Question about being pulled over.

[phlysac]

Originally Posted by eaglesalltheway

The way I read that, it was after he surrendered the ID though.


And officers do that solely because he initially planned on asking Ness's buddy why they were there, then getting Ness separate and asking him to see if they had the same story. If there would be inconsistencies, that's when cops bring in backup and actually have power to search the car,hold the driver, etc, depending on a few things.

It is you legal obligation to provide license and registration when requested by an officer of the law who identifies themself. (In a moving motor vehicle situation)

[eaglesalltheway]

Originally Posted by phlysac

It is you legal obligation to provide license and registration when requested by an officer of the law who identifies them self. (In a moving motor vehicle situation)

It is also their responsibility to give you a reason why you are being pulled over. You have the right to ask why. Similar to having the right to refuse search of your car (they also have the right to obtain a warrant if you refuse, but most don't unless they are very suspicious).

[phlysac]

Originally Posted by eaglesalltheway

It is also their responsibility to give you a reason why you are being pulled over. You have the right to ask why. Similar to having the right to refuse search of your car (they also have the right to obtain a warrant if you refuse, but most don't unless they are very suspicious).

You're correct on the latter, but he is under no obligation to answer your questions UNTIL you provide the information he requests. This whole thread was about being told why you're being pulled over PRIOR to handing the officer your license and registration. The officer is NOT required to give that information until he gets the information from you.

[eaglesalltheway]

Originally Posted by phlysac

You're correct on the latter, but he is under no obligation to answer your questions UNTIL you provide the information he requests. This whole thread was about being told why you're being pulled over PRIOR to handing the officer your license and registration. The officer is NOT required to give that information until he gets the information from you.

Well then it must be different where you are, because the officer I talked to told me he should have told me why he pulled me over before asking for my ID.

Its a case of you don't really KNOW for certain who you are being pulled over by. Could be a cop, could be someone interested in getting your personal info. Like I said, as long as **** looks official, I'm not going to ask the officer their name and badge number before handing it over, but its well within your rights to ask why, and the officer should tell you before you've surrendered your license.

[phlysac]

Originally Posted by eaglesalltheway

Well then it must be different where you are, because the officer I talked to told me he should have told me why he pulled me over before asking for my ID.

Its a case of you don't really KNOW for certain who you are being pulled over by. Could be a cop, could be someone interested in getting your personal info. Like I said, as long as **** looks official, I'm not going to ask the officer their name and badge number before handing it over, but its well within your rights to ask why, and the officer should tell you before you've surrendered your license.

I'm in Pennsylvania as well. Someone impersonating an officer will tell you why they pulled you over anyways, so that isn't an effective line of defense in regards to protecting your personal information.

I always tell the officer (with my hands in perfect visibility) "My license is in my pocket and my registration is in my glove box, may I reach for them?" When given permission I get the documents and while I'm holding them in the officer's view I politely ask "May I ask why I was pulled over, Officer?"

If they haven't already told me they always have, in my experience, at that point.

[CJSchneider]

Originally Posted by eaglesalltheway

Well then it must be different where you are, because the officer I talked to told me he should have told me why he pulled me over before asking for my ID.

Its a case of you don't really KNOW for certain who you are being pulled over by. Could be a cop, could be someone interested in getting your personal info. Like I said, as long as **** looks official, I'm not going to ask the officer their name and badge number before handing it over, but its well within your rights to ask why, and the officer should tell you before you've surrendered your license.

Because that police car with the shiny red light just confuses the hell out of the citizens of the great state of Pennsylvania, doesn't it.

[CJSchneider]

This is for Alabama, but there is lots of info.

http://www.mahaneylaw.com/files/the_...ffic_stops.pdf

[eaglesalltheway]

Originally Posted by CJSchneider

Because that police car with the shiny red light just confuses the hell out of the citizens of the great state of Pennsylvania, doesn't it.

