Friends pulled over, reason?

[Tithera]

A few friends of mine were pulled over last night. When they asked why they were pulled over, the cop says their tags were expired. Reasonable. He then procedes to harass them, asking them have they been drinking, drugs, etc. They answered no to all these.
Cop: You've been drinking. Get the fuck out of the car!
Freind 1: *driver* excuse me? No sir, I haven't been drinking. (he hadn't either.) Do you smell any alcohol on me? Do you see any empty bottles or what in the car?
Cop: Do I have to arrest you for resisting?!

So, they get out and are put through a field sobriety test. Lo' and behold, they both pass. He's still convinced they're drunk. Now, a back up officer arrives and assesses the situation. He takes Friend 2, the passenger to his vechicle because it was her car (she was too tired to drive, so had Friend 1 drive her home just to be safe.) They call her dad to sort out the expired plates, etc when the back-up notices that the plates and tags are no where near being expired. The first cop's new reasoning behind pulling them over:
"They're college kids out at 3 in the morning! They're obviously up to something!"

Seriously? His reasoning behind pulling them over was because of their age? Really? Now, I know that most of the college kids in this town are up to something, but that's technically profiling and that's illegal. He freaked out my friends for no reason and nearly arrested one of them for "resisting" for no reason. Sometimes, I wonder about certain law inforcement officers. Makes my head hurt thinking about it.

[Sapphire Silk]

You can file a complaint with the law enforcement agency in question.

When pulled over by the cops always say "yes sir no sir" and comply with all requests no matter how unreasonable. Then you have more to fight with in a situation like this for harassment.

[mikoyan29]

Make sure you get their badge number too.

[LillFilly]

Oh, that situation was full of wrong, I don't care how many college kids get in trouble; just being that age is not a legit reason in itself to get pulled over. Hope they complained to the officer's superior!

[protege]

Sounds like a certain local police department... They had a well-deserved reputation for pulling people over, simply to harass them.

In fact, one of my friends was one. He was in high school, and was cruising around in his father's Jaguar sedan. He wasn't doing anything wrong--he and his friends were simply heading to baseball game, IIRC. But, as soon as he hit the city limits, the suburban cops (oddly enough, the same department involved in the death of Johhny Gammage less than a year later, and involving a similar car...) pulled them over.

Cops, with guns drawn , made everyone lie on the ground, dumped everything out of the car, and proceeded to chew out my friend. They were on the ground a good 15-20 minutes, before the cops decided that they "weren't the ones they were looking for" and left.

I'm sure my friend and his parents complained, but it didn't do any good. At the time, that department was pretty corrupt...and from what I understand, still is.

[RecoveringKinkoid]

You can file a complaint with the law enforcement agency in question.

When pulled over by the cops always say "yes sir no sir" and comply with all requests no matter how unreasonable. Then you have more to fight with in a situation like this for harassment.

I agree with this except the part where you say comply with all requests no matter how unreasonable. You should compy with all requests EXCEPT the ones that cause you to waive your rights under the constitution. Asking you to waive your rights is an unreasonable request.

In other words, don't consent to a search, and don't volunteer information.

If I were pulled and treated like this, and the cop asked me if I wanted him to arrest me for resisting, I would have to assume I was actually being arrested. You can't arrest someone for resisting arrest. That doesn't make any sense. How can you resist if you aren't being arrested? So I would say "Am I under arrest, officer?" And then react accordingly. If the answer is "yes", then you shut your mouth until you are in the presence of legal council. If the answer is "no", you then ask if you may leave.

[Jack]

You may find these useful. The only things that I will ever say to a police officer who is interacting with me officially:

1. Am I under arrest?
2. Am I being detained?
3. I do not consent to a search.

[RecoveringKinkoid]

You may find these useful. The only things that I will ever say to a police officer who is interacting with me officially:

1. Am I under arrest?
2. Am I being detained?
3. I do not consent to a search.

That pretty much covers it.

