The Indiana Court of Appeals reversed a man's conviction for Refusal to Identify Self, a Class C Misdemeanor. The man was a passenger in a car driven by his girlfriend, who was stopped for making an illegal turn. After obtaining the girlfriend's (driver) identification, the police officer questioned the passenger as to his identity. The man refused to comply. He was then arrested, and later convicted at a bench trial, of Refusal to Identify Self, a Class C misdemeanor.
The Court of Appeals reversed the man's conviction, holding that because there was no reasonable suspicion that the passenger had committed any ordinance or infraction violation, he was not subject to the requirement to identify himself under Indiana Code 34-28-5-3. Under Indiana law, if police believe in good faith that a person has committed an infraction or ordinance violation, the officer may detain the person to inform them of the alleged violation and obtain their name, address, and date of birth. If the person refuses to comply, they can be charged with Refusal to Identify Self, a Class C misdemeanor.
Police often use infraction traffic stops to interrogate passengers and seek to identify unrelated crimes. However, as a general proposition under Indiana law, citizens are not required to interact with police officers. If there is no reasonable suspicion that a passenger has committed an ordinance or infraction violation, the Indiana Court of Appeals has held that the passenger cannot be compelled to identify themselves or submit to interrogation.
Passengers in vehicles can be the target of investigations for crimes ranging from substance offences such as public intoxication, minor consumption of alcohol, and visiting a common nuisance, to major felonies such as possession of a firearm by a serious violent felon and other firearms charges. If you are a passenger in a vehicle, you should be aware that if police have reasonable suspicion that you have committed an infraction or ordinance violation, you can be compelled to identify yourself. You can also be briefly detained during a traffic stop so that police may alleviate any concerns about officer safety during the stop. However, if there is not reasonable suspicion that you have committed any infraction or ordinance violation, police cannot compel you to identify yourself or to submit to interrogation. If you have been arrested following a traffic stop in which you were a passenger, you should contact an experienced criminal attorney. You may have a viable motion to suppress the evidence against you.
so does this mean, if a driver is stopped and found to be dws and arrested, that the passenger is free to leave? because recently in a situation the passenger was held, then treated like he was under arrest and asked to put hands on dash and then head and exit the vehicle. he was then asked if he had any weapons and answered honestly that yes he had a gun in waistband, and at that point he was treated like a violent criminal and arrested for possesion of handgun without a license. the charges were then changed to c felony because he was a previous felon and had signed plea agreement 5 yrs ago to resisting police. did they have the right to search him or ask him any questions since the driver was already placed under arrest and no longer near the vehicle?
Police must have reasonable suspicion, based on the totality of the circumstances, to detain or interrogate a passenger. However, police can (and do) attempt to initiate supposed voluntary conversations to elicit evidence of a crime. When there is a traffic stop, it is always in the passengers best interest to remain silent.
The specific answer to your question depends on the "totality of the circumstances" and it would be helpful to take the arresting officers deposition. The passenger should aggressively pursue developing a suppression issue, both to challenge the seizure and arrest and to use in any plea negotiations. For a detailed review of the matter, you may schedule a phone conference or meeting by calling my office at 765-742-8440.