There are plenty of unmarked police cars in PA that could easily be replicated, CJ. Buying a set of flashing red and blues isn't difficult (or expensive) either. Like I said, flashing red and blues on a car that has all the things on it that make me believe it is a legit officer (as long as the uniform is the same) usually make this a non-issue. But most people are going to be extremely leery of an unmarked or undercover officer pulling them over, for good reason.

[phlysac]

Originally Posted by eaglesalltheway

There are plenty of unmarked police cars in PA that could easily be replicated, CJ. Buying a set of flashing red and blues isn't difficult (or expensive) either. Like I said, flashing red and blues on a car that has all the things on it that make me believe it is a legit officer (as long as the uniform is the same) usually make this a non-issue. But most people are going to be extremely leery of an unmarked or undercover officer pulling them over, for good reason.

You're bringing up completely valid hypotheticals eagles, but none of these hypotheticals were present in the original posting question.

[eaglesalltheway]

Originally Posted by phlysac

You're bringing up completely valid hypotheticals eagles, but none of these hypotheticals were present in the original posting question.

All I know is what the officer told me when he pulled me over in Philly. (This was almost two years ago, at this point) He told me that he should have told me why he pulled me over before asking for my info, and I was right to ask him before I handed it over. When I got pulled over in Gettysburg last Summer the officer explained why he stopped me as I was getting my info together, so I didn't have to bring it up again.

Those are the only times I've been pulled over, and if I'm ever pulled over again. I'll be asking why before I turn any info over. Not going to be a dick about it, but because of what that officer told me, I will never give up my info without knowing why I was pulled over. There's nothing wrong with getting your questions answered while answering theirs, as long as you aren't being rude or misleading them, you have every right to know what you're being "accused" of, in this type of situation.

[Raiderz4Life]

Idk bout other places but here...its super easy to tell a cop from a non-cop...a real cop will have CA exempt plates and a bajillion antennas on their car. Which kinda defeats the purpose.

[Ness]

Originally Posted by eaglesalltheway

This is as simple as knowing your rights, people. I was pulled over once when I was in Philly, and the cop asked for my license and registration. And then said nothing. I told him I'd be more than happy to give them to him if he told me why he pulled me over. He then gave his reason and I handed over my license. He told me he may have suspected I was a drunk driver, (this was after a Phillies game) but I explained to him I hadn't drank anything alcoholic at all (and I hadn't) and I just wasn't familiar with the area and it didn't help all the other people around me driving like douchers.

NEVER hand over any of your personal property, especially with lots of valuable info on it like you DL #, insurance info and all that other **** unless you are given a reason. IT IS YOUR RIGHT TO KNOW THESE THINGS (in PA anyway). Its also within your rights to ask for a badge number before you even hand that over, but as long as everything looks legit, I wouldn't bother, because then they'll just think your being a dick.

As it was, he came back, I apologized for seeming difficult, and I didn't want to keep him from doing his job, and he told me I was fine asking that, and that officers SHOULD tell you why you are being pulled over (usually do it by asking "do you know why I'm pulling you over?") before they ask for anything else from you, otherwise they aren't necessarily following how things should go.

Know your rights, this is something that varies, slightly, by state, so there isn't much you could have done about that, Ness, being in another state, but don't let people in power abuse it further.

Thanks for the response.

[CJSchneider]

Cops have rights also. It would not surprise me if you found out that officers have only to ask for your documentation and then are allowed to return directly to their vehicles without having to say a word to you until they return.

[Ness]

Originally Posted by CJSchneider

Cops have rights also. It would not surprise me if you found out that officers have only to ask for your documentation and then are allowed to return directly to their vehicles without having to say a word to you until they return.

You need a reason for being detained though or else you are free to leave. Police can never detain you without a reason.

[Hurricanes25]

Originally Posted by Ness

You need a reason for being detained though or else you are free to leave. Police can never detain you without a reason.

They can detain you for just having probable cause and probable cause can just about be anything. It's not like he was arresting you or your friend. When a cop asks for ID, just show it to him. It's a lot easier that way.

