Getting pulled over as a passenger

[9mmepiphany]

Now I'm not sure what to think, because just because I choose to have a consensual contact does NOT mean I have to notify, unless it's asked of me. Only during detainment. But

That is a point I'd highly advise you to seek local knowledge legal advice for clarification on.

As I said we don't have that as a State Law, but it can be a condition of issuance for an CCW. But I'd bet, since they have this section pertaining to vehicle stops, that there is a like section pertaining to contact somewhere in your local codes

 

[9mmepiphany]

In fact, in my state, we are under no obligation to provide ID without a valid suspision that I am commiting a crime.

I'm not even sure what that means, but, on it's face, it sounds like a less demanding standard than Probable Cause and maybe even Reasonable Suspicion

 

[lemaymiami]

As a retired cop (and my work years were before legally armed citizens were commonplace here in Florida) I have to agree with the Mr. Ettin on this one... If your state has a law that requires disclosure - comply with it or face the consequences. I didn't see the actual law cited here but will assume it's a misdemeanor and that your carry permit would be at risk if you're caught breaking that particular license requirement (anyone is free to correct me here...).

Yes, passengers are always an element that an officer should pay attention to... and yes, there's ways to engage them in conversation to find out if there's a problem with them. I suppose that the states which require disclosure do so to aid officers -we never had that in my state. In most cases I would tend to believe that anyone with a permit was not a problem. In real life, though, such a presumption could turn out very badly -and that's what I'd hope every young cop is taught from day one. On the street you don't get "do-overs" if you've made a mistake....

 

[rondog]

JMO - but if I were a cop and pulled someone over, and then the passenger in that vehicle asked if they were free to leave and did so, leaving the vehicle and walking away....I'd immediately become MIGHTY suspicious of that passenger. Rights or not, "excuse me, I'll just be on my way now" is going to attract attention, yes? I can't believe anyone would even consider it.

 

[9mmepiphany]

Rights or not, "excuse me, I'll just be on my way now" is going to attract attention, yes? I can't believe anyone would even consider it.

You'd be surprised.

It was much more common when there were more hitch hikers

 

[smalls]

JMO - but if I were a cop and pulled someone over, and then the passenger in that vehicle asked if they were free to leave and did so, leaving the vehicle and walking away....I'd immediately become MIGHTY suspicious of that passenger. Rights or not, "excuse me, I'll just be on my way now" is going to attract attention, yes? I can't believe anyone would even consider it.

I'd just assume they had better things to do than sit in a traffic stop they have nothing to do with.

 

[Alizard]

If the vehicle you are riding in has stopped, you have been stopped, and must disclose immediately to the officer that you are armed.

Regardless of the infraction causing the stop, your concealed weapon exponentially increases the threat level for the officers stopping the car.

You KEEP YOUR HANDS on the dashboard and calmly say:

"I have a license to carry and I an currently exercising that right."

Then wait for the officer to answer, don't reach into your pocket until instructed.

 

[Sam1911]

your concealed weapon exponentially increases the threat level for the officers stopping the car.

No, it does not. At all, in any way.

Why would you even suggest that?

 

[smalls]

Uh, what Sam said.

Why am I a threat to the officer, just because in legally armed?

 

[9mmepiphany]

your concealed weapon exponentially increases the threat level for the officers stopping the car.

I don't see this either.

However, right or wrong, it does increase the threat to the carrier if it becomes exposed inadvertently...assuming Open Carry isn't legal

 

[Landric]

There always seem to be questions about what a passenger can and cannot do when a driver is stopped for a traffic violation. Generally, that depends on the circumstances. However there is case law (USSC) that allows officers to order anyone, driver or passenger, to get out of, or stay in, any vehicle they have lawfully stopped. They don't need probable cause or reasonable suspicion to do so. Failing to follow that order would put one on jeopardy of arrest for whatever statute the state has for failing to follow a lawful order.

Here are some examples of cases related to the seizure of passengers on traffic stops, ordering drivers and/or passengers to stay in or get out of the stopped vehicle, etc.:

Pennsylvania v. Mimms

Maryland v. Wilson

United States v. Sanders

Brendlin v. California

 

[smalls]

Right, but if they tell me I must stay in the vehicle, then I am being detained, and there's no question to whether or not I have to inform. I have to at that point.