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You’re driving home from work and your mind drifts from the events of the day to who would win some hypothetical historical matchups. Like, if say Teddy Roosevelt and Sasquatch stepped into the ring, who would come out the victor? Would TR’s boxing and wrestling prowess win the day, or would Sasquatch’s brute strength be too much for the prez to overcome?
Little do you realize, your foot is getting heavier and heavier on the gas as you imagine this battle for the ages. Pretty soon, you’re going 58 MPH in a 45 MPH zone and you don’t even know it. Just as you imagine Teddy perform a Sasquatch Suplex, the flash of red and blue lights in your rearview mirror brings you back to reality.
Crap. You’re getting pulled over. Stupid Sasquatch Suplex.
I can still remember the first time I got stopped by the police. My heart sank in my chest, my palms started sweating, and I was nervous as all get out. I had no clue what I was supposed to do. Where should I pull over? Do I turn my car off? Should I have my license and insurance ready before the officer arrives at my window?
While getting pulled over by the police is never a pleasant experience (unless you enjoy paying traffic fines), there are a few things you can do to make it less stressful for both you and the officer. To find out what you should do if you’re ever pulled over in a traffic stop, I talked to AoM readers Phil Hull, a police officer from Georgia, and Andy, an attorney also from Georgia. (Georgia AoM readers were really responsive to my tweets asking for help. Southern hospitality for the win!)
Note: This article focuses on traffic stops for minor traffic violations like speeding, rolling through a stop sign, or having a broken taillight. It also assumes that you’re not doing anything criminal like driving while intoxicated or possessing illegal drugs. That’s a whole other ball game. Also, this article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.
Put Yourself in the Officer’s Shoes
According to Phil, the first thing that citizens need to know about traffic stops is how extremely dangerous they are for officers. “Traffic stops are one of the most dangerous and unpredictable aspects of law enforcement — second only to domestic disputes,” he says. Statistics back up Phil’s claim. According to the National Law Enforcement Officers Memorial Fund, traffic stops are one of the leading causes of police deaths. What makes traffic stops so hazardous?
First, there’s the danger that the pulled-over motorist poses to the officer. Sudden and violent attacks are common. Dozens of officers are killed each year by gun fire during traffic stops. The second threat officers face while making stops is traffic. Officers getting hit by passing vehicles is, sadly, too common.
Knowing the dangers that traffic stops pose to officers should guide your actions whenever you see those flashing lights behind you. The advice that follows boils down to two key points: 1) pull over to a safe area and 2) don’t do or say anything that will make the officer think you’re a threat. Below we flesh out this bit of general advice.
What to Do When You Get Pulled Over by the Police
Acknowledge the officer by turning on flashers. To let the officer know that you’ve seen his lights and that you plan on pulling over, turn on your emergency flashers. Phil recommends you do this if you think you’ll need to drive a distance before you can find a safe place to pull over.
Pull over to a safe area. Typically, you want to pull over to the right side of the road. When looking for a spot to pull over to, think “safety first” for both you and the officer. Phil recommends looking for an area with a wide shoulder so passing traffic isn’t a hazard. If it’s nighttime, look for place that’s well lit if possible. That will help put the officer at ease. Parking lots and well-lit side streets are other safe places to pull over to.
“If you need to travel a short distance to pull over, do so at a slower pace than you normally drive,” Phil recommends. You don’t want the officer to think you’re trying to make a getaway. Also, if you need to cross multiple lanes to pull over to the right-hand side of the road, do so safely.
Stay in the car. If you get out of the car as soon as you stop, it may give the impression to the officer that you’re going to be aggressive or you have something to hide in the car. Just keep your bum in your seat.
Turn off engine, roll down window, and turn on your dome lights. As soon as you come to a stop, turn off your engine and roll down your window. If it’s dark out, turn on your dome light so the officer can see what’s going on inside the vehicle as he approaches.
