Withholding ID landed 1 passenger in handcuffs during a traffic stop
It was a tense standoff: Three sheriff’s deputies in Florida had stopped a pickup truck. After getting the driver’s license and registration, Deputy James Dunn asked the front seat passenger for identification. The young man refused, and was taken away in handcuffs for “resisting” the police officer.
The above incident was not only captured on TV as part of A&E’s “Live PD” reality show, but it was immortalized as an extended legal battle. Marques Johnson was the man arrested, and he sued the deputies for their actions and the sheriff for negligent hiring and supervision.
Marques had originally argued he was “merely a passenger in the vehicle and was not required to identify himself.” The state court agreed that without evidence of a crime, Florida police can’t demand a passenger’s identification. But as the battle reached the Federal level, it became clear that different states have different laws.
When a police officer completes a traffic stop, they are gathering evidence for a suspected crime. If this crime is speeding, then the passenger is in no way a suspect. But there are other investigations in which the passenger may be involved. And in this case, the police absolutely can demand identificaiton.
Here are the laws passengers must obey, no matter the circumstances: In Arizona v. Johnson (555 U.S. 323 (2009)) the Supreme Court ruled that all vehicle occupants are “detained” for the duration of the traffic stop: Passengers can’t get out and walk away without express permission from the police. In Pennsylvania v. Mimms, 434 U.S. 106 (1977), the Supreme Court ruled that to control the situation, police can demand drivers or passengers exit the vehicle with no further explanation or evidence of a crime. Conversely, they can demand everyone stays inside the vehicle.
What about providing identification? Nationwide laws allow police to request passengers’ identification. But not to require it. Otherwise it violates your fourth amendment right to not face unreasonable searches and seizures: United States v. Carpenter (462 F.3d 981 (8th Cir. 2006)), “a request to see identification is not a seizure, ‘as long as the police do not convey a message that compliance with their request is required.’”
To this end, creative police officers might “invite” a passenger to present identification to “document their presence” at the scene so they can act as a witness on the driver’s behalf later. If the driver doesn’t have a valid license or is arrested, the officers may ask to see a passenger’s license if the passenger plans on driving the vehicle away from the scene. Finally, certain states may have laws that require passengers to identify themselves.
When Dunn’s case was seen by a federal court, the presiding judges disagreed and one made the case that if they can’t sort out the law, they can hardly expect local police officers to be able to. So if a police officer asks for a passenger’s identification, it’s within your rights to clarify if it is a request or demand. But if they tell you they are demanding it, it’s a good idea to comply. If they are mistaken, you may be able to win in court later. But by the side of the road, resisting such a demand could land you in handcuffs just like Marques Johnson.
