The following is a computer generated transcription, some grammar and spelling errors may be inherent.

Hello, my friends,

it's attorney Anthony Bandiero. Here bringing you a roadside chat.

The question comes from an officer in Texas; he says I'm in Texas; I want to know if you stop someone for a traffic violation. Can you identify the passengers? Or can the passage refuse to give identification?

It's a very easy answer; it applies to all states. Well, this first part may not be right; you can enter the fourth amendment, ask for a person's identification, or identify themselves, as it's a lot easier.

If you just ask for their information, write it down; it gets a little more complicated when you take their ID, not because they may be free to leave, but just because it's a little more intrusive, and so forth. But you can certainly ask under the Fourth Amendment for their information, and you can run their information as long as it does not, you know, extend a traffic stop.

So it's ideal if you can have somebody else run the passenger. So those rules differ a little bit, depending on what state you're in. But under the Fourth Amendment, the rules are the same, of course, right. But the second part is much easier. Can you demand a passenger's ID? Are there any consequences? The refuse? Absolutely not. Do not do it, do not threaten to arrest them for obstruction unless you have reasonable suspicion as to them. Suppose you end up arresting this person, for you know, some violation and because you know. In that case, you think that you have obstruction or refuses identify, expect a very bad day in court. And you can also get sued, and you may lose civilly because some courts are saying that a person's rights refuse themselves.

The right to refuse to identify themselves is clearly established, and you have no reason to order them to identify themselves. So the takeaway here asking, usually no problem. Demanding big problem if you don't have reasonable suspicion, before you leave, hit the like button, subscribe, share with your friends. Thank you.

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