Stay calm. It’s common to get amped up whenever you get pulled over. Take some deep breaths and relax. Unless you’ve done something outright criminal (i.e. driving intoxicated, possessing illegal drugs, etc.) there’s nothing to be nervous about. The worst that can happen during a routine traffic stop is that you’ll have to pay a fine. Oh, and your insurance will probably go up. Pretty sucky, but not the end of the world. If it helps, it’s good to remind yourself that the officer is probably nervous too.
Stay still and keep your hands on the steering wheel. Keep your hands resting on the wheel and remain still as the officer approaches your vehicle. You don’t want to give him or her any reason to believe you’re a threat.
If you plan on fighting your ticket, keep answers short and don’t directly admit wrongdoing. Everything you say to an officer is admissible in court, so if you plan on fighting your ticket, Andy suggests not saying anything that indicates you are guilty. Officers will typically ask questions to get some sort of admission out of you when they first walk up to your window. For example, “Do you know why I pulled you over?” Don’t say, “I was speeding, sir.” Simply say, “No” or, “I don’t know.”
But sometimes, saying “I’m sorry” works. However, Andy states that sometimes it doesn’t pay to be coy like this with the officer, and that it’s better to just fess up and apologize. “If you accidentally roll through a stop sign and immediately apologize, they may let you off with a warning.” If you don’t plan on fighting your ticket, just say, “I’m sorry, officer. I was imagining Teddy Roosevelt with Sasquatch in a headlock. I’ll pay more attention next time.” I’ve gotten off with just a warning a few times by saying those words, showing the officer some courtesies, and being polite
Wait for the officer to ask for your documents. Don’t try to expedite the process by getting your license and registration ready while the officer approaches your car. For all he knows you could be reaching for a gun or trying to hide some sort of incriminating evidence. Wait until he or she gets to the window and asks for your documents.
Move deliberately. When you do reach to get your license and registration, do so deliberately. “A quick reach into the glove compartment for your insurance paperwork looks the same as a quick reach into your glove compartment for a weapon,” says Phil. If your wallet is in a gym bag in your backseat, let the officer know before you turn around and rummage for it. Quick Tip: Try to keep your glove compartment relatively organized, and your documents together, so that when you pull the box open, you don’t have to frantically sort through 20-year-old maps and wads of receipts to find your registration.
If you’re carrying a gun, let the officer know. Some states have laws that require concealed carry owners to inform officers that they’re carrying a gun anytime they get pulled over. These are called “must inform” states. Officers are allowed to ask for and hold the weapon for the duration of the stop.
Even if you don’t live in a “must inform” state, as a courtesy to the officer, you might want to disclose the fact that you’re carrying. Nothing puts an officer on red alert like seeing a “print” of a gun through a motorist’s clothes.
Return hands to the steering wheel. After you’ve handed the officer your paperwork, return your hands to the steering wheel. “It keeps them visible to the officer,” says Phil.
Be civil. Be polite and respectful in your communications with the officer. Yes, it sucks to get a ticket, but calling the officer names, threatening him, and being rude won’t get you anywhere. In fact, it could make things worse. If the officer happens to be a woman, refer to her as “officer” or “ma’am,” not “sweetheart” or “honey.” She’s an officer of the law, show some respect.
You don’t have to consent to a search. In order to search your vehicle without your consent, an officer needs probable cause – maybe he smells something in the car or sees a bottle on your seat. If he doesn’t have probable cause but wants to search your car anyway, he’ll need your consent and may ask you something like, “You don’t mind me taking a look in your car, do you?” Even if you haven’t done anything illegal, it’s usually a good idea to exercise your Fourth Amendment right in this situation and decline the search. “While you may believe you have nothing to hide, you never know what could come up. Maybe a friend left an empty beer can in your back seat during a tailgate party, and the officer will charge you with an open container violation,” Andy explains. Politely decline the search by saying, “I don’t consent to a search, officer,” loud enough so it gets on the police recorder. That’s it.
Don’t argue. “The side of the road is not the place to argue a charge,” says Phil. If you want to contest the ticket, you can do so in court and in front of a judge.
