An officer begins with, “Mr. Procter… if that is your real name,” while reading the driver’s ID. Can we just stop there for a second to let that sink in... It’s perhaps one of the rudest ways to start the conversation.
Mr. Proctor inquires whether he is required to answer any queries, to which the officer responds that he is not. Confusing the driver’s unwillingness to answer questions as anger.
The officer tries to extend the stop by attempting to waste the driver’s time. The duration of a traffic halt cannot be lawfully extended merely because a person declines to answer questions as decided in the 1983 case of Florida v. Royer.
Take a look at this encounter:
This article is intended for instructional purposes only and is not designed to provoke, incite, or shock the audience in any way. This video was produced to increase general consciousness of legally protected practices and to highlight the value of judicial intervention in constitutional activism.
Let’s take a look at some best practices.
When you see a police car, think of what you’re going to do.
If a police vehicle with its siren blaring or red lights blinking is chasing you, immediately pull off to the right (but safely) and come to a full stop in a secure spot.
It’s not an admission of guilt to pull over right away. It basically implies that you were conscious of something going on around you. You’ll probably stand a great shot of finding out precisely when and how the cop claims you broke the traffic rules if you stop as quickly as possible. This detail can come in handy if you and your counsel need to formulate a defense later.
Pullover in a manner that would most definitely cool down an enraged or irritated police cop. Slow down slowly enough so the officer does not have to stop to avoid hitting you. Use the turn signal to signify any lane adjustments from left to right, then slow down fast enough so the officer does not have to brake to avoid hitting you. Pull off as far to the right as possible so the cop doesn’t have to think about getting hit by cars in the right lane as he approaches the window.
What to Do When You’ve Stopped
Normally, after you’ve pulled over to a safe place, you can switch off the engine. You may want to show the officer a couple more token courtesies at this stage. You have much to risk but everything to benefit from.
Your window should be turned all the way back. If you have a smoke, put it out and throw out some chewing gum (within the car). You would even want to put your hands on the steering wheel and switch on the interior light if it’s quiet. Any concerns the officer may have would be alleviated by these acts. Above all, police officers have been injured in traffic stops, and the officer’s reaction to the car is the riskiest aspect of the episode.
Your pride can be a little insulted at this moment, but keep in mind that you’re only doing a few easy things to get the officer in the best possible mood.
Often, remain in the vehicle until the officer tells you to exit. Finally, don’t start looking for your wallet and passport in your back pocket, or your registration in your glove box, before the cop asks for them. You might be looking for a knife, for all the officer knows.
Is it possible for the officer to make up reasons to search?
A police officer who arrests you for a traffic offense is not permitted to check your car in certain cases. This general law, though, has a few variations.
A cop can look at some “furtive movements” after pulling you over. A rapid lowering of one or both shoulders, for instance, could warn the officer that you’re trying to conceal something under the bench.
An officer conducting a traffic arrest isn’t only watching for erratic behavior. Officers can check “plain view” for something incriminating (like open beer or wine bottles, joints, or roach clips). When one thing is discovered in plain sight, it often contributes to a systematic investigation that discovers further incriminating or illicit items.
Even if there’s no cause to think there’s something illicit inside your car after you’ve been detained and it’s been towed, the police might perform an “inventory search” afterward.
Please keep in mind that the facts discussed in my article do not always reflect my own view, and I do not always agree with the result, individuals, or conclusions reached during any conversation. My articles are not intended to be legal advice; rather, they are a summary of facts as I see them.
Since it has been manipulated for instructional purposes with the inclusion of analysis, this content qualifies for fair usage security. This clip has inherently modified the value, viewer, and purpose of the initial video by illustrating the informative value of the content being conveyed by the commentary.
Interacting with an Officer
Being disrespectful to police officers has culminated in a slew of concerns. Saying more than is required has also often become a dilemma.
In general, you can let the officer do the talking and just react when necessary. When prompted to give over the driver’s license, registration, and evidence of insurance, for instance, say “Okay” or “Sure” and turn over the papers.
Many attorneys advise that when a cop pulls you over for a traffic violation, he or she has already determined whether or not to grant you a citation before entering your vehicle. They also agree that by behaving rudely, you might force an officer who was about to offer you a notice to give you a ticket. Officers may often behave as though they could change their minds if you comply so that they can get facts or admission of guilt from you, according to these attorneys.
It may be difficult to decide what to answer in response to an officer’s questions, so whatever you do, don’t complain. You should still be mindful that you have the right to stay quiet, but in some cases, you may have to tell any officer to practice that right.