Why Is Passenger Asked For I.D.?
Moderators: carlson1, Charles L. Cotton
Why Is Passenger Asked For I.D.?
I watch a lot of "PD Live" and almost every time there's a passenger in a stopped vehicle they are asked for I.D.s
This practice irks me.
If they're not driving, why are they obligated to produce I.D. when (assuming nothing criminal is going on or obvious like the smell of mari-j being smoked or needles on the floor in plain view)
As one who thinks we don't yet live in a police state and I'm walking down the street, doing no harm, L.E. doesn't have right to arbitrarily stop me and insist I produce I.D., so why do vehicle passengers have to?
Or, can the passenger simply refuse to produce I.D. without being punished in some manner?
I did hear one LEO say/ask 'well, without your I.D., how can we tell if there's a warrant out there on you?
Hhmmm, as far as I know, he can't. (so sorry old darling, but you don't check out every person you come into contact with when they've done nothing illegal in your presence) LEO's don't have a right to check all they comes into contact with because they "might" be a criminal with a warrant out for them. "Might be" isn't justification...
Or, if they do have a right to demand passenger I.D., why not set up roadblocks everywhere so we find potential criminals who'll be checked for this, that or the other?
Or, am I being obstreperous for complaining about a practice I see no justification for?
Your thoughts?
Thanks!
P.S. Perhaps, I come across with this thread as anti-LE. I'm not. Actually, I'm very supportive of LE, but some practices need to be re-assessed.
This practice irks me.
If they're not driving, why are they obligated to produce I.D. when (assuming nothing criminal is going on or obvious like the smell of mari-j being smoked or needles on the floor in plain view)
As one who thinks we don't yet live in a police state and I'm walking down the street, doing no harm, L.E. doesn't have right to arbitrarily stop me and insist I produce I.D., so why do vehicle passengers have to?
Or, can the passenger simply refuse to produce I.D. without being punished in some manner?
I did hear one LEO say/ask 'well, without your I.D., how can we tell if there's a warrant out there on you?
Hhmmm, as far as I know, he can't. (so sorry old darling, but you don't check out every person you come into contact with when they've done nothing illegal in your presence) LEO's don't have a right to check all they comes into contact with because they "might" be a criminal with a warrant out for them. "Might be" isn't justification...
Or, if they do have a right to demand passenger I.D., why not set up roadblocks everywhere so we find potential criminals who'll be checked for this, that or the other?
Or, am I being obstreperous for complaining about a practice I see no justification for?
Your thoughts?
Thanks!
P.S. Perhaps, I come across with this thread as anti-LE. I'm not. Actually, I'm very supportive of LE, but some practices need to be re-assessed.
-
- Senior Member
- Posts in topic: 3
- Posts: 6343
- Joined: Mon Jul 03, 2006 8:49 pm
- Location: Galveston
- Contact:
Re: Why Is Passenger Asked For I.D.?
I've never had my passengers asked for ID when I've been stopped. At least here in Texas, a passenger has no obligation to produce an ID when stopped, Unless they are carrying and have an LTC/CHL, Even then there is no penalty.
LEO has the right to ask just about any question they want, We citizens also have the right to remain silent.
LEO has the right to ask just about any question they want, We citizens also have the right to remain silent.
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy
-
- Senior Member
- Posts in topic: 8
- Posts: 1110
- Joined: Wed Mar 07, 2018 2:18 pm
- Location: Gainesville
Re: Why Is Passenger Asked For I.D.?
My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
NRA Member
Re: Why Is Passenger Asked For I.D.?
I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
-
- Senior Member
- Posts in topic: 8
- Posts: 1110
- Joined: Wed Mar 07, 2018 2:18 pm
- Location: Gainesville
Re: Why Is Passenger Asked For I.D.?
if you say no to the car search that prompts "Probable Cause" and they'll do it anyway... at least in my experience that's how it's always worked... however my car is so messy if they wanna search it, im all for it as lon gas they trow away all the trash while theyre doing it.rotor wrote:I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
NRA Member
-
- Senior Member
- Posts in topic: 4
- Posts: 1691
- Joined: Tue Mar 26, 2013 10:42 pm
- Location: houston area
Re: Why Is Passenger Asked For I.D.?
That is so wrong, it does NOT prompt "Probable Cause". I have been asked 3 time in my life and all three times, I politely say, "I don't mind at all if you don't mind me asking/requiring a search warrant." All three times, they did not search, which shows me they did not have a fishing license.Grundy1133 wrote:if you say no to the car search that prompts "Probable Cause" and they'll do it anyway... at least in my experience that's how it's always worked... however my car is so messy if they wanna search it, im all for it as lon gas they trow away all the trash while theyre doing it.rotor wrote:I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.
