DIYbanter - View Single Post - Your rights when stopped in your by a police officer (USA)

Meanie[_6_]

On 12/17/2016 1:10 PM, wrote:
On Sat, 17 Dec 2016 11:38:30 -0500, Meanie wrote:

On 12/17/2016 10:04 AM, Taxed and Spent wrote:

Maryland V. Wilson and cases building on that.

Maryland v. Wilson says nothing about passenger ID. Got any cites for
cases "building on that"?

Depends on the state. 24 states have what they call "stop and Identify
laws" which simply provides authorization for police to legally obtain
the identification of someone whom they reasonably suspect has committed
a crime. Regardless of your states law, police can never compel you to
identify yourself without reasonable suspicion to believe youre
involved in criminal activity. To determine if they have RS, ask "am I
being detained?" and/or "I'm I free to go?". If an officer states you're
being detained, he is obligated to tell you what the suspicion/charges
are. If he states you are not free to go, then ask again "am I being
detained?" If he/she says you're free to go, STFU and walk away from the
scene. If the driver is released from the original stop, then get back in.

Overall, an officer can ask for your ID as a passenger and you can
refuse unless it's for an investigation of a crime such as witnesses to
an accident or the passenger has committed an infraction such as not
wearing a seat belt.

The answer is going to be "do you want to be detained"?
They can haul you in for the most minor traffic violation and have you
post collateral to a magistrate. It is just the cops discretion that
allows him to let you promise to pay the ticket.
Arguing with a cop on the side of the road is the most unproductive
thing you can possibly do. They have the gun and all the power.
Your rights really do not show up until your lawyer does. Certainly
you can beat most bad busts and the cop might even get in *a little*
trouble but you still have to pay the lawyer tax. Is being a smart ass
really worth a few thousand bucks and hours of your time in cuffs?
They might just beat the **** out of you and say you resisted arrest
... if you don't catch a bullet.

Unfortunately the shade of your skin may have more influence than your
innocence.

KNOWING the law actually does help and one doesn't need to be a smart
ass to stand up for their rights. You'd be surprised how infrequent your
scenario partakes. It is also best to ALWAYS record the event for your
own evidence.

I often view the stopped by police videos people post online and how the
majority of them think they know the law and smart off to the cop
especially with "I know my rights". I wish I could tell them "no you
don't". It's their way of being an attention whore but don't realize how
asinine they really are.