Go Back   Honda Civic Forum > OFF TOPIC > Legal Questions and the Law
Reload this Page

Traffic Stops: The Basics 101

Legal Questions and the Law Post your questions about the law, or speeding tickets or anything legal.
Disclaimer: 7thGenCivic.com and it's moderators are not lawyers or police officers (unless otherwise noted) and can in no way be held responsible for any advice or action


Reply
 
LinkBack Thread Tools
Old 06-07-2005   #1 (permalink)
NeonImpact
7thGen Junkie
 
NeonImpact's Avatar
 
Join Date: Dec 2002
Location: Maryland
Posts: 10,250
NeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questioned
iTrader: (37)
Traffic Stops: The Basics 101

What to Do When You Are Pulled Over by the Police


Learn what to say and what not to say and when vehicle searches are legal.

Your battle to beat a ticket begins the instant you realize you're being stopped by a police officer. You will be in a much better position to challenge your ticket in court if you take a few simple steps when you are pulled over. Here are some suggestions.

1. When You See the Police Car

If a police car is following you with its siren blaring or emergency lights flashing, pull over to the right safely and quickly. Pull over in a way that will be most likely to calm down an angry or annoyed traffic officer. Use your turn signal to indicate any lane changes from left to right, and slow down fairly quickly, but not so quickly that the officer will have to brake to avoid hitting you. Pull over as far to the right as possible so that, when the officer comes up to your widow, he won't have to worry about being clipped by vehicles in the right lane.

By stopping as soon as you can, you'll have a better chance of figuring out exactly where the officer says you committed a violation. You may want to return to that area later to make sure the officer was telling the truth about how he judged your speed, saw your turn, or witnessed any other violation.

2. Right After You Stop

After you've pulled over to a safe spot, you might want to show the officer a few other token courtesies. At this point, you have little to lose and perhaps something to gain.

First off, roll down your window all the way. You may also want to turn off the engine, place your hands on the steering wheel, and, if it's dark, turn on your interior light. This will tend to allay any fears the officer may have. (After all, police officers are killed every day in such "ordinary" traffic-stop situations, and the officer's approach to the vehicle is the potentially most dangerous.)

Don't start rummaging through your back pocket for your wallet and license, or in your glove compartment for your registration, until the officer asks you for them. For all he knows, you could be reaching for a gun.

warning If you are at all concerned that the person who stopped you is not actually a police officer (for example, if the car that pulled you over is unmarked), you should ask to see the officer's photo identification along with his badge. If you still have doubts, you can ask that the officer to call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.

3. Avoid Giving the Officer an Excuse to Search

A police officer is normally not allowed to search your vehicle. However, there are several exceptions to this. An officer who observes you trying to either hide something under the seat or throw something out the window may legally search your car. Once the cop is on your rear bumper with his spotlight silhouetting your every move, he's watching for any sort of furtive movement. A sudden lowering of one or both shoulders will tip him off that you're attempting to hide something under the seat.

If the officer has a reasonable suspicion you are armed and dangerous, she can frisk (pat down) you. Similarly, if the officer reasonably suspects that you are involved in criminal activity she can also perform a pat down. And if the police officer has probable cause -- a reasonable basis or justification to believe that you or your passengers are involved in criminal activity -- they can search your car and objects belonging to passengers.

Can I refuse to let a police officer search my car during a traffic stop?
Even if the officer doesn't have reasonable suspicion or probable cause, once you are stopped, a police officer may seize any illegal objects in your car that are in "plain view." Once they see the object, such as open beer or wine bottles or drug paraphernalia, they can open the car door to reach in and get it. After that, they may come across other objects that are in plain view and shouldn't be in your car, and they can seize these, too.

Lastly, your car may also be searched if you or any occupant is arrested. Also, if you're arrested and your car is towed, the police may make an "inventory search" afterward, even if they have no reason to suspect there is anything illegal inside.

4. Should You Get Out of Your Car?

An officer who stops you for an alleged traffic violation has the right to insist that you and your passengers get out of your car. You should do so if asked. Also, getting out of your car may make it easier for you to check road conditions, the weather, and the place the violation supposedly occurred.

