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Posted: 11/16/2018 9:10:41 PM EDT
Looking for info from leos........ is there a legal requirement for rolling windows all the way down during a traffic stop or dui check point???  Yes or no.  I know an officer can request me out of the car at any time..... fine.   But as I drove home today I see yet again officer friendly all up in cars passenger side .  Leads me to ask the question...
Link Posted: 11/16/2018 9:11:28 PM EDT
[#1]
Shotar....heres your time to shine.
Link Posted: 11/16/2018 9:11:59 PM EDT
[#2]
In!
Link Posted: 11/16/2018 9:12:50 PM EDT
[#3]
Who is Shotar?
Link Posted: 11/16/2018 9:15:02 PM EDT
[#4]
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Quoted:
Who is Shotar?
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A local ohio popo...
Link Posted: 11/16/2018 9:17:10 PM EDT
[#5]
Quoted:
Looking for info from leos........ is there a legal requirement for rolling windows all the way down during a traffic stop or dui check point???  Yes or no.  I know an officer can request me out of the car at any time..... fine.   But as I drove home today I see yet again officer friendly all up in cars passenger side .  Leads me to ask the question...
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No.
Link Posted: 11/16/2018 9:18:49 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No.
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I just watched a court case where that was used as obstruction....
Link Posted: 11/16/2018 9:20:25 PM EDT
[#7]
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
Link Posted: 11/16/2018 9:21:39 PM EDT
[#8]
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Quoted:

I just watched a court case where that was used as obstruction....
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Interesting, not a lawyer but seems that would be self incrimination.
Link Posted: 11/16/2018 9:22:02 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
View Quote
That's what I thought too... ...but I'm hearing troopers in court using not rolling windows down as pc......
Link Posted: 11/16/2018 9:22:31 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.  
View Quote
FIFY
Link Posted: 11/16/2018 9:22:52 PM EDT
[#11]
On a traffic stop If you don't roll the window down for me if I ask you to I'll just have you get out of the car and we can do business standing on the side of the road.

We don't do checkpoints here.
Link Posted: 11/16/2018 9:23:14 PM EDT
[#12]
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Quoted:
FIFY
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Roger that...
Link Posted: 11/16/2018 9:23:28 PM EDT
[#13]
Cop Blocker's are pro's at this sort of thing. I would seek their advice and counsel on this matter.  
Link Posted: 11/16/2018 9:23:58 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
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lol

let's just say you shouldn't ever give advice.  ever.
Link Posted: 11/16/2018 9:24:24 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
View Quote
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
Link Posted: 11/16/2018 9:24:27 PM EDT
[#16]
@Miami_JBT
Link Posted: 11/16/2018 9:24:48 PM EDT
[#17]
It would have to be articulated as obstruction somehow. But no there is no distance it must be rolled down.  But all DWI checkpoints are unconstitutional bullshit, don’t care what the court says.

They are the polar opposite of what’s legally required for EVERY other traffic stop.
Link Posted: 11/16/2018 9:24:48 PM EDT
[#18]
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Quoted:
On a traffic stop If you don't roll the window down for me if I ask you to I'll just have you get out of the car and we can do business standing on the side of the road.

We don't do checkpoints here.
View Quote
No problem with that....totally in your tool belt.  What I'm not down with is using that as evidence as lack of cooperation or obstruction.
Link Posted: 11/16/2018 9:30:22 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
Thank you for your input Justice.  I get ya.  You can pull a driver.....damn...I wish I could inbed this video...but a guy who blew zeros is in court based upon the window not being down all the way
Link Posted: 11/16/2018 9:30:40 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
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Mimms was being issued a summons
Link Posted: 11/16/2018 9:31:11 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Thank you for your input Justice.  I get ya.  You can pull a driver.....damn...I wish I could inbed this video...but a guy who blew zeros is in court based upon the window not being down all the way
View Quote
post a link to the video
Link Posted: 11/16/2018 9:33:41 PM EDT
[#22]
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I just watched a court case where that was used as obstruction....
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Quoted:
No.
I just watched a court case where that was used as obstruction....
Did they partially roll down the window or not at all? I've had a few incidents during OVI checkpoints and traffic stops where folks partially rolled down their windows. No big deal - they still provided me with their operator license and they went on their way when I was done with it.
Link Posted: 11/16/2018 9:33:47 PM EDT
[#23]
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Quoted:

