Arrest Procedure: Who Has to Show Id During a Traffic Stop

mardi 7 octobre 2014

During a lawful traffic stop do the police have the right to demand the ID of the passengers of the vehicle?



I thought according to US v. Rice (2007), Wisconsin v. Griffith (2000), and US v. Fernandez (2010) that the police could only request or ask for a passengers' ID when RS or PC is lacking.



However, today I read that according to Brendlin v. California (2007) the police can demand ID because the passengers are considered "seized" for fourth amendment purposes. Now when someone is lawfully detained or seized ID can lawfully be demanded. If that's true I can see Brendlin v. California superseding the cases which state police can only "request" or "ask."



Can anyone explain or clarify this for me?



Thank you!





Arrest Procedure: Who Has to Show Id During a Traffic Stop

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