Sign the citation. If the officer decides to issue a citation, he’ll ask you to sign it. Sign it. It’s not an admission of guilt, it’s just recognition that you’ve received the citation and that you promise to either 1) pay the fine or 2) show up to court on the designated date. “A signature on a citation in most jurisdictions is in lieu of you posting a cash bond. Posting a cash bond generally consists of a trip to the nearest jail or judge and may include a booking process and fingerprinting. It is always easier to sign the ticket,” says Phil.
Be safe when merging back into traffic. Phil recommends taking your time to store your belongings before you re-enter traffic. “If you’re upset, collect yourself before driving away.” When you’re ready, turn on your signal and merge back into traffic. This time, avoid any mental fight simulations involving Teddy Roosevelt and Sasquatch until you get home and are safely ensconced in your man chair. Stay safe out there.
Got any traffic stop stories? Any other tips you should follow when getting pulled over by the police? Share them with us in the comments!
Thank you to Phil and Andy for offering their advice for this article.
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I’ve found that officers want to know if you are not carrying just as much as if you are. He may already know if you have a permit. I use the following line: (Hands on wheel) “I want to infirm you that I have a carry permit, and that I am/am not armed.” Last time, the officer said “Thanks… if you don’t draw yours, I won’t draw mine.”
I have a serious problem with police officers running my firearm serial number “to see if it is stolen”. Where is the probably cause? I haven’t seen a court case on this but this is, in my opinion, an illegal search. There is a place that makes special tape that you can put over the serial number at which point it is not in plain view, but I don’t understand why police officers automatically assume that they have the right to detain you while checking something that they had no reason to check in the first place. This is one reason why I don’t generally tell the officer that I am carrying unless it is totally obvious. I also switched my wallet to my left back pocket when I started carrying on my right hip.
Other than that, all great advice. Never consent to any sort of search, be polite, don’t admit anything. If they ask you to get out of the car, you might also think about locking the car and putting the key in your pocket to make it harder for them to conduct a search illegally.
The fact is, you don’t need protection from the vast majority of reasonable and good cops out there, but it only takes one bad officer to put you in serious trouble.
Should you be carrying a concealed weapon, I highly recommend handing over your concealed carry permit along with your license when their officer asks for your papers. Generally, they’ll just ask where the weapon is located. Tell them. This is good practice, especially should you be traveling in a state where your permit is honored (i.e., I’m from FL, many other states honor my permit, but some do not) — that way, if it’s a must inform state and you’re not sure you can go ahead and ensure compliance.
I find it interesting that so few commenters state the obvious: that if you actually follow the law (don’t speed!) you’re far less likely to be pulled over in the first place. Why do people speed all the time? I’ve been there with feeling the pressure for a late and important appointment but very rarely does speeding do anything but get you to the next light a little faster (try driving the speed limit and watch the speeders around you and how frequently you both end up stopped together at the same light). And the risks of being in an accident (or causing one in your wake – that you may not ever even be aware of) are very high compared to if you drive the speed limit. Just not worth it, even in the rare case where you might get to your destination a few minutes sooner.
Calvin, more than 400 years of English/American legal history requires the officer to presume that your firearm has not been stolen unless overwhelming evidence to the contrary is present.
Presumption of innocence by police is mandatory. On-site examination of all potentially exculpatory evidence by police is mandatory.
The fact that we’re having this conversation right now means that, to quote “V,” “something is terribly wrong with this country.”
Wrong. Do not sign the ticket. Ever. If you do so you are admitting you stand under the Traffic Act and will accept the fine or judge’s decision. Accept the ticket under duress, instead.
Source: I was a traffic cop for 5 years.
Young women, when being pulled over by an UNMARKED police car should ALWAYS find a public place (a McDonalds parking lot… anywhere beside a spot on the side of the road). Many predators masquerade as cops and either attack young women during the “stop” or record their address and attack them in their homes.
Another option is to call 911 to confirm that the officer is, in fact, legitimate BEFORE pulling over.
There’s an internet hoax about dialing 112 or something, but it’s a hoax.
