When we travel as motorists and not as drivers in traffic, statutorily speaking, when a servant pulls over a master or American sovereign and begins to issue a "traffic" ticket or citation isn't s/he applying the statutory laws to the wrong "person"? Shouldn't one have the legal right to remain silent? If so much as your name can be enough to incriminate yourself and enough for punishment to be assessed prior to conviction, such as a seizure aka impoundment then would it not be necessary to have legal counsel present if it could cost you your liberty or property? The only way police can demand the information requested is if they stop a "driver" who is in "traffic" who is operating under privileges and using the roads as compensation right? Otherwise they break the covenant to us and God.
What are you talking about? A right to violate the law and not be stopped? The "covenant to us and God?" Huh? A police officer is permitted, by right of his job duties, to make a traffic stop if he witnesses a violation of the Vehicle Code and believes public safety is at risk. He or she can also make a stop under other circumstances where he does not witness the offense being committed (there is a long list). As part of the traffic stop, he can ask for identification. Your identity is not something that incriminates you, so there is no Fifth Amendment right to remain silent at that point, however, you can try playing games with the officer. It may cause you to be arrested for obstructing a police officer or even resisting arrest. It is your choice. I would pick other more consequential events to fight, but not a traffic stop.
I'm not sure what they're putting in the water out there in Dinuba, but you've surely been reading some nonsense on the internet. Upon conducting a traffic stop, the police may ask for your license and insurance and registration. I suppose you don't have to say anything, but you must provide the documents requested.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
A drivers license is a privilege granted by the state, and not a constitutional right. As such, it is subject to any state law or regulation, including the requirement that you give it to a policeman who stops you for a traffic offense. Thus, it is not illegal search and seizure, nor a 5th amendment violation. Do not refuse to give your license, or you may find yourself locked up in jail. It is not a covenant between us and God--that statement is just downright silly.
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