Talking to Passengers - XDTalk Forums - Your HS2000/SA-XD Information Source!

XD2005 · 03-17-2006, 05:23 PM

In my "Citizen's Academy" last night, we discussed law. The officer teaching it talked to us about a newer law in Washington (state) that prohibits officers from essentially talking to passengers. He said they can't ask any personal information from them, cannot take ID, cannot look for warrants, etc. Essentially, the state courts rules that passengers had a certain level of expected privacy and by doing such would essentially "place them in custody." Any of you have a similar law you have to deal with? The officers said they have had to let countless people go, although they just "knew" the person was not your typical law-abiding citizen.

Thoughts?

murphyslaw · 03-17-2006, 07:26 PM

I'm familiar with that law it has helped me in the past. last year (i was 20) I went to a party. got a ride home with a sober friend but was speeding and got pulled over. I cooperated with the officer and he gave me a ticket for MIP. went to court, talked to the prosecute and they informed me of the new "case law". when I appeared in court I pleaded not guilty under this law stated my clam and was let off. right before my case was closed the judge told me to "above all, stay out of the system". Tho I believe that my story and background helped a bit. 3.8 GPA Union worker and no criminal background. so now when a passenger I keep my mouth shut when possible.

I beleave that the "case law" is that the officer can not speak to the passenger(s) unless they are involved with the stop(throwing stuff out the window, no seat belt stuff like that).

opskmallory · 03-17-2006, 09:30 PM

Utah has also a similar law. If a passenger has not committed a violation, then they cannot be spoken with nor information requested. However, there have been occassions here when a passenger has initiated contact with an officer. From what I understand, if this happens then the passenger has forfeited their right to not be questioned. The code does not specify this, but in the one or two arrests I am aware of that ended up in court, the judge has upheld this saying the passenger waived those rights when he began speaking to the officer.

Kind of interesting.

chupacabrachus · 03-18-2006, 12:18 AM

I don't think Iowa has these laws. I've been interrogated everytime I've been a passenger in a friend's car whom has been pulled over. In fact, an officer usually goes to the driver side and passenger side. Every time they've asked for my ID and the drivers.

pfccypret · 03-18-2006, 03:09 AM

Nothing like that in Missouri as far as I'm aware. I I.D. everyone during a car stop, I want to know who I'm dealing with.

danp · 03-18-2006, 10:56 AM

Well, 1st you have to understand that there are two kinds of contacts, custodial and consensual. We can talk to anyone we want as long as it is on a consensual basis. Even though the passenger "arrived" in the vehicle, and the vehicle/driver is detained for the stop, the passenger is technically free to leave. Therefore the contact is consensual.

Now, having said that, the ninth circuit court recently ruled that officers can order a passenger to stay in a vehicle, in effect detaining th passenger. This is supposed to be for officer safety. I guess if the passenger told you to pound sand and walked away after you order him/her to stay in the car, you don't have much recourse.

Mike TRT · 03-18-2006, 03:31 PM

Quote:

Originally Posted by danp

I guess if the passenger told you to pound sand and walked away after you order him/her to stay in the car, you don't have much recourse.

LOL, yea you do.....

HulkXD · 03-19-2006, 01:35 AM

Kentucky law states that an officer can order anyone, anywhere to surrender his/her ID/Driver's license. We don't need a reason. Now, if someone is a passenger in a vehicle, and that vehicle gets stopped for any reason, that person's expectation for privacy just went out the window. If you are intoxicated, or wanted, you'd better pick a driver that obeys the law. If you choose a driver that doesn't, then you picked the wrong driver!

HulkXD · 03-19-2006, 01:35 AM

Kentucky law states that an officer can order anyone, anywhere to surrender his/her ID/Driver's license. We don't need a reason. Now, if someone is a passenger in a vehicle, and that vehicle gets stopped for any reason, that person's expectation for privacy just went out the window. If you are intoxicated, or wanted, you'd better pick a driver that obeys the law. If you choose a driver that doesn't, then you picked the wrong driver!

pfccypret · 03-19-2006, 03:49 AM

Quote:

Originally Posted by Mike TRT

Quote:

Originally Posted by danp

I guess if the passenger told you to pound sand and walked away after you order him/her to stay in the car, you don't have much recourse.

LOL, yea you do.....

