Can Officers ID Passengers? Case Law for Cops

The NM Supreme Court recently overturned State v. Affsprung, addressing the authority of police officers in New Mexico to ID passengers. I break down State v. Salas in this episode and highlight key takeaways that every officer must know.
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Legal Training for Police Officers:
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Case Law Discussed in This Episode:
➡️ State v. Affsprung, 2004-NMCA-038
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➡️ State v. Salas, No. S-1-SC-38861
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➡️ Arizona v. Johnson, 555 U.S. 323 (2009)
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➡️ State v. Tuton, 2020-NMCA-042
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➡️ SEE ALSO - City of Roswell v. Hudson, 2007-NMCA-034
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⚡️ Upcoming Advanced Legal Training for Police: tacticalattorn...
Podcast available where you listen to podcasts or listen now here: www.spreaker.c...
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal training for New Mexico police officers. Courses and contact information available at policelegaltrai...
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: www.subscribep...
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.

[@joeraywilliams]

Cops can question anybody.. they cannot compell you to answer or cooperate. Actually the title to this video should be " Do passengers have to answer questions"

[@ParkerRoams]

questioning is one thing, presenting ID is another. Legally you never have to answer questions as a citizen but there are plenty of scenarios where legally you ARE required to ID

[@joshuac7]

As a Peace Officer.. I sincerely wish you had way more followers and views. VIDEOS LIKE THESE ARE SO IMPORTANT I CAN’T STRESS IT ENOUGH. Legal authority should be the first question you ask yourself on any call, and continuously asked as you progress through the call before any action you take. Please post often, and keep up the good work!

[@tacticalattorney]

Thank you! I really appreciate it. Lots of more content planned. Stay tuned.

[@arkive11]

*Keep your co-workers accountable Joshua.* *The people are watching now more than ever.*

[@Sarge395]

Everyone in the car state ‘I want a lawyer’ if questioned and shut up. Provide documents upon request and that’s it.

[@curtbressler3127]

before having watched the entire vid.....It's never UNLAWFUL for an officer to ask anyone a question. Where the confusion comes from is the insistence by the police officer that it's UNLAWFUL for the person to refuse to answer unless they're under arrest. If cops did their jobs right, they'd ask, the person refuses and then they MOVE THE FUCK ON!!!! But cops, erroneously, have it in their heads that whatever they say, whatever they ask....MUST BE COMPLIED WITH!!!

[@mikhaelis]

If you invoke your 5th and ask for an attorney it is illegal for cops to ask you anything.

[@eyeonitnow]

You're both right.

[@lt4753]

You give some great info! Thank you

[@tacticalattorney]

Thanks, much appreciated!

[@otisdriftwood6723]

The officer can question him but it doesn't mean he has to answer

[@alfrede.newman1838]

Please take this as just being constructive BUT it took at least a long 6 minutes to spill the basic facts and the issue(s). TBH it was hard to succinctly follow the video content in those first minutes to get to that point of "... ok, as the audience I think I know the essentials the presented wants me to know ...". After I think I have a succinct grasp of the basic facts and issues, THEN let's go over the legal issues and if needed I can repeat parts of the video. BUT IMHO the entire stream could have been presented in half the time.

[@tacticalattorney]

Thanks for the constructive criticism. I'm always trying to get these videos to the point as quick as possible so I appreciate the feedback!

[@alfrede.newman1838]

@@tacticalattorney It was just a suggestion, you do have very important information that needs to be shared. Keep up the great work

[@williamzander4732]

I agree flashing three cases all at once you should say If your stopped a vehicle the passenger can be questioned. Drug it out like it was big news .

[@StrykerNoStrikinGaming]

Thank you man! Appreciate it. New to the LE field just found your channel, good stuff!

[@369ThegoosedrankwineThemonkey]

But I just think it's stupid for a license plate light to be out you get pulled over and ticketed I think that's stupid that's so chintzy

[@integrityrentalproperties9173]

What is new? An officer can always ask questions of person, seized or not. The person being questioned simply remains silent (asserting the 5th). The point of the video is; don’t let your questions (answered or unanswered) lengthen the stop, right? 🤷🏻‍♂️

[@UnitedArmsOrganization]

Are/Do MN cops have to study Our Constitution? If so why do cops have such a hard time understanding Our Constitutional Rights? Every cop I have ever encountered has such a hard time understanding what it is our constitution says. I could site case law all day why it is a 4th amendment violation to even stop a automobile, in it daily travel.

