Question about police (state trooper) procedure?

mreilly19 · Apr 28, 2012

Hi all, I am writing a story set in 1992 along US Highway 1 in California.

My MC (a 22 year old guy) has been trespassing in a private house with a friend who broke his leg. Now the MC is walking along a deserted stretch of highway in the middle of the night in order to get back to his car to go get his friend and take him to the hospital. They elected not to call an ambulance since they'd get in trouble with the law for trespassing.

I have a California state trooper pass my MC and then stop to question him as to what he's doing. The MC says he's just out for a walk and is camping in a nearby town south of that spot (where he has actually left his car). The trooper offers him a ride, but pats him down first, then wants to check the MC's ID. Just a precaution, he says - lots of drifters on the highway.

The MC doesn't have his wallet; it's with his friend back where they were trespassing. He offers to show the trooper the vehicle registration in his car. The trooper agrees, and takes the MC to the campground where he presents the registration, even though it is not a picture ID. The trooper relays the MC's name back to dispatch, is told "record clean - no wants," bids my MC a friendly good night then leaves.

Is it reasonable that the trooper would:

-pat down the MC
-ask for/run his ID
-accept a vehicle registration with no picture?

I think it all sounds realistic, especially given this is 1992, but thought I'd check to make sure the procedure was sound.

Thanks!

Maryn · Apr 28, 2012

I'm no authority by any stretch of the imagination, but the pat-down seems unreasonable unless there's cause for suspicion that your MC is armed, carrying drugs or contraband, like that.

It seems reasonable to ask for and run his ID, simply because walking along a deserted highway in the middle of the night is itself suspicious. They'd want to be sure they're not dealing with a fugitive hoping to escape detection.

I have no idea about accepting an ID without a photograph. What reason would the trooper have to believe the car's registration is the MC's, rather than stolen along with the car? Might someone, or several someones, at the campground wake when the trooper and the MC arrive, vouching that MC is, indeed, the MC named on the registration? Taking the word of people who have nothing to gain by lying might sway him into accepting it.

Maryn, mostly guessing here

ironmikezero · Apr 28, 2012

I can't speak for the CHP or State Police, but under the circumstances presented a field interview/interrogation would likely be reasonable, if not warranted. Asking for ID and the pat-down is also reasonable. The vehicle registration would not suffice for ID. The subject's name and DOB are sufficient to run a check for wants/warrants.

A less than cooperative attitude or hinky answers to questions may merit a ride to the station for further investigation.

FWIW, the police are not a taxi service. Most agencies have policies in place about transporting persons who are not in custody. If it's not an investigative tactic, it's usually discouraged or prohibited. Supervisory authorization may be required.

Edited to add - In 1992, the CA State Police and the Highway Patrol were still two separate agencies, with different missions. The merge was on the horizon but was a bit over two years distant.

http://www.chp.ca.gov/html/merger.html

Karen Junker · Apr 28, 2012

Of course the minute he gets into his car and drives it without his license, the patrol officer can stop him and ticket him, I would imagine.

rugcat · Apr 28, 2012

The questions and the pat-down are accurate. (Especially if you're giving a ride to an unknown guy on a lonely road at night.) I don't know any (live) cops who wouldn't do a pat down for weapons before letting him into the car.

The registration is a bit more problematical. Traveling with no ID? If he has a car, where's his driver's license? That would raise red flags to me.

And BTW, I was once pulled over by a Nevada Highway Patrol officer while getting onto an on ramp after stopping for gas. He asked if I would give a civilian who was in his car a ride to the next town.

As a former police officer myself, I thought that was extraordinarily inappropriate -- but it does show that you can get away with a lot writing fiction. Such things do actually happen.

mreilly19 · Apr 28, 2012

Thanks guys. The reason the MC doesn't have his driver's license is that he has left his wallet in his backpack with his friend (who is waiting for him to come pick him up). He tells the trooper it's with his girlfriend, claiming she's staying over in a nearby town with friends; it's 4:15 am and too early to call her, etc.

It seems the real issue here is that the trooper isn't likely to accept the MC's vehicle registration as ID, even though the MC has keys to the car. I think I can cover that by either putting a picture ID the trooper will accept in the car, or by writing into the story the fact the MC forgot his driver's license at the campground where his car is parked and thanks to the 24-hour on duty clerk he can get it back and present it to the trooper. This last could be a bit too much deus ex machina, though.

jclarkdawe · Apr 28, 2012

Picture licenses didn't completely exist in the US until 1986, and were developed to stop underage drinking. And identification was a lot less stringent in 1992 then after 9/11. Many people back then who didn't have a need to drive didn't have any sort of state issued ID, never mind one with a picture. Even now, there's no requirement that you have ID with you 24/7.

Why's he saying he's out for a walk? Coherent answer, and name, the address he gives, and birth date match what's in the computer for his driver's license, and what ground is the police officer going to have for additional questioning or further ID? Especially if he has a clean record.

Back in 1992, I think the officer would play "Can You Match the Answers in the Computer," and if those are matching, then call it quits. Even now, if you match the answers from the computer, for a police officer to request further ID and detain a person until such time as they can produce it, could cause the officer some trouble.

Offering to go get the registration would seem to me to be a nervous gesture that would make me wonder what's going on. Because I'll tell you something, I've never carried an ID while out for a walk, and can't imagine why I ever would. I like to walk at night, I've been stopped, and a quick game of answer the questions and that's it.

Best of luck,

Jim Clark-Dawe

Trebor1415 · May 4, 2012

Part of the answer lies in California state law as of the time of your story.

Back in 1992 did California state law require a person to present ID to an officer on request? Especially when they aren't driving a vehicle?

If you are driving a vehicle, you have to provide a DL on an officer's request. If you aren't driving a vehicle you may or may not be required to provide an ID. You may not even be required to verbally ID yourself depending on the circumstances. It all depends on state law and what the person is doing.

If the officer has reasonable suspician or probable cause that a crime has been committed, they have more leeway, than if they just see you walking someplace. (Also, is walking/hitchhiking along HW 1 legal or illegal? If it's illegal, that gives the officer more cause)

As to the patdown, yes, absolutely, that's allowed. It's generally called a "Terry frisk" and is down for "officer safety" to make sure the person has no evidence. The officer isn't looking for evidence of a crime, he's looking for dangerous weapons to make sure he's safe with this person in his presence or in his patrol car.

As to using the car registration as ID, my feeling is it would depend on how suspicious the officer is of the character. Is he looking for a reason to bust this guy? Or did he really believe the cock and bull story about "going for a walk" alongside the highway, when he could be walking in the camp area instead, etc.

Question about police (state trooper) procedure?

mreilly19

Maryn

At Sea

ironmikezero

practical experience, FTW

Karen Junker

Live a little. Write a lot.

rugcat

Lost in the Fog

mreilly19

jclarkdawe

Feeling lucky, Query?

Trebor1415

practical experience, FTW