Answering LE's 'questions' at a traffic stop

[artherd]

Answering LE's 'questions' at a stop.
Answering LE's 'questions' at a traffic stop

Generally when I have been stoped, I have been questioned by the LE officer.

"Where are you going?" "What are you doing?" "Do you have any <blah> in the car?"

Sometimes it can get more intense. (and clearly they're trying to catch you in a lie, etc.)

All of this withought charging me with anything, and withought probable cause for any kind of lawful search.




While I will of course cooperate with instructions given by LE, I generally do not wish to answer any of these questions. Frankly, it's none of Joe-officer's damned buisness WHERE I am going, or what's in my car, or weather I like chicken or not. I do not have to account for my actions to any cop.

As far as I am concerned, they can charge me with something, arrest me, and try me in a court, under oath, where THEN they have the privlige of asking me questions.

Unfortunately, this attitude is as likely to land me in jail. (and thus, I usually comply with the simple questions, but do not elaborate and certinly not cop an attitude.)


What would the High Road suggest to do or say that would avoid answering the gestapo questions, but while respecting the officer as a person, and not getting thrown in jail?

 

[Spot77]

Funny you should ask that....I as listening to a radio talk show a few days ago and this very same topic was being discussed. I can't remember the host's or the guest's name (the guest on the show was a Traffic Lawyer, and the radio station was 680 AM here in the Baltimore area.)

The Guest Lawyer was mostly explaining how to not talk yourself into a DWI ticket or something....but his entire show revolved around, "You DO NOT have to tell them anything. You should absolutely refuse to answer any questions. You DO NOT have to do anything until you are placed under arrest." Since the topic was mostly about DWI traffic stops, it was being reinforced that you DO NOT have to take a roadside sobriety test, and you DO NOT have to answer any questions, especially, "Have you been drinking? Where are you coming from? Mind if we look in your car?"......This was followed by of course, an urging to maintain courtesy and respect.

I've often thought about this, and I really resent the fact that anybody would need to know where I'm going and where I've been just because I might be driving too fast or something. I think we've all gotten too complacent about protecting our privacy rights in the interest of trying to be respectful to Law Enforcement Ofiicers. We've all had dealings with the good and the bad, and I will certainly be respectful and say "yes sir", "No M'am", etc. But they really have no right to expect you to answer all of their questions, regardless of their good intentions.

 

[jimpeel]

When an offcer pulls you over, you have completed your entire responsibility during the stop by doing the following: Stopping, handing them your DL, Registration, and proof of insurance and signing the citation -- although even that is not a fast requirement in some states..

This means that if you were to roll down the window 2 inches, hand them your DL, Reg, and Ins and roll the window back up you have completed your duty in full. This will, of course, assure that you WILL be cited; but if you feel that you will be cited anyway what's the difference.

You have no duty to respond to their queries.

You have no duty to speak to them -- even so much as "Hello".

You do not even have to acknowledge their presence other than to sign the citation when they present it.

 

[PATH]

The only problem is the officer may do his dailies whilst you are waiting in your car. Happens form time to time. What a world!

 

[SteelyDan]

Usually I just sit quietly, wait until the officer is finished speaking, then glare at him intensely and scream "Don't you be sassin' me, boy!" I'm not recommending this approach, but is an option.

More realistically, it all depends. No matter what, turn on your dome light, put your hands on the wheel, have your license and registration ready, and be respectful. There's no downside here, and it may help. If you've had a few drinks, it's even more important. You definitely have the right to ask why you were pulled over, but do it in a respectful way. If you feel the questions are too intrusive, tell the officer that you just talked to your attorney about this at a party last month (assuming this is true), and he said you're not required to answer any questions.

What's missing here is why you have been pulled over in the first place. If it's just speeding or something like that, the officer has the right to question you. You have the right to decline to answer. Why you would want to exercise that right, I don't know. If nothing else, you just decided to go out for a drive. Most cops are, in my experience, pretty decent people, and they won't try to bust your balls if you don't try to bust theirs. If you happen to get a new and young cop, you cannot count on the same degree of rationality.

Don't create problems where none exist.

 

[jimpeel]

And don't forget, if you are carrying a firearm, to roll down your window and shout loudly as he approaches "I've got a gun!" so he will be more relaxed during the stop.

 

[PATH]

That is a fine Idea!

 

[tyme]

Jimpeel, you might have better luck if you add, "I'd hate for this gun to jump out and hurt you. The Brady Bunch says they tend to do that, so please don't stop me again." ...right before driving off at high speed, of course.