However, many police officers prefer that you stay in your car and will tell you to stay there if you start to get out. If this happens, obviously you should cooperate. If you get out of the car against the officer's orders, don't be surprised to see a gun pointing at you. Cops are trained to expect the worst. When you get out of your car, they may assume you're about to pull a weapon or attempt to flee.

If an officer has any reason to believe that you might be dangerous, he has a right to conduct a quick "pat-down" search of your outer clothing while he is standing next to you, to make sure you don't have a concealed knife or gun. If the officer feels any weapon-sized object during the pat-down search, he can reach in and get it. Also, the officer's good faith belief that you may be dangerous justifies a search of the passenger compartment of your car for weapons.

5. Talking to the Officer

Many people stopped by an officer make the mistake of saying the wrong thing to him and failing to say the right things. And a case can be won or lost depending on what you say -- or don't say -- to the officer.

Don't speak first. Especially don't start off with a defensive or hostile "What's the problem?" or similar words. Let the officer start talking. He will probably ask to see your license and vehicle registration. Many people make the mistake of insisting the officer tell them why he stopped them before they'll comply. Don't make that mistake. Reply "okay" or "sure," then hand over the documents.

One of the first things traffic cops learn in the police academy is to decide, before leaving their vehicle, whether they're going to give a ticket or just a warning. They may act as though they still haven't made up their minds and are going to let you off only if you'll cooperate. Don't fall for this. The hesitating officer may be trying to appear open-minded in order to extract admissions out of you, to use them against you in court if necessary. The strategy is to try to get you to admit either that you committed a violation or that you were so careless, inattentive, or negligent that you don't know whether you did or not.

The officer might start by asking you the sort of question whose lack of a definite answer would imply guilt, like, "Do you know why I stopped you?" Or, he might ask, "Do you know how fast you were going?" Your answers, if any, should be non-committal and brief, like a simple "No" to the first question or a very confident, "Yes, I do," to the second. If he then tells you how fast he thinks you were going or what he thinks you did, don't argue. Give a noncommittal answer, like, "I see," or no answer at all. Silence is not an admission of guilt and cannot be used against you in court.

-----

Hope this helps out in the long run for all the new drivers and people that need to know.
NeonImpact is offline   Reply With Quote
Sponsored Links
Old 06-07-2005   #2 (permalink)
Echelon04
The one and only....
 
Echelon04's Avatar
 
Join Date: May 2004
Posts: 620
Echelon04 is an unknown quantity at this point
iTrader: (0)
Good write up! Yeah I talk as little as possible. Been pulled over 5 times only 1 ticket!
Echelon04 is offline   Reply With Quote
Old 06-08-2005   #3 (permalink)
jttegx
OMNES AD UNUM
 
jttegx's Avatar
 
Join Date: Sep 2003
Location: NOR-CAL
Posts: 5,885
jttegx has a spectacular aura aboutjttegx has a spectacular aura about
iTrader: (3)
http://ehowa.com/mythoughts/nospeeding.shtml
heres another helpful link that ive discovered from another member here.

"(d) Cops Safety. This is the SINGLE MOST IMPORTANT FACTOR. I can NOT stress this enough. How many times have we seen those police video clips where a cop pulls over a car for a burned out taillight, goes up to the driver's side window and gets shot 4,295 times by the wacked out drug delirious **** wad behind the wheel? Lots of times? Well guess what... so have the cops. If you are unlucky enough to get pulled over, one of the best things you can do in your defense, is to let the officer know you're not a threat to him. Before he approaches your window... have BOTH hands on the wheel where he can see them. Turn your radio off. Have anyone in the car with you put their hands in a visible position. If there's a pair of cops, one approaching each side of your car, put BOTH windows down. If its night time, turn your interior lights on. If your windows are tinted, lower ALL your windows. If it's raining and you're going to get your imported Italian sheepskin leather seats wet -- too ****ing bad. The cop's going to be in a much more forgiving mood if he doesn't have to worry about your passenger Pablo coming up with a 9mm Glock from the back seat."
jttegx is offline   Reply With Quote
Old 06-11-2005   #4 (permalink)
reddawnman
Senior Member
 
