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Posted: 7/17/2008 2:41:07 AM EDT
[#1]
Sit in the car next time
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Posted: 7/17/2008 2:41:22 AM EDT
[#2]
As far as I know, you pretty much have to do what they tell you to do.
 However, it is true that you don't have to consent to a search. As for questions, chances are good that you are legally required to identify yourself when asked. Naturally, if you are reluctant to show your driver's license and you're pulled over, the cop is going to logically think he's got a guy who is driving on a suspended license or no license at all. Questions like "where are you going ?" "why are you here ?" and "what are you doing on the road at this hour ?" should not have answers that are directly incriminating, therefore a reluctance to answer those questions is going to raise a lot of red flags. |
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Posted: 7/17/2008 2:42:10 AM EDT
[#3]
You have to follow the instructions of the officer, yes. Where in the world do you even get the idea that any of your suggestions pass legal muster? Decide whether you are going to "accept" cuffs? Wow.
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Posted: 7/17/2008 2:43:26 AM EDT
[#4]
My thought was if he asks me to get out I would ask if I was under arrest or if not if I had an obligation to get out. If he tells me I do then I would get out.
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Posted: 7/17/2008 2:44:37 AM EDT
[#5]
You will meet Mr. Taser if you don't. It doesn't matter if it is right or wrong, you either respect the cops authority or get the cattle prod.
Another question is, if you are a passenger and are drunk do you have to exit the vehicle? If you are ordered to exit the vehicle can the LEO then charge you with public intoxication? I've heard of it being done before. |
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Posted: 7/17/2008 2:44:57 AM EDT
[#6]
That may be true, but unless I'm mistaken, they still have to have 2 or more reasons to search the vehicle. (Stains, strange smell, suspicious behavior, etc etc) |
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Posted: 7/17/2008 2:45:13 AM EDT
[#7]
In Louisiana, you should get out of the car
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Posted: 7/17/2008 2:45:44 AM EDT
[#8]
You don't have to comply with any of it, but say no and he will find a reason to arrest you.
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Posted: 7/17/2008 2:46:19 AM EDT
[#9]
Had a rough night?
I would just do as they ask. Knock on wood, I have never been asked to step out of the car even with having my CCW permit. |
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Posted: 7/17/2008 2:46:20 AM EDT
[#10]
That's correct. If they can articulate probable cause for a search, then they are going to search regardless of consent. If they really want to search that bad, they're going to find a way to do it. |
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Posted: 7/17/2008 2:47:30 AM EDT
[#11]
I know you don't have to answer any questions, make any statements, or give permission for any searches.
I have been cuffed three times since i was 17. All three times they asked me, very politely i might add, they didn't just tell me to turn around & put my hands behind back. I really don't know whether or not it was really an option. My suggestion is that if they want to feel safe they shouldn't ask me to get out, or they should wait till another cop get there to watch me while they do whatever. |
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Posted: 7/17/2008 2:50:07 AM EDT
[#12]
And it's not beneath them to create a reason.Still, never consent to a search of your vehicle. |
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Posted: 7/17/2008 2:51:02 AM EDT
[#13]
Some departments have a "handcuff/detain everyone" kind of policy. The usual justification being officer safety. Sounds like the department in question may be one of them. You're probably going to get cuffed no matter what you do. Trying to say no to being cuffed is likely to get you treated as an uncooperative subject... |
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Posted: 7/17/2008 2:52:21 AM EDT
[#14]
Of course I would give him my license & my name. As for all other question I would respectfully decline to answer them w/o the presence of legal council. |
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Posted: 7/17/2008 2:58:52 AM EDT
[#15]
Once I got cuffed when approached when walking around small IA town in middle on night (nigh owl).
