identifying yourself as a passenger in car

[ksjane]

What is the name of your state?What is the name of your state? KS

Does anyone know if there is some kind of federal or state law regarding whether or not you have to identify yourself to a police officer -at random-?

A few examples...

Ex. 1. You are a passenger in a car and the driver gets pulled over for some driving infraction and all the drivers info is legit (i.e. dl, ins. tags etc.) and the officer asks the passenger for his identification. Does the passenger have to give is ID to the officer, or identify himself at all for that matter?

Ex. 2. You are walking down the street and an officer approaches you and tells you that you need to identify yourself and give them your ID, but does not tell you why, just random. Are you required to, by law?

Thanks in advance.

 

[laurathelawyer]

Check out this case from the US Supreme Court: Hiibel v. Sixth Judicial District Court, et al.

 

[BelizeBreeze]

For what class is this assignment?

 

[mycarlb]

However, the OP is in KS, not Nevada... can you help them in the state they are posting in please?

 

[ksjane]

For what class is this assignment?

Its not an assignment for any class. Its a question.

 

[BelizeBreeze]

However, the OP is in KS, not Nevada... can you help them in the state they are posting in please?

The case quoted was argued before the U.S. Supreme Court March 22, 2004 and decided on June 21 of that same year and upheld the basic tenents of Terry v. Ohio.

The officer may inquire as to identification of any passenger in the vehicle and, on point, any person standing by the vehicle or walking down the street.

 

[CdwJava]

Ex. 1. You are a passenger in a car and the driver gets pulled over for some driving infraction and all the drivers info is legit (i.e. dl, ins. tags etc.) and the officer asks the passenger for his identification. Does the passenger have to give is ID to the officer, or identify himself at all for that matter?

Ex. 2. You are walking down the street and an officer approaches you and tells you that you need to identify yourself and give them your ID, but does not tell you why, just random. Are you required to, by law?

Thanks in advance.

The answer to both is: "It depends."

There may be other circumstances that justify a detention. And the state's law may require ID under such circumstances. KS law on the issue would govern, so if a person is required to provide ID while detained, then it would come down to whether the officer had a lawful detention or not.

I can think of circumstances that would make both detentions lawful ... and at least as many that would make them unlawful.

It's not a question that can be clearly answered.

- Carl

 

[Jack_David]

The officer may inquire as to identification of any passenger in the vehicle and, on point, any person standing by the vehicle or walking down the street.

Anyone including a police officer may inquire about anything, that doesnt mean that they have the legal right to that information.

In general, in the United States, the only time you have to physically show your Drivers Liscense is when you are driving a motor vehicle and are pulled over and asked to for it by the police.

Certain states may have laws that can require you to give your info such as Name, Address, and DOB to the police under various circumstances. The supreme court in the Hiibble case has held up that these laws are constitutional. However that does not mean that you must show picture ID to the police. There is no law that mandates that anyone carry a picture ID on them.

 

[Jack_David]

Since I posted this before in another thread I'll repost it here as an example of such laws.

Here is Texas law on the matter.

§ 38.02. FAILURE TO IDENTIFY.
(a) A person commits an
offense if he intentionally refuses to give his name, residence
address, or date of birth to a peace officer who has lawfully
arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the
peace officer has good cause to believe is a witness to a criminal
offense.

In Texas if you are being arrested you have to give your name, address, and DOB. You do not have to show picture ID, althought if they are arresting you they will probably go through your stuff and get it anyways if you happen to be carrying it.

If you are not arrested and are merely being detained, and presumably being asked questions, then you do not have to give them your information, nor do you have have to show ID, you merely have to not give them false information.

 

[CdwJava]

Keep in mind that while you do not have to have picture ID on you, if you are stopped for an offense that could otherwise be cited out (in my state, that would be any infraction or misdemeanor) and you do not possess satisfactory evidence of ID, an officer may take you in to custody until your identification can be verified.

So while you do not HAVE to have valid ID on you, it can certainly expedite matters.

- Carl

 

[ksjane]

Thanks for everyone's response. It is truly appreciated. I know of a few similar incidents. In one particular incident, there was no criminal acts being committed, nor were they detained. They were just harrassed for about 45 minutes, threatened, and then the officers left. Good to know. Thanks again.

 

[Snowey]

hi,this is an interesting topic
I was with my son one day,he was driving and I was the passenger.It is a small town and it looked like a cop was following us for no reason.
I told my son to go pull in the store parking lot to see if he was following us.the cop pulled right behind us and turned his lights on.
then he walks up to my sons window and says ,are you the one with the warrant. (this cop knew who my son was)we knew that my son did not have a warrant,he paid all his tickets.
so I ask this cop some questions and he says,who are you.I said why do you need to know that. he came over to my window and said ,if you do not show me some identification,you are going to jail.so I showed him my drivers license.
now, I have never done anything wrong,the last ticket I got was about 15 years ago for an auto accident.

I just thought this guy was nuts and I made a complaint to the department.
(BTW this cop did not see my son in court the day of the ticket because he was late and the cop assumed he had a warrant)

just thought I would share my experience,I do not know if they have a legal right to see identification or not.but if they ask, it is better to give it so you will not cause problems. just my 2 cents