You will never know another me, this could be good or not so good, but it is still true.
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.
You will never know another me, this could be good or not so good, but it is still true.
-
- Senior Member
- Posts in topic: 3
- Posts: 4339
- Joined: Mon Jan 04, 2016 8:03 pm
Re: Why Is Passenger Asked For I.D.?
There is a big difference between "asking for" and "being obligated to produce" ID. A cop can ask anyone for anything (with the exception of asking for something illegal like sex, drugs, etc). But one is not obligated to produce ID, or even to be carrying ID at all. Most cops are very good at asking for things in a way that will get a lot of people to do what they ask. But you still aren't obligated to produce ID, or to consent to a search, etc.
-
- Senior Member
- Posts in topic: 8
- Posts: 1110
- Joined: Wed Mar 07, 2018 2:18 pm
- Location: Gainesville
Re: Why Is Passenger Asked For I.D.?
well that's how it's been in my experience... which was once and it wasnt my car. like i mentioned tho if it WAS my car I guarantee they wouldnt ask to search it hahatwomillenium wrote:That is so wrong, it does NOT prompt "Probable Cause". I have been asked 3 time in my life and all three times, I politely say, "I don't mind at all if you don't mind me asking/requiring a search warrant." All three times, they did not search, which shows me they did not have a fishing license.Grundy1133 wrote:if you say no to the car search that prompts "Probable Cause" and they'll do it anyway... at least in my experience that's how it's always worked... however my car is so messy if they wanna search it, im all for it as lon gas they trow away all the trash while theyre doing it.rotor wrote:I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
NRA Member
-
- Senior Member
- Posts in topic: 4
- Posts: 1691
- Joined: Tue Mar 26, 2013 10:42 pm
- Location: houston area
Re: Why Is Passenger Asked For I.D.?
If that was your experience, then that is a shame. The mentality that "you have nothing to worry about if you are doing nothing illegal" comes from the mindset of sheeple.Grundy1133 wrote:well that's how it's been in my experience... which was once and it wasnt my car. like i mentioned tho if it WAS my car I guarantee they wouldnt ask to search it hahatwomillenium wrote:That is so wrong, it does NOT prompt "Probable Cause". I have been asked 3 time in my life and all three times, I politely say, "I don't mind at all if you don't mind me asking/requiring a search warrant." All three times, they did not search, which shows me they did not have a fishing license.Grundy1133 wrote:if you say no to the car search that prompts "Probable Cause" and they'll do it anyway... at least in my experience that's how it's always worked... however my car is so messy if they wanna search it, im all for it as lon gas they trow away all the trash while theyre doing it.rotor wrote:I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.
You will never know another me, this could be good or not so good, but it is still true.
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.
You will never know another me, this could be good or not so good, but it is still true.
-
- Senior Member
- Posts in topic: 8
- Posts: 1110
- Joined: Wed Mar 07, 2018 2:18 pm
- Location: Gainesville
Re: Why Is Passenger Asked For I.D.?
How do ya figure?twomillenium wrote:If that was your experience, then that is a shame. The mentality that "you have nothing to worry about if you are doing nothing illegal" comes from the mindset of sheeple.Grundy1133 wrote:well that's how it's been in my experience... which was once and it wasnt my car. like i mentioned tho if it WAS my car I guarantee they wouldnt ask to search it hahatwomillenium wrote:That is so wrong, it does NOT prompt "Probable Cause". I have been asked 3 time in my life and all three times, I politely say, "I don't mind at all if you don't mind me asking/requiring a search warrant." All three times, they did not search, which shows me they did not have a fishing license.Grundy1133 wrote:if you say no to the car search that prompts "Probable Cause" and they'll do it anyway... at least in my experience that's how it's always worked... however my car is so messy if they wanna search it, im all for it as lon gas they trow away all the trash while theyre doing it.rotor wrote:I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
NRA Member
-
- Senior Member
- Posts in topic: 2
- Posts: 446
- Joined: Sun May 31, 2015 8:13 am
- Location: Montgomery, Texas
Re: Why Is Passenger Asked For I.D.?
