September 03, 2004, 09:50Stuart Neal
Passengers can't be questioned about ID
The second court of appeals in fort worth has held that cops cannot approach a passenger in a car and question him about his identity.
I need to file a motion for rehearing and if necessary a pdr. does anyone have a form for a motion for rehearing?
September 03, 2004, 11:32JohnR
Call me at 214-653-3625 and I can get you some examples. You also need to look at United Staes v. Brigham, 2004 US App. Lexis 17601 (Aug. 19, 2004), that has a great exposition on trafic stop investigations. John Bradley posted a blurb about that case just the other day.
September 03, 2004, 13:28P.D. Ray
In Brigham, the 5th Circuit Majority specifically comments on the identification of a passenger who provides a fake id.