Can police question passengers when pulling over a driver in California? What to know

Getting pulled over by the police can be a nerve-wracking experience for drivers and passengers.

A reader asked The Sacramento Bee if law enforcement officers can ask passengers questions when they’re stopping a vehicle, and if they can request non-drivers to show identification.

Here’s what law experts say:

Do drivers or passengers have to talk to police?

Drivers and passengers can remain silent when in a vehicle that’s stopped by police, according to the American Civil Liberties Union of Southern California.

Passengers can also ask to leave.

“If you are a passenger, you can ask if you are free to leave,” the ACLU said on its website. “If the officer says yes, sit silently or calmly leave. Even if the officer says ‘no,’ you have the right to remain silent.”

Sometimes, police officers may have the driver and all passengers get out of the car and separate them to ask questions. No one has to answer any questions, the nonprofit said.

Do passengers need to show ID?

You are not legally required to show identification, if you are a passenger in a vehicle that’s been pulled over by police, Shouse California Law Group said on its website.

“Any driving infraction is the responsibility of the driver,” it said. “Without probable cause to suspect you of an infraction, police do not have a valid reason to see your ID.”

This story was originally published November 14, 2023 at 9:51 AM with the headline "Can police question passengers when pulling over a driver in California? What to know."