Some high-profile, controversial cases have brought the issue of police traffic stops to light recently. Here are some tips on what to do if you get pulled over in Canada or the U.S.
Police can pull you over for no reason. "They can stop you and you don't have to have done anything wrong," says Toronto criminal defence lawyer Ryan Handlarski.
Unless they changed the law, I'm not sure this is correct.
lets be clear, police are in a position of authority CAN they stop you whenever they want??? YES, that doesn't mean it's LEGAL. But I would never recommend a confrontation with LEO. You can always file a complaint later, anything 'found' or as a result in you being charged if it was found; they would have no reasonable grounds to impede your day to day activities would be thrown out in court.
So for the letter of the law perspective, NO they can't stop you whenever, but that doesn't mean they won't or don't try to. You can state your opinion, you can say that you fail to see why they stopped you etc etc but it serves only them for you to have a very bad day if you put up a fight.
Dayseed and I got into it a few years ago over a case where 2 guys were hauling A LOT of coke.
Cop in Ontario saw them driving down the road, saw no plate in front, swung around and pulled them over. When he admitted in court that he saw an Alberta plate on the back of the SUV, but pulled them over anyway. Then a few questions, looked in the windows found the coke.
The boys walked because the judge said that when the cop saw the Alberta plate, his REASON for pulling them over stopped, because everyone knows Alberta only issues one plate.
And as far as I know, the cops HAVE to have a reason to pull you over, unless it's a check for drunk drivers, where they stop everyone.
When even defence lawyers are saying the police have the authority to do certain things then people should shut up and listen. Judicial precedent isn't going to get tossed out because of the pseudo-rebellious ravings of some sovereign citizen anarchist clowns. The rights you have don't include the right to arbitrarily decide which laws you will and won't follow.
The part about passengers in the U.S. being forced to provide information is false. There is no law in any of the 50 States that require a passenger in a motor vehicle to provide I.D. You have to be suspected of committing a crime before you can be required to I.D. yourself, and even then that is only in States that have a "stop and I.D." lhttps://en.wikipedia.org/wiki/Stop_and ... statutesaw.
"martin14" said Dayseed and I got into it a few years ago over a case where 2 guys were hauling A LOT of coke.
Cop in Ontario saw them driving down the road, saw no plate in front, swung around and pulled them over. When he admitted in court that he saw an Alberta plate on the back of the SUV, but pulled them over anyway. Then a few questions, looked in the windows found the coke.
The boys walked because the judge said that when the cop saw the Alberta plate, his REASON for pulling them over stopped, because everyone knows Alberta only issues one plate.
And as far as I know, the cops HAVE to have a reason to pull you over, unless it's a check for drunk drivers, where they stop everyone.
bingo! we have a winner, thats why it's called 'reasonable grounds' in the US probable cause....
"uwish" said lets be clear, police are in a position of authority CAN they stop you whenever they want??? YES, that doesn't mean it's LEGAL. But I would never recommend a confrontation with LEO. You can always file a complaint later, anything 'found' or as a result in you being charged if it was found; they would have no reasonable grounds to impede your day to day activities would be thrown out in court.
So for the letter of the law perspective, NO they can't stop you whenever, but that doesn't mean they won't or don't try to. You can state your opinion, you can say that you fail to see why they stopped you etc etc but it serves only them for you to have a very bad day if you put up a fight.
Oh yes, the Courts, the evil progtard Courts. And now we hear they may protect us from government excess! Who'd a thunk it
"rickc" said The part about passengers in the U.S. being forced to provide information is false. There is no law in any of the 50 States that require a passenger in a motor vehicle to provide I.D. You have to be suspected of committing a crime before you can be required to I.D. yourself, and even then that is only in States that have a "stop and I.D." lhttps://en.wikipedia.org/wiki/Stop_and ... statutesaw.
And if you get pulled over and the cop asks the passenger for ID and the passenger refuses then the passenger can expect to have the shit kicked out of them and then be charged with assault on an officer for hitting the cops' fist with their face and then they'll get charged with the usual contempt of cop charges like or resisting arrest.
In all too many jurisdictions you exercise your rights at your own peril.
Like the defense lawyers kept saying, comply during the stop then fight it out in the court. I'll cut a break to anyone having a bad day who mouths off at the cops, or someone who simply made a distracted mistake at the wrong moment. These other ones though, with their duh-duh internet-inspired beliefs in all-rights-no-responsibilities who think that they can asshole it up in traffic anytime they want and that the cops are fascists for stopping them? Fuck them. They aren't rebels protecting their rights. They're just a bunch of poorly raised and badly socialized selfish brats.
