Hyattsville, MD asked in Traffic Tickets for Virginia

Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

Related Topics:
2 Lawyer Answers

A: Generally the police don't need cause to ask questions. And you are free to refuse to answer questions. Although in certain scenarios you might face consequences for that such as vehicle accidents where there is a duty to provide some identifying information.

A: Federal courts have ruled that, during lawful a traffic stop, an officer may ask passengers for their identification. They justified this by describing such requests as "minimally intrusive" and in the interests of officer safety. And so while we may disagree with this authority, it is nevertheless something that an officer is allowed to do.

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.