{"id":3073,"date":"2010-05-18T17:33:07","date_gmt":"2009-04-20T06:26:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-20T06:26:10","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3073","title":{"rendered":"CO explains that a passenger in a car can be asked for ID without any RS as to her"},"content":{"rendered":"

A passenger in a car can be asked for ID without any reasonable suspicion as to her. People v. Bowles<\/a>, 226 P.3d 1125 (Colo. App. 2009):<\/p>\n

Although under Brendlin<\/a> 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.<\/p>\n

First, because Brendlin<\/a> 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<\/a>, 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<\/a>, 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<\/a>, 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.”). <\/p>\n

. . .<\/p>\n

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).<\/p>\n

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.”); ….<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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