question re: scope of traffic stop

[lawquestion]

when a police officer stops a motorist for a traffic violation what information must the motorist provide? license, registration and insurance of course, but does motorist have to provide both work and home address and phone numbers and name and phone of employer and a job title/description?

does the motorist have to answer questions about where they are going or where they have been? what is a respectful way to decline to answer questions outside of those related to the stop with out appearing non-cooperative?

if you are pulled over for expired registration tags and also are cited for an out of state license or failure to provide proof of insurance, and get the registration tags fixed, can the officer pull you over again the next time he or she sees you just to see if you fixed the license and/or insurance problems if you are not violating any other traffic laws?

thanks in advance for any comments or thoughts. please also feel free to suggest any online resourses that you think might be helpful.

[webjeep]

A current address and contact information may be required.

Where you are going and have been is often asked when doing interdiction and or looking for further criminal activity. You are not required to answer the questions, but if you have nothing to hide then what is the problem? I cannot really think of a way to decline answering the questions without being confrontational. I have never had anyone decline to answer, usually they just lie to me.

If you are cited for a status offense and the stop was based on driving behavior or another observable offense by the officer you cannot be stopped again for the status offense if it would not be plainly evident to the officer that the discrepancy had not been taken care of. Example, if you are cited for a suspended license on friday at 8pm and the officer sees you driving again at 8pm on sunday then he could safely assume that since DMV has been closed since you were last stopped then you have not fixed the problem.

Hope that helps.

-web

[mobrien316]

when a police officer stops a motorist for a traffic violation what information must the motorist provide? license, registration and insurance of course, but does motorist have to provide both work and home address and phone numbers and name and phone of employer and a job title/description?
Your home address should be on your license. You are not required to provide details about where you work or what you do for a living. If your refusal to provide that information on a routine traffic stop makes the cop angry don

[jakflak]

[QUOTE=mobrien316]Your home address should be on your license. You are not required to provide details about where you work or what you do for a living. If your refusal to provide that information on a routine traffic stop makes the cop angry don

[mobrien316]

The home address isnt' always right. We have a right to ask. We can ask for any information that's necessary to identify the person. If someone isn't carrying a license, I'm going to be asking all sorts of questions to verify they are who they say they are.
I agree. We have a right to ask anything we want. However, the motorist does not have to answer many of our questions.

I believe the intent of the question was to find out if a motorist is required to submit to a general interrogation if they are stopped for a motor vehicle violation, and the answer is that they absolutely do not. Questions about the driver

[stalker3]

when a police officer stops a motorist for a traffic violation what information must the motorist provide? license, registration and insurance of course, but does motorist have to provide both work and home address and phone numbers and name and phone of employer and a job title/description?

does the motorist have to answer questions about where they are going or where they have been? what is a respectful way to decline to answer questions outside of those related to the stop with out appearing non-cooperative?

thanks in advance for any comments or thoughts. please also feel free to suggest any online resourses that you think might be helpful.

If you don't want to answer any questions, all you have to do is tell the officer who is only doing his job that you do not want to cooperate with the police and that you want him to give you as many tickets as he can. That is what I hear when someone tells me he is not going to answer my questions.

[acreature]

nevermind.........

[lawquestion]

thank you all for your responses.

mobrien316 -thanks for the link to the sup. ct. case, that is exactly what i was looking for.

i do understand that officers are doing their jobs, that it is a dangerous and often thankless job and that without their willingness to do so we would live in chaos. i also agree that i should provide the administrative information and responses necessary for the scope of a particular interaction.

i am glad to see that some people who responded (who seem to be law enforcement) don't think that an officer's legitimate stop of someone translates into the right to ask all sorts of other questions or risk getting "as many tickets as he can" write. or that resistance to being detained for unrelated questioning or searches necessarily means that the person is a dangerous criminal or trying to give the officer a hard time.

a person's right to privacy and to be free from questioning and searches balanced against the state's right to keep the peace can seem pretty academic until you find yourself being questioned and prevenented from going on your way.

