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Subject:
Police Procedure
Category: Miscellaneous Asked by: ansmepls-ga List Price: $2.00 |
Posted:
04 Dec 2004 20:00 PST
Expires: 03 Jan 2005 20:00 PST Question ID: 438226 |
I was pulled over for speeding. While the officer was still in his car I got out of mine with my driving licence in hand. He yelled at me "get back in the car" I am interested to know the theory behind this instruction. Surely with me out of the vehicle he can see I dont have a gun and that I will not speed off in my car. What gives? |
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Subject:
Re: Police Procedure
Answered By: juggler-ga on 04 Dec 2004 20:22 PST Rated: |
Hello. Here's a good explanation from the Walpole Police Department: "Stay Seated- First, and most importantly, put your vehicle in park and stay seated. -Why?- Putting your vehicle in park is simply a safety precaution, it also lets the officer know that you are not planning on going anywhere. The most crucial thing to remember throughout the entire stop is that the officer does not know who you are, or what is in your vehicle. You may know that you are a law abiding citizen with every intention of cooperating fully, but the officer does not have the luxury of this information. The rear of a car looks the same, regardless if there is a sweet grandma driving with a trunk full of groceries, or a dangerous criminal driving with a trunk full of contraband. Officers ask that you stay in your vehicle so that you are not struck by a passing car. On the same token, they do not know if you are getting out to run, or fight, or tell us you are in a hurry. Either way, it is crucial that you stay in your vehicle during the entire stop, for your safety and that of the officer." http://www.walpolepd.com/traffic_safety.htm From Findlaw.com: "Stay in your car. While a stopping police officer has the right to ask you to step out of your car, do not do so unless and until you are asked to. If you jump out of your car as the police officer is approaching or is standing next to your car, you will likely give him reason to suspect that you are trying to flee or attack." http://public.findlaw.com/traffic_violations/life_events/le4_4tips.html -------- search strategy: "stay in your" "pulled over" I hope this helps. From SmartMotorist.com: "Do I stay in or get out of my car? Most officers prefer (or they should prefer) that you stay in your car when you are stopped. If they want you to get out, they will ask you to. From an officer's standpoint, many criminals will exit their car to try to prevent the officer from seeing what they have in there with them. Staying in the car also allows the officer to focus his/her attention on the passenger compartment alone and not it plus you if you get out. If you do get out and the officers tells you to get back in, do not be offended...he/she is just trying to their job safely." http://www.smartmotorist.com/law/law.htm From Nolo.com: "Many police officers prefer that you stay in your car, and will tell you to stay there if you start to get out. If this happens, obviously you should cooperate. If you get out of the car against the officer's orders, don't be surprised to see a gun pointing at you. Cops are trained to expect the worst. When you get out of your car, they may assume you're about to pull a weapon or attempt to flee. So, don't panic, and make it apparent to the officer that you intend no harm." http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/DF83EA05-BCBE-4B8A-8A42F1815BF6BF81/catID/CF015A63-6B69-4EED-A34B6F4035C8BE0E |
ansmepls-ga
rated this answer:
Fast and good answer. Thanks. |
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Subject:
Re: Police Procedure
From: naysayer13-ga on 05 Dec 2004 02:29 PST |
Those are good answers, and the first one touchs on an important note which can be summed up with an all important word in the police vocabulary - liability. When a police officer stops a vehicle, he has exerted minimal 'force' to make that stop, and although not an arrest, it is a detainment, which is why 'probable cause' is need to make the stop. (4th Ammendment - search and seizure) Now consider, your driving down the road, and you stop for a turtle in the road. You get out of your car, and splat!! you get creamed by an inattentive motorist. That is your fault. To the contrary, you're driving down the road, and you hear a siren, and looking up you see Johnnie Law behind you. So you pull over and wondering what is taking the officer so long, decide to get out and SPLAT!! Well that could be construded to be the officers fault (Considering the officer had a reasonable amount of time to see you get out of the car and approach, and he failed to advise you to get back into the car) When the officer stopped you, or seized your ablitiy to continue down the road, it is believed that he is now responsible for you. In today's lawsuit happy world, everyone from the officer, to his Sgt., to his Chief, to the Council, to the Mayor would be sued, because the officer, who is trained, and should have known better didn't look out for you, the law-abidding citizens safety. So let's say, Mr. Not-so-law-abiding is legally pulled over, and being who he is, decides to run, whether it be by exiting the car, or stomping the gas, he has just committed a crime (normally a traffic infraction) of 'fleeing and eluding'. And in the course of running, Mr. Not-so-law-abiding is creamed, SPALT!! No foul...it was his choice to run and break the law, and the officer can not be held accountable. I hope I have made this interesting in that I have given a different point of view. Me personally, I'm more concerned about doing my job professionally, correctly, considering the safety of all those involved, then I am about someone fleeing or attempting to hide contraband from my view. |
Subject:
Re: Police Procedure
From: ansmepls-ga on 05 Dec 2004 18:42 PST |
Thanks again juggler-ga for your answer. Many thanks naysayeri3 for an officers observations and the down to earth illustration. I had'nt realised it was for my safety I was to remain in the car. |
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