This depends on the laws of your state.
Generally, the law may require that you state your true name and address, and the officer may also require that you sign your name in their presence (to check against the signature on the license).
Questions such as "where are you going?" or "have you been drinking tonight?" do not have to be answered.
In addition, a police officer may not detain you longer than is required to write the ticket, soley for the purpose of asking you questions, unless they have a reasonable suspicion that you were in fact involved in some kind of crime (called a "Terry stop" after Terry versus State of Ohio).
In addition, if they do have a reasonable suspicion that you were involved in a crime, they may detain you for the purpose of asking you questions, but you still have no legal obligation to answer them.
Now, all of that being said, (unless you have run into a real a**hole), most of the time asking casual questions is just human nature, especially after sitting alone in a squad car for hours. In addition, the officer is probably also casually fishing around for any other crimes you might have committed.
In fact, the officer is probably less interested in the specific answers to the questions than in just getting you to speak, so that s/he can determine if you are on any drugs, smell alcohol in your breath, etc.
I've been known to ask a question or two when writing people. This does not make me a certified member of the Gestapo. It just means I'm curious about what's going on. If the person politely tells me to stop asking unecessary questions, it's no skin off my nose....
However, there is also the following fact: Just as you are not legally required to answer questions, neither is the officer legally required to give you a break on the citation. If you don't give them a break, don't expect them to give you one.
2007-08-31 19:27:41
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answer #1
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answered by Jason W 5
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Be smart. If you have absolutey nothing to hide then answer all questions regardless of how stupid they might seem to be. Remember, he is the law, the man with the cuffs and gun and you do not want to p**s him off under no circumstances. Some of these guys are nice and won't hassle you but there are some out there who have a chip on their shoulder and think that they are a super power and will try to hassle you no matter how sweet you may be. Keep a sweet calm face. Don't panic. Let him do most of the talking. Answer in very short sentences. "yes". "No". I do not smoke pot. I have no pot. I have not been drinking. First question you should ask when you are given the chance. "Why was I stopped officer?"
He must tell you. If he wants to search your car and it is clean then you have two options: Go Ahead! or no don't want you to. Taking the second route is a bit dangerous but many people take it. If I'm clean then I'd let him search the car. Whatever you do, do not take a hard stand with the officer. He will always win. Even though it is a tough situation and you may be mad, smile and be civil. I got out of several speeding tickets by being very cooperative with the cop. Not always.
It matters who stops you. I was recently stopped by a local cruiser for going 3 miles over the speed limit. I told the cop that I was an electronic engineer and I will challange the accuracy of his speed meter...in court. We got to talk about the meter and I explained that they are accurate plus or minus 2-3%. His reading was too close to the accuracy of the meter. He finally let me go. Had I been going 5-6 miles over I would be nailed. Moto: Be calm. Be nice. Argue if you have to but carefully.
2007-08-31 22:15:55
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answer #2
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answered by Anonymous
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No, you don't have to answer all my questions. Like many contributors have stated, there are questions, like name, dob etc that you do have to answer.
However, there are plenty of what I consider reasonable questions that I may ask you during a traffic stop for a variety reasons-that legally you are not obilged to answer. A lack of response or poor attitude often tells me more than a honest answer would, and influences what my enforcement decision will be. Furthermore you have no idea why I'm asking all these "irrelevent" questions.
For example if as a result of a crime, we're looking for a vehicle that matches the description of yours and you start copping an attitude or acting coy, expect to be detained until I can rule you out of the investigation. Whereas if you're honest and answer the questions, and assuming you're not guilty, you'll be on your way quickly.
Surprising as it sounds, but there's enough real criminals out there for me to worry about, so I don't need to waste my time asking random people, random "irrelevent" questions on traffic stops.
2007-09-02 15:45:43
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answer #3
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answered by lpdhcdh 6
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Carrie Ann gave a very good answer. The best thing that you can do is to not give them cause to pull you over to begin with. If you "bait them" by doing something, or being some where that attracts their attention to you, then you just set yourself up to be stopped. Don't set yourself up, and they won't. The last time I was stopped by a police officer, was because he could not see might temporary tag in the back glass of my new truck. I answered his questions, and we went our separate ways. While I do wonder why he asked if I was just passing through, I have no idea. I just passed it off and went on with my business. They do have a right to question a driver because they really do not know who they have. If it seems like they are fishing for answers, then they probably have just cause to do so. If those questions turn sexual, solicitous, or improperly personal, then I would get their name, discreetly, and file a complaint. Asking the proper authority for who was working what section of town at a given time, or area of highway would be one way to get the needed information.
2007-08-31 19:23:33
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answer #4
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answered by Anonymous
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Hi,
Actually no you don’t have to answer All their questions. You do have to properly identify yourself, (driver’s license) produce the vehicle registration, possibly proof of insurance. But,, all the rest of the irrelevant questions or incriminating questions you don’t have to answer.
