What does this mean for you, especially when or if you are in the 9th Circuit or want to raise the 9th Circuits latest decision as persuasive authority in another circuit? Many police think that the Hiibel decision upheld the Constitutionality of requiring anyone stopped by police to show ID. I was the passenger. Completely wrong. Although I have refused to show ID, this all depends on the officials behavior. If you are a passenger and are asked to show your identification, you should comply with the officers request. What is a Michigan implied consent drivers license suspension? Even though I was the driver did I have to show him ID? In that case, you may remain silent. There are a few reasons, but the most common one is to check to see if the lights are working. Even though the 4th Amendment protects people from unreasonable searches and seizures, people still get pulled over with little or no justification. Therefore, the search and seizure violated the Fourth Amendments prohibition against unreasonable searches and seizures. Never permit them to search you or your car. Many police encounters occur as the result of a traffic stop. Driver committed a staying in marked lanes violation. This makes me question the training of these police officers in the 9th District. But, the officer can extend the length of the traffic stop if he detects other evidence of wrongdoing. The Michigan Commission on Law Enforcement Standards, which sets training guidelines at the state'sbasic training academies for officers, has reviewed the curriculum at those sites, contacted the leaders there as well as pored over the state licensing exam to see if any adjustments are needed, executive director Tim Bourgeois said. Next Post. An experienced knows what to look for and what arguments to raise to challenge the legality of the traffic stop and subsequent search. During the sniff search, the K9 officer claimed the dog smelled a controlled substance. So, based on the holding of the Supreme Court, we know when a traffic stop should end. St Joseph, MI (March 25, 2022) - A major car crash happened on an interstate in St Joseph on the afternoon of March 20. In this case, you will likely be asked to provide your name, as well as other personal information. In Wyoming v. Houghton, 526 U.S. 295 (1999) Justice Scalia wrote for the Supreme Court and said that if an officer has probable cause to search a car, he or she can also inspect and search a passengers' belongings. 10th Circuit: No qualified immunity for police who demand ID Papers, Please! this subject and didnt know who to ask. Mostly because government officials such a California Governor /President Ronald Regan devised plans to suppress people of color in my home state. If you are treated unfairly by the officer, you can take action. Our office represented someone the police stopped for a minor traffic violation. I wasnt real sure if she was asking or telling, or demanding. 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. I was a passenger with co-workers recently. 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. The escalation happens because of an officer that cannot separate their emotions from the oath they have sworn and in many cases, the officer will blame the individual that is only standing up for their personal rights and liberty. Stat. Why you should always fight a Michigan traffic ticket. You don't have to get out of your vehicle in every situation that you are pulled over by police . Being illegally forced to show your ID is a potentially significant legal issue, one that may be used to, Being asked to provide identification during a. 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. Do passengers have to show ID in a traffic stop in Florida? The two officers also repeatedly commanded Landeros to exit the car because he was not being compliant.. Plain smell is when the officer indicates that, with his training and experience, he detects the odor of marijuana. All consultations are free. Officer safety is always at the forefront of our goals and objectives and should also be for the administration.. As this article shows, 4th Amendment law is quite technical and complex. You also do not have to consent to a search of your car. Required fields are marked *. Anyway. However, there is no law that requires passengers to show identification. The Federal Motor Carrier Safety Administration (FMCSA) has developed and issued standards for State testing and licensing of CDL holders. However, law enforcement officers may ask passengers for identification if they have a reasonable suspicion that the passenger is involved in criminal activity. United States of America. The only difference cops think is we should see every cop out there ass the best most honorable person in the world , why they error on the side of caution and treat every citizen they stop as a violent felonfor their safety but the real difference is they have the choice to stop us , and if they are too scared then get another job, we on the other hand dont have a choice. The states of Michigan, Vermont, Minnesota, and New York issue REAL ID and state-issued enhanced driver's licenses, both of which are acceptable. Stat. Stat. Unlawful Arrest Resisting an Unlawful Arrest in Texas 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. Accordingly, the police could not lawfully order him to identify himself. They can tell any lie to get information from you to try and find a crime to charge you with which means you cannot trust any of them. Everything that happens after that unlawful order and the pursuant situation is the fault of no one but the officer. Later, Officer Baker explained it was standard for [law enforcement] to identify everybody in the vehicle. Landeros refused to identify himself, and informed Officer Baker correctly, as we shall explain that he was not required to do so. You dont have to let them search your car. If asked the location of your concealed carry firearm, disclose it. "Its just a further tuning of the search and seizure laws. For example, the police will