Police pulled me over question

I live in Maryland and was recently pulled over by a county cop on a local main highway. It was after 10 pm and I was driving my car with my wife and kids in it. The cop (young male) asked me for my driver's license and registration. Since I didn't know the motive for him pulling me over, I then politely asked him why I was being pulled over. He then yelled again "license and registration!". I didn't feel like arguing since it was late and I was only 1/2 a mile from home and the kids were tired. I complied and gave him my license and registration.

He asked me if I still lived at the address on my d-license and then said my tag light was out and tag sticker was improperly placed on my tag. When pressed for more information, he said my sticker was in the middle of the tag instead of the top right. Since I knew he didn't see that when he initially turned his lights on and chased me down, he must have invented this after walking up when we pulled over. I told him my sticker had been in that spot for years without any complaints. He said Maryland laws "required them to be placed at the top corners on the tag".

When I got home I found out my tag lights (2) were out but tapped on them and they came back on.

In any case, he issued me a repair order to be completed within 10 days.

My question is do I retain any rights since he didn't tell me why he pulled me over until he got my driver's license and registration? It's a moot point anyway since he can dispute it regardless.

Just trying to know for future reference.

reply to post by Jaellma


The way I see it. You were smart to go along with the cops acting out. Especially with your family there. Even though it sounds like he was just pulling you over to exercise some authority on people minding their own business it can go bad when you make the cop feel like he has no control over the situation. Cops are all about control and things will escalate quickly if handled wrong.

I try my absolute best to not have anything to do with them. Louisiana has some of the worst coppers in the nation. I've known truck drivers that take a route through arkansas just so they don't have to deal with LA state troopers.

The way I see it you really have no rights when the cops stop you for something. Many of the cops see it this way also. And the cops are always right in the judges point of view. In the end it will always be your word against his/hers and the cops can say you were doing something wrong, even if you weren't. The constitution is just a peice of paper and has no revolver, taser, pepper spray or ballistic armor.

"The illegal we do immediately, The unconstitutional just takes a little longer." -Henry Kissinger

Doing what you did, just being nice and nodding your head and agreeing with him is the best thing you could have done. Even if it feels like the last thing you should do.

reply to post by Jaellma


I know some answers to this question because I recently had a run-in with police doing an illegal search and seizure on my house, for which I was not prepared.

The police are required to keep an audio recording of all of their traffic stops, and everything they do. So you could ask the question "What are my rights?" and if the police officer does not answer this, it can be used against him in the court of law. You could also ask "Do I have a right to know why I was pulled over, officer?" and if the police officer lies about this, it could be used against him in the court of law.

If the police officer then wanted to search your car, you could say, "I'm sorry officer, but I am uncomfortable with people searching my car. Do you have a warrant or probable cause? If not, I am going to have to ask you to get a warrant."

Also, you could ask to call your attorney while at the traffic stop if you wanted to. After the event, when you hire an attorney, you can ask the attorney to file for disclosure, which means that the police are going to be forced to hand over any files or procedures they used when pulling you over, including their audio recording.

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In fact, when talking to my aunt about similar issues about the N.S.A. roving wiretaps and how police officers are being trained to rewrite the series of events that led up to the arrest or warrant to make it appear legal, my aunt informed me that if you request disclosure, the police are going to be forced to hand over the real documents, and it they fabricated anything, that means that your case is going to be thrown out completely.

When a warrant is issued, it is issued for a specific person and a specific place, only. Therefore, violation of these terms results in evidence that cannot be admitted to court. What makes the roving wiretaps that the N.S.A. uses illegal, is that they are not using a warrant, and even if they were, the warrant would be illegal because it would be issued for multiple (as in everyone) people in multiple (for example, one cell phone or computer is considered one location) places.

That is why the police have to lie about how they got the information, however, you now know the proper legal defense for this as well.

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These are all options you have, as you can see, I kind of set them up so that there are multiple back-up plans to use in the order you see fit, therefore, you always have another card up your sleeve. It should help you feel more confident, at least. Especially knowing that you will nearly always have a back-up plan to use in case your current technique fails.

Hopefully now that you know some of your rights, you can engage in conversation with the police officer that is less stressful and more professional.

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A good conversation starter is, "Is there a problem, officer?" because that is pretty common place and non-threatening and not suspicious, you know?

When u deal with a cop you record the conversation with your super brand new shinny iphone 4s that cost a fortune
and second you put a sticker "this car is under suveillance" so all angles are covered.

reply to post by TheMasterOne


The cops are required to keep audio recordings themselves, actually! So if your attorney files for disclosure, she will get access to those. My attorney works on death penalty cases, so she knows this kinda stuff

reply to post by Jaellma


he could have seen that your " tag light " which I assue = " licence plate light " was inoperative - and in most juristrictions that is an offence - and you can be pulled for it

reply to post by ignorant_ape
Agree with your assessment but that is not the issue here.

I am merely inquiring on my rights to know why I was pulled over before surrendering any documentation.

Front and rear dashcams at all times record any police interview. Supplement this with a dropbox recording from your smartphone.
Of course all of this video is for officer safety.
The idea someone had about posting a sticker "this vehicle under surveillance" is an excellent idea as well, it let's any bully know that this dog has teeth, look for a softer target.

reply to post by Jaellma


I have found that if I have all my documentation in hand before the cop even walks up to the window, you take a lot of air out of their sails. (Also being polite helps and wishing them a "Good evening officer, How may I help you?)

