question about getting pulled over and rights of passengers

[sly409]

Just want to know if this was legal and if its common.

So I remembered when I was in my friends car several years ago and he got pulled over for having his front driver/passenger windows tinted. He was driving and I was in the passenger seat. At the time he drove a '90 something Lexus SC coupe. Anyways we got pulled over and the cop does the usual license and registration thing. After he gets my friends info he looks at me and asks me for my license. Im thinking to myself wait a minute, I'm just a passenger why am I getting asked for information. So I ask him "with all due respect sir, why are you asking me for my id? I'm not driving" and he snaps back with "Because you might be a cop killer!" I'm so shocked at that response that I don't push it and just gave in. Meanwhile I hear his partner laughing in the background. Anyways, he takes my license and spends a lot longer running it than my friends. We joke that maybe I got an unpaid parking ticket or something or that he's really trying to dig deep to find some dirt on me or something but later he comes back looks at me and just throws the license back at my face...literally. I handed my license to him and he throws it back in my face.

So my question is:
1)is it common for cops to ask passengers for their ID?
2)and is it legal?
3)did he have the right to ask ME for my id even though I was the passenger and my friend got pulled over for tint and I did nothing to give him any probable cause that I was some "cop killer"

I've been pulled over in the past as a driver for speeding with passengers in my car but never once did any of them get asked for id so I'm wondering if he was just singling me out.

All I need is an honest and simple answer yes or no.

I don't want this to turn into a "you didn't tell the whole story, stop cop bashing" thread. I'm not here to bash anyone, its just something thats bothered me for a while because I never got an answer from the cops when I filed a complaint against that cop for being rude. Of course being rude isnt a crime but it does make a difference on what the community thinks of the police especially when they get cops with attitudes like that. I'm sure any officer would think negatively of a civilian if we gave that same attitude towards them for no reason too. Thanks in advanced folks.

oh yea and just to be clear, both my friend and I do know that my friend was in the wrong for having tinted windows, in no way am I implying that he was completely innocent and that he shouldnt have been pulled over or anything like that. I know that. This question strictly applies to me and my situation. thanks

[biochembruin]

1)is it common for cops to ask passengers for their ID?
2)and is it legal?
3)did he have the right to ask ME for my id even though I was the passenger and my friend got pulled over for tint and I did nothing to give him any probable cause that I was some "cop killer"

1: Yes, ofcrs can ask for ID. Passengers are detained during a traffic stop.
2: It's legal.
3: Yes, an ofcr can ask, and absent some additional probable cause to detain the passenger, the passenger can refuse.

Some of these issues have been discussed here:

http://www.calguns.net/calgunforum/showthread.php?t=336153

[Sniper3142]

Just want to know if this was legal and if its common.


So my question is:
1)is it common for cops to ask passengers for their ID?

Yes, it is common for police to ask passengers for ID.

2)and is it legal?

Yes it is legal for them to ask.

3)did he have the right to ask ME for my id even though I was the passenger and my friend got pulled over for tint and I did nothing to give him any probable cause that I was some "cop killer"

Yes, they can ask you for ID. If you are just a passenger in a vehicle, you have no legal obligation or requirement to either have ID on you; nor do you have to present it to any LEO upon their request/demand.

[sly409]

great thanks guys, those were the answers I was looking for.

[SVT-40]

Do keep in mind there may be a reason you are not aware of which would allow the officer to demand identification.

So before you jump tough you might politely ask "why". If he insists give him your ID.

After the stop is over and if you have questions That is the time to ask the officer any questions about how you were treated.

[sly409]

Do keep in mind there may be a reason you are not aware of which would allow the officer to demand identification. and that gives them the right to be rude? I already deleted that terminology in your OP, so don't repeat it. retired

So before you jump tough you might politely ask "why". If he insists give him your ID. look buddy, you obviously did not read my post I did ask why.So I ask him "with all due respect sir, why are you asking me for my id? I'm not driving" and he snaps back with "Because you might be a cop killer!"

After the stop is over and if you have questions That is the time to ask the officer any questions about how you were treated.

No other answer was given and since he didn't find any dirt on me or see that I was a "cop killer" he threw my license back in my face, gave my friend a fix it ticket and started to walk away. I told him I wanted his badge number and he just gave me a business card instead (again throws it at my face instead of just handing it to me) which i used to get his information and file a formal complaint against him.

Got no response from the police department so it pretty much sends the message that the officers have the right to be rude to civilians and get away with it and no explaination is required...

[FLIGHT762]

I don't want this to turn into a "you didn't tell the whole story, stop cop bashing" thread. I'm not here to bash anyone,

Quote:
Originally Posted by SVT-40
Do keep in mind there may be a reason you are not aware of which would allow the officer to demand identification. and that gives them the right to be rude?

So before you jump tough you might politely ask "why". If he insists give him your ID. look buddy, you obviously did not read my post I did ask why.So I ask him "with all due respect sir, why are you asking me for my id? I'm not driving" and he snaps back with "Because you might be a cop killer!"

[sly409]

Quote:
Originally Posted by SVT-40
Do keep in mind there may be a reason you are not aware of which would allow the officer to demand identification. and that gives them the right to be rude?

