Cops are supposed to protect the public; one way they do that is through legitimate traffic stops. But what about when a police officer abuses his power? How far can a cop go during the traffic stop? And, What can you do to stop him?
THE LAW
The law states that: Once the purpose of a traffic stop has been satisfied, the continued detention of a vehicle and its occupants constitutes a second stop, and must be independently justified by reasonable suspicion.
What does this mean? This means that a police officer must have a purpose for initially pulling you over (usually to give you a speeding ticket or warning). AND once that purpose is satisfied, he cannot ask you anything else!
How does he satisfy the purpose of pulling you over? By writing giving you the ticket or the warning. Once he does that, the purpose of the stop is satisfied and he cannot ask you anything else!
However, Warning: if you do something before the officer gives you a ticket/warning that would give rise to a reasonable suspicion of criminal activity, he can inquire into his suspicions.
SO, a police officer pulls you over, asks you the usual "do you know why I pulled you over?" then he gives you a warning for speeding. STOP! He cannot ask you anything else! He can't then ask you "do you mind if I look in your trunk?" or even "Why are you traveling through here?" He cannot ask you ANY more questions. His purpose for the stop is satisfied.
If he does, his continued detention of you while he asks you those questions would constitute an illegal stop.
WHAT DO YOU DO?
Next time a police officer asks you anything after giving you a warning or a ticket, ask him "You already gave me a ticket, so I am free to go, right?" Asserting your rights is never justification for a suspicion.
WHAT ABOUT QUESTIONS BEFORE ISSUING A TICKET?
Police love to get away with as much interrogation as they can before issuing you a ticket. Is that illegal? It can be!
WHAT DO YOU DO?
Next time a police officer asks you anything after giving you a warning or a ticket, ask him "You already gave me a ticket, so I am free to go, right?" Asserting your rights is never justification for a suspicion.
WHAT ABOUT QUESTIONS BEFORE ISSUING A TICKET?
Police love to get away with as much interrogation as they can before issuing you a ticket. Is that illegal? It can be!
THE LAW
The law says that police cannot extend a stop longer than what is necessary to fulfill its
initial purpose without additional reasonable suspicion.
What does that mean? That means Police cannot pull you over for speeding then hold you there so he can ask you unrelated questions or search your car.
As an example: In a famous Maryland case (Whitehead v. State), the officer pulled Whitehead over and did a routine check of his license and registration. After the cop determined that everything was in order, he delayed issuing a traffic ticket so that a K-9 unit could arrive and perform a search. THIS WAS ILLEGAL!
The police have a duty to expeditiously confirm or dispel their suspicions (the initial reason they pulled you over). They cannot conveniently forget the purpose of the stop, then pick it up later when they feel like it. Warning: again, if you do something that would give rise to a reasonable suspicion of criminal activity, the officer can inquire into his suspicions.
SO, a police officer pulls you over, asks you why he did so, then asks you if he can look in your trunk before he writes you a warning. STOP! He cannot investigate anything except the initial purpose of his stop. (See Warning) Even if he starts to ask you other questions like "where are you coming from?" "Where are you going?" "Do you have any drugs on you?" All of these questions forget the purpose of his initial stop and must be justified by a separate reasonable suspicion.
WHAT DO YOU DO?
First, ask him why he pulled you over to get the officer back on track. He should realize he doesn't have a right to ask you those questions. If he continues, say "Officer I am not a criminal, I am sorry for speeding, was there another reason why you pulled me over?" If he continues, say "Officer, with all due respect, the law protects me from answering questions that have nothing to do with why you pulled me over."
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The police have a duty to expeditiously confirm or dispel their suspicions (the initial reason they pulled you over). They cannot conveniently forget the purpose of the stop, then pick it up later when they feel like it. Warning: again, if you do something that would give rise to a reasonable suspicion of criminal activity, the officer can inquire into his suspicions.
SO, a police officer pulls you over, asks you why he did so, then asks you if he can look in your trunk before he writes you a warning. STOP! He cannot investigate anything except the initial purpose of his stop. (See Warning) Even if he starts to ask you other questions like "where are you coming from?" "Where are you going?" "Do you have any drugs on you?" All of these questions forget the purpose of his initial stop and must be justified by a separate reasonable suspicion.
WHAT DO YOU DO?
First, ask him why he pulled you over to get the officer back on track. He should realize he doesn't have a right to ask you those questions. If he continues, say "Officer I am not a criminal, I am sorry for speeding, was there another reason why you pulled me over?" If he continues, say "Officer, with all due respect, the law protects me from answering questions that have nothing to do with why you pulled me over."
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