Do Passengers Have To Show ID?

welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions today's video covers the laws regarding passengers of Motor Vehicles and the limits of police authority during a traffic stop do you have rights as a passenger during a traffic stop are you required to show your ID if you aren't driving can a passenger refuse a sobriety test let's dive right in and explore the laws [Music] citizens of the United States are endowed with the unalienable and constitutionally protected right to travel freely without the burden of government interference as early as the drafting of the Articles of Confederation Congress acknowledged the fundamental right to freedom of movement but it wasn't until 1868 that the Supreme Court officially recognized the freedom of movement as a fundamental right in ruled that states could not inhibit individuals leaving a state by taxing them in the case of Crandall V Nevada although the Crandall ruling recognized the freedom of movement as a fundamental right it did not grant the right constitutional protection several years later the 1920 case of wheeler v United States located the right to travel in the privileges and immunities Clause of the Constitution and granted the right constitutional protection but also ruled that the Constitution did not grant the federal government the power to protect the freedom of movement in the following years the Supreme Court began to reject the rulings of the wheeler case and eventually ruled that the federal government did have the authority to protect the right to freedom of movement in the 1966 case of United States v guest the Supreme Court has specifically ruled that the constitutionally protected right to freedom of movement does not imply a right to use any particular mode of travel such as a motor vehicle in the 1915 case of Hendrick V Maryland the court unanimously held that in the absence of national legislation covering the subject a state may rightfully prescribe uniform regulations necessary for Public Safety and order in respect to the operation upon its highways of all Motor Vehicles those moving in interstate commerce as well as others this ruling essentially empowered States to dictate their own legislation and enforcement regarding the use of its public roadways and evolved to create the modern-day traffic stop scenario just about everyone who operates a motor vehicle or is a passenger in one has been or will be stopped by a police officer a traffic stop is considered a seizure under the Fourth Amendment of the Constitution and any police officer conducting a stop must have reasonable suspicion that a crime or violation has occurred or is about to occur as per Terry V Ohio good evening officer housing gone did you know you were swerving between lanes actually I think it said 40 this is car 15 I'm gonna need backup I've got a stolen vehicle here but this is my car suspects getting belligerent what the 1981 case of United States v Cortez ruled that a vehicle can also be stopped if an officer has reason to believe that one or more of the occupants are suspects in a crime in most cases when a vehicle is stopped the driver is the target of the seizure and the passenger is collaterally seized by the officer conducting the stop which often begs the question can a passenger be detained during a traffic stop the short answer is yes the 1997 case of Maryland v Wilson granted officers the authority to control the movement of passengers until a traffic stop is completed in the 2005 case of United States v Williams the Ninth Circuit Court of Appeals held that an officer can order a passenger in a vehicle who was trying to exit and leave a traffic stop back into the vehicle reasoning that allowing a passenger or passengers to wander freely about while a lone officer conducts a traffic stop presents a dangerous situation by splitting the officers attention between two or more individuals and enabling the driver and/or the passengers to take advantage of a distracted officer the court ruled that the need for an officer safety and ability to exercise control over the occupants in a stopped vehicle outweighs the minimal intrusion into the passengers Liberty although an officer can control the movement of a passenger by ordering them to remain inside or exit the vehicle that does not dissolve the passengers rights in the 2007 case of brendlin V California the Supreme Court held that all occupants of a stopped vehicle are subject to seizure and retain certain rights during a traffic stop in most cases passengers of Motor Vehicles possess the same rights as the driver these rights include the right to be free from unreasonable or illegal searches by law enforcement the right to remain silent and not answer questions by the police the right to challenge the legality of a stop in court and the right to challenge the legality of any search after the stop in court drivers are generally responsible for what is in the vehicle that they are operating for example a driver may be held responsible for any illegal substances or contraband found in their backseat passengers are not held to the same standard of responsibility over such items unless they are the owner of the vehicle are within immediate reach of the items or there is some other flagrant indication of ownership which ties the items to the passenger depending on the type of stop that occurs and the subsequent investigation the passenger may have additional rights but is a passenger required to identify themselves upon request you're obligated when you're in a motor vehicle to present your ID where you're driving when you're in the motor vehicle yes right now can I see what law is that in 2019 the Ninth Circuit Court of Appeals held that a demand for a passengers identification is not part of the mission of a traffic stop and an officer may not extend the length of a traffic stop simply because a passenger refuses to present identification in the case of United States versus Landeros however there are certain circumstances which may grant officers the authority to demand a passenger to identify themselves if an officer has a reasonable suspicion that a passenger has committed his committing or is about to commit a crime then he may require them to identify themselves for example if an officer approaches a stopped vehicle and notices the passenger is covered in someone else's blood then the officer may lawfully demand to cede their ID furthermore if a passenger becomes an element of an investigation following a routine traffic stop they may be required to produce identification for example if an officer approaches a stopped vehicle and notices that the inside of the car is covered in blood then the officer may lawfully identify the passenger if you are a passenger and an officer asked for your ID it is a good rule of thumb to ask the officer if they suspect you of committing a crime what kind of committing am I free to go you're being detained for what what crime you suspect me of comity bear in mind that law enforcement officers are not required to tell you what crime they suspect you of committing in order to identify you although officers must have reasonable and articulable suspicion that a crime has occurred they may choose to withhold their reasoning until the case reaches the courtroom if an officer advises you that they do indeed have reasonable suspicion then you must produce your ID regardless of whether or not you believe their suspicions to be accurate however if an officer tells you that they do not suspect you of having committed a crime then you are not required to identify yourself but what about sobriety tests do passengers have the right to refuse alcohol or drug testing the answer is yes if a vehicle is stopped for suspicion of DUI the passenger may refuse any testing by police to determine their intoxication level the driver however may not be able to refuse depending on the state because the potential crime being investigated by police is whether the driver was impaired while driving the passengers intoxication is irrelevant to such an investigation thus a passenger may refuse any alcohol or drug tests without being subjected to any license suspension or arrest for refusing legal writer an attorney at law Loren Wallis highlighted simple steps that can be taken when interacting with law enforcement officers as a passenger during a traffic stop which can greatly impact the outcome of the encounter always be polite and respectful with police even if they are not never interfere with the search by police or an arrest of someone else do not resist an arrest even if you believe it to be illegal do not run away or make sudden movements when police have ordered you to stay or keep your hands visible do not answer any questions or make any statements to police if you do not wish to do so you have the right to remain silent and they may be able to use your answers and statements against you later in court ask the officer if you can leave and if permitted do so calmly during any interaction with police it is important to remain calm and remember to fight your battles against injustice in the courtroom and not on the street police are given a lot of authority to control a potentially dangerous or criminal situation your appropriate behavior can keep you safe and put you in a better position to challenge any illegal police activity later in court let us know if there's an interaction or legal topic you would like us to cover in the comments below and don't forget to Like and subscribe for more police interaction content [Music]

Channel: Audit the Audit

Views: 1,508,484

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, news now houston, police fail, 1st amendment audit fail, auditor arrested, police brutality, highdesert community watch, news now patrick, passenger identification, sobriety test, show id to police, show id, dui, passenger

Id: 0rkiFLF3lb4

Length: 11min 47sec (707 seconds)

Published: Fri Jul 12 2019