stalker3-where have you been in the last hour? who were you with? what did you do? my guess is you won't answer these questions because i don't have any right to know or "authority" to ask. as the average motorist i feel the same way. i think the sentiment you express evidences the need for limitation the protections provided in the constitution in the first place. i recognize that an officer has authority to stop someone for an infraction, but i think there should be a limit on what that authority is.

as a civilian i tried to empathize with the officer. i was respectful, provided the documents he asked for and kept my hands in view at all times. (for the record the officer also treated me respectfully and courtously) i would hope that an officer could also be empathetic to the person stopped and know that just because that person doesn't want to sit on the side of the road and answer questions about things not related to the traffic ticket that doesn't mean that person has committed a crime or that they are trying to prevent officers from doing their jobs.

finally, i just wanted to say that although you officers don't hear it often enough, the common joe does appreciate what you do. thanks.

[jakflak]

[QUOTE=mobrien316]I agree. We have a right to ask anything we want. However, the motorist does not have to answer many of our questions.

I believe the intent of the question was to find out if a motorist is required to submit to a general interrogation if they are stopped for a motor vehicle violation, and the answer is that they absolutely do not. Questions about the driver

[keith758]

Why are officers answering this in a public forum? (Just thought I'd ask!)

[jakflak]

Why are officers answering this in a public forum? (Just thought I'd ask!)

Because this is an Ask a cop forum.

[acreature]

Because this is an Ask a cop forum.Not necessarily who is answering, but how they are answering.

[PPDMO373]

My PD requires us to fill out all the blanks on a summons. The blanks include employer name, employer address, and employer number. We do it to ensure that if you don't come to court, we will be able to try and track you down when the warrant for FTA is issued.
If you refuse to provide information so that I can complete the summons, our policy is to take the individual to the County Jail and make them post bond on the ticket.

We will get the information one way or another.

[Lucky Seven]

when a police officer stops a motorist for a traffic violation what information must the motorist provide? license, registration and insurance of course, but does motorist have to provide both work and home address and phone numbers and name and phone of employer and a job title/description?

As posted above, some states require more information than other states when issuing a citation (summons). In Ca. all the information I need is on your license, registration, and insurance. However, I will ask if the information is current / correct. After that...please wait in your vehicle.

does the motorist have to answer questions about where they are going or where they have been? what is a respectful way to decline to answer questions outside of those related to the stop with out appearing non-cooperative?

Normally I would say no. However, if the officer is investigating a crime (i.e. a burglary occurred in the area and your car just happens to meet the description or as in most cases a very vague description of a vehicle and suspect) then asking the above questions or others might be appropriate until the officer can determine that you are in fact not the suspect.

if you are pulled over for expired registration tags and also are cited for an out of state license or failure to provide proof of insurance, and get the registration tags fixed, can the officer pull you over again the next time he or she sees you just to see if you fixed the license and/or insurance problems if you are not violating any other traffic laws?

If you don't have the current year registration tab applied to the rear plate (Ca.) then probable cause for the stop exists and another stop could be made. Being stopped to check for compliance of an infraction without PC would not be appropriate.

thanks in advance for any comments or thoughts. please also feel free to suggest any online resourses that you think might be helpful.

Don't know if the above answers help as they are specific to Ca but, your welcome.

[gotthblues]

[QUOTE=mobrien316]I agree. We have a right to ask anything we want. However, the motorist does not have to answer many of our questions.

I believe the intent of the question was to find out if a motorist is required to submit to a general interrogation if they are stopped for a motor vehicle violation, and the answer is that they absolutely do not. Questions about the driver

[mobrien316]

if its on a traffic contact form, then it needs to be answered, things such as where ya goin or where ya been, just an officer doing his job but they dont have to be answered.
I agree that if your department has a form you can certainly ask any questions on that form. But think about this for a moment...

Are you honestly trying to say that as long as it's on a departmental form the motorist is compelled to answer any question put to them? They don't have the option not to answer? Does that make any sense to you?

You may ask them a series of question that would enable you to fill in blocks on a form, but what are you going to do if they refuse to answer a question such as "Where do you work?" or "What do you do for a living?"