112 is not a hoax, its the emergency number in most of europe. So if you get pulled over in europe or witness any trouble dial 112.
Ugh, please stop saying the 112 emergency number is a hoax. It isn’t. It’s the designated number for emergencies everywhere in the EU, and it’s also designated as an emergency number in the GSM standard. That means it’ll work on any GSM mobile phone anywhere in the world. In the US it just redirects to 911.
http://en.wikipedia.org/wiki/112_(emergency_telephone_number)
Ran through a red light (unknowingly) because I wasn’t paying attention to the light, as a cop was trying to turn into the lane I was in, coming pretty close to a collision. He kindly waved me ahead and popped those red and blues. Now I thought for sure I was about to get, at the very least, a nice big ticket, but as I was raised to do I addressed him as sir at all times, admitted I simply hadn’t noticed the light change, and offered an apology. After running my license and such he comes back, returns my information, and very jokingly says ‘Next time watch out for those red lights.’ and walked away. Just goes to show honesty and courtesy can get you out of an almost sure thing, so always treat Law Enforcement with the utmost respect. Who knows, could save you a hefty fine someday.
The best experience I’ve had with a traffic cop happened as I was driving on the PA Turnpike. The cop hits his light bar and I pull over. He pulls up on the right-hand side (there was a wide gravel area on the right, leading to an overpass and turnaraound) and rolls down the window while giving me the “roll down your window” finger gesture. I comply and he just yells, “Slow down!” and takes off, slinging a bunch of gravel.
One time I got pulled over in a rented cargo van with my friend driving doing like 70 in a 55. It was right before a toll booth so the speed limit had dropped. We have a third guy sitting in the back in a lawn chair. When the lights come on we try to hide him on the floor under all our bags. The cop pulls us over. “So, how many people you have in this van?” My friend tells the truth, and the cop goes, “I don’t know what he’s doing back there, he could be hiding and trying to snipe me or something.” At this point my friend offers the wonderful explanation “I was on the phone and I missed the speed limit sign.” AND HE GETS OFF WITH A WARNING! Unbelievable. Yet I can’t get off doing 12 over for a split second in a similar situation… driving a rental van and picked up too much speed on a downhill less than 5 miles after I picked it up.
Valentine’s Day weekend, 2009: going from a concert in Norfolk, VA to Charlottesville to meet up with a girl. Running on 5 hours’ sleep in the last 24 hours, so I figured going fast would help me stay awake. The trooper who pulled me over didn’t see eye to eye, and at the eventual court hearing I did 4 days in jail for doing 129 in a 65.
Its a shame that this article needs to exist at all. Here in Australia being pulled over is very casual, no one is sweating over if they’re going to be shot or not.
I have a six-year-old daughter, and one morning caught her lying to me and gave her a long lecture on honesty, integrity and keeping your word true. Of course, later that day I was pulled over for driving 7km/hr over the limit, and the policeman asked, “Do you have a valid reason for…”. I gestured to my kid, and said, “No, sir, I did the wrong thing, wasn’t concentrating and it’s my fault, and I will accept the consequences, I can’t very well teach my girl to lie.” He fined me double. Some cops are just like that.
Another point, I notice much of the discussion revolving around how to handle announcing you have a gun. Here in Australia, nobody can carry as much as a pocket knife without a lawful reason to have it — ie going camping — and therefore if a gun is present, you can bet you’re about to have a very bad day.
I too assumed that you always wait in the car when stopped by a cop, as is the practice in New York state, where I live.
But when I was stopped in Florida years ago, on one of the Keys, the officer stayed in his car and ordered me via his megaphone to get out of mine.
Oh yes, be a good little surf and treat the “officer” with respect. BS!!! Traffic court is an Illegal court in which the presumption of innocence is not provided. Here’s the shortest bestest way to handle any traffic stop.
1) Immediately fetch your “papers” Lic, Reg, and Insurance card before he steps up to the car (who give two flying shittes what he’s afraid of).
