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Show ALL Forums  > Off Topic  > How Do You Respond to Police - Legally?      Home login  
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 want to travel
Joined: 7/29/2006
Msg: 34
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How Do You Respond to Police - Legally?Page 3 of 3    (1, 2, 3)
generally in canada you have proof your identity, and a police officer can make you identify yourself, as far as our rights are go, we also have to have some cash, and they do have a right to ask
 NurbyDriver
Joined: 7/30/2007
Msg: 35
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How Do You Respond to Police - Legally?
Posted: 2/7/2010 9:29:30 AM

The reasonable man test is just this; would a reasonable man. given the same set of circumstances come to the same conclusion as you and would he reasonably take the same actions. If yes, you are good to go.

And who deems YOU or anyone else "reasonable" at any given moment? You (or the hypothetical cop in this instance) is hyped up, something doesn't "feel" right, he "feels" something is amiss, John Q. Public is "acting" suspicious (in said cops mind), so he can deem his own self "reasonable" when I might find John Q. Public's actions completely within normal means. Hence: it's up to the cop ~ no governing body.


:rooleyes: Jesus, you really do have to lead some people by the hand in this world.

Number one, in law enforcement it always has, and is, referred to as 'probable cause'- Did you have probable cause to take the actions you did, please don't tell me what terminology is used in the profession I've been in for 20 years, thanks so much!

The reasonable man test is not contingent on anyone's state of mind at the time, it's measured in court, looking at the totality of the circumstances and judging if a reasonable man would come to the same conclusion and react in a similar fashion.

And who said anyone was hyped up? I don't get hyped up for much, certainly not on a traffic or pedestrian stop. I approach, say hello, even introduce myself and ask a couple questions, then go from there based on their responses. I use the words please and thank you, no one is hyped up.

If something does happen then in my report I articulate that I saw this, he said that, was acting in a certain way or had certain physical clues (sweating, agitation or other objective symptoms) and based on my observations, training and experience I came to conclusion X and therefore did action Y. Whatever that might be.

You people watch way too much CSI and Law and Order LOL.
 verygreeneyez
Joined: 3/15/2006
Msg: 36
How Do You Respond to Police - Legally?
Posted: 2/7/2010 4:18:34 PM

Number one, in law enforcement it always has, and is, referred to as 'probable cause'- Did you have probable cause to take the actions you did, please don't tell me what terminology is used in the profession I've been in for 20 years, thanks so much!

And don't tell me that the terminology I've used for just as long (professionally) isn't part of law. You might have been able to arrest and ticket and even shoot someone, but it's people such as myself that take your mistakes and correct them.

The reasonable man test is not contingent on anyone's state of mind at the time, it's measured in court, looking at the totality of the circumstances and judging if a reasonable man would come to the same conclusion and react in a similar fashion.

Which is EXACTLY why I happen to know MORE of the terminology than you do. How much continuing education have you done? How many case law citings that overturn and/or throw out your arrests do you even remember? How many statutes (from your own state) can you site verbatim in order to assure you are actually charging an offense correct so as NOT to blow your version of things when in court? You aren't the only person with a profession. You are, it would appear, unaware that other people have a professional life that is opposite and reactive to yours.

If something does happen then in my report I articulate that I saw this, he said that, was acting in a certain way or had certain physical clues (sweating, agitation or other objective symptoms) and based on my observations, training and experience I came to conclusion X and therefore did action Y. Whatever that might be.

Again, it's YOUR interpretation of the sequence of events. Somewhere between your version and the defendant's version is the TRUTH.

You people watch way too much CSI and Law and Order LOL.

Sorry, I don't watch trash TV.
 barbee1970
Joined: 12/29/2008
Msg: 37
How Do You Respond to Police - Legally?
Posted: 2/7/2010 4:54:26 PM
I get stopped too later at nigh and I am a white female. I note that I am not speeding, so I ask "what did I do?". Note to officers, I am an adult, I have no curfew.

