Devina Douglas, Attorney at Law (707) 408-3529
  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • Restraining Order-related >
      • Domestic Violence Restraining Orders
      • Other Types of Protective Orders
      • If You Are Served With A Protective Order
      • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer
  • SoCo and COVID

Case law update: Demanding ID From Passengers

7/1/2019

 
​Let’s say you’re a passenger in your friend’s car when your friend gets pulled over for speeding. Assuming the police have no reason to believeyou’vedone anything illegal, can the officer demand youridentification? Nope!
In United States v. Landeros[1], the court heard the case of a defendant who was told he was required to give the officer his ID under circumstances similar to those above.  In that particular case, the officer felt his demand was justified as he felt it was “standard for (law enforcement) to identify everybody in the vehicle.” When the defendant refused twice, the officer called in backup, told the passenger he was not being “compliant,” and ordered the passenger to get out of the car. After his exit from the car, unfortunately, the police found evidence which led them to believe that the passenger had, indeed, violated the law. 
The 9thCircuit heard the case, and began its analysis stating the well-settled rule that “[a]n officer . . . may conduct certain unrelated checks during an otherwise lawful traffic stop. But . . . he may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual.”[2]An officer canask about other unrelated criminal activity during the traffic stop, but should confine these unrelated inquiries to within the time it takes to accomplish their original task: addressing the potential traffic violation and whether the driver is licensed and insurance, whether the vehicle is properly registered. Anything the officer does that exceeds the time it would have taken to accomplish those tasks is likely to be held to be illegal. And as we have discussed hon this blog before, any evidence unearthed during an “unlawfully prolonged traffic stop” is subject to suppression. The court, therefore, determined that the officer was NOT acting within the confines of the law when he extended the traffic stop by asking for the passenger’s ID, and even went so far as to state that the passenger’s refusal did NOT “provide[]reasonable suspicion of the additional offenses of failure to provide identification and failure to comply with law enforcement orders,” (which is a violation of Arizona law, where this case took place.) 
To be clear, a person is not required to identify him- or herself to law enforcement unless law enforcement has a reasonable suspicion the person is involved in criminal activity.[3]


[1](9th Cir. Jan. 11, 2019) 913 F.3rd862

[2]Rodriguez v. United States (2015) [135 S.Ct.1609]

[3]See Kolender v. Lawson (1983) 461 U.S. 352.
essey typer link
12/22/2019 09:06:19 pm

It was great to be on your webpage, I have achieved lots of information from your post. I am surprised by the thoughts of the author because he is helping people to stay up to date by uploading the latest news and incidents which are happening in the world.


Comments are closed.

    Author

    Devina strives to make information relevant to the lives of her clients easily accessible. 

    Archives

    February 2023
    January 2023
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    August 2020
    June 2020
    February 2020
    January 2020
    November 2019
    August 2019
    July 2019
    June 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    October 2017
    September 2017
    August 2017
    June 2017
    May 2017
    April 2017
    January 2017

    Categories

    All
    DMV Related
    Domestic Violence
    Drugs
    DUI
    General Criminal Defense
    Gun Rights
    Marijuana Related
    Marijuana-Related
    SCOTUS News
    Weird News

    RSS Feed

Proudly serving Sonoma, Marin, Napa, Mendocino and Lake Counties (and occasionally venturing as far as Yolo, Santa Clara and San Mateo Counties).
Picture
Picture
Picture
Picture
Picture
Proudly powered by Weebly

​This website is for informational purposes only and does not provide legal advice. Do not act or refrain from acting based on anything you read on this site. Using this site or communicating with the Law Office of Devina Douglas through this site does not form an attorney/client relationship. This site is legal advertising. Please review the full disclaimer for more information. (LINK TO FULL DISCLAIMER PAGE)
  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • Restraining Order-related >
      • Domestic Violence Restraining Orders
      • Other Types of Protective Orders
      • If You Are Served With A Protective Order
      • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer
  • SoCo and COVID