I thought about this last night after I saw two high school-age boys get pulled over while I was at work. I don't know why they got pulled over, but they came into the parking lot where I work. A few minutes later, 3 more police cars came by and all of them then proceeded to search the hell out of the car. If somebody gets pulled over in a traffic stop and they don't want to have their car searched, for whatever reasons, couldn't they just get out their license and registration and then lock their car doors, put their car keys in their pocket, and then walk over to the cop to give them their information? If your doors are locked, they wouldn't even be able to get inside your car without your keys, and you don't legally have to give your keys to the officer and they would have to get a warrant like they're supposed to (I've had many a friend get pulled over and had their car searched without a warr.). So would this work, do you legally have to stay in your car when you get pulled over?
2007-01-05 06:50:23 · 10 answers · asked by ? 1 in Politics & Government ➔ Law & Ethics
I know getting out may be suspicious to them, but then again, cops get suspicious over everything. So if I were to get out, what would happen? How are they going to search your car without your car keys if it's locked and your keys are in your pocket? They can't legally dig inside your pockets to get them out.
2007-01-05 07:01:55 · update #1
Just because someone decides to get out, it doesn't mean that they're "not cooperating." If I were to get out without my hands up so that the cops can see them, while holding my license and registration in my hands in plain view, how are they going to arrest me? Arrest me for what?! Lol. I know my rights guys. While of course a cop is going to want you to stay in your car (so that they can say those grass clippings on your floor are marijuana shake), it's not against the law for you to get out LOL. If a car is locked and you refuse to open it for them, they can't smash your windows to get in LMAO! My attorney will be laughing all the way to the bank after he sues the **** out of the PD for that one! They need probable cause to search your vehicle, getting out of your car and having your doors locked is NOT probable cause. If a cop asks me why I got out, I'll tell him "With all due respect, I want my attorney, now am I free to go?"
2007-01-05 07:41:45 · update #2
I mean "get out WITH my hands up" sorry
2007-01-05 07:42:31 · update #3
I am a former Police Officer. There is no formal policy as to whether the citizen is supposed to stay in the car or get out when pulled over.
When I was in the Academy we were told that telling the citizen whether or not to stay in the car allowed us to "control" the situation.
In my experience in the streets I found that technique to incite problems rather than allow me to take control
2007-01-05 06:57:39 · answer #1 · answered by Anonymous · 2⤊ 2⤋
They can search your car without a warrant if there is any probable cause or you consent. Usually, cops don't like it if you get out of your car because they don't know what you are trying to do. The best thing is to keep your hands on the steering wheel. If they perceived you getting out of your car to be a threatening action or suspicious, they will most likely hand cuff you and search you and your car.
2007-01-05 06:56:10 · answer #2 · answered by Take it from Toby 7 · 2⤊ 0⤋
I would stay in the vehicle, not only are the cops less suspicious (unless you smell like you'd like a DUI) but as a female, its safer.
I was always told only open the window an inch, enough to talk and hand things back and forth. It just seems safer to everyone in the situation.
LOL...and on cops, people seem to be distracted and run into pulled over cars, you are safer inside.
2007-01-05 07:38:06 · answer #3 · answered by mellie010 2 · 0⤊ 0⤋
Do NOT get out of your vehicle unless asked to do so. IF a police officer wants to search your car and you refuse- which you do have a right to do... they will find another probable cause. They feel if you let them search; you have nothing to hide. If you refuse, they can execute a search warrant... but they are not responsible for putting it back together. Accommodating their wishes is usually easier on the vehicle and you.
2007-01-05 07:03:44 · answer #4 · answered by skayrkroh 3 · 1⤊ 0⤋
Well, you are absolutely correct, they cannot search your car without your express permission, or a warrant, however probable cause is a very slippery and tenuous catchall phrase cops like to throw around.
Secondly, do not get out of the car until told to. They tend to get a little twtchy. Most have not been in the military, and are easily frightened, timid creatures who may attack out of fear. Remember they are not the brightest of God's animals, that's why they are cops. Just do what the say, "yes sir, yes sir, three bags full", let them do their business then go on your way to your much better paying job.
2007-01-05 06:58:48 · answer #5 · answered by Anonymous · 0⤊ 2⤋
You have to stay in your car unless the officer asks you to get out. They searched the car because it made the officer suspicious that the guys were hiding something in the car.
2007-01-05 06:55:28 · answer #6 · answered by Anonymous · 2⤊ 0⤋
There is no law that I am aware of that stipulates this. The police have you remain in your car for their safety. It is harder for a perp to pull a gun on them when they approach the car. A lot of times when a cop approaches a car, their hand is on their gun or it is already out of the holster by their side with the muzzle pointing down.
With all the cop killings, you don't blame them.
2007-01-05 07:01:31 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Depends on what they were being pulled over for.
If they were driving and it looked like they were drving under the influence, this gives the cops existegent (sp?) circumstance to search the vehilce for drugs and/or alcohol.
Most times, cops will tell you when to step out of the car, and as they approach, they usually tell you to stay in the car unless instructed to do so. This gives them the "in plain sight" excuse as well to search your car (meaning, if they see small baggies or beer cans, they can use that to search your car as well).
2007-01-05 06:56:22 · answer #8 · answered by arus.geo 7 · 2⤊ 1⤋
~No, that wouldn't work in my state. They can do anything they want. They can make up any story to search your car without your permission. They can just smash a window in if they want in. They can arrest you for not cooperating and take your keys.
In my drivers manual it says to remain in the car until instructed otherwise.
They have too many rights, while we barely have any.~
2007-01-05 07:16:22 · answer #9 · answered by Anonymous · 1⤊ 1⤋
If you have done nothing wrong, you have nothing to worry about. If you have drugs, etc. in the car. Face the music and learn from your mistakes. Don't try to fool the cops. They are smarter than that. By denying them entrance to your car, you only increase their suspicions and confirm their intent to search. Keep your nose clean and you'll be fine.
2007-01-05 06:59:36 · answer #10 · answered by dbarnes3 4 · 1⤊ 1⤋