2) When he speaks to you or asks his opening question simply tell him that you decline to answer any questions and have him understand that you are waiting for his instructions to let you know when you are freel to leave, decline any search requests and provide your papers only when asked.
3) After your initial statement SHUT UP, say nothing more to the “officer”.
4) Object or no to the tickey you’ve given him nothing to use in court and you offered only cooperation to his requests for ID. That is your ONLY civic responsiblity, and it is highly adviseable you do NOTHING more.
Anything else only ads to his evidence against you.
Totally agree with all these points, and I firmly believe they have helped me out of a ticket more than once.
Being difficult because it’s your “right” is just stupid. If I can lessen the penalties for my actions by “sucking up” for a few moments, it’s well worth it to my bank account.
I pity the people who go out of there way to be difficult in any situation presented to them. I can only assume you have a low quality of life, and need to take it out on everyone around you.
Carry disclosure advice from a professional instructor: Know the laws of the state you’re in. If you must inform, then do so. If you don’t have to inform until asked, then I strongly encourage you not to until asked or it’s about to be discovered. Then, say, “I have a permit and am carrying, what would you like me to do?” KNOW THE INFORM LAWS of the state you’re in or you may just end up a felon (aggregious–I know)! You have rights. EXERCISE YOUR RIGHTS and also DO NOT CONSENT TO A SEARCH.
Refusing to answer ANY questions can get you a quick trip to the slammer while your vehicle will get towed to an impound lot.
In my area, two questions they always ask is for a phone number and a place of employment. I give them the number, but inform them that I will refuse to discuss the ticket over the phone, since I don’t know who is on the other end, and that if further discussion is required they need to request it in writing on their company letterhead, and we’ll take it from there.
When they ask who I work for, I tell them that I’m either unemployed or self-employed. Technically, I’m lying to them, but it gets the subject off the table quickly, and they may take pity with the apparent lack of employment and let me off with a warning.
Finally, just be polite. I’ve known folks who work in law enforcement, and one of them likened the job to shoveling cr*p uphill. These folks have to deal on a daily basis with the worst that human nature can hand out.
I’ve only ever been pulled over once, for rolling a stop right next to a cop because I was too busy listening to ZZ Top on the wayt o my third shift job, when the streets were almost always empty anyway. As soon as I saw the police car behind me I knew I was busted. I did everything like this article says, I admitted that I knew what I did (I’m honest to a fault), and the officer told me he wouldn’t mar my record, but to be careful next time.
In another instance, I had a cruiser follow me for several blocks without ever turning its lights on, even following me into the corporate complex parking lot where I worked. I didn’t do anything wrong, so I drove carefully but otherwise normally, and it ultimately left. Don’t know why they followed me. But I’d rather be pulled over than tailed.
I was 20 years old, on a college campus, had a date in the passenger seat and did a burn out showing off. About 100 feet later I’m pulled over. I had a clean record and was probably visibly embarrassed and very apologetic, the officer talked mostly to my date asking if she was impressed by my actions etc. basically humiliating in front of my date. He must have thought that was bad enough so I didn’t get a ticket.
I may be the only one to admit it, or maybe I live in an area with douchy cops, but the cop has never let me out of anything by following these procedures, which I always do. I’ve never been shot or harrassed either, so I guess that’s all I can ask for. From a legal point-of-view, if you know you have done something wrong, refuse to tell them or do anything besides giving your ID and registration, and if they insist, politely decline and tell them that they are scaring you. When it goes to court, it’s all about evidence, and if you don’t say or give them any evidence, your chances are a lot higher.
This guy was pulled over for speeding. Officer says, “I’ve been waiting for you all day.” Guy looks at the officer and says, “I got here as quick as I could.”
For those saying that folks should volunteer information. Listen, I have family that are LEOs I respect LEOs. Go to You Tube and look up “Never talk to cops” there is a two part video of a law professor and then a LEO and they both explain why you should never volunteer more information than you are required to. It has nothing to do with being a jerk to “The Man” and while I can see a few chips on a few shoulders in these comments, you can respectfully decline to provide information. The Constitution is there for a reason.