Once got cuffed after getting pulled over in a dragnet on I-75 NB. The guy was nice, but this other cop was this bull dike angry @ the world 5 foot tall bitch K9 cop. Jeeze she was a bitch. The third time was at a routine traffic stop for speeding in small town FL. The guy ran up to the car real fast, like before I had it in park. He asked for my registration & I said, "well officer, I have a handgun in the glove box. Do you want me to reach over & get my registration?" Then he asked me to get out of car so he could get it. Actually, he didn't cuff me that time. Its funny. I got out, he got in & got my gun out of GB while I was standing right there behind him. Then he stands back up & ask me if I have any more? Then I said, "yeah, I have a revolver." He asked where. He got this really funny look on his face when I told him that it was in my front pocket, like he was really disgusted with himself for being such a dumbass. THen I told him bout the SP1 in the trunk. There I was in the McDonalds parking lot by the drive though w/ my AR & two hand guns on the trunk lid w/ two cops. That cop was like, "What's the rifle for...I mean, it can't be for protection..." Then the other one, who was a good ole boy actually said, ahh man, he's seen red dawn, he's prepared for when the shit hit the fan. Then the second cop proceeded to talk guns with me for five minutes. |
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Posted: 7/17/2008 2:59:00 AM EDT
[#16]
Legally those factors vary in every jursidiction.
In the real world you are at the mercy of the officer.
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Posted: 7/17/2008 3:01:35 AM EDT
[#17]
 I'll say 6 pages, lots of arguing about Terry v. Ohio, 12 references to "apologists", 5 "give that a try and see how it works out for you", 3 instances of name calling, and one mod IMing someone a reminder to play by the rules. No locks or bans though.
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Posted: 7/17/2008 3:01:38 AM EDT
[#18]
 Just how often are you getting pulled over, and what are you doing that has them pulling you out of the vehicle? |
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Posted: 7/17/2008 3:02:55 AM EDT
[#19]
The guy was makin a move, man |
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Posted: 7/17/2008 3:04:25 AM EDT
[#20]
Say no more! They HAD to get it on... |
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Posted: 7/17/2008 3:06:00 AM EDT
[#21]
I not getting "pulled out of vehicle"
Speeding, rolling stop, walking around at night, improper lane change. I have been asked to step out of vehicle only twice that I can recall, one time I was approached on foot. One time I almost got arrested for walking on the beach @ night when a robbery was committed. But they polorided me & showed it to the homeowner & then just took me home. |
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Posted: 7/17/2008 3:30:11 AM EDT
[#22]
Whenever I get pulled over by LEO, I always yell "You Will Not Touch My Firearm", followup with a massive adrenalive dump and the immediately blade at 35 degree angle.
Why blade at a 35 degree angle? Because I like to be different, that's why. |
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Posted: 7/17/2008 3:31:03 AM EDT
[#23]
Tell me if these assumption are wrong:
-I dont' have to exit vehicle unless I am under arrestwrong -I don't have to accept cuffs unless "" ""wrong -I don't have to answer any questions whatsoever (5th)basically right -I don't have to give permission to search my person or my vehicleright If a cop is being a dick can you tell him what you think or is there some sort of law against calling a cop names?don't name call Edited to Add: really shouldn't call cop names, but I would like to tell him that I perceive him to be rude & unnecessarily confrontational. feel free |
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Posted: 7/17/2008 3:31:04 AM EDT
[#24]
Pennsylvania V. Mimms covers this
Yes you do have to step out. And Maryland V. Wilson covers passengers. |
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Posted: 7/17/2008 3:34:18 AM EDT
[#25]
OP is on a path to catching a resisting charge.
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Posted: 7/17/2008 3:34:40 AM EDT
[#26]
Incorrect, well they can do anything they want by the side of the road, but they'll also have a very short and exciting career as soon as I get my hands on a computer and printer.
