Q: If I get pulled over and the police officer asks for my passenger Drivers license does my passenger have to get it to
The police officer. If not what can I say?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (404) 567-5515
- View Profile
- Answered
A:
A passenger can challenge the police officer's BASIS for using blue lights to pull over a car. Brendlin v.California, 551 U.S. 249, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007).
A passenger's luggage cannot be searched, without a warrant. Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979).
Several other U.S. Supreme Court cases have established the rules for patdown of clothing of a passenger, or search of that passenger. Maryland v. Wilson, 519 U.S. 408, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997). Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009).
If more that asking name and address and a patdown of clothing to assure no weapon is within reach (and a threat to the officers) the officer would need to have credible information about the occupants and their illegal activity or crime affiliation to go further. Similarly, if the police officer wants a search warrant, he or she must be able to verbalize credible evidence of reasonable suspicion of criminal activity, and the vehicle driver and passenger cannot be held too long (i.e., longer than 30 minutes).
However, as in ALL case, UNTIL a person is in custody, such as being cuffed or placed in the back of a police car, then police can ask questions, BUT the person need only give name and address. Talking to police is how most people end up in jail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