The last time I encountered an Officer was at a checkpoint, I immediately informed him that I was carrying concealed and presented him with my DL and CCP. I got a tip of a cap from him and a “have a good night.” Moral: Don’t be a jackass to an Officer, 99% are good guys and ladies just doing their job like all of us. A little mutual respect goes a long way.
Informing the officer of your firearm is a really touchy subject. The best way I’ve found for doing this is handing them your CHP at the same time you hand them your licence. Other then that for the love of god don’t say “I have a gun”. That’s just a bad idea.
I agree with all of the information. I have a concealed carry permit in a state that no longer requires a permit. I have been pulled over four times for speeding on my motorcycle while carrying. I always start the conversation off by informing the LEO that I am carrying while my hands are very clearly on the handlebars. Of those times they were mostly positive.
Previously, I talked with the officer about my carry gun and the motorcycle. Two of those interactions resulted in verbal warnings. I attribute this to my being open and honest.
The one exception was when I when the LEO responded that he could probably outdraw me. That and he told me that I did not need a permit to carry concealed anymore in my state. It caught me as odd, but I told him that I keep my permit current because many neighboring states have reciprocity with mine. It was weird, but I still believe that honesty is the best policy.
I still remember the first time I got pulled over by a Police Officer. I was 18 and just got my driving license. Driving the family MOSKVITCH – / its a Russian Car made in USSR in 1970′s to 1980′s / my father next to me and my mother at the back seat. And suddenly we saw Police officer waving his baton. Tried to push the brake pedal as gently as I could and when the car was nearly stopped to my great surprise I saw my mother shouting at the man – “Don’t you see, He’s a new driver / those days drivers with less than a year experience had to apply special sticker on the windshield /, what’s the big traffic violation he’s done?
Smiling, the Police officer said: “Just a routine check, Madam! Please continue on your way :)
Along with turning on your dome light, the officer will most likely ask you to roll down your rear windows if you have tints. This has also saved me once before when I had illegal tints. I rolled my windows down before the officer walked up, and he never noticed.
What’s with people being so scared of cops and holding up the Constitution as an excuse to act however you want during a traffic stop? Turn the dome lights on, let the officer know you have a gun (though I wouldn’t go so far as to offer to let him take it), and just do what he asks. It’s not like he’s out there because it’s a fun happy time, he’s there to do his job. Don’t be a dick and you’ll find that not only will your traffic stops be less frequent, they’ll also be a lot less of a problem. I’ve been pulled over three times in three different states, and doing basically everything that’s outlined here has ended with me never getting a ticket, just a couple of warnings.
Relax, people.
I’ve been pulled over a few times. I’m generally nice, but I got *very* irate at some Border Patrol in South Texas years ago. I was doing some field work in a NWR, collecting rattlers (specifically C. atrox) to weigh, pit tag, sex and measure (using a squeezebox). It wasn’t my project but it was a good experience, learned a lot. Gather ‘em up, take them back to the facility, take ‘em back to the same GPS coords as you captured them at.
After getting stopped 3 times by the same BP agent in 2 hours? Yep, I let him look in the bucket. I had permits and paperwork in order so…
I’ve only been stopped once and it was just at a check point, not an actual flashy lights pull over. The dude just stuck his head straight in my window and was like “Where you coming from today sir?” I just said, “the cinema” then he just pulled his head back out the car and said, “have a nice day” and waved me through lol.
That’s the RCMP for ya =) (Canadian police btw)
The last time I got pulled over was later at night over my Christmas Break on a back road. The officer was at the bottom of a hill that I usually coast down and then up the next hill to save a little gas (not sure if it actually helps at all). I picked up a little too much speed and he flipped on the lights. I immediately turned on the hazards and slowed way down as there was a little ways before a safe place to pull over. I pulled way off the road, rolled down the windows, put on the dome lights and waited for him to approach. The first thing I said was “Good evening, officer. Is this a safe location for you?” I was let off with a warning for going 17 over. I think this initial politeness and respect for the potential hazard in the situation made the difference in paying a ticket a broke college kid doesn’t have the money for and getting a polite warning.
