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  1. #11
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    Default Re: Know Your Rights When Encountering Law Enforcement

    Without getting into having to dig up Supreme Court cases, you need to know that if you are speeding, and you get pulled over, the officer has every right to ask for your drivers license, and your car registration. In some states, he can ask for proof of insurance. The Supreme Court has continually held that suspicion being the lowest among probably cause to search, allows an officer to search a car around the drivers area for his safety. Beyond suspicion, he can not go into locked areas or the trunk without permission or a warrant. His area of search for safety is defind as 'within reach of the driver'. If you got a passenger who has warrants or is illegally armed...it extends the search area inside the car. Now, if he writes you out a traffic citation and you refuse to sign, you have just given him probable cause for arrest, and that has been upheld by the Supreme Court in numerous cases. In fact, in the majority opinion, the officer actually has the right to decide if he is going to give you a ticket, or physically arrest you on a traffic violation. Some states, have open container laws, where you will be persumed to have been drinking, if an empty containter is found in the car...Washington D.C. is a good example. Alaska and Oklahoma another (unless Ok has ammended their state law). In short, sometimes what you read does apply..but not in every case. Being cooperative and polite may not save you a ticket..but it may get you a break. Officers hate paperwork and having to go to court, so keep that in mind.

  2. #12

    Default Re: Know Your Rights When Encountering Law Enforcement

    Quote Originally Posted by ColonelRHS View Post
    Without getting into having to dig up Supreme Court cases, you need to know that if you are speeding, and you get pulled over, the officer has every right to ask for your drivers license, and your car registration. In some states, he can ask for proof of insurance. The Supreme Court has continually held that suspicion being the lowest among probably cause to search, allows an officer to search a car around the drivers area for his safety. Beyond suspicion, he can not go into locked areas or the trunk without permission or a warrant. His area of search for safety is defind as 'within reach of the driver'. If you got a passenger who has warrants or is illegally armed...it extends the search area inside the car. Now, if he writes you out a traffic citation and you refuse to sign, you have just given him probable cause for arrest, and that has been upheld by the Supreme Court in numerous cases. In fact, in the majority opinion, the officer actually has the right to decide if he is going to give you a ticket, or physically arrest you on a traffic violation. Some states, have open container laws, where you will be persumed to have been drinking, if an empty containter is found in the car...Washington D.C. is a good example. Alaska and Oklahoma another (unless Ok has ammended their state law). In short, sometimes what you read does apply..but not in every case. Being cooperative and polite may not save you a ticket..but it may get you a break. Officers hate paperwork and having to go to court, so keep that in mind.
    Actually, The SCOTUS has consistently held that the only thing a driver has to do is give the Leo his license and/or registration and proof of insurance. Nothing more, nothing less. In fact, you don't have to,say a word as ypur license Ids you as you. As to a search, assuming no arrest, the Leo does not have a right to search your dad if he has no reasonable suspicion to do so. Only if it's incident to arrest or as inventory search. Can't open trunk of glove box etc unless you're in custody and did not give consent. Consent is the worst thing to do because it acts as waiver of rights.

 

 

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