Whether police can request passenger to show driver’s license? In prosecution for willfully and unlawfuly carrying concealed weapon and for willfully and unlawfully carrying loaded firearm in a public place, the Municipal Court, Los Angeles Judicial District, Ronald Schoenberg, J., granted defendant’s motion to suppress evidence on ground that discovery of firearm resulted from unlawful search and seizure. State appealed. The Court of Appeal, Johnson, J., held that: (1) acts of police officer constituted a “detention” where the officer stood at passenger door of car which police had legitimately stopped and asked to see driver’s license of passenger not suspected of any crime; (2) fact that the restraint on passenger’s liberty was minimal did not make the restraint a reasonable one; (3) officer’s failure to offer passenger choice whether to produce her driver’s license, together with other factors, resulted in “seizure” for Fourth Amendment purposes; and (4) the seizure was not reasonable.
Full case here: People v. Spicer, 157 Cal. App. 3d 213, 203 Cal. Rptr. 599 (Ct. App. 1984), https://law.justia.com/cases/california/court-of-appeal/3d/157/213.html
Whether police can request passenger to show driver’s license?
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
✅Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Our office is conveniently located in downtown San Diego at 185 West F Street, Suite 100-D.
You can reach our office by calling (619) 357-6677.
CJA Panel Attorney | ★★★★★ Reviews | Affordable Payment Plans | California State Courts | Federal Courts
San Diego Criminal Defense | Chula Vista Criminal Defense | Vista Criminal Defense | El Cajon Criminal Defense
Si usted habla espanol
We are available to take appointments on weekdays and weekends. We accept all major credit cards.