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

03-17-2006, 05:23 PM	#1
XD2005 XDTalk 100 Member Join Date: Dec 2005 Location: Vancouver, WA Posts: 164	Talking to Passengers In my "Citizen's Academy" last night, we discussed law. The officer teaching it talked to us about a newer law in Washington (state) that prohibits officers from essentially talking to passengers. He said they can't ask any personal information from them, cannot take ID, cannot look for warrants, etc. Essentially, the state courts rules that passengers had a certain level of expected privacy and by doing such would essentially "place them in custody." Any of you have a similar law you have to deal with? The officers said they have had to let countless people go, although they just "knew" the person was not your typical law-abiding citizen. Thoughts? __________________ Brian

03-17-2006, 07:26 PM	#2
murphyslaw XDTalk 100 Member Join Date: Mar 2006 Location: Alaska Posts: 292	I'm familiar with that law it has helped me in the past. last year (i was 20) I went to a party. got a ride home with a sober friend but was speeding and got pulled over. I cooperated with the officer and he gave me a ticket for MIP. went to court, talked to the prosecute and they informed me of the new "case law". when I appeared in court I pleaded not guilty under this law stated my clam and was let off. right before my case was closed the judge told me to "above all, stay out of the system". Tho I believe that my story and background helped a bit. 3.8 GPA Union worker and no criminal background. so now when a passenger I keep my mouth shut when possible. I beleave that the "case law" is that the officer can not speak to the passenger(s) unless they are involved with the stop(throwing stuff out the window, no seat belt stuff like that). __________________ Because you can read this thank a teacher, because its in English thank a soldier. The chain of command. Is a 3/8" chain I beat you with till you realize I'M IN COMMAND. XD45acp service rem 870 exp super mag 12ga enfield 303 mark1 no3 Springfield30.06 Bushy Ar-15 .223 marlin .22lr(no not a 10\22, but has silencer, expanded round tube, lightened trigger, and more) www.opencarry.org www.alaska4x4network.com http://concealedcampus.org/index.htm

03-18-2006, 10:56 AM	#6
danp XDTalk 1K Member Join Date: Feb 2006 Location: Sacramento, California Posts: 1,310	Well, 1st you have to understand that there are two kinds of contacts, custodial and consensual. We can talk to anyone we want as long as it is on a consensual basis. Even though the passenger "arrived" in the vehicle, and the vehicle/driver is detained for the stop, the passenger is technically free to leave. Therefore the contact is consensual. Now, having said that, the ninth circuit court recently ruled that officers can order a passenger to stay in a vehicle, in effect detaining th passenger. This is supposed to be for officer safety. I guess if the passenger told you to pound sand and walked away after you order him/her to stay in the car, you don't have much recourse. __________________ God made cops so that firefighters could have heros too. "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Nietzche

03-19-2006, 01:35 AM	#8
HulkXD XDTalk 500 Member Join Date: Feb 2006 Location: Doing Covert Ops somewhere in KY Posts: 641	Kentucky law states that an officer can order anyone, anywhere to surrender his/her ID/Driver's license. We don't need a reason. Now, if someone is a passenger in a vehicle, and that vehicle gets stopped for any reason, that person's expectation for privacy just went out the window. If you are intoxicated, or wanted, you'd better pick a driver that obeys the law. If you choose a driver that doesn't, then you picked the wrong driver! __________________ You tell 'em I'm coming, and Hell's coming with me, you hear? Hell's coming with me! Shane Smash!!! What the deuce?

03-19-2006, 01:35 AM	#9
HulkXD XDTalk 500 Member Join Date: Feb 2006 Location: Doing Covert Ops somewhere in KY Posts: 641	Kentucky law states that an officer can order anyone, anywhere to surrender his/her ID/Driver's license. We don't need a reason. Now, if someone is a passenger in a vehicle, and that vehicle gets stopped for any reason, that person's expectation for privacy just went out the window. If you are intoxicated, or wanted, you'd better pick a driver that obeys the law. If you choose a driver that doesn't, then you picked the wrong driver! __________________ You tell 'em I'm coming, and Hell's coming with me, you hear? Hell's coming with me! Shane Smash!!! What the deuce?

03-17-2006, 09:30 PM	#3
opskmallory XDTalk 100 Member Join Date: Feb 2005 Location: Spanish Fork, UT Posts: 364	Utah has also a similar law. If a passenger has not committed a violation, then they cannot be spoken with nor information requested. However, there have been occassions here when a passenger has initiated contact with an officer. From what I understand, if this happens then the passenger has forfeited their right to not be questioned. The code does not specify this, but in the one or two arrests I am aware of that ended up in court, the judge has upheld this saying the passenger waived those rights when he began speaking to the officer. Kind of interesting.

03-18-2006, 12:18 AM	#4
chupacabrachus XDTalk 3K Member Join Date: Jul 2005 Posts: 3,386	I don't think Iowa has these laws. I've been interrogated everytime I've been a passenger in a friend's car whom has been pulled over. In fact, an officer usually goes to the driver side and passenger side. Every time they've asked for my ID and the drivers.

03-18-2006, 03:09 AM	#5
pfccypret XDTalk Member Join Date: Feb 2006 Posts: 40	Nothing like that in Missouri as far as I'm aware. I I.D. everyone during a car stop, I want to know who I'm dealing with.

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