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What should i do if im with my gf and she's driving and gets pulled over am i required to show i.d as a passanger.

I was with my gf going for a ride at night. She was driving while i was smoking weed and we got pulled over. She's legit and so am i but after the cop asked for her license and reg.he said he smelled weed asked for my i.d and i said i didn't feel obligated to show i.d he said if i don't ill be arrested. I still said i didn't feel i have too he then proceeded to pull me out the car and searched me and found my wallet and after he ran my name he uncuffed me and said next time you'll go to jail. Should i have shown my i.d and were my rights violated?

DUI
Asked in New Bedford, MA | Oct 27, 2019 | 2 answers
Answer
Patrick Matthew Winn
Patrick Matthew Winn
Criminal Defense Attorney in Woburn, MA
4.9795918367347 stars
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Rating: 10
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Posted on Oct 28, 2019

This may very well have been a violation of your rights, although more information is needed. In Massachusetts, a reasonable apprehension of danger to a police officer justifies an exit order from a motor vehicle. At a motion to suppress hearing, the police officer would have to demonstrate to the court that he/she reasonably feared for their safety or for the safety of fellow officers in order to justify removing you from the car. The state might also argue that your removal from the car was a practical necessity in order to obtain your identification to issue you a civil citation for smoking marijuana in public. I do not know if you were ever cited for a civil infraction.

In terms of the search, more information is needed. In order to justify a "pat frisk" for potential weapons, the police would again have to rely on an argument that you posed a threat to officer safety based on their observations. Courts have found such safety apprehensions "reasonable" where police have observed individuals acting erratically or reaching for unknown objects.

If the search went beyond a "pat frisk" then probable cause of a crime is the standard. Because possessing marijuana is no longer a crime in Massachusetts, probable cause to search someone can no longer be based on information that a person may have marijuana on their person.

The facts of each case are unique and should be reviewed by an attorney. This is not intended as legal advice and does not create an attorney-client relationship.

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David M Owens
David M Owens
Landlord / Tenant Lawyer in Westwood, MA
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Posted on Oct 28, 2019

If you are a passenger in a car that was stopped legally, then yes, the officer can ask for your id. When the car is stopped ALL people in it are stopped, and the officer gets certain abilities to search and/or ask for ID as a result. If you were simply on the street and and officer asked for your id you can so no and walk away, but not in a traffic stop. Keep in mind that smoking weed in a car is still not legal, even though general consumption is. If there was no further legal action taken, there is really nothing to challenge so even if your rights had been violated, there wouldn't be anything to challenge.

I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.

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