Talking to Passengers

[[TASF]Overkill]

Originally Posted by HulkXD

Kentucky law states that an officer can order anyone, anywhere to surrender his/her ID/Driver's license. We don't need a reason.

"Show me your papers!"

I don't really like that...

[XD2005]

Originally Posted by pfccypret

+1...Passenger decides to start walking before I'm done with the stop and we are going to have issues.

First, since this is Washington case law (versus federal), 9th Circuit ruling means nothing.

Second, someone actually asked about passengers just getting out and walking away and the officers there said there was nothing they could do about it (granted, some exceptions, however, unless they saw them doing something illegal, there was nothing they could do).

I believe the court ruled that since it was the driver that had the infraction, not the passenger, the police have no cause for questioning passengers (or request ID, as they would then be considered "in custody").

[BBunin]

Originally Posted by [TASF

Overkill]

"Show me your papers!"

I don't really like that...

I agree. It sucks and sounds an AWFUL lot like behind the Iron Curtain.
But read this. You do NOT want to try and stand on your rights on this. Here's a guy here who did. Sad to say, this is in the usually relaxed state of NV.

http://papersplease.org/hiibel/

[retired]

Re the link provided on the Hibel case:

Deputy Dove certainly had the right to be there as he was investigating a possible case of domestic violence. Hibel matched the description of the possible suspect, as did his vehicle. If you read the actual case, there is mentioned made that Hibel appeared intoxicated also to the deputy.

So, contrary to the efforts of the defense team in their one sided narrative in the link provided (leaving out some of the salient information), Deputy Dove had every right to ask him for ID.

The defense tried to promote Hibel as one of those members of that historical and brave community of American cowboys just stopped along the road enjoying a cigarette on a balmy Nevada day. Sounds real good until the facts get in the way.

If I recall the video correctly, he arrested Hibel soon after backup arrived. He probably was waiting for that to occur, figuring he might have had a fight on his hands, even tho Hibel was telling him to arrest him. Once the cuffs were going on, he may have sung a different tune and begun resisting. I only bring that up because the defense made a big deal about the fact the deputy asked for his id 11 times. This is just a guess on my part; but it's based on my experience, the belligerence of Hibel, his apparent intoxication and the fact there was another person present.

The defense made some reference to Mimi being beaten up. I didn't see that. What I saw was Mimi shoving the door twice into the other officer (that's a battery and she should have been charged with it). She then exits the truck and immediately run towards where her dad is in the officer's car. If I had been that officer, I would have taken her to the ground also, fearing she was trying to either attack Dep. Dove in an attempt to get to her father. The other officer who arrived looked like he struggled, along with the 2nd one, to keep her on the ground and handcuff her.

If you want to read the decision of the U.S. Supreme Court I have posted the link. The majority saw no violation of the 4th or 5th Amendment as advocated by the defense. http://www.state.ga.us/gpstc/Legisla...l#_Toc78783460

[BBunin]

Living here, in Northern Nevada, I followed the case fairly closely.
Watch the Car video.
Hibel may have been offensive, but the Deputy was OUT OF LINE and provoked the entire situation.
The treatment of the daughter highlights the case.

[retired]

I watched the car video. I saw it previously some time ago on one of the police web sites I belong to. You won't be surprised, but all of the leo from every part of the country, all saw things the way I saw it and the U.S. Supreme Court saw it.

The only one out of line was Hibel. He was an ass and the alcohol may have played a part.

Obviously, either you didn't read what I said about the daughter or you just didn't comprehend what I said as to her actions. I don't understand why the Sheriff's dept. didn't file battery charges against her for shoving the door into the other officer.

The type of behavior by the injured party is not abnormal. As a matter of fact, many domestic violence calls result in a leo being injured because as the reporting party sees their spouse or significant other being cuffed or led to the car, they realize their paycheck or children's father is going bye bye and they often times attack the leo they called to rescue them.

Maybe you need to rewatch the video. Since it kept stopping on me, I had the opportunity to watch it about 10 times before I finally saw the whole thing thru. I saw and heard what the good ol' boy said and saw what his daughter did. Obviously, the Supreme Court agreed with the deputy and my point of view...and leos from around the country that saw it about a year ago or so.