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Criminal Law

: Fourth Amendment

CO explains that a passenger in a car can be asked for ID without any RS as to her

By John Wesley Hall, Jr.

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A passenger in a car can be asked for ID without any reasonable suspicion as to her. People v. Bowles, 2009 Colo. App. LEXIS 575 (April 16, 2009): Although under Brendlin Bowles was seized when she provided the false name, for the following two reasons we conclude that the officer lawfully could ask for her identification during the traffic stop without reasonable suspicion of criminal activity on her part. First, because Brendlin did not address any aspect of police-passenger interaction other than the initial traffic stop, it leaves intact earlier Supreme Court rulings that police may request identification without reasonable suspicion. See, e.g., Hiibel v. Sixth Judicial Dist. Court of Nevada, Humboldt County, 542 U.S. 177, 185 (2004) ("In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on April 20, 2009 (boomark / email).

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