[slavetotheman]

IANAL but my understanding is that when you're pulled over, you are technically under arrest even though you're (usually) not ordered out of the car, cuffed, etc. Thus, not complying with officer's requests (or demands, as the case may be) might result in a charge of resisting arrest. But again, don't quote me on this.

It's stories like this that perpetuate the stereotype of the cop-as-bully and create animosity towards a profession that really should be held in high esteem. But it only takes one apple...

[Jack]

That's probably why YANAL. :P Might vary though. IANAL either, I just have received guidelines on my rights.

[Jack Doe]

IANAL but my understanding is that when you're pulled over, you are technically under arrest even though you're (usually) not ordered out of the car, cuffed, etc. Thus, not complying with officer's requests (or demands, as the case may be) might result in a charge of resisting arrest. But again, don't quote me on this.

It's stories like this that perpetuate the stereotype of the cop-as-bully and create animosity towards a profession that really should be held in high esteem. But it only takes one apple...

If you are pulled over, you are NOT under arrest. A standard traffic stop, aka a "Terry Stop" (from Terry v. Ohio, 1968) is a temporary detention for the purpose of investigation due to "reasonable suspicion" of a crime. For example, you have been pulled over because you're weaving, suspicion of DUI. Although he/she may not know if you're drunk, he/she can stop you and find out. You are being "detained" and it must be for a reasonable time (most jurisdictions specify between 15-20 minutes to be the max.) The officer can question you to determine if you're drunk. The officer can ask you to do a field sobriety test. You are not required to do so. If you do so, you can choose to stop at any time (5th Ammendment right against self incriminiation.)

If the officer actually places you under arrest, you'll know it. They will specify that you are under arrest (and no, they don't have to tell you why until you are formally charged, but they usually will.) They will read you your Miranda rights (or a reasonable rendition of them (Florida v. Powell, 2010)).

Now, as far as "comply with all demands, no matter how unreasonable," don't. There are allowable and reasonable demands, and there are ones which aren't. You can be searched on command and without warrant for weapons or other things that may harm the detaining officer. This also falls under the allowances for "Terry." If a demand seems unreasonable, politely decline.

And as far as asking for a badge number, don't. It makes you look retarded, and very few departments still use them. For instance, where I live and work (4 jurisdictions) both Sheriff's departments, the city PD, and the Highway Patrol, none use a badge number.

[Pagan]

IANAL but my understanding is that when you're pulled over, you are technically under arrest even though you're (usually) not ordered out of the car, cuffed, etc.

If the officer actually places you under arrest, you'll know it. They will specify that you are under arrest (and no, they don't have to tell you why until you are formally charged, but they usually will.) They will read you your Miranda rights (or a reasonable rendition of them (Florida v. Powell, 2010)).

Exactly. If you were under arrest just by them pulling you over, the first thing they'd do is Mirandize you and then you wouldn't have to answer a single question if you didn't want to without a lawyer being present.

Which would really throw a monkey wrench into DUI stops.

[RecoveringKinkoid]

What do the acronyms mean?

[KMCA]

An officer CANNOT search without your permission. If (s)he suspects his life is at risk then yes otherwise they cannot.
They know this and use the same technique I do to conduct searches
"I'm going to search you, ok?" It's asking permission albiet few will understand that you are asking their permission and just blindly submit or say 'ok'

Making you lie on the ground is also a big no no, unless they think you'll run it's a real dick move when you can just be told to sit backs to the car, with or without cuffs on. Nice thing about my city is that the cops are only barely corrupt, combine that with extreme laziness and it works out fine.

[RecoveringKinkoid]

Well, they can search you without consent, it's just that if they do when they don't have just cause, and nothing is found, I think you can sue them.

If they search you without just cause and without your concent, anything they find on you can be supressed in court. Even if they find something illegal.

If they have just cause and you don't give consent, they can legally search you, but the key is that they have to have just cause.

Same goes for your house or car.

If fact, if they pull you over and ask you to step out of the car, go ahead and do it, but close and lock the car behind yourself.

If they pull that "I'm just going to look around, okay?" state that you do not consent to a search.