A question about police asking you to empty your pockets

[BMalion]

@vetbridge

If asked to empty my pockets, I’d ask if that included the little triangular pocket in my jeans. Then I would ask if he knew what that pocket was supposed to be used for. Then I’d suggest we go on over to a favorite bar and see if anyone there knew what the little pocket was for. . .

On second thought, I’d politely keep my mouth shut and try to remember my attorney’s number.

In my world it’s always been for keys and coins, possibly a pocket watch, what is it used for in yours?

[GusNSpot]

Pick your battles…

[diggleblop]

@psychonaut

This depends entirely on the jurisdiction. Where is this hypothetical encounter taking place?

- YouTube

This is the video. Listen to the cop about 1/3 the way in to the vid.

[vetbridge]

@DrDeth

Huh?

@BMalion

In my world it’s always been for keys and coins, possibly a pocket watch, what is it used for in yours?

IRL, the gift of gab has saved me from tickets/etc in a few situations. Baffle 'em with bullshit.

[Mike.V]

The problem with all the “know your rights” cards/videos/articles is that most of them ignore the harsh reality of the balance of power in a “custodial interrogation.” The police have all the power and can be extremely intimidating. This is especially true if you are a member of a disenfranchised class.

So in most cases the cop won’t say “Will you empty your pockets for me?” because this implies that you can refuse. Instead he will, as in the example, say “Do me a favor, sit there and empty your pockets” which makes it seem like you have no choice. And if you try to argue, he will probably come back with “alright, well I already got you boys on not wearing a seatbelt, illegal lane change and now it sounds like you’re asking for disorderly conduct, so we can do it the easy way or I can take you down to the station house and we can do it the hard way.”

Because remember, when you are stopped on the streets it doesn’t matter if the cop violates your rights or trumps up charges or performs illegal searches, because he can still throw you in jail, fingerprint you, make you pay bail and get sent to court. Even if the charges are dismissed in court, you still have a mugshot, your name was in the newspaper, you had to miss work for court date and possibly hire an attorney. These things can often cost someone their reputation/job/scholarship.

[DSYoungEsq]

@Mike.V

The problem with all the “know your rights” cards/videos/articles is that most of them ignore the harsh reality of the balance of power in a “custodial interrogation.” The police have all the power and can be extremely intimidating. This is especially true if you are a member of a disenfranchised class.

So in most cases the cop won’t say “Will you empty your pockets for me?” because this implies that you can refuse. Instead he will, as in the example, say “Do me a favor, sit there and empty your pockets” which makes it seem like you have no choice. And if you try to argue, he will probably come back with “alright, well I already got you boys on not wearing a seatbelt, illegal lane change and now it sounds like you’re asking for disorderly conduct, so we can do it the easy way or I can take you down to the station house and we can do it the hard way.”

Because remember, when you are stopped on the streets it doesn’t matter if the cop violates your rights or trumps up charges or performs illegal searches, because he can still throw you in jail, fingerprint you, make you pay bail and get sent to court. Even if the charges are dismissed in court, you still have a mugshot, your name was in the newspaper, you had to miss work for court date and possibly hire an attorney. These things can often cost someone their reputation/job/scholarship.

All of which ignores the question asked in the OP: “What are the legalities of this?”

The legalities are simple. The officer can ask you to empty your pockets. You do not have to comply.

The OP did not ask what were the practical considerations.