reddawnman's Avatar
 
Join Date: Apr 2004
Location: SoCal OC / LA / San Diego
Age: 26
Posts: 330
reddawnman is a name known to allreddawnman is a name known to allreddawnman is a name known to allreddawnman is a name known to allreddawnman is a name known to allreddawnman is a name known to allreddawnman is a name known to allreddawnman is a name known to all
iTrader: (0)
Quote:
Originally Posted by jttegx
http://ehowa.com/mythoughts/nospeeding.shtml
heres another helpful link that ive discovered from another member here.
Second the motion on the ehowa link.... glad someone else found it too.
reddawnman is offline   Reply With Quote
Old 06-11-2005   #5 (permalink)
TheSmuggler
Smuggling bananas and mexicans all for one low price...
Hey! Look At Me!! I'm a Supporting Member!!
 
TheSmuggler's Avatar
 
Join Date: Aug 2003
Location: Langley AFB, VA
Age: 23
Posts: 10,002
TheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questioned
iTrader: (11)
Ya gotta give respect to get respect
TheSmuggler is offline   Reply With Quote
Old 06-11-2005   #6 (permalink)
i8dabomb
I love to suck t3h c0ck & am supr ghey
 
i8dabomb's Avatar
 
Join Date: Jan 2005
Location: Vermont
Age: 20
Posts: 3,451
i8dabomb is just really nicei8dabomb is just really nicei8dabomb is just really nicei8dabomb is just really nice
iTrader: (2)
Quote:
Originally Posted by Echelon04
Good write up! Yeah I talk as little as possible. Been pulled over 5 times only 1 ticket!
pulled over 6 times, ticket 3 times, warning twice, idiot cop for the other one, fighting two tickets in the system now...
i8dabomb is offline   Reply With Quote
Old 07-10-2005   #7 (permalink)
thmmpr
Senior Member
 
thmmpr's Avatar
 
Join Date: Mar 2004
Location: Orlando
Age: 29
Posts: 439
thmmpr is an unknown quantity at this point
iTrader: (0)
nice to have some other officers on here. at least i dont feel like the only one that has to answer all the legal questions.stay safe guys.
thmmpr is offline   Reply With Quote
Old 07-10-2005   #8 (permalink)
dariusld
Senior Member
 
Join Date: Jul 2004
Location: San Diego
Posts: 242
dariusld is an unknown quantity at this point
iTrader: (0)
Even if a police officer is wrong, he can pull you over for what ever reason he wants. Iv'e been pulled over numerous times for no reason what's so ever. The last time the officer said " I want to check your registration" He has all the power. I gave him my registration and said nothing, he let me go. What he was probably doing was checking to see if had any warrants, because I look a certain way or live in a certain neighborhood. I have at least five more stories that go the same way. I think they find me on their slow days.
dariusld is offline   Reply With Quote
Old 07-10-2005   #9 (permalink)
MajinB
Drunken Master-7thgen Ninja
 
MajinB's Avatar
 
Join Date: Jun 2005
Location: georgia
Age: 23
Posts: 7,998
MajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to beholdMajinB is a splendid one to behold
iTrader: (21)
some one sticky this. it is good advice.
MajinB is offline   Reply With Quote
Old 07-10-2005   #10 (permalink)
NeonImpact
7thGen Junkie
 
NeonImpact's Avatar
 
Join Date: Dec 2002
Location: Maryland
Posts: 10,250
NeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questionedNeonImpact should not be questioned
iTrader: (37)
Quote:
Originally Posted by MajinB
some one sticky this. it is good advice.
I did when I made this thread.
NeonImpact is offline   Reply With Quote
Old 09-13-2005   #11 (permalink)
ZapThyCat
7thGen Junkie
 
ZapThyCat's Avatar
 
Join Date: Oct 2003
Location: Livermore, Cali
Age: 29
Posts: 21,351
ZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to behold
iTrader: (19)
Bump for this thread. We should all read it every few months...

and + rep for neon
ZapThyCat is offline   Reply With Quote
Old 09-13-2005   #12 (permalink)
gearbox
Super Moderator
 
gearbox's Avatar
 
Join Date: Sep 2002
Location: Reno, NV
Age: 28
Posts: 34,923
gearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant futuregearbox has a brilliant future
iTrader: (86)
Can't believe I never saw it! But yea I always turn car off (don't like wasting gas), and put hands on the wheel. I've been afraid to turn the dome light on altho I think it comes on for a minute once the car is off. I gotta remember to roll all the windows down instead of just the driver side.

