But this is a separate argument than this is for *their[/] safety, which is what you stated.
It involves everyones safety. Mine and theirs. If the vehicle gets struck during the stop it’s kind of nice to know how many people may be trapped inside.
Plus I can legally check to see that everyone is wearing a safety belt during a stop. How do I do that if I don’t know how many people I’m dealing with?
Since we’re deeply into the land of ‘what ifs’… what if the officer needs to arrest the driver of the car on an outstanding warrant? I’d say that knowing there’s a sleeping infant in the back seat would be pretty useful information before initiating the arrest. I’d also prefer, for everyone’s safety, that the arresting officer not be surprised by the appearance of another, unknown, adult person partway through the arrest.
Frankly, the whole idea that the officer doesn’t need to know how many people are in the car he just stopped, that idea is just silly.
I should have elaborated. Here, it is only trespassing if the owner/manager asks you to leave and you refuse.
The signs have no power of law, and ignoring or not seeing the sign is not trespassing. It is trespassing only if you refuse to leave when directly requested.
As with nearly everything involving gun laws, the exact laws and rules vary tremendously from state to state. In some states, the “no guns” signs have power, in others (like mine) they don’t.
And the question on the table is: can you do that without opening the back door and searching the back seat? And if so, can you order a person to roll down a window or open the door on the pretense of ascertaining if someone is there. For example, if you could see through my tinted window enough to see if there is someone there, can you make me roll down the window to make sure or “Maybe he has a gun. I should check because officer safety.”
check with an attorney and now would be a good time to do it, since it hasn’t happened to you–yet; but it might in the future.
But British people don’t have a hundred million guns. And I think being a cop in the U.S. would be higher on that dangerous jobs list if they were not allowed to constantly pull all these moves (like the one that got me busted for weed: “I need to search your bag for my own protection”). But my attitude is “tough shit, find a different job if your own personal safety is paramount”.
Can anybody answer this? I know it might depend upon state law but surely there’s a GQ answer for this.
Spidey, the media is not permitted to accompany police into the home during execution of a Warrant, see:
https://www.law.cornell.edu/supct/html/98-83.ZO.html
It discusses police dash cam videos also. Although a general waiver may be at times asked for and signed, (media discretion), they can news broadcast any footage they take, First Amendment.
Out of home video, audio, is not restricted by Layne.
Spidey, to be more clear, the COPS show generally needs a signed waiver to air it!
The media outlet does not need permission to air it any more than a bystander streaming it live on youtube or posting it later, or selling it to a news outlet.
Neither do Americans; the number is closer to 400 million.