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*Many* of them aren't, and the numbers who are are growing less and less. Things have changed greatly in the last 50 years or so. They have created an attitude of 'us against them'. Cops are not your friends. Many times they will accuse you of something, like not wearing a seatbelt, even if they don't know for sure if you were or not, in an attempt to get you to admit fault. If you admit fault they can write you a ticket.
It is becoming more and more common for a cop making a 'traffic stop' to ask the driver "Do you know why I stopped you?" This is a blatant ploy to [attempt to] cause you to waive your right to silence and admit some fault for which they can write a ticket, which, in my opinion, is a violation of 18 USC 241/243 (among others).
Do not engage/respond when a cop asks you a question like that. Likewise, do not be fooled by seemingly innocent questions like "Where are you coming from?" Or worse, "Have you been drinking?" These are attempts to get you to tell them something that they can ask more questions about, in an attempt to find something to 'get you' on. Yes, they *are* out to get you.
Any cop who is engaging you in this manner has already informed you that he/she is your enemy and you need to be on guard because he/she is *looking* for a reason that can be used against you. You are not required to play his 'guessing game', nor are you required to inform him of the details of your travel- where you have been or where you are going to. If you want to be polite, your response could be "Please inform me of the reason why you have detained me." This informs the cop that you are not going to play his game and that he *should* state his reason for stopping you. Some of them will attempt to continue to goad you into a response. Do not fall for this. Repeat your request to be informed of the reason for your detention, and if you wish, follow that request with the phrase "I do not wish to waive any of my Constitutional rights." If the cop wants to be stubborn and continues to goad you, your response is to say "If you cannot provide me with a reason for detaining me, I am going to continue about my business and be on my way. [Am I free to go?]"
If you have the stones for it, you do not have to be so polite, but this may result in increased hostility from the cop. *You* have to decide if that is a battle you want to engage in.
This advice is not coming from some 'right-wing' 'nutcase'. I used to carry a badge and a gun, as did my father, and my wife, and many of my friends. Things are not the same as they used to be. Do not knuckle under to attempts to abuse your rights, hold them to the duty that they are *supposed* to uphold.
This advice is not coming from some 'right-wing' 'nutcase'. I used to carry a badge and a gun, as did my father, and my wife, and many of my friends. Things are not the same as they used to be. Do not knuckle under to attempts to abuse your rights, hold them to the duty that they are *supposed* to uphold.
Quite the contrary. I give this advice and I am an extreme left-wing lawyer.
If you have the stones for it, you do not have to be so polite, but this may result in increased hostility from the cop. *You* have to decide if that is a battle you want to engage in.
I am a faithful, law abiding citizen. I never used to be uncomfortable or fearful of police. I am nearly 60 years old. I have never committed a crime. These days, I am afraid of the police. Our "rights" are really just words on a piece of paper. If you're stopped on a lonely road by some cops, you can talk about your rights all you like, but if you run across the wrong cops... your "rights" won't help you. I have seen far too many videos of citizens being subject to arrest if they talk back, and then being subject to assault, in some cases to grievous permanent harm, just savage and unrelenting physical assault, if they don't comply fast enough with the arrest, and once under attack, if they try to flee or fight back, they may then be shot to death. This can all result from something like a minor traffic violation. In the past, I always thought that I "have rights" and I was confident that even if the cops did something to me in such an encounter, they'd at least be held accountable in our courts. However, these days, it seems that no matter what they do to people, it's exceedingly rare that they face charges, and almost unheard of, that there is a successful criminal prosecution with jail time. I have lost the faith in our system to back up its citizens against abuse of power by our police. I realize that on paper they can't do these things. But it's clear that sometimes they do. And if the police force backs them up, and the DA won't prosecute them, then what rights do we really have?
Last edited by OutdoorLover; 05-12-2019 at 06:55 PM..
Happened to me. Speeding ticket (45 in a 35) and slapped the seatbelt ticket on because I loosened it a bit when I stopped and he claimed I was putting it on.
