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Does a police officer have the right to ask you where you are going when they pull you over on a traffic stop ?

Dennis C Latham 2009/08/16 10:00:25
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I could see if they asked where you were coming from ...... because of a crime that might have happened.
I mean ..... I might be just riding around - enjoying my freedom to drive all over the world. I don't feel it is anyone's business where I am going. It's my right to go where ever I want to go. Specially if I'm headed to one place and change my mind when I see or feel I want to go somewhere else.
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  • Philo-Publius 2009/08/17 22:39:58 (edited)
    Yes
    Philo-Publius
    +6
    They have a right to ask, yes. You have the right to say "No," or, "I don't see how that is relevant," among other rights.

    When you are read your rights (Miranda) and they ask, "Do you understand your rights?" The CORRECT answer is, "No, officer, I DON'T understand... that doesn't sound right... it is my understanding that I have OTHER rights (natural or inalienable) which you have failed to mention. I do not accept the "rights" you are offering me."

    I would never agree to the short list that Miranda offers (and I am a scholar, I am not in any way "anti-government") and it just amazes me that people accept THOSE rights and then wonder why when they get into a courtroom they don't seem to have any rights and the judge tells them to sit down or they'll hold them in contempt... mystery explained.

    Good question, Dennis!

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  • me 2014/07/27 19:33:08
    Yes
    me
    They have the right to ask, you have the right to not answer. Its not quite the same as "pleading the fifth" though and you should avoid saying that in a police conversation because the essence of the fifth amendment right is that you cannot be compelled to give evidence against yourself and is applicable in a court situation where you are giving evidence under oath or court order/subpoena. You CAN be compelled to answer questions by a court, but even the court cannot compel you to give evidence against yourself. But the police power to compel you to answer is very, very limited to things like showing a driver's license, registration, proof of insurance, identification, and so on. It does not extend to the "where have you been" and "where are you going" information. Sometimes it is just better to answer, though and always better to resist the impulses to answer "none of your damn business" or answer smartass style like pointing and saying "that way" to both questions. smiley wink
  • Brosia 2009/09/09 01:07:14
    Yes
    Brosia
    Why not? It might have bearing on whether or not they give you a ticket. It has gotten me out of a few.
  • Dennis ... Brosia 2009/09/09 01:26:40
    Dennis C Latham
    +1
    being guilty should be the only reason for a ticket.

    Prying into ones business ? shouldn't be a reason to get a ticket.
  • Brosia Dennis ... 2009/09/09 02:30:01
    Brosia
    It is not going to get you a ticket by the cop asking that. They are just gauging if the destination is enough to offer a warning.
  • Dennis ... Brosia 2009/09/09 13:27:33
    Dennis C Latham
    +1
    so in other words ...
    you are not free to go where you choose without being questioned.
  • Brosia Dennis ... 2009/09/12 01:26:05
    Brosia
    +1
    Not at all. You don't have to answer, but that can be met with suspicion and they might find a reason to give you a ticket. The whole reason they ask it is to sort of test you. If you have a good enough reason, you get a warning.

    Usually they ask this when you do a minor traffic violation, speeding, running a red, things like that. When they ask you where you are heading, they want to know why you would break the driving laws. I don't think they really care.

    I once nearly blew a stop sign, right in front of a cop. He asked where I was going, I answered that I was heading back to work. He asked if I traveled the road I was on often. I lied and said I was unsure of the road and needed a quick short cut back to work so I would not be late. He told me to be more observant and let me go. That was it. You are expected to always cooperate with the police, so answering questions like "Where are you headed?" something that is innocuous, should not be met with distrust. Now, if they start asking deeper, leading questions, I would start pleading the fifth.
  • Dennis ... Brosia 2009/09/12 01:46:30 (edited)
    Dennis C Latham
    +1
    I agree totally ....
    I've been questioned a lot in just basic stops
    most with tickets
    some with no tickets

    questions like I was already guilty

    Even one time when my car broke down and I was walking home I was frisked.
  • Brosia Dennis ... 2009/09/12 01:51:36
    Brosia
    +1
    I am sorry. I have had bad experiences as well. I was once trapped on a highway with a flat tire and three different times state troopers stopped to find out why I was there. Two of them didn't even bother to get out of their cars. None of them bother to help.
  • Dennis ... Brosia 2009/09/12 01:55:54
    Dennis C Latham
    +1
    I have been broke down and needed a jump ......

    I've seen the same cop boost of people before and after.

    ha ha ha ha
    I've even seen a cop help a guy with a flat tire.
  • Brosia Dennis ... 2009/09/12 02:01:21
    Brosia
    +1
    For every good, decent cop, there has to be twice as many asshole cops. The same night as my flat, I got pulled over for a busted headlight and plate light. I got a warning for it. Swear to God, 2 hours later, in a different town, I was pulled over again for the same thing. When I showed them the warning, he got all pissy and demanded that I take a bumper sticker off my car or he was going to impound me. The sticker was "Fuck Decaf". He was suck a prick about it.
  • Dennis ... Brosia 2009/09/12 03:19:23 (edited)
    Dennis C Latham
    +1
    I still say cops need to be taken down a peg.

