Virginia  |  Criminal Law

Legal Question

Asked on: 5/16/13, 10:19 am

Obligation to produce drivers license while in vehicle on church school property. Person was asleep with sun visor in windshield on private church property when approached by police officer, who demanded drivers license. As the vehicle was not on public property, the vehicle not being operated, was this a legal demand, and is putting the person refusing to comply in full custodial arrest a requirement?

The officer approached in response to a suspicious person call, no formal complaint from the school.

1 Answer

Answered on: 5/18/13, 7:18 am by Michael E. Hendrickson

Yes, the cop was likely within his rights to demand ID of the person

under the circumstances described and upon this person's refusal

to comply, arresting him (in my opinion). The arrest was not a requirement

but within the cop's discretion once he had what's known as "probable cause"

based upon this refusal and, perhaps, other factors as well.

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