post a link to the video
View Quote
Go to youtube...the header is. Man charged with obstruction at dui checkpoint goes before
Link Posted: 11/16/2018 9:34:15 PM EDT
[#24]
Link Posted: 11/16/2018 9:35:10 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Did they partially roll down the window or not at all? I've had a few incidents during OVI checkpoints and traffic stops where folks partially rolled down their windows. No big deal - they still provided me with their operator license and they went on their way when I was done with it.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
No.
I just watched a court case where that was used as obstruction....
Did they partially roll down the window or not at all? I've had a few incidents during OVI checkpoints and traffic stops where folks partially rolled down their windows. No big deal - they still provided me with their operator license and they went on their way when I was done with it.
I'm seriously impressed.... thank you for what you do...
Link Posted: 11/16/2018 9:36:17 PM EDT
[#26]
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Quoted:
That would be laughed out of court where I am from. Hell, it wouldn't, and shouldn't, even make it to court.
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Quoted:
Quoted:
Quoted:
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
Thank you for your input Justice.  I get ya.  You can pull a driver.....damn...I wish I could inbed this video...but a guy who blew zeros is in court based upon the window not being down all the way
That would be laughed out of court where I am from. Hell, it wouldn't, and shouldn't, even make it to court.
Good to hear ....seriously
Link Posted: 11/16/2018 9:36:41 PM EDT
[#27]
I have manual crank windows.

I don’t want to get shot for reaching.
Link Posted: 11/16/2018 9:37:29 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
View Quote
Wrong. Pennsylvania VS. Mims

You can be ordered out of the vehicle regardless.
Link Posted: 11/16/2018 9:38:13 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
On a traffic stop If you don't roll the window down for me if I ask you to I'll just have you get out of the car and we can do business standing on the side of the road.

We don't do checkpoints here.
View Quote
I do the same. And when the driver refuses that it gets messy.

I should add that check points are more or less illegal here in WI. We don’t do them and the fuckery used to get around the 4th amendment is garbage regarding them.
Link Posted: 11/16/2018 9:39:12 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wrong. Pennsylvania VS. Mims

You can be ordered out of the vehicle regardless.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
Wrong. Pennsylvania VS. Mims

You can be ordered out of the vehicle regardless.
Not arguing having to get out....... they can make you.   My question is is there a limit on the window being rolled down.....many Leo's will say all the way
Link Posted: 11/16/2018 9:39:44 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Mimms was being issued a summons
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
Mimms was being issued a summons
Mimms v Pennsylvania and Maryland v Williams said that the driver and all passengers can be ordered out of the vehicle. It doesn't matter whether or not they're getting citations. If there is no reasonable suspicion or probable cause for the stop/detention then any cites/arrests/evidence collected become "fruits of the poisonous tree" and can get thrown out in court.
Link Posted: 11/16/2018 9:39:49 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wrong. Pennsylvania VS. Mims

You can be ordered out of the vehicle regardless.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
Wrong. Pennsylvania VS. Mims

You can be ordered out of the vehicle regardless.
Not arguing having to get out....... they can make you.   My question is is there a limit on the window being rolled down.....many Leo's will say all the way
Link Posted: 11/16/2018 9:41:22 PM EDT
[#33]
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Quoted:
post a link to the video
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

Thank you for your input Justice.  I get ya.  You can pull a driver.....damn...I wish I could inbed this video...but a guy who blew zeros is in court based upon the window not being down all the way
post a link to the video
Rogue....watch the video.....its a multi part deal but....
Link Posted: 11/16/2018 9:42:13 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Not arguing having to get out....... they can make you.   My question is is there a limit on the window being rolled down.....many Leo's will say all the way
View Quote
It depends. I guess my question is why gamble? Roll the window down, do whatever is mandated, be on your way?

I guess I really don’t understand the game.
Link Posted: 11/16/2018 9:44:17 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I do the same. And when the driver refuses that it gets messy.

I should add that check points are more or less illegal here in WI. We don’t do them and the fuckery used to get around the 4th amendment is garbage regarding them.
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Quoted:
Quoted:
On a traffic stop If you don't roll the window down for me if I ask you to I'll just have you get out of the car and we can do business standing on the side of the road.

We don't do checkpoints here.
I do the same. And when the driver refuses that it gets messy.

I should add that check points are more or less illegal here in WI. We don’t do them and the fuckery used to get around the 4th amendment is garbage regarding them.
Not sure why it would be messy...I'd much rather face you for my speeding  ticket than half your torso in my car sniffing for my diving wetsuit....
Link Posted: 11/16/2018 9:46:35 PM EDT
[#36]
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Quoted:
It depends. I guess my question is why gamble? Roll the window down, do whatever is mandated, be on your way?

I guess I really don’t understand the game.
View Quote View All Quotes
View All Quotes
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Quoted:
Quoted:

Not arguing having to get out....... they can make you.   My question is is there a limit on the window being rolled down.....many Leo's will say all the way
It depends. I guess my question is why gamble? Roll the window down, do whatever is mandated, be on your way?