"BartSimpson" said The part about passengers in the U.S. being forced to provide information is false. There is no law in any of the 50 States that require a passenger in a motor vehicle to provide I.D. You have to be suspected of committing a crime before you can be required to I.D. yourself, and even then that is only in States that have a "stop and I.D." lhttps://en.wikipedia.org/wiki/Stop_and ... statutesaw.
And if you get pulled over and the cop asks the passenger for ID and the passenger refuses then the passenger can expect to have the shit kicked out of them and then be charged with assault on an officer for hitting the cops' fist with their face and then they'll get charged with the usual contempt of cop charges like or resisting arrest.
In all too many jurisdictions you exercise your rights at your own peril. That's very true. That's why all occupants of the vehicle should start taping the second the blue lights start to roll. Have a bambuser account set up just in case something should happen to your phone,(something like a cop destroying the phone, or deleting the contents). Tell the cop that he is being video and audio recorded at first contact, and let them know the video is being fed live to the web. The driver should hand his info through a crack in the window. All doors locked. When they tell you to roll the window down all the way because they can not hear you, tell them they don't need to hear you as you are going to remain silent. Same for everyone in the vehicle. Answer no questions. State out loud for the record that you are going to remain silent. Consent to no searches. If they order you out of the vehicle, get out and lock the door behind you. Never let them in the vehicle. Never stop recording. Are they going to be pissed? Sure they are. They will realize they are dealing with people who know their rights, and are not going down easy. Do they want to continue the encounter that could lead to a lawsuit and bad press, or do they want to look for easier pickings to make their quotas?
You would have some firsthand knowledge of this with your time as a reserve policeman. The reserves usually are not used for traffic detail in most districts, and traffic detail is where most revenue is generated. Traffic stops lead to fishing expeditions , which lead to fines and forfeitures. I don't know where you served as a reserve officer, but you did interact with officers on a regular basis. You know their mindset. How far would a cop want to push it in this day and age with all the video showing them misbehaving (my question mark key just died) Cops are being forced to resign, being fired, being criminally charged.
"Thanos" said When even defense lawyers are saying the police have the authority to do certain things then people should shut up and listen. Judicial precedent isn't going to get tossed out because of the pseudo-rebellious ravings of some sovereign citizen anarchist clowns. The rights you have don't include the right to arbitrarily decide which laws you will and won't follow.
So what about Sandra Bland, she does not strike me as a sovereign citizen. Sovereigns don't bother getting drivers licenses, auto registrations, or insurance. Sandra Bland had all of those. Where does this cop get off telling her to put out her cigarette, its her car. He has no legal authority to compel her to put out her cigarette. He did not order her to do it, he asked. A request that can be denied. If the cigarette is bothering the cop, he is free to leave. Give her the warning and go. The cop is the one prolonging the encounter. He is the one acting like a dick. He is the one violating the Supreme Courts decision about prolonging a traffic stop. http://photographyisnotacrime.com/2015/ ... ave-ended/
Unless they changed the law, I'm not sure this is correct.
So for the letter of the law perspective, NO they can't stop you whenever, but that doesn't mean they won't or don't try to. You can state your opinion, you can say that you fail to see why they stopped you etc etc but it serves only them for you to have a very bad day if you put up a fight.
Cop in Ontario saw them driving down the road, saw no plate in front, swung around
and pulled them over.
When he admitted in court that he saw an Alberta plate on the back of the SUV,
but pulled them over anyway. Then a few questions, looked in the windows found the coke.
The boys walked because the judge said that when the cop saw the Alberta plate,
his REASON for pulling them over stopped, because everyone knows Alberta only issues
one plate.
And as far as I know, the cops HAVE to have a reason to pull you over,
unless it's a check for drunk drivers, where they stop everyone.
They can stop you. They just can't charge you if you haven't broken the law.
Dayseed and I got into it a few years ago over a case where 2 guys were hauling A LOT of coke.
Cop in Ontario saw them driving down the road, saw no plate in front, swung around
and pulled them over.
When he admitted in court that he saw an Alberta plate on the back of the SUV,
but pulled them over anyway. Then a few questions, looked in the windows found the coke.
The boys walked because the judge said that when the cop saw the Alberta plate,
his REASON for pulling them over stopped, because everyone knows Alberta only issues
one plate.
