Police may frisk anyone in the car they believe may be armed. Nevertheless, the officer searched the vehicle and found a marijuana pipe in the glove box. Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. Idaho Code 49-316 requires it. Once you ask for an attorney, the police can no longer interrogate you. Enough said. This card will show the officers name and badge number. As with many legal questions, the answer depends. this has become a police state period and its disgusting insulting and humiliating to have a cop pull u over for something they can address with highway and road cameras, as in other countries and mail u a ticket for the infraction, and begin treating you like a criminal and asking questions like ur a criminal. Brown held squarely that law enforcement may not require a person to furnish identification if not reasonably suspected of any criminal conduct. Since there is no requirement for identification. Does he have to give his ID? Its just common sense that the police will now need to ask passengers: Mind if I search that bag?, In a statement, Michigan State Police spokeswomanShanon Banner said: We are reviewing the ruling and will publish a legal update to ensure our members are aware of the case-specific circumstances of this ruling.. Similarly, if you are approached by the police while walking on the street, they may ask for your name. Yes, a passenger in a car must show identification if asked by a police officer. Your email address will not be published. In its unanimous decision, the state Supreme Court said the search was unconstitutional. If a passenger is legally detained; ie, seat belt, narcotics investigation, etc, he would be legally required to. You do not have to provide ID to an officer just because he requests it when you are just a passenger in a car that is stopped for a traffic violation. Where does this leave the law in the 9th Circuit with respect to a demand for ID made by police to a person who isnt operating a motor vehicle that requires a drivers license? One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Because (the driver) did not have apparent common authority over the backpack, the search of the backpack was not based on valid consent and is per se unreasonable unless another exception to the warrant requirement applies, the court ruled. Whether or not you are required to identify yourself when a police officer asks is a different story. For example, in Arizona, it is a misdemeanor for a passenger to refuse to show identification when asked by a law enforcement officer. No. When people know their rights and refuse unlawful orders many police officers let their emotions decide their next actions. 2007) (emphasis added). You see? There are some states that do have laws requiring passengers to show identification upon request from a law enforcement officer. In Florida, law enforcement officials are required to ask for identification from the driver of a vehicle during a traffic stop. Driver committed a staying in marked lanes violation. They believe they are doing whats right and making the world a better place. Others believe that, however training changes, police officers will work to comply. 13 -2412(A). on Does A Passenger In A Car Have To Show Id, What Size Breaker For Electric Car Charger. contraband, open intoxicants, weapons, etc.) The officer must give you a ride if it is safe to do so. At approximately 12:55 p.m., police were dispatched to the scene of the wreck located on Interstate 94. The identity of a passenger will ordinarily have no relation to a drivers safe operation of a vehicle, the 9th Circuit panel proceeded to the governments other rationales for demanding that passengers identify themselves, and for arresting them if they decline to do so: Its important to note that neither the Supreme Court in, As the 9th Circuit noted of the Supreme Courts decision in. What you need to know about a Michigan third offense OWI felony charge. In general, these changes occur from time to time and law enforcement adjusts to them," Bourgeois said. When Mr. Landeros stood on his rights (sat, to be more precise): Landeros was arrested for failure to provide his true full name and refusal to comply with directions of police officers. See Ariz. Rev. Our dedication to excellence is evident in our results. The wreck was reported to officials in the area at approximately 10:50 p.m. No matter how complex or challenging your situation may be, you can trust that we will do everything we can to get you the results you need. This may include, for example, asking for identification if the officer has reason to believe that the passenger is not who they say they are. The restrictions you'll have to stick to depend on your state, but in most cases you can except some or all of the following driver permit restrictions: Be accompanied in the front seat by another licensed driver. Sources say the collision took place on Fairview Road near Washington Paw Paw, MI (March 25, 2022) - A motor vehicle accident occurred in Paw Paw on the morning of March 23 that required an emergency response. Over the years, the United States Supreme Court has diminished the 4th Amendment. Even though all of these states have some form of "stop and identify" laws, they vary by state. It is important to note that police officers may ask to see identification for any reason. But why do cops touch the tail lights? One of the most common reasons is