So before you jump tough you might politely ask "why". If he insists give him your ID. look buddy, you obviously did not read my post I did ask why.So I ask him "with all due respect sir, why are you asking me for my id? I'm not driving" and he snaps back with "Because you might be a cop killer!"

I already see the direction this post is heading. I got my answer from the first 2 posters already. Then svt-40 comes in telling me I should have asked them why politely. So I have to point out to him because he obviously did not read my earlier post that I DID ask politely and did not get an answer.

so because I say this particular cop had a rude attitude I all of a sudden am bashing cops?

funny how certain folks on here are so quick to turn on a person for having an opinion.

mods feel free to lock this, I'm sure any other posts by others arent going to be helpful.

[FLIGHT762]

If I was treated the way you described you were by a Police Officer, I would have also filed a complaint against the Officer, if after you didn't hear anything after a while, I would have followed it up. He got away with it because you should have kept on them about it.

[sly409]

If I was treated the way you described you were by a Police Officer, I would have also filed a complaint against the Officer, if after you didn't hear anything after a while, I would have followed it up. He got away with it because you should have kept on them about it.

Its sad that I would have to follow up with law enforcement after I file a formal complaint. Probably better off writing the local newspaper instead.

Just goes to show you their lack of involvement in community relations. Makes me wonder how many other formal complaints are put on the back burner or even acknowledged. This of course is strictly speaking of the specific department I filed the complaint with.

[SVT-40]

sly409, Man you really took my post wrong. Quite a chip you have there.

I was not referring to your original post or anything about "you". I was giving general advice.

In all situations where you believe you were "wronged" by the police by all means go in and make a complaint.

So since you made this about "you". Just what do you know related to police complaints and the lawful way they are investigated?

Now once you file a complaint , just what do you expect to happen?

Do you know the procedure which is followed?

Do you have even the remotest idea how long complaints take to fully investigate?

Do you have any idea just what you are entitled to hear about the complaint once it's been fully investigated and the findings are final?

If you expect an immediate reply ,you will be disappointed. It may take months for the investigation to be final. In the end you will be notified whether the allegation was sustained, not sustained or was found to be unfounded.

By law you are not entitled to know what type of punishment was levied.

[yzErnie]

Got no response from the police department so it pretty much sends the message that the officers have the right to be rude to civilians and get away with it and no explaination is required...

Without inflection in my words and please do not interpret any into them:

Do you have factual information the complaint has been ajudicated or is that just an assumption on your part?

Its sad that I would have to follow up with law enforcement after I file a formal complaint.

If you ordered a part from a company and you never received it would you contact them and inquire? Same scenario here and it would be my suggestion that if you filed a formal written complaint that you call that department's Internal Affairs section and politely inquire about your complaint. Due to fair labor standards laws, they will not be able to tell you specifics if he was disciplined.

[planedude86]

It is odd, but not uncommon, for the OP to not hear the status of his complaint. Since this complaint was filed several years ago, it certainly would have been adjudicated by now. I would suggest contacting the department's IA/PSB/etc to determine what happened. Also, some departments have publicly available discipline summaries. Perhaps you could try to locate the disposition of your complaint there.

[sly409]

I'm in no way looking for the officer to be punished or anything like that. Actually the only response I was really expecting was maybe just a courtesy call from the community relations department or somthing to inform me that they received the complaint and was looking into it. Thats really it. The officer in no way commited any crime so I see no reason for him to be punished. Maybe just be told something like "be a little nicer to people you pull over". I wanna give him the benefit of the doubt and assume that maybe he had a rough day or week or whatever. I mean I know its hard to think that especially when you hear them laughing at you after they make comments like "because you could be a cop killer". But whatever, I don't know him, I don't know his situation. I just always thought that if you gave someone respect that they should in turn give it back. Thats all really.

[sly409]

sly409, Man you really took my post wrong. Quite a chip you have there.

I was not referring to your original post or anything about "you". I was giving general advice. I see...if you were truly giving "general" advice then I apologize if I came off wrong. I just figured I was the only person asking questions so you were probably responding to just me.

In all situations where you believe you were "wronged" by the police by all means go in and make a complaint. Check

So since you made this about "you". Just what do you know related to police complaints and the lawful way they are investigated? I know nothing about what happens to the complaints once I hand it over to them because I never hear back from them.

Now once you file a complaint , just what do you expect to happen? expect? nothing more than a call or something saying they will look into it.

Do you know the procedure which is followed? nope

Do you have even the remotest idea how long complaints take to fully investigate? nope

Do you have any idea just what you are entitled to hear about the complaint once it's been fully investigated and the findings are final? I know I'm not entitled to hear any details of what happens to the person that gets the complaint against them. Same as any job.

If you expect an immediate reply ,you will be disappointed. It may take months for the investigation to be final. In the end you will be notified whether the allegation was sustained, not sustained or was found to be unfounded. I wasnt expecting an immediate reply but like I said, this was several years ago and no response. I don't expect to hear them call me and say he got punished or anything. Thats none of my business. All I expect is just a call acknowledging they got my complaint. What they do with it afterwards I have no control over.

By law you are not entitled to know what type of punishment was levied. I know that already.

So I'm wondering, were those all genuine questions or just an attempt to belittle me? Honest question.