If you are pulled over by a cop and you can't locate your ID for him, does he have the right to search vehicle

Question

okay, well this happened to me and I actually did have my ID with me, but I just didn't know it had fallen onto the floorboard of my vehicle and before I could find it he asked me to step out of the car. He asked me if I minded if he searched my vehicle, I said "yes, I minded" he said "too bad, you don't have ID, you don't have a choice"...

Answer 1

The cop needs to have 'reasonable suspicion' to search your vehicle ..and having no ID could indicate you have something to hide.. so, yes.

Answer 2

If stopped for a violation of traffic law, the officer can take reasonable measures to positively identify you. Absent any other proof, this could include taking you into physical custody.

Depending on what other proof of identity you had, or lack of proof, this could include a search of the vehicle.

Answer 3

I know I will get yelled at for this one, but still...

Officers have the right to detain someone for identification.  that could mean bringing that person to the jail, which means the car would be towed and inventoried (searched) anyway.  Doesn't make it right, but it could be done.

In the same situation I would have asked for your name, written it down, then gone back to the squad and looked up the DL photo in the department of vehicle services website.

Answer 4

The officer needs to have probable cause to search your vehicle.  There's something more here, was there anything in plain view?

Answer 5

Under your fact pattern it’s a no win for the person without proper ID

The law requires you to have a valid driver’s license to operate a motor vehicle on a public road way, so under your fact patter the person is pulled over for any one of thousands of motor vehicle offenses easiest possible infraction is a motor vehicle, so at that point it becomes the drivers legal burden to produce proper identification to show they have a valid driver’s license, under you fact they can not, so at this point the driver and the car are at the mercy of the police they may detain and search the car in order to find evidence to identity of the driver  and if they have a valid license

Answer 6

All he or she needs is probable cause, failure to properly identify yourself is probable cause, you could be hiding something besides your identity

Answer 7

he has to have cause for the search, check with a lawyer because I believe all he should have done was give you a ticket for no id and whatever reason he pulled you over

Answer 8

They can search just on reasonable suspicion, which can be as simple as fitting a certain stereotype.

Answer 9

no, unless you give him/her consent to. driving without your license is an infrction. meaning it's a payible charge.

Answer 10

No,

but he'll make up a reasonable suspicion to search.

Answer 11

No, not unless you give him permission, or probable cause, like a visible gun or dope. But when did some silly thing like the law stop them.

Answer 12

No, not necessarily.  The fact that you do not have any identification with you does not justify “searching”’ your vehicle.  Normally, verbally obtaining your information and doing computer checks can usually verify your identity.  If you identity cannot be established and you are going to be charged with operating a vehicle without a license, then the officer will have to take you in custody to a magistrate so your identity can be confirmed and you will have to post a bond.  In this instance your car will be impounded and an “inventory search” conducted.  An inventory search is not a search for contraband, it  is a search for valuable belongings that may be stolen or just to confirm something is not there that you may claim was there.  If contraband is found during an inventory search it is normally admissible in court.  So to answer your specific question, no an officer cannot “search” your car just because you do not have id.  He can search the car for a later inventory search, if and only if the car will be towed.  In addition, the car can be searched if you consent to a search.  Now, another thing that can happen is not technically a “search” by legal definition, is an officer can check the immediate unlocked, easily accessible areas for weapons for his safety including checking you.  This is called a frisk.  It is a search for all practical definition, just not by legal definition.   You and your vehicle can be frisked for weapons for officer safety purposes.