[@Bella-vt7ol]

The fact that you have to have a podcast to school officers speaks volumes about how officers dont know the laws they are tasked to enforce 😑 End qualified immunity!

[@Kyle-eg1so]

The law always changes, see the video here...duh..... police have more continuing education than doctors. Case law is made almost everyday and police have to always be updated. Stay educated.

[@angusmackaskill3035]

short answer no

[@dsanchezc3]

Reasonable suspicion was established from the evasive responses and visuals (burgalry tools and masks). Enough to detain to determine if criminal activity is a foot.

[@tacticalattorney]

Correct, the Court made the point that reasonable suspicion is based upon the totality of circumstances, not each fact in isolation.

[@curtbressler3127]

I notice that people (often cops, lawyers and judges) stop the sentence just before the most important words. The full sentence is, REASONABLE SUSPICION OF A CRIME. Coppers always stop right after REASONABLE SUSPICION. They conveniently forget that there must be a CRIME occurring, had occurred or is about to occur. They also fail routinely to provide REASON, ARTICULATE that reason for their SUSPICION.

[@UnitedArmsOrganization]

We would love for you to do a 2A talk. I don’t understand how every American does not understand this: LAW OF THE LAND The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U. S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. This is succinctly stated as follows: "All laws which are repugnant to the Constitution are null and void." Madison, 5 US (2 Cranch) 137, 174, 176.

[@lt4753]

10th amendment

[@UnitedArmsOrganization]

@@lt4753 The 10 amendment is still limited by our constitution. Running to the 10th is a lazy way to say I’m a lazy person/cop please check out our Constitution. An then try again. LAW OF THE LAND The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U. S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. This is succinctly stated as follows: "All laws which are repugnant to the Constitution are null and void." Madison, 5 US (2 Cranch) 137, 174, 176.

[@lt4753]

@@UnitedArmsOrganization the 10th is the 10th please refuse to comply, please reach, please fight back.

[@GraysonCounty-df4zi]

I do appreciate rhat you are teaching thwm the law. Hopefully tthey follow it

[@tacticalattorney]

Thanks for the comment. I have seen remarkable differences in the quality and competency of policing after they have received legal training.

[@AndreRosario-zm8pf]

Always Attorney up. Show your driver's license and insurance. Tell your passenger say nothing

[@timclark6434]

Commandment #9: You Shall Not Bear False Witness

[@williamzander4732]

Went a cop stops you start asking him evasive question do you live around here how many kids does he have 😂😂😂😂😂😂😂😂and when he ask you plead the fifth 😂😂😂😂😂that gets them upset .

[@appamaddox8190]

Interesting.

[@User31084]

Bad boys, bad boys. Whatchya gonna do, when they take yur Q...I, Q...I??? 😂😂😂 Earning the hate since...1872 London?

[@jar407]

did miss was the passanger arested? and if cops ask question in this day and age say i have right to remain silent. now mentioned unlisenced underage driver. did cop say to passanger he cannot drive and are you lisenced to drive. also was there a burguraly reported?

[@tacticalattorney]

The passenger was arrested and convicted of Possession of Burglary Tools. A person always has the right to remain silent, but if an officer has reasonable suspicion, under New Mexico law a person must ID (give ID or reply) or may be charged with Concealing ID. I do not recall if there was a burglary reported or not. The Court held that, based upon the totality of circumstances the officer had reasonable suspicion to expand the scope of the traffic stop to question the passenger.

[@lt4753]

This is the issue. People think they know the law think they know how it’s applied. When really they just watch too much KZbin

[@UnitedArmsOrganization]

There is no such thing as a lawful traffic stop under the fourth amendment if you could read.

[@lt4753]

Lol wrong! But hey tell us all how a stop is a violation of your rights.

[@UnitedArmsOrganization]

@@lt4753 Because it is, any stop by a (piece of shit) piece officer that does not involve a commercial vehicle. Is a 4th Amendment violation, the supreme Court has ruled on it. Time & Time again. Even a low iq cop can look it up.😂🤣 don’t just believe the government tells you the truth about everything. Even cops don’t know what they swear an outh to, much less know they take a pice officer oath NOT a law enforcement oath. Again 🤣😂

[@crun1063]

You are adorable.

[@lt4753]

@@crun1063 and you don’t have a clue

[@crun1063]

I was commenting on United Arms guy up there, not you. @@lt4753