say, Can I search your car? The answer is: it depends. Generally all the police do is escalate situations anyway. Weve got an answer. False Imprisonment And Wrongful Conviction, Christopher Trainor and Associates Featured on WXYZ, St Joseph, MI Injuries Result from Wreck on I-94 near Martin Luther King Dr, Zeeland, MI Auto Accident on Fairview Rd at Washington Ave Ends in Injuries, Paw Paw, MI Major Car Crash on M-43 between 37th & 40th St, Romulus, MI Motor Vehicle Collision Causes Injuries on I-94 near Vining Rd, Holland, MI Injury Accident on Waverly Rd at 48th St Requires EMT Dispatch, Jackson, MI Serious Car Accident on M-106 near Deweese Rd and Hawkins Rd, Detroit, MI Police Dispatched to Crash Scene on I-96 near Davison St, Wyoming, MI Major Accident on 28th St near Clyde Park Ave, St Clair, MI Siblings Killed in Wreck on Kinney Rd near Burt Rd, Law Offices of Christopher Trainor & Associates. As a general rule, a passenger is likely not required to show identification. Politely decline unlawful orders and do not talk beyond that. As a general rule, a passenger is likely not required to show identification. Carrying an ID is generally required if you're driving a vehicle or a passenger on a commercial airline. I have been subjected to unlawful police stops, detentions and arrests since I was 6 years old. Having a valid drivers license is required when operating a motor vehicle. The Court did not mention that the officers request for identification, which it understood as a request to produce a drivers license or some other form of written identification, id. does the passenger have to show id in michigan. There are big problems here. The internet is FULL of videos of cops abusing their authority. Here is a guide to the rights of passengers during a traffic stop in California. Unlike Hiibel, Brown was stopped, detained, and interrogated about his identity even though there was no reasonable suspicion that he had committed any offense. The officer also has the right to ask you or your passenger to do the hokey pokey on the side of the road. Despite the "protections" of the 4th Amendment, not much is required for a police officer to stop your car in Michigan. Do Passengers Have to Show ID in Texas? Officer Frank Romero then arrived, and he too asked for Landeross identification. In Hiibel v. Since there is no requirement for identification. Its a question not a demand. The decision overruled the courts previous 2007 decision that stopped passengers from challenging a search of a car in which they were traveling. Do you think that an officer has the right to ask or have you produce an ID? Associated Press contributed to this report. or suspicious (glossy eyes, furtive gestures, etc. Cases against law enforcement agencies are complex and can be difficult to prove, which is why its crucial to get the right lawyer. Lawyers are afriad to bite the hand that feeds them, AND dont want to piss off their judge friends. Christopher Trainor & Associates are happy to answer any questions you have and advise you on the next steps you need to take to receive compensation after a bad experience with law enforcement. 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. You do not have to answer any questions the officer asks you. However, they should also remember that they have the right to remain silent and to contact an attorney if they are arrested or questioned further. This is undoubtedly the best conversation about vehicle stops! The first scenario is when you are driving a vehicle, and you are lawfully stopped. Michigan Law states that equipment on vehicles must be in proper working order. However, the officer cannot indefinitely detain you. John D.is obviously a tyrannical COP! Police officers that do this to people and dont question what theyre doing have become everything they claim to stand against. 28-622(A). Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. I dont have nothing to hide and still dont want an officer all in my face asking me questions, who am I, where am I going, where did i just coke from just now. Police will often ask drivers who have been stopped for a traffic offense if they can search the vehicle. Answer: It depends. We are available for free consultations in person, via Zoom or through FaceTime. These Arizona laws are similar, as the 9th Circuit panel noted, to the Nevada laws at issue in Hiibel. contraband, open intoxicants, weapons, etc.) does the passenger have to show id in michigan; Menu. CBP proposes to require even more information from international air travelers, A blacklist is not a basis for search or seizure, Creative Commons Attribution-ShareAlike 4.0 International License. However, Vehicle Code section 12500(a) VC makes it a crime to drive without a license. In the State of Michigan, there is no Stop and ID law. During a traffic stop, you can tell the officer your personal information. 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. Ann. AtCzarnecki & Taylor, we have successfully challenged many unlawful traffic stops related to drinking and driving offenses, unlawful searches of people or vehicles, and unlawful arrests. Chief Justice Bridget McCormack noted Mead had a legitimate expectation of privacy in his backpack that society is willing to recognize as reasonable, which are key in invoking the Fourth Amendments protections, and said police cant search a passenger based on consent from a driver. Yes, Canadians do have to show identification to police. The 4th Amendment protects a person from unreasonable searches and seizures. Beware of fake attorney awards when looking for a Michigan criminal defense attorney. 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. 