Sheriff asked for my passport

[SteveInBostonI130 3,477]

By law, only the driver needs to show ID (license to operate the vehicle), registration and proof of insurance.  Passengers can be asked to identify themselves, but they do not need to show ID, unless the officer has reasonable suspicion of a crime.  And just being a passenger in a speeding car is not reasonable suspicion.  This applies even to stop and ID states.

 

The complication is that non citizens over 18 must carry their status documents, so when the OP stated she is an immigrant he asked for ID.  Supposedly ID is to be shown as required to immigration officers, not sure if it is a requirement for sheriff/police/state troopers.

[ch3john 308]

37 minutes ago, HRQX said:

That case is in 8th Circuit. OP's situation happened in 6th Circuit.

 

Also see: Ohio Rev. Code §2921.29

Which says the same thing. 

 

2921.29 Failure to disclose personal information.

(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following: 

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) The person witnessed any of the following: 

(a) An offense of violence that would constitute a felony under the laws of this state; 

(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property; 

(c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section; 

(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.

 

 

(B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree. 

(C) Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth or for refusing to describe the offense observed. 

(D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing.

[HRQX 4,145]

31 minutes ago, ch3john said:

(1) The person is committing, has committed, or is about to commit a criminal offense.

And we've only been presented one side of that encounter. We don't know the sheriff's decision making process. Did the deputy have such suspicion? That being said, OP showing passport was too much. At most should have just given name, address, and DOB.

[Sarge2155 4,590]

15 hours ago, Honeythunder said:

We were driving home last night and got pulled over by a sheriff for a burned-out license plate light. He asked my husband (the driver) for his license and then he asked me (the passenger) for my license. I said I don't have one yet.

 

He asked for my passport and luckily I have it with me. He went back to his vehicle and ran a check. He came back and asked if I have a greencard. I said I don't have one yet because it is still processing. I showed him the text notification I got from USCIS that they received my case. Luckily he let us go. My husband still thinks it's weird that a sheriff would ask the passenger's identification for something like a burned-out light.

 

From now on I will have a copy of my NOA1 in the car. I can't imagine what would have happened if we got pulled over during the time when I don't have the USCIS notif yet. I might have been detained to prove legal status? 

 

Yes, it could have been much worse, you dodged a bullet! Glad it turned out alright.

[WaterLeaf 201]

All from what I've known and seen - the cop would pull someone over not only for whatever reason that is wrong with the vehicle like a broken tail light or so, sometime they wanted to ask someone if they have seen someone or know someone, etc. which is something that they do to find out. If someone reported a vehicle for drunk driving, I might get asked if I've seen this vehicle driven down this way. They don't always have eye in every direction.

 

But the usual, if something was messed up on the vehicle of course they can stop and ask/tell about it and ask for the ID, insurance and the registration. This usually happens a lot, because someone could be driving a stolen car. And if no Driver license, they can ask for other form of ID if anyone has it, and if passport/passcard is a common other ID then that's probably why they ask. I'm not sure about the info on the immigration status. I'd be asking the Sheriff office for some QA.

 

However in most cases, while a lot of them are being trained well, don't expect all of them to know everything yet. So if something wasn't correct, it can be brought up to the Sheriff office or more of a big case if it was provoked against. There has not been a lot of these around here lately of where I'm at, it just keeping an eye out on trouble makers and taking care of phone calls of things being reported.

 

In some of my free time, I go hang out with them to know more. The more I know, less I worry. It's just me learning the system though and it makes it a lot easier to comply if I'm in trouble without causing more issue.

[retheem 568]

16 hours ago, mushroomspore said:

I have. I'm not sure what state that person was in, but that was probably a factor. I'm in Los Angeles, where we have a lot of support and advocacy for immigration. I know in lots of other states, that's not the case. But additionally, the person was technically out of status upon their arrest. Was it really necessary? Absolutely not, imo. The immigration officers clearly just wanted to "make an example" out of that person. But does that also mean such incidents are on the rise? Maybe, maybe not. Without proper statistics and data (which I don't have), it's irresponsible to say that that person's experience is going to become common place. As of now, their experience is a very outlying piece of data that is highly unlikely to occur to the average person, but of course, "highly unlikely" is not equal to "impossible". All immigrants should know their rights, ensure they have a lawyer they can call in case of emergency and have multiple copies of their paperwork to show when called for.

 

https://www.aclu.org/know-your-rights/immigrants-rights/#law-enforcement-asks-about-my-immigration-status

These shenanigans mostly happen in Republican states funny enough. 

[Sarah_k92 113]

A British teacher at my school was on a field trip with his students, on a school bus. He was going through tolls and the there was police pulling cars over (no idea why, wasn’t there) but they ended up coming onto the bus and asked the teacher for DL and due to the accent, he also asked for his identification for his legal status. Luckily, he had his green card on him and let him go. He always tells me to carry mine because you just never know. He got fed up with the questions so applied for citizenship..: he’s actually going for his oath ceremony today! 

