My LEO encounter that just happened

[tx2sturgis]

Scene: Motorist pulled over by police or other LEO.

Officer: "Do you know why I pulled you over?"

Dumb motorist: "I think I was speeding?" (admitting guilt)

or

Clueless motorist: "No, I don't" (often this seems evasive) 

or

Smart motorist: "I don't answer questions." (aware of rights, but can be seen as antagonistic)

or


Wise motorist: "Officer, I'll let you tell me." (aware of rights and yet diplomatic)


In all cases there is officer discretion, but I prefer to start out respectful and friendly if possible, and yet preserve my rights.


YMMV. Not to be interpreted as legal advise.

 

[tx2sturgis]

Most agencies have access to all sorts of databases or people and their records (and permits). A license plate will get them the name of the person who OWNS/REGISTERS that vehicle, but not all names in the party.

{snip}

As I stated above, my ID does not have to be shown unless I am actually suspect of committing a crime. And the 5th Amendment protects me from being forced to give me name, address, or DOB as well. He has the right to run the plates (they are not private) but that doesn't always give an officer much info.

NCIC is one of the first databases they run your plate and ID thru. 

https://en.wikipedia.org/wiki/National_Crime_Information_Center

It would also be wise to read up on the stop and identify states:

https://en.wikipedia.org/wiki/Stop_and_identify_statutes

In some situations, it can be argued that if you are outside of, but in control of, a motor vehicle, even when it is parked, you are considered the driver and can be compelled to produce a drivers' license in some cases. 

Again, the prevailing situation, and the officer's discretion, is always a major factor.

 

[QinReno]

Officer: "Do you know why I pulled you over?"

Is that really the first question that they ask, or is that just in the movies? I've not been pulled over since about 1983, when the speed limit was 55. Hard to imagine.

 

[Van-Tramp]

I believe the first paragraph of the Stop and Identify wiki says exactly what I said

“authorize police[1] to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states.”

 

[tx2sturgis]

I believe the first paragraph of the Stop and Identify wiki says exactly what I said

Yes and I am not debating, just pointing out that there are so many variables in real life. Some LEOS will be persistent and can get very aggressive. In Texas for example, a pedestrian stopped on the street, does not have to identify himself until he is actually under arrest. Even some cops in Texas don't know or care about this law. But, if you are driving, then YES, you DO have to provide ID.

But, the 'reasonable and articulable' clause does NOT mean the officer must state his suspicions to YOU. 

Only that he has them, and can articulate them in court at a later date, if needed. 

Many of the youtube videos on this subject get this part very wrong.

 

[tx2sturgis]

Is that really the first question that they ask, or is that just in the movies?

No, my scenario assumed a normal stop after you hand over your DL. But it's often asked right after you provide your credentials.

Or, the officer will say something like: The reason for this stop Mr Jones, is because I clocked you at so and so, or I saw you run that stop sign, or whatever.

 

[Bud Smiley]

Cop: "Do you know why I pulled you over?"

Me: "I've got a pretty good idea but I'd like to hear it from you."


They usually chuckle at that one and then tell me about my extra-legal speed. So far I've been given no tickets, just a bunch of warnings.

 

[tx2sturgis]

Cop: "Do you know why I pulled you over?"

Me: "I've got a pretty good idea but I'd like to hear it from you."

That's a good one too....not admitting anything, and not confrontational either.

 

[QinReno]

They usually chuckle at that one and then tell me about my extra-legal speed. So far I've been given no tickets, just a bunch of warnings.

You must have a very pretty smile.

 

[Florida boondocker]

checkout News Now Houston on youtube, he goes everywhere pushing his rights, also James Freeman channel
they seem rude at first but if you watch a few you see they are standing for their right and love to "educate" law enforcement
on our rights

it amazing how many LE don't know our rights

 

[frater secessus]

Cop: "Do you know why I pulled you over?"

Me: "I've got a pretty good idea but I'd like to hear it from you."

"Man, it could have been a lot of things...

 

[66788]

I was in a National Forest, in Oregon. I had the van doors open and had just settled in for a nap when I heard a truck drive up. It was a ranger and he asked if I was okay. I assured him I was. He said he was just checking to make sure I was alive. I half-jokingly asked if they got a lot of bodies out there.

"Yes, unfortunately."

"Well, it's a nice place to die."

"It is that."

I  live in South Oregon and the local tow truck company had a Harley Davidson for sale that they had towed out of the National Forest. Seems the owner was no where to be found, just his tent, a few belongings, and the Harley.   Happens quite a bit in Oregon.

66788

 

[QinReno]

 Happens quite a bit in Oregon.

In general, or just to Harley owners? By south Oregon, you possibly mean the Medford area?

 

[grimmal]

We were camping down by Tombstone and came back through southern border of New Mexico heading towards Lordsburg. We had went down a few side roads looking for future camping spots. On the way back up a Border Patrol truck was going the other way and made a uturn and followed us. About 15 miles down the road another went by us and uturned also.  They pulled us over and we pulled into a side road. One got out and stood at back of passenger side and other came to my window. He asked If I knew why he pulled me over. I said yes because I was driving a big white passenger van with tinted windows down by the border. He laughed and said that was pretty much the reason. Normally it would get me a little but after we talked for a little bit all was fine never asked to look in van ,but he could see in pretty good from door.  Spent more time talking about solar than anything else. The two were so nice it was hard to be upset.

 

[QinReno]

I was watching this video and got to wondering how you guys might handle the following situation, as occurred starting at 9:10 in the video. You will notice that the "popo" had his hand on his weapon while waiting for Mike to come out of his rig. Not much leeway there.

 

[DannyB1954]

Do you know why I pulled you over?
Officer I was really hoping that you would know.

 

[QinReno]

Do you know why I pulled you over?
Officer I was really hoping that you would know.

Yeah, that was a nature of previous posts on this thread. But I brought up the video on Mike as it was a very much different situation. 

There Mike is sleeping in his truck and the popo starts rapping on the window and has his hand on his weapon. Not much chance for Mike to explain he has a right to carry or claim invasion of privacy. Very likely to get his head blown off if he makes any wrong move. You will also note that Carolyn herself used to be a cop, and carries a weapon in her van, but was visibly upset with the whole episode. Not an easy situation to joke on. Carolyn sees that Mike can easily get killed if ....