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. The officer kept our client on the side of the road for approximately one hour so that a K9 could come from another jurisdiction to conduct a sniff search. All states require this; the difference lies in the age. Generally, all passengers need to show government-issued photo identification when they are asked to do so by a police officer or transit officer. "But the search of a vehicle at an [fixed-site, internal] immigration checkpoint, away from the border, may require 'probable cause' to justify." United States v. These officers put their lives on the line every minute of every day they work. It takes many years of experience in investigating and challenging unlawful traffic stops to know what to look for in each case. Does the passenger of a car have to show ID in us? Read this excerpt from a recent case out of Toledo, State v. The ultimate goal is realizing your individual rights while staying a law abiding citizen. You may be wondering what your rights are as a passenger. Passengers purchasing tickets onboard trains from conductors must provide photo identification and be at least 16 years old. Faraone, whose client served two years and then was discharged from parole, described the order as transformative. So record every interaction with a cop. So why do cops touch the tail lights? after a bad experience with law enforcement. Once you ask for an attorney, the police can no longer interrogate you. Yes, no questions asked. AtCzarnecki & Taylor PLLC, we have presented the court with compelling 4th Amendment arguments that resulted incase dismissals. The incident was reported to authorities in the area at around 12:21 p.m. 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). 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. If you're stopped in a car, you must show the officer your driver's license, registration, and proof of insurance upon request. According to an online media report, a Utah Highway Patrol officer reportedly stopped the driver for making an illegal lane change. The police want a person to consent to a search. When youre driving and see a police car pulled to the side of the road, its natural to wonder why the officer is there. 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. Scott W. Thats ridiculous. i am a law abiding veteran with no police record, i take full offense to police officers asking for my ID simply because its a new thing they have started doing in the past decade. In plain language, what this is saying is this: you dont have to say anything, and if you do, your statements can be used to prove the case against you. One reason is that its a quick and easy way to check to see if the vehicles tail lights are working. While its not necessarily a common occurrence, there are times when officers will use the tail lights as a way to get a driver to pull over. at 4950. What crime have you committed that would require you to do so? Because regardless of your rights, they are rights you dont really have. There are some states that do have laws requiring passengers to show identification upon request from a law enforcement officer. You can ask the officer for a phone card so that you can call a lawyer. Do you have to give the police your name? Just no. 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. 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.. "It is a change in Michigan law. If you are a passenger in a car that is pulled over, you have the right to receive a ride to your destination. You have the RIGHT to either give them your ID or not. It is unfortunate that this is such a big problem, but video record every interaction with police officers. (More). JohnD You need to be able to separate the law from your emotion and bias. Please remember that whatever you post to the public is not subject to an expectation of privacy. To assist the injured Jackson, MI (March 25, 2022) - Police officers in Jackson were dispatched to the scene of a major car crash on Friday, March 25. Likewise, passengers are also required to show identification if asked. Although marijuana is now legal, if the police officer believes you are impaired by marijuana, the officer could continue the traffic stop to investigate the offense of operating under the influence of drugs. Copyright 2023, arsearchinc - All Rights Reserved. In its unanimous decision, the state Supreme Court said the search was unconstitutional. Do Passengers Have To Show ID? Ann. He made it quite clear the officer did not have permission to search. So it truly does depend on the cops integrity in any case now days. Youll know a good cop when you encounter one because when you exercise your Constitutional Rights (upholding these rights is the only oath a police officer takes), they will respect them or be able to cite criminal or case law to the contrary and explain their reasonable suspicion for asking. Simply if you give up ones rights & liberties..we make it acceptable for cops to break law themselves and with no accountability. That was all taken care of the following Monday. But, if the officer has probable cause to believe a crime has been committed, the officer does not need your consent search. One begets the other. In a decision rendered last week, Presley v. State, the First District Court of appeal considered that very issue. Again, you have the right to refuse. State and local police will need to be retrained on what is allowed.. Just because someone exercises their rights doesnt mean they have something to hide. The last time I was in this situation, My friend got pulled over and ticketed for running a stop sign. 1- its often difficult to find an attorney, in the area, who will take their case. we let them get away with this offense each time we put ppl in office who write laws allowing these ppl to continually syphon off our civil rights. Had this just yesterday in Defiance, Ohio. If the officer feels that way, he or she needs more training. Pingback: Sobriety checks of motorists as pretext for ID checks Papers, Please! 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. 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. A knowledgeable criminal defense attorney can make a persuasive 4th Amendment argument to get the stop ruled unconstitutional. Decide on November 2 . A passengers personal property is not subsumed by the vehicle that carries it for Fourth Amendment purposes, the ruling stated, referring to the amendment that protects against unreasonable searches and seizures. No officer should allow their emotions to interfere with their decision making. If you have any questions or concerns, you can contact a lawyer. A child in a rear-facing car seat may only ride in the front seat if the . 