The last one I believe was badge heavy. He was following me. I changed lanes as Archer/79th forks off. First he said I was weaving when in fact I signalled and changed lanes. He was going by what his partner said--They were going on an exit ramp and when I changed lanes he come after me. Then he said I may have been drinking, which I don't. They are looking to get their quotas in so they want to write as many tickets as possible. There are Barney Fifes out there trying to make a name for themselves.
 Lint Spotter
Joined: 8/27/2009
Msg: 38
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How Do You Respond to Police - Legally?
Posted: 2/7/2010 5:50:00 PM
Most places have a 'stop and identify' law that requires that if you are asked questions that are reasonable at the time and under the circumstances, you are required by law to respond reasonably. If you refuse, you can then be detained for obstruction of justice... the justice of ensuring the safety of the people in the neighbourhood that you're being detained in...

So as you tell him that he doesn't have to give any information to an officer, you might be setting him up for a heap of trouble.

Ignorance of the law is not an excuse to break that law.
 whothehellknows
Joined: 7/23/2006
Msg: 39
How Do You Respond to Police - Legally?
Posted: 2/7/2010 6:08:59 PM

I was furious and indignant. I told him he didn't have to give anything - his name, his address, anything, and that he had a right not to give them anything. Why would you give personal information to someone on the street, just because they jumped out of car and accosted you and you did nothing wrong? They didn't arrest him, didn't tell him why they stopped him, didn't say they were looking for anyone. I think they wanted to know why a young(ish) black male was on the street so late at night.


I do believe citizens are required to answer to types of question from police officers. Now granted they are not supposed to just stop random citizens and harass them, but they can make up any excuse as to why they stopped him (speeding, running traffic lights, suspicious activity, etc). Be nice to the cops, answer their questions, and then take it up with the elected politicians of the city (like the mayor, council members, etc).
 NappyKAT
Joined: 7/2/2008
Msg: 40
How Do You Respond to Police - Legally?
Posted: 2/7/2010 6:10:04 PM

Most places have a 'stop and identify' law that requires that if you are asked questions that are reasonable at the time and under the circumstances, you are required by law to respond reasonably. If you refuse, you can then be detained for obstruction of justice... the justice of ensuring the safety of the people in the neighbourhood that you're being detained in...
and yall are ok with this? Becaus you think it protects you? WTF? Sounds more and more like a police state.

This is becoming to look more and more like the frog in the frying pan scenario. Jim Rennie's home town under the Dome.

Before we realize how much our rights are taken away in the effect to 'protect' - it will be too late. And ya dam skippy I don't want nobody coming up to me asking me my name, where I'm going, and who I live with - unless I call you to give a report on a crime.
 Lint Spotter
Joined: 8/27/2009
Msg: 41
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How Do You Respond to Police - Legally?
Posted: 2/7/2010 6:13:31 PM

and yall are ok with this?
I'm more than ok with this... I'm in favour of such a law. After all, I have nothing to hide so the law in fact does protect me from the people that do have something to hide...
 REDDRAGON.
Joined: 10/9/2008
Msg: 42
How Do You Respond to Police - Legally?
Posted: 2/7/2010 6:14:57 PM

What about while driving? If they stop you on 'suspicion' can they legally make you get out and search your car? I heard they have to get permission and that you can say 'no' to a search request, but many people don't do that because it might makes the cops even more suspicious and try to hurt or arrest you. Isn't that illegal? How far can stopping a person on 'suspicion' go?



I use to be a drug runner...


You can tell them NO!! You may not search my vehicle with out a search warrant depending on what state you are in

most of them depending on the reason you were stopped usually let you carry on.
 xxxDINOxxx
Joined: 8/12/2009
Msg: 43
How Do You Respond to Police - Legally?
Posted: 2/7/2010 7:11:04 PM
I don't want to get hassled by them , naturally; who does? But at the same time, if I have nothing illegal in my car, I wouldn't mind them taking a look I suppose. I know technically they need a warrant perhaps, and there's the fear of drug-planting and this and that, but realistically why would some crooked cops pick me out to plant drugs on ?? So I probably wouldn't freak out if they wanted to take a look and they offered me a valid-sounding reason why (eg, there had just been a crime committed nearby with a similar-looking car as mine and a suspect matching my look more or less -- then I'd say sure, let's get that cleared up, it wasn't me).

