Does a passenger HAVE TO show ID during traffice stop?

[xylene]

Suspect or a hunch is different from "a reasonable or articulable suspicion".

Indeed.

A hunch involves a goodly amount professional certainty.

"a reasonable or articulable suspicion" is a procedural matter.

 

[CdwJava]

Indeed.

A hunch involves a goodly amount professional certainty.

"a reasonable or articulable suspicion" is a procedural matter.

Or, more precisely, a "hunch" is what your gut tells you ... articulable or reasonable suspicion is the art of explaining (articulating) the reasons for your hunch and why your gut feels the way it does.

 

[tranquility]

So then how is Arizona going to be able to inforce their law if they pull over a car load of Latinos they suspect to be illegals? If the only one they can legally detain for failing to provide ID is the driver, a whole lot of illegals will be walking away. In addition, many of the opponents have been arguing that if you are Latino and a passenger in a vehicle you better have your ID even if the driver is legal.

What is your point? Do you believe there should be a different definition of probable cause when related to immigration offenses, or, should it be the same as for all other things?

 

[tranquility]

Or, more precisely, a "hunch" is what your gut tells you ... articulable or reasonable suspicion is the art of explaining (articulating) the reasons for your hunch and why your gut feels the way it does

.Which is the societal acceptance of verbal competency.

 

[StevenJ_420Law]

So then how is Arizona going to be able to inforce their law if they pull over a car load of Latinos they suspect to be illegals? If the only one they can legally detain for failing to provide ID is the driver, a whole lot of illegals will be walking away. In addition, many of the opponents have been arguing that if you are Latino and a passenger in a vehicle you better have your ID even if the driver is legal.

Im pretty sure thats gonna be handled with Pink jumpsuits and desert camps.

 

[JustAPal00]

What is your point? Do you believe there should be a different definition of probable cause when related to immigration offenses, or, should it be the same as for all other things?

I wasn't making a point, I was truely asking a question. After all the ruckus I've been listening too about how police officers were going to pull over latinos just for looking like latino. If a police officer can't make everyone in the car show ID, then what is all the whining about? I mean a police officer can almost always find a reason to pull you over. If he pulled you over before the new law goes into effect, he takes you in for driving without a license and at the station they try to identify you. After the law goes into affect, he takes you down to the station to identify you because you don't have ID and you may be illegal. Same result! Since he can't require anyone else in the car to show ID, in both cases everyone else goes free.

 

[StevenJ_420Law]

After all the ruckus I've been listening too about how police officers were going to pull over latinos just for looking like latino.

In fairness, thats not new.

 

[tranquility]

After all the ruckus I've been listening too about how police officers were going to pull over latinos just for looking like latino. If a police officer can't make everyone in the car show ID, then what is all the whining about?

Yes. It's almost as though the ruckus is political and does not have a true basis in reality.

 

[BOR]

I wasn't making a point, I was truely asking a question. After all the ruckus I've been listening too about how police officers were going to pull over latinos just for looking like latino. If a police officer can't make everyone in the car show ID, then what is all the whining about? I mean a police officer can almost always find a reason to pull you over. If he pulled you over before the new law goes into effect, he takes you in for driving without a license and at the station they try to identify you. After the law goes into affect, he takes you down to the station to identify you because you don't have ID and you may be illegal. Same result! Since he can't require anyone else in the car to show ID, in both cases everyone else goes free.

As you see in Ponce, a wandering patrol can NOT detain persons simply because they are of Mexican appearance.

Ponce deals with near the border, sure, but the 4th AM is precise here.



Whren v. United States has ruled that an officer's subjective intention in stopping a person is not subject to 4th AM scrutiny, as long as a legal reason can be justified for the initial stop. IF non border roving racial profiling is actually done, such as in AZ, the EP clause is triggered.

Ponce dealt with such detainment of Mexican ancestry persons, with NO suspicion of wronging, just race.

I think I said all that right! HA!!

 

[dillon45]

Passenger dose not have to give information to police.

South Carolina law of the land...

You and I both know the Supreme Court does not make law, so what else could you be talking about...

Broadly speaking, a police office can lawfully enforce negative consequences, like detention or even arrest for failing to identify oneself.

So play cupholder lawyer and get jerked around by a cop who is within the law to do so, or give up your very much non-secret name...

The reasons would be so incredibly easy to articulate. "You looked like a guy on the parole violator sheet... why didn't you just clear that up. Have a nice walk home."

Your answer is at best TERRIBLE, If more people stood up for their rights we would not be having this conversation.

The law is clear, a passenger does not have to cave in and give his or her personal information because some cop wants it.

My advice is to video tape all m.v. stops (where legal) and if you want , you can advise the officer of this fact.

 

[TheGeekess]

Your answer is at best TERRIBLE, If more people stood up for their rights we would not be having this conversation.

The law is clear, a passenger does not have to cave in and give his or her personal information because some cop wants it.

My advice is to video tape all m.v. stops (where legal) and if you want , you can advise the officer of this fact.

Considering the OP is 3 years gone, you're a day late and a dollar short.

This forum does not appreciate necroposting.

 

[OHRoadwarrior]

Considering the OP is 3 years gone, you're a day late and a dollar short.

This forum does not appreciate necroposting.

As well as inaccurate.