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There is no question that the officer may examine the driver's license and vehicle registration during a traffic stop and run a computer check on both.

U.S. v. Brigham, 382 F.3d 500, United States Court of Appeals, Fifth Circuit.

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Like other circuits**, this court has found no constitutional impediment to a law enforcement officer's request to examine a driver's license and vehicle registration or rental papers during a traffic stop and to run a computer check on both.

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**See, e.g., United States v. Givan, 320 F.3d 452, 459 (3rd Cir.2003) (noting that “questions relating to a driver's travel plans ordinarily fall within the scope of a traffic stop”); United States v. Linkous, 285 F.3d 716, 719 (8th Cir.2002) (“An officer does not violate the Fourth Amendment by asking the driver his destination and purpose, checking the license and registration, or requesting that the driver step over to the patrol car.”); United States v. Holt, 264 F.3d 1215, 1221 (10th Cir.2001) (en banc) (noting that questions relating to a motorist's travel plans are ordinarily related to the reason for the stop); United States v. Hill, 195 F.3d 258, 268 (6th Cir.1999) (holding that an officer's questioning of the defendant “as to his moving plans at the outset of the stop was reasonable in that the questions related to [the defendant's] purpose for traveling”). United States v. Sowers, 136 F.3d 24, 27–28 (1st Cir.1998); United States v. Hardy, 855 F.2d 753, 757 (11th Cir.1988).

This post was edited on 4/16/14 at 3:47 pm

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Posted by PhiTiger1764

Lurker since Aug 2003

Member since Oct 2009

13952 posts

Posted on 4/16/14 at 5:38 pm to AnonymousTiger

Yea man. Good try. Everything you cited pertains to an individual traffic stop where the defendant was pulled over for committing a traffic violation.. not a checkpoint. I am fully aware if I commit a traffic violation that I must produce identification.

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United States v. Fischel, 467 F.3d 857, United States Court of Appeals, Fifth Circuit

^^^ This is what you cited. Here is the info you chose to leave out:

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While working on Interstate 20 in Ouachita Parish, Louisiana, Officer James Purvis observed a vehicle weaving between lanes, its occupant talking on a cell phone and driving 20 miles per hour under the speed limit. Purvis activated his emergency lights, stopped the vehicle, and informed the driver, Michael Fishel, of the reason for the stop. Fishel gave Purvis his driver license, but appeared extremely nervous with a tremor in his voice. Purvis asked Fishel to exit the vehicle and stand at the rear of the vehicle. Fishel complied, and Purvis informed Fishel that he would issue Fishel a citation for improper lane usage.

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U.S. v. Brigham, 382 F.3d 500, United States Court of Appeals, Fifth Circuit.

^^^ This is what you cited. Here is the info you chose to leave out:

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FACTS At 4:13 P.M., a Texas state trooper stopped a car because the driver, Brigham, was following another car too closely

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DISCUSSION Although Brigham acknowledged that the trooper had grounds to make the traffic stop, he contended the stop became unlawful when the trooper started asking questions that did not pertain to the traffic violation.

Things are different at a checkpoint. There is no reason to have been pulled over in the first place. You are not required by law to produce identification.

Source: 4th Amendment

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