Author Topic: Passenger duty/rights  (Read 6617 times)

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Offline Advanced Security

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Passenger duty/rights
« on: June 21, 2010, 11:00:20 PM »
So, I was wondering, what duty, if any does a passenger, not breaking the law, have to give identification?

God Bless,
Jeff

Offline autosurgeon

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Re: Passenger duty/rights
« Reply #1 on: June 21, 2010, 11:03:49 PM »
Since the SCOTUS has ruled that everyone in the car is detained in a stop you all must give ID. Or at least name and address if you are not carrying ID.
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline Advanced Security

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Re: Passenger duty/rights
« Reply #2 on: June 22, 2010, 06:31:35 PM »
Thanks. Just what I was looking for. Thanks.

God Bless,

Jeff

Offline sasha601

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Re: Passenger duty/rights
« Reply #3 on: June 23, 2010, 09:59:31 PM »
Since the SCOTUS has ruled that everyone in the car is detained in a stop you all must give ID. Or at least name and address if you are not carrying ID.

As far as I know, what a person must provide to officer when detained depends on state law. Michigan is not "stop and identify" state, from what I know. In Michigan citizen is not obligated to provide ID or even verbally ID him/herself regardless of encounter type with LEO (voluntary, detainment or arrest). One can argue that it does not make sense to continue concealing ID after arrest. It will not be possible to secure bond without providing ID.

Of course, if person operates a motor vehicle, ID must be provided if vehicle was stopped for traffic violation. I do not see how passenger can be obligated to provide ID or verbally ID himself, even if detained. I personnally did not find any Michigan laws requiring to ID. Post it, if such law exists.