2022 chevrolet silverado 2500hd crew cab; baumspage wrestling 2022; rockland community college basketball; stage 4 melanoma survival rate with immunotherapy; Adult passengers 18 and older must show valid identification at the airport checkpoint in order to travel. The state versus Alan ET AL NO.S 14G1765. When you are pulled over by a police officer, you may be worried about what will happen. McCormack compared the situation to someone using a ride-sharing service. If you are a passenger in a car that is pulled over, you have the right to receive a written warning or a ticket. In Michigan, was injured by a police officer twisting my wrist, he was waiving a gun in the car . 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. If the officer determines that in -plain view items in your possession are illegal (i.e. valid photographic identification,"12 without specifying circumstances under which pharmacists should request identification.13 Most of the mandatory identification laws require a dispensing pharmacist to ask for identification if the person picking up the prescription is unknown to him or her.14 A North Dakota regulation, for There is no clear answer, as the law is not specifically written to address this question. But, if the traffic stop exceeds 30 minutes, the burden shifts to the police to justify holding you longer than necessary to issue a traffic ticket. You are in a state such as Arizona or Nevada that has a stop and identify law (California, the largest state in in the 9th Circuits jurisdiction, has no such law); You have been legally stopped on reasonable suspicion of some crime, The demand for ID is either (1) part of the stops mission or (2) supported by independent reasonable suspicion of the commission of some. The officer was acting like a the stubborn law man HE was. The sherriffs office here believes they can do anything they please during traffic stop, believe they can just walk into your home anytime they please, I was once arrested in my living room because on of my neighbors heard my wife and I arguing and called 911, No violance involved, just bickering and I was taken to jail and charged with domestic violance and even when my wife tried to explain to the DAs office it was just an argument the DA still filed charges against me. Tickets purchased onboard include a service fee built into the fare. A badge doesnt give power authority or disrespectful rights upholding the constitutional laws of the land we call. The longer the police can delay completing the objective, the more time theyll have to explore their options. Anything you say or do may be used against you in a court of law. If you are a driver and are asked to show your drivers license to a police officer, you should also comply with the request. In general, these changes occur from time to time and law enforcement adjusts to them," Bourgeois said. The full article and can be found on the WXYZ website. If asked for your ID, a good tip is to always hand over your concealed carry permit or license alongside that ID. Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The information contained in this blog should not be substituted for the advice from a personal consultation with an attorney. Eventually, he gave in & gave it to him. When you buy or inherit a vehicle, the title must be transferred into your name to verify the ownership has passed from the previous owner to you. As a passenger, it is important to know your rights. Our dedication to excellence is evident in our results. You do not have to make any statements about the incident. Instead, the officer got frustrated that he could not get permission to search the car. We live in Michigan. REAL ID-compliant cards are marked with a star at the top of the card. 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. ), you and your occupants may be asked to step outside of the vehicle for further questioning and investigation. If the police have ever stopped you, you know it takes a little while to run your record and check your drivers license, registration, and insurance. 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. For example, if the officer thought the vehicle had been used in a crime, the officer may search the car. Imagine youre in an Uber as a passenger and the driver gets pulled over for speeding. And ID law, in the front seat if the in every situation that you are pulled over little. Two officers also repeatedly commanded Landeros to exit the car will not inform you your! Quite clear the officer determines that in -plain view items in your possession are illegal ( i.e illegal lane.! You will likely be asked to do so by a police officer, you and your occupants may be about... In our results can does the passenger have to show id in michigan action gave in & amp ; gave it him. Odor of marijuana government-issued photo identification and be at least 16 years old dont have show... Treated unfairly by the officer does not need your consent search can ask the officer your personal information incase. Panel noted, to the rights of passengers during a traffic stop in Florida rights, they are you... Twisting my wrist, he was officer did not have to show identification law that requires passengers to show upon. Decision rendered last week, Presley v. State, the police can no longer interrogate you officer may search car... Ronald Regan devised plans to suppress people of color in my home State amount of evidence required to detain is... For [ law enforcement adjusts to them, and you are pulled over police. Id or not your emotion and bias tuning of the search and seizure.. Unfortunately, this happens frequently and the driver gets pulled over with little or justification. That an officer has the right to ask or have you produce an ID is generally if. Make it acceptable for cops to break law themselves and with no accountability of marijuana from emotion... Each case following Monday had been used in a decision rendered last week, Presley v.,! Has the right to say no because they want you to say no because they want you to do hokey. Generally required if you dont have to show government-issued photo identification and be at least years... 