Got pulled over once. Not signalling. Cop waited for 3 turns before he pulled me over. He asked if I knew and I said, ya I, stopped this morning on the way to work. I just had to go to the bank then was on my way to get it fixed. He didn’t believe me(while he watched me leave the bank) and gave me a ticket. He was a douche-even the other cops said he was.
When they say do you know why I pulled you over NEVER say yes. If you where speeding and he pulled you over for a taillight you just got another ticket. And truthfully you don’t know why you got pulled over-you can;t read the officers mind.
@Higgy When the RC’s stick there heads in the car they are smelling for alcohol, and looking at your seatbelt. Quick, simple and effective.
I was taught that using words like “gun” or telling an officer you’re armed will immediately throw him into danger mode, so it’s best to hand the officer your concealed carry permit along with your other paperwork and allow him to ask whether or not you’re armed – it starts the exchange off under the presumption that you’re legally permitted to carry a weapon.
As a black man, I always thought I would have a pretty bad first experience with the police due to my skin color and racist stereotypes.
It was a pleasant surprise for me when I finally did get pulled over for my first traffic stop a month ago. This muscular, armed, shades-wearing white police officer tipped his hat at me first, then gestured at me to roll down my window. I did, and he asked “Sir, do you know why I pulled you over?”. I said no and he told me that I had gone past a stop sign at the previous intersection. I explained that I had not seen it. He then smiled and said “Yeah, I figured that was it. Anyway, now you know it’s there. Have a nice day.”
He then tipped his hat at me again and went on his way. He didn’t even ask for my license and registration.
One evening, as I was driving over to visit my girlfriend (I’m in my 40′s), I was pulled over by the Sherriff’s department right as I turned into her neighborhood. My dad is a retired LEO, so I know the drill. I turned on my dome light and kept my hands on the wheel as they approached.
One officer swung a little wide with his flashlight on my face and his other hand on his gun, and the other angled somewhat behind and closer to the car. Both maintained “safe” angles slightly behind me. They were certainly acting like I was a threat. Not good.
Immediately, the one who was closest asked me if I had any weapons. No. Next they asked for my liscence and registration. I said, “my liscence is in my back pocket, so I’m getting my wallet.” Once I handed that over, I said, “my registration is in the glove compartment,” and moved very slowly to get it.
After they had called both in, they asked me what I was doing there (the tension still hadn’t gone away). I told them I was visiting my girlfriend.
They asked what her address was. I didn’t know it. They then asked for her phone number. I gave it. They called her, asking her if she knew me and was expecting me. Talk about a shocking phone call!
After they spoke with her, they both very visibly relaxed. They had received a call about a suspicious red car that looked like it was casing the neighborhood. Since mine was the first red car they spotted…
It was tense.
As a street cop in California for the last 26 years, I thought maybe I’d add a little more to the discussion.
Yes, Calvin A, if I ask you to get out of the car, you might think about locking the car and putting the key in your pocket to make it harder for me to search. I might then think about breaking your window to conduct that search. If I have the right to conduct a search, I do not need your permission or your cooperation if you don’t want to offer it. But again…if I have the right, I’m going to conduct the search anyway. Your call as to how I get into the car at that point.
Marie: you’re my new hero.
Stephen: perhaps you’re not from the US. However, I’m not required to presume anything about your guilt or innocence here in the US. The Courts are required to consider you innocent until proven guilty, not me. I can presume you or your property to be anything I want, provided that I act lawfully and do not let my presumptions cause me to do otherwise. I also have no obligation to locate or examine “all potentially exculpatory evidence” on your behalf, only that which I become aware of.
Tony, if you were a traffic cop for five years in the US, I suspect I know why you are not today. If you do not sign the ticket in California, you will go to jail. Period. Always. Your signature is actually required by law in my state.
