Christopher M.
New member
You should always frisk hot chicks. That's important.
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Car accident=roommate arrested=our lives fucked for a while
- Thread starter Christopher M.
- Start date
Horny Porcupine :)¤FC¤
New member
The OP didn't say anything about frisking.
Also, a traffic stop is not considered a seizure. You have not been taken into custody, and you're not being detained. Therefore asking to see ID from everyone and checking backgrounds is not a violation of any rights.
Sounds reckless to me. The last thing you want to do when someone pulls a dick move like that is speed up and go around. Especially on a curve.
BTW I apologize if you feel like I'm trying to vilify you; I'm just making a point.
Also, a traffic stop is not considered a seizure. You have not been taken into custody, and you're not being detained. Therefore asking to see ID from everyone and checking backgrounds is not a violation of any rights.
Sounds reckless to me. The last thing you want to do when someone pulls a dick move like that is speed up and go around. Especially on a curve.
BTW I apologize if you feel like I'm trying to vilify you; I'm just making a point.
To further amend this thread with genuine information regarding When you have to show an ID?:
This is a tricky issue. As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind.
Nonetheless, carrying an ID is required when you’re driving or flying. Driving without a license is a crime, and no one is allowed to board an airplane without first presenting an ID. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.
From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as 'stop and identify' statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI
Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity. Rather than asking the officer if he/she has reasonable suspicion, test it yourself by asking if you're free to go.
If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.
If the officer detains you, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.
Keep in mind that the officer's decision to detain you will not always hold up in court. ‘Reasonable suspicion' is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.
~~~
What are the rights of passengers during traffic stops?
Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct, and are generally free to leave, unless police become suspicious of them during the course of the stop.
Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. For this reason, passengers must remember to refuse search requests and refrain from answering questions without an attorney present. Police who suspect criminal activity will often separate the occupants of an automobile and question them separately. If their stories differ, this could lead officers to claim that they have probable cause to prolong the detention or conduct a search.
As with any other brief detention, the best way to handle this situation is to ask if you’re free to go.
This is a tricky issue. As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind.
Nonetheless, carrying an ID is required when you’re driving or flying. Driving without a license is a crime, and no one is allowed to board an airplane without first presenting an ID. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.
From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as 'stop and identify' statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI
Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity. Rather than asking the officer if he/she has reasonable suspicion, test it yourself by asking if you're free to go.
If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.
If the officer detains you, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.
Keep in mind that the officer's decision to detain you will not always hold up in court. ‘Reasonable suspicion' is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.
~~~
What are the rights of passengers during traffic stops?
Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct, and are generally free to leave, unless police become suspicious of them during the course of the stop.
Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. For this reason, passengers must remember to refuse search requests and refrain from answering questions without an attorney present. Police who suspect criminal activity will often separate the occupants of an automobile and question them separately. If their stories differ, this could lead officers to claim that they have probable cause to prolong the detention or conduct a search.
As with any other brief detention, the best way to handle this situation is to ask if you’re free to go.
Update: We just learned last night that our roommate is going to be released on bail within a week or so. The bail is set equal to his restitution, so when he goes to his court date the judge will throw it out because the restitution will be considered paid. Then this whole matter will be cleared up, and none of us will have to worry anymore. Woohoo!!
Razamvmt/mya
New member
Is this in accordance with the law, what a judge usually does in this situation or just what his attorney is hoping will happen?
Just curious. Not trying to rain on your parade. I'm glad it's going to work out.
Just curious. Not trying to rain on your parade. I'm glad it's going to work out.