Am I being detained?

[11bravo1p]

Many pieces of advice online state that, if stopped by law enforcement, you should only provide the following information below.

My question, which will hopefully fall on the ears of our brothers in arms that protect us on a day to day, is what would work the best for the average non felon normal joe driver:

1: a printed statement in the same presentation envelope as the DL and registration that states a person's name, address, DOB and a respectful note that I will follow all lawful commands but respectfully decline to consent to any search whatsoever and decline to answer any questions without the presence of my attorney (with a listing of the actual attorneys name address and phone number)

2. No note. just standard paperwork like a license and registration and insurance. But I make the statement that I won't consent to anything

3. just my DL and reg.

What are your thoughts? I am curious how it makes the officer feel, don't want to offend out of general respect.

I mean no disrespect by invoking my rights and I know that they(officers involved) are doing a a job that is hard, and I appreciate that. I want to meet in the middle and follow all orders and commands without giving up my rights.

what is best?

[uspcompact45]

if stopped by LE when driving, you must show DL, registration and proof of insurance.

In regards to consent, you can say no. However, there are many instances where consent is not needed.

Driving is a privilege.

Best advice is be respectful.

[11bravo1p]

Yes

[Uhhlexxxis]

Often times I find that most people say absolutely nothing.. I give my whole "may i see your license, reg, ins" along with the reason for the stop. They sign the citation and drive away.

Declining to answer anything or even speaking may have very well sealed your fate into signing a citation. Being nice and polite doesn't always get out of a citation, but it certainly helps. If you're one of those smart guys that cracks their window 1 or 2 inches while being on a traffic stop, then you're my favorite kind of person and you get special treatment.

Here's a great example of a guy being a jackass to the police. Sure you can practice his teachings, but I'd advise against it.

https://www.youtube.com/watch?v=gwYBshAScmE

[Ron-Solo]

Suspect: What am I being detained for?

Me: For a while.


You have every right to not consent to a search. Just be aware that there are many circumstances where consent is not necessary, especially when it comes to vehicle stops.

If I asked for license, registration, and proof of insurance, that is all I want from you at that time. I will have you remove it from your wallet before accepting it. One reason is that it reduces claims or the appearance of someone trying to slip me a bribe. On many occasions when stopping someone from the east coast, they would try to hand me a $20 with their license. I don't play that a BS.

If you come across as a tool, I would tend to think you have something to hide and my curiosity would peak. If I'm undecided regarding a warning/cite/arrest the drivers attitude was usually the deciding factor.

Your call.

[TRICKSTER]

Just act like a normal person and everything will be fine.

[echoThreeOneSix]

Just act like a normal person and everything will be fine.

that's what is hard though, what is normal... if you're from the hood acting normal isn't normal for beverly hills. it's all relative especially when you turn "normal" into something that the individual officer asses.

[TRICKSTER]

that's what is hard though, what is normal... if you're from the hood acting normal isn't normal for beverly hills. it's all relative especially when you turn "normal" into something that the individual officer asses.

But there are normal standards of behavior and courtesy when you live in a civilized society. The problem is that some people chose not to follow them or don't bother to learn them.

[P5Ret]

If someone had tried to hand me an envelope, there was no way in hell I would even touch it. A simple traffic infraction normally goes real smooth, it's the stops for DUI that always seem to bring out the street corner attorney in people. I don't have to answer your questions, or take your tests. Well true enough but that sure isn't going to stop me from doing my job, and no you don't have a right to an attorney being present prior or during a BAC test. Unless your attorney is on the bench next to you, in handcuffs also. Yep saw that happen once, time to find a new attorney.

[echoThreeOneSix]

first, I want to thank retired for giving me a chance to un**** myself.

second i want to apologize to LEO's in here. i didn't read the rules and of course i allowed personal experiences to get in the way of a sensible conversation. i have the utmost respect for what you guys do and don't mean to take away from that. i hope you guys can accept my apology and understand that i didn't mean to be a jerk.

