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Police can request ID,run background check on car passengers,Utah Supreme Court says
The Salt Lake Tribune ^ | MAY 7, 2017 | LUKE RAMSETH

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 ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Utah
KEYWORDS: donutwatch; itsokbecausesafety; lawsuit; papersplease; policestate; ruling; submit; tyranny
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To: HarleyLady27

Actually the USSC has ruled that traveling is a right in the common manner of the day. That would be automobiles and last time I checked, rights are not something that can nilly willy be denied. Driving a commercial vehicle, that is what the licensing was all about. The problem is, Americans are sloppy, lazy and stupid when defending their rights.

My favorite is when someone says everyone should carry insurance. Why should they? If you want to be covered in case someone injures you or your property, by all means get insurance. You see the clever lawyers write the rules so the “other guys” insurance covers your damage, and yours covers his. That means more customers. Add in the fact that even if you are sitting still at a light and are T-boned by an insured driver, and you are not insured, it is automatically your fault. WHAT A COUNTRY.... as Yakov Smirnoff would say....


61 posted on 05/07/2017 6:54:09 PM PDT by Glad2bnuts (If Republicans are not prepared to carry on the Revolution of 1776, prepare for a communist takeover)
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To: ChildOfThe60s

I got a ticket for no seat belt while riding in a car on the way home from the hospital with a fixator on my broken leg. I took it to court with a note from my doctor stating I had to keep my leg elevated for 30 days. The judge agreed with me asserting that I was allowed to ride in a car without a belt, and cut the ticket cost in half.


62 posted on 05/07/2017 6:57:19 PM PDT by Glad2bnuts (If Republicans are not prepared to carry on the Revolution of 1776, prepare for a communist takeover)
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To: onedoug
Being a passenger; traveling is god given. One should not need permission from the state to travel. We've always had the freedom to roam. Nor should it be required to show id to a unrelated arrest or situation.
63 posted on 05/07/2017 7:26:38 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Theoria

No one is impeding that right simply for asking for ID.


64 posted on 05/07/2017 7:39:59 PM PDT by onedoug
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To: onedoug

One should not be required to show for being a passenger, unrelated to any suspected crime.


65 posted on 05/07/2017 7:50:23 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Glad2bnuts

Why only in half?


66 posted on 05/07/2017 8:00:14 PM PDT by ChildOfThe60s ("If you can remember the 60s........you weren't really there")
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To: mdittmar

LMAO...U are gay arnt you!!....and an IRS cheat to boot!..but Welcome to FR..Id luv to hear more of your “music”


67 posted on 05/07/2017 8:44:45 PM PDT by M-cubed
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To: cyclotic
I very frequently do not carry id with me. However, I’ve also memorized my license number.

That doesn't help, I discovered.

Our Supermarket is two minutes away. One weekend we needed something to prepare breakfast and I volunteered to zip over and get what was needed, and rushed out without my wallet and was stopped by a local cop, can't even remember why.

Knowing my lifetime (memorized) Driver's license number was no help whatsoever, even though my car registration in the glove box had my name on it.

Go figure. I guess radios aren't as useful as I thought.

68 posted on 05/07/2017 10:53:28 PM PDT by publius911 (I SUPPORT MY PRESIDENT?)
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To: dp0622

The case refers to passengers, not drivers...


69 posted on 05/07/2017 10:59:18 PM PDT by sargon ("If we were in the midst of a zombie apocalypse, the Left would protest for zombies' rights.")
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To: mdittmar

Nothing in the article says the cop can demand the ID - just says if the cop asks and the passenger gives it, then the cop has tacit permission to check it to see if it’s legit. Not much different than a cop being admitted into a home instead of the owner demanding a warrant if he wants access...


70 posted on 05/08/2017 2:56:28 AM PDT by trebb (Where in the the hell has my country gone?)
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To: dp0622

>>Why? You don’t want people with expired licenses and/or no insurance or registration off the road?

Do you need to be a licensed driver with insurance to be a PASSENGER in a car where you live?


71 posted on 05/08/2017 4:08:35 AM PDT by Bryanw92 (If we had some ham, we could have ham and eggs, if we had some eggs.)
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To: Truth29

>>The decision reads like it is a voluntary request for passenger ID. You can speculate on what happens next if the passenger says No.

In the American Police State, a lot of things are voluntary—as long as the citizen doesn’t say “no”.


72 posted on 05/08/2017 4:10:18 AM PDT by Bryanw92 (If we had some ham, we could have ham and eggs, if we had some eggs.)
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To: publius911

Depends on the cop I guess.


73 posted on 05/08/2017 5:25:14 AM PDT by cyclotic
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To: mdittmar

Anything to make the job of the police state easier.


74 posted on 05/08/2017 8:13:20 AM PDT by zeugma (The Brownshirts have taken over American Universities.)
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To: JonPreston

“They can request ID but passengers don’t have to carry it.”

And then the cops will drag you out of the car, beat you up, and arrest you because you didn’t carry ID.

Oh, and before you say I’m paranoid...

http://thefreethoughtproject.com/az-rep-proposes-law-to-criminalize-riding-as-a-passenger-without-an-id/


75 posted on 05/08/2017 10:56:06 AM PDT by MeganC (Democrat by birth, Republican by default, conservative by principle.)
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To: MeganC

I find the material in the Thought Project to be mostly unverified, cop hating KooKery.


76 posted on 05/08/2017 11:25:14 AM PDT by JonPreston
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To: ChildOfThe60s

I really don’t know why. I thought he was making an example of me in front of others in the court. After he gave his decision, then he would have good reason to “throw the book at me”, but he didn’t. He just said “one more word and I will hold you in contempt”.


77 posted on 05/08/2017 1:34:58 PM PDT by Glad2bnuts (If Republicans are not prepared to carry on the Revolution of 1776, prepare for a communist takeover)
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To: dp0622

Let’s just rip up the constitution then? Not even probable cause required to harass people. Literally just “papers please”, and the drug warriors are fine with it.

You don’t think you’re the extremist here?


78 posted on 05/08/2017 2:13:32 PM PDT by Eisenhower Republican (END H1B. REPEAL Obamacare.)
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To: JonPreston; MeganC

http://www.kgun9.com/news/local-news/bill-to-require-passengers-to-have-id-when-driver-gets-pulled-over

http://www.azcentral.com/story/news/politics/arizona/2017/01/10/10-intriguing-arizona-bills-so-far-legislature/96288874/

http://www.12news.com/news/local/arizona/car-passengers-would-have-to-carry-id-under-new-bill/398866581

https://legiscan.com/AZ/bill/HB2305/2017

Now what?


79 posted on 05/12/2017 11:10:58 AM PDT by Mr.Unique (The government, by its very nature, cannot give except what it first takes.)
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To: dp0622

Couple of points:

1. Since when do you need insurance or a license to be a passenger in a car?

2. Obama made it basically illegal to run criminal background checks before hiring because it discriminated against minorities. There are a few exceptions.


80 posted on 05/12/2017 11:16:45 AM PDT by MeanWestTexan (Sometimes There Is No Lesser Of Two Evils)
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