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[smith629]

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[IrishJoe3]

There are a million threads on this. There is no definitive answer because there isn't one.

Its as dumb as asking what greeting do you give your starbucks barista. The answer is, well, it depends. There are too many unknown variables to be able to even begin to answer.

Frankly. I don't ask people if there are weapons in the vehicle unless I have a reason to ask. I probably ask that question in less than 1% of my stops. I can't even remember when I asked that last time. If I do ask it, like I said, there is a reason for asking it. Normally I’m asking because I’m not looking for what you answer with, rather I’m looking at how you respond to the question.

I don't play word games. I will be upfront, honest, and professional with you. And I don't play word games. "I decline to answer" "There is nothing illegal in my vehicle" "Am I free to go" are all within your right to say. They are also word games. I won’t play, and they are an attempt to waste my time.

I thrive on subtle cues. You give subtle cues constantly, and are unaware of what you’re telling me without saying a word. I’m watching them. I am also really good at detecting an attempted redirection of the conversion or my attention. People attempt to redirect my attention when there is something they don't want me to find. My job is to find things people don't want me to find. You could be attempting to redirect my attention because you listened to the Calguns keyboard lawyers, or because you have a dead hooker in the trunk. I don’t know. But I’m going to find out.

If you want to lie to me, go ahead. I don't care. Understand that if you lie to me I will get REALLY interested in finding out what you're lying about and why you're lying to me. See above.

So in essence, you can tell me everything from "F--ck off pig" to treating me like a human being. Its up to you. But understand this. YOU dictate the nature of the contact and where it goes. You sleep in the bed you make. So...your choice.

[IrishJoe3]

Oh yeah. In before the off topic mob

[db42]

Joe has some good advice there.

Police care how you're responding and how you're acting. I was pulled over last week because the officer thought I was checking my phone while I drove. I noted that I was sitting on my phone and couldn't have answered or checked it without significant maneuvering. He said that he was sure he saw me close a phone, and I asked if I could reach for my phone (asked because it would put my hand behind me and out of his view). He responded "Uh, yeah. Go ahead, you seem okay" - IE: Go ahead, you're polite and not acting guilty so I don't think you're reaching for a gun. I showed him that the phone doesn't "flip" and he handed me my license back and left.

A year or so ago, I got pulled over for having a tail light out and the officer asked if I had any guns in the car. Granted, I was in a higher crime neighborhood, so that was probably what prompted him. I answered, "Indeed I do, two in fact; they're in a locked box in the trunk". He replied "Great, have a good one." and didn't bother to write me a ticket.

Polite goes a long way when dealing with police. They already have to deal with enough crap from criminals, they shouldn't have to take the same stuff from the law abiding.

[IrishJoe3]

DB42 .....

You are a perfect example of dictating the nature of the stop and where it goes.

I don't understand why some people insist on creating drama in their lives.

[RickD427]

This is the "Never Ending Question." It seems to come up just about every week in a new thread.

IrishJoe has the best answer that I have seen to date.

Several folks like the "I don't have anything illegal in the car" reply. IMHO that's probably about the most unwise manner to respond. There is a considerable body of case law concerning "Adoptive Admissions." An officer has every right to ask if you have weapons in your vehicle. The First Amendment is a marvelous thing, and it applies to the officer as well. However, we have no right to compel a response. If a driver says "I don't want to answer that question", that's fine and it's their right. However, when a person replies to an officer's question in a manner that is evasive (like answering a different question than the one asked), the officer may properly use that evasion in making a probable cause determination. If the officer has sufficient probable cause to believe that illegal weapons, or illegally carried weapons, are in the vehicle, then they may lawfully conduct a warrantless search for those weapons.

The U.S. Supreme Court has agreed to hear an 'Adoptive Admissions" case that should better define the limits of the doctrine.

A wise driver would not want to anything that would help provide an officer with PC to search.

[IA300]

With all due respect...ugh.. Cop gets answer he doesn't like, probable cause. Nice..

It's not that basic, but yes. You're going to pique my interest if you answer suspiciously or act like you are hiding something. It will likely prompt another line of questioning, while I am observing your movements, etc. If the stars align, I will be able to articulate PC...Hate to put it that way, but this is our reality...As Dr. Charle Webb, PhD said, "We expect them to keep the bad guys out of our businesses, out of our cars, out of our houses, and out of our faces. We just don't want to see how it's done."

[Bobby Ricigliano]

Having conducted hundreds of traffic stops myself, I cannot add anything to the unfiltered and spot-on logic that Irish Joe has provided here.

[Falconis]

It's funny. Before I ever became a cop, I must have been stopped ... well a lot. I was never asked the gun question. The closest I was asked was where are you coming from. My response was the range. I was informed my tail light was out and sent on my way. I honestly wonder how a lot of these traffic stops go line for line.

[smith629]

Thanks for the response IrishJoe & Rick.

So basically what I'm understanding is its completely up to me how I answer. I'll just use my best judgment. Thanks.

[Ron-Solo]

IrishJoe, RickD427, and Bobby summed it up pretty well in my opinion. I operated the same way. If I catch you lying, I want to know why, just my natural curiosity. If you lie to me, I'm less inclined to cut you a break on a discretionary call.

Not sure why your post was deleted, but the LE forum is run very tightly because of past problems.

[PsychGuy274]

I was stopped at a Border Patrol checkpoint and they asked where I was coming from. I told them that my friend and I were shooting down at Jacumba. He said, "Shooting? Do you have any guns in the vehicle?" I light-heartedly said, "No, we were just pointing our fingers and saying, 'BANG!'" He laughed, told us to have a good one, and let us go.

Another time I was pulled over for speeding and the officer asked for all my info. I told him it was in my glove compartment, but I preferred that he get it instead of me because I had a pistol in there (Colorado) and I didn't want him to think I was reaching for it. He just got the info, didn't say anything about the pistol and let me go.

[RedVines]

The U.S. Supreme Court has agreed to hear an 'Adoptive Admissions" case that should better define the limits of the doctrine.

Would you happen to know the name of said case?

[hermosabeach]

The ACLU has videos that are posted on u tube about your rights and different ways to act during a traffic stop

[RickD427]

Would you happen to know the name of said case?

RedVines,

The case is Salinas v Texas. Supreme Court argument was held on April 17th. The decision is still pending.

The Salinas case is kinda narrow. There is a much better treatment of the "Adoptive Admission" doctrine in People v. Riel (22 Cal. 4th 1153). That decision provides a lengthy discussion of "Adoptive Admissions."