What are your rights when a cop pulls you over? can I get out of the car if I want? Can I cuss at police?

Question

Can a male cop search a female, like a pat down? Can I get out of my car to get air if the cop is taking too long? Do I have to turn my radio off? Do I have to take my sunglasses off? Can I tell the cop what I think of him? Also under what circumstances can I defend myself physically against a cop? How long can I drive before pulling over after a cop turns on his lights?

Answer 1

A male officer can not search a female, unless there is immediate threat to his life. Personally I am not sure why anyone would want to do that to an officer. They deserve our respecter. They are laying their life on the line for us. They have families at home who love them and have to worry each day and pray that everything will be OK. As a society we are taking more rights away from the.
Yes you can get out of your car if the cop says its OK, but if he says to stay in your car and you get out, he can arrest you.
Yes you have to turn down the radio. All these items you mention above can be considered obstruction which can lead to an arrest. It all depends upon the cop, but most will not allow this type of behavior.

Answer 2

Just be nice and respectful. The cop has a lot of leeway here, and you don't want to get slammed with a ticket or an hour long wait for the drug-sniffing dogs. Stay in your car, be polite, and don't be stupid. No, really. It's in your best interest. If you decide to fight the ticket later, the judge may very well check with the cop about your behavior. It happened to me, and I'm sure that if I had been a bee-yotch, I would have some points on my license right now. Turn down the radio, take the sunglasses off so s/he can see your eyes, have your license and registration ready, stay in your car, and don't make any remarks. Exude an aura of innocent helpfulness. Pull over as soon as you see the lights- you can get an extra fine if you don't, as I found out one day when I was seriously zoning out. If there are no safe areas, flash your hazards so the cops know that you know to stop.

I think a male cop can pat down a female, but that doesn't mean he can grope her. Don't, whatever you do, get physical with a cop. That will land you in jail. Attacking a cop is a seriously bad offense.

Cops are just people, too. Police officers I know admit that they are people who like to boss others around, though, so keep that in mind. Treat them as you would want to be treated in their place, because they can and will make your life difficult otherwise.

Answer 3

OK, lets take your questions one at a time. Yes, a male cop can search a female in a pat down search for his safety. It is not illegal at all. There are different pat down searches that male officers do on females than on males, and that holds true for female officers doing searches on male subjects. If the cop has advised you to stay in your car, you better do just that or you might find yourself sitting in the back of the cop car with nice shiny bracelets on. If the cop tells you to turn the radio off, just do it. You could be charged with obstruction if you don't comply with the lawful orders. You might have to take your sunglasses off, especially if the cop is conducting an investigation, and by the way, a traffic stop is an investigation. Sure, you can tell the cop what you think of him. But just remember this. Many people talk themselves into more trouble than what they are already in. If the cop is assaulting you, you can defend yourself. If the cop has told you that you are under arrest and he/she puts his/her hand on you to effect the arrest, then you cannot defend yourself against that. That is called resisting arrest and it's a felony in most states. You should pull over at the first safe place you come to. Anymore than that and you might find yourself looking at a "failure to yield to an emergency vehicle" citation. I hope these answers clarified your questions.

Answer 4

Here are your answers one at a time:

Generally you can not get out of your car. If the police pull you over the contact is a detention stop. You are detained. The officer has rights to direct your movement to ensure his safety and yours.

Cursing at the police is not recommended. In some states it will land you in jail. Even where you can't be arrested for it, it is certain to make your situation worse.

Where I work a male officer can search a female. We try to have a female officer do the search of a female whenever possible, but it is not illegal for a male to do the search if necessary.

You probably do not have to turn your radio off, although some states have radio volume restrictions. In California, you can be cited if your radio can be heard 50 feet away. 50 feet is not very far and, just like cussing, you will probably make your situation worse if you psuh this issue.

Regarding your sunglasses, it depends. If the officer asks you to take off your sunglasses you do not legally have to comply. If he tells you to take them off, you likely have to comply. In most states your having a driver's license requires you to submit to any reasonable police check of a driver's sobriety. The eyes are a key to checking sobriety and the officer likely has a right to check them under many circumstances.