How do you justify the rude, judgmental, unjustified "sheeple" reference? LEO politely asks a passenger for ID and complying is sheeple?twomillenium wrote:If that was your experience, then that is a shame. The mentality that "you have nothing to worry about if you are doing nothing illegal" comes from the mindset of sheeple.Grundy1133 wrote:well that's how it's been in my experience... which was once and it wasnt my car. like i mentioned tho if it WAS my car I guarantee they wouldnt ask to search it hahatwomillenium wrote:That is so wrong, it does NOT prompt "Probable Cause". I have been asked 3 time in my life and all three times, I politely say, "I don't mind at all if you don't mind me asking/requiring a search warrant." All three times, they did not search, which shows me they did not have a fishing license.Grundy1133 wrote:if you say no to the car search that prompts "Probable Cause" and they'll do it anyway... at least in my experience that's how it's always worked... however my car is so messy if they wanna search it, im all for it as lon gas they trow away all the trash while theyre doing it.rotor wrote:I can not agree with your mentality on that. First, you can always be found to be doing something illegal. I would never give any information not required by law. The last time I was stopped by LEO they did not ask for my passenger's ID. We wouldn't have given it either. They ran my ID.Grundy1133 wrote:My mentality is if you aren't doing anything illegal you shouldn't have anything to worry about. A buddy of mine got pulled over once (we were teenagers) and I didn't have my ID on me and the LEO asked for my ID and I told him I didn't have one and he just said "ok" and went about his business. I imagine he asked for my ID too cause we were teenagers and he wanted to know who we were and what we were up to (we were going to wal mart to buy food from the deli lol). This practice has been going on for awhile cause that was 15 years ago and i imagineits been going on for even longer than that.
I am always surprised watching the cop shows how they ask if we can search your car and the occupants say sure. They should say no but that's television.
The worst thing you can do is to think that you have "nothing to worry about as you are not doing anything illegal".
Re: Why Is Passenger Asked For I.D.?
Grundy1133, I know you are relatively new here but I think you need to get some legal books about LTC and what you can and should not do in anytime you are involved with a LEO contact or worse, a shooting incident. I believe a lawyer would tell you to shut up and not give any info beyond the minimum and not consent to searches. Actually, this is not just for LTC but any police-citizen interaction. There is always the urge to talk (look at Trump saying he wants to talk to Mueller) but then there are smart lawyers telling one to shut up. You really need to know your legal rights a little better from what I have seen about your posts. I am not saying this in a derogatory manner but I am trying to be helpful.
Re: Why Is Passenger Asked For I.D.?
I believe we have discussed this issue in another thread but it does not readily come to mind. You might look at Section 38.02 of the Texas Penal Code. In some cases a passenger can be "under arrest" or the officer might be conducting an "investigatory detention" construed as a "type of arrest" that would require a passenger to identify themselves. Probably it is highly fact specific and will depend on each vehicle stop.
Please know and follow the rules of firearms safety.
-
- Senior Member
- Posts in topic: 3
- Posts: 4339
- Joined: Mon Jan 04, 2016 8:03 pm
Re: Why Is Passenger Asked For I.D.?
If there is probable cause for an arrest or detention, then that obviously is a different case. I think the OP was referring to an officer who asks for the passenger's ID on a routine traffic stop to investigate alleged speeding or the like.dlh wrote:I believe we have discussed this issue in another thread but it does not readily come to mind. You might look at Section 38.02 of the Texas Penal Code. In some cases a passenger can be "under arrest" or the officer might be conducting an "investigatory detention" construed as a "type of arrest" that would require a passenger to identify themselves. Probably it is highly fact specific and will depend on each vehicle stop.
-
- Senior Member
- Posts in topic: 8
- Posts: 1110
- Joined: Wed Mar 07, 2018 2:18 pm
- Location: Gainesville
Re: Why Is Passenger Asked For I.D.?
It seems kind of borderline paranoid conspiracy theory mentality lol. I understand if you're involved in a shooting to keep your mouth shut. don't volunteer info etc. but if a LEO says "do this" as long as its not something illegal, you do it otherwise things could get out of control and you'd end up in cuffs. And if it's in violation of your rights, then you take action. like if a LEO asks if he can see your ID and you say no and then he says GIVE me your ID. do it. If you don't do it and he says step out of the car and you refuse, then I'm sure you'd end up in cuffs... just do what the LEO says and then afterward do something about it if he/she has violated your rights... I don't see how this is "sheeple" mentality. its just being smart. do what they say and take action afterward so you can avoid having handcuffs thrown on you.rotor wrote:Grundy1133, I know you are relatively new here but I think you need to get some legal books about LTC and what you can and should not do in anytime you are involved with a LEO contact or worse, a shooting incident. I believe a lawyer would tell you to shut up and not give any info beyond the minimum and not consent to searches. Actually, this is not just for LTC but any police-citizen interaction. There is always the urge to talk (look at Trump saying he wants to talk to Mueller) but then there are smart lawyers telling one to shut up. You really need to know your legal rights a little better from what I have seen about your posts. I am not saying this in a derogatory manner but I am trying to be helpful.
NRA Member