10 Ways a Roadside Police Stop Can Go Wrong

[amboy49]

There are plenty of YouTube videos showing law enforcement officers using tactics designed to illicit certain responses. I’m always perplexed that the first statement out of the officer’s mouth as he walks up to a car is “How you do’in tonite ?” Like he just met a long lost friend. Followed by how much have you had to drink, I smell marijuana, or is there anything illegal in the car.

As stated, polite but close mouthed would almost always seem the best route. You may run into the “You have to answer my questions, you have to allow me to search your car because I have probable cause, or you’re not being detained but you’re not free to go.” You’re not being detained but I need to see your ID, etc.

If you refuse to answer it may not go well, but the time to argue or become confrontational is not in the side of the road. You will always be outnumbered and you ain’t gonna win the verbal or physical argument.

 

[Nazgul]

Spent a lot of time talking to our school resource officer, a local detective. Asked him some pointed questions about this topic. Gave me some good insights. He said that after so many years of interviewing people in these situations it was not hard to read their behavior. In some cases he said he knew the person and what they did, it was just a matter of catching them at it and getting them to make a mistake. He was patient.

Like any job you become better at it with time.

Don

 

[paintman]

I see it as a tactic. It’s not meant to invade privacy or take away your rights. It’s meant to give the person playing stupid games their stupid prize. I see no reason to be offended by a person doing their job. If you’ve done nothing wrong then the question shouldn’t bother you unless you just like looking for fights.

I have done several ride alongs and have lots of friends that are cops. Its eye opening when you actually step into their work and see what it’s like and how stupid you may sound to them for not answering a simple question. I’ve been stopped several times. Never for anything that wasn’t my fault. Had I not broke the law I wouldn’t be asked those questions. I always seem to be sent on my way with a warning though. Politeness and honesty goes a long way.

 

[DoggyDaddy]

"Not a problem at all. I'll wait right over there for you and we can meet up again, when you're 'coming from'. That's got better odds and a better payout! See you later!"



Ya really don't have a choice. Ridin' dirty or not, the dog was coming and the search was going to happen.
Hell, I can't really ever recall a case where there wasn't an "alert" providing cause for a search. Even when nothing is found, it's called trace/lingering odor.

This is one of my biggest problems with "open air sniffs". The dogs' behavior is trained. It can have issues both in behavior (mis-)reinforcement, and in "evaluation" by the handler. As the only expert present, who's to argue against the handler's opinion even with video evidence?

The only real difference made is the amount of time sitting in a patrol car waiting.
I'm not going to roll over and give up, but this is a foregone conclusion if the desire to search is there. An "incontrovertible" piece of evidence to provide cause vs. officer suspicion.

Nope, I spent the night where the party was. Safety first!

 

[cobber]

Why is that stupid?

When someone ties in a nexus with a broken headlight, where I've been, and where I am going, then perhaps it is not stupid. Until then, it is stupid.

Not stupid. They're digging for reasonable suspicion of other criminal activity not tied to the traffic violation. If they find some, they can prolong the traffic stop beyond the time reasonably required to carry out the original stop. They know exactly what they're doing and why.

On the other hand, you don't have to answer such questions. Presumably they have enough RAS/PC to cite you for the traffic violation based solely on their observations.

Not sure what the polite way to not comply is though.

There are plenty of YouTube videos showing law enforcement officers using tactics designed to illicit certain responses. I’m always perplexed that the first statement out of the officer’s mouth as he walks up to a car is “How you do’in tonite ?” Like he just met a long lost friend. Followed by how much have you had to drink, I smell marijuana, or is there anything illegal in the car.

As stated, polite but close mouthed would almost always seem the best route. You may run into the “You have to answer my questions, you have to allow me to search your car because I have probable cause, or you’re not being detained but you’re not free to go.” You’re not being detained but I need to see your ID, etc.

If you refuse to answer it may not go well, but the time to argue or become confrontational is not in the side of the road. You will always be outnumbered and you ain’t gonna win the verbal or physical argument.

If you plan on asserting your right not to answer, against search, etc., you'd better do it at the scene. Plenty of case law on motorists consenting to searches, even when detained at the time. Don't make your lawyer do all the heavy work for you...

 

[JettaKnight]

Not sure what the polite way to not comply is though.

That's the hard part...
Officer: "Where you going to?"
Me: "I'm not answering that."
Officer: "Oh, really? Why not?"
Me: "Well, let me explain..."




I'm not really good at say, "no comment."

 

[DRob]

As they used to say "don't start no **** and there won't be none".

 

[cobber]

That's the hard part...
Officer: "Where you going to?"
Me: "I'm not answering that."
Officer: "Oh, really? Why not?"
Me: "Well, let me explain..."




I'm not really good at say, "no comment."

Or 'with all due respect officer I know that question is not intended to elicit evidence relevant to an alleged traffic violation, which is why you have ostensibly pulled me over. I will have to defer to my attorney, who I have on speed dial. By the way, this entire conversation is prolonging the traffic stop unreasonably, but if you were familiar with State v. Gray you would know that.' Something to that effect.

This seems to be a routine question at traffic stops, but serves little purpose unless there are passengers also being questioned and the officer(s) are looking for conflicting stories, which they will then leverage into new reasonable suspicion and a reason to prolong the stop to give the K-9 time to arrive.

If you get pulled over probably ought to run a stopwatch and/or record audio without making a big show of it.