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Thread: LEO ran I.D

  1. #1
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    LEO ran I.D

    My wife car broke down in Palm coast and LEO stopped an he ask to see her I.D than ran it.
    Can they do that ? She didn't do anything wrong.

  2. #2
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    Quote Originally Posted by I hate MD View Post
    My wife car broke down in Palm coast and LEO stopped an he ask to see her I.D than ran it.
    Can they do that ? She didn't do anything wrong.
    The key is he asked. She had no obligation to comply. She consented to the intrusion.

    If I asked you for $1000 are you obligated to give it to me? anyone can ask for anything for any reason.
    Last edited by boyscout399; 10-03-2010 at 08:08 PM.

  3. #3
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    If she was in the car or otherwise obviously the driver, there may be state law requiring her to show a drivers license upon LEO request.

    If she was doing nothing wrong, it does sound a little Stalinist.

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    if She did not consented to the intrusion would she be in the wrong and can she be arrested.

  5. #5
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    Google and search functions are your friend.

    Florida Statute 322.15(1):

    (1) Every licensee shall have his or her driver's license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon the demand of a law enforcement officer or an authorized representative of the department...

    (4) A violation of subsection (1) is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

    http://www.lawserver.com/law/state/f...tatutes_322-15

  6. #6
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    Quote Originally Posted by Citizen View Post
    Google and search functions are your friend.

    Florida Statute 322.15(1):

    (1) Every licensee shall have his or her driver's license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon the demand of a law enforcement officer or an authorized representative of the department...

    (4) A violation of subsection (1) is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

    http://www.lawserver.com/law/state/f...tatutes_322-15
    They can only 'demand' if the contact is non-consensual (like a traffic stop which requires RAS of a crime/infraction.) Otherwise it is a request that she was under no obligation to comply with.

  7. #7
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    Quote Originally Posted by brboyer View Post
    They can only 'demand' if the contact is non-consensual (like a traffic stop which requires RAS of a crime/infraction.) Otherwise it is a request that she was under no obligation to comply with.
    Cite, please.

    Forum Rule #5

    (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

    http://forum.opencarry.org/forums/misc.php?do=showrules

  8. #8
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    Quote Originally Posted by Citizen View Post
    Cite, please.

    Forum Rule #5

    (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

    http://forum.opencarry.org/forums/misc.php?do=showrules
    U.S Constutition, Fourth Ammendment
    Florida Constutition, Article 1, Section 12

  9. #9
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    Quote Originally Posted by brboyer View Post
    U.S Constutition, Fourth Ammendment
    Florida Constutition, Article 1, Section 12
    I don't think that's gonna cut it. Driving is a rather regulated activity. If what you cite has blanket applicability, then suspicionless police roadblocks to check license and registration or sobriety would be illegal.

    I have no information that police cannot demand a driver's license from someone driving who is already stopped. If there is a case allowing such I would like to know about it. I am not saying there is or isn't one. I'm saying I don't know of any, and would like to read a case that decided it one way or the other.
    Last edited by Citizen; 10-04-2010 at 11:23 PM.

  10. #10
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    Hmmm....

    "...in his or her immediate possession at all times when OPERATING a motor vehicle and shall display the same upon the demand of a law enforcement officer..."

    Seems to me that standing next to a broken down car on the side of the road, or even sitting in a broken down car on the side of the road, is NOT "operating a motor vehicle". After all, if the damned thing was "operating" in the first place, there would be no encounter. I'm sure that some court precedent from drunk driving cases has been developed and misapplied to all such situations, though. That's how they convict people of DUI who have the car keys in their pocket while sleeping it off in the back seat at a rest stop. But it's not right or ethical to do this to somebody that you purportedly stopped to "assist"...

  11. #11
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    Quote Originally Posted by johnfenter View Post
    SNIP But it's not right or ethical to do this to somebody that you purportedly stopped to "assist"...
    +1

    And, that kinda proves the cop wasn't actually there to assist, doesn't it.

    "First, let me see if I can arrest you for something and add to my score card, then we'll see about assisting you."

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