Where have you been and where are you going?

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?
 

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.

COPS is a production of the Fox network, not TRU TV.

Oh my God I am so disturbed! How dare they ask where I am driving! Shame on me for replying "home" when asked during my last traffic stop!!!!!

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?

What would happen? Go to a store and refuse to say anything to the cashier who tries to talk to you. You will get weird looks and confuse the person.
Is the person obligated to say anything? You tell me. If you have watched enough COPS episodes you should have your Miranda rights memorized. "You have the right to remain silent".

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.

I respect cops. They have risky jobs. I will tell a cop anything he wants to know because I have nothing to hide, unless I dont feel like telling him something.
 
First, keep in mind that COPS is like an outdoor fishing show....you don't see the hundreds of hours of footage where the angler didn't get a bite. No one tunes in to COPS to see routine traffic stops. We watch it to see falling down drunks, shirtless wife beaters, idiots who always take to the weeds, out-of-shape cops trying to run with holstered Glock, magazines, two pairs of handcuffs, knife, handi-talkie, Tazer, and pepper spray all hanging off of their Sam Browne belt, and the all-important people who can't speak English.

The cop is trying to chit-chat with the person to see if they are impaired. You can't always tell, so they try to get them talking to see how slurred their words are, etc. They do it in the little 1200-person burg I live in, I'm sure that they do it everywhere.

I'm sure that if a LEO asked me that stuff, I'd probably play his game to let him know I'm not impaired, and to get him out of my face. Maybe that makes me a wuss or whatever, but I'm just not into confrontation.
 
Treo's first law of police interactions:
If you talk long enough you WILL say some thing they can use against you.

Treo’s second law of police interactions:
As soon as you do they will.

You can’t be arrested for invoking Miranda; you can’t be arrested for refusing consent to a search.
If they ask about where you’re coming from just ignore the question don’t say a word if they ask again answer “From conducting my lawful private business, Am I free to go” and don’t say another word.
 
You have the right to remain silent and that being said , if you want to get into a pissing contest with a LEO remember the deck is stacked in his favor and you will most definitely be peeing against the wind and the droplets will be on your shoes .
 
I like watching COPS and The First 48. Watching those idiots talk themselves into jail and or prison just cracks me up.
 
A person cant be arrested for saying "I am going to remain silent or I do NOT consent to a search". This IS the approach I use. It is NOT a matter of having a chip on my shoulder. Im not being disrespectfull. The cop IS A STRANGER and I value my privacy so it is none of the cops business where I have been or where I am going. Remember if you talk with a cop EVERYTHING YOU SAY AT ANYTIME CAN BE USED AGAINST YOU. The more you talk to a cop the better the chance that you will admit to something inadvertantly. For instance you have a knife that is illegal but you dont know it is illegal and if you tell a cop its OK to search, the knife is found, you now have a room at the Sherrifs bed and breakfast.
 
During a traffic stop the cop asked me do you know why i stopped you. My reply was no then he replied by telling me why he stopped me. my response was nothing, so he wrote the summons.In court i presented my case when the cop did the judge asked the officer what did the driver have to say to you he told the judge he said nothing. I won that ticket!! never say anything, say it all to the judge no need to say it to the cop only thing he will do is tell the judge.
 
Of course since I have only been stopped maybe five times in my 39 years of driving it could be an unfair question lol.
 
COPS is a production of the Fox network, not TRU TV.

Oh my God I am so disturbed! How dare they ask where I am driving! Shame on me for replying "home" when asked during my last traffic stop!!!!!



What would happen? Go to a store and refuse to say anything to the cashier who tries to talk to you. You will get weird looks and confuse the person.
Is the person obligated to say anything? You tell me. If you have watched enough COPS episodes you should have your Miranda rights memorized. "You have the right to remain silent".



I respect cops. They have risky jobs. I will tell a cop anything he wants to know because I have nothing to hide, unless I dont feel like telling him something.


lol, you brought the teacher an apple everyday, right?
 
During a traffic stop the cop asked me do you know why i stopped you. My reply was no then he replied by telling me why he stopped me. my response was nothing, so he wrote the summons.In court i presented my case when the cop did the judge asked the officer what did the driver have to say to you he told the judge he said nothing. I won that ticket!! never say anything, say it all to the judge no need to say it to the cop only thing he will do is tell the judge.

Excellent! You obiously appreciate the importance of actually practicing your Constitutional rights.
 
Of course since I have only been stopped maybe five times in my 39 years of driving it could be an unfair question lol.

You and Nugent make the case perfectly. Unless we hold the police to those pesky constitutional details then we earned a police state. Such a state creeps in and the reason why authority groupies don't see it coming - they're inclined to relax unless the monster makes itself visible - but then it's too late; may be the case now. It has nothing to do with with getting into a pissing contest with an LEO or disrespect - it has to do with affirmation that the citizen is not the servant.
 
COPS is a production of the Fox network, not TRU TV.

Oh my God I am so disturbed! How dare they ask where I am driving! Shame on me for replying "home" when asked during my last traffic stop!!!!!



What would happen? Go to a store and refuse to say anything to the cashier who tries to talk to you. You will get weird looks and confuse the person.
Is the person obligated to say anything? You tell me. If you have watched enough COPS episodes you should have your Miranda rights memorized. "You have the right to remain silent".



