What are my rights when a cop pulls me over?

[Bird222]

I think this could be a meaningful discussion. One thing I want to know is do I have to get out of my car if I am not under arrest?

 

[irishScott]

You have as many rights as the man with the gun allows you to have.

 

[SKORPI0]

Listen and follow the cops instructions exactly and do what he request of you. If you're "innocent", probably nothing will come out of it and you'll leave unscathed.
Act like a douche and you're asking for trouble.

http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html

 

[bradley]

You have the right to ask that they wear a condom first.

Listen and follow the cops instructions exactly and do what he request of you. If you're "innocent", probably nothing will come out of it and you'll leave unscathed. Act like a douche and you're asking for trouble.

When during the 1930s? That is so naïve.

 

[irishScott]

When during the 1930s? That is so naïve.

No, during always. In the heat of the moment you are at the cop's mercy. So which is more important? Driving away without incident, or standing up for your "rights" (aka pride) in a context where it probably won't matter anyway? Even if you do "successfully defend your rights" to a cop's face all you're going to do is send a good cop (good because he didn't shove your rights up your ass) home pissed off.

Confronting a cop outside of a court of law is a stupid, stupid idea. Acknowledge when you have power and when you don't, and act accordingly.

 

[K7SN]

What your rights are and what you should do are not necessarily the same thing. If he puts a gun to your head, cooperate calming, when he realizes your car is the wrong color and leaves without so much as an apology, then go to the police station and complain. Cost the bastard that did that to me some 50 years ago a week suspension.

You have the right to ask why you were stopped (unless you know why cause you did something stupid), if he asks you to get out o for instance have you take a sobriety test you had better do it if you have any hope of salvaging this day.

I know your probably never saw a set of Burma Shave signs but there was often wisdom in little rhymes.

He was right, dead right
as he speed along.
He is just as dead
as if he'd been wrong.
Burma Shave

Prudence is knowing when not to push your rights.

 

[clamum]

When during the 1930s? That is so naïve.

Not really. Can a cop do something to an innocent person? Sure, it's possible. But you're going to have a much better interaction if you calmly follow the officer's orders. Or you could fuck with the cop, be difficult, maybe ignore him/her or get physical, or go for their gun. Unless you have a crowd of lying morons supporting you going "HE DIDN'T DO NUFFIN" you wanna re-think that one though.

No, during always. In the heat of the moment you are at the cop's mercy. So which is more important? Driving away without incident, or standing up for your "rights" (aka pride) in a context where it probably won't matter anyway? Even if you do "successfully defend your rights" to a cop's face all you're going to do is send a good cop (good because he didn't shove your rights up your ass) home pissed off.

Confronting a cop outside of a court of law is a stupid, stupid idea. Acknowledge when you have power and when you don't, and act accordingly.

:thumbsup:

 

[nixium]

Treat him/her like you would treat a dangerous animal, a lunatic armed with a gun, or a Mob boss. The slightest provocation could get you killed. Just turn on your phone for recording, and hope for the best. Maybe you'll be OK.

 

[GagHalfrunt]

You have the right to free speech, even in a traffic stop. So tell the cop you're banging his mother. Then he'll understand that you know your rights and he won't mess with you.

 

[JulesMaximus]

You should be as polite as possible and do what you're told. If that means getting out of your car then so be it.

 

[destrekor]

I am of the belief that you should cooperate to the greatest extent you feel comfortable. If the requests are all within the right of the lawman then you must follow them. If they breach your rights, cooperate until you are uncomfortable. Making a scene and attempting to set an example is something you are free to do, but do it only when it truly matters.

I've made the promise to myself I'll never let a lawman search my car without a warrant, because that is a right I am not willing to cede just because an officer politely makes the request. But I'll cooperate in other situations so long as it isn't taking things too far beyond the line.

If you can record any interaction, it is always in your interest to do so. Sad days we live in where it should even be necessary to suggest that.

 

[Annisman*]

Many cops seem to have that bullying personality, once they see you are being polite and complying to simple requests they tend to drop the act quickly. If your pride does not allow you to humble yourself to a police officer this is probably something you will not try, and you will probably butt heads with law enforcement all your life.

 

[Kalvin00]

One thing I want to know is do I have to get out of my car if I am not under arrest?

