User Panel
When you get pulled over you are technically under arrest. (at least in VA)
|
|
Being right doesn't matter when you are getting the beat down for resisting.
|
|
Oh, if they can lawfully require me to exit vehicle or wear cuffs I'll do it.
|
|
If they ask you to step out of the vehicle you need to do it or be able to take a hit by the tazer... I think them asking you to accept cuffs is a polite way of saying im gonna cuff you so dont resist. I would assume it goes over alot better if the perp feels the cop is being nice and not a complete jerk. bees with honey vs vinegar thing. Cops are just doing their job most of the time and trying not to get stabbed or shot in the process.
|
|
|
|
When you are stopped on a traffic stop you are considered temporarily seized by the officer. You have to follow all lawful commands, including getting out or getting back inside your vehicle. You can be placed in handcuffs for officer safety if the officer can articulate why.
About the only thing you have a say-so in is giving consent to search your vehicle. |
|
You make these statements but would be the first to call the cops if your car got stolen or house broken in to. Remember that if this happens, he may be a little late because he needs to get his "quota" of tickets to generate some revenue.
|
|
+1 |
|
|
Reasonableness is subjective to the person, question and situation. |
|||
|
And I am just the opposite - the thought of having an armed individual walk up to my truck door while I am stuck seated give me the willies.
I get out of my vehicle or off my scoot and am generally waiting, license and insurance card in hand, for the LEO vehicle to come to a stop and officer to get out. Just as there a good folks and bad same applies to law officers and I prefer to be "on my feet" lest the unthinkable occur. mike ps - and yes I have had a number of occassions where I have been ordered back into the vehicle - which I simply ignore, for "those" are the types I'm outta the vehicle and on my "feet" for..... |
|
In VA if asked and you refuse you be cuffed and stuffed.
You may beat the rap but you wouldnt beat the ride. |
|
|
|
|
Yeah that's asking some scared cop to shoot you, or shoot herself trying to get her gun out. |
||
|
This thread is going to lead people to make poor life choices that definitely result in arrest.
|
|
Post a pic of yourself. You'd do well to listen to Aimless. |
|
|
Cops do NOT have to tell you the truth. Know your rights before you need to use them. |
|
|
Did ya'll chase that guy off with all of your mockery or what? lol What was/is his member name? |
|
|
Thats BS and you know it. Why do any of you GD posters persist in posting this sort of misinformation.
The OP is not being reasonable at all in his posts.
I agree with you; Wilson is going to get himself in trouble one of these days if he keeps that up. Ignoring the officers commands? Not good at all. A very few officers want the driver out; under most circumstances, most prefer that the driver remain in the vehicle. The driver does not get to choose between those two options.
Your understanding of why police officers do traffic enforcement is flawed. it is one of the largest single categories complaints that every agency receives. Those officers are responding to the complaints of their citizens. In most locales, the fine money doesn't even go to the municipality or agency the officer works for, and in most cases tickets are a revenue drain. So much for your theories. |
|||||
|
He probably never got the name, or a good look at the guys face as he was most likely spun around and something long and nightstickish was plowed into him. |
||
|
Not true. Consent takes away all questions of the probable cause regarding a nonconsentual search. The owner said it was OK to search. Although I may have P.C. to search a particular vehicle, if I obtain consent to search then there can be no suppression of any contraband seized. Many times after someone refuses consent I explain to them why I am going to search anyways. |
|
|
2 or more reasons? Where do you people come up with this stuff? |
||
|
Thats funny police here usually tell people to stay IN their cars.
If they ask you to get out its either because you ARE going to be cuffed and stuffed OR they are going to give you a field sobriety test. |
|
Also, reasonable suspicion does not grant the right to search.
If you don't have a warrant, all searches/seizures are presumed to be unconstitutional, with some exceptions. I'm interested to see how many can name them. |
|
I would not know. Its not relevant in our county. There is a Superior Court judge working 24/7/365 at 4th Ave Jail. Any officer in this county just picks up their cell and calls, he can get a vehicle search warrant in about 3 minutes (or be told to fuck off). There is no such thing as a warrantless non-consentual search here, just way too easy to get a warrant. Same thing with body searches, and blood draws. A warrant is only a phone call away. |
|
|
2 or more reasons? Where do you guys hear this crap? If I see blood stains in a car or smell marijuana or other illegal drugs I don't need any other reason to pull you out of your vehicle and start searching |
||
|
The OP is being quite reasonable in his posts. You on the other hand, are doing your regular routine by maligning the OP. |
|
|
I love these blanket answers based on a few news articles that show Law Enforcement Officers that don't represent the vast majority. Thats just like saying taking away guns will decrease crime, your just like all the other mindless numb people that watch the news and just nod and agree. |
|
|
Being cuffed is something one is required to submit to upon request? Seriously?
