Minneapolis, MN asked in Criminal Law and Domestic Violence for Minnesota

Q: can passengers be asked their info during a stop while in a Uber?

My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car and came back arrested him cause he wasnt “John” but the person violating the order

-Is it legal for them to ask passenger info when driver breaks law not passenger?

Could this get the case thrown out?

Do you ever have to give info as the passenger?

Danco info i called the cops over an incident that happened between my boyfriend and Stearns county placed a danco and I ended up asking for it to get dropped and it was. during that time before it was dropped we got caught in wright co. It started a new protective order for that county. Even tho the original got dropped there’s another one in another county since we got caught even tho I’ve called and asked for it to be dropped multiple times

2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: There’s a lot to unpack here and situations like this are very fact specific. Reach out directly to a criminal defense attorney for help. But this is far too complicated to address on an online forum.

Thomas C Gallagher agrees with this answer

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Assuming a lawful stop of an Uber driver, can police lawfully ask a passenger for identification information? Generally, yes - unless the detention was unreasonably prolonged or intensified. Can the passenger refuse to provide that information? Generally yes. However, in my experience at least 99% of people will not exercise their right to silence and instead will produce the requested information. Once they do provide it, the state's attorney will say they waived their right to silence. Even though those issues may not carry the day, there may be other legal issues that will. But that will require a criminal defense lawyer's hard work.

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