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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.


TOPICS: Chit/Chat
KEYWORDS: donutwatch
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To: GreyMountainReagan; IrishCatholic; Domandred
Get used to hearing, “Your papers comrade.”

People with your attitudes will bring us to that point.

Do you lick everyone’s boots that ask you to?

You really think they have to ask?

61 posted on 01/24/2009 11:41:46 PM PST by Gigantor (Sunni or later, shiite happens...)
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To: IrishCatholic

you are either a cop, a jackass or both...


62 posted on 01/24/2009 11:45:26 PM PST by steel_resolve (We are living in the post-rational world where being a moron is an asset)
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To: Domandred

63 posted on 01/25/2009 12:12:12 AM PST by rednesss (Fred Thompson - 2008)
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To: GreyMountainReagan

Glad to see your not over the top with your imagry or anything.


64 posted on 01/25/2009 12:38:07 AM PST by IrishCatholic (No local communist or socialist party chapter? Join the Democrats, it's the same thing.)
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To: IrishCatholic
"Next time, be polite and helpful and not a jerk. Apologize to your wife."

Go away you boot licking wanker. Stop and identify laws, if one exists in his state, are usually worded to give police the authoritah to detain citizens encountered “under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime”

Now obviously the mere fact of being a passenger in an automobile involved in a minor fender bender does not rise to any discernible level of reasonable suspicion that the person is committing or about to commit a crime.

I can only hope that one day someone lodges a taser up your backside, sideways. I seriously hope that you reconsider your police-state rantings that are ironically posted on a site named FREE REPUBLIC.

Resist your salivating glands. Take pride in your freedom loving heritage. Thank God that our founding fathers had orders of magnitude more spine than you.


65 posted on 01/25/2009 12:38:42 AM PST by rednesss (Fred Thompson - 2008)
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To: Domandred

Wow, way to stretch it out there ace.
Histrionics, line one, histrionics...


66 posted on 01/25/2009 12:39:28 AM PST by IrishCatholic (No local communist or socialist party chapter? Join the Democrats, it's the same thing.)
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To: GreyMountainReagan
“May the chains rest lightly on your back and may your posterity never know you existed.” Sam Adams.


67 posted on 01/25/2009 12:40:13 AM PST by rednesss (Fred Thompson - 2008)
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To: rednesss

Laughing at you.
Read a book once in a while. Learn critical thinking. Then get back to me.
Keyboard warriors always make me smile.


68 posted on 01/25/2009 12:40:58 AM PST by IrishCatholic (No local communist or socialist party chapter? Join the Democrats, it's the same thing.)
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To: steel_resolve

Either you are an inmate, or a loser, or both.
We agree on something then.


69 posted on 01/25/2009 12:41:47 AM PST by IrishCatholic (No local communist or socialist party chapter? Join the Democrats, it's the same thing.)
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To: IrishCatholic
Be gone bootlicker.


70 posted on 01/25/2009 12:44:11 AM PST by rednesss (Fred Thompson - 2008)
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To: Domandred

Get an ID.
Show the ID.

If you don’t drive, get an ID card.


71 posted on 01/25/2009 12:55:27 AM PST by Cindy
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To: Domandred

http://itd.idaho.gov/DMV/DriverServices/driver_license_facts.htm

“Idaho Driver’s Licenses
and Identification Cards
FACT SHEET”


72 posted on 01/25/2009 1:08:46 AM PST by Cindy
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To: Cindy
“Get an ID.
Show the ID.

If you don’t drive, get an ID card.”
________________________________________________
Please tell me you are being sarcastic. Please.
If so, good.

If you truly mean this I have a few questions to ask you?

How old are you?
What country do you think you live in?
Are you a recent immigrant who does not understand what the word FREEDOM means?
Please go to the public library and read our Constitution, our Declaration of Independence, maybe even pick up an old-school type 1st grade level history of the US book.

I am truly shocked by some of the responses on this thread.
The only explanation is that they are not American.
I really expected more knowledge and understanding of FREEDOM by people who are members of a site called FREE REPUBLIC. What a wake-up call this has been for me.

73 posted on 01/25/2009 1:16:53 AM PST by Aurorales
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To: Cindy

“Get an ID.
Show the ID.
If you don’t drive, get an ID card.”

I do not know about all states, but living 60 years in Tennessee, I never, ever heard of any law requiring one to
always have an ID. This is not the Soviet Union !
DRIVING a car, buying liquor, sometimes when voting, and maybe
when in a members only situation, it is fine. Any other time, they can get stuffed.


74 posted on 01/25/2009 1:19:57 AM PST by AlexW (Now in the Philippines . Happy not to be back in the USA for now.)
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To: Cindy
"Your papers, please."

Governments are always benign aren't they???

75 posted on 01/25/2009 1:21:56 AM PST by rednesss (Fred Thompson - 2008)
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To: Aurorales

I’m an adult, responsible, common-sense-filled housewife.

If a leo asks for my ID; I show it to him.
If he doesn’t; I don’t.

Life is simple.

As for the gentleman who was the passenger;
he didn’t need to show his ID.

The officer was probably filling out a form and getting id’s from all who were involved.

Now as for you Auroales, next time you address me;
address me as one adult to another. Do not talk down
to people; it’s juvenile and obnoxious.


76 posted on 01/25/2009 1:26:52 AM PST by Cindy
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To: AlexW

“...never, ever heard of any law requiring one to
always have an ID.”

Neither have I Alex.

I should have put the word “Suggestion” on my post.

From age 10-16, I always carried my social security
card and my library card in my purse or backback.
This was and is common.

From age 16 on, I have always had an id card or driver’s
license. It was/is the responsible thing to do.


77 posted on 01/25/2009 1:30:34 AM PST by Cindy
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To: Cindy
"If a leo asks"

Hmmmmm, that's probably one of the biggest problems this country has. You know back in the day we didn't have Law Enforcement Officers, we had Peace Officers. I pray for the day that we go back to having Peace Officers instead of what we really have now, which isn't LEO's but REO's, Revenue Enhancement Officers.

78 posted on 01/25/2009 1:32:43 AM PST by rednesss (Fred Thompson - 2008)
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To: Domandred; All
The case is Hiibel v. Sixth Judicial District Court of Nevada (2004)

"As we understand it, the statute does not require a suspect to give the officer a driver's license or any other document. Provided that the suspect either states his name or communicates it to the officer by other means--a choice, we assume, that the suspect may make--the statute is satisfied and no violation occurs."

The SCOTUS decision in Kolender v. Lawson (1983) struck down a law requiring 'credible and reliable' identification.

Unless someone can show me differently I am convinced that yes you do have to give your name, but are not legally obligated to produce any form of identification, especially if you are the passenger of a vehicle and not under actual suspicion of anything.

Interesting info here as well:

http://www.flexyourrights.org/frequently_asked_questions#07

79 posted on 01/25/2009 1:32:57 AM PST by Domandred (Hope is the first step on the road to disappointment.)
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To: Cindy

That tells how to get a DL and what’s required to get one. It does NOT say when it must be produced, nor does it say it has to be produced if you are the passenger of a vehicle.

Find me the law that says I have to have an identification.


80 posted on 01/25/2009 1:36:38 AM PST by Domandred (Hope is the first step on the road to disappointment.)
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