Yes.

 

[CurseTheSky]

Disclaimer: I am not a layer or a police officer. I don't even play one on TV. Your mileage may vary. Take this advice at your own risk.

Be polite and don't be an idiot. You DO have constitutional rights that allow you to do and not do certain things, but the lines have become extremely blurred. For example, you have the constitutional right to remain silent. However, remaining completely silent for an otherwise normal traffic stop (speeding, tail light out, etc.) is just going to cause a headache for you and everyone else involved. Use common sense.

As far as whether or not you have to get out of the vehicle if you're not under arrest, I have no clue. I would imagine it varies by state and especially by situation. Again, not complying is just going to cause an extra headache for you in the long run.

Remember that regardless of the laws that protect you, the individual officer isn't a machine that must follow those rules exactly. Some make mistakes. Some forget things. Some purposely violate laws. Constitutional rights and other laws do not necessarily mean the situations can never happen - they just mean you have grounds for a court case afterward.

 

[BeeBoop]

You have as many rights as the man with the gun allows you to have.

This. You can't argue about your rights when you are dead.

 

[maddogchen]

As far as whether or not you have to get out of the vehicle if you're not under arrest, I have no clue. I would imagine it varies by state and especially by situation. Again, not complying is just going to cause an extra headache for you in the long run.
.

you are required to get out of the vehicle and it was approved by the US Supreme Court. Mainly for night situations where they can command the person to step out of the vehicle when the cop suspects a dangerous situation.

 

[maddogchen]

you have the right to be strip searched if you are a pretty woman. And the right to be beaten if you are black. Also they can take your phone and download your naked pictures and share it with fellow cops.

 

[Svnla]

I think this could be a meaningful discussion. One thing I want to know is do I have to get out of my car if I am not under arrest?

Read this.

The first thing an officer is looking out for is his or her safety. A driver should turn off the car, roll down the window, stay inside the car and put their hands on the steering wheel, or at least make it clear that there's nothing in their hands and they aren't reaching for anything.

If an officer feels any threat whatsoever, he or she can order someone out of their vehicle, said CNN legal analyst and attorney Danny Cevallos.

http://www.cnn.com/2015/07/23/us/sandra-bland-traffic-stop-rights/

When the cop ask/demand you to get out, do so slowly and do not argue. Always keep your mouth shut and only state your name and provide license, insurance, registration, no chit chat, no fat cop joke, no sudden move, keep your hands open and in the clear.

 

[Red Squirrel]

You have as many rights as the man with the gun allows you to have.

This.

Best to just comply and hope all goes well even if you think the cop is in the wrong. Your life pretty much rests on whether or not the cop is a good or bad one. I'd like to think that the percentage of bad ones is low enough that the odds of a bad encounter should be fairly small.

 

[Bird222]

First let me say I know you need to use common sense and not be a jerk. Keep in mind I am interested in what is legal not what is 'smart'. If a cop stops you for a speeding ticket and you ask a cop 'are you being detained' (i.e. you want to leave) are they then forced to go ahead and arrest you?

 

[etrigan420]

The amount of rights you have is inversely proportional to the brown-ness of your skin.

...unless you're Wayne Brady. Then it's all good.

 

[DaveSimmons]

First let me say I know you need to use common sense and not be a jerk. Keep in mind I am interested in what is legal not what is 'smart'. If a cop stops you for a speeding ticket and you ask a cop 'are you being detained' (i.e. you want to leave) are they then forced to go ahead and arrest you?

It sounds like you're looking for an excuse to "make a statement" by asserting your rights to the letter of the law.

Just like the idiots who open-carry AR-15's to "make a statement."

I wouldn't recommend it, but it's your life.

 

[JEDIYoda]

if he asks you to get out o for instance have you take a sobriety test you had better do it if you have any hope of salvaging this day.

You are wrong!! If he asks you toi get out of your car YES you must do that!!
But the law states that you do not have to agree to a field sobriety test!!
Now if he ask you to blow into a breathelizer you have no choice but to blow..unless you want your license automatically suspended!!

 

[Rakehellion]

Zero. Absolutely none.

 

[John Connor]

Don't consent to a search and NEVER carry large amounts of cash with you.