I respect cops. They have risky jobs. I will tell a cop anything he wants to know because I have nothing to hide, unless I dont feel like telling him something.

I have to say that your store cashier analogy is not one.
 
A person cant be arrested for saying "I am going to remain silent or I do NOT consent to a search". This IS the approach I use. It is NOT a matter of having a chip on my shoulder. Im not being disrespectfull. The cop IS A STRANGER and I value my privacy so it is none of the cops business where I have been or where I am going. Remember if you talk with a cop EVERYTHING YOU SAY AT ANYTIME CAN BE USED AGAINST YOU. The more you talk to a cop the better the chance that you will admit to something inadvertantly. For instance you have a knife that is illegal but you dont know it is illegal and if you tell a cop its OK to search, the knife is found, you now have a room at the Sherrifs bed and breakfast.

I copy every point you make, excellent, thanks.
 
Here's a couple of instances. In 2008, I was stopped in Kansas at 1:30 AM by a state trooper. He asked if I knew why he stopped me to which I answered no. He said "You approached the yellow line a couple of times". He asked for my license which hadn't been out of my wallet for so long it was stuck. He chuckled "You don't get checked often do you?" No alcohol, no drugs, just a little sleepy but not impaired. I explained that I was hugging the centerline since there were deer crossing signs in every draw, it's October, corn is growing right up to the ditch, and I'm a long way from home to be hitting bambi. He "suggested" that I take a rest stop at the next roadside park. I did and about an hour later, he drives through and stops where I'm parked. I didn't have to explain the pistol in the console or the just bought with minimal documentation ATV in the back because that wasn't mentioned. A little chit-chat got me out of a long explanation.
The second was much more of an inquisition. Middle of the winter, crack of dawn my Son(across the line in Iowa) calls telling me his pump house is frozen. I'm on my way and pulled in to a gas station followed by a city cop who pulls up to the pump behind me. I'm pumping gas and he approaches asking for my license. WTH?? Again, it's stuck but I finally get it out and he asks if I know why he "stopped me". No lights, no notice-he followed me into a gas station. He says I was speeding. Then we go through the insurance and registration. When he runs my license and it comes back with a CCW permit, he's instantly on the prod. Do I have any guns on me, in the vehicle, where am I going??? NO NO and I'm headed for xxxxx Iowa . So now I'm in a hurry and distracted and speeding on Sunday morning. Finally, I ask him if he got the licenses of the 3 vehicles in front of me who were going the same speed. That caught him offguard. I stated the plate # of the red Dodge pickup I was following and indicated that if I got a ticket, I'd better see that person in traffic court also. I was the only out of state plate in the group of 4 and he was going make day wages right up to that point. I walked away with a "verbal warning" and he went back to the used car lot where he was hiding to wait for another out of state driver who wasn't paying attention.
 
You have the right to remain silent and that being said , if you want to get into a pissing contest with a LEO remember the deck is stacked in his favor and you will most definitely be peeing against the wind and the droplets will be on your shoes .

You can't remain silent and be in a pissing contest at the same time
 
Here's a couple of instances. In 2008, I was stopped in Kansas at 1:30 AM by a state trooper. He asked if I knew why he stopped me to which I answered no. He said "You approached the yellow line a couple of times". He asked for my license which hadn't been out of my wallet for so long it was stuck. He chuckled "You don't get checked often do you?" No alcohol, no drugs, just a little sleepy but not impaired. I explained that I was hugging the centerline since there were deer crossing signs in every draw, it's October, corn is growing right up to the ditch, and I'm a long way from home to be hitting bambi. He "suggested" that I take a rest stop at the next roadside park. I did and about an hour later, he drives through and stops where I'm parked. I didn't have to explain the pistol in the console or the just bought with minimal documentation ATV in the back because that wasn't mentioned. A little chit-chat got me out of a long explanation.
The second was much more of an inquisition. Middle of the winter, crack of dawn my Son(across the line in Iowa) calls telling me his pump house is frozen. I'm on my way and pulled in to a gas station followed by a city cop who pulls up to the pump behind me. I'm pumping gas and he approaches asking for my license. WTH?? Again, it's stuck but I finally get it out and he asks if I know why he "stopped me". No lights, no notice-he followed me into a gas station. He says I was speeding. Then we go through the insurance and registration. When he runs my license and it comes back with a CCW permit, he's instantly on the prod. Do I have any guns on me, in the vehicle, where am I going??? NO NO and I'm headed for xxxxx Iowa . So now I'm in a hurry and distracted and speeding on Sunday morning. Finally, I ask him if he got the licenses of the 3 vehicles in front of me who were going the same speed. That caught him offguard. I stated the plate # of the red Dodge pickup I was following and indicated that if I got a ticket, I'd better see that person in traffic court also. I was the only out of state plate in the group of 4 and he was going make day wages right up to that point. I walked away with a "verbal warning" and he went back to the used car lot where he was hiding to wait for another out of state driver who wasn't paying attention.

Copy that - thanks for the share - glad you kept your cash on that one.
 

Members online

No members online now.

Forum statistics

Threads
49,527
Messages
610,761
Members
74,965
Latest member
Roosince1911
Back
Top