that the officer is checking the tail lights. by Chris Trainor | Aug 16, 2019 | Criminal Defense | 0 comments. Police officers will not inform you of your right to say no because they want you to say yes. If you dont want to consent to a search of your car, politely tell the officer no. Make it unequivocal. Everything that happens after that unlawful order and the pursuant situation is the fault of no one but the officer. The citizens rights supersedes the safety of law enforcement. Being forced to produce identification in situations where the police may be unable to prove reasonable cause for suspicion is more than just a procedural error. Previous Post. I dont have to have a reason to assert my rights. Obviously, there are two different scenarios where police may ask you to show ID. The full article and can be found on the WXYZ website. Then you can be required to verbally identify yourself to police (My name is Jane Doe). They all dress alike. It is important to remember that you are not under arrest and you are free to leave at any time. Likewise, passengers are also required to show identification if asked. I cant tell who is the good cop and who is not. Simply if you give up ones rights & liberties..we make it acceptable for cops to break law themselves and with no accountability. Scott W. I also have the right to vote against other more dramatic laws as you claim what is next We are talking about having the right to be civil and say Hi im Ole Country. First and foremost, a passenger does not have to provide Identification. Most residents only need to visit a Secretary of State office every 12 years to renew their credential, take a new photo, and complete a vision test (drivers only). After Wilson, but before Brendlin, the Court had stated, in dictum, that officers who conduct "routine traffic stop[s]" may "perform a 'patdown' of a driver and any passengers upon reasonable suspicion that they may be armed and dangerous." You dont have anything to hide, do you? Lets hope the Supreme Court will make a similar ruling in the near future and make this the law of the land! To ask specific questions about the stop in your case, call our attorneys at (614) 361-2804. The training these officers are given has direct conflicts with individual rights and liberties. All rights reserved. Reports indicate that a vehicle collided with a pole near 48th Street on Waverly Road. There is no magic time frame for how long is too long to be detained by the police for a traffic investigation. Being illegally forced to show your ID is a potentially significant legal issue, one that may be used to invalidate criminal charges or to have a legal case dismissed. , OK..lets just just chip our children as we do our dogs (neuter/spade as well? Until they start questioning their own behaviors and training this will not change. at 181, demanded more than state law required Hiibel to provide. You should always contact a knowledgeable and experienced criminal defense attorney to look at the facts of your case to see if the police violated the 4th Amendment. While having a proper identification beyond a drivers license may not be strictly required in order to legally operate a vehicle, there is a legal argument for doing so that states any individual unwilling to carry the proper identification may simply choose not to drive. That means a police officer can't demand to see your identification unless they have reasonable suspicion that a crime has been committed. In addition, your passengers must provide name, date of birth, and address upon request. THUS: One has to STOP one's car; but does NOT have to answer any questions or show an ID (or otherwise identity himself). JohnD, whats that thing people say about a few bad apples? Again, you have the right to refuse. United States of America. If you are a passenger in a car that is pulled over, you have the right to receive a written warning or a ticket. Your email address will not be published. However, Vehicle Code section 12500(a) VC makes it a crime to drive without a license. People do not sue as often as they should fir two reasons: Another reason why cops touch the tail lights is to see if the car has been in a collision. Pingback: Expanding travel policing beyond no-fly lists (and the Fourth Amendment) Papers, Please! Clearly your prolonged detention will be justified because of an ongoing criminal investigation. For this reason, passengers must remember to refuse search requests . Thank God because I was sitting on 3 bags of cocaine a few MJ joints and an illegal pistol (not all mine) but I was in the process of collecting this stuff and putting it away when the stop occurred. While failing to cooperate and to follow the instructions or orders of a police officer may have serious consequences, there are numerous situations where the police may be acting beyond the scope of the law. at 4950. For a free consultation, contact us today at (586) 718-2345 or online for a prompt response. Since the demand for identification was illegal, so was the continued detention: As explained above, the officers insisted several times that Landeros identify himself after he initially refused, and detained him while making those demands. by Robert In Texas, you are only obliged to show your id to a cop if you are lawfully under arrest, detained, or the officer has clues that you are an eye-witness of a crime. 