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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 09-24-2003, 05:52 PM
utahbabe
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carring identification


What is the name of your state?Arizona
I just wanted to know what the laws were pertaining to carring Identification in a vehicle if you are the passenger. Can you get a ticket for this? If so what is the maximum fine? Also what are the rules of a search warrant. If a passenger is arrested, does that give the officers the right to search your vehicle?
  #2  
Old 09-24-2003, 07:47 PM
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Location: Catatonic State
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Re: carring identification


Quote:
Originally posted by utahbabe
What is the name of your state?Arizona
I just wanted to know what the laws were pertaining to carring Identification in a vehicle if you are the passenger. Can you get a ticket for this? If so what is the maximum fine? Also what are the rules of a search warrant. If a passenger is arrested, does that give the officers the right to search your vehicle?
**A: ok, what is the complete story?
  #3  
Old 09-24-2003, 08:05 PM
utahbabe
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I was driving down the highway and was pulled over for an obstructed license plate. I had been four wheeling and there was mud all over the truck including the plate. Officer asked for license, registration and insurance, which I provided. I did not receive a ticket. My 20 year old son was with me as a passanger. The officer returned my documents, and asked my son for ID. He does have a valid license, but did not have it with him at the time. The officer cited him for not carrying any identification.

He failed to appear at the hearing for the citation. Slipped his mind. I know that's no excuse.

Several weeks later, again I was pulled over for the same thing with my son as passanger. Officer asked for ID again and when produced, found the warrant issued for arrest for failer to appear. Then asked to search truck as my son had a warrant out on him. I complied to the search as I knew I had nothing to hide.

This comes back to my first question of identification. None of this would have happened had my son had his ID with him to show. However, can he be cited for not carrying it?
  #4  
Old 09-24-2003, 08:14 PM
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Quote:
Originally posted by utahbabe
I was driving down the highway and was pulled over for an obstructed license plate. I had been four wheeling and there was mud all over the truck including the plate. Officer asked for license, registration and insurance, which I provided. I did not receive a ticket. My 20 year old son was with me as a passanger. The officer returned my documents, and asked my son for ID. He does have a valid license, but did not have it with him at the time. The officer cited him for not carrying any identification.

He failed to appear at the hearing for the citation. Slipped his mind. I know that's no excuse.

Several weeks later, again I was pulled over for the same thing with my son as passanger. Officer asked for ID again and when produced, found the warrant issued for arrest for failer to appear. Then asked to search truck as my son had a warrant out on him. I complied to the search as I knew I had nothing to hide.

This comes back to my first question of identification. None of this would have happened had my son had his ID with him to show. However, can he be cited for not carrying it?
**A: there is no law requiring a passenger to have on his possession an ID.
And guess what. None of the incidences involving him at the 2nd stop would have happened had your son gone to court and resolved the issue. His failure to appear resulting in a bench warrant being issued. Let's get real here. Your son blew it royally. I know that there is more to this story.
  #5  
Old 09-25-2003, 01:31 AM
bini
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I do not know why your son keeps getting asked for his identification. Since he does it might be a good idea for him to either have it on him or for him to memorize the Id/license #. That way if he does forget to carry it with him at least he can give the # to the officer and it can be looked up. Of course this is only my opionion. As far as any of your questions go. I am sorry I cannot answer them

Bini
  #6  
Old 09-25-2003, 01:17 PM
utahbabe
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carring identification
What is the name of your state? Arizona
There is not more to my story. In fact everytime my son is with me they ask for his I.D. because they do not believe me when I say, he is my son. In fact just today we went to court. I went with my son, and the Judge even looked at me and said that he could see why they ask for his I.D. he said that I did not look old enough to have a son that age. I am 42 years old I would think my word would be enough. I I have never been arrested or had a ticket for anything, but the Judge said they could lock him up, just for not carring I.D.. He was also surprised that each time I have been stopped that they ask for my son,s I.D. In fact when he got arrested this last time on the warrant he was the passenger. This is the third time. But what was more humiliating was the search. Please tell me what to do the next time this happens to me, because this will happen again I guarantee it.
  #7  
Old 10-07-2003, 07:17 PM
Mr. Friendly
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Babe..... Next time these pigs pull you over, when they get out of their car, stomp on the gas and run!!!!!!!! Just joking... Seriously, wash your licence plate off first off, second, next time in a situation like that, when the pig asks your son for I.D., tell him to ask the pig if he is under arrest. If the pig says no, then your son does not have to talk to him at all and can leave on his own free will unless he is breaking a law or not wearing his seatbelt or something like that. If he says yes or says he is detaining your son, then your son has the right to remain silent until an attorney is provided to him for any kind of questioning. You being the operator of the vehicle or in control of the vehicle are the only person that has to provide a valid license to do so when you get pulled over for a traffic stop.
  #8  
Old 10-08-2003, 01:39 AM
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"next time in a situation like that, when the pig asks your son for I.D., tell him to ask the pig if he is under arrest. If the pig says no, then your son does not have to talk to him at all and can leave on his own free will unless he is breaking a law or not wearing his seatbelt or something like that. If he says yes or says he is detaining your son, then your son has the right to remain silent until an attorney is provided to him for any kind of questioning."

Can you post the Arizona Supreme Court or U.S. Supreme Court decision/s that support your opinion?
  #9  
Old 10-08-2003, 11:58 AM
BillyBG
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My info was useful, I don't think he can produce the evidence in question.
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