I'm not one to be a real jag to them unless they really treat me that way first. Like with anyone, you get back what you give. If they give respect and courtesy, I respond in kind. If they come out with a bad attitude, likewise. So I'll answer questions , if asked, about where I'm going or whatever; I'm not going to sit there and say, Why do you have to know? , etc. But usually with traffic stops I've been involved in , in any case, these kinds of questions (much less car searching and so on) have not really been asked of me anyway.
 JWG86
Joined: 7/5/2008
Msg: 44
How Do You Respond to Police - Legally?
Posted: 2/10/2010 12:59:02 PM
I know a lot about what goes on in town here and am leery of many officers as well. That being said, if they want to ask me questions, I politely answer them. It beats the alternative.

Their questions are not harming me in any way other than taking a bit of my time. Yes, it is annoying to sacrifice this time, but I would rather spend a little time answering innocent questions about "Can I search your car? than I would saying "No" and having them detain me until a K9 unit can be brought in or something.

Where was your friend? There are places a young white male like myself will be escorted out of the area by police, or stopped for suspicion of wrong-doing as well.

Officers more and more are wired and taped from their mikes to their cruiser dash-cams. The days of police brutality and bullying are not done, but they are getting harder and harder to cover up. An officer can only have a "malfunctioning dash-cam" so often...
 jelunc
Joined: 8/24/2008
Msg: 45
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How Do You Respond to Police - Legally?
Posted: 2/10/2010 1:14:21 PM

Their questions are not harming me in any way other than taking a bit of my time.


Just playing devil's advocate here, I have always been lucky enough in this lifetime to be able to look at cop's as my friends and able to teach my nice pale skinned babies that cops were folks to look to for help.
However, thinking that all that is being done is wasting a bit of time is not literally true.
Each person who doesn't at least ask why did you stop me, is there something I can help you with? aids in the development of the idea that the uniform means more power than it should.
I am not saying have an attitude, the opposite is the best route to follow, there is no reason though not to politely remind that officer who stops you to ask questions that he/she should have a reason.
If they are looking for someone who has just committed a crime a citizen should be made aware of that fact; especially if they are on foot. Just a thought.
 JWG86
Joined: 7/5/2008
Msg: 46
How Do You Respond to Police - Legally?
Posted: 2/10/2010 6:08:34 PM
Just playing devil's advocate here, I have always been lucky enough in this lifetime to be able to look at cop's as my friends and able to teach my nice pale skinned babies that cops were folks to look to for help.
However, thinking that all that is being done is wasting a bit of time is not literally true.
Each person who doesn't at least ask why did you stop me, is there something I can help you with? aids in the development of the idea that the uniform means more power than it should.
I am not saying have an attitude, the opposite is the best route to follow, there is no reason though not to politely remind that officer who stops you to ask questions that he/she should have a reason.
If they are looking for someone who has just committed a crime a citizen should be made aware of that fact; especially if they are on foot. Just a thought.


One does not have to demand answers of an officer to maintain that they are being considerate of the officer instead of subservient. When an officer causes me to take time out of my day, I make it a point to look him/her in the eyes, and politely greet them with "Hello officer, how are you today?" Do not reach out to, or try to shake hands with the officer like you would someone else. This is an aggressive movement in their book and will immediately put them on the defensive. Weapon retention and creating distance with unknowns is very heavily ingrained in them, and ever OIS they hear about ingrains it deeper still.

Automatically, that officer is now responding to me, and not the other way around. I have initiated interaction on a positive note and the officer, 9 times out of 10, will respond in a similar manner, meaning that the tone for the interaction we are about to have has not only been set, but set by me.

Next, I shut up and look at the officer. Their turn to talk. At this point, they are forced to either walk away, or explain to me what their purpose is. Depending on their purpose (was I speeding? Are they informing me that they like my car and noticed a tail-light is out? Are they conducting a random DWI test?) the interaction will proceed.

Noone can ever ensure that an officer will treat them respectfully, but I have found that the method I detailed above allows me to: Initate control of the situation, set a positive tone, present myself in a respectable manner before an officer who may doubt my reputation, as he/she does not know me, and to start establishing rapport with that person.

