I posted this on E46Fanatics to explain why you can be physically removed from your vehicle for not presenting identification (...
after one of the resident detractors posted a video).
The Official "Bad Cop" thread.
https://forum.e46fanatics.com/showpo...;postcount=930
For those who don't want to click on the link.....
Quote:
Originally Posted by mistrzmiasta
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Quote:
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Originally Posted by M3Inline6/Sedan_Clan
You do realize that is allowed, right?!? You, as the detained motorist who is about to be taken into custody, don't get to make up your own rules while detained during a traffic stop. Driving a motor vehicle is a privilege, not a right. You agree to certain terms when you choose to operate a motor vehicle on public roads, and one of those terms is presenting a valid license to operate a vehicle issued by the state. If you do not allow law enforcement to properly identify you, you can be arrested in order to effect proper identification (...e.g. CVC 40302(a), CVC 2800(a) and so forth). About the only time(s) you don't have to present identification to a law enforcement official is during a consensual encounter or as the passenger in a vehicle when you, yourself, are not suspected of a crime (...U.S v. Landeros, U.S v. Clark, etc......and while the latter is well within your right, by doing so you're only asking for the officer to dig/focus on you more for being cryptic/ambiguous about who you are). Often people who refuse to identify themselves have warrants or other issues with the law. Once properly identified post arrest, and if no other issues present themselves, a motorist will most likely be released pursuant to CVC 40307(b). That officer acted well within the scope of his authority. Nice try though!
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