Spanish Trail
Spanish Trail
You've seen the TRU TV show "COPS", right?
It's a good show giving the rest of us a glimpse into crime and police work on the streets of major cities. A disturbing thing exists in nearly all the episodes, however - cops questioning detained drivers as to where they've been and where they are going. I think we know why the cop wants to turn the stop into a chat session. What would happen if the detained person refused to answer questions but simply provided drivers license, registration, proof of insurance and inquired to how long the detainment should last provided that no crime exists and no probable cause to search person or vehicle exists [other than manufactured probable cause]? Is the detained person obligated by law to provide any information to an LEO other than truthful identity and driving papers?
Now please, no ramblings about how much you respect LEOs and their job risks and that out of respect you will tell the cop anything he wants to know because you have nothing to hide, etc., that should weed out a bunch. What's the law? How much discretion does an LEO legally have on a traffic stop considering the fact that a (assumed) citizen is being detained? Based upon the scenario that impaired driving, i.e., erratic driving is not observed, why should a detained driver give a cop more info than the pertinent business at hand?
It's a good show giving the rest of us a glimpse into crime and police work on the streets of major cities. A disturbing thing exists in nearly all the episodes, however - cops questioning detained drivers as to where they've been and where they are going. I think we know why the cop wants to turn the stop into a chat session. What would happen if the detained person refused to answer questions but simply provided drivers license, registration, proof of insurance and inquired to how long the detainment should last provided that no crime exists and no probable cause to search person or vehicle exists [other than manufactured probable cause]? Is the detained person obligated by law to provide any information to an LEO other than truthful identity and driving papers?
Now please, no ramblings about how much you respect LEOs and their job risks and that out of respect you will tell the cop anything he wants to know because you have nothing to hide, etc., that should weed out a bunch. What's the law? How much discretion does an LEO legally have on a traffic stop considering the fact that a (assumed) citizen is being detained? Based upon the scenario that impaired driving, i.e., erratic driving is not observed, why should a detained driver give a cop more info than the pertinent business at hand?