trader_4
Tue, 18
Oct 2016 20:25:01 GMT in alt.home.repair, wrote:
On Monday, October 17, 2016 at 8:57:14 PM UTC-4, Diesel wrote:
trader_4
Mon,
17 Oct 2016 16:01:08 GMT in alt.home.repair, wrote:
I think he finally rolled the window down because he knew the
cops had the right to order him to do so.
That's actually not true. You should consult with an attorney
sometime.
You don't seem to know your own rights.
I just did:
http://www.nolo.com/legal-encycloped...hen-pulled-ove
r-30186.html
Doesn't cover rolling down your car window for the police...I am
specifically writing about rolling it down more than is needed to hand
over your papers; just so we're clear on that.
You won't find an actual law that says you must comply and roll your
window down further; as, no such law exists. It's why you didn't find
one. I checked various pro/anti cop websites, nobody had one I could
lookup. On either side. Didn't find anything search court sites,
either.
I did find a site that discusses the proper way to handle a traffic
stop, and what can happen when you think 'If I just do what he asks,
this will be over quickly and I'll be on my way.'
https://www.riskology.co/traffic-stop/
Here’s the right way to deal with the police during a traffic stop
To have a successful, low-risk interaction with the police when you’re
pulled over, you really only need to remember three rules:
Always be courteous and polite. A bit of class and respect will
take you far in life, and it will make the next steps easier for you.
Resist every request of the police until you’re forced to oblige.
Never, ever resist physically, but do resist verbally and respectfully
until it becomes clear you’ll be arrested if you don’t comply. Don’t
worry. You don’t get in trouble for being arrested. You only get in
trouble for being convicted of the crime you’re arrested for. This is
explained in more detail further on.
Do not answer questions. No matter what an officer tells you, you
are never compelled to speak to the police or answer their questions
without a lawyer present. You may think that being helpful and
answering questions (even friendly ones) can help your cause. You’re
wrong.
Roll your window down 1/4 of the way. Roll it down just far enough to
pass documents and communicate clearly with the officer. Do not roll
your window all the way down. This is very important. A very common way
for the police to escalate a traffic stop is to place their head into
an open window and claim that they smell marijuana or alcohol or
something else illegal even if they didn’t. This gives them the
reasoning they need to invade more of your personal space. If you don’t
roll your window very far down, it will be hard for the officer’s “I
smelled marijuana” argument to hold up in court if it came to that.
Think about the case that could be built against you by making just two
simple mistakes: rolling your window all the way down and answering a
question you shouldn’t have. The police report might read something
like this:
I pulled the suspect over because her driver side tail light was out.
When I approached the car, the window was rolled down and I smelled
alcohol. The suspect admitted she’d been drinking and had “just one
beer about 3 hours ago.
I asked her out of the car and performed a field sobriety test. I also
performed an inspection of the vehicle interior for open containers and
asked if she had anything illegal in the car. The suspect lied when she
said she did not. No alcohol was present, but hidden under the seat was
a bottle of illegal prescription pain killers belonging to an unrelated
person.
All you were ever guilty of was not realizing your tail light was out.
But, since your window was rolled down, the officer had an open
invitation to smell something which allowed him to further his
interrogation. Pretty soon, you’re outside the car, he’s inside, and he
just found the bottle of pills your friend dropped between the seats
while giving her a ride home from the hospital.
Congratulations. You’re now a drug offender. Enjoy your incarceration
and rehabilitation.
All of this could have been avoided by following the three cardinal
rules:
Be polite and respectful.
Resist requests until forced to oblige.
Never answer questions.
At the beginning of the traffic stop, it’s also very common for the
officer to ask you to roll your window down farther. (Respectfully)
don’t do it!
If your officer is in a good mood or recognizes that you know your
rights, this will likely be the end of your interaction. She’ll return
to her cruiser and either write you a ticket for your original
infraction or send you on your way.
Am I being detained, or am I free to go?
This phrase is this most important one that you will need to remember
any time you’re being stopped by the police:
Officer, am I being detained, or am I free to go?
Hopefully, any traffic stop you’re involved in will not require it, but
this simple question can make everything a lot more clear for you, and
will force the officer to get to the point rather than continue to ask
probing and escalating questions.
Why does this work? Because for an officer to legally detain you, he
must have probable cause that you have committed or are about to commit
a crime. Granted, probable cause is a pretty vague requirement and easy
for a determined cop to get around, but asking the question, Am I being
detained? can save you time and trouble.
In any interaction with the police, you are either in one state or the
other: being detained or free to go. There is no in between.
The reason asking this is important is because the officer will avoid
addressing whether you’re detained or free to go until as late as
possible, hoping that he can keep you talking long enough to build
probable cause for detention (knowing that you were free to go all
along and never had to say anything).
Ask this question regularly in a respectful way to prevent unnecessary
questioning. If, at any time, the officer responds no and that you’re
not detained, it means just that: You’re free to go on your way.
Your safest bet, though, is to ask, Am I free to go? You wouldn’t want
to drive off only to find 20 cops chasing you down because you took off
after the officer said you weren’t being detained.
Scared to use these tactics? You’re not alone.
Most people fear authority. They’d prefer to do anything asked of them
to avoid any kind of punishment. But that’s not the way it’s supposed
to be. Instead, authority is supposed to fear you. They should know
that any power they have comes from you agreeing to give it to them.
And, if they want to keep it, they have to follow the rules and treat
you with dignity and respect.
Most of the time, that’s how it goes. But when it doesn’t, don’t be
afraid to assert your rights.
Go ahead, create a toxic situation, turn something that isn't
anything into a major incident. If somewhere in the series of
events that follows, someone makes a mistake and you wind up dead,
you won't get any sympathy from me.
See above. What you think is merely cooperating in order to make the
stop end that much quicker can easily cause you to be in handcuffs on
your way to jail. It doesn't take much.
Like I said, it's okay for you to be a sheeple and prefer a path of
least resistance, the cops prefer it infact. I seek no sympathy from
you and don't have any idea what that has to do with the conversation
we're having.
--
Make yourself sheep and the wolves will eat you.
Benjamin Franklin