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CA1: Passenger without seatbelt could be ask for DL, and then arrested on warrant found for him

By John Wesley Hall, Jr.

Officer was able to ask passenger for his name and DOB for a passenger seat belt violation. The passenger came back having a warrant out for him. The questioning was valid because the officer could ask. United States v. Fernandez, 2010 U.S. App. LEXIS 6748 (1st Cir. April 1, 2010): Other circuits had concluded before [Arizona v.] Johnson that officers could properly ask a passenger for identification in circumstances similar to those before us, and Johnson's discussion of the permissible scope of a traffic stop has only strengthened such precedent. See, e.g., United States v. Diaz-Castaneda, 494 F.3d 1146, 1152 (9th Cir. 2007) (stating, in the context of a passenger inquiry, that “[t]he police may ask people who have legitimately been stopped for identification without conducting a [separate] Fourth Amendment search or seizure”) (citing Hiibel, 542 U...continue to full post

Full post as published by Fourth Amendment on April 05, 2010 (boomark / email).