Duty to inform if not the driver in a traffic stop?

So MI where I work is a “must inform immediately” state. For traffic stops where I’m the driver, I know what to do. But what if I’m a passenger? If I’m asked for ID, I’d inform… if the officer isn’t addressing me, as I’m the passenger, do I still have the duty to inform immediately? @Dawn can you ask the legal team?

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Michigan Supreme Court ruled all occupants of a vehicle are considered “stopped” with the driver, therefore you must also disclose immediately.

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That’s important to know, thank you.

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Might want to read the statutes more carefully. In most states where you have a duty to inform you have that duty anytime when contacted by LEO’s. That would mean driver or not you are required to inform.

It will be dependent on the exact wording of your statutes.

Personally knowing how LEO’s think even when not required I’m going to inform them so as to avoid ever having them surprised to find out I’m armed.

Cops surprised by guns tend to react immediately like it’s a felony stop which puts you at high risk of being shot.

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Sorry, this one slipped through without me seeing it somehow! @KevinM may have a good suggestion for us on this one.

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Law enforcement “contact” means when an LEO has a legal right to speak to you. Courts have ruled that officers may identify EVERYONE in vehicle that is the subject of a lawful traffic stop. Cops can even remove passengers from the vehicle during the traffic stop if they so choose. Here is the deal… if the cop only speaks to the driver, YOU are not involved in a law enforcement contact UNTIL the cop speaks to you. So if you are sitting quietly in the car and the nice officer says nothing to you, you have no duty to inform that officer of anything. If, during a lawful traffic stop, the officer seeks your ID… then you must follow the duty to inform laws to the letter. stay safe.

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@KevinM… given that in MI someone was convicted for failure to inform because they delayed 40 SECONDS after contact, I’d be very worried that as a passenger that rule would be applied. Any experience with the MI case law on this?

http://www.legislature.mi.gov/(S(roaoanjgeasv3eyykcphmd3r))/mileg.aspx?page=GetObject&objectname=mcl-28-425f

Michigan statutes on duty to inform. I will repeat, the Michigan Supreme Court has ruled that all passengers in a vehicle that has been stopped are considered to be stopped/detained/part of the shenanigans if you prefer. All persons carrying are required to inform immediately.

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Thank you @Spence that is what I would like @KevinM to look at.

Always good to have case law for a reference… That’s why we have these conversations. One person can’t know all 50 states.

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Where can I find information on gun laws in Illinois?

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Welcome to the Community, @Linda1!

You should be able to find all of the laws for IL on that page. If you’re interested in other states, simply click the other state on the interactive map at the top of that page. :slight_smile:

Is there a specific question you have regarding IL laws?

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As others have said, in most inform states, you are required to inform if an officer approaches you in their official capacity. Likewise, a motor vehicle stop is a seizure and all occupants are considered seized when the stop is commenced.

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In my opinion, it’s should be a universal MUST to inform a Law Enforcement officer that I’m in possession of a firearm If I’m in a vehicle subject of a stop.

If you get a WHOOOP WHOOOP, and are pulled over, inform the officer(s) after you are told why your were stop. It shouldn’t matter where you live in America or what the law states!

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In some states (@Zee) like Michigan if you wait for the officer to finish you have just broken the law. As Zee has brought out in other threads, 40 seconds was to long to wait to inform the officer. The individual was found guilty of failure to inform immediately after the stop. Zee has more details if you want to ask her about it. :no_mouth:

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In Indiana you don’t have to it your the driver are passage. But I would, it’s better to tell them, then let them find it. And I would kept my hands on 10 and 2 are on the dash.

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That was a ridiculous conviction by a judge with an obvious agenda.

I have yet to meet a cop that wouldn’t be irritated if you interrupted them in their, “introduction” and explanation for why you were stopped.

Obviously the cop had some issues too and was just looking for an excuse to put the cuffs on.

I’d love to know all the details behind that stop and see the video.

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@Zee
Do you still have the information on that stop and conviction? I am having trouble finding that post.

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Actually that particular is included in the USCCA instructor training. I’ll see if I can find it. @Dawn may know, or I can ping @Renee in the training department tomorrow.

The details about when someone was stopped in Michigan and arrested, @Zee? I don’t remember that in the course… ?

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