Is OK a stop and ID state?

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user 51785

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Conflicting info here. According to OK law, a passenger is part of the investigative detention and can be ID’d: What to Do and Expect When Stopped by Law Enforcement

However, according to the USSC and the 9th Federal Circuit, passengers don’t have to provide ID via Hiibel V Nevada and clarified again in US V Landeros: 9th Circuit: Passengers in a car don’t have to identify themselves – Papers, Please!

I’d say, I guess it depends on the OK officer and the mood he’s in wether you’re going to get let go or take the perp walk of shame.
interesting. if i remember right state law cant be stricter than federal law so that means passengers dont have to provide ID on a traffic stop. not saying im right just what i think. I'll have to ask my bil later if i get the chance, hes a cop and the guy i get most on my info from. not saying hes always right cause he ain't but he's usually pretty good for information. i know this for sure he told me he only asks passengers for their id on traffic stops if they give it to him fine if not he blows it off and moves on.
 

swampratt

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Talking smack escalated the situation.
Quit that nonsense.

I was at a boat ramp at Eufaula with boat on trailer and about to pull the boat out of the water.
Ford van starter would not spin over.
I get out and get a couple wrenches and slide under the van as a police officer pulls into the parking lot.
He did not get out of his car but he was watching the van and my buddies right up to the point where I
slid out from under the van with my starter in my hands.

He then turned around and drove off.
Yep it was winter time ice on the water and I was a bit wet from laying in water removing the starter.

He probably thought F this. I am not taking that wet dude to a parts store in my cruiser.

HA!
I took the starter apart and fixed it and away we went.
I have had to do the same to my Chevy starters so this is not Ford vs Chevy.

This boils down to me being a tight wad using 1970's parts that should have been retired.

Some police officers are great and some not so much but same goes for the people they must deal with.
 

user 51785

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The training should really be emphasized that they are acting as an "agent of the state" and it means that they should adjust their behavior verses their personal feelings. You don't fart out loud in work meetings, you don't get physical with a man who verbally disrespects you either. The expectation when representing authority should be VERY high.

As for your point, NO, the OHP sided with the trooper even though he clearly changed his mind when his feelings were hurt. He then used the bumper sticker cuss word as a bogus reason.

I agree...but there are much worse cases where people came across cops so out of line they would not get their day in court...some have raped women in their homes while responding to domestic disputes, etc. And these there is this:

https://theweek.com/articles/474702/indiana-law-that-lets-citizens-shoot-cops
This case obviously did not rise to the level where the guy shouldn't have just complied for the good of his family, so for any LEO's here, I know you have a tough job and the guy was also an a-hole. I just want the law whatever it is to be followed.
that ain't right. they probably could win a law suit if they got the money for a lawyer but it shoulda been handled by ohp imo. everything i saw showed me, even though the guy in the car was dumb for running his mouth the trooper was in the wrong and should pay the price. honestly i'm surprised he's a trooper they have pretty high standards from what i know and this jerk aint got none.
 

jakeman

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that ain't right. they probably could win a law suit if they got the money for a lawyer but it shoulda been handled by ohp imo. everything i saw showed me, even though the guy in the car was dumb for running his mouth the trooper was in the wrong and should pay the price. honestly i'm surprised he's a trooper they have pretty high standards from what i know and this jerk aint got none.


The Marine Division guys at Tbird are jerks.

The marine guys at Murray are jerks, but in a good way. They don’t tolerate any foolishness, but they don’t go out of their their way to start any crap either.

Lotta idiots at Tbird. Maybe constantly dealing with them would cause you to lose your mind. I’ve never got in trouble at Tbird, but I’ve had distasteful interactions with them on several occasions. One of them stopped me to just hassle me one time, and an hour later he flagged me down for a tow. I towed him, but I rode his ass most of the way in. He got a lecture about attitude and manners. As a former LEO I felt not only justified but qualified as well. You can do your job with out being a complete jagoff.

Edit to add - I’ve been stopped for safety and compliance checks dozens of times. I know the difference between a professional safety check and a jerk hassling boaters.
 

jakeman

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I fish T bird often and seen the lake ranger a few times last year.
Talked with him a bit and seems like a really nice guy to me.

Maybe not the guy you dealt with @jakeman


Maybe not. I can recall as least 3 different ones.

I can’t remember the main guy at Murray, but if you were standing behind the helm he would damn sure pull you over and give you what for. He was a good dude. We used to have him on speed dial for idiots tearing around the no wake zone down at east end of the dam. When you’ve got a couple 100,000 $’s worth of boats tied up in a no wake zone morons cutting deep ass wakes can tear up a bunch of stuff quick, besides it being incredibly dangerous.
 

Bigdawg90

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If stopped for an infraction, the driver must identify themselves. Infractions are still technically crimes. As such you’re being placed under arrest and a ticket is your summons to court. The Supreme Court has ruled it is unlawful to not identify yourself. You can hold your license up to the window, you just have to identify yourself. See this most often on DUI checkpoints. You don’t have to role down your window.

The only time it becomes an issue is if the passenger commits an infraction such as open container or not wearing a seat belt. Then they must identify themselves for the same reasons the driver was required. The cop must have independent reasonable suspicion to detain a passenger unless he just asks him to stay in the vehicle for Officer safety reasons.

Once the Officer asks the passenger to exit the vehicle he must have articulated reasons for detaining the passenger further such as searching the vehicle or not wanting to alert other nefarious characters.

I’ve see this go a hundred different ways. At the end of the day, case law is not 100% clear on the subject so Officers are generally covered under qualified immunity for even egregious acts.

Officers can also stop you for reasons that fall under the community caretaking doctrine. Enforcement from these stops is a grey area under case law. I don’t know many Officers who would take a chance enforcing anything with that kind of stop. Drivers would still need to identify themselves as having your DL is required to drive.

This is the basis for DL checkpoints.
 

sh00ter

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Or the police can just obey the law and constitution they took a oath to uphold, and not get all feels hurt when someone disagrees with them.

While the guy should have remained calm, the trooper was out of line IMO as well. Basicly when two idiots collide.
The local PD was worse...they were admitting on camera later in the video that they were torturing him because he didn't want to hear what they had to say. Sounds like corporal punishment on steroids to me LOL.
 

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