[MetSox17]

This is so god damn stupid. Hurricanes is right, they can detain you for whatever the hell they want. If it's something petty, 99% of the time they let you go with a warning. I've been stopped countless of times and have gotten tickets only twice. When you start acting like an asshole, that's when **** goes bad. Quit crying about it, no one was harassing you and no one violated your civil rights, jesus christ.

[Raiderz4Life]

Worst part is....this 4 page thread is over something that happened several years ago...6 i think he said...

[SuperPacker]

Originally Posted by raiderz4life

Worst part is....this 4 page thread is over something that happened several years ago...6 i think he said...

And the guy that was actually stopped forgot about it the same day...

[yo123]

You guys are going too far in the opposite direction, you definitely can't be detained for no reason, and just allowing it to happen just encourages cops to be assholes to other people who don't know their rights.

But seriously just give him your license....you need it to be driving in the first place, it's perfectly reasonable to ask for it right away.

[niel89]

I agree. There is no need to be impolite to an officer because it will be more of a hassle than its worth, but you shouldn't be completely giving up your rights because its convenient. You shouldn't be detained for no reason in any circumstance.

[Hurricanes25]

Hypothetical situation

Someone reported that their red 2004 Honda Accord was stolen in the city that you were driving through. You and your friend happen to be driving a red Accord. So now the police have every right to pull you over. They don’t need to tell you that they are looking for a stolen car. They can simply just ask for your license and registration. Since the car was yours and not stolen, they would let you go and tell you to have a nice day. See how easy that was?

If they found that the car you were driving was stolen, they then have to tell you why you were stopped and what you’re being arrested for.

[Ness]

Originally Posted by MetSox17

This is so god damn stupid. Hurricanes is right, they can detain you for whatever the hell they want. If it's something petty, 99% of the time they let you go with a warning. I've been stopped countless of times and have gotten tickets only twice. When you start acting like an asshole, that's when **** goes bad. Quit crying about it, no one was harassing you and no one violated your civil rights, jesus christ.

No police can't detain you for whatever the hell they want.

Probable cause doesn't equal "whatever the hell they want". Put down the crackpipe.

Originally Posted by Hurricanes25

They can detain you for just having probable cause and probable cause can just about be anything. It's not like he was arresting you or your friend. When a cop asks for ID, just show it to him. It's a lot easier that way.

Right. I'm not arguing that police can't detain you for probable cause.

Probably cause = having a reason to detain you.

Originally Posted by yo123

You guys are going too far in the opposite direction, you definitely can't be detained for no reason, and just allowing it to happen just encourages cops to be assholes to other people who don't know their rights.

Precisely. People shouldn't obligated to give up their personal information just because a police officer asks for it without any reason. It's well within your right to know why you were stopped...without it having to take ten to fifteen minutes to know why....after you have given up your personal information.

[themaninblack]

I'm in a legal major in college and from everything I've come to understand, they are not required to give you a reason for pulling you over and requesting your ID. I believe they are allowed to make you sit there long enough to run your name/ID without giving a reason but that's about it.

You should always be extremely friendly when dealing with a police officer, any sort of hostility could give them a reason to detain you. After they run you through their system you should politely ask if you are being arrested and if they say no you should be able to leave. If you don't ask to leave I think they are allowed to assume you are granting them permission to hold you until they are finished 'interrogating' you.

[MetSox17]

Call Al Sharpton and Jesse Jackson to tell them about your story of racial discrimination.

[Ness]

Originally Posted by themaninblack

I'm in a legal major in college and from everything I've come to understand, they are not required to give you a reason for pulling you over and requesting your ID. I believe they are allowed to make you sit there long enough to run your name/ID without giving a reason but that's about it.

You should always be extremely friendly when dealing with a police officer, any sort of hostility could give them a reason to detain you. After they run you through their system you should politely ask if you are being arrested and if they say no you should be able to leave.

Is that a state law? Because the other poster eaglesalltheway said this wasn't the case in PA. At least that is what the officer that pulled him over told him, that an officer should tell the driver why he was stopped first.

And yes you should always be friendly with a police officer.