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entitled to refuse?

2007-01-15 08:24:39 · 36 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

Thank you for your answers, I notice some are from our American friends, I have seen some of their police heavy handedness on TV which is fast catching on here. A medical condition makes it difficult to get out of a car fast although it doesn't affect driving, so I wondered if I could stay put.

2007-01-15 23:39:14 · update #1

36 answers

In the uk , you are not required by law to get out of your vehicle , unless you have commited an offence or the police think that you may be under the influence of drink / drug`s !
If it is just a random stop check you can request that the officer sit in your car while the relevent check`s are carried out but you are under no obligation to get out from your car but not doing so may make the officer think you have something to hide !

2007-01-15 08:54:15 · answer #1 · answered by charlotterobo 4 · 0 0

No.

You have to comply with simple requests that may involve officer safety. If you refuse, chances are you will be dragged out of your car at gun point, thrown on the ground, have a knee put on the back of your head and handcuffs roughly and (way too tightly) applied to your wrists... if you aren't shot.

Welcome to the police state.

Cops are way out of control - but the flip side is, they have a right to make reasonable requests to ensure their safety.

If you're nervous about stopping (because you think it might be a fake cop) dial 911 and explain that you're being followed by a "cop" car, but don't know if it's a real one. Pull over in a brightly lit area with lots of people. But be aware, in one case where a woman drove an extra couple of miles to get to a brightly lit gas station (because the cop that was trying to pull her over was not in uniform and in an unmarked car), the idiot judge convicted her of evading arrest... even though she didn't speed or drive recklessly, and stopped ASAP.

2007-01-15 09:51:25 · answer #2 · answered by A_Patriot 2 · 0 0

If the police officer has stopped you for a violation of the traffic laws and he asks you to get out of your car - you must exit your vehicle. A traffic stop is considered a legal detention which is less then an arrest but more then a mere inquiry of an individual, because you are suspected of committing a violation of the law. The officer has the right to obtain your license, registration card, and insurance card. If he suspects by reasonable suspicion you possess a weapon that may injure him he can search the area within arms reach of you as a driver. This is covered in 2 court rulings - Carroll Doctrine and the stop and frisk under Terry. The officer can even order you to sit in his vehicle. Now in moist states the Officer must be in the official uniform of a police officer. He must provide to you his name and badge number. He should be courteous as he is not there to cause you harm. He is just protecting himself from injury

2007-01-15 08:38:15 · answer #3 · answered by Anonymous · 1 1

This comes under the verifying Police constables act 1971 and is law in the England and Wales

Yes you can,but you can only refuse to get out of the car,you must explain to the police officer that you are willing to
co-operate but you will drive to the nearest police station,because you do not feel safe getting out of your vehicle as you believe that the police officer is not a police officer
(it pisses them off though)
they can force entry to the vehicle if they strongly suspect that you have consumed booze.Exceptions are cash in transit drivers,who automatically have to drive to a police station if requested to stop by the police.Trouble is finding a police station that's open after 5 !!

2007-01-15 08:33:27 · answer #4 · answered by Anonymous · 1 1

Nope, sorry you can't refuse. The supreme court has recently ruled (2 years ago) the an officer can order someone out of a vehicle. This is for safety reasons. Hope this helps.

2007-01-15 09:22:48 · answer #5 · answered by scubapelli 2 · 0 0

Well you could, but then you are waving a red rag at a bull. You pique their suspicions and they run a full vehicle check, get you to test all your lights, measure the tread on your tires etc... And what may have started as a 5 minute routine check turns into a 30 minute exercise in "How can we nail this a4sehole?"

2007-01-15 09:37:56 · answer #6 · answered by Anonymous · 0 0

Yes. Then you will be dragged out. Your call.Lets start at the begining... A police officer can not stop you without a reason. Therefore, if he is stopping you, he has a reason. You can find MANY reaons to stop the common driver so NEVER ask... "Why are you stopping me!". He has a reason and he will find more if you get confrontational. By stopping you, he is, in fact, placing you under arrest. (arrest=stop) You are not free to go.(Thats why they chase you if you don't stop. If getting out of your car was optional, so would stopping!) You are in custody. If he asks you to get out of the car or do anything for that matter, you must comply. HE is asking you to get out as part of a lawful investigation, initiated when he first stopped you.Failure to comply will most likely result in an escalation of force. You will be getting out of the car, I can assure you. ANY traffic ticket is issued in lieu of arrest. You can be handcuffed and taken in for any traffic violation. Some states do it as a matter of policy.
Thats being said, do what you thinks best, but always be prepared for the consequences of your actions. For the most part, a cop wants you IN the car for his safety as well as yours. If he wants you out, he has a reason and your getting out. Its not an option.

2007-01-15 08:44:37 · answer #7 · answered by Anonymous · 0 0

no the law states the police can stop search or the car for any or no reason it,s called a spot check if u refuse to get out then u r more than likely to be arrested

2007-01-15 08:35:34 · answer #8 · answered by blonde286021 2 · 0 1

If all your documents are in order and your car is road worthy and you,ve not been drinking the best thing to do is comply totally with their requests and smile, you will soon be back on your way. If they are not then hold your hands up its a fair cop. trying to lie makes things a lot worse

2007-01-15 08:43:15 · answer #9 · answered by Anonymous · 0 0

Nope. Unless you like the feel of handcuffs.
At the point you are being stopped, you are being detained and are in the care, custody, and control of the Officer that stopped you. Refusal of a lawful order given by the Officer can result in you being arrested for obstruction or disorderly conduct.

2007-01-15 08:30:08 · answer #10 · answered by chuck_junior 7 · 2 1

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