[gotthblues]

I agree that if your department has a form you can certainly ask any questions on that form. But think about this for a moment...

Are you honestly trying to say that as long as it's on a departmental form the motorist is compelled to answer any question put to them? They don't have the option not to answer? Does that make any sense to you?

You may ask them a series of question that would enable you to fill in blocks on a form, but what are you going to do if they refuse to answer a question such as "Where do you work?" or "What do you do for a living?"
i dunno never thought about it, ive had people say "why do you need that" then i showed them the cite and everything was okay. its on there in case they dont show for court, then we can find them, i know, some people lie, :eek: , WE ARE TALKING ABOUT TRAFFIC CITES, RIGHT?

[mobrien316]

i dunno never thought about it, ive had people say "why do you need that" then i showed them the cite and everything was okay. its on there in case they dont show for court, then we can find them, i know, some people lie, :eek: , WE ARE TALKING ABOUT TRAFFIC CITES, RIGHT?
The original post asked about being stopped for a motor vehicle violation. That is what I was responding to.

The motorist doesn't have to say a word. He or she can simply hand me the required paperwork and, if it's all in order, I can't demand any more information. I can feel free to ask anything I want, but they can just stare at me and not say a word. In Connecticut they don't even have to sign the infraction.

[winq]

The original post asked about being stopped for a motor vehicle violation. That is what I was responding to.

The motorist doesn't have to say a word. He or she can simply hand me the required paperwork and, if it's all in order, I can't demand any more information. I can feel free to ask anything I want, but they can just stare at me and not say a word. In Connecticut they don't even have to sign the infraction.


Very true, this the same in New York. You can always tell when you pull over an attorney. They keep very quiet and give minimal info. This way they figure they can't hang themselves in court. no sig required in NY. If they don't take the summons, I just drop it on their lap.

[Evnings]

The original post asked about being stopped for a motor vehicle violation. That is what I was responding to.

The motorist doesn't have to say a word. He or she can simply hand me the required paperwork and, if it's all in order, I can't demand any more information. I can feel free to ask anything I want, but they can just stare at me and not say a word. In Connecticut they don't even have to sign the infraction.

This is true. However, nothing says have I have just write and cut you loose, except for speeding. If a violator doesnt play nice answer the few simple questions I ask, then they can go to jail and their vehicle can go to the impound yard.

A ticket is more or less an arrest report and bond paper all rolled into one.

Realistically do I really get all that worked up over making sure all the blanks are filled in? No. I don't ask women their weight. If someone questions why I ask them where they work, I tell them because its part of ticket. If they still balk and they don't look like a terrorsit or somone else that needs to go to jail, I'll just skip over it.

[rpd1794]

Normally I would say no. However, if the officer is investigating a crime (i.e. a burglary occurred in the area and your car just happens to meet the description or as in most cases a very vague description of a vehicle and suspect) then asking the above questions or others might be appropriate until the officer can determine that you are in fact not the suspect.


I tend to think that this stop is related to the situation described above. At least for us in Virginia, the employment questions are more in line with an F.I. card than a summons.

[rpd1794]

This first paragraph above should be attributed to Lucky 7.....either my brain, or my computer, or both, were not in gear :D

[stalker3]

i do understand that officers are doing their jobs, that it is a dangerous and often thankless job and that without their willingness to do so we would live in chaos. i also agree that i should provide the administrative information and responses necessary for the scope of a particular interaction.

i am glad to see that some people who responded (who seem to be law enforcement) don't think that an officer's legitimate stop of someone translates into the right to ask all sorts of other questions or risk getting "as many tickets as he can" write. or that resistance to being detained for unrelated questioning or searches necessarily means that the person is a dangerous criminal or trying to give the officer a hard time.

stalker3-where have you been in the last hour? who were you with? what did you do? my guess is you won't answer these questions because i don't have any right to know or "authority" to ask. as the average motorist i feel the same way. i think the sentiment you express evidences the need for limitation the protections provided in the constitution in the first place. i recognize that an officer has authority to stop someone for an infraction, but i think there should be a limit on what that authority is.

as a civilian i tried to empathize with the officer. i was respectful, provided the documents he asked for and kept my hands in view at all times. (for the record the officer also treated me respectfully and courtously) i would hope that an officer could also be empathetic to the person stopped and know that just because that person doesn't want to sit on the side of the road and answer questions about things not related to the traffic ticket that doesn't mean that person has committed a crime or that they are trying to prevent officers from doing their jobs.



