Answered “yes, always” but not because I automatically trust a person with a badge. They have the weapons and upper hand in the situation and I just want to continue on my way as quickly as possible.
I have little trust in nor any great respect for the police but I am polite if they stop me. Other than random breath tests I have always been in the wrong. The last time I was pulled over was for using a phone, something I ordinarily never do, but in front of a cop…
I had a bit of a chat with him while he wrote the ticket about why he asked me to describe my phone. When we finished I wished him, “Have a safe shift,” and off we went.
I voted question everything. As a general rule, I will be as polite and cooperative as possible, but orders should not be followed simply because a police officer issues them. In my experience, most cops are honest and are probably just as eager to get through the situation with minimal friction as I am. That said, I’ve also received plenty of instructions that are either ill-advised for me to follow or even illegal. For example, I’ve had cops instruct, not ask, me to pop my trunk and I had to assert my right not to be searched. Similarly, I will not answer any questions with minimal information, or none. With that all said, I still don’t need to be rude when asserting my rights or refusing to give information. It’s just as easy to say “No sir, I do not consent to a search.” as it is to give him lip.
In all but two cases, politely asserting my rights was enough to end that line and move on with no issue. In the two that weren’t, one pressed on it, even trying to get consent from the owner of the vehicle (I was under 18 at the time), to no avail and let it go. Another insisted on searching even after I made it clear I did not consent, which I did not resist, but after he found nothing and I asked for his badge number, he just bailed. At least I got out of a speeding ticket, I guess.
As others mentioned, if I’m stopped by a cop at a time other than when I’m driving, I’m going to be a lot more assertive, because I have much stronger ground to stand on too. For instance, I’m required to provide my driver’s license when driving, I don’t have to if I’m just walking around. Similarly, a cop can maybe pull me over for something minor–I’ve been stopped for 32 in a 30 late at night when I was young–but a cop needs something more than that to stop me just walking around. For example, when I was young, I got stopped by police asking why I was out at night (it was maybe 10PM in a well-light suburban area, hardly abnormal). I refused to identify myself or answer his questions, and there wasn’t anything he could do about it.
In short, I’d say assert your rights, within reason. If a cop is being rude or abusive, simply make clear your lack of consent, and let him do his thing, then press charges later. Especially with smart phones being so ubiquitous, I’d generally recommend at least audio recording your encounter too. If it escalates in any way, it just hurts your cause, and might end you up further delayed, in jail, or injured.
I’ve been stopped on my motorcycle twice in the past 7 years. Both times I followed the general advice of this guy regarding how to comport oneself during a traffic stop. Both times I managed to avoid receiving a ticket, despite having clearly violated the law. Things that I think helped:
Show a general concern for safety. As soon as the officer was standing next to me, I asked if I could dismount so that we could both move away from traffic lanes. I’ve seen plenty of traffic stop videos in which a passing motorist smashed into the whole scene, so I knew it would be safer for both of us to be 10-15 feet off of the road instead of right there on the shoulder.
Avoid doing anything that could be perceived as threatening. I’ve also seen plenty of traffic stop videos in which the officer was assaulted, so I know cops (the smart ones, at least) are nervous as hell until the understand you’re not any kind of threat. The sooner you can get him to relax, the better he’s going to feel about the whole stop, and the better it’s all likely to go for you. During each stop I stood planted in one spot, with my hands clasped in front of me, no fidgeting. When asked for my license, I replied “my license is in my wallet in my back pocket, do you mind if I reach for it?” When asked for my registration/insurance, I replied “those are in my glovebox, do you mind if I reach for them?” I made it a point to provide him a clear view of the glovebox so that he could see my hand wasn’t coming out of it with a weapon. When he went back to his patrol vehicle, I stayed standing in one spot, watching upstream to make sure no approaching cars were about to crash into us (see above, “showing a general concern for safety”).
Be polite. If you make the stop an unpleasant, awkward pain in the ass for the officer, he’s less likely to be feeling magnanimous toward you. It’s worth your while to indulge him – to a point. Example, during one of those stops I was out of state, traveling cross country. The officer asked where I was headed, what I was up to. I had the right to remain silent, but I politely indulged him. But if he had asked how much cash I was carrying, I would have politely declined to answer (they can’t seize your cash if they don’t know you have it), and if he had asked to search my vehicle, I likewise would have politely declined (they can’t bust you for the dime bag your buddy left under the passenger seat last week if they don’t know it’s there).
I was going to say I follow the instructions, but then I realized I sometimes don’t: specifically, when the instruction received is based on an assumption that’s wrong.
The two cases I can remember were a US Customs Officer who was refusing to stamp my passport because “you’re American, you just go on!” (the passport in question wasn’t even the right color) and a US Marshall whose instructions were “ok, passports… oh you’re Americans gestures to go on”, both on the same day. The friend I was with was American, I’m not. Getting into the country without that stamp was slightly illegal - just slightly.
This is my opinion too.
