What to do if you are pulled over

[CuddlyForest]

Originally Posted by Shackleton

Sorry, but I think that video is a joke. If you're stopped for a minor traffic violation and don't have anything illegal in your car, then your best bet is to be friendly and cooperative. I've gotten warnings at least half the times I've been stopped for something minor. Acting like a punk will only make your situation worse and possibly get you arrested.

Cops aren't going to preserve your rights for you. You have to do it yourself. Cops will want you to give up your rights as soon as possible so as to make their job easier. The "If you're not guilty, you have nothing to hide" excuse has been repeated billions of times w/ great success because folks just don't know better.

You may give up your right to not be searched, but I KNOW I've done nothing wrong. Having done nothing wrong, I believe, is MORE of a reason to deny search than if I did have something illegal in my car.

No one can arrest you for lawfully denying a search and asserting your rights under the constitution. Some people do not understand that or just choose to ignore it. Which is your right to do after all, but not something I ever plan to do. Being on a board like this, I'd imagine more people would have a similar mindset as mine.

[CuddlyForest]

Also, here's the other side of the story.

The WRONG way to handle a police officer:

http://www.youtube.com/watch?v=KaCe6...eature=related

Very different, eh? Doesn't matter if you "feel" they should or should not have been busted. Fact is this is what happens if you do not preserve your own rights.

[ShysterJon]

Originally Posted by sky_wire

If the cop is a woman, I always ask her: Does your husband let you talk to him like this?

If the cop is black, I never pull over. I just call 911 and say that I'm being chased by a black man with a gun.

Be careful what you say here. Some people may believe you. Haha.

[SneakyCancer]

traffic stop does not apply to this.... speeding is speeding. or running a stop sign...etc...you will never win....speechless or not

[Adrianna xo]

I say just show him your boobs!!! That always works haha
* Just a little Tuesday Humor.
xo

[Shackleton]

Originally Posted by Adrianna xo

I say just show him your boobs!!! That always works haha
* Just a little Tuesday Humor.
xo

I tried that with a female cop. No luck!

[latinbreeze]

Thanks for posting this information Cheyenna. I have seen both of the videos referenced here. It's very good information and I would agree with most of it.

When an officer comes up behind you, it's best not to keep turning around and looking back like these actors do. Don't do things that make it look like you are hiding things under the seats. They call these furtive movements. They focus on nervousness and use that as a basis for attempting to search. It's almost always the same line,

"You got anything in that car I should know about?" "No?, then you don't mind if I search, do ya?"

Be respectful. Say as little as you can. Answer only the question asked without volunteering information. Don't give up incriminating statements - like "I guess I was speeding, officer." Don't carry on a conversation. I would not roll the window down completely. It gives them the opportunity to lean in and claim to smell alcohol or marijuana inside your car. In most cases, you are on video tape from the patrol car. And, can ask the officer questions, "Why did you pull me over?" "Why would you want to search my car, officer?" And, "Sorry, Officer, but I am in a bit of a hurry, and I will not consent to a search." "Could you please finish writing the ticket?"

[TxBrandy]

http://www.youtube.com/watch?v=FgADw_iJVsM

Sorry but sometimes a little in your face humor can remind you of common sense.

[latinbreeze]

Here is a law school professor who was also a defense attorney giving great advise. I think he gives an excellent, informative and entertaining presentation.

http://www.youtube.com/watch?v=jhbJd2USUDI

Don't Talk to the Police Even if your Innocent Pt1 of 3

[smg01]

the only thing i saw wrong is that the cop said "i clocked you at 50" so unless he has a stop watch and is really good at math the ticket would be thrown out. how do i know this. my friend is a cop and said the same thing once to some one he pulled over for speeding. the ticket was dismissed do to his wording of "i clocked you". its kinda hard for a cop to determin the speed of a car based on the time it took to the car to travel a certain distance. with that story being said. just remember it was just a video with actors. so lighten up.

[Capt. Lincoln F. Stern]

Ok I have a question about all this;

You get pulled over, on a public street, do you have the right to RECORD (if you carry a tape recorder or use your phone) to record your audio exchange with the cop?
Also, do you have the right to photograph him/her, their badge number and name tag since they are PUBLIC servants?

Reason I ask is that I once had to go give a statement over something and I took my own digital recorder and mini DVR and told the cop I was going to record for MY records what he said, what he looked like etc and he got frumpy.

[Shackleton]

In Texas, you can record a conversation so long as you're a party to the conversation. Other states have different rules. I'm also unaware of anything that would make it illegal for you to take pictures of a cop in public. Whether either of these things is a good idea for a traffic stop is an entirely different question.

[ShysterJon]

Originally Posted by smg01

the only thing i saw wrong is that the cop said "i clocked you at 50" so unless he has a stop watch and is really good at math the ticket would be thrown out. how do i know this. my friend is a cop and said the same thing once to some one he pulled over for speeding. the ticket was dismissed do to his wording of "i clocked you". its kinda hard for a cop to determin the speed of a car based on the time it took to the car to travel a certain distance. with that story being said. just remember it was just a video with actors. so lighten up.

No offense, but I'm skeptical the court dismissed a ticket merely because the cop said to the driver, "I clocked you at 50." Laypersons, let alone trained police officers, are permitted under the Texas Rules of Evidence to make estimates regarding speed.

Originally Posted by Spirit13

Ok I have a question about all this;

You get pulled over, on a public street, do you have the right to RECORD (if you carry a tape recorder or use your phone) to record your audio exchange with the cop?
Also, do you have the right to photograph him/her, their badge number and name tag since they are PUBLIC servants?

Reason I ask is that I once had to go give a statement over something and I took my own digital recorder and mini DVR and told the cop I was going to record for MY records what he said, what he looked like etc and he got frumpy.

Like Shackleton said, you probably have the RIGHT to made an audio recording and take photos during an encounter with people. But I wouldn't advise doing so, unless you could without the cop's knowledge. Popping out a recording device or camera would probably provoke the officer's ire. There's also the issue of pulling out a shiny piece of metal during a stop. I once had a case where an office fired five shots into a driver because he pulled a can opener out of his coat and the officer said the glint made him think it was a gun. (Can opener man had serious mental issues.)

[Capt. Lincoln F. Stern]

if I am going to record the cop I will probably do it without his knowledge.

I am somewhat familiar with wiretapping laws and oddly enough when having a conversation in public face to face, one does not violate this law. And if memory serves, if you are speaking to them on a phone, only one party needs to know about the recording.

[ShysterJon]

Originally Posted by Spirit13

And if memory serves, if you are speaking to them on a phone, only one party needs to know about the recording.

That's true under Texas law, but that's not the case under the laws of other states. In California, for example, it's illegal to record a phone conversation unless BOTH parties to the conversation consent.