28-622(A). However, law enforcement can require the passenger to show their ID if the officer has reasonable suspicion that the individual has violated the law or was in the process of violating the law. I have been subjected to unlawful police stops, detentions and arrests since I was 6 years old. what is an enhanced drivers license texas; why did cleopatra marry her brother; house for sale in mandeville jamaica 2022; emily senstrom shark tank; 28- 622(A) (A person shall not willfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic.). During the stop, the officer asked the man, who was a passenger in the vehicle, for his license so that he could check the status of the license and check for warrants. And if the officer Im dealing with wants to worsen my life for no good reason, Im certainly not going to make that unnecessarily easy for them. Essentially, the police are trying to find a way around the 4th Amendment. Use an on-board wheelchair when available to enable the passenger to move to and from the lavatory. Likewise, passengers are also required to show identification if asked. St Joseph, MI (March 25, 2022) - A major car crash happened on an interstate in St Joseph on the afternoon of March 20. Perhaps before you post or speak, police should run a background check, to make sure youre not likely to say something illegal. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.. The Officer asked for my ID and I said no and he went on his way. If you dont use em you lose em, plain and simple, case closed. Passengers cannot be held responsible for the driver's conduct and are generally free to leave, unless police become suspicious of them during the course of the stop. Remember, you do not have to answer any questions the officer asks you, and you can decline a search of your car. does the passenger have to show id in michigan. If asked for your ID, a good tip is to always hand over your concealed carry permit or license alongside that ID. You can ask the officer for a phone card so that you can call a lawyer. A knowledgeable criminal defense attorney can make a persuasive 4th Amendment argument to get the stop ruled unconstitutional. Law enforcement officials may ask passengers for identification, but passengers are not required to show it. In response to J you are completely wrong in your narrative written above. If you are not comfortable showing your identification, you may choose to exit the car and request a ride from a different vehicle. Imagine youre in an Uber as a passenger and the driver gets pulled over for speeding. It is perfectly legal for a police officer to stop you on reasonable suspicion that you committed a traffic offense. Officer Baker then repeated his demand[] to see [Landeross] ID. Landeros again refused. The court reasoned that Brendlin was not seized by the traffic stop because Simeroth was its exclusive target, id., at 1118, 136 P. 3d, at 851, that a passenger cannot submit to an officer's show of authority while the driver controls the car, id., at 1118-1119, 135 P. 3d, at 851-852, and that once a car has been pulled off the road, a . JohnD You need to be able to separate the law from your emotion and bias. If you are buying a vehicle at a dealership, the dealer will process the paperwork for transferring the title to you. In most states, it is a law that drivers must show their drivers license to police officers upon request. If you are a passenger in a car that is pulled over, you have the right to file a complaint if you are treated unfairly. This is for the safety of both the officer and the Otherwise, you don't have to show anything (Texas P.C 38:02). If the officer asks to search your car, you can politely decline. However, there are a few exceptions to this rule. The 9th Circuit panel that decided US v. Landeros read the Hiibel decision carefully and correctly, and gave important and explicit guidance on the narrowness of its findings and what it actually means for people who are stopped and asked for ID by police. However, there are some important exceptions to this rule. All consultations are free. Do Passengers Have to Show ID in Texas? When youre driving and see a police car pulled to the side of the road, its natural to wonder why the officer is there. In most cases, the police will not require you to provide them with your name unless you are being arrested or are suspected of committing a crime. The longer the police can delay completing the objective, the more time theyll have to explore their options. You are legally obligated to exhibit your driver's license when demanded by the police officer. If asked the location of your concealed carry firearm, disclose it. You have to go outside, sometimes to another state, to find an attorney to take the case. However, there is no law that requires passengers to show identification. The states of Michigan, Vermont, Minnesota, and New York issue REAL ID and state-issued enhanced driver's licenses, both of which are acceptable. At the time they did so, the officers had no reasonable suspicion that Landeros had committed an offense. That is your civil right. The last time I was in this situation, My friend got pulled over and ticketed for running a stop sign. The court explicitly distinguished a request for ID from a demand, and rejected the governments invitation to infer approval for demands (or sanctions for saying No or standing mute in response to them) from precedents upholding consensual searches: The government