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Question on requirement to present ID to police officer (vanity)
FR ^ | 1/24/2008 | Domandred

Posted on 01/24/2009 10:16:42 PM PST by Domandred

Buying a new house and today while we were over at the new place painting my wife backed our minivan into the next door neighbor's volvo. Great way to meet the new neighbors right?...ouch.

Anyways I was in the passenger seat watching right (wife pulled out left so I never saw the car).

When the police showed up the officer asked me for my driver's license.

I said "Sorry officer, I was a passenger, not driving, you don't need to see my driver's license." Yea she didn't like that.

The officer said "the DMV requires us to enter the driver's licenses of everyone in the vehicle that is involved in a traffic accident. I'll need to see it."

Being that the neighbors (including the guy across the street that wasn't involved at all) were all standing around now watching I decided to not press the issue as our neighbor approval rating is already sub-congress. I handed over my drivers license (reluctantly) and said "you really don't need to see my driver's license, but here it is anyways".

She tried to speak up some more and I said "it's fine you have it already it's done". Yea she didn't talk to me again.

I used to carry an ID on me (not driver's license) for times that I wasn't driving or planing on driving...like when I was planning on drinking, but don't have it anymore.

Now I know without a doubt that since I was not driving I had no legal obligation to produce a driver's license. The question is did I have to legally produce any ID or would name and such have been sufficient?

I seem to remember a supreme court case about this a few years ago.


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Thoughts?
1 posted on 01/24/2009 10:16:42 PM PST by Domandred
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To: Domandred
You were having a bad day.

You were being a jerk.

Not so bad the cop should have tazed you, but close.

Most states require the officer to get the ID from all occupants of the vehicle in case later it turned out you were a lying SOB and were driving after all. They include that on the state accident reports.

Next time, be polite and helpful and not a jerk. Apologize to your wife.

2 posted on 01/24/2009 10:22:03 PM PST by IrishCatholic (No local communist or socialist party chapter? Join the Democrats, it's the same thing.)
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To: Domandred

What state? I’m an atty and that’s a new one on me. Typically, you wouldn’t have to and it sounds like the cop was BSing you.


3 posted on 01/24/2009 10:22:19 PM PST by karibdes (It's not a perfect world. Screws fall out.)
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To: karibdes

Idaho


4 posted on 01/24/2009 10:23:36 PM PST by Domandred (Hope is the first step on the road to disappointment.)
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To: Domandred

You pose an interesting question. I’ve never heard of a passenger being required to produce a drivers license in a fender bender.


5 posted on 01/24/2009 10:24:29 PM PST by unkus
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To: Domandred

earlier thread on ID requirements

http://www.freerepublic.com/focus/f-chat/2158293/posts


6 posted on 01/24/2009 10:25:15 PM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: IrishCatholic

Wow. You seem to be the one having a bad day. He seemed reasonable and polite.

You seem to resemble a jerk by your attitude.


7 posted on 01/24/2009 10:26:24 PM PST by unkus
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To: Domandred
I can just see an officer who might have just been to
a bad crash and having to put up with a whiner like you!
8 posted on 01/24/2009 10:26:26 PM PST by HuntsvilleTxVeteran (!yaw gnorw eht su gnikat si noitartsinimdA amabO ehT)
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To: Domandred

See this.

http://www.cnn.com/2004/LAW/06/24/dorf.police.id/index.html

I’m not a lawyer and have never stayed at a Holiday Inn.

My gut says you didn’t have to comply, but she would have made your life miserable. Handing the ID over makes sense when a cop is breathing down your neck. Neat on the house. bummer on the car.


9 posted on 01/24/2009 10:26:52 PM PST by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Domandred

I was rear ended in Boston once a few years ago. My friend in the back seat wasn’t forced to produce her license. Names of occupants were taken (5 of us), but not her license info.


10 posted on 01/24/2009 10:27:07 PM PST by My hearts in London - Everett (Remember the 3 Rs: Respect for self; Respect for others; and Responsibility for all your actions.)
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To: Domandred

We live in the nearest thing to a police state without officially having one.

If an officer of that state walks up to you and commands you to bend over and grab the ankles, you damn well better do it. They have a way of making your life very uncomfortable if they see fit...


11 posted on 01/24/2009 10:28:13 PM PST by KoRn
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To: karibdes

I know that Alabama, and Louisiana require you to produce ID in a Fender Bender as well.


12 posted on 01/24/2009 10:28:44 PM PST by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: Domandred

Maybe it’s a state law thing? - (and perhaps your state did this out of concern re:illegal immigrants and car accidents, etc. I don’t know, just spitballing here).

I don’t think that’s the case here in Kentucky, but each state tends to be different.


13 posted on 01/24/2009 10:30:18 PM PST by IMissPresidentReagan (I no longer have a President. I just pray in four years I still have a country.)
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To: unkus

Not sure quite why you think an innocent person should be made to produce ID simply because they were at the scene of an accident? Should the cop have asked for legal ID from all the witnesses on the street also? It doesn’t seem to me to be rude or unreasonable to point out to a police officer that you don’t see why, as a simple bystander, there is a need to produce ID. When did we become such wimps in this land of the free that we just do what is ordered by police officers (rhetorical question).


14 posted on 01/24/2009 10:33:35 PM PST by My hearts in London - Everett (Remember the 3 Rs: Respect for self; Respect for others; and Responsibility for all your actions.)
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To: Domandred

Last I heard you don’t even have to have a driver’s liscence to be a passenger so the DMV couldn’t possibly require the police to enter “the driver’s licenses of everyone in the vehicle”.


15 posted on 01/24/2009 10:35:58 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Domandred
Why not just provide your ID? Do you think you have some God given right for anonymity in the U.S.? Why do you have a chip on your sholder?

You need to conduct yourself in such a manner not to want to hide you ID from any legitimate request to produce it. Excuse me for not being more gentle, and in a way I am sympathetic, but the police are very underpaid for the service they provide and some of the risks they take. Just go along with it, not an unreasonable request.

16 posted on 01/24/2009 10:36:18 PM PST by The_Media_never_lie
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To: My hearts in London - Everett

I think you meant to direct this to someone else. I agree with you.


17 posted on 01/24/2009 10:36:38 PM PST by unkus
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To: HuntsvilleTxVeteran
a bad crash

Actually no. Neither vehicle has any structure damage, just paint scrape.

18 posted on 01/24/2009 10:37:16 PM PST by Domandred (Hope is the first step on the road to disappointment.)
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To: The_Media_never_lie

Hard to believe you’ve been on Free Republic since 1999...


19 posted on 01/24/2009 10:39:23 PM PST by an amused spectator (Citizen Kenyan: The man who created The Sock-Puppet Constitution.)
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To: an amused spectator

You ain’t kidding!


20 posted on 01/24/2009 10:40:40 PM PST by My hearts in London - Everett (Remember the 3 Rs: Respect for self; Respect for others; and Responsibility for all your actions.)
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