    I know several good cops
    One who just retired and he was soooooo glad to retire because of all the corruptness.

    I didn't say anything to him .... but
    to me ? He was just as guilty for not reporting it to anyone......

    You know in a 3 month time period
    a few years back ?
    3 men found dead in city jail
    Montgomery alabama

    wasn't for swallowing drugs either.
  • Brosia Dennis ... 2009/09/12 21:38:19
    Brosia
    I agree that there are cops that need to get a taste of their own medicine, but I don't think that every cop is nasty. I see lots of posts on youtube about cops doing very bad things: choking out a 14 year old kid who has a big mouth, tossing an elderly woman to the ground for carrying a knife in a bag, pulling over an ambulance that had its siren on for not stopping at a light, with a dying woman in the back.

    But I cannot accept that all cops are like that. There was a cop that was shot in the head less than a block from my house because he dared to stop a thug that was on a crime spree. The criminal had ran a stop sign and was pulled over. The cop saw that he was high, had an open container, and called for backup, because the cop was on a bike. The bad guy is now rotting in prison.
  • Dennis ... Brosia 2009/09/12 21:44:59
    Dennis C Latham
    +1
    there was a cop killed here in Montgomery alabama
    someone who had a long bad record
    I also think he might have had warrants out on him


    You have to see it from my point of view.
    If cops did their jobs ? A lot of these crooks would be locked up.

    You would be suprised at the warrants out on people that they won't go out and execute.

    but I bet they will execute a traffic warrant in a heart beat.

    but not the other criminals
    leading me to believe - they allow these black criminals out only to hurt other blacks and kill other blacks.

    law enforcement has double standards I don't care what part of them you look at.
  • Brosia Dennis ... 2009/09/12 21:49:32
    Brosia
    +1
    I can absolutely see that point.
  • Dennis ... Brosia 2009/09/12 21:51:22 (edited)
    Dennis C Latham
    +1
    Now do you see why we get along ?

    open minds
    open hearts

    no closed ignorance among us
  • Brosia Dennis ... 2009/09/13 00:47:27
    Brosia
    +1
    Absolutely. These are the kinds of discussions that I came to SodaHead for.
  • Dennis ... Brosia 2009/09/13 02:10:19
    Dennis C Latham
    +1
    Me too
    but when I run into these block heads ?
    I plow right through them for trying to block my path to knowledge, wisdom and truth.
  • Brosia Dennis ... 2009/09/13 20:25:36
    Brosia
    +1
    Rock on!
  • me Dennis ... 2014/07/27 20:01:28
    me
    I think he means that it might get you OUT of getting a ticket for something that you could have been found guilty of. He might let you slide on a few miles over the speed limit or forgetting a turn signal or making a rolling stop if you are going to work and were running late and now you WILL be late because you got stopped for speeding. If you are walking and there was a crime near by, and they find out you have a job and are on your way to work, they might eliminate you from suspicion right away or greatly reduce the chance they will suspect you if you have an explanation for being in the same area as the crime. That said, that kind of stop is GREATLY abused when ther really isn't any crime.
  • Fef 2009/08/21 22:24:14
    Yes
    Fef
    +3
    I think law enforcement has the right to ask, but you don't have to tell them.

    Law enforcement has a tough job. Our government works by restricting them, not us. So they have to work within the confines of the law -- and asking questions doesn't break that.

    Just remember, you don't have to answer. You only have to provide certain things under the law -- ID, registration, proof of insurance (In California)...
    "Car...reverse...not...."
  • Dennis ... Fef 2009/08/22 04:21:22
    Dennis C Latham
    +1
    ha ha ha ha
    Killer boots
    LOL
    Thanks for the info Fef.
  • Citizen Phil 2009/08/18 15:46:50
    Yes
    Citizen Phil
    The police officer is guaranteed the freedom of speech by the first amendment. He/she has the right to ask you anything (Where you have been, where you are going, what you have or had in your car, etc.

    You must comply with a request for your driver's license and car registration. It makes sense to answer other questions, but you have the right to say or not say whatever you want. Just remember that the police officer will be making decisions based on your responses (including silence and facial expression). Being beligerent may give you a free ride to the police station to answer other questions.
  • Dennis ... Citizen... 2009/08/18 17:40:15
    Dennis C Latham
    um.... I'm good with the first paragraph .....
    and I believe that o a certain extent ....

    I've never heard of anyone getting a free ride to the police station for other questions .......
    Only to be arrested.
  • Jester 2009/08/18 01:32:34
    Yes
    Jester
    +1
    Yes, but you are not obligated to answer them. When dealing with police, the good rule of thumb is to always keep your mouth shut.

    The less you say, the better.
  • Dennis ... Jester 2009/08/18 02:11:40
    Dennis C Latham
    +1
    I can agree with that. They will use anything to use against you whether you are innocent or not.
  • Citizen... Jester 2009/08/18 15:54:05
    Citizen Phil
    +1
    I respectfully disagree with your advice to keep your mouth shut. You must have gotten that advice from a lawyer. Lawyers have a financial interest in being the ones who answer your questions for you.

