The RIGHT Way How To Handle A Traffic Stop

WileyCoyote

Active Member
This is the right way to handle a traffic stop. Especially important for young people to watch this to avoid being intimidated by police.

http://www.youtube.com/watch?v=eDJrQBwJpqk

Here’s a summary of the video in case you don’t have time to watch. This story is the SAME whether or not there is anything incriminating in your car:

You’re driving along, and notice a police cruiser behind you with lights flashing. As you’re pulling over to the side of the road, tell all passengers in your car to keep their mouths shut and let you do all the talking. Make sure they understand this.

Then roll up all windows in the car, and slightly open your window about 3 inches. This gives the officer limited access to your car, reducing the chance he will falsely (or correctly) claim he smells marijuana. Then you and all passengers put your hands in plain sight. In your case, put both hands on the wheel. Don’t get your license and registration out until the officer asks for them. You do NOT want to be reaching into the glove compartment as the officer reaches your window. This would naturally scare him, and he might pull his gun. I would if I was him.

Next, remember and follow the first rule of handling a traffic stop: Be completely polite and respectful, and make no sudden moves.

You (very politely): “Hello officer, why did you pull me over?” (this asserts your innocence)

Officer: “Do you know why I pulled you over?” (he’s trying to get you to incriminate yourself; don’t do it; don't admit to speeding or anything)

You: “No officer, that’s why I asked”.

Officer: “You were speeding. Do you know what the speed limit is on this road?” (again, he’s trying to get you to incriminate yourself; assert your 5[SUP]th[/SUP] Amendment rights and keep your mouth shut; don’t say anything in response to this question)

Officer: “The speed limit is 35 and I clocked you at 45”.

You: “Officer, how can I help?”

Officer: “Everyone step out of the car”.

This next step is very important. As you and all passengers open your doors to get out, use the electronic controls to lock all doors and close all windows. Then take the keys from the ignition and put them in your pocket, and shut your door. Now, the officer has no access to your car.

Officer: “Why did you lock your car?”

You: “Habit. I always lock my car whenever I get out. Officer are we being detained, or are we free to go now?” (this establishes that the encounter is not voluntary)

Officer: “May I have your keys please?”

You: “Why?”

Officer: “I need to give your car a look to make sure you don’t have anything you’re not supposed to have. You don’t have anything to hide, do you?” (this is a very common tactic, and many people who have incriminating evidence will then agree to the search even though they know they will get busted as a result)

You: “No sir, but I don’t consent to any searches sir”.

Officer (angrily): “Look, you have 2 choices. You can either make things better for yourself, or you can make things worse. If you cooperate with me, I’ll help you. But if you don’t cooperate with me, I’m gonna have to call the police dogs down here to tear your car apart. And if they find anything you’re not supposed to have, I’m gonna throw your ass in jail with some very bad men who would love to do some very bad things to a punk like you! Do you understand your choices?!!!” (this is just a scare tactic)

You (politely and calmly): “Officer, are we free to go now?” (this reaffirms two things: that the encounter is not voluntary, and that you know your rights and are not intimidated)

Officer (angrily): “OK lawyer boy, you’ve made your choice. I’m gonna have to take this thing to the next level. You wait right here!!!”

The officer storms back toward his vehicle, hoping you’ll say “OK officer, please don’t call the police dogs. I’ll cooperate with you”. Don’t do it. Remember, if the officer had cause to search your vehicle, he wouldn’t be asking. He would just do it.

About 5 minutes later the officer will come back with a speeding ticket for you to sign. Politely sign it, get back in your car, and leave. Don’t start laughing or give your passengers high-fives.
 

theexpress

Well-Known Member
or they bring the k9's and tear ur shit up..... some states have laws that state the k9 officer has to respond within x amount of time or it would be considerd ileagle search
 

WileyCoyote

Active Member
or they bring the k9's and tear ur shit up..... some states have laws that state the k9 officer has to respond within x amount of time or it would be considerd ileagle search
I've heard about a lot of people who consented to searches and were busted. Personally, I've never heard of police calling K9s out. But even if they do and you get busted as a result, your lawyer can later argue in court that the search was illegal. But if you agree to the search, he (or she) can't.
 

bart40330

Member
This is the right way to handle a traffic stop. Especially important for young people to watch this to avoid being intimidated by police.

http://www.youtube.com/watch?v=eDJrQBwJpqk

Here’s a summary of the video in case you don’t have time to watch. This story is the SAME whether or not there is anything incriminating in your car:

You’re driving along, and notice a police cruiser behind you with lights flashing. As you’re pulling over to the side of the road, tell all passengers in your car to keep their mouths shut and let you do all the talking. Make sure they understand this.

