General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf Cops Demand Your Window Down, DO THIS...
My words: Given the environment we now live in, you never know what's going to happen out there. The most important step is: When asked to exit your car, do so and LOCK the door behind you.
Marc breaks down:
When rolling your window down actually helps you
Why refusing to exit your car is a huge mistake
The exit-and-lock strategy that keeps cops out of your vehicle
Exactly what to say (and NOT say) on the roadside
How to deny consent the right way
This isnt about arguing with police.
Its about protecting your rights and giving your lawyer something to work with later.
viva la
(4,538 posts)and shoot you or arrest you. Remember the young black woman Sandra Bland who was charged with "resisting arrest and assault" and later found hanged in her cell? The "officer" saw her every gesture and movement as "resistance".
EX500rider
(12,250 posts)Ninga
(8,998 posts)his explanations clear. Many thanks!
NowsTheTime
(1,269 posts)usonian
(23,991 posts)Roc2020
(1,748 posts)cab67
(3,661 posts)In fact, it could be dangerous and backfire badly.
Depending on why you were pulled over, the police are allowed to break your window out.
EX500rider
(12,250 posts)They have the right to tell you to exit, see Pennsylvania v. Mimms and refusal to get out can get your window broke & you dragged out.
https://en.wikipedia.org/wiki/Pennsylvania_v._Mimms
OMGWTF
(5,038 posts)can't get into it without a warrant or probable cause.
EX500rider
(12,250 posts)Nothing they find will stand up in court so I don't see the point in locking the doors
littlemissmartypants
(32,505 posts)Every situation is different and deserves a separate assessment.
Cirsium
(3,551 posts)In what neighborhood would any of this advice work? And for whom would it work?
"How to survive a police state when you are of the right ethnicity and in the right neighborhood."
AverageOldGuy
(3,497 posts). . . so we don't have to slog through a rambling YouTube video with a shouting, hand-waving narrator. Gave up after 15 seconds of it.
Jedi Guy
(3,436 posts)Stay in your car unless asked to exit. Roll your window down if asked to do so. Don't move around a lot as the officer approaches since they don't know what you're doing. When asked for your driver's license, tell the officer where it is and then retrieve it without moving suddenly. When asked for your registration and proof of insurance, tell the officer where it is and then retrieve it without moving suddenly. If it's in the glove compartment, open the compartment and then take your hand away so the officer can see the contents, then get your paperwork out.
If you get a ticket don't argue the point or try to litigate the issue on the side of the road; that's what court is for. Even if you think a citation is utter bullshit, arguing it on the side of the road gains you nothing. Stay as calm as you can.
Cops are generally very alert and wary when conducting a traffic stop since they have no idea whether you're going to be calm and polite or whether you're going to do something drastic. Traffic stops can go wrong in any number of ways and they're acutely aware of that.
If you're arrested , keep in mind that they don't have to read you your Miranda rights by default. They only have to do so if they intend to ask you questions. If they do read your rights, don't provide any information beyond your name, address, and date of birth. Do not, under any circumstances, answer questions without an attorney present.
mucholderthandirt
(1,769 posts)A cop has the right to ask you to roll the window down, and to be shown your license and registration. Do not provoke them, obey all lawful orders. Get out if told to, do not if told to remain in the vehicle.
Don't ask them what you did wrong, don't claim you didn't do anything wrong, don't claim sovereign citizenship rights, or curse them or attack them. Stay calm, obey all lawful orders. Don't demand to keep your phone, or try to call anyone, or generally act like an asshole.
Apparently you can ask to have a supervisor come to the scene, but it's not going to change anything if you've been detained, or worse still, arrested. You're still going down to the jail to be processed. You'll have your chance to defend yourself in court.
I'm not convinced that ICE has the right to accost you unless you have broken any law, without a valid court warrant. They are not here to harass citizens who are exercising their Constitutional rights, including the right to be on any street and to decide to turn around and leave. But I'd guess we need a lawyer to give actual advice on that.
question everything
(51,807 posts)NowsTheTime
(1,269 posts)Zackzzzz
(307 posts)What could go wrong?
Or do you leave the windows down,
turn off the motor, then lock the car while getting out
taking the keys with you?
usonian
(23,991 posts)Raven123
(7,622 posts)Mossfern
(4,649 posts)through the open window?
Staph
(6,456 posts)is if you are a woman, driving alone.
I was told by a sheriff's daughter some advice from her old man. If you are a woman driving alone, especially at night, and you see flashing lights directly behind you, turn on your flashers and drive to the nearest populated area - a gas station, a store parking lot, whatever. If you know where there is a nearby police station, go there.
Turning on your flashers says "I see you". Going to a populated space may keep you from getting raped or worse.
That advice is 30 years old, but I still think about it when I see a police car coming up behind me. Thankfully, I've never had to use it.
EX500rider
(12,250 posts)There's plenty of videos on YouTube with people who didn't pull over in the first couple blocks having their car rammed off the road and arrested for fleeing and eluding.
MichMan
(16,813 posts)Seems like the police would be pretty angry if I didn't pull over for ten miles
chia
(2,763 posts)EX500rider
(12,250 posts)Nothing says I have something to hide in the car like getting out and quickly locking the door, giving him an excuse to call for a dog to come sniff around your car and then get into your car due to the dogs alert if you had something to hide, and if they search your car without probable cause or your permission it won't stand up in court anyway but the dog alert will give probable cause
Polybius
(21,605 posts)Bluetus
(2,449 posts)I hope you are not suggesting this will somehow cause ICE to behave differently.
My advice (I'm not a lawyer) is to immediately call 911 just as soon as you feel threatened. You want your voice recorded on the 911 systems. Clearly tell the 911 operator that you are being assaulted by an unidentified person wearing a mask and threatening you with a gun, and please send an officer immediately. And follow the instructions that the 911 operator gives you. Chances are good that if ICE knows they might themselves be arrested, they will move on before the police arrive.
Understand that in every state AFAIK, assault does not require any physical contact. Assault can include threatening behavior. If you live in a state that Trump is attacking, you may get police to respond. If you live in Texas or someplace like that, I doubt that the police will help, but at least you will have your part of the story on record, which could be helpful if it goes to trial.
MichMan
(16,813 posts)"Assault can include threatening behavior."
That would also mean that the Federal government has grounds to arrest protesters that exhibit behaviors that ICE agents find threatening. Even when there hasn't been any physical contact.
Bluetus
(2,449 posts)That is why we have courts. Right now, ICE is acting as judge, jury, and quite literally, executioner.
Put the two ICE agents who executed Pretti (still unnamed but on administrative leave) on trial. Let the jury decide if Pretti, who was subdued on the ground with his gun removed was a threat to the agents. I guarantee you that the jury will find that it was the agents who were threatening. But go ahead and defend ICE with your hypotheticals. I will continue to call for a trial to decide this.
While you are at it, tell us why you don't think ICE should identify the executioners.