Hopping Mad! Can Police Harass?

Question

Can the Police ask for your identification if you are in a car that has been stopped for speeding?

Due to a death in the family, my family are all on the highway heading to the same destination. Yesterday, my brother-in-law was stopped and accepted a small speeding ticket graciously - he is a gentleman.

However a second police officer, on the passenger side of the car, alleged that my 10 year-old, or 'baby' daughter was not wearing a seat belt. She was, and he was proven wrong, by a 10- year old. Way to go girl!

Anyhow, in the process, the officer insulted my wife who was sitting next to her, for being irresponsible, while he was in the wrong. He asked for both ID's and 'harassed' her.

At that point, my brother-in-law lectured the officer that he should not refer to ladies or children with such indignity and disrespect, both law abiding citizens, and he was looking for an apology?

I would have advised my wife and child not to produce ID. Who is right?

Answer 1

I can lawfully get identification from any passenger in a motor vehicle I have lawfully stopped.

The officer's behavior (from your description) seems unprofessional, but he is allowed to lawfully get ID from everyone in the car.

Answer 2

Produce the ID. Why cause more trouble than there already was?

Answer 3

You can get arrested/cited  for not having an I.D. on your person when asked for it.

Answer 4

It sounds like the officer might benefit from a 'talking to' from his supervisor.  In regards to the ID-any officer who has legally stopped a vehicle can ask for identification from any person in that vehicle.  Refusal to comply with the request may result in arrest.  So, whatever you do don't refuse to identify yourself to a police officer.  This includes giving an officer a false name,

Answer 5

Not knowing what exact words were exchanged and how the occupants of the vehicle were "harassed", I would follow the directives of the officer and when he/she is finished doing his/her job, ask to speak to a supervisor or file a complaint.

Answer 6

the police officer was right.

I think your attitude was the problem.

The police officer was trying to protect the child and you went postal.

Answer 7

Dude, if the cop askes for I.D. you better give it to him.  He has every right to ask for I.D.  The only thing you can really do is file a complaint.

Answer 8

It is against the Laws for a police officer to Harass anyone without means, So, the officer is in the wrong.

Answer 9

Yes,

they'll want to see every body's ID's. Who knows, the 10 year old might be a wanted felon, j/k.Face it, the cops can be rude & nothing is ever done about it. If I were you  I'd file a complaint at the cop shop about both them.

Answer 10

Asking a passenger for ID is perfectly acceptable and legal. Please let us know how you get that the officer "harassed" her out of that.

While the passenger doesn't actually have to produce an actual ID, one is required to identify themselves (easily done by showing an ID) by giving their name and date of birth when asked by an officer.

Answer 11

Any time a vehicle is stopped the officer has the right to collect positive identification from any passenger in the vehicle. If they refuse to provide ID or identifying information they can be arrested until their identity is established. I generally get the ID of everyone in a vehicle that is stopped so I can check to see if anyone has warrants.

Answer 12

Do what the Officer asks, and file your complaint later if you feel a need.  The Captain will listen