School Me on ID

[safewaysecurity]

If you violate any law you are expected to have identification. If you don't have it you can be held in custody.

Incorrect... you can provide the same information... ID is NOT required.

[Samuelx]

Incorrect... you can provide the same information... ID is NOT required.

By what means would you be providing the same information?

[safewaysecurity]

By what means would you be providing the same information?

Tell them your name DOB address that's all

[Samuelx]

Tell them your name DOB address that's all

Not good enough.

[Ron-Solo]

Tell them your name DOB address that's all

And enjoy the ride to jail at the officer's discreation.

[safewaysecurity]

I'm not saying you are not required to provide ID while operating a motor vehicle. I am saying ID is ONLY required while operating a motor vehicle. Luckily we do not have a national ID card yet.

[Ron-Solo]

Well, if you are a passenger and do something like toss something out the window or not having your seatbelt on, you are in violation of the law and subject to citation.

If you can not, or refuse to ID yourself, you can be "Off To See The Wizard" faster than you can say "Yellow Brick Road" so choose your actions carefully in that situation.

[Mstrty]

Well, if you are a passenger and do something like toss something out the window or not having your seatbelt on, you are in violation of the law and subject to citation.

If you can not, or refuse to ID yourself, you can be "Off To See The Wizard" faster than you can say "Yellow Brick Road" so choose your actions carefully in that situation.

So Im to understand. If you are a criminal, (ie. committing a crime like failing to wear a seat belt or littering) you would be required to provide ID.
If an officer is on a fishing expedition and attempting to satisfy his curiosity, you are not required by law to comply with his requirements. (you are still going for a ride cause an officers authority has been challenged) Am I correct?

[Triad]

So Im to understand. If you are a criminal, (ie. committing a crime like failing to wear a seat belt or littering) you would be required to provide ID.
If an officer is on a fishing expedition and attempting to satisfy his curiosity, you are not required by law to comply with his requirements. (you are still going for a ride cause an officers authority has been challenged) Am I correct?

Be sure to ask the copper if he is on a "fishing expedition," if only to clarify what situation your in.

[Mstrty]

Be sure to ask the copper if he is on a "fishing expedition," if only to clarify what situation your in.

Funny Im sure that will work out just fine. <sarcastic>

[Ron-Solo]

So Im to understand. If you are a criminal, (ie. committing a crime like failing to wear a seat belt or littering) you would be required to provide ID.
If an officer is on a fishing expedition and attempting to satisfy his curiosity, you are not required by law to comply with his requirements. (you are still going for a ride cause an officers authority has been challenged) Am I correct?

I'm not going to play silly word games. Here is the California Vehicle Code section that applies to traffic citations should you refuse or are unable to satisfactorily identify yourself. Anyone who wants to play word games on a traffic stop better be ready to take the ride.

40302 CVC Whenever any person is arrested for any violation of this
code, not declared to be a felony, the arrested person shall be taken
without unnecessary delay before a magistrate within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and is nearest or most accessible
with reference to the place where the arrest is made in any of the
following cases:

(a) When the person arrested fails to present his driver's license
or other satisfactory evidence of his identity for examination.

(b) When the person arrested refuses to give his written promise
to appear in court.

(c) When the person arrested demands an immediate appearance
before a magistrate.

(d) When the person arrested is charged with violating Section 23152.

[tyrist]

I'm not saying you are not required to provide ID while operating a motor vehicle. I am saying ID is ONLY required while operating a motor vehicle. Luckily we do not have a national ID card yet.

Wrong; Satisfactory evidence of identification is required for any field cite out.

[Mstrty]

I'm not going to play silly word games. Here is the California Vehicle Code section that applies to traffic citations should you refuse or are unable to satisfactorily identify yourself. Anyone who wants to play word games on a traffic stop better be ready to take the ride.

40302 CVC Whenever any person is arrested for any violation of this
code, not declared to be a felony, the arrested person shall be taken
without unnecessary delay before a magistrate within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and is nearest or most accessible
with reference to the place where the arrest is made in any of the
following cases:

(a) When the person arrested fails to present his driver's license
or other satisfactory evidence of his identity for examination.

(b) When the person arrested refuses to give his written promise
to appear in court.

(c) When the person arrested demands an immediate appearance
before a magistrate.

(d) When the person arrested is charged with violating Section 23152.

Help me understand how a passenger gets cited for not committing any violations to the vehicle code? or Any violation for that matter. Remember we are only talking about passengers doing nothing wrong other than being in a car being driven by someone with ID and cooperating with law enforcement. I'm only interested in figuring our the rights of the passenger. Some have contributed accurate code and case law. Thanks, I believe I understand the way that makes cops comfortable is simply complying with all commands promptly.
How does one comply with his/her right to privacy, preserving their 4th amendment rights with the officers commands at the same time?

Does a passenger when asked for ID able to respond: "Am I being detained or am I free to go?" without violating law. I know he/she is going for a ride. that's not the issue. The issue is what CA law is violated?

[Ron-Solo]

There are many violations of the vehicle code that apply to passengers.

[masameet]

In the case of Brendlin the LEO said he stopped the vehicle because he thought the registration was invalid. No current tag was on the plate but on inspection a valid temporary reg paper tag was displayed on the vehicle's rear window. The officer also said he recognized the passenger as being one of the Brendlin boys, one of whom was on parole. And the passenger was indeed the parolee, with an outstanding warrant. On Brendlin was found a syringe. Other drug paraphernalia was found inside the car and on the driver. So they were both arrested. Brendlin was charged with possession and manufacture of meth. He moved to suppress the evidence as fruits of an illegal search -- no probable cause for the stop -- but pleaded guilty while reserving his right to appeal on the suppression motion. But the trial court judge denied the suppression motion, reasoning that Brendlin was initially "seized" at the point he was removed from the car and arrested. The CA appeals court reversed the trial court judge's ruling. The State took the case to the CA Supreme Court, which reversed the appeals court ruling, saying the trial court judge's ruling on suppression was correct: "a passenger is not seized as a constitutional matter in the absence of additional circumstances that would indicate to a reasonable person that he or she was the subject of the peace officer's investigation or show of authority." Brendlin took the case to the SCOTUS and lost, with the SCOTUS echoing the trial court judge's ruling on suppression but still leaving open the right of a passenger to contest his arrest.

Morale of this story: Don't knowingly let parolees into your car.