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re: One of the most satisfying arrests you'll ever see
Posted on 10/18/16 at 8:46 pm to Sao
Posted on 10/18/16 at 8:46 pm to Sao
quote:
As the passenger, and having not committed a crime, she can't be detained or identified simply because they ask
She can be detained:
Arizona v. Johnson, ___ U.S. __; 129 S.Ct. 781 (2009)
The nature of encounters between officers and individuals detained as part of a roadside encounter (pedestrian and traffic stop) are "especially fraught with danger to police officers." Michigan v. Long, 463 U.S. 1032, 1047 (1983). A passenger in a vehicle is seized within the meaning of the Fourth Amendment, just as the driver is seized, at the initiation of the stop and until it is over, and the passenger is not free to end the encounter or move about as he wishes. Id at 787, citing Brendlin v. California, 551 U.S. 249 (2007). Police had the right to pat down the passenger that they felt may be armed and dangerous because he was wearing gang clothing and possessed a police scanner.
And she can be identified:
Because passengers present a risk to officer safety equal to the risk presented by the driver, an officer may ask for identification from passengers and run background checks on them as well. - United States v. Rice, 483 F.3d 1079 (10th Cir. 2007)
Police can request passengers in motor vehicles to provide identifying information, if the vehicle has been lawfully stopped. - State v. Griffith, 236 Wis. 2d 48, 2000 WI 72 (2000)
When police lawfully stop a vehicle, so long as the request does not measurably extend the duration of the stop, police do not need an independent justification to ask a passenger for identification. - U.S. v. Fernandez, 2010 U.S. App. LEXIS 6748 (April 01, 2010)
Posted on 10/18/16 at 9:12 pm to Five0
Good to see someone dropping actual case law knowledge here. There are way too many armchair lawyers on this board that have no clue of the differences between reasonable suspicion and probable cause or the nuances of search and seizure laws.
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