Where have I been in the last hour? I took a shower in the trailer a short distance away from my bunker near Ad Dujayl, Iraq. When I came back, I checked the internet (e-mails, etc.) because I haven't had the opportunity earlier because I was out on combat missions with my guys or at the hospital at Balad Air Base getting a physical. I have been alone while in the shower and on the computer.
Was that so difficult?

Keep in mind, you may think you were stopped for a defective registration lamp (for example). Maybe that infraction provided the probable cause for the stop. There have been burglaries in the neighborhood, and I know your car is not from the neighborhood because I know my area. Maybe I need to confirm in my mind that you are not involved in any of the burglaries, instead just passing through or lost. Maybe your car is similar to a car described by a victim of a crime as being involved in that crime, and, in the course of doing my job, I want to make sure that you are not involved so I can stop wasting both of our time and continue to go look for the bad guy. Maybe, if you are lost and too proud to ask for directions, I will help point you in the right direction. Maybe I noticed that you don't seem to be driving very well, and I want to satisfy my curiousity and make sure you are not undrer the influence of alcohol and/or drugs as part of my duty to protect the public, so I engage you in a little harmless conversation to make sure you are coherant or not too sleep-deprived to drive. Maybe I am all by myself and bored because I have nobody else to talk to, and I stopped you and I am just trying to participate in a little human interaction to avoid going crazy. Maybe I just had a stressful call involving some people of questionable character or values, and I stopped you for a traffic violation and want to talk to a decent person to confirm my faith in humanity.
All of a sudden, some guy doesn't want to answer a few harmless questions. What did he do wrong? What is he trying to hide? Does he still deserve a break on that speeding ticket? Am I going to get crucefied because I let some criminal go instead of investigating something that just didn't seem right?
Now you want to bust my balls and give me a hard time while I am just doing my job instead of just answering a few harmless questions because you think I am going to catalogue all this information and make a little extra money for letting your secrets fall into the wrong hands?
I know you have no idea that there are so many reasons cops can find to write you a ticket, that we can have you get out of your car during a traffic stop for no reason (yes, the US Supreme Court specifically said that), that some states actually allow summary arrests for simple traffic violations, but don't because we are nice guys. All it takes is someone like you to **** on our Wheaties with your jailhouse lawyer, I-think-I-know-it-all-but-really-don't-have-a-clue attitude to turn us in to that ******* cop for thirty minutes.
Do you want to help me do my job by answering a few harmless questions in the course of my legitimate stop or do you want to give me a hard time? If you are not doing anything wrong, I will probably forget about you and your boring life before you reach your destination. If you are doing something wrong, or you just want to be difficult or advesarial, I will remember you. I might even write your name on a bunch of pink pieces of paper so you remember me.
Have a nice day, and drive safely.

[gotthblues]

The original post asked about being stopped for a motor vehicle violation. That is what I was responding to.

The motorist doesn't have to say a word. He or she can simply hand me the required paperwork and, if it's all in order, I can't demand any more information. I can feel free to ask anything I want, but they can just stare at me and not say a word. In Connecticut they don't even have to sign the infraction.
really, humm, here if they dont sign the "promise to appear' which is all it is on the cite, then they go 10-15 and get to wait for the judge. but that is interesting.

[gotthblues]

This is true. However, nothing says have I have just write and cut you loose, except for speeding. If a violator doesnt play nice answer the few simple questions I ask, then they can go to jail and their vehicle can go to the impound yard.

A ticket is more or less an arrest report and bond paper all rolled into one.