On the other hand the Officer may be trying to get a grasp of “why” you were doing whatever it was you were doing to get pulled over in the first place. Or, perhaps the Officer is trying to get you to relax over being stopped, which is easily done by getting people to talk about themselves. Or.. perhaps you’re a Hottie and their trying to engage you in conversation. (you’ll have to be the judge of “Hottie or not”,, your avatar IS kinda small) ;-)
You’ll have to judge for yourself whether to answer all the “irrelevant questions”. If you’re stopped a lot,, but don’t get many tickets,, I would guess “Hottie” answer.
Of course, you CAN avoid all those irritating irrelevant questions by,,,,,, (ready for this?) following all the traffic laws ?? (just a thought of course,, again your choice) Your insurance agent might have the same suggestion btw.
2007-08-31 19:38:54
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answer #5
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answered by logicalanswer 4
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All of their questions -- no.
You are generally required (depending on the jurisdiction) to answer basic questions about your identity, usually age and roughly where you live -- what are called "booking questions" or "identification questions".
You are not required to answer any questions about what you are doing, where you are going, or where you came from.
However, be aware that by refusing to answer those questions, the police can generally arrest you. They will not be able to convict you of anything, and they probably won't be able to even charge you with anything -- but they can arrest you and hassle you for refusing to cooperate.
Yes, it's wrong. But it's the way things work in the real world. And the more argumentative you are, the less friendly they will be.
So, it's a gamble -- or a balancing issue -- on your part. Whether you cooperate and hope they'll not hassle you -- or whether you exercise their legal rights, and by doing so makie them annoyed.
2007-08-31 19:15:43
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answer #6
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answered by coragryph 7
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It's a good policy LOL
Yet it's not wise to originate communication, try to be cute, try to be smart-mouthed or argumentative. I would make the encounter as boring as possible. Just remember, he puts his pants on one leg at a time just like the rest of us. People get all flustered and start chatting their heads off offering nervous blather that can cause suspicion and make a cop look closer. I have known too many cops to ever get excited again when pulled over. They are just people. Unfortunately they are people that can cause a lot of trouble for you so it's best to distance yourself. It's their job to look for reasons to put you in jail. Don't give them a reason.
2007-08-31 19:55:50
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answer #7
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answered by Anonymous
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You do not have to verbally reply to any question. You must provide any documents requestred which are required by law, such as license, registration, insurance, vehicle inspection. Nothing more.
But if you do refuse to communicate you have started a pissing contest with an armed, angry person. A little cooperation goes a long way.
The questions may be related to an event that just took place and may or may not involve you.
2007-08-31 21:33:48
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answer #8
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answered by Anonymous
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You sound like you have a great deal of experience with the police. You would be advised to answer most of their questions and they will decide what is appropriate. However, having said that policemen are people too. Which means that they can get out of line just like anyone else. You have to be in the right to refuse. I have an example of my one and only car stop. I was stopped about 3 AM one morning by a state trooper. We were passing each other on the highway from opposite directions. He hit his lights just as he passed me. I swerved to get off the road and he turned around to pursue me. He pulled up and asked me to get out of my car. I was only 1 mile from my parents place in a land that I grew up in. He told me that I swerved and he thought I might be under the influence. I don't drink and told him so. Now I had just come up from New Orleans where I worked in the shipyard. My hair was shoulder length and I had a long full beard which protected me from the welding sparks. He put me through the tests; touching the nose, walking the line, balancing on one foot, etc. I was starting to get irritated. I had nothing to do but my internal clock was off since I worked the night shift. The trooper asked to search my car. Here it is! I told him NO! He told me that he could search my car anyway. I told him to tell on what grounds and that he didn't have permission. He looked around in the car from the outside. He kept asking why he couldn't look inside my car. I told him point blank that I didn't want him to because I was pissed off at his attitude. We danced for about an hour. He kept asking and I kept refusing. He finally said that he could get a judge to sign a warrant. I told him that I would like to see him wake up a judge at 4 AM on a Saturday. He finally gave up and told me that he would be watching me. He had no right to search my car, he did have a right to ask a multitude of questions, and I had a right to refuse his request. Make sure you're right and stand on your rights.
2007-08-31 19:23:06
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answer #9
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answered by Anonymous
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they could't rigidity you to assert something. they could basically make you such as you had cooperated. oftentimes cops here will study Miranda rights beforehand Any questions. It does not unavoidably advise you're detained, arrested, or would be arrested. i replaced into study rights in my homestead beforehand they asked questions. They denied arresting me or perhaps going to, they have been purely masking their a**. in spite of everything, the Miranda determination replaced into over an incident in AZ. Gorbash: do not take it very own. I had 3 hyperlinks and a quote on one question; nevertheless 2 denied it, one did not even study it and tried to apply it against me, and 2 thumbed me down. little ones could desire to Play... EDIT: in case you Do stand on your rights, cops interpret it as Hiding something. Like, responsible till shown harmless? they at the instant are not meant to try this, yet they do. in the event that they threaten or intimidate you by any skill, with something, that is seen below Duress and inadmissible. They as quickly as threatened me with detention center if i did not cooperate. And, I Had given them my call--they took my wallet, i did not could desire to at that ingredient. yet my lawyer says they broke the regulation. He says i will get the full teastimony ruled inadmissible.
2016-10-17 09:08:31
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answer #10
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answered by ? 4
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