I guess I really don’t understand the game.
The old game was ok.....again...as I see the young Leo's hanging all the way in from the passenger side, I'd say that changes things no?
Link Posted: 11/16/2018 9:52:35 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
View Quote
That’s entirely wrong
Link Posted: 11/16/2018 9:52:36 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The old game was ok.....again...as I see the young Leo's hanging all the way in from the passenger side, I'd say that changes things no?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:

Not arguing having to get out....... they can make you.   My question is is there a limit on the window being rolled down.....many Leo's will say all the way
It depends. I guess my question is why gamble? Roll the window down, do whatever is mandated, be on your way?

I guess I really don’t understand the game.
The old game was ok.....again...as I see the young Leo's hanging all the way in from the passenger side, I'd say that changes things no?
I didn't watch the video, but if there are LEOs sticking any parts of their bodies into an occupied vehicle they really need to consider changing their tactics.
ETA: I won't even stick my hand into a vehicle to grab a license or paperwork - the driver or passenger is dangling that stuff out the window for me to easily reach.
Link Posted: 11/16/2018 9:57:06 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
View Quote
OR for the officer's safety
Link Posted: 11/16/2018 9:57:58 PM EDT
[#40]
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Quoted:
That would be laughed out of court where I am from. Hell, it wouldn't, and shouldn't, even make it to court.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
You have to show ID if you are operating a motor vehicle. I don't  think you have to roll your window down farther than needed to hand over your DL.  You can be ordered out if the LEO has PC that you are intoxicated or have committed another crime.
You don't need pc to have an operator  get out of a car. Pennsylvania v Mimms
Thank you for your input Justice.  I get ya.  You can pull a driver.....damn...I wish I could inbed this video...but a guy who blew zeros is in court based upon the window not being down all the way
That would be laughed out of court where I am from. Hell, it wouldn't, and shouldn't, even make it to court.
Same here.
Link Posted: 11/16/2018 9:58:13 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Not sure why it would be messy...I'd much rather face you for my speeding  ticket than half your torso in my car sniffing for my diving wetsuit....
View Quote
It gets messy when the driver won’t roll down the window or step out.
Link Posted: 11/16/2018 10:01:03 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I didn't watch the video, but if there are LEOs sticking any parts of their bodies into an occupied vehicle they really need to consider changing their tactics.
ETA: I won't even stick my hand into a vehicle to grab a license or paperwork - the driver or passenger is dangling that stuff out the window for me to easily reach.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:

Not arguing having to get out....... they can make you.   My question is is there a limit on the window being rolled down.....many Leo's will say all the way
It depends. I guess my question is why gamble? Roll the window down, do whatever is mandated, be on your way?

I guess I really don’t understand the game.
The old game was ok.....again...as I see the young Leo's hanging all the way in from the passenger side, I'd say that changes things no?
I didn't watch the video, but if there are LEOs sticking any parts of their bodies into an occupied vehicle they really need to consider changing their tactics.
ETA: I won't even stick my hand into a vehicle to grab a license or paperwork - the driver or passenger is dangling that stuff out the window for me to easily reach.
Yeah, that seems like a big risk for the officers.  I am not a cop, but I sure as heck wouldn't want to be in a compromised position like that.
Link Posted: 11/16/2018 10:03:09 PM EDT
[#43]
Link Posted: 11/16/2018 10:27:50 PM EDT
[#44]
Generally if you blew less than a .08 the magistrate would nol pros it (hope I remembered
the term right) and turned you loose. There were exceptions to that, but it normally worked
that way. If you wanted him to the officer was supposed to give you a ride back to your car.
The reason was the magistrate just declared you not guilty.
Link Posted: 11/16/2018 10:41:33 PM EDT
[#45]
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Quoted:

It gets messy when the driver won’t roll down the window or step out.
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 I got ya....I would imagine that would be sporty
Link Posted: 11/16/2018 10:42:24 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
@Miami_JBT
View Quote
Link Posted: 11/16/2018 10:43:19 PM EDT
[#47]
So my take away even with a few boys in blue here is there isnt a specific distance the window has to travel.  If I can hear you and you can hear me we are good.  No?
Link Posted: 11/16/2018 10:46:20 PM EDT
[#48]
At that point, you are going to be arrested and go to jail.  You are just negotiating points for your defense lawyer to argue you aren’t guilty after several thousand in legal fees, court costs, bonds, and lost time.

You know who thinks that is a good deal?  Guilty people.
Link Posted: 11/16/2018 10:47:29 PM EDT
[#49]
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Quoted:
At that point, you are going to be arrested and go to jail.  You are just negotiating points for your defense lawyer to argue you aren’t guilty after several thousand in legal fees, court costs, bonds, and lost time.

You know who thinks that is a good deal?  Guilty people.
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Arrested for??
Link Posted: 11/16/2018 10:52:30 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Arrested for??
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Driving while intoxicated.  Because contrary to GD’s masturbatory fantasies, sober people don’t go around refusing to roll their window all the way down.
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