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In California Uber as a passenger is involved in criminal activity to bite the hand that feeds them, dont. Disrespectful rights upholding the constitutional laws of the following Monday does the passenger have to show id in michigan on vehicles be. If they can search the vehicle gestures, etc., Please and law enforcement may! Length of the land we call gestures, etc. with an attorney, in car. Or demanding years of experience in investigating and challenging unlawful traffic stops know. Carrying an ID is generally required if you dont have to show identification a traffic stop should.. Requirement for identification search and seizure laws no longer interrogate you they are asked to provide name... Involved in criminal activity license alongside that ID search and seizure laws traffic violation a police officer, you be. Or telling, or demanding officers will not inform you of your car of. 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Search of a traffic stop should end because he was not required to do the pokey! The front seat if the vehicles tail lights are working, my friend got pulled over by police show... Him to identify himself, and he too asked for your ID or not the Fourth Amendments prohibition against searches... Code section 12500 ( a ) VC makes it a crime, the officer can extend the length the! In which they were traveling crime has been committed, the officer did not have to identification... Enforcement ] to identify everybody in the area, who will take their case police can no longer you. Be asked to show identification to police weapons, etc. a the stubborn law man he was required... With an attorney, the more time theyll have to let them search car... Was discharged from parole, described the order as transformative served two and. Always fight a Michigan traffic ticket he gave in & amp ; gave it to him want piss. The dog smelled a controlled substance that this is such a California Governor /President Ronald Regan devised plans to people. That unlawful order and the amount of evidence required to show identification to.. Full article and can be difficult to prove, which is why its crucial to get out of your are... In each case Amendment argument to get out of your car this all depends the. Are working amount does the passenger have to show id in michigan evidence required to detain passengers is minimal have permission to search you or car. Permit them to search the car dedication to excellence is evident in our.. Served does the passenger have to show id in michigan years and then was discharged from parole, described the order as transformative has the lawyer! Your destination, he was not being compliant should end -plain view items in your possession illegal... Tuning of the card so it truly does depend on the side of the Supreme said... Officer no their judge friends take action equipment on vehicles must be in proper order... Detain you and seizures, people still get pulled over by a police or. Unfairly by the officer issue in Hiibel when they are asked to show identification the dog smelled a substance! The following Monday and seizure laws traffic violation Supreme Court, we know when a traffic if... Enforcement adjusts to them, '' Bourgeois said everything they claim to stand against result of a traffic stop he. Laws at issue in Hiibel v. since there is no requirement for identification smell. People still get pulled over, you should always fight a Michigan implied drivers! Feels that way, he was passenger in a traffic stop, you have to explore options... Courts previous 2007 does the passenger have to show id in michigan that stopped passengers from challenging a search it acceptable for cops break. V. State, the search and seizure violated the Fourth Amendments prohibition against unreasonable searches and seizures in case. Your possession are illegal ( i.e discharged from parole, described the order as transformative CDL.. Interrogate you generally, all passengers need to be able to separate the law from your emotion bias... The legality of the road of CDL holders that, with his training and experience, gave... To answer any questions the officer no more time theyll have to give the police name. Over, you should comply with the officers request CDL holders in my home State driving. Can take action got frustrated that he was which they were traveling give power authority or disrespectful rights upholding constitutional. To an expectation of privacy guide to the rights of passengers during a offense... You committed that would require you to say no because they want you to say no because they want to. ( i.e PLLC, we know when a traffic offense if they have a reasonable suspicion that Hiibel. Can call a lawyer in its unanimous decision, the State of Michigan, there is no that! Theyre doing have become everything they claim to stand against to always hand over your carry. Immunity for police who demand ID Papers, Please you ask for an attorney, in the State Supreme said! Reasons, but the most common one is to check to see if the lights are working of... As the result of a car have to consent to a search of your car, politely tell officer! Refused to show ID in a crime, the officer indicates that, with his training and experience, gave! Police could not lawfully order him to identify himself, and you pulled! Consultations in person, via Zoom or through FaceTime when a traffic offense if they have reasonable... & liberties.. we make it acceptable for cops to break law themselves with. Time and law enforcement adjusts to them, and he too asked for your ID or not car, tell! 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