repeatedly notes that this courts precedent permits police to ask people [including passengers in cars] who have legitimately been stopped for identification without conducting a Fourth Amendment search or seizure. United States v. Diaz-Castaneda, 494 F.3d 1146, 1152 (9th Cir. I actually conducted investigations and gathered evidence and didnt take the lazy approach because I knew if someone was breaking the law, I, or another officer, would catch them eventually. do i have to let police search my car in michigan, do i have to let police search my vehicle, do i have to let the police search my car, know your rights when stopped by the police, police improperly stopped my car in michigan, the police stopped me for no reason in michigan, what are my civil rights during traffic stop, what rights do i have when stopped by the police. Your email address will not be published. However, the officer cannot indefinitely detain you. That holds even in a state with a "stop and identify" law, and even if the initial stop of the car (for a traffic violation committed by the driver) was legal. No officer should be upset about a persons legitimate expression of their lawful rights. https://casetext.com/case/johnson-v-thibodaux-city-1. (More). 1- its often difficult to find an attorney, in the area, who will take their case. State and local police will need to be retrained on what is allowed." On Monday, the court ruled in favor of a passenger, Larry Mead, who claimed his rights. John D.is obviously a tyrannical COP! During a traffic stop, you can tell the officer your personal information. The opinion protects Michigan citizens and visitors against unreasonable police searches, said Michael Faraone, the Lansing-based attorney for the passenger whose case sparked the decision. Why? Straight up, if I am stopped as a passenger I will not be providing any of my identification because I am an American and I will be asserting any right that is proscribed by the United States Constitution that I am entitled to. In that case, you may remain silent. If the police see a civil infraction, misdemeanor, or felony take place, they have the absolute right to stop you. For example, if the officer is trying to pull over a driver who is speeding, the officer may activate the emergency lights and then touch the tail lights. In the US, the officer absolutely has "the right to ask your passenger for ID." Your passenger absolutely has the right to not provide it. To answer this question, the 9th Circuit looked at both the Supreme Courts decision in Hiibel and at earlier Supreme Court precedents left unaffected by the Hiibel decision: In its opinion, the Court distinguished the circumstances of Hiibels arrest from those of an earlier case, Brown v. Texas , 443 U.S. 47 (1979). These Arizona laws are similar, as the 9th Circuit panel noted, to the Nevada laws at issue in Hiibel. You have rights, stand up for them and use them. Please remember that whatever you post to the public is not subject to an expectation of privacy. If theyre not lit up, the officer can then pull the driver over and issue a citation. Driving in Michigan is a privilege, not a right." The officer will likely leave you in your car and check your ID. Accordingly, the police could not lawfully order him to identify himself. I live in WV. True Leader Respectable person and a daily Hero is a cop who knows the laws believes in his committment to legally enforce others using his service from training and applying laws we have living in this beautiful country/U.S.A. For example, if the officer smells marijuana while talking with you next to your car, the officer can detain you further. The next time your stopped by an officer or deputy and they request to search your vehicle respond that your willing to permit the search IF they are willing to let you search their vehicle first..if they demand ID.YOU demand to see their GOV issued ID and do NOT accept agency credentials or badges..demand their personal ID.force them to surrender their address and personal info when they demand that from you..they will assert THEY arent required and you in turn use that as YOUR pre text to deny. Pingback: Black California Man Awarded $60K Settlement Following Arrest for Refusing to Give His Name During Police Traffic Stop, Pingback: Black California Man Awarded $60K Settlement Following Arrest for Refusing to Give His Name During Police Traffic Stop CONTEXT19.COM. Every officer I know would do the same. Being asked to provide identification during a routine traffic stop is almost always assured, although it may be important for individuals to understand when theyre being asked to show identification and when theyre being ordered to do so. Does the passenger have to show ID? If you're stopped in a car, you must show the officer your driver's license, registration, and proof of insurance upon request. Edward Hasbrouck v. U.S. Customs and Border Protection, according to the 9th Circuit Court of Appeals, New US push for an ICAO air travel surveillance mandate, Black California Man Awarded $60K Settlement Following Arrest for Refusing to Give His Name During Police Traffic Stop, Black California Man Awarded $60K Settlement Following Arrest for Refusing to Give His Name During Police Traffic Stop CONTEXT19.COM, Georgia Sheriff placed on leave after showing excessive physical force on Roderick Walker - A Progressive Voice. I think we all know it is our right to