Then roll up all windows in the car, and slightly open your window about 3 inches. This gives the officer limited access to your car, reducing the chance he will falsely (or correctly) claim he smells marijuana. Then you and all passengers put your hands in plain sight. In your case, put both hands on the wheel. Don’t get your license and registration out until the officer asks for them. You do NOT want to be reaching into the glove compartment as the officer reaches your window. This would naturally scare him, and he might pull his gun. I would if I was him.

Next, remember and follow the first rule of handling a traffic stop: Be completely polite and respectful, and make no sudden moves.

You (very politely): “Hello officer, why did you pull me over?” (this asserts your innocence)

Officer: “Do you know why I pulled you over?” (he’s trying to get you to incriminate yourself; don’t do it; don't admit to speeding or anything)

You: “No officer, that’s why I asked”.

Officer: “You were speeding. Do you know what the speed limit is on this road?” (again, he’s trying to get you to incriminate yourself; assert your 5[SUP]th[/SUP] Amendment rights and keep your mouth shut; don’t say anything in response to this question)

Officer: “The speed limit is 35 and I clocked you at 45”.

You: “Officer, how can I help?”

Officer: “Everyone step out of the car”.

This next step is very important. As you and all passengers open your doors to get out, use the electronic controls to lock all doors and close all windows. Then take the keys from the ignition and put them in your pocket, and shut your door. Now, the officer has no access to your car.

Officer: “Why did you lock your car?”

You: “Habit. I always lock my car whenever I get out. Officer are we being detained, or are we free to go now?” (this establishes that the encounter is not voluntary)

Officer: “May I have your keys please?”

You: “Why?”

Officer: “I need to give your car a look to make sure you don’t have anything you’re not supposed to have. You don’t have anything to hide, do you?” (this is a very common tactic, and many people who have incriminating evidence will then agree to the search even though they know they will get busted as a result)

You: “No sir, but I don’t consent to any searches sir”.

Officer (angrily): “Look, you have 2 choices. You can either make things better for yourself, or you can make things worse. If you cooperate with me, I’ll help you. But if you don’t cooperate with me, I’m gonna have to call the police dogs down here to tear your car apart. And if they find anything you’re not supposed to have, I’m gonna throw your ass in jail with some very bad men who would love to do some very bad things to a punk like you! Do you understand your choices?!!!” (this is just a scare tactic)

You (politely and calmly): “Officer, are we free to go now?” (this reaffirms two things: that the encounter is not voluntary, and that you know your rights and are not intimidated)

Officer (angrily): “OK lawyer boy, you’ve made your choice. I’m gonna have to take this thing to the next level. You wait right here!!!”

The officer storms back toward his vehicle, hoping you’ll say “OK officer, please don’t call the police dogs. I’ll cooperate with you”. Don’t do it. Remember, if the officer had cause to search your vehicle, he wouldn’t be asking. He would just do it.

About 5 minutes later the officer will come back with a speeding ticket for you to sign. Politely sign it, get back in your car, and leave. Don’t start laughing or give your passengers high-fives.

I posted this video on YouTube after editing from a longer video by Flex Your Rights. I appreciate that someone seems to understand it. For the majority, sadly, it seems to be a puzzle box to figure out how the trooper could search the car. Everything from "refusal is probable cause" to the most recent one of "the car isn't registered to him so that's probable cause."

One thing I would ask you and your readers (and there is a right answer), how would you handle this exchange:

You: Are you detaining us officer, or are we free to go now?

Officer: I want you and your friends to wait over there (points to the curb). Have a seat. I'm calling a K-9 unit to sniff your car and we'll see if you have anything you aren't supposed to. Have a seat please.

I'm curious what you all would do or say then.
 

WileyCoyote

Active Member
I posted this video on YouTube after editing from a longer video by Flex Your Rights. I appreciate that someone seems to understand it. For the majority, sadly, it seems to be a puzzle box to figure out how the trooper could search the car. Everything from "refusal is probable cause" to the most recent one of "the car isn't registered to him so that's probable cause."

One thing I would ask you and your readers (and there is a right answer), how would you handle this exchange:

You: Are you detaining us officer, or are we free to go now?

Officer: I want you and your friends to wait over there (points to the curb). Have a seat. I'm calling a K-9 unit to sniff your car and we'll see if you have anything you aren't supposed to. Have a seat please.

I'm curious what you all would do or say then.
Well, I'm not sure what would be the best thing to say. I guess I would say "OK officer" and go sit down. But I still wouldn't consent to the search.

I guess I'm kind of surprised that he could call the dogs in without some sort of probable cause. Why can the dogs be called in if the cop can't search the car? Why doesn't the driver have to consent to the dog sniffing the same as a search by the officer?

What is the right answer here?

