couple questions in us legal system

[masterbasians]

hey guys, i was wondering a couple things, thanks for anyone for help
1. if a member of your household is on a unsupervised or record check probation, can they search your house without a warrent?
2. if u r driving with another person as passenger, get pulled over, does the passenger have to give the cop identification?
thanks for help plz

 

[Totoe]

1. No
2. Yes

 

[ThaMagnificent]

1. No
2. Yes

This. Pretty straight forward...

 

[Rancho Cucamonga]

1. In most states YES. Unsupervised probation just means what it says, but if the police come to your home and a person is on probation and legally resides there, no matter what level of probation and the police know this info, they can come in without question. But why would they? Unless they are called there because of that person on probation it's really nothing to worry about. In many cases unless the police suspect something to where they would want to search the house, if someone on probation or even parole was in home they would just ask them to come outside.

2.In many cases even the driver doesn't have to produce ID. This is in a case of being pulled over for suspicion of something with no driving offense committed and nobody in car has a warrant. But in most cases the police will detain you for not producing ID if they ask, even though under the law they have no right to ask for one unless a crime or offense was committed. But in reality, yes. They can do what they want when you are out in public unless you know and assert your rights.

The real question is why are you asking? If you grow never live with a felon or someone on probation. Or has a warrant. Look at the three people just some months ago who were transporting pounds of weed from Washington state to the Dakotas and were popped because one of them had a warrant that started the whole nightmare in the first place.

When you hang with troublemakers you get in trouble.

 

[Hydrotech364]

In Tx its a charge, Failure to Identify oneself.The roomate thing isn't a big deal unless your place really reeks of bud.

 

[Rancho Cucamonga]

In Tx its a charge, Failure to Identify oneself.The roomate thing isn't a big deal unless your place really reeks of bud.

Texas law states:

Sec. 38.02. Failure to Identify.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

Only other circumstance were you are legally forced to show ID is if you are a fugative from justice(LOL) or if the crime or incident being investigated has to do with illegal liquor sales(minor possession or consumption).

It's all about having committed an offense, being under arrest/detained, or the officer believes you are a witness to a crime. Nowhere in that law does it stat you must show ID in all other circumstances. As I said, if you know the laws and assert them it can give one an advantage.

Edit-The roommate thing has nothing to do with home smelling of bud or a suspected grow house, it has to do with a person who is on parole or probation being on a lease or contract who's legal residence can be searched without cause. One would have to go state by state to find the exact laws and what levels of probation one would be subject to a no-warrant search or entry.

 

[Hydrotech364]

Texas Sheriffs and State Police make there own rules and it's there word against your's.If they want to they give ya a public intoxication and dont even have to prove you were under the influence.I learned that the hard way in Dallas.I was 16 and they put me in general population overnight.

 

[Totoe]

If your roommate is on probation he probably got convicted of a misdemeanor or plead down a low ranking felony. Unsupervised probation is just that. They should never do a check in. If they do they can search his room and the common areas of the domecile. This is in most areas.
if you are pulled over for a traffic offense they will I'd the passenger. If the passenger does not have ID they will accept ssn or dl number to look him up. They will use the traffic stop as pc to detain the passenger and you if they want, if the passenger is non cooperative or has a warrant. Also this will further their suspicions.