Old Hobo
Member
Scenario: Driving on a highway, you are stopped by police officer ... speeding, tail light out, whatever. The officer issues you a ticket and begins walking away; however, he/she stops walks back to your car window and begins speaking with you. By law in most states (always check your own state laws), you do not have to chat with the officer. You are actually free to go after the legal process has been completed -- in this case, the issuing of a ticket. Be polite, you can let the officer know that your journey must now continue and that you wish not to chat or haven't the time to do so due to your schedule / meeting someone at a prearranged time. This is the utter truth 99% of the time -- sure is with me. Too, we usually don't want to speak with the officer. I'm NOT going to tell a police officer to "get out of my face!" Again, be courteous, be civil. There's zero reason for conflict most times.
Problem is that officers may use the "two-step" technique to get you to say something that will give them an excuse to search your car. Here is what was happening in Kansas:
www.zerohedge.com
"... Among those practices is something cops call the 'Kansas Two-Step.' After pulling you over for a traffic violation and dispensing either a warning or a ticket, a cop starts walking away, but then turns back and asks, 'Hey, can I ask you something?'
What feels like a friendly conversational question is actually intended to trick you. As Reason's Jacob Sullum explains:
reason.com
"Troopers are taught the technique in their training, but US District Judge Kathryn Vratil said, 'the theory that a driver who remains on the scene gives knowing and voluntary consent to further questioning is nothing but a convenient fiction.'
" 'Troopers occupy a position of power and authority during a traffic stop,' wrote Vratil, an appointee of George H.W. Bush, 'and when a trooper quickly re-approaches a driver after a traffic stop and continues to ask questions, the authority that a trooper wields—combined with the fact that most motorists do not know that they are free to leave and KHP troopers deliberately decline to tell them that they are free to leave—communicates a strong message that the driver is not free to leave.'
" The Kansas Two-Step is just one piece of a policing regime that Vratil rightly found objectionable. In her decision, Vratil also criticized pretextual traffic stops, in which police contrive some reason to pull people over merely on the hope that they'll discover something they can arrest them for.
" 'As wars go, this one is relatively easy; it’s simple and cheap, and for motorists, it’s not a fair fight,' wrote Vratil. 'The war is basically a question of numbers: stop enough cars and you’re bound to discover drugs. And what’s the harm if a few constitutional rights are trampled along the way?'
"The thicket of traffic and vehicle equipment regulations, including the ability for cops to pull drivers over for actions subjectively deemed 'imprudent,' means anyone can be pulled over on a whim.
" 'Even the most cautious driver would find it virtually impossible to drive for even a short distance without violating some traffic law,' writes University of Pittsburgh law professor David Harris, whom Vratil cited in her ruling. 'A police officer willing to follow any driver for a few blocks would therefore always have probable cause to make a stop.'
"Kansas state troopers disproportionately preyed on those with out-of-state license plates. 'KHP troopers stopped 70 per cent more out-of-state drivers than would be expected if KHP troopers stopped in-state and out-of state drivers at the same rate...represent[ing] roughly 50,000 traffic stops,' wrote Vratil.
"found the KHP has been violating tenets set down by the 2016 case of Vasquez v Lewis, which rejected searches based on flimsy pretexts such as 'status as a resident of Colorado.' Vratil said troopers applied 'an absurd and tenuous combination of factors' to conclude that individuals were suspicious, such as:
Given the above and if you are unsure of your rights under your state and federal law, check with your attorney. State laws vary. Actually, some states will have VERY different statutes, even with adjacent states . If you have a carry permit, it would be very wise of you to have an attorney and to have spoken with this attorney about your situation. Know your rights so that if you are stopped by a police officer, you will know how to conduct yourself.
Passing observation: It is never a good personal policy to be chatty around those you personally do not know. Many people are nice, however ...
.
Problem is that officers may use the "two-step" technique to get you to say something that will give them an excuse to search your car. Here is what was happening in Kansas:
Kansas Troopers 'Waged War On Motorists' With Bogus Stops, Interrogations: Judge | ZeroHedge
ZeroHedge - On a long enough timeline, the survival rate for everyone drops to zero
www.zerohedge.com
"... Among those practices is something cops call the 'Kansas Two-Step.' After pulling you over for a traffic violation and dispensing either a warning or a ticket, a cop starts walking away, but then turns back and asks, 'Hey, can I ask you something?'
What feels like a friendly conversational question is actually intended to trick you. As Reason's Jacob Sullum explains:
Kansas cops have 'waged war on motorists' by subjecting them to pretextual traffic stops, a federal judge says
The ruling draws back the veil on routine police practices that victimize innocent drivers.
reason.com
"Troopers are taught the technique in their training, but US District Judge Kathryn Vratil said, 'the theory that a driver who remains on the scene gives knowing and voluntary consent to further questioning is nothing but a convenient fiction.'
" 'Troopers occupy a position of power and authority during a traffic stop,' wrote Vratil, an appointee of George H.W. Bush, 'and when a trooper quickly re-approaches a driver after a traffic stop and continues to ask questions, the authority that a trooper wields—combined with the fact that most motorists do not know that they are free to leave and KHP troopers deliberately decline to tell them that they are free to leave—communicates a strong message that the driver is not free to leave.'
" The Kansas Two-Step is just one piece of a policing regime that Vratil rightly found objectionable. In her decision, Vratil also criticized pretextual traffic stops, in which police contrive some reason to pull people over merely on the hope that they'll discover something they can arrest them for.
" 'As wars go, this one is relatively easy; it’s simple and cheap, and for motorists, it’s not a fair fight,' wrote Vratil. 'The war is basically a question of numbers: stop enough cars and you’re bound to discover drugs. And what’s the harm if a few constitutional rights are trampled along the way?'
"The thicket of traffic and vehicle equipment regulations, including the ability for cops to pull drivers over for actions subjectively deemed 'imprudent,' means anyone can be pulled over on a whim.
" 'Even the most cautious driver would find it virtually impossible to drive for even a short distance without violating some traffic law,' writes University of Pittsburgh law professor David Harris, whom Vratil cited in her ruling. 'A police officer willing to follow any driver for a few blocks would therefore always have probable cause to make a stop.'
"Kansas state troopers disproportionately preyed on those with out-of-state license plates. 'KHP troopers stopped 70 per cent more out-of-state drivers than would be expected if KHP troopers stopped in-state and out-of state drivers at the same rate...represent[ing] roughly 50,000 traffic stops,' wrote Vratil.
"found the KHP has been violating tenets set down by the 2016 case of Vasquez v Lewis, which rejected searches based on flimsy pretexts such as 'status as a resident of Colorado.' Vratil said troopers applied 'an absurd and tenuous combination of factors' to conclude that individuals were suspicious, such as:
- Having a car with out-of-state plates
- "Seeming nervous while interacting with law enforcement"
- "Having fingerprints on the trunk lid"
- "Going on a trip with one's nephew"
- "Having a bag in the passenger seat"
Given the above and if you are unsure of your rights under your state and federal law, check with your attorney. State laws vary. Actually, some states will have VERY different statutes, even with adjacent states . If you have a carry permit, it would be very wise of you to have an attorney and to have spoken with this attorney about your situation. Know your rights so that if you are stopped by a police officer, you will know how to conduct yourself.
Passing observation: It is never a good personal policy to be chatty around those you personally do not know. Many people are nice, however ...
.
