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?
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.
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