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Posted: 7/17/2008 3:38:30 AM EDT
[#27]
Another thing I don't like it getting asked "Papers Please." in the USA. If I am passenger or am walking around on the street I will not ever give them my ID just b/c if they are asking for it just b/c.
if a crime was committed in the area, then they can & will & should detain you & detain and/or arrest you. But I won't be hassled & asked for my papers like I in the USSR, unless of course I'm driving a motor vehicle. Its not that I have a big problem w/ cops, even though three of them I have dealt with have been major assholes, & one of them kind of a douche. Actually, most of them have been reasonable if not down right generous. |
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Posted: 7/17/2008 3:39:50 AM EDT
[#28]
This thread is going nowhere fast.
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Posted: 7/17/2008 3:42:48 AM EDT
[#29]
You forgot to yell, "DISENGAGE...." |
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Posted: 7/17/2008 3:44:47 AM EDT
[#30]
I have had that happen. He wanted me to step out and talk. I politely told him I am too drunk to get out. The officer didn't make much of a deal about it. Though after the stop (driver arrested), he tried to talk me into driving home. Not sure if he was an idiot or trying to nail me too. |
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Posted: 7/17/2008 3:47:23 AM EDT
[#31]
Fuck!!!!! I knew I was doing it wrong. I'm such an idiot!!! |
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Posted: 7/17/2008 3:47:54 AM EDT
[#32]
You will do as you are told or you will get a billy club shampoo.
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Posted: 7/17/2008 3:51:33 AM EDT
[#33]
Just how many have you had to deal with? The average person doesn't deal with officers very often. if you do, that should be a clue to you that something in your lifestyle is wrong. Ever think that the three you had problems with were less than pleasant because of that big chip on your shoulder that I can see from here? anyone who goes around posting " I wont do this" and "i wont do that" when dealing with officers has a chip. |
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Posted: 7/17/2008 3:52:36 AM EDT
[#34]
The old fail safe is to walk a dog around the car & then say, "the dog seems excited about something in the car." Then they are in like flint. Dog interpretation can be kind of arbitrary. Had that 5' lady cop pull that crap on I-75. Course, back then, they didn't even ask me if they coudld search before the walked the dog. At that time I would have consented to search. The only looked at my tool case in my trunk & not very close. |
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Posted: 7/17/2008 3:56:28 AM EDT
[#35]
Well, this is going back to when I was 16 years old. I am 28 now. Never been arrested. No drama-ridden life style. No chip here, just want to make sure I am living up to my Anglo-American Constitutional patrimony by not having a disposition to authority that is too docile. We don't do the world a favor by becoming a people willing to yield to arbitrary authority. |
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Posted: 7/17/2008 3:58:27 AM EDT
[#36]
All of which should be answered with either, "it's still a free country" or my prefered "none of your fucking business" I like cops, but it really is none of their fucking business. If I'm speeding, give me a ticket. If I ran a stop sign, give me a ticket. If I'm drunk, haul me in. But unless they are specifically looking for a fat guy in a Jeep that is robbing houses...it's none of their fucking business what I'm doing there. |
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Posted: 7/17/2008 3:58:53 AM EDT
[#37]
IBTL |
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Posted: 7/17/2008 3:59:32 AM EDT
[#38]
"You might beat the rap, but you won't beat the ride."
In court, the toughest lawyer wins. On the street, do what the cops tell you. Unless you like getting tased.
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Posted: 7/17/2008 4:02:47 AM EDT
[#39]
Which is nothing more than your fancy way of saying that you were a teen-aged jackass who gave the officers of your area no end of grief, and apparently you have maintained that mindset into your early adulthood. Arbitrary authority? What exactly do you define that as, as opposed to non-arbitrary authority?