[jdben92883]

What right are you worried about giving up?

I have yet to see any You Tube video where average Joe is being truly average and then gets dumped on by a LEO. Please link one for me if you have it. Sure there are plenty of vids of police officers POSSIBLY overstepping boundaries (I say possibly, because we rarely get the full story), but there is generally always a SAE (smart-azz-element).

If you're acting normal, being respectful, and not pulling a bunch of "I know my rights BS", my guess your chance of being searched is about zero.

I've probably been pulled-over 10-12 times in my 25 years of driving. I average a ticket every 2-3 years. A few times I've received a warning. Some cops have been cool, some not so much. Always I was respectful. Always I've had my hands in plain sight on the steering wheel. Always the window the officer would approach was fully rolled down. Always the engine was off. Never was my vehicle searched and never did I fear I was about to be pulled from the cab and beaten senselessly. Being compliant isn't being a patsy and I don't believe it fosters an erosion of my civil liberties.

Many pieces of advice online state that, if stopped by law enforcement, you should only provide the following information below.

My question, which will hopefully fall on the ears of our brothers in arms that protect us on a day to day, is what would work the best for the average non felon normal joe driver:

1: a printed statement in the same presentation envelope as the DL and registration that states a person's name, address, DOB and a respectful note that I will follow all lawful commands but respectfully decline to consent to any search whatsoever and decline to answer any questions without the presence of my attorney (with a listing of the actual attorneys name address and phone number)

2. No note. just standard paperwork like a license and registration and insurance. But I make the statement that I won't consent to anything

3. just my DL and reg.

What are your thoughts? I am curious how it makes the officer feel, don't want to offend out of general respect.

I mean no disrespect by invoking my rights and I know that they(officers involved) are doing a a job that is hard, and I appreciate that. I want to meet in the middle and follow all orders and commands without giving up my rights.

what is best?

[SVT-40]

What right are you worried about giving up?

I have yet to see any You Tube video where average Joe is being truly average and then gets dumped on by a LEO. Please link one for me if you have it. Sure there are plenty of vids of police officers POSSIBLY overstepping boundaries (I say possibly, because we rarely get the full story), but there is generally always a SAE (smart-azz-element).

If you're acting normal, being respectful, and not pulling a bunch of "I know my rights BS", my guess your chance of being searched is about zero.

I've probably been pulled-over 10-12 times in my 25 years of driving. I average a ticket every 2-3 years. A few times I've received a warning. Some cops have been cool, some not so much. Always I was respectful. Always I've had my hands in plain sight on the steering wheel. Always the window the officer would approach was fully rolled down. Always the engine was off. Never was my vehicle searched and never did I fear I was about to be pulled from the cab and beaten senselessly. Being compliant isn't being a patsy and I don't believe it fosters an erosion of my civil liberties.

100% And thank you!!!


It's about mutual respect...

Act like a gentleman, and get treated as such..

Act like a Ahole..... Well...Sign here....

Besides 99% of the time you should know why the officer is stopping you...So it should really not be a shock, that you are being stopped...

I gave more verbal warnings to folks who started out our conversations with...."Good morning officer.... I'm really sorry I.... (insert violation)....Here is my license, registration and insurance....

When a driver admits his error...a verbal is more appropriate generally than scratching a cite....


To the OP....

Anytime you have been stopped by a officer using the red light on his patrol car you have been detained... There is no need to ask.....

[11bravo1p]

Thank you gentlemen. I appreciate the feedback and the insight. I'm not one of those crack the window guys or street corner attorneys. Just looking for a little info on how the other side thinks. My presumption from the beginning was to always use common sense and mutual respect during a traffic stop. I did want to know what it was like for you when you encounter people on a daily basis.
My personal philosophy is to be respectful and say as little as possible and to part ways expeditiously. I appreciate the candor.
RLTW

[Hoologan]

Just act like a normal person and everything will be fine.

Try as I might, this has never worked for me.

[Bobby Ricigliano]

Try as I might, this has never worked for me.

Me neither