Traffic stop and driver conduct-- how should you behave?

8480 Views 30 Replies 13 Participants Last post by sfguard, Nov 6, 2010

NWGlocker

Discussion Starter · Nov 4, 2010

Question for LEO's all the people that carry. If you're pulled over by a LEO how should one behave? I've read a couple of suggestions but I'm wondering what the glock pro'ers think. Here's what I've heard/read:

-- Roll down all windows
-- Interior lights on if it's at night.
-- Hands stay on the steering wheel until asked for license/registration.
-- I realize it'll vary from state to state whether or not you're legally obligated to declare if you have a loaded firearm in the car. For me, when I'm asked by the LEO I would hand them my drivers license as well as my CCW license, then answer all questions he/she has while I keep my hands visible and on the wheel.

Does this seem reasonable so far?

Thanks in advance

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NWGlocker

Discussion Starter · #21 · Nov 5, 2010

Hi Vol--

Yah, I thought about the warrant issue as well, but for me if the officer asks to search the vehicle I decided I won't say "no" or "may I see a warrant"? I figure it'll be more work on both our parts to go through that conversation, and for the LEO I have nothing to hide including my weapon.

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VolGrad

· #22 · Nov 5, 2010

pistolcompetitor said:
Hi Vol--

Yah, I thought about the warrant issue as well, but for me if the officer asks to search the vehicle I decided I won't say "no" or "may I see a warrant"? I figure it'll be more work on both our parts to go through that conversation, and for the LEO I have nothing to hide including my weapon.

It most likely won't be more work unless you in fact were up to something as the LEO was probably asking if he could search just to see if he could find anything or to see how you reacted to his request. Some departments ask if they can search as a matter of habit ... kind of SOP. That's a waste of time. If he truly feels he has a reason to search then getting a warrant or drug dog out to give him RAS to search without a warrant isn't that big of a deal.

I understand where you are coming from and used to feel the exact same way as you. Over time I have decided (based on reading & watching other traffic encounters) that I won't allow a warrant less search. Most of the LEOs I know tell me they also wouldn't allow one. Take that for what it's worth.

Regarding the firearm ... if you are not required to tell the officer about the gun and you are not asked to step from the vehicle ... What will telling him about it gain you? What will it do for/to him? I have heard many, many accounts of the LEO simply saying, "That's cool. Just keep it in the holster." Unfortunately, I have also heard of a few (yet isolated) cases where the LEO freaked out and escalated the encounter unnecessarily. I have heard of folks being temporarily cuffed while the LEO runs the SN on the gun through the system. One case in GA last year the citizen's legally carried gun was confiscated (he was NOT arrested or cited but the gun was still taken) and it took him months and a lawyer to get it back. I know those cases are VERY rare. I just don't want to be that one outlier.

Please understand I am very PRO-LEO. The Chief will tell you that. I would be one in minute if I could go back in time and start my career over. I have been through two local Citizen Police Academies and been on numerous ride-alongs with at least 4 different jurisdictions in two states. I respect the profession immensely and have many folks I call "friend" that wear the badge ... local & Federal. I would never do anything to disrespect them.

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jlw

· #23 · Nov 5, 2010

Her's the thing on vehicle searches, or any searches for that matter, without a warrant or some sort of exigent search, they are completely voluntary. Repeat completely voluntary.

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sfguard

· #24 · Nov 5, 2010

jlweems said:
Her's the thing on vehicle searches, or any searches for that matter, without a warrant or some sort of exigent search, they are completely voluntary. Repeat completely voluntary.

Yeah, unless you have something laying out in plain sight (ie Plainsight evidence) if your involved in a routine stop and don't want your car searched it probably isn't going to happen. Unless some form of probable cause exists for detention pending a warrent. That takes something though

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VolGrad

· #25 · Nov 5, 2010

sfguard said:
Yeah, unless you have something laying out in plain sight (ie Plainsight evidence) if your involved in a routine stop and don't want your car searched it probably isn't going to happen. Unless some form of probable cause exists for detention pending a warrent. That takes something though

I think shows like COPS have really tainted people's view of how traffic stops go down. On the show almost every vehicle gets searched and it appears to be matter of fact that it should happen. The reality is on that show it probably should happen. Remember, you are watching the dramatic takes and not the routine stops. Who wants to watch the boring stuff where the driver doesn't give permission and no dope is found?

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jlw

· #26 · Nov 5, 2010

VolGrad said:
I think shows like COPS have really tainted people's view of how traffic stops go down. On the show almost every vehicle gets searched and it appears to be matter of fact that it should happen. The reality is on that show it probably should happen. Remember, you are watching the dramatic takes and not the routine stops. Who wants to watch the boring stuff where the driver doesn't give permission and no dope is found?

January will be 12 years for me, and I can count on one hand the total number of people that have denied consent to search or declined to talk after Miranda COMBINED on one hand and have a digit left over.

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TheLaw

· #27 · Nov 5, 2010

For future reference JL, I do not consent to any searches.

Some things to think about;
1. While we might be squeaky clean, what about your passengers? Ever carry a friend around that might "party" a little harder than you do?
2. Ever purchase a used car? It's possible that someone light have stashed something in it that you have no idea about.
3. Maybe your kids stashed something in the car the last time they borrowed it for a joy ride.
4. Are you 100% sure that everything in your car is 100% legal? I carry an ASP in my vehicle and I can't get a 100% clear answer on if it's legal or not.

There are lots of other possibilities that you could get caught with when you have thought you've done nothing wrong.

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jlw

· #28 · Nov 5, 2010

TheLaw said:
For future reference JL, I do not consent to any searches.

You don't count.

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Bulldawg

· #29 · Nov 5, 2010

jlweems said:
Her's the thing on vehicle searches, or any searches for that matter, without a warrant or some sort of exigent search, they are completely voluntary. Repeat completely voluntary.

I too would never consent to a search of my vehicle. However, I've been involved in a heated argument with a few LEOs I know who insist that if they pull you over for a traffic violation or a bulb being out on your vehicle, that is a violation of the law and therefore gives them reason to search your vehicle.

Is this correct? They insisted that if they "wanted" to search your vehicle, they'd search your vehicle.

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jlw

· #30 · Nov 5, 2010

Bulldawg said:
I too would never consent to a search of my vehicle. However, I've been involved in a heated argument with a few LEOs I know who insist that if they pull you over for a traffic violation or a bulb being out on your vehicle, that is a violation of the law and therefore gives them reason to search your vehicle.

Is this correct? They insisted that if they "wanted" to search your vehicle, they'd search your vehicle.

No. A simple traffic or equipment violation does not grant legal authority to search a vehicle.

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sfguard

· #31 · Nov 6, 2010

Bulldawg said:
I too would never consent to a search of my vehicle. However, I've been involved in a heated argument with a few LEOs I know who insist that if they pull you over for a traffic violation or a bulb being out on your vehicle, that is a violation of the law and therefore gives them reason to search your vehicle.

Is this correct? They insisted that if they "wanted" to search your vehicle, they'd search your vehicle.

It is going to take more than that. Not saying that it couldn't happen with some "creative writing" or a dog alerting or something but not on the situation you described.

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