Posted on 05/07/2017 3:25:53 PM PDT by mdittmar
The Utah Supreme Court has ruled police are allowed to ask for a passenger's identification and run a background check on them during a traffic stop — even without suspecting criminal activity.
In a 5-0 decision this week, justices overturned a 2014 district court ruling that argued such police actions were "beyond the scope of a routine traffic stop."
The ruling stems from a case involving Utah Highway Patrol Trooper Jeremy Horne, who stopped a car for an improper lane change. Horne collected IDs and ran a background check on the driver and the passenger, George Matthew Martinez Jr.
(Excerpt) Read more at sltrib.com ...
In this case it was not about the driver, it was about a passenger. The first court was right, there was no cause to search this person. He was not accused of a crime, he was not suspected of having committed a crime, only upon examination did the officer see there was an outstanding warrant which allowed the search.
This should and likely will be overturned.
I’m all about getting criminals off the street but I really like the 4th amendment and don’t want it watered down.
This isn't about the driver... this is about the passenger... big difference in my mind.
I'm surprised the officer didn't claim that he DID have reasonable suspicion... something like "I suspected that Mr. Martinez might be in the country illegally" or "Mr. Martinez acted like he was high on something and was hiding something".
Don’t have to speculate,more cops,drug dogs,more drama.
None of that has anything to do with the passenger, which is what this ruling is about.
It’s a GOOD thing, if a person with an expired license or no insurance is a passenger; that means he/she isn’t driving, posing a danger to others.
Except that you have the right to say no, also the right to not have an outstanding warrant, and the right not hang out with guys who get tickets. So really in the end it’s absolutely nothing like 1941 era Gestapo checkpoints. Nice try though.
Ihre Papiere bitte?
One of the best in your face post’s I have seen in a while!
No, they cannot constitutionally ask for passenger ID.
I very frequently do not carry id with me. However, I’ve also memorized my license number.
The easy “fix” to that is already standard practice pretty much everywhere: demand everybody’s name and birthdate. No answer and you go straight to the back seat of the cruiser.
Except for illegals in sanctuary cities.
In the olden days, nobody needed the State's permission to ride a horse or be a passenger in a covered wagon. As is always the case, time has passed and the State has eliminated that freedom.
Happened to me in the 80s and 90s in Texas.
Is it a legal requirement to carry one’s “papers” at all timez?
Seems to me if they really want to catch people with outstanding warrants they should wait outside of police centers on Election Day.
New Brunswick Ga. in the 70’s...
Poll?
stupid phonespellcheck
Outside polling centers
No, but you have to ID yourself if the officer has reasonable grounds to believe that a crime has been committed.
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