passenger ID during traffic stop?

[jeremy]

There is a reason I have a Lawyer on speed dial in my phone...

 

[mrjarrell]

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 I would like to get more of our elected officials to take notice of this ridiculous, outdated law, we'll see.

That's not true in Indiana. This is a single party state and you are free to record however you please.

 

[Kirk Freeman]

That's not true in Indiana. This is a single party state and you are free to record however you please

Weeeeelllllll, not exactly "however you please". (The neighbor's wife may object to someone around the windows with a camera--"but, but, officer, this guy on the Internet said I could do it however I please.").

The case you want to read is Starr v. State of Indiana:

http://www.in.gov/judiciary/opinions/pdf/06221001lmb.pdf

 

[Kirk Freeman]

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

Oh, he can ask but all I'm going to do is make kissy-face nosies at him or her. Indeed, in the Starr opinion the Court of Appeals writes that most people will just give the cop what he asks for. Most people talk too much on stops anywho (nervous).

They can ask me, the passenger, for my ID, ask where I'm going, what my sign is, what my favorite sushi is, who is the hottest Hollywood actress, whatever, but I don't have to answer.

Just look at him and smile . . . kissy-face is optional.

 

[Suprtek]

I was wondering, as someone mentioned earlier, if I could be charged with anything for refusing even if it was an unlawful demand. If an officer chooses to detain me for refusing his order, lawful or not, I obviously can't just drive off.

 

[E5RANGER375]

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)

ask for a supervisor and make sure your tape recorder is already recording.

 

[Kick]

ask for a supervisor and make sure your tape recorder is already recording.

I see a good deal of comments on here regarding "recorders". I just want to be sure that we are all aware that if we cross the state line into Illinois, it is illegal to record a Police Officer without his/her consent. It is very hard to understand that by simply reading the statute but, you are just going to have to trust me on this.

The following quote is of the original statute taken from Illinois General Assembly Home Page

(720 ILCS 5/14‑2) (from Ch. 38, par. 14‑2)
Sec. 14‑2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he:
(1) Knowingly and intentionally uses an eavesdropping device for the purpose of hearing or recording all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) with the consent of all of the parties to such conversation or electronic communication or (B) in accordance with Article 108A or Article 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended;

If anyone wants to read the full statute, it can be found at the Illinois General Assembly's site

720*ILCS*5/*Criminal Code of 1961. <--- Link

and if you want to do your own research, it is often referred to as the "Eavesdropping Act"

EDIT: and for those of you wondering how citizens let this happen, some people are in the process of trying to fight it:
ACLU challenges Illinois eavesdropping act - Chicago Breaking News <--- Link

 

[Rookie]

Oh, he can ask but all I'm going to do is make kissy-face nosies at him or her. Indeed, in the Starr opinion the Court of Appeals writes that most people will just give the cop what he asks for. Most people talk too much on stops anywho (nervous).

They can ask me, the passenger, for my ID, ask where I'm going, what my sign is, what my favorite sushi is, who is the hottest Hollywood actress, whatever, but I don't have to answer.

Just look at him and smile . . . kissy-face is optional.

I call BS. If you are asked who the hottest actress is, you HAVE to say Milla Yovovich. It's state law!

Insert obligatory picture...

 

[Kirk Freeman]

State law!

Milla:

 

[Kirk Freeman]

I was wondering, as someone mentioned earlier, if I could be charged with anything for refusing even if it was an unlawful demand. If an officer chooses to detain me for refusing his order, lawful or not, I obviously can't just drive off.

Refusing to do what? ID yourself? Get out of the car? What exactly?

No, you can't just run off like the knucklehead in Tawdul did. Are you just sitting in the passenger seat and making kissy faces? What is going on?

 

[Suprtek]

Refusing to do what? ID yourself? Get out of the car? What exactly?

I understand I must ID myself. I'm referring to providing my daughter's (passenger) ID and/or answering questions irrelevant to my traffic infraction.


Oh, and I must refrain from comment about the above posted photo because I can't look at it without thinking she could be younger than my daughter.

 

[Kirk Freeman]

I understand I must ID myself.

If you are the driver and the cop stops you for an infraction, sure ID yourself.

I'm referring to providing my daughter's (passenger) ID and/or answering questions irrelevant to my traffic infraction.

So, the passenger refuses to ID themselves and refuses to play 20 questions? Just sit there and make kissy faces.

O.K., no harm in that. Most people talk to the cops way too much.

Oh, and I must refrain from comment about the above posted photo because I can't look at it without thinking she could be younger than my daughter

Let us all respect Milla.

 

[sj kahr k40]

Oh, and I must refrain from comment about the above posted photo because I can't look at it without thinking she could be younger than my daughter.

Milla was born in 1975

 

[Suprtek]

Well hell. Why am I asking you guys for advice. Everything I need to know is right here.

YouTube - Bob & Tom - donnie baker - police

 

[E5RANGER375]

I see a good deal of comments on here regarding "recorders". I just want to be sure that we are all aware that if we cross the state line into Illinois, it is illegal to record a Police Officer without his/her consent. It is very hard to understand that by simply reading the statute but, you are just going to have to trust me on this.

The following quote is of the original statute taken from Illinois General Assembly Home Page

If anyone wants to read the full statute, it can be found at the Illinois General Assembly's site

720*ILCS*5/*Criminal Code of 1961. <--- Link

and if you want to do your own research, it is often referred to as the "Eavesdropping Act"

EDIT: and for those of you wondering how citizens let this happen, some people are in the process of trying to fight it:
ACLU challenges Illinois eavesdropping act - Chicago Breaking News <--- Link

if i ever go to illinois and get pulled out of my car having a tape recorder is gonna be the least of my problems

if i go to illinois, i will allow ingo to have a public flogging for me. I dont go to communist states.

 

[88GT]

I see a good deal of comments on here regarding "recorders". I just want to be sure that we are all aware that if we cross the state line into Illinois, it is illegal to record a Police Officer without his/her consent. It is very hard to understand that by simply reading the statute but, you are just going to have to trust me on this.

The following quote is of the original statute taken from Illinois General Assembly Home Page

If anyone wants to read the full statute, it can be found at the Illinois General Assembly's site

720*ILCS*5/*Criminal Code of 1961. <--- Link

and if you want to do your own research, it is often referred to as the "Eavesdropping Act"

EDIT: and for those of you wondering how citizens let this happen, some people are in the process of trying to fight it:
ACLU challenges Illinois eavesdropping act - Chicago Breaking News <--- Link

So the lesson here is just don't go to IL?

 

[Kick]

if i ever go to illinois and get pulled out of my car having a tape recorder is gonna be the least of my problems

if i go to illinois, i will allow ingo to have a public flogging for me. I dont go to communist states.

Yeah, I work there and am just thrilled about the 66% income tax increase!

 

[Kirk Freeman]

Well hell. Why am I asking you guys for advice. Everything I need to know is right here.

I probably know more about being pulled over by the police . . . for doing absolutely nothing wrong . . . than anyone else I know.

 

[Kick]

So the lesson here is just don't go to IL?

Try not to if you can help it. They have some silly laws there that most people like us who come from a state with laws that almost make some sense, would never even dream of!

 

[HotPocket]

So the lesson here is just don't go to IL?

We won't even stop for gas or a bathroom break in IL