Realistically do I really get all that worked up over making sure all the blanks are filled in? No. I don't ask women their weight. If someone questions why I ask them where they work, I tell them because its part of ticket. If they still balk and they don't look like a terrorsit or somone else that needs to go to jail, I'll just skip over it.
this is my take on it too, however, were i worked my captain got bent out of shape if everything was not filled out, and we got dinged for it. :(

[mobrien316]

Keep in mind, you may think you were stopped for a defective registration lamp (for example). Maybe that infraction provided the probable cause for the stop. There have been burglaries in the neighborhood, and I know your car is not from the neighborhood because I know my area. Maybe I need to confirm in my mind that you are not involved in any of the burglaries, instead just passing through or lost. Maybe your car is similar to a car described by a victim of a crime as being involved in that crime, and, in the course of doing my job, I want to make sure that you are not involved so I can stop wasting both of our time and continue to go look for the bad guy.

Without a doubt, you have the right to ask that motorist anything you want. But, if your probable cause for the stop came from a defective registration lamp, you are limited in how long that seizure can last. You can ask as many questions as you like, and you can shine your light all around the interior of the car looking for anything in plain view, and you can check the license and registration for hits, but while you are doing all of that the motorist is not compelled to answer your questions.

If you don

[stalker3]

[QUOTE=mobrien316]

This last part is so disconcerting I don

[Duke]

[QUOTE=mobrien316]I agree. We have a right to ask anything we want. However, the motorist does not have to answer many of our questions.

I believe the intent of the question was to find out if a motorist is required to submit to a general interrogation if they are stopped for a motor vehicle violation, and the answer is that they absolutely do not. Questions about the driver

[mobrien316]

Your website (http://www.mobrien316.com ) has some relevant advice for people, but to advise people to complain to supervisors (like you) about cops parking in red zones, etc? Are you that self-righteous to say you never parked in a red zone in a non-emergency situation? Do we not have enough persons filing frivolous complaints without you encouraging them to do more?
At least put the comment in the proper context. It was in response to a question I received via email:

QUESTION: Why do cops write parking tickets and then park their own car in the fire lane?

ANSWER: Cops write parking tickets because it is part of their job. But I know what you mean - why can they park there and you can't, right? The fire lane is there for emergency vehicles so that they have easy access in the event of an emergency. If you see a cop park his car in the fire lane so that he can walk into Bagelman and get a cup of coffee, that's wrong and you can feel free to call him on it or report him to a supervisor at the police department. But virtually ever time you see police cars in the fire lane in front of a store it's because there is some sort of a call inside the store. Does it make any sense for officers responding to a fight or a shoplifter to park on the far side of the lot and walk to the store? Of course not - that's why the fire lane is there.

I suppose a better response to the question would have been to chastise the writer for daring to question a cop? How would you have responded to such a question?

BTW, I hope after you found the quote with which you could try to embarrass me, you looked at and enjoyed the rest of the site. :)

[Duke]

At least put the comment in the proper context.

What context? He asked why cops park in fire lanes and also write tickets to people who do the same. How's this for an answer: Because if an emergency call comes out and I have to walk three blocks to my vehicle, your wife-who's being mugged- will have to wait that much longer. Maybe that's a more accurate reason why I park in fire lanes, etc. when I'm in the field. I don't purposefully park there to break the law-I do it so I can get to any emergency call as fast as possible. This is called being prepared. If people think it's just an excuse to park in red zones, I really don't care.

More to the point, If I was in a fight with a suspect and you were my backup, running a few blocks to your car (but with the moral high ground, since you didn't park in a fire lane :rolleyes: ) could mean the difference between my life and death. The safety of my fellow officers and the people I serve are more important than some guy getting ****ed because I parked in a fire lane at Starbuck's. But I work in a crime-infested area of southern California, not a town of about 15,000 people in Connecticut. Maybe that's why I think your response to the question was ridiculous. I just hope when some bozo calls to complain about me parking in a red zone, he doesn't speak with a supervisor that feels the same way you do.

And yeah, I did cruise your site. I found it interesting, with some valid (even humorous) thoughts, although you came off as being generally pompous and sanctimonious. We all know that you're intelligent and well-read, just lay off on the arrogance and you might receive a warmer response from others.

[stalker3]

Well put, Duke.
Harumpf.


Give the Duke a harumpf.