    Your communikty will be a safer place to live if you cooperate with your police department. They need information in order to solve crimes. The questions that they ask at a traffic stop may provide them with clues to solve a crime. They might ask you where you are going because they know that a dangerous criminal is loose in an area that is ahead of you. The police are not normally the bad guys.
  • Dennis ... Citizen... 2009/08/18 17:44:32
    Dennis C Latham
    In my life time of knowing police and the things I've seen ?
    The police are the bad guys ......

    If cop wants to warn you about a criminal that is headed in the same direction ?
    It should go something like this .....

    I pulled you over because you are headed in a direction that some criminals headed.
    That's why we are stopping people to warn them ... We care about your safety.
    Now that would make me love police officers and respect them all over the USA ....

    The way they are now, and have been and only getting worse ?
    It's none of their business where I am going and the first thing I am going to ask when stopped is Why are you pulling me over or what is the purpose of stopping me in my right to travel.
  • Ron Ste... Dennis ... 2013/12/09 16:31:48
    Ron Stengel
    +3
    I believe the general problem with people complaining about not answering questions is, they have never had a bad experience. I grew up loving cops and thinking of them as near gods (as a kid). I had one really bad experience and it changed everything for me. They are out for promotion and advancement and the more they do, the faster they advance. This is overstated of course but the captain rewards good behavior which is tickets and charges which also brings in money for the city. Sometimes it is at the cost of your rights. Some cops will twist the truth and many are very good at doing it. They also see so much negative, they generally have a negative outlook of civilians. Unfortunate but true.
  • ɟʇʇoɔs 2009/08/17 23:04:18
    Undecided
    ɟʇʇoɔs
    +1
    I respectfully tell them that it is none of their business and it is not relevant where I am coming FROM
  • Dennis ... ɟʇʇoɔs 2009/08/17 23:17:51
    Dennis C Latham
    I agree ......
    but .... I do leave room .. if they were investigating a crime that just happened up or down the street .

    Then again ... they would lie and use that for the reason of them asking so they can be justified in asking ..... if this becme a problem later.
  • ɟʇʇoɔs Dennis ... 2009/08/17 23:19:04
    ɟʇʇoɔs
    +1
    Oh ok.
  • Dennis ... ɟʇʇoɔs 2009/08/17 23:29:02
    Dennis C Latham
    +1
    I think the first words that should come out of their mouth is the reason fro stopping you ...... PERIOD !!!!!

    No need for bright eye conversation and getting to know someone ....
    We don't pay them for that.
    There is a way to be courteous and professional when doing a civil job.
  • ɟʇʇoɔs Dennis ... 2009/08/17 23:31:03
    ɟʇʇoɔs
    +1
    exactly. I always hate when they ask if I know the reason why they pulled me over. DUH it was probably because I was speeding or my tag was out of date...
  • Dennis ... ɟʇʇoɔs 2009/08/17 23:35:29
    Dennis C Latham
    +1
    nothing wrong with getting to the point ...
    unless you are crooked and want to bet around the bush

    Try to automatically trip you up.
    When an officer of the law approaches me like that ?
    It's an insult.
  • Philo-Publius 2009/08/17 22:39:58 (edited)
    Yes
    Philo-Publius
    +6
    They have a right to ask, yes. You have the right to say "No," or, "I don't see how that is relevant," among other rights.

    When you are read your rights (Miranda) and they ask, "Do you understand your rights?" The CORRECT answer is, "No, officer, I DON'T understand... that doesn't sound right... it is my understanding that I have OTHER rights (natural or inalienable) which you have failed to mention. I do not accept the "rights" you are offering me."

    I would never agree to the short list that Miranda offers (and I am a scholar, I am not in any way "anti-government") and it just amazes me that people accept THOSE rights and then wonder why when they get into a courtroom they don't seem to have any rights and the judge tells them to sit down or they'll hold them in contempt... mystery explained.

    Good question, Dennis!
  • Dennis ... Philo-P... 2009/08/17 23:02:03
    Dennis C Latham
    +2
    O MY !!!!!!!!
    I am in total shock .....
    I have never been offered those rights ....
    I guess they go for felonies ......
    I'm going to copy and paste this into My Briefcase
  • Philo-P... Dennis ... 2009/08/18 00:23:40
    Philo-Publius
    +2
    Sure, man, thanks!

    We all need to stand up for our natural rights. I'm here to chat anytime you like, sir.
  • Dennis ... Philo-P... 2009/08/17 23:02:35
    Dennis C Latham
    +1
    um ..... I have plenty more if you are interested.
  • Philo-P... Dennis ... 2009/08/18 00:24:00
    Philo-Publius
    +1
    Sure. What ya' got? : )
  • Dennis ... Philo-P... 2009/08/18 02:12:16
    Dennis C Latham
    +1
    GREAT TO HEAR !!!!!!

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