Fowler Bell PLLC
call to talk with an attorney
859-554-2877
Talented Problem Solvers Since 1942

Do you have to produce your ID as a passenger in a car?

Most people may not have the experience of being “ordered” to produce identification to a police officer. Most do so voluntarily in a show of deference to law enforcement, or to avoid further confrontation or an escalation of the situation.

The difference between an officer “asking” for something and “ordering” compliance is often a fine line distinction, but can have life-changing implications. The story of a Utah man who was charged and convicted of a crime after an officer asked for identification exemplifies this. 

The man was a passenger in a vehicle stopped for a traffic violation. The officer who stopped the vehicle asked the man for his identification and ran a background check. The officer found that the man had a warrant for his arrest. During a subsequent search of the man’s person, the officer found a glass pipe with methamphetamine. He was then charged with and convicted of drug possession.

The man challenged his conviction, arguing that the officer did not have probable cause to order him to produce his identification because he had no reasonable suspicion that he had committed, or was about to commit, a crime. A trial court judge agreed, but the Utah Supreme Court reversed, reasoning that the officer did not violate the man’s constitutional rights because the man “voluntarily” provided his identification.

While this ruling may not carry much weight under Kentucky law, it is a reminder of what constitutional defenses may be available for those charged with crimes if they are in the wrong place at the wrong time. 

No Comments

Leave a comment
Comment Information
  • Fowler bell pllc | recognized by | best lawyers
  • Super lawyers | top law firm | kentucky
  • Martindale Hubbell | Peer Review Rated | 2017 for ethical standards and legal ability
  • Best lawyers| best law firm | us news | 2017
  • Primerus | member International society of primerus law firm
  • Best's | recommended insurance attorneys | listed over 50 years
  • Fowler bell pllc | listed in best lawyers linking lawyers and clients worldwide
  • Fortune | 2013 top ranked law firms | AV
  • Bar register | preeminent lawyers
  • Best recommended insurance attorneys
Email Us For A Response

Contact Our Law Firm For Assistance

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Fowler Bell PLLC

Location:

Fowler Bell PLLC
300 West Vine Street
Suite 600
Lexington, KY 40507

Phone: 859-554-2877
Fax: 859-255-3735
Map & Directions

Phone:
Review Us