[Future Shield]

good stuff

Bearcat357

[Bearcat357]

During a traffic stop, would a police officer be able to get your place of employment by running your name and vehicle information through their on-board computer (MDS),

If i work in Law Enforcement, would the police officer have access to this information via the station computer?

Ill run this through my buddies, but maybe u can answer it first?

Just curious.

Errr....you might want to start a new thread.....as this one is over 3 years old.....:eek:

[Bushranger]

We're required to ID ourselves and our station and then inform the driver the reason for interception and we're entitled to require the driver to state their full & correct name and current address and to produce acceptable ID.

If the driver refuses to state full name and address they commit an offence and we can arrest them for failing to do so. If the driver is unable to produce ID, we're entitled to detain them for the purpose of establishing their ID.

If they have committed a traffic offence and they do not have their drivers' license on them, they have 48hrs to produce it or proof of possession to the issuing station or they commit another traffic offence,

[mastergunner]

It would benefit you to provide the correct address to the officer. The subpeona or court date will be sent to the address on your license or the one you give them, if it gets mailed to the wrong place you will miss your court date and then your license will be suspended or worse. And just to add my two cents, the attitude of the person determines if they get tickets and how many, even if you lie to me it's better than saying i don't wish to answer your questions. That's just me though and i hope this helps.

[Taylor1430]

It would benefit you to provide the correct address to the officer. The subpeona or court date will be sent to the address on your license or the one you give them, if it gets mailed to the wrong place you will miss your court date and then your license will be suspended or worse. And just to add my two cents, the attitude of the person determines if they get tickets and how many, even if you lie to me it's better than saying i don't wish to answer your questions. That's just me though and i hope this helps.

I once asked a guy if his address was current and he replied that he was not required to answer any of my questions....so I went with the address on his license. Turns out it wasn't current, never got his summons and missed court. This in turn suspended his license and at some point, he aquired an arrest warrant. Sometimes people want to challenge the police, but some really need to think if a challenge is worth the consequences. In addition, some challenges will get you from a warning to a citation. The side of the road is not the place to challenge me...so instead of what could have been a warning, I give them the option to take it to court.

[mastergunner]

Yep, and if your department is like mine we get time and a half for court so bring it please, i need the money.

[TexasAggieOfc]

I once asked a guy if his address was current and he replied that he was not required to answer any of my questions....so I went with the address on his license. Turns out it wasn't current, never got his summons and missed court. This in turn suspended his license and at some point, he aquired an arrest warrant. Sometimes people want to challenge the police, but some really need to think if a challenge is worth the consequences. In addition, some challenges will get you from a warning to a citation. The side of the road is not the place to challenge me...so instead of what could have been a warning, I give them the option to take it to court.
That';s the great thing about Texas, unless it's Open Container or Speeding, you're not required to cite, you have the discretion to arrest... a great tool for dealing with a smart ***. I had one tell me he didn't have to display his registration sticker, because if it was expired it would violate his right to not incriminate himself. He went on to say that because I had no legal right to stop him that he wasn't going to cooperate. He was pulled from the car and placed under arrest. All while having a valid registration, but failing to display it

[Taylor1430]

That';s the great thing about Texas, unless it's Open Container or Speeding, you're not required to cite, you have the discretion to arrest... a great tool for dealing with a smart ***. I had one tell me he didn't have to display his registration sticker, because if it was expired it would violate his right to not incriminate himself. He went on to say that because I had no legal right to stop him that he wasn't going to cooperate. He was pulled from the car and placed under arrest. All while having a valid registration, but failing to display it

Priceless....Here, thats a $60.00 infraction. If that is the only charge, then we can only arrest if he refuses to sign the citation.

An officer I work with locked a guy up for a $25.00 seatbelt ticket. The guy refused to sign the citation and off to jail he went.

[NYCDep]

but does motorist have to provide both work and home address and phone numbers and name and phone of employer and a job title/description?

I usually only ask for employer info if the person is driving a company car or work vehicle, so I have the option to verify that they are supposed to be driving it. If you don't supply that info, I will hold you there until I can find the information out independently.