I also noticed a vast difference between cops attitudes on the day shift vs. those on the night shift. I asked a career LEO friend about this one day. He laughed and said the day shift guys are usually more complacent and hate having something muck up their routine, and that the night shift guys are more paranoid because more things go bump in the night. (My friend is one of the good cops as he has taken down a few corrupt cops in his day, he's also HUGE like a bear and extremely mellow)

Anywhoos back on topic, never consent to a search without the super there either. That creates even more paperwork for them, which most people (not just cops) absolutely hate.

I think that you probably handled the situation just fine though I'm sure it was a nuisance. Look for the disconnect in your light though so you don't get pulled over again. Simple fix.

I've been pulled over many times- things like lights out, suspended license, excessive speed....

Every time, I had my license and registration in my hands before the officer made it to my window, and had both hands on the steering wheel.

Every time, I was let off with a warning to correct the issue... was even released by a California Highway Patrol officer with a warning after being clocked doing 114 in a 55 zone with 0.05 BAC simply by being polite and non-confrontational; there's a bit more back-story to that- my car had tinted windows and the cop was speeding up and slowing down essentially 'egging' me on but I was calm and compliant after being pulled over but had I been otherwise my car would've been impounded and I'd have spent the night in a brick room.

Little things: have your window down and have the paperwork in your right hand before they get to the car; use "sir" or "ma'am"; do not argue, but at the same time do not admit- use terms like "I understand" and "I appreciate" as well as "I was unaware" and "did not realize".

You have no rights other than comply with the officers request. Why didn't he ask you for proof of insurance?
If you have issues with the stop there are many different things you can do-afterwards-to complain. Arguing with a policeman is the stupidest thing you can do. Put yourself in their place and just follow orders.

The whole issue of having a reason to stop you is only valid in a court of law as relating to evidence and how it can be presented-it means nothing in the field. The courts have already approved that during an Amber Alert, if you are driving within the zone, then police officers can order you out of the car and search it with no prior warrant.

Jaellma
reply to post by ignorant_ape

 

Agree with your assessment but that is not the issue here.

I am merely inquiring on my rights to know why I was pulled over before surrendering any documentation.

Wow...you think you can operate a vehicle on public road in the USA without providing proof of a properly registered vehicle and an operator's license?

Anytime the police pull you over and ask you for these documents, you must immediately surrender these documents. They do not need any reason to pull you over to the side of the road.

Understand?

When I made a traffic stop I always started off with:

"Hello, I'm officer _______, the reason I pulled you over is because _________. Could I see your drivers license, registration and insurance please?"

An officer should always identify themselves and explain why they made the stop. Also, according to our oath,

I will enforce the law
courteously and appropriately without fear or favor, malice or ill will, never
employing unnecessary force or violence and never accepting gratuities.

Arkansas Code of Ethics for Law Enforcement

Just a traffic stop and they are common place. You handled well and came out of it alive and uninjured. Encounters with the law get riskier day by day.

If you decline a search of your car, can't the cops just make up anything they want, especially using the decline as 'evidence' of suspicious behavior, to search your car?

If they see something in plain sight that they claim is probable cause they will. Otherwise they can get a drug dog on scene which will then "indicate" possible drugs and there fore cause.

reply to post by Jaellma


It's weird cause A.) Why in a state where they require it be in the corner would they the state place it in the wrong spot? And B.) I got pulled over for the same thing a month ago coming from Florida Moving to NJ I was pulled in South Carolina. I also had my child with me. The funny thing is I thought it was funny cause for some reason (maybe the lack of sleep) I made jokes about it the entire time with my daughter (When the cop wasn't by my car). I said stuff like Here I am moving to NJ FROM Florida and nobody does that,(I also said Nobody moves TO NJ and that the cop would probably think we were transporting drugs if he asks why we're driving to NJ) and my daughter said "Can we bribe him with a donut?" And stuff...then of course he asked what was my reason for being on the highway that time of night (It was 2 am) I said we're going to NJ, he asked why? PRICELESS Look on his face when I said we're moving there...lol Anyway he gave me the same 10 day warning order which as soon as he walked away from the car I burst out laughing over cause he wouldn't have a clue if it was fixed or not seeing as how I wasn't staying in SC. Plus he was cute, yes I am a woman.

What was even funnier is he couldn't read my ins card right and thought it was expired, so he told me "Your insurance is expired" I said "No way I just got it two days ago" He couldn't read the date thought it said 10/02/2013 it said 2014" But stranger still he was going to let me go even though he thought the ins had expired (Which is by far a worse offense than a tag light being out!!!)

reply to post by ldyserenity

and my daughter said "Can we bribe him with a donut?"

Now that is some funny shoite

I think the question is: does the cop legally have to provide a reason for why he pulled you over, and in this case does he have to provide that reason before he asks for a valid DL/ID?

To the latter I'm not sure, but since one *is* operating a motor vehicle, regardless of anything else, one *has* to have a valid DL. And because the cop sees you behind the wheel that gives him the right to demand a DL whether before telling you why he pulled you over or not?

I thought that ANY type of detention (and a traffic stop IS a detention) requires a REASON to be provided. How soon, I don't know. I'd have to look at the law.

That said, I have NEVER been asked for registration. EVER. I mean, when the cop runs the tag it tells him whether the registration is valid or not.

reply to post by Liquesence

Really? Never been asked for registration? They always ask for DL & Reg here. Every person I have run into got the same treatment, and I have been pulled over many times. Maybe it's a Georgia thing.

Anyway, I guess what prompted me to ask him why I was being pulled over was he NEVER identified who he was. He just barked out "license and registration", twice. I had to ask him who he was before he told me, and this was after he got my docs. Sooo, strange but unnerving incident.

I have had my share of run-ins with cops but that one had me scratching my head. He seems a bit tense when he approached my car.