Thanks
 

budlover13

King Tut
Well, I'm not sure what would be the best thing to say. I guess I would say "OK officer" and go sit down. But I still wouldn't consent to the search.

I guess I'm kind of surprised that he could call the dogs in without some sort of probable cause. Why can the dogs be called in if the cop can't search the car? Why doesn't the driver have to consent to the dog sniffing the same as a search by the officer?

What is the right answer here?

Thanks
The right answer would be to reply "So we ARE being detained right?" and "I still don't consent to a search." IMO.
 

bart40330

Member
Well, I'm not sure what would be the best thing to say. I guess I would say "OK officer" and go sit down. But I still wouldn't consent to the search.

I guess I'm kind of surprised that he could call the dogs in without some sort of probable cause. Why can the dogs be called in if the cop can't search the car? Why doesn't the driver have to consent to the dog sniffing the same as a search by the officer?

What is the right answer here?

Thanks
"Why can the dogs be called in if the cop can't search the car?" Because you are agreeing to sit around and wait for them to get there. How very nice of you. "I WANT you and your friends to wait over there." How very helpful that you and your friends do what he WANTS you to do.

Here is how it would play out in court.

Officer: "I asked him to wait till the dog got there and he agreed. I asked him and his passengers to have a seat on the curb and wait and they did. The dog hit and that gave me probable cause to search."

Prosecutor: "Were they free to leave prior to the dog hitting on the car?"

Officer: "Yes. I told them that I wanted them to wait for the dog and they agreed. They all went over and sit down till the K9 unit arrived 35 minutes later."

So many times I hear people say "That cop told me that I had to wait for the dog and told me to go sit down" when in reality he is asking you to. When it gets the court the cop says that all you had to do was leave.

The correct answer is: "Sorry Officer, but we don't have time to sit and wait for a dog to come. We're going to leave now unless you are detaining us. You have a great day and be safe out here! "

I would recommend that any of your readers that are interested in the law and the tactics that police use to obtain entry into vehicles and homes, spend as much time in court as they can. Most court systems hold suppression hearings and bench trials on a certain day of the week (locally it's Tuesdays at 1pm). You would be amazed how many people think that an officer "asking" you to do something is the same as him "making" you do something.
 

bart40330

Member
Here's more food for thought as to why you might refuse a search. These are just points and some or none of them may or may not apply to you.

#1 If you say "I don't care if they search my car. I'm not doing anything wrong." then you must be an attorney of incredible renown! At any given time, you are under federal, state, and local laws. Some attorney's estimate that at any given time over 3000 laws apply to you. Did you know that in the state of Kentucky it is illegal to have a turtle in Sunday school class? http://www.lrc.ky.gov/krs/437-00/060.pdf Or that it is illegal to give someone 5 baby ducks? http://www.lrc.ky.gov/krs/436-00/600.pdf Not to mention all the oddball laws that counties and cities pass. One city recently passed a law against texting while walking. Don't ever think that there's not something that cop kind find to cite you on.

#2 Do you know that cop? You think just because some city hired him that he is 100% trustworthy? While you are sitting in the back of the police car (for your own safety of course) money, your iPod, jewelry, that flash drive with the nude pics of your girlfriend you all took, can all end up in the officer's pocket. When you notice it gone hours or days later, you think anyone is going to believe you?

#3 "Why would an cop want to search for speeding?" I sit in court on many occasion and listened to our DARE officer testify that he ALWAYS asks permission to search during every stop he makes. That cop was Jason Elder. Watch this video and then re-read #2 above. http://www.youtube.com/watch?v=foJEEaG1z3E
 

RyanTheRhino

Well-Known Member
or they bring the k9's and tear ur shit up..... some states have laws that state the k9 officer has to respond within x amount of time or it would be considerd ileagle search


true in my state they can call the dogs and if they sniff something and give the alarm then they can search your car.

The best thing to do is never talk. When the cop gets mad and claims you will go to jail simply ask "on what charges". He must tell you, but most likey he will shut up because there would be no charge for remaining silent.

The only thing you need to tell an officer is your identity.
 

mindphuk

Well-Known Member
You: Are you detaining us officer, or are we free to go now?

Officer: I want you and your friends to wait over there (points to the curb). Have a seat. I'm calling a K-9 unit to sniff your car and we'll see if you have anything you aren't supposed to. Have a seat please.

I'm curious what you all would do or say then.
If that exchange was taped by the police car video, I bet most judges would regard the police as giving an order. "Have a seat" especially after you just asked if you were free to go, could not be interpreted as a request IMO. However, you are correct, since some encounters are not recorded, you should always be asserting your rights. The most important sentence everyone needs to know and can be repeated to almost every question...."Am I being detained or am I free to go?"
If you do not receive an appropriate response to this question, then rinse and repeat.
 
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