And as far as I know, the cops HAVE to have a reason to pull you over,
unless it's a check for drunk drivers, where they stop everyone.
bingo! we have a winner, thats why it's called 'reasonable grounds' in the US probable cause....
lets be clear, police are in a position of authority CAN they stop you whenever they want??? YES, that doesn't mean it's LEGAL. But I would never recommend a confrontation with LEO. You can always file a complaint later, anything 'found' or as a result in you being charged if it was found; they would have no reasonable grounds to impede your day to day activities would be thrown out in court.
So for the letter of the law perspective, NO they can't stop you whenever, but that doesn't mean they won't or don't try to. You can state your opinion, you can say that you fail to see why they stopped you etc etc but it serves only them for you to have a very bad day if you put up a fight.
Oh yes, the Courts, the evil progtard Courts. And now we hear they may protect us from government excess! Who'd a thunk it
The part about passengers in the U.S. being forced to provide information is false. There is no law in any of the 50 States that require a passenger in a motor vehicle to provide I.D. You have to be suspected of committing a crime before you can be required to I.D. yourself, and even then that is only in States that have a "stop and I.D." lhttps://en.wikipedia.org/wiki/Stop_and ... statutesaw.
And if you get pulled over and the cop asks the passenger for ID and the passenger refuses then the passenger can expect to have the shit kicked out of them and then be charged with assault on an officer for hitting the cops' fist with their face and then they'll get charged with the usual contempt of cop charges like or resisting arrest.
In all too many jurisdictions you exercise your rights at your own peril.
This is how you're supposed to act when the police pull you over.
The part about passengers in the U.S. being forced to provide information is false. There is no law in any of the 50 States that require a passenger in a motor vehicle to provide I.D. You have to be suspected of committing a crime before you can be required to I.D. yourself, and even then that is only in States that have a "stop and I.D." lhttps://en.wikipedia.org/wiki/Stop_and ... statutesaw.
And if you get pulled over and the cop asks the passenger for ID and the passenger refuses then the passenger can expect to have the shit kicked out of them and then be charged with assault on an officer for hitting the cops' fist with their face and then they'll get charged with the usual contempt of cop charges like or resisting arrest.
In all too many jurisdictions you exercise your rights at your own peril.
That's very true. That's why all occupants of the vehicle should start taping the second the blue lights start to roll. Have a bambuser account set up just in case something should happen to your phone,(something like a cop destroying the phone, or deleting the contents). Tell the cop that he is being video and audio recorded at first contact, and let them know the video is being fed live to the web. The driver should hand his info through a crack in the window. All doors locked. When they tell you to roll the window down all the way because they can not hear you, tell them they don't need to hear you as you are going to remain silent. Same for everyone in the vehicle. Answer no questions. State out loud for the record that you are going to remain silent. Consent to no searches. If they order you out of the vehicle, get out and lock the door behind you. Never let them in the vehicle. Never stop recording. Are they going to be pissed? Sure they are. They will realize they are dealing with people who know their rights, and are not going down easy. Do they want to continue the encounter that could lead to a lawsuit and bad press, or do they want to look for easier pickings to make their quotas?
You would have some firsthand knowledge of this with your time as a reserve policeman. The reserves usually are not used for traffic detail in most districts, and traffic detail is where most revenue is generated. Traffic stops lead to fishing expeditions , which lead to fines and forfeitures. I don't know where you served as a reserve officer, but you did interact with officers on a regular basis. You know their mindset. How far would a cop want to push it in this day and age with all the video showing them misbehaving (my question mark key just died) Cops are being forced to resign, being fired, being criminally charged.
When even defense lawyers are saying the police have the authority to do certain things then people should shut up and listen. Judicial precedent isn't going to get tossed out because of the pseudo-rebellious ravings of some sovereign citizen anarchist clowns. The rights you have don't include the right to arbitrarily decide which laws you will and won't follow.
So what about Sandra Bland, she does not strike me as a sovereign citizen. Sovereigns don't bother getting drivers licenses, auto registrations, or insurance. Sandra Bland had all of those. Where does this cop get off telling her to put out her cigarette, its her car. He has no legal authority to compel her to put out her cigarette. He did not order her to do it, he asked. A request that can be denied. If the cigarette is bothering the cop, he is free to leave. Give her the warning and go. The cop is the one prolonging the encounter. He is the one acting like a dick. He is the one violating the Supreme Courts decision about prolonging a traffic stop. http://photographyisnotacrime.com/2015/ ... ave-ended/