Legal Blog

Are Passengers Required to Show ID in Georgia?

Posted by ​​Jacques Alpacino Barker | Aug 01, 2017










Short answer: No, passengers are not required to show their ID but they should verbally identify themselves to avoid further hassle.

In State v. Williams, 264 Ga. App. 199 (2003), the Georgia Court of Appeals clarified that passengers in a stopped vehicle who are detained by the stop, but are not suspected of any violation or other criminal activity, may be asked for identification by an officer; however, the officer may not convey any message that a response is required. See also Holt v. State, 227 Ga. App. 46 (1997)(unsuspected passenger's refusal to give accurate identification to officer was not a basis for an obstruction charge); Edgell v. State, 253 Ga. App. 775, 777-778 (2002)(officer at traffic stop may not detain passenger in vehicle absent reasonable suspicion of criminal activity, and may not conduct a Terry pat-down absent reasonable belief that the passenger is armed and poses a danger). Although an officer may not take a passenger's refusal to answer as providing reasonable suspicion of other criminal activity, see Terry, 392 U.S. at 34, 88 S.Ct. 1868 (White, J., concurring), the refusal may lead the officer to take additional safety precautions.

Material presented on the Barker Law Group, LLC. website is intended for information purposes only. It is not intended to be professional advice and should not be construed as such. Any unauthorized use of material contained herein is at the user's own risk. We invite you to contact us by phone, mail, and/or email, but contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

About the Author

​​Jacques Alpacino Barker

Mr. Barker is an Atlanta native. He earned his bachelors degree from the University of West Georgia and juris doctorate from Atlanta's John Marshall Law School. Mr. Barker obtained valuable experience through legal and compliance related positions, in both the public and private sector, before attending law school.

Call Us Today

Barker Law Group, LLC. is committed to being a community resource by answering your questions about any personal injury law issues in Georgia. We offer a Free Case Evaluation and we'll gladly discuss your case with you at your convenience. Call us today for a no obligation consultation.