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The Range
Law & Order
Is OK a stop and ID state?
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<blockquote data-quote="Bigdawg90" data-source="post: 3971790" data-attributes="member: 49831"><p>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.</p><p></p><p>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. </p><p></p><p>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.</p><p></p><p>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. </p><p></p><p>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. </p><p></p><p>This is the basis for DL checkpoints.</p></blockquote><p></p>
[QUOTE="Bigdawg90, post: 3971790, member: 49831"] 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. [/QUOTE]
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