Passenger asked for ID when told no valid driver license.
My brother was out with friends when they were pulled over, the driver was told not to drive, when the police asked my brother if he had a driver's licence he told them no, they told the driver to park and walk home, they demanded my brother's id, even though he did not drink. He asked why he could just walk home with his friend, they began to demand an Id, when he gave it to them, they found out that he had a fail to appear warrant, and took him in. In doing so they had fractured his wrist, he told them that he has an anxiety condition and needed medical attention, they told him to shut up. Should he fight the charge since he was not the one who was driving and did inform the police that he did not have a driver's license to drive the car? Does he have a case to sue the officiers involved due to police brutality? My brother should have been able to have walked with his friend since he didn't break any laws. What should we do?
1 Answer from Attorneys
Re: Passenger asked for ID when told no valid driver license.
They probably had the right to ask for the ID and even after telling him to walk home to demand the ID. Driving without a license on your person is not an arrestable offense, but is an offense nonetheless. As far as the brutality claim, there may be a civil suit there, but there would certainly need to be some additional investigation to back it up.
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