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  1. #1

    Default You Should Not Have to Show the Police Your Driver's License

    It is your 4th amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.So, no you do not have to give them your license.

  2. #2
    Join Date
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    If you're driving and you are stopped, you have to provide your license. The fourth amendment is not going to help you there. As pointed out, what they do need is an articulable suspicion of a crime before they even stop you.

  3. #3
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    Quote Quoting Liberty and Justice
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    It is your 4th amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.So, no you do not have to give them your license.
    Well, if you are stopped on suspicion of a traffic violation, yeah, you DO have to provide the required documents. These generally include a license, registration, and proof of insurance.

    But, no, they cannot generally stop someone at random solely to check for license status ... though, there are exceptions such as sobriety and license checkpoints (though these vary by state).

  4. #4
    Join Date
    Oct 2014
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    Quote Quoting Liberty and Justice
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    It is your 4th amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.So, no you do not have to give them your license.
    Being asked to produce your license when stopped does not raise any 4th amendment issues. The law of every state requires a driver to produce it to an officer when asked, and that the license itself is not the property of the driver but rather the property of the state. You won’t successfully challenge this in court on the 4th and 14th amendments.

  5. #5
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    And let's not forget, driving is not a right, but a privilege.

  6. #6
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    Jul 2015
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    Florida
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    It is the stop that raises 4th amendment issues, not the requirement to produce a driver's license. A police officer may not hail you on the street and legally require you to produce your license. Or, for that matter, even to talk with him.

    I don't personally agree with the DUI checkpoint policy given by the Supreme Court, but they have deemed such programs for "public safety" rather than "enforcement" which are directed at all drivers and not any one in particular to pass constitutional muster. I don't think so, but what I think doesn't matter.

  7. #7
    Join Date
    Dec 2015
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    If you are pulled over while driving, you have already violated a traffic code (or some other code) that warrants the officer stopping you. Assuming that was all legitimate (but even if it isn't, you still need to comply and sort it out in court), he is well within his authority to ask for a driver's license. Driving is a privilege, not a right. Now if you want to debate being stopped while carrying a firearm and demanded to show identification, I'd be more inclined to agree with you. But if you are operating a motor vehicle you need to be able to prove you are licensed to operate it when stopped.

  8. #8
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    Default Re: Can the Police Stop You to Check Your Driver's Licence

    Quote Quoting jdbofky
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    It is the stop that raises 4th amendment issues, not the requirement to produce a driver's license. A police officer may not hail you on the street and legally require you to produce your license. Or, for that matter, even to talk with him.
    Correct ... in that the police cannot stop someone SOLELY to ask them for their license. They CAN, however, stop you if they have reason to believe your license is invalid, or have some other lawful cause. But, solely on a bored whim, no, they cannot randomly stop people to ask for licenses. Though, there are exceptions in some states for driver's license and other sorts of vehicle checkpoints.

  9. #9
    Join Date
    Mar 2013
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    18,340

    Default Re: You Should Not Have to Show the Police Your Driver's License

    Quote Quoting Liberty and Justice
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    It is your 4th amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.So, no you do not have to give them your license.
    I'll bet you believe that the income tax is voluntary and you don't have to pay it.

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