Go ahead and be that way; the officer is looking for some reason that would explain why you violated the particular law you were stopped for. I've let plenty of people off when they gave me some reasonable answers to those very reasonable questions. |
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Posted: 7/17/2008 4:04:23 AM EDT
[#40]
That kind of attitude, i believe, just emboldens the bad apples, the ones on power trips, the ones who like being arbitrary, & the the ones who are ignorant of limits of their powers & our rights, to continue being such. If I get tased & arrested wrongfully/illegally, I am happy to be the one to sue the cop/dept for wrongful arrest etc. It is important that they know that they can't abuse their powers w/o consequence just as its important that we know we can't abuse our liberty & commit crimes against others. |
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Posted: 7/17/2008 4:06:10 AM EDT
[#41]
Theres that arbitrary thing. What exactly do you think is arbitrary about this sort of thing?
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Posted: 7/17/2008 4:08:59 AM EDT
[#42]
No, I wan't particularly troublesome as a youth. I was staightlaced to an excess really. Never even drank till I was out of high-school. Not bragging, b/c its really nothing to brag about or be ashamed of, just pointing out that I wasn't a juvenile delinquent.
And my attitude as a teenager was more to the effect of, "Golly sure officer." |
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Posted: 7/17/2008 4:12:02 AM EDT
[#43]
Police have defined powers. They have discretion to do less than the law permits them but not more. They do have latitude in certain things that amounts to being arbitrary, such as how they interpret how a dog acts when being walked around your car or how they interpret a stain on your carpet. & I am not saying that I would never tell a cop where I am going or whatever, I just am stating that I know that I can refuse to answer questions or make statements. |
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Posted: 7/17/2008 4:13:29 AM EDT
[#44]
It is not the officers business where I'm going or what Im doing. It is not in the interest of freedom for me to stroke an officers ego by making him feel he's in control of my life at a traffic stop. He is in control of seeing my license and registration.I am in control of my personal liberties. It is un-American to blindly submit to a guy who's job it is to generate revenue for his Jurisdiction.
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Posted: 7/17/2008 4:21:01 AM EDT
[#45]
I don't consent to shit. The best advice I have ever been given in dealing with the police, is to SHUT UP! If they approached me, they know why they did, let them tell me why they want me to answer any questions. There really is no benefit to talking to a police officer that I can see.
Mind if I search your car? Yes, I do mind, I would rather not have my car searched by you or anyone. ---In KY refusal to search is not PC to search. If he had a viable reason to search my car he wouldn't be asking if he could. Where are you headed tonight? That's not really your business, officer. On the street walking, let me see your ID. My name is Vengarr, I don't want to give you my ID. In KY you aren't required to show ID to a LEO if on foot out and about. In a motor vehicle you are required to show a DL, proof of insurance and registration if they ask for it. I will say I ALWAYS notify a LEO I am armed if I am, because I don't want to get shot if I get pulled out of the car because I resemble some wanted guy. |
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Posted: 7/17/2008 4:24:49 AM EDT
[#46]
I just answer direct questions in a direct manner. Yes/no questions get a yes/no answer. There's no real reason to volunteer any information beyond what is being specifically asked for. I've never been arrested, detained or even pulled over. All of my police encounters have ended with words along the lines of "OK, go home" or "Be careful/be safe". I must be doing something right.
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Posted: 7/17/2008 4:28:16 AM EDT
[#47]
True, Mr LEO could be asking you all that stuff b/c he is looking for a suspect & he want's to see if anything you might say could be at all incriminating. Maybe you already fit the description of perp & he is already made up his mind to arrest you but he just wants you to spill you guts before you know if your in trouble.
Nothing you say can possibly help you, it can only hurt you. |
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Posted: 7/17/2008 4:29:29 AM EDT
[#48]
If a public servant tells me to "Go home" he's going to be told what he can do in return. He has no business telling me what to do if 'm not being detained. |
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Posted: 7/17/2008 4:31:20 AM EDT
[#49]
I just wait for the LEO to leave, then I go about my business. Simple as that. |
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Posted: 7/17/2008 4:42:25 AM EDT
[#50]
Get out of my head! I can get a bag of chips from the chips that some of you guys have on your shoulders. It's quite ridiculous. 90% of the time your mouth or attitude will write the ticket for you. Oh and IBTL |
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