Fought it in court and won...but still pissed I had to waste my time for something I didn't do (the seatbelt part of the ticket)
*Many* of them aren't, and the numbers who are are growing less and less. Things have changed greatly in the last 50 years or so. They have created an attitude of 'us against them'. Cops are not your friends. Many times they will accuse you of something, like not wearing a seatbelt, even if they don't know for sure if you were or not, in an attempt to get you to admit fault. If you admit fault they can write you a ticket.
It is becoming more and more common for a cop making a 'traffic stop' to ask the driver "Do you know why I stopped you?" This is a blatant ploy to [attempt to] cause you to waive your right to silence and admit some fault for which they can write a ticket, which, in my opinion, is a violation of 18 USC 241/243 (among others).
Do not engage/respond when a cop asks you a question like that. Likewise, do not be fooled by seemingly innocent questions like "Where are you coming from?" Or worse, "Have you been drinking?" These are attempts to get you to tell them something that they can ask more questions about, in an attempt to find something to 'get you' on. Yes, they *are* out to get you.
Any cop who is engaging you in this manner has already informed you that he/she is your enemy and you need to be on guard because he/she is *looking* for a reason that can be used against you. You are not required to play his 'guessing game', nor are you required to inform him of the details of your travel- where you have been or where you are going to. If you want to be polite, your response could be "Please inform me of the reason why you have detained me." This informs the cop that you are not going to play his game and that he *should* state his reason for stopping you. Some of them will attempt to continue to goad you into a response. Do not fall for this. Repeat your request to be informed of the reason for your detention, and if you wish, follow that request with the phrase "I do not wish to waive any of my Constitutional rights." If the cop wants to be stubborn and continues to goad you, your response is to say "If you cannot provide me with a reason for detaining me, I am going to continue about my business and be on my way. [Am I free to go?]"
If you have the stones for it, you do not have to be so polite, but this may result in increased hostility from the cop. *You* have to decide if that is a battle you want to engage in.
This advice is not coming from some 'right-wing' 'nutcase'. I used to carry a badge and a gun, as did my father, and my wife, and many of my friends. Things are not the same as they used to be. Do not knuckle under to attempts to abuse your rights, hold them to the duty that they are *supposed* to uphold.
Thank you for this, I could not have put it more concisely.
Ill add this, one doesnt have to be so polite, but you already know that if this goes to court, the prosecutor will look for any reason to find you at fault with antagonizing to warrant the cops reaction. So if you stay neutral (without giving up dignity of course) You can let the cop make all the mistakes, which will make him look worse when it comes complaint/trial time. And I take my complaints all the way to city council. Weve all seen the videos of the guy being polite and the cop losing his cool.
"Am I free to go" is the phrase I stick to if Im in a situation where I get nervous, if I stick to that, they cant say I gave them anything to go on.
In an age where cops now are not properly supervised and given leeway escalate as they see fit, they are guilty to me until proven innocent.
Happened to me. Speeding ticket (45 in a 35) and slapped the seatbelt ticket on because I loosened it a bit when I stopped and he claimed I was putting it on.
Fought it in court and won...but still pissed I had to waste my time for something I didn't do (the seatbelt part of the ticket)
This is the accountability part that isnt addressed for these little things. If you win in court, something should come out of the cops pay since he didnt know what he was doing and wasted your time.
I was once stopped for not wearing seat belts. It was in an old Datsun pickup and we were wearing lap belts. The officer noted we were complying with the law and sent us on our way. This was in Canada and none of us were visible minorities. From some of the videos I have seen some minorities escalade the situations while others do everything right and still end up arrested or dead.explain yourself politely and leave the arguing to when you are in the court. My brother got himself out 9f an aircraft patrolled speeding ticket by presenting a case against it. If he had lost he would of last his licence on points. He used to have a very heavy foot.
This is the accountability part that isnt addressed for these little things. If you win in court, something should come out of the cops pay since he didnt know what he was doing and wasted your time.
Here, the officer who gave you the ticket doesn't show to the hearing, but instead they send a representative who wasn't even there who simply reads the report that was written. He's there covering all the cases for his area there that day, so it's no waste of time for an officer to write a ticket and then let it go to court and have a rep there for him instead.
Couldn't even question the representative on what they say because all they can do is read the report. Fortunately the magistrate sided with me and dropped the seat belt portion.
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