Oh and just what do you have to do to get pat down cause one time there was a super hot officer and...haha.
gearbox is online now   Reply With Quote
Old 09-13-2005   #13 (permalink)
TheSmuggler
Smuggling bananas and mexicans all for one low price...
Hey! Look At Me!! I'm a Supporting Member!!
 
TheSmuggler's Avatar
 
Join Date: Aug 2003
Location: Langley AFB, VA
Age: 23
Posts: 10,002
TheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questionedTheSmuggler should not be questioned
iTrader: (11)
^^bwhahahaahahaa, good info Neon
TheSmuggler is offline   Reply With Quote
Old 09-14-2005   #14 (permalink)
ZapThyCat
7thGen Junkie
 
ZapThyCat's Avatar
 
Join Date: Oct 2003
Location: Livermore, Cali
Age: 29
Posts: 21,351
ZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to beholdZapThyCat is a splendid one to behold
iTrader: (19)
Quote:
Originally Posted by gearbox
Can't believe I never saw it! But yea I always turn car off (don't like wasting gas), and put hands on the wheel. I've been afraid to turn the dome light on altho I think it comes on for a minute once the car is off. I gotta remember to roll all the windows down instead of just the driver side.
I always turn the lights on in the car (unless it's daytime) and roll down the rear windows. I do -NOT- want the cops to be edgy around me. My window tint is very dark, so I want them to know that there's no "pedro crouched in the back with a 9mm"...
ZapThyCat is offline   Reply With Quote
Old 09-20-2005   #15 (permalink)
Tragedy
skate or die
 
Tragedy's Avatar
 
Join Date: Aug 2005
Location: Texas
Posts: 2,291
Tragedy is a name known to allTragedy is a name known to allTragedy is a name known to allTragedy is a name known to allTragedy is a name known to allTragedy is a name known to allTragedy is a name known to all
iTrader: (9)
What about random searches for nothing that involve groping?
I was driving my old boosted car and ran a red light. The cops pulled me over, gave me a ticket, and then asked me to step out so they could frisk me. Confused and tired, I complied and got my nuts and ass grabbed (groping like). The parter looked grossed out but the other cop was happy. Whats up with police actions like this?
Tragedy is offline   Reply With Quote
Reply

To avoid seeing this ad in our forum please register at CivicForums.com

By joining our free community you will have access to post topics, respond to polls, upload content and access many other special features.


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Honda Civic Forum Replies Last Post
Best Kill Marcus Mid Atlantic 14 02-01-2005 12:40 PM
got the brembos and hawks installed but dirtySAMURAI Wheels,Tires & Brakes 11 12-16-2004 03:45 PM
The Ultimate PC Setup CarbonFly Computer & Gaming 28 04-01-2003 02:48 PM
new to stick WuBear General Automotive Discussion 12 11-07-2002 12:34 AM
ticket...what should i do? touwseew General Automotive Discussion 16 05-06-2002 04:03 PM

  
User Login
Our Partners
used new
Top 10 Threads
State Window Tint Rules & Laws
****California Laws for Import mods and street racing***
HID's Illegal? (Just got a ticket)
***Please Read- NEON/UNDERBODY NEON LIGHT QUESTIONS***--UPDATED WITH CALIFORNIA LAW--
Traffic Stops: The Basics 101
$$$ for tint ticket in NY state
How fast are the cops
USA and CANADA tint law links
FYI: Texas Street Racing Law
1 mph ticket

Site Supporters


aluminum radiator

Honda car spoilers

All times are GMT -5. The time now is 08:39 PM.

   
Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.0.0
All Content Copyright © 2007 CivicForums.com