The only circumstance where you can legally defend yourself against an officer is when you are the victim of an unlawful assault by that officer. This is an area where you better be careful as whatever happens will likely be your word against the officers. I have been a cop for 11 years and am smart enough to know that there are some officers who do things they should not do and who are more heavy handed than they should be. If you physically resist an officer you are likely to end in jail or worse.

Regarding pulling over, you are required to pull over as soon as you can do so safely. Don't push this one. If you decide to keep driving you may end up in jail for failing to yield.

Good luck!

Answer 5

James P and GaBlueLine are correct. And Pilgrim's advice will cause you immeasurable unhappiness. The detention means you can't leave, Pilgrim. There is a ton of case law about this. Same with a pat search for weapons- a male can do a pat search for weapons on a female and vice versa. There does not have to be a fear of life, whoever said that is mistaken. The officer only needs reasonable suspicion that the subject has a weapon. Cursing at an officer will probably lead him/her to believe that you are not going to fulfill your "promise to appear" (citation), thus you may be "taken immediately before a magistrate" (arrested). This is the same thing that happens when you refuse to sign the ticket, which is why the cop tells you "it's not an admission of guilt, only a promise to appear in court."

Answer 6

Yes a male cop can search a female if she's being arrested or detained. Don't get out of your car. You're told to stay there for your safety and for the cop's safety. If you need air leave your window down. Take off your sunglasses if he asks you to. Turn off your radio, it's rude to make him hollar of it. Don't cuss out the cop, you can get cited for Disturbing the Peace and why do you want to do that anyway. It's stupid to do that. Drive only as far as you need to to pull over safely, preferably a well lighted area. If you're being arrested you don't "defend" yourself. You put your hands behind your back and do what your told. If you're being attacked by a psycho cop then you're in big trouble.

Answer 7

You can't get out of the car unless the officer tells you to (safety reasons).

A male cop can not search a female - a female cop is requested for such things.

You can cuss out an officer, but be prepared for what will come about from doing so.

If they ask you to turn off your radio, it is so they are certain you hear what they are stating and that they can hear you clearly. It is also so you can't plead ignorance later in court ("I didn't hear the officer state any such thing".).

If they ask you to remove your sunglasses, it is for identification purposes. Yes - you must remove them.

Sure you can tell the cops whatever you like, but be prepared for what happens as a result. And don't complain about it - just pay the ticket.

If the officer is beating you without cause, then you can defend yourself. But I think if you cooperate with the officer, it will not come to that (but from the tone of your question, I might beat you, and I'm not a cop!).

You can drive until you are in a spot you feel safe in pulling over. If you don't feel safe pulling over on a dark side street in the middle of nowhere, then you can drive to a more public area. You should signal to the officer that you see him, and you are honoring his request, but will not pull over in the area. Driving slowly and using the hazzards would be one way of doing this.

Basically, you will be more likely to get respect (and a warning) if you respect the officers. They have a job to do, and dealing with a$$holes should not be one part of it.

Answer 8

Except for the pat down search, you pretty much need to keep your mouth shut and do what you're told. Don't get out of the car. If you see the lights, pull over when safe. If the cop tells you to remove your sunglasses, do it. Do not tell the cop what you think of him. He is holding all the cards and you do NOT want to get hauled off to jail over a traffic ticket.

Answer 9

to signify his intent to pull you over a police officer needs to flash his lights/sound his siren. until this happens you carry on driving. yes you have to turn off your engine/radio etc if requested to by the police officer. i don't know how it works in the USA but in the UK a male police officer cannot search a lone female without a female officer present-if he feels she has to be searched he will usually place her in the patrol car and arrange for transportation to the local police station. you certainly cannot cuss or swear at the police-having been stopped in my car on numerous occasions i always find politeness pays dividends-remember if you p**s this man off he can find a reason to write you a ticket. he doesn't have to prove himself in court-on the highway he is the judge and jury.

Answer 10

Do NOT curse at a police officer; in many states this enough for them to consider you suspect and it is also called verbal harrassment and can be Interpreted as hostility on your part. You may request that an officer of your sex perform a search on your body, and you may also deny them the right to search your car, assuming that everything else is in order with your license, registration, etc. Also, if you keep driving with your hazards on, you can keep going (i.e. to the next exit) till you hit private property to avoid being towed. I never turn my radio off. Of course, we have rights, but sadly I have found that often times cops do what they want, and they get away with it in court. Such is the way of life...