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How do these traffic stops work? I think someone is exaggerating something. "Hello I stopped you because you were going 85 in a 70 mph area. Please give me you

How do these traffic stops work? I think someone is exaggerating something. "Hello I stopped you because you were going 85 in a 70 mph area. Please give me your license, insurance, and cell phone"? What laws govern police asking for things?

AndrewMoffat 16y ago
What laws govern police asking for things? From what I've gathered, police can ask for all kinds of things that they legally have no right to (searches, being let in, etc), but you can still ignorantly comply. They can even legally lie about shit to persuade you.
- jshort 16y ago
  They can also do things that are illegal and then lie about them after if needed. Or just make up some false probable cause to warrant a search.
  - stretchwithme 16y ago
    One ought to be able to consult a lawyer or ombudsman during these attacks on your civil rights. You haven't committed any crime. Who's supposed to be serving who here?
    - notyourwork 16y ago
      Have to disagree with "You haven't committed any crime" because these to my understanding occur during traffic violation. Not saying I agree with the practice but am saying cops are not pulling over perfectly legal drivers and saying "Sir/Ma'am please handover your cell phone".
      - ynniv 16y ago
        An ambiguous crime. The limits are clearly posted, but enforcement is highly inconsistent. Driving the speed limit has probably become indicative of old age or an attempt to avoid police interaction. Try strictly driving the posted limit for a while and you will find it socially unacceptable. While most traffic stops are rightly due to excessive violation, some are an excuse to investigate. A stop for speeding makes a great cover should the motorist complain. If they were driving slower than the social norm, or even the cars around them, there is no hard evidence to support their case.
      - pmichaud 16y ago
        Traffic violations are mostly civil matters, not criminal matters.
        CWuestefeld 16y ago
        Right, and that's why you're not entitled to a jury trial for your speeding ticket. Speeding, running a light, etc., are not criminal offenses (except in extreme cases of reckless driving, where you may be on the hook for "reckless endangerment" or some such)
        ams6110 16y ago
        No, civil matters are things like contract disputes, medical malpractice, negligence, etc. I.e. disputes between two private parties. Traffic violations are violations of the law and thus are criminal matters (though generally misdemeanors). You can tell the difference by whether there is a County/State/Federal prosecutor involved. Prosecutors don't bring civil claims to court.
        pmichaud 16y ago
        http://en.wikipedia.org/wiki/Traffic_ticket#United_States http://en.wikipedia.org/wiki/Traffic_ticket#United_States First sentence reads: "In the United States, most traffic laws are codified in a variety of state, county and municipal ordinances, with most minor violations classified as civil infractions."
  - ams6110 16y ago
    They can't lie about them afterwards, but they can lie to you during interrogation. E.g. "your friend Joe already told us you did <whatever crime> so you might as well admit it." even if that's not true.
bluedanieru 16y ago
You 'give up' a lot of your rights simply by using public roads.
- yardie 16y ago
  you mean by operating a vehicle on a public road. They don't have the right to breathalyze you if you're walking home.
  - JanezStupar 16y ago
    Where I live they do (its not US).
  - ams6110 16y ago
    If you appear to be intoxicated (staggering about, etc) you can be arrested for public intoxication, though you are not driving. Not sure whether they can compel a breathalyzer without a warrant in that case though.
rmc 16y ago
They can ask. You don't have to answer/compily. That's the important distinction

AndrewMoffat 16y ago

What laws govern police asking for things? From what I've gathered, police can ask for all kinds of things that they legally have no right to (searches, being let in, etc), but you can still ignorantly comply. They can even legally lie about shit to persuade you.

jshort 16y ago
They can also do things that are illegal and then lie about them after if needed. Or just make up some false probable cause to warrant a search.
- stretchwithme 16y ago
  One ought to be able to consult a lawyer or ombudsman during these attacks on your civil rights. You haven't committed any crime. Who's supposed to be serving who here?
  - notyourwork 16y ago
    Have to disagree with "You haven't committed any crime" because these to my understanding occur during traffic violation. Not saying I agree with the practice but am saying cops are not pulling over perfectly legal drivers and saying "Sir/Ma'am please handover your cell phone".
    - ynniv 16y ago
      An ambiguous crime. The limits are clearly posted, but enforcement is highly inconsistent. Driving the speed limit has probably become indicative of old age or an attempt to avoid police interaction. Try strictly driving the posted limit for a while and you will find it socially unacceptable. While most traffic stops are rightly due to excessive violation, some are an excuse to investigate. A stop for speeding makes a great cover should the motorist complain. If they were driving slower than the social norm, or even the cars around them, there is no hard evidence to support their case.
    - pmichaud 16y ago
      Traffic violations are mostly civil matters, not criminal matters.
      - CWuestefeld 16y ago
        Right, and that's why you're not entitled to a jury trial for your speeding ticket. Speeding, running a light, etc., are not criminal offenses (except in extreme cases of reckless driving, where you may be on the hook for "reckless endangerment" or some such)
      - ams6110 16y ago
        No, civil matters are things like contract disputes, medical malpractice, negligence, etc. I.e. disputes between two private parties. Traffic violations are violations of the law and thus are criminal matters (though generally misdemeanors). You can tell the difference by whether there is a County/State/Federal prosecutor involved. Prosecutors don't bring civil claims to court.
        pmichaud 16y ago
        http://en.wikipedia.org/wiki/Traffic_ticket#United_States http://en.wikipedia.org/wiki/Traffic_ticket#United_States First sentence reads: "In the United States, most traffic laws are codified in a variety of state, county and municipal ordinances, with most minor violations classified as civil infractions."
- ams6110 16y ago
  They can't lie about them afterwards, but they can lie to you during interrogation. E.g. "your friend Joe already told us you did <whatever crime> so you might as well admit it." even if that's not true.

bluedanieru 16y ago

You 'give up' a lot of your rights simply by using public roads.

yardie 16y ago
you mean by operating a vehicle on a public road. They don't have the right to breathalyze you if you're walking home.
- JanezStupar 16y ago
  Where I live they do (its not US).
- ams6110 16y ago
  If you appear to be intoxicated (staggering about, etc) you can be arrested for public intoxication, though you are not driving. Not sure whether they can compel a breathalyzer without a warrant in that case though.

rmc 16y ago

They can ask. You don't have to answer/compily. That's the important distinction