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by Liberty
Wed Apr 25, 2018 11:58 am
Forum: Off-Topic
Topic: Why Is Passenger Asked For I.D.?
Replies: 38
Views: 11993

Re: Why Is Passenger Asked For I.D.?

The Annoyed Man wrote: Further, I can think different kinds of situations in which a law abiding citizen would be well served by volunteering their ID to police. When I lived in California, my house was located in a neighborhood quite close to the Rose Bowl, and whenever there was a game or other big event there, Pasadena police would close off access to that neighborhood streets with checkpoints, to try and funnel the traffic coming into the Rose Bowl parking area into main thoroughfares, to keep it from clogging up small residential streets. On such occasions, I would have to show my ID at the checkpoints to be able to get to my own house. I didn’t mind it so much because they had no way of knowing otherwise that I lived there, and I needed to be able to come and go as needed, plus it helped to make my neighborhood easier for local residents to move about in during those events. But absent situations like that, if you feel like this is a completely unnecessary “show us your papers” moment, you should consider declining to cooperate. Then they can either find a reason to arrest you, or to let you go. You shouldn’t make oppression easier for an LEO who does not have a proper appreciation for your rights as a citizen.
Another instance is when you are involved with an event resulting in a police report. While the officer makes his notes on the incident giving him your ID helps make sure that the information is accurate, and that your input isn't dicarded because your name and/or address was mispelled.

One tip:
If stopped and asked to leave your vehicle .. roll the windows up and lock the car behind you.
by Liberty
Tue Apr 17, 2018 2:36 pm
Forum: Off-Topic
Topic: Why Is Passenger Asked For I.D.?
Replies: 38
Views: 11993

Re: Why Is Passenger Asked For I.D.?

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.
Under these circumstances, we are required to give our name. But there is no requirement to possess or present an ID to an arresting officer. The only requirement to present is when one is required to have a license to perform a function such as driving or carrying a handgun.

If you are arrested they will search your body, Inventory your items, and likely find any ID you happen to have on you.
by Liberty
Tue Apr 17, 2018 12:01 pm
Forum: Off-Topic
Topic: Why Is Passenger Asked For I.D.?
Replies: 38
Views: 11993

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.

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