Cops are not owed cordiality if they themselves are not being cordial, and they are not owed compliance outside the bounds of legal requirements. Saying “no” when it’s within our rights to say no is not necessarily rude, combative, or evidence of criminality, nor is being honest when asked stupid questions about why we’re unhappy about something (as in Bland’s case). This doesn’t mean I advocate yelling and cursing. I simply believe cops shouldn’t be making any request that look suspiciously like an order if they aren’t prepared to handle noncompliance peacefully, without acting in a retaliatory manner. If they can’t handle that, then it’s the cop’s fault and no one else’s. Their job isn’t to maintain their authority over us, it’s to protect and serve us.
It’s very easy for someone to say they’d always act calmly and rationally, even when confronted with a cop whose agenda is to treat them like a criminal. But no one really knows how they’d act unless they are in that situation. Especially if your nerves are already shot due to a bad day and stress.
Sure. It’s the smart thing to do. What advantage do you gain from pissing off a cop?
Was this really necessary? What does this have to do with the thread?
RickJay
Moderator
I think it’s interesting that you questioned the necessity of MY response, instead of the “It’s good to be white!” comment, in the middle of a thread discussing police harassment of a black woman. Because I thought that HIS comment was unnecessarily provocative. Maybe he was trying to be cute. I can’t tell.
FTR, I was pointing out that even though HE sees himself as a model citizen, he is lucky that he hasn’t had the misfortune of encountering someone like Officer Ensinia. Officer Ensinia didn’t care that Ms. Bland was driving perfectly safely, and within the speed limit. He wanted to harass her. So he pulled her over on the most nitpicky charge he could possibly find.
Just like “Grammar Nazis” who, instead of focusing on the big picture, nitpick the most innocuous infractions (“Failure to put a period at the end of a sentence.”) to belittle and harass someone. Not because they care about literacy, but because they are jerks. Officer Encinia didn’t care about making his community safer; he wanted to wield his power.
I hope that helps clarify your question, RickJay, Moderator*.
*Speaking of not being sure, were you trying to be deliberately ironic here?
In the case of a incorrect stop for DUI that includes a request to perform a field sobriety test, you are providing potentially incriminating evidence that can be used against you, even if you have had nothing to drink. If the results of the test can be spun against you, no amount of explaining to the judge will save you.
A field sobriety test is the 2nd of at least 3 tests. The first test is your performance on the road prior to being pulled over and that is on video. If you’re sober and awake then the video is evidence in your favor. The second test if you appear incapacitated is a mechanical test of your motor skills. Fail that and it’s a breathalyzer or blood test.
As to the op, it’s a no-brainer to act in a polite and civil manner. I’ve run into rogue cops before and I wasn’t about to piss them off. They went out of their way to push my buttons and I wasn’t going to give them the satisfaction.
If I’m pulled over I have my license’s out before the car comes to a stop, all the windows are down, the engine is off, my keys are on the dashboard and my hands on the wheel palms open.
If I’m getting a ticket I’m getting a ticket. that’s the worst thing that can happen. The best thing that can happen is a warning.
Unless the cop characterizes your lane change as swerving. In any case, I cannot control the pre-stop video, so it is pointless to debate it.
Which is not required by law. I am free to decline the cop’s offer to incriminate myself.
I grew up in a cop family and I part-timed at it for several years. I will carefully follow the officer’s directions and deal with any irregularities in court. The job does tend to attract a certain unpleasant personality type who enjoy the exercise of power over others and who tend to escalate out of anger rather than due to the real threat level. There is no dealing with such officers at the scene. They aren’t necessarily in the majority, but there are enough of them that it pays to assume that is the kind of officer with whom you are dealing. Trust me, batons, tasers, and pepper spray all hurt quite a lot. Cuffs aren’t all that comfy, either.
Well you sound like you’re driving down Paranoid Parkway. An officer can claim anything he wants but the video doesn’t lie.
The last rogue officer I ran into didn’t bother to show up to court. He wrote a bullshit ticket. It wasn’t his first and the Judge said he was going to have him on the carpet over it. Had I taken the bait with the officer he would have had a reason to lock me up.
But by all means, blow as much smoke up an officer’s ass and see where it gets you.
Where have I advocated blowing smoke up anyone’s ass?
It kinda goes with the paranoia. If you think you’re going to get a ticket for swerving then you’re perception is driving the situation. Yes/no?
Where’s the pun police when you need them.
What does that have to do with blowing smoke? Have you a clever definition of which I am unaware?
If you’re not inclined to argue with a cop that’s fine. The whole “lane change vs swerving” example you gave sounded like you would argue.
I can be polite without complying with requests that are not legally required. I would hardly call that blowing smoke.
Under “implied consent” you are legally obligated to submit to a Breathalyzer or other chemical test. So yes, you can refuse the field sobriety test, but if you do, the cop will simply proceed to the Breathalyzer. Refuse that if you like - in most states it is an automatic suspension of your license whether you have been drinking or not.
Regards,
Shodan