I am about as polite and respectful as one could possibly be on the rare occasions where I am stopped (speeding once every few years), but I would be genuinely offended if asked to submit to being handcuffed for a traffic stop like that. If asked, I expect I would just as politely decline "No, thanks, I would prefer NOT to be cuffed, Officer." And declining a REQUEST to be CUFFED would be a problem? I'd like to hear from LEOs and attorneys on this one. |
|
Better yet,ask the fine Policeman/woman,if you can get out of your car,then ask him/her,if you can use their car's computer,"I need to check my myspace page". Or tell fine Policeman about ar15.com,that'll remove a cruiser from patrol for vast amounts of time.
|
|
You cant pick up your phone and call for warrant? |
|||
|
Back in my misspent youth I got a metric shitload of various traffic tickets, and not once was I 'asked to step out of the vehicle'. I bet most peoples' experience mirrors my own, which means you might want to consider why it is that you are being asked to get out of the car... |
|
|
It's probable cause, don't need a warrant |
||||
|
First off, you don't always need a warrant to search a vehicle. You have a consent search, where the operator allows you to search. Next is if you arrest the operator, you can search the vehicle. Finally, if you smell drugs, or the occupants are acting strange, they will be removed from the vehicle and detained until a k9 arrives. If a K9 alerts on the vehicle, no warrant needed to search. |
||||
|
Generally, no....not unless you are a fed. Most State/local LE must obtain a warrant in writing. Vehicles however do not generally require warrants based on what is referred to as Carrol doctrine. Yes, you are required to step out....or step back in....at the offiers direction. Handcuffs?.....there must be a legal reason for them to be on. You can't just cuff someone "because". A recent case decided that issue. A terry stop is such a reason however. You only need a "reasonable" justification for putting on the cuffs. bottom line....be polite on a traffic stop even if the officer is not. Then, if you feel the need fight your battle in court, or at the department. Don't fight it on the side of the road. I wouldn't be foolish enough to try that. |
|
|
-I dont' have to exit vehicle unless I am under arrest Wrong, (think taser)
-I don't have to accept cuffs unless "" "" Wrong, (think taser) -I don't have to answer any questions whatsoever (5th) True, you dont have to, but you will be detained until positively id'ed. after that no you dont have to answer questions -I don't have to give permission to search my person or my vehicle True, Your constitutional right use it. |
|
Hypocrisy is an art in G.D. |
||
|
I hope you aren't saying I'm being hypocritical. |
|||
|
In Austin, APD will just shoot you first then ask you to step out of the vehicle
|
|
And don't forget that I usually tell folks to get qualified legal advice from somebody who knows the laws in his state, because they vary from state to state. Don't listen to every stupid son of a bitch on the internet. Although I got a feeling where on the scales the OP is. (Those being the asshole scale and the stupid scale) And BTW those assumptions are almost guaranteed to be wrong almost everywhere. |
||
|
And guess who is the one in charge of determining what is reasonable? You can answer the questions then or get a different set being asked by your wife and/or lawyer. You know the ones that include "WTF were you thinking?", "You had to be an asshole?" "Tell me again, why I had to come pick you up?", "We had a lot better things to use with the money than a bail bond fee." (and YES it is their business, because that's what you the citizen have elected representatives, who decided that they want the police to enforce. If you don't like it, your problem is with the politicians he reports to and who YOU elected.) |
||||
|
|
||||
|
I'm not maligning him at all. He is not being level-headed; his posts clearly show a confrontational attitude. That is not maligning him, its the facts. |
||
|
im'a put it simple:
he can do whatever the fuk he likes and in court its his word (worth 5 intarnets) against your word (worth 1/3 of an intarnet). So yah, yer fucked. |
|
I know an exception! Prolly not one of the one's you are thinking of though.
You mean there are officers that ask a subject permission before they cuff them? As in "Is it alright if I put handcuffs on you, Sir? Subject: "Nahhhh, I'm good officer." ??? |
||
|
Don't be jumping into border searches and boarding sea going vessels. Title 19 is the devil. |
|||
|
I agree! The Title 14 stuff is more than enough to remember, and powers granted us are plenty broad. But, the Customs authority does have it's uses. |
||||
|
There are some people in life that cannot be reached. |
|
|
That would be called reasonable suspicion. An unreasonable suspicion would be "the driver looks like a stoner." But I know a person that happened to. |
|||
|
"mind if I look in your car"
-"Sorry sir, I do not consent to unwarranted searches and seizures" "do you mind if I cuff you for my safety" - "yes sir, I do mind. As an upstanding American, I heavily value my freedom." Those few with heart enough to ask whether they are under arrest are often answered with a question: Why? Do you want to be? No. Then sit the fuck down. The correct response to "Why? Do you want to be?" is "You did not answer my question. Am I under arrest? If I am not I desire to leave now." That sharpens the point a little, but is still non-confrontational. The next round is to state that "Under the Constitution and Bill of Rights of the United States, I am free to leave unless I am being detained or under arrest. I desire to exercise those rights. I desire to leave now. May I leave?" |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.