 

[Matt1911]

Can i get a show of hands as to how many here actually have a hassle during a traffic stop?
Last time i was stopped(speeding,yep,i was quilty)i had 20 long/handguns in the back of my suburban,plus LOTS of ammo..
Cop; where you going in such a hurry
Me; the range,i'm a little late
Cop; (checking out the firearms through the window) WHOA,looks like a fun day,slow it down,and i won't make you any later...
No ticket
But this is Indiana.......

 

[El Tejon]

No hassles here, but I drive like an old woman. The last time I was pulled over the officer recognized me and showed me that I was #1 in his heart.

Welcome to Indiana, drive and shoot safely. Matt, did the officer comment on your selection of firearms? "I read on THR that your lever action .22 is great for bear."

art, I Eddie Haskell up. "Gee, deputy, don't you look nice today and that badge has a fine shine to it today."

You don't have to talk to them. "Am I done? Are you finished?" If he wants to yank you out of the car, O.K. If he wants to call in the dog, O.K. Clear it up in court later (and have someone like me ruin his day).

BTW, completely disregard jim's advice about yelling out the window!

 

[TheeBadOne]

It's never so much about "I got hassled", but more about, "I heard one time"...or "I know someone who knew someone who said"....

As pointed about above, 1st hand experiances are overwhelmingly non-eventful. (unless, like some, you are ruffled just by a Cop speaking to you/checking on you. some have considered that "harassment
".)

JMHO

 

[Steve in PA]

Ditto on the "I've got a friend who"......or "I heard, yadda, yadda"

The questions are usually asked, not to catch you in a lie, or to find out where you are going or coming from. I could care less. Maybe you were swerving a little, or did something else that caught my eye. Perhaps I suspect you of DUI.....the questions asked, hell it could be about the weather, are just used to help detect the possible presence of an "alcoholic beverage", etc.......

You want to say,"I'd rather not answer that"........fine, whatever. You'll either get the, "sign here sir".......or "pay attention to what your doing and see ya."

 

[Wildalaska]

Last time I got stopped it was for driving too slow.

WildlordsaleapinAlaska

 

[redhead]

A friend that my husband and I shoot with often got stopped just a few hundred yards from the entrance to the range shortly after he'd finished for the day. The officer asked him if he had any guns in the car. "Well, of course I do, officer. You just saw me leave the rifle range." The sheriff's deputy asked him if he could inspect his weapons. Our friend refused, saying that the handguns were properly secured in a locked container (the locked case was visible in the bed of pickup through the canopy). Our friend asked him if he had any probable cause and if he was free to go. The officer let him go.

I've never been stopped when leaving the range. In fact, I haven't been in a traffic stop for about 14 years (and I tend to speed a bit). Guess I've been fortunate.

 

[Pilgrim]

Years ago when I was a college student, I was really speeding. The Arizona Highway Patrol officer said, "I had my foot to the floor, passing 85 mph, when I lost sight of you. Just how fast were you going?"

Me: Officer, under the circumstances I don't think it would be wise for me to answer that question.

Officer: No, I suppose not.

I got a ticket for 80mph in a 70mph zone.

Another time, driving not nearly as fast in California.

Officer: Looks like you were driving pretty fast.

Me: Oh?

Officer: Looks like you were doing 70 mph - (55mph zone).

Me. Oh.

Officer: With irritated look on his face, having failed to get me to admit to something, said, "Slow it down."

Me. Ok.

No ticket this time.

Pilgrim

 

[cdbeaver]

I've been stopped a number of times over the years in several states, for differing reasons: speeding, routine traffic checks, etc.

What ever the reason for the stop, I have ALWAYS been treated courteously by LEOs, whether state, county, city or sheriff's department folks.

I have found that respectful treatment on my part begets respectful treatment from those serving in law enforcement. However, I've been very fortunate in that I have never had to deal with the FBI and its incompetent, overbearing "special" agents. (Rant off)

 

[Zundfolge]

When I was 17, had hair to the middle of my back and drove a 1969 Mustang Fastback, I was guaranteed to be "hassled" by cops when I got pulled over (which happened quite often :banghead: ). I would be polite, say "yes sir, no sir" and things went fine. On the few occasions I was asked if they could search the car I would politly say "no" (and just "no" ... no diatribe on our growing police state, no lectures on the constitution, no demands for his "probable cause" just a simple "no") and that usualy ended it right there.

 

[nico]

i've never had any real problems with LEOs. But, the one time I got pulled over, the officer (campus cop) gave me crap for having a radar detector before spending almost half an hour writing the warning that he gave me because he didn't really know how fast I was going.

 

[GigaBuist]

I've been pulled over, oh... 4 times now in 7 years of driving.