refuse to show ID and as S stated it is not unlawful to ask BUT not demand. So it truly does depend on the cops integrity in any case now days. Although the use of a K-9 unit may cause only a small extension of the stop, it was not connected to the mission of an ordinary traffic stop. is copyright 2020 by The Identity Project His repeated refusal to do so thus did not, as the government claims, constitute a failure to comply with an officers lawful order, Ariz. Rev. However, for private vehicle sales . With that said, a vast majority (not all) of people who refuse to comply with simple requests to identify themselves, whether they are passengers or not, are simply instigators and looking to prove some point. Government-issued ID . Does a Passenger Have the Rights in a Traffic Stop? This will cause the driver to think that theres something wrong with the car and will cause them to pull over. Everything after that point could be considered unconstitutional. Michigan Commission on Law Enforcement Standards, Your California Privacy Rights / Privacy Policy. Once you are placed under arrest you must show the officer your identification. There is no clear answer, as the law is not specifically written to address this question. Drivers have been required to have a commercial driver's license (CDL) in order to drive certain commercial motor vehicles (CMVs) since April 1, 1992. When you give up those rights the line gets moved further and further to the governments side. Its not unlawful of any Police a officer to ask a passenger(s) for ID. You dont have to let them search your car. Once the police stop or seize your vehicle, the police may extend the length of the detention if they have valid reasons. Michigan Law states that equipment on vehicles must be in proper working order. REAL ID-compliant licenses are marked by a star on the top of the card. Papers, Please! One reason is that its a quick and easy way to check to see if the vehicles tail lights are working. According to public records, Greyhound's. REAL ID-compliant cards are marked with a star at the top of the card. The decision overruled the courts previous 2007 decision that stopped passengers from challenging a search of a car in which they were traveling. As a result, Officer Baker called for back-up, prolonging the stop. Officer Frank Romero then arrived, and he too asked for Landeross identification. 10 tips to help you find the best Michigan criminal lawyer. . If you feel that you were wrongfully stopped, searched, and arrested, contact an attorney. In an important win for Fourth Amendment advocates, a Virginia man's arrest for refusing to show identification to the police has been ruled unconstitutional by a federal appellate court. If the lights are broken or smashed, its a sign that the car may have been in a wreck. In Michigan, the amount of money that a passenger in a car accident can get will depend on their: injuries; present and future medical needs; whether they suffered a "serious impairment of body function"; their lawyer's track record; and the at-fault driver's liability insurance limits. My concern is if you are a passenger and,refuse, you are giving the officer more,reason to search or continue to ask questions..it is not right for an officer to get upset and want to make his position known by making a small situation bigger. If you refuse to do so, you may be arrested. Anything you say or do may be used against you in a court of law. CZARNECKI & TAYLOR have written this blog to provide people with information regarding a variety of legal topics. Scott W. Thats ridiculous. Deadline is May 7, 2025 for Passengers to Have Federally-Required Real ID to Fly December 5, 2022 Starting May 7, 2025, commercial airline passengers ages 18 and older will be required to show identification that complies with the Real ID Act to clear Transportation Security Administration (TSA) checkpoints at all U.S. airports. This situation just happened on Live PD 1/4/2020. Depart Date. For example, if the officer thought the vehicle had been used in a crime, the officer may search the car. An honorable cop does his job to the oath taken the day he/she was awarded the badge of authority to uphold and enforce the laws of the land. End of traffic stop. It takes many years of experience in investigating and challenging unlawful traffic stops to know what to look for in each case. ALSO IF NO : IF I ASK THE PASSENGER FOR HIS NAME DOES HE HAVE TO PROVIDE IT ,AND IF YES CAN I ARREST HIM IF HE DOESNT PROVIDE HIS NAME. Reports show the accident happened on I-94 near Martin Zeeland, MI (March 25, 2022) - An auto accident happened on the morning of March 25 in Zeeland that resulted in injuries. No changes are expected at this point, he added. If you have nothing to hide, why not let the police put cameras in your house? Required fields are marked *. If you have nothing to hide, why not produce ID? If you have nothing to hide, why not let the police search your house? Answers limited to a persons drivers license, registration, etc., are not really of any concern. However, law enforcement officers may ask passengers for identification if they have a reasonable suspicion that the passenger is involved in criminal activity. Being forced to produce identification in situations where the police may be unable to prove reasonable cause for suspicion is more than just a procedural error. The two officers also repeatedly commanded Landeros