Question about a law...
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Alright well I just heard from Marissa Berquist (sheriff Berquists daughter) that in Moorhead, if the driver of a vehicle is pulled over and is not drunk the police can't remove any passengers from the vehicle. Does this law not exist in Fargo/North Dakota that anyone knows of? I'm hoping someone like Chuck or another nerd on the boards knows...
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In north dakota if you are pulled over and you are a passenger, you can get out of the vehicle and walk away, the officer is only supposed to worry about the driver of the vehicle and not passengers.
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I just want textual proof from a city/state law or statute that says whether or not they can do that. Like I said, in Moorhead if the driver is sober all the passengers are safe...I'm wondering if this holds true for Fargo or not.
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PineInchNenis69 wrote:
Like I said, in Moorhead if the driver is sober all the passengers are safe... i can only see this holding true as long as none of the passengers screw around or provoke an aresst.... this make me curious though.... ill contact my lawyer and see if he can find out... -
I got my information from a officer in west fargo...but west fargo and fargo have different laws also.
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RidinRails wrote:
In north dakota if you are pulled over and you are a passenger, you can get out of the vehicle and walk away, the officer is only supposed to worry about the driver of the vehicle and not passengers.
wrong i couldnt get out of the car to walk 20 feet away to my house when i was a passanger when my buddy got pulled over -
did you ask him if you could? you shoulda just got out and walked to ur house...if you dont know the laws...the police will abuse them, like they obviously did to you.
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ive had the cop ask for ID's of my passengers before, even though he had no reason to.
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I don't know about you guys but when i get pulled over I don't try to push my luck. If they look hard enough i'm sure they can nail me for something.
> Mitch Hedberg wrote:
> I'm sick of following my dreams, I'm just going to find out where they are going and hook up with them later.ASE certified parts specialist.
2004 Impala LS 3.8 -
Bottom line is this: Cops can do whatever the fuck they want, as long as they can make up "probable cause." That one of the many benefits of living in a good 'ol boy town. If you not doing anything illegal, they can't ticket you for anything, they can just waste your time
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I've been pulled over before and they asked for ID's of other people. Twice actually. The one response was to make sure no one was on a terrorist watch list. The other there was valid cause, officer smelled alcohol in the vehilce, but didnt matter cause the person that was drinking was over 21. But that time I did get pulled over for loud exhaust in my jeep.
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Something interesting I read while browsing state statutes was that a person under the age of 21 has to blow above .02 to get a DUI.
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PineInchNenis69 wrote:
Alright well I just heard from Marissa Berquist (sheriff Berquists daughter) that in Moorhead, if the driver of a vehicle is pulled over and is not drunk the police can't remove any passengers from the vehicle. Does this law not exist in Fargo/North Dakota that anyone knows of? I'm hoping someone like Chuck or another nerd on the boards knows...My gut feeling is that unless they have probable cause, they cannot remove you from the vehicle. Probable cause is hard to prove/disprove however. All it would really take is one individual to smart off to the cop and I can about assure you that everyone in the car will be removed.
I'd be VERY weary about walking away from a car during a traffic stop as well. If the cop thinks that you are fleeing, you could be looking at some pretty major fines....even more so if there were illegal alcohol/drugs/weapons in the car. Fleeing and resisting arrest are NOT charges you want on your record.
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So i'd say the car smelling like beer would be probable cause enough to remove a person. Why not remove all passengers instead of just 1 though is another question. Oh well...thanks for the help Chuck..I've been searching high and low on the first link for the past day but couldn't remember the fargo ordinances site.
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PineInchNenis69 wrote:
So i'd say the car smelling like beer would be probable cause enough to remove a person. Why not remove all passengers instead of just 1 though is another question. Oh well...thanks for the help Chuck..I've been searching high and low on the first link for the past day but couldn't remember the fargo ordinances site.If car contains minors and the car smells of booze, rest assured you will all be removed.
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