First was when I was 16 or so. Out camping with a buddy, it started raining, so we decided we'd just pack it up, head home, and get some work done on my truck the next day. Got pulled over going through a small town around midnight (took us a while to pack up) for: Having a crooked license plate.

Oooooohhkay.

Officer said that's usually an indicator that the vehicle is stolen... and we all know how often rusted out 1977 Blazers were being stolen in the mid 90's. Prime time theiving matirial I tell ya.

I got the usualy, "Where were you, where ya headed" questions. Asked why were leaving so late, said it was raining so we just took off. He looks up, no rain... thinks I'm a liar. Yes, it was raining an hour ago. He sees a section of pipe (plumping variety -- not pot/tobacco) in the ashtray of the truck, threaded and sorta freaks out. Steps back from the vehicle while asking me what it was. The passenger picked up on what he was hinting at better than I did -- he's thinking it's a pipe bomb. No, doof... it's to unroll the back window. Handle's busted.

It's two 16 year old kids coming out of a state park in a rural town, camping gear and fishing poles in the back, and he seriously thinks we've got a pipe bomb in the ash tray.

I wasn't speeding, we had our seatbelts on, we weren't drinking, nothing. No good reason to pull us over. I guess I got a bad taste of traffic cops in my mouth that day.

Another time I was speeding, didn't realize it until I saw a cop though. He pulls me over (there is NOBODY on this road but us)... asks the usual where ya going, where ya headed stuff. Asks if I know why I got pulled over... I say yeah, I was speeding. He asks if I knew how fast I was going so I honestly answer: "Ehh... I was probably bouncing between 75 and 77 when you tagged me." He looks at me funny and says "Well, I clocked you at 72." Me: "Phew! I got lucky!". Writes me up for 65, I sign the ticket, mail the check.

 

[Standing Wolf]

I've never been pulled over except when I was speeding, and there wasn't much point in quibbling over the fine details, because I'd always been speeding.

When the car insurance premiums outweighed the car payments, I started to slow down.

 

[TallPine]

What ever the reason for the stop, I have ALWAYS been treated courteously by LEOs, whether state, county, city or sheriff's department folks.

That has always been my experience also, but then I haven't been stopped for over 20 years so I have to wonder what it is like now considering all the tales that I hear. They can't all be BS.

Even the one time I got into an argument with a local police: we both kept it civil and I ended up not getting a ticket. I was slowing down for a school zone but had not yet gotten below the limit before passing the sign, which was on a curve and mostly hidden by tall bushes. But I was awful careful going through small towns after that.

One time I got stopped after passing a state patrol who was doing 5 mph under the limit. Turns out the back door on my pickup camper was open and he was just stopping me to let me know He didn't check my license or anything.

 

[armoredman]

I have to tell this one - a buddy of mine was stopped drivinng about 100MPH on the west side, and the first thing the officer asked was, "Where's your pilots license?" He pulled out his pilots license, and handed it to him. (Must interject he is a very well dressed older man in a Porsche, not a banger) The officer visibly deflated, and said, "OK." and WALKED AWAY!
Last time I was pulled over for expired tags, the tow deputies were professional and polite, and when informed of my CCW and weapon, only asked what and where, and never even asked me to get out. I called thier supervisor when I got home to compliment them both.

 

[7.62FullMetalJacket]

I have been traveling in PRK lately and I have noticed a few things.

I speed. I speed alot. But I also get lucky.

I have seen numerous cars and pickups pulled over in the middle of nowhere I-15 and bumfu** I-5 with all doors/trunks/gates/cargo areas open with luggage/bags/boxes etc all around with paws in them.

I ask myself "What is that all about?"

Are people giving up their 4A rights?

Or has the CHP embarked on a new policy?

I never see this in populated areas.

Drugs?
Illegals?
Guns?
Terrorists?

Any clues will be helpful.

 

[spartacus2002]

As a former prosecutor and defender, I've had occasions to converse with LEOs about traffic stops and their requests to search. Their attitude usually boiled down to:
1. If a cop asks you to do something, you better damn well do it, because they are the by-God POLICE!
2. Refusal to consent = you must have something to hide.

All those cases in law school dealing with consent to search a car (cases where driver consented and drugs are found) made me think one of three things happened in each case:
1. Driver was EXTREMELY stupid person (knows contraband in car yet lets LEO search? Did he think the cocaine fairy would make the coke invisible).
2. Driver's car was clean, and police planted something.
3. Driver refused consent, police searched anyway then testilied.

 

[jimpeel]

2. Refusal to consent = you must have something to hide.

The courts have ruled that a person may not be held suspect for the mere excercise of their Constitutional rights.