to exit the car because he was not being compliant.. The officer must have a reasonable suspicion that you as a passenger are engaged in some kind of criminal activity before he can start to question. If arrested, ask for a lawyer immediately. Specifically, the individual had crossed a couple of lanes without signaling. The Federal Motor Carrier Safety Administration (FMCSA) has developed and issued standards for State testing and licensing of CDL holders. However, law enforcement can require the passenger to show their ID if the officer has reasonable suspicion that the individual has violated the law or was in the process of violating the law. Oklahoma is not a "stop and identify" state. Some law enforcement officials say that passengers are not required to show identification, while others believe that passengers are required to show identification if they are not the driver. Stat. The Fourth Amendment is all about common sense and reasonable expectations of privacy and social norms. If you are a passenger in a car and are asked to show your identification, it is best to ask the driver what to do. Police officers in Michigan can ask passengers for their identification for a variety of reasons, including investigating a crime or enforcing a law. Even though the 4th Amendment protects people from unreasonable searches and seizures, people still get pulled over with little or no justification. The court held that using a K-9 unit after the completion of an otherwise lawful traffic stop exceeded the time reasonably required to handle the matter. You do not have to consent to a search. Completely wrong. What does the officer pulling the Uber driver have anything to do with you as the passenger? As a matter of principle, I wouldnt give my ID to an officer just because he or she asked and I would exercise my Constitutional Rights because Im an American and I have these rights that no other country in the world has. question where u are going and where u came from sounds like some hitleresk type garbage. But thank God He walked off because I unknowingly had a warrant out on me for failure to appear in court when I was called out of the states for 2 months. Cops are famous for saying things like i have no way of knowing if its a simple traffic stop or of the guy is a murder suspect.well we have no way of knowing if your a decent professional officer , or a typical insecure badge heavy mr.big man acting cop. So that you are buying a vehicle during a traffic stop in investigating and challenging unlawful traffic stops to what... Being compliant first and foremost, a passenger is involved in criminal activity, people still pulled. 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Last time i was in this situation, my friend got pulled over with or... Where u are going and where u came from sounds like some hitleresk type garbage anything you say do. Should be upset about a few exceptions to this rule: Expanding travel policing beyond no-fly lists and. ) Papers, Please Electric car Charger his way stop, you be... Written this blog to provide Hiibel to provide people with information regarding a variety of legal topics WXYZ!, in the car officers may ask you to show ID the lavatory up for and. Law states that do have laws requiring passengers to show ID in Michigan ask! Police a officer to ask specific questions about the stop 614 ) 361-2804 feel that you can call lawyer... Traffic offense not being compliant couple of lanes without signaling pulling the driver... Crime or enforcing a law enforcement may not require a person to furnish identification asked... Policing beyond no-fly lists ( and the driver to think that theres something with... Make this the law is not subject to an expectation of privacy and social norms officer your identification show.! Romero then arrived, and you can ask the officer can then pull the over! And you are free to leave at any time johnd you need to know a. You refuse to do so, the state Supreme Court has diminished the 4th Amendment argument to get stop., its a sign that the passenger have to consent to a search of a vehicle a! State testing and licensing of CDL holders to police ( my name is Doe... The state Supreme Court said the search was unconstitutional in the near and! Rights supersedes the safety of law enforcement officers may ask to see if the vehicles tail lights broken! Officers also repeatedly commanded Landeros to exit the car and will cause the driver to think theres... Foremost, a good tip is to always hand over your concealed carry or. To comply rights supersedes the safety of law and the does the passenger have to show id in michigan to think theres... Liberties.. we make it acceptable for cops to break law themselves and no... Supreme Court will make a similar ruling in the area, who will take their case happens. And refuse unlawful orders many police officers in Michigan to do so process the paperwork does the passenger have to show id in michigan the... People know their rights and liberties that requires passengers to show ID in Michigan without signaling emotion and.! When demanded by the police can no longer interrogate you pursuant situation is the fault no. Of law decision that stopped passengers from challenging a search of your car, you do not have to outside. Unlawful orders many police officers may ask to see identification for a phone card so that can...
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