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JasCo Metropolitan Police |





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JasCo Metropolitan Police |
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(You are cautioned, however, that this is not a legal advisory. ) |
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My friends got pulled over, and the police officer made us get out of the car, and sit on the curb. How come? When we are dealing with anyone, and especially when there's more than one person, our primary concern is officer safety and control of the scene. When we can't see what people are doing, they are more able to dispose of evidence, get weapons, take a swing at us, or simply run off. One of the easiest ways to keep people under observation and control is to have them sit down, and the curb is usually the best option. Having people sitting in a car isn't particularly safe, and having them standing around doesn't usually work well either. Sitting on the curb provides the most control and safety, and we don't think it is demeaning for the people involved. |
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Is it true you're supposed to put your hands on the steering wheel when you get pulled over? You don't have to, but it's not a bad idea. It's a really good idea if you happen to have a weapon on your person or in your car, legal or otherwise. Traffic stops are a hazardous activity for everyone, because a lot is happening at once, and the car is usually stopped even before we get all the wants and warrant information on it. We don't always know what we are walking up to, and anything you do to help us with our safety concerns is a good thing for everyone. Whatever you do, don't reach under the seat and make us concerned you are going for a weapon, or hiding weapons or drugs. |
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Are you supposed to have a reason to pull someone over, or can you just do it? We can pull someone over for any violation of the vehicle code, even if it's just a license plate light out. We can pull someone over if we have reasonable suspicion and/or probable cause to believe they committed a crime. We can pull someone over if they are driving erratically, or weaving down the road, and we suspect them of drunk driving, even if they have not committed a specific violation of the vehicle code. We can pull someone over cruising slowly in the middle of the night with no apparent business, to investigate what they are up to. And, we can pull someone over if they appear too young to be driving. In other words, there are lots of possible reasons, but it's got to be more than just because we felt like it. If you get pulled over, it's perfectly fair to ask why, and you should get a legitimate reason. |
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Can a police officer make you get out of the car when you're stopped? Yes, we can, according to court decisions. We have broad latitude in matters of officer safety, and we can make people exit a vehicle and stand in a safe place for a reasonable amount of time to accomplish our business. If you refuse, you may be guilty of obstructing an officer, which is a crime unto itself. Normally, we don't get people out of cars unless we think there is something going on, like another crime. |
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Can you handcuff people even if you don't arrest them? Yes. Anytime we detain someone (make them stay until we decide if we are going to arrest them) we can handcuff them for our mutual protection if we believe it is necessary. If no further action is warranted, off come the cuffs, and they are on their way. |
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My friend got arrested and no one ever read him his rights. How come? Your Miranda rights (to remain silent, to have an attorney, etc.) are only applicable prior to an in-custody interview or interrogation. Therefore, for an adult, there is no requirement that we advise you of your rights unless you are in custody, and we want to ask you questions about the crime. So, if you are being arrested for a traffic warrant, we may never advise you of your rights. If we question you, and we can't reasonably prove you were advised of your rights, then the confession, if you make one, may be in jeopardy but nothing else is. For the same reason, if we question you in your home, and you are not in custody, advisement of rights is a non-issue. We usually err on the side of over-advisement, especially if it's a really serious crime, so we won't have that as an issue later in Court. |