Things an officer will do during a traffic stop: Ask where you live. Ask if you have any weapons in the car. Ask if there is anything in the car "that they should know about".

All of these things have several goals.

One, the officer is concerned with their safety. Cops are not the most popular people, and they know it. Your car could hold any number of hazards to their health.

Two, an officer will make any excuse he/she can to allow themselves voluntary access to your vehicle. This allows them to possibly turn a busted tail-light stop into a coke bust. I have had officers confiscate (temporarily) inane objects such as batons and pocketknives and whatnot from my vehicle only because they wanted to rummage through my glove box. There is no way a state-trooper with a P220 and a IIIA vest who is my size is going to worry about a collapsible 17" baton 30 feet away in my vehicle. Nonetheless, the officer was adament about retrieving it. During which he did indeed rummage through my vehicle briefly.

I have nothing in my glove box that I care if they see, so I let them. If it makes them feel empowered, who cares? More likely, he's just following SOP and trying to root out some pot or something that might be in a college-kids car. Contrary to popular belief, a speeding ticket doesn't matter a hill of beans to a cop. They want a drug-bust or something they can hang their hat on and feel good about. Everyone drives 10 over now and then and they know it. Only the jackasses get off on giving a ticket for that stuff. Everyone else is just using it to pull you over and wheedle their way into your car--and they hope--a REAL traffic stop.

 paulmag
Joined: 4/2/2007
Msg: 47
How Do You Respond to Police - Legally?
Posted: 2/13/2010 6:04:45 PM
Sorry but they can stop you and ask you your name and address...If you refuse, you could be charged with obstruction..Perhaps there was a person fitting your friends description involved in another incident..which the officer is not obligated to inform him off. though most would, out of common curtisy..In regards to your car..that also can be searched under probable cause..did they smell alcohol,Weed, thought they saw a weapon..You can fight it at a later date, but you may spend a night in a cell prior to you getting your day in court..Plus after your night in jail you could be released with conditions, until your trial date..If you breach those conditions then you are on a slippery slope. Even without your breach charge being heard your case will take six to nine months..You will have several court appearances as you are pleading not guilty, so you get spanked for that.Then when you resolve that obstruction charge, you still have the breach charge to fight.So round and round you go again.Our system has flaws, its not perfect but its all we have at this point in time..Good Luck...I work part time for the System, and we think it sucks also..
 Spitfire1956
Joined: 3/9/2008
Msg: 48
How Do You Respond to Police - Legally?
Posted: 2/13/2010 6:47:56 PM
( the cute ones can get by with that..but if your older, or not so cute...then the story is usually different)
 Worbug
Joined: 4/23/2009
Msg: 49
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How Do You Respond to Police - Legally?
Posted: 2/14/2010 6:59:29 PM
A Story some will like.

A few years back I was living on my boat in the marina after my divorce. Well the marina had a bar in it that was pretty popular in the area, also well known for the element that hung in there on the weekends.

One weekend, an off duty Cop was in there with his girl friend. He was a little dweeb with Napoleon syndrome, well he decided to inform the people, who would not eat any shit from him, that he was a police officer from a bordering city. Guess what, BAD move on his part. He got to experience what all you punk police officers pull on the innocent when you are on duty.

Heard from one of the Chicago Cops I know (Who is also a pri$#) , that his injuries were pretty severe, Broke his jaw and nose, both eye sockets, numerous ribs, somehow his ankle. Plus some other stuff. Got a long vacation LOL.

When I had walked to the bar from my slip, they were putting him in an ambulance, I had never heard a grown man cry and moan like that before.

From what I was told no body helped him, they said everyone, I mean everyone cheered.

Of course for the next month, everyday I would return home/slip after work, the dumb a$#es would be sitting in unmarked cars around the bend, they even tried to be slick, and sit in the bar like patrons, didn’t work, you could smell the “D#@head” on therm. LOL

This incident does not make up for the injustice done by numerous police offers, but it’s a good start.

Would I have helped if I was in the bar, most likely not, the police harass so many people, flexing the badge with their smart A$$ coments knowing you cannot stand up for yourself, that most deserve this.
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