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Traffic Stop..Passagner I.D. requested Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Procedure, Criminal Court' started by John_Jackson, Jun 2, 2001.

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  1. John_Jackson

    John_Jackson Law Topic Starter New Member

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    An acquaintance of mine was driving a car and was stopped for speeding. He provided the officer with his proper I.D. and proof of insurance. One of the officers decided to ask the passanger for his I.D. The passanger gave the office some false I.D. and was subsequently arrested. For what I don't know.

    Question: if you are a passenger in a car that is stopped for speeding, do you as a passenger have to produce I.D. if requested by the police?

    This was just a routine traffice stop.

    What probable cause would the police officer have to request I.D. from the passenger?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    My understanding is that police officers are permitted to search someone suspected of committing a crime when they have probable cause to do so that they believe that they will find evidence of the crime. Probable cause is a reasonable suspicion judgment call. Probable cause to search a passenger may be required in order to search a passenger. If the officer is writing a ticket because the tail light is out, that might not be probable cause. However, going after a speeding car may provide probable cause and a car chase may provide probable cause to search the driver and passengers for weapons. Hard to say, depends upon the situation.
     

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