florida case law passenger identification

Florida's legislature has an implied consent law in place. This page gives information in case you have contact with the police, immigration agents, or the FBI, and helps you understand your rights. 3d at 925-26 (quoting Maryland v. Wilson, 519 U.S. at 414)). The Supreme Court agreed, explaining: Like a Terry stop, the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure's missionto address the traffic violation that warranted the stop and attend to related safety concerns. Plaintiff alleges that each of the officers at the scene incorrectly believed that Plaintiff could be arrested for failing to provide identification even though there was no legal basis to demand such identification since he was only a passenger in the vehicle and was not suspected of criminal activity. Id. The Fourth District determined that: [A] command preventing an innocent passenger from leaving the scene of a traffic stop to continue on his independent way is a greater intrusion upon personal liberty than an order simply directing a passenger out of the vehicle. We also risk treating members of our communities as second-class citizens. 7.. 8:06-cv-2386-T-17TBM, 2008 WL 2740328, at *7 (M.D. The Supreme Court rejected Wilson's contention that, because the Court generally eschews bright-line rules in the Fourth Amendment context, it should not adopt a bright-line rule with regard to passengers during lawful traffic stops: [T]hat we typically avoid per se rules concerning searches and seizures does not mean that we have always done so; Mimms itself drew a bright line, and we believe the principles that underlay that decision apply to passengers as well. Id. If you are researching an issue and want to find relevant cases in print, you will need to start with a digest, which is an index of case law. 8:08-cv-179-T-23MAP, 2008 WL 3411785, at *9 (M.D. Passengers do not need to hand over their identification during traffic stops, the Ninth Circuit US Court of Appeals on Friday. An officer who makes an arrest without actual probable cause is still entitled to qualified immunity in a 1983 action if there was "arguable probable cause" for the arrest. As a result, the motion to dismiss is granted as to this ground. Online legal research platform providing access to case law from FL courts, as well as many other primary and secondary legal resources. Presley, 204 So. 2007)). even if a law enforcement officer had the 24 Id. P. 8(a). See id. However, officers did not find any drugs in the vehicle. Fla. Aug. 11, 2010) (citing Eubanks v. Gerwen, 40 F.3d 1157, 1160-61 (11th Cir. 2d 1123, 1125 (Fla. 1995) (This Court is bound, on search and seizure issues, to follow the opinions of the United States Supreme Court regardless of whether the claim of an illegal arrest or search is predicated upon the provisions of the Florida or United States Constitutions.).

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