Q: When stopped for a traffic violation can police detain me for failing to provide any ID? Any case law re: same?
After being stopped for a traffic violation (stop sign) a officer requested identification which was refused to be given. Officer stated that the driver can be held in custody until he was properly identified so that a traffic ticket could be issued. Eventually ID was given and the driver was given several tickets for other equipment violations as well. Is there a specific case law or opinion that allows law enforcement in New York to detain a person for the purposes of identification to issue a traffic ticket?
A:
In New York, when a police officer stops a driver for a traffic violation, the officer has the authority to request identification. This is to ensure that the driver can be properly identified for the purpose of issuing a traffic ticket. Refusing to provide identification can lead to further legal complications, including the possibility of being detained.
There isn't a specific case law that universally addresses this scenario, but the principle is supported by the broader legal framework that allows police to enforce traffic laws. The authority of police officers to detain individuals temporarily for identification purposes has been upheld in various contexts, especially when it's necessary to issue a citation or to confirm the identity of a person suspected of violating the law.
The key factor in such situations is the reasonableness of the stop and the duration of the detention. The U.S. Supreme Court has held in cases like Terry v. Ohio (1968) that officers can conduct brief investigative stops when they have a reasonable suspicion that a person has committed, is committing, or is about to commit a crime.
If you feel that your rights were violated during a traffic stop, or if you have concerns about the legality of the detention, it may be beneficial to consult with an attorney. An attorney can review the specifics of your case and advise you on the best course of action, including whether there are grounds to challenge the stop or the citations issued. Remember, each situation is unique and should be evaluated based on its own facts and circumstances.
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