer questions unrelated to the reason you were stopped. That choice is yours to make.

 

[Ogre]

hey, this is pretty cool, a thread about LEO's and it isn't heated or locked up... huh....

 

[Glock18FA]

If you use my approach, have the video on your phone rolling. Then I hope that the officers does his job correctly, recognizes what your rights are and terminates the fishing expedition.

Accountability, is for everyone in our society.

 

[tyrajam]

If you use my approach, have the video on your phone rolling. Then I hope that the officers does his job correctly, recognizes what your rights are and terminates the fishing expedition.

Accountability, is for everyone in our society.

If you use this approach, make sure you don't have the audio recording or you can be arrested AND prosecuted for illegal wiretapping. There are many, many examples of this exact thing happening all over the country. I would like to get more of our elected officials to take notice of this ridiculous, outdated law, we'll see.

 

[Ogre]

If you use this approach, make sure you don't have the audio recording or you can be arrested AND prosecuted for illegal wiretapping. There are many, many examples of this exact thing happening all over the country. I would like to get more of our elected officials to take notice of this ridiculous, outdated law, we'll see.

I didn't think that applied in IN in these circumstances.

 

[jedi]

If you use this approach, make sure you don't have the audio recording or you can be arrested AND prosecuted for illegal wiretapping. There are many, many examples of this exact thing happening all over the country. I would like to get more of our elected officials to take notice of this ridiculous, outdated law, we'll see.

Can you cite an IC for this?

My understanding was the in Indiana only ONE party needs to consent to audio recording. Since you are donig the recording (you are consenting). But again I don't have the IC either and am going off what I recall reading here.

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[4sarge]

If you use this approach, make sure you don't have the audio recording or you can be arrested AND prosecuted for illegal wiretapping. There are many, many examples of this exact thing happening all over the country. I would like to get more of our elected officials to take notice of this ridiculous, outdated law, we'll see.

BUT NOT in Indiana, One Party Consent State

 

[magic man]

Could the OP be charged with disobeying a lawful order if he didn't give is daughters ID? Or charged with hindering a police investigation or the equivalent in Indiana if he were to not answer questions about where he was coming from and going to?

 

[jeremy]

tag

 

[Glock18FA]

Could the OP be charged with disobeying a lawful order if he didn't give is daughters ID? Or charged with hindering a police investigation or the equivalent in Indiana if he were to not answer questions about where he was coming from and going to?

You have the option of compliance or refusal to provide your daughter's ID or answer questions unrelated to the reason you were stopped. That choice is yours to make.

Phylodog is a police officer.

 

[Glock18FA]

If you use this approach, make sure you don't have the audio recording or you can be arrested AND prosecuted for illegal wiretapping. There are many, many examples of this exact thing happening all over the country. I would like to get more of our elected officials to take notice of this ridiculous, outdated law, we'll see.

You are mistaken when it comes to Indiana's laws.

 

[magic man]

I won't offer advice in this regard as what I would say will be sure to create controversy here.

You have the option of compliance or refusal to provide your daughter's ID or answer questions unrelated to the reason you were stopped. That choice is yours to make.

Phylodog is a police officer.

Thanks for quoting that. I guess I missed the last paragraph of his post.

 

[indykid]

I wonder the possibility that there is a person of your daughter's age reported missing and this officer had reason to believe that your daughter might be that person? Just a thought.