A passenger in a car can be asked for ID without any reasonable suspicion as to her. People v. Bowles, 226 P.3d 1125 (Colo. App. 2009):
Although under Brendlin Bowles was seized when she provided the false name, for the following two reasons we conclude that the officer lawfully could ask for her identification during the traffic stop without reasonable suspicion of criminal activity on her part.
First, because Brendlin did not address any aspect of police-passenger interaction other than the initial traffic stop, it leaves intact earlier Supreme Court rulings that police may request identification without reasonable suspicion. See, e.g., Hiibel v. Sixth Judicial Dist. Court of Nevada, Humboldt County, 542 U.S. 177, 185 (2004) ("In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment."); Florida v. Bostick, 501 U.S. 429, 434-35 (1991) ("[E]ven when officers have no basis for suspecting a particular individual, they may generally ... ask to examine the individual's identification ...." (citations omitted)); INS v. Delgado, 466 U.S. 210, 216 (1984) ("[I]nterrogation relating to one's identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure.").
. . .
Second, even if such a request for identification is minimally intrusive, it can easily be justified, as recognized in three post-Brendlin decisions rejecting arguments like those raised by Bowles. See United States v. Soriano-Jarquin, 492 F.3d 495, 500 (4th Cir. 2007) ("If an officer may 'as a matter of course' and in the interest of personal safety order a passenger physically to exit the vehicle, [then] he may surely take the minimally intrusive step of requesting passenger identification." (quoting Maryland v. Wilson, 519 U.S. 408, 410 (1997))), cert. denied, 128 S.Ct. 1221 (2008); United States v. Diaz-Castaneda, 494 F.3d 1146, 1152-53 (9th Cir. 2007) ("[P]olice may ask people who have legitimately been stopped for identification without conducting a [separate] Fourth Amendment search and seizure" to determine who the passengers are and whether any of them is capable of driving the car should the driver be arrested), cert. denied, 128 S.Ct. 634 (2007); People v. Harris, 886 N.E.2d 947, 962 (Ill. 2008) (Such a request "provid[es] a certain level of protection to both the officer and the driver of the vehicle" by "identify[ing] a potential witness to the traffic violation and to the officer's actions" during the stop).
Moreover, a passenger's response to such a request may be consensual, despite having been seized as a result of the traffic stop. See Harris, 886 N.E.2d at 963-64 (Fourth Amendment was not implicated because a reasonable passenger "would feel free to decline to provide his driver's license," "even upon realizing that the driver of the car in which he ha[d] been riding [was] about to be arrested," in that a request for identification is "facially innocuous" and does not cause the passenger "to feel intimidated or threatened."); ....
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"A system of law that not only makes certain conduct criminal, but also lays
down rules for the conduct of the authorities, often becomes complex in its
application to individual cases, and will from time to time produce imperfect
results, especially if one's attention is confined to the particular case at
bar. Some criminals do go free because of the necessity of keeping
government and its servants in their place. That is one of the costs of having
and enforcing a Bill of Rights. This country is built on the assumption that
the cost is worth paying, and that in the long run we are all both freer and
safer if the Constitution is strictly enforced."
—Williams
v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold,
J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"There have been powerful hydraulic pressures throughout our history that
bear heavily on the Court to water down constitutional guarantees and give the
police the upper hand. That hydraulic pressure has probably never been greater
than it is today."
— Terry
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"The great end, for which men entered into society, was to secure their
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case in the context of what are really the great themes expressed by the Fourth
Amendment."
—United
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"The course of true law pertaining to searches and seizures, as enunciated
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"A search is a search, even if it happens to disclose nothing but the
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—Arizona
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"For the Fourth Amendment protects people, not places. What a person knowingly
exposes to the public, even in his own home or office, is not a subject of Fourth
Amendment protection. ... But what he seeks to preserve as private, even in
an area accessible to the public, may be constitutionally protected."
—Katz
v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to
protect liberty when the Government’s purposes are beneficent. Men born
to freedom are naturally alert to repel invasion of their liberty by evil-minded
rulers. The greatest dangers to liberty lurk in insidious encroachment by men
of zeal, well-meaning but without understanding.”
—United
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“Liberty—the freedom from unwarranted
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government officials who seek to do their jobs too well as by those whose purpose
it is to oppress; the piranha can be as deadly as the shark.”
—United
States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want /
But if you try sometimes / You just might find / You get what you need."
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"In Germany, they first came for the communists,
and I didn't speak up because I wasn't a communist. Then they came for the Jews,
and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist. Then they came for
the Catholics and I didn't speak up because I wasn't a Catholic. Then they came
for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration
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“You know, most men would get discouraged by
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—Pepé LePew
"There is never enough time, unless you are serving it."
—Malcolm Forbes
"The point of the Fourth Amendment, which often is not grasped by zealous officers,
is not that it denies law enforcement the support of the usual inferences which
reasonable men draw from evidence. Its protection consists in requiring that
those inferences be drawn by a neutral and detached magistrate instead of being
judged by the officer engaged in the often competitive enterprise of ferreting
out crime."
—Johnson
v. United States, 333 U.S. 10, 13-14 (1948)