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09-13-2014, 11:13 AM
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#16
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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Quote:
Originally Posted by Chung Tran
many years ago I was a passenger in a front seat, the driver got pulled over, I believe for an expired inspection sticker.. Cop got the driver's info, then asked for my I.D... I wondered why, and asked "what for"?
"because I said so"! the Cop bellowed.. the driver asked me to fork it over and avoid trouble, so I did.. nothing to hide.. but did the Cop have a legal right to demand my I.D.?
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Yes.
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09-13-2014, 11:53 AM
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#17
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Valued Poster
Join Date: Jun 20, 2014
Location: Dallas
Posts: 180
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The first part of my statement was only regarding random stops if you were on the street as in walking. If you read the rest of the comment. I did state that if you are driving a car no matter what you have to have your ID and show your ID if pulled over.
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09-13-2014, 11:55 AM
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#18
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Gaining Momentum
Join Date: Jul 2, 2014
Location: houston
Posts: 78
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I'm friends with the district attorney of a very large and populated county in Texas. I queried him about a drivers obligations under the law in Texas. The driver must produce a drivers license and proof of insurance beyond that, nothing. He suggested that an appropriate response to questioning or field sobriety testing requested by the officer could be "Officer I'm uncertain about my rights in this circumstance and want to talk with my attorney prior to doing anything." Then "shut the fuck up" (the DA's words, not mine). If the officer is suspicious of something being amiss he may place you under arrest. Then you have legal fees. I posed the same question to a friend who practices criminal law. She agreed with the DA's recommendation and reminded me the driver is most likely being videotaped and officers typically are carrying a microphone. Her advice was to be very respectful and polite toy he officer. Juries hate smart asses. Keep your mouth shut. A passenger in a motor vehicle does not have to supply any I.D. or answer any questions.
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09-13-2014, 11:56 AM
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#19
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Valued Poster
Join Date: Jan 28, 2010
Location: North of 635
Posts: 749
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Quote:
Originally Posted by ShysterJon
Yes.
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Jon, this one confuses me. Are you saying LEO have the right to demand ID from passengers in cars?
I woulda figured they had the same rights as someone walking down the street minding their own business.
Of course, as someone else mentioned "you can beat the rap..."
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09-13-2014, 12:01 PM
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#20
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Valued Poster
Join Date: Jun 20, 2014
Location: Dallas
Posts: 180
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09-13-2014, 12:16 PM
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#21
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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Quote:
Originally Posted by Bad_Mojo
Jon, this one confuses me. Are you saying LEO have the right to demand ID from passengers in cars?
I woulda figured they had the same rights as someone walking down the street minding their own business.
Of course, as someone else mentioned "you can beat the rap..."
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My recollection is there's a Texas Court of Criminal Appeals case that says a passenger in a stopped motor vehicle has to produce ID upon the request of a cop. The rationale was the passenger was in a detained vehicle and is also required to show ID because, as a passenger, he was making use of the public streets.
Hire me and I'll look up the case. Haha.
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09-13-2014, 01:06 PM
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#22
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El Hombre de la Mancha
Join Date: Dec 30, 2009
Location: State of Confusion
Posts: 46,370
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Look at SJ, generating revenue ... Good deal!
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09-13-2014, 01:31 PM
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#23
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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Quote:
Originally Posted by pyramider
Look at SJ, generating revenue ... Good deal!
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Yeah, right. Most Eccie guys are cheap motherfuckers. They want free legal advice and $25 BJs.
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| 5 users liked this post |
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09-13-2014, 02:17 PM
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#24
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Valued Poster
Join Date: Aug 30, 2014
Location: Tyler Texas
Posts: 336
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Quote:
Originally Posted by ShysterJon
Yeah, right. Most Eccie guys are cheap motherfuckers. They want free legal advice and $25 BJs.
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25$ Bjs, Free Legal Service, and some beer. 
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09-13-2014, 08:15 PM
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#25
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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09-13-2014, 09:05 PM
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#26
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by ShysterJon
a passenger in a stopped motor vehicle has to produce ID upon the request of a cop. The rationale was the passenger was in a detained vehicle and is also required to show ID because, as a passenger, he was making use of the public streets.
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I thought the "detained" part may have been the key.. because the driver produced I.D. and insurance immediately, I was not asked until the Cop had determined the inspection was out.. my feeling is I would not have been asked, had the driver been "clean" and not cited for any offense..
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09-13-2014, 09:20 PM
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#27
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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Quote:
Originally Posted by Chung Tran
I thought the "detained" part may have been the key.. because the driver produced I.D. and insurance immediately, I was not asked until the Cop had determined the inspection was out.. my feeling is I would not have been asked, had the driver been "clean" and not cited for any offense..
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That's very likely.
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09-13-2014, 09:24 PM
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#28
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Premium Access
Join Date: Aug 10, 2013
Location: CostaRica
Posts: 2,089
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Not all of us are so cheap Lol
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09-13-2014, 09:57 PM
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#29
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Valued Poster
Join Date: Jun 14, 2010
Location: Plano
Posts: 5,313
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Agreed! My Dad was a cop for 20yrs and he always said that 'Probable cause can always be manufactured'.
Quote:
Originally Posted by Ravasher
Trust me if a cop wants to pull anyone over he or she can think of a good reason.
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09-13-2014, 10:40 PM
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#30
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El Hombre de la Mancha
Join Date: Dec 30, 2009
Location: State of Confusion
Posts: 46,370
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Quote:
Originally Posted by ShysterJon
Yeah, right. Most Eccie guys are cheap motherfuckers. They want free legal advice and $25 BJs.
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I did not make reference for how much revenue ... Even the ickytards would be bitching about $25 bjs. We can only hope some fucktard decides its a good idea to piss off a cop ... there is your potential revenue.
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