3 thoughts on “Are Cyclists Required to Carry Identification?”

  1. Please consider updating this set of articles, in 2003 the Arizona Court of Appeals confirmed the trial court’s ruling in Arizona v Nathan Richard Akins that 28-1595(c) is unconstitutionally vague.

    The ruling eliminates the basis for Judge Kelly’s ruling.


    Here is the opinion from the Arizona Court of Appeals, Division One.

  2. in reading the seatbelt law
    http://www.azleg.gov/ars/28/00909.htm
    i’m wondering if section C is worded wrong, or just confusing — it sort of seems like it could only apply to the driver, and not merely a passenger;

    We can make up some (unlikely?) hypotheticals —
    suppose police see a vehicle drive by doing nothing wrong (i.e. no “reasonable cause”); and note that the driver is unbuckled. Section C specifically says they can’t do anything. So far so good.

    But what happens if we flip it and say it’s the front seat passenger who is unbuckled? Suppose, just then (more unlikely events!), the car pulls into a parking space, can the cops grab the passenger and give him a citation?

    Then, just for fun, suppose both the driver and passenger are unbucked. Section C clearly says the driver can’t get cited.

    There’s some interesting stuff from phx police chief vis-a-vis sb1070 and id in newpaper today interview-style:
    http://www.azcentral.com/community/phoenix/articles/20120919phoenix-police-chief-garcia-prepared-enforce-sb-1070.html
    Q: What about officers who want ID from passengers during traffic stops?
    A: The only person who has to have a driver’s license in a vehicle is the driver. That doesn’t prevent an officer from having a conversation with other people in the car. That does not prohibit us from doing that. But again, those other individuals do not have to have any kind of identification on them whatsoever. As far as I’m concerned, he can’t at that point — he has no reasonable suspicion.
    he didn’t (but probably should have) delve into e.g. peds or bicyclists who are often in violation of traffic codes…. And I’m guessing it didn’t occur to Chief Garcia that a passenger *can* be in violation, via the seatbelt law (can you think of any others, littering maybe?)

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