[bobjennyhitched 99]

20 hours ago, Honeythunder said:

We were driving in I-75 just outside Cincinnati at 9pm. We didn't even know the lights were out. 

How long is this road?! Lol I'm near the I-75 in Colorado 

 

I'm glad you are ok though. I heard that it's a $1000 if they catch you without your Green Card so I religiously carry it , I've only had it six months. My husband says I'm OCD over it but he's a US Citizen so it's not really on his mind. 

[mushroomspore 3,044]

5 hours ago, retheem said:

These shenanigans mostly happen in Republican states funny enough. 

Ooooh yes I'm quite well aware. Genuinely sad I cannot vote this election.

[eli4519@gmail.com 6]

I am a retired Texas Attorney General investigator. I was a cop for many years.  Municipal police officers and county sheriffs have no authority enforcing Federal Immigration laws. If you are a passenger in a car stopped for a traffic violation you have no legal obligation to identify yourself to any law enforcement officer.  You have the right to refuse to answer any questions from a cop. The driver does have to surrender his driver license and other documents that are allowed by law. The driver is also not obligated to answer any questions.  Any lawyer would advise you to remain silent. DO NOT SPEAK TO ANY COP...  You do have to ID yourself if you have been LAWFULLY arrested. PERIOD! Always remain quiet... The proper response to a cop is "I don't answer questions" Even if you are arrested for a crime you have the right to remain silent. Cops generally ask supposedly idle questions then use your answer to further their intent to find you suspicious of a crime. And, remember suspicion is not an offense in itself...  Keep your mouth shut and notice how the cop reacts...

Edited October 9, 2020 by eli4519@gmail.com

[retheem 568]

3 minutes ago, mushroomspore said:

Ooooh yes I'm quite well aware. Genuinely sad I cannot vote this election.

The minute I saw Cincinnati, that told me everything I needed to know. Don't worry, we are fighting this battle on your behalf.

 

2 minutes ago, eli4519@gmail.com said:

I am a retired Texas Attorney General investigator. I was a cop for many years.  Municipal police officers and county sheriffs have no authority enforcing Federal Immigration laws. If you are a passenger in a car stopped for a traffic violation you have no legal obligation to identify yourself to any law enforcement officer.  You have the right to refuse to answer any questions from a cop. The driver does have to surrender his driver license and other documents that are allowed by law. The driver is also not obligated to answer any questions.  Any lawyer would advise you to remain silent. DO NOT SPEAK TO ANY COP...  You do have to ID yourself if you have been LAWFULLY arrested. PERIOD! Always remain quiet...

Texas are notorious for this- there was a time if one was stopped by a cops and the person was asked for his/her DL, they would use that to check the immigration status. Do they still do that today?

[mushroomspore 3,044]

17 minutes ago, eli4519@gmail.com said:

I am a retired Texas Attorney General investigator. I was a cop for many years.  Municipal police officers and county sheriffs have no authority enforcing Federal Immigration laws. If you are a passenger in a car stopped for a traffic violation you have no legal obligation to identify yourself to any law enforcement officer.  You have the right to refuse to answer any questions from a cop. The driver does have to surrender his driver license and other documents that are allowed by law. The driver is also not obligated to answer any questions.  Any lawyer would advise you to remain silent. DO NOT SPEAK TO ANY COP...  You do have to ID yourself if you have been LAWFULLY arrested. PERIOD! Always remain quiet... The proper response to a cop is "I don't answer questions" Even if you are arrested for a crime you have the right to remain silent. Cops generally ask supposedly idle questions then use your answer to further their intent to find you suspicious of a crime. And, remember suspicion is not an offense in itself...  Keep your mouth shut and notice how the cop reacts...

Thanks for sharing! I know the general attitude towards immigration in Texas is totally..."different" than from California (where I live). I would 100% stay silent if a cop ever asked me about my immigration status (hasn't happened yet even though I've given my Canadian driver's license to cops during a couple random traffic stops).

Edited October 9, 2020 by mushroomspore

[jskibo 588]

2 hours ago, bobjennyhitched said:

How long is this road?! Lol I'm near the I-75 in Colorado 

 

 

That would be odd as Colorado has I-70 an I-25.  I-75 is a N-S interstate running through Ohio, to Florida

[bobjennyhitched 99]

2 minutes ago, jskibo said:

That would be odd as Colorado has I-70 an I-25.  I-75 is a N-S interstate running through Ohio, to Florida

Ah my road knowledge is bad lol! My bad

[Cyberfx1024 7,980]

53 minutes ago, mushroomspore said:

Thanks for sharing! I know the general attitude towards immigration in Texas is totally..."different" than from California (where I live). I would 100% stay silent if a cop ever asked me about my immigration status (hasn't happened yet even though I've given my Canadian driver's license to cops during a couple random traffic stops).

Of course the attitude is different because California specifically LA County caters to Illegal Immigrants more so than it does to Legal Immigrants. The state has done everything they can to handicap USCIS and ICE so that they can't go after criminals

Edited October 9, 2020 by Cyberfx1024