Eric, you said it beautifully, so I just want to repeat what you said: “Being difficult because it’s your “right” is just stupid.”
Moeregaard, you may also not be in the US but refusing “…to answer ANY questions can get you a quick trip to the slammer while your vehicle will get towed to an impound lot” is just not an accurate statement. In most cases in the US, you’re not required to answer much of anything on a traffic stop and there’s not a lot I can do if you won’t. If this is a concern for you, I’d ask the officer if your answer is required and if so, I certainly wouldn’t lie. In my state, one of the VERY few times you can get arrested for lying to me is during the issuance of a traffic citation.
Again, I realize some of you might not be in the US. But I think that makes the point that if you’re going to post hard-and-fast rules about what to do during a traffic stop, you need to explain what country or even state you’re taking this position in before you help someone else get themselves into some deep trouble.
“You don’t have to consent to a search.”
They also need a warrant, unless you’re stupid enough to say ‘yes.’ If they do search you or your car without a warrant or your consent, repeat that you do not consent to the search. Anything incriminating found on your person or in your vehicle will immediately be tossed out in court.
Never offer any extra information, and just answer yes or no questions with yes or no. Don’t lie, that can become an even bigger issue besides being pulled over for speeding.
Always remember your rights. You have a right to remain silent. You do not have to answer any questions beyond identifying yourself. Never volunteer information.
If you have been detained or arrested, you do not need to give any information except your name, and state that you want a lawyer. You have the right to have an attorney present for questioning if you have been detained or arrested.
If they ask you to step out of the car, you have to. If they do a pat down, they can do that, but make sure you mention that you do not consent to any other searches.
If he asks you where you are going, you don’t have to tell him a thing. That’s your business. Never volunteer any information.
Remember your rights and assert them!
I was pulled over once by an angry cop who said I was doing 45 in a 30. He said he was trying to stop me for a mile with siren and lights. Trouble was the road was only 1/2 mile, there WAS no one behind me until he just shows up, he was in the wrong town. I was ticketed and the charge is still on my driving record 10 yrs later. Of course my insurance went up quite a bit also. I used to respect cops that I didn’t question his story. Should have fought it in court but didn’t know any better. Now I do.
“Mundane, you were traveling at a speed higher than the arbitrarily-determined limit set by men in suits whose salaries are paid with your tax dollars. Now you owe me money.”
It would be much easier to deal with cops in countries like Mexico or Vietnam where a $20 makes the problem go away. Here in the “Land of the Free,” however, you have to go through this whole rigamarole, and still wind up paying $120-300 for just going faster than some goon with a badge thinks you should.
Always say “officer.” Never “sir.” It’s a power trip.
Last time I got pulled the officer yelled at and berated me for saying “i don’t know” (right on red with incomplete stop for the curious). This is mild for them here. They are not good people in my town.
I’ve had good luck over the course of the last few years in my dealings with the police. I’ve gotten warnings for speeding several times, usually in the 5-10 over range, but primarily I’ve gotten pulled over for having a balky headlight. My previous car’s left headlight had a tendency to short out and it always seemed to happen when I was on the road for work trips. I once got pulled over twice on the same trip and in fact showed the second State Trooper the warning I’d gotten on the way up after she pulled me over on my way home. These incidents taught me to never be defensive or get upset and to always look the officer in the eye when communicating. The last time I was pulled over the officer actually apologized to me for stopping me for turning on a red light, as he mistakenly thought there was a “No Turn On Red” sign posted. I’ve found a bit of good nature goes a long way.
I got out of a ticket by being up-front and honest, but still contradictory to what the officer said.
It was about 1am and I was on a 65 mph road. He came up to my window and said he clocked me doing 88. I told him that I was speeding, that I would admit to that, but at no point did my speedometer pass 80. I said that I wouldn’t fight a ticket that said 80 on it, but I would go to court if it said 88. Then I told him that if my speedometer was broken, I would take it in the next day to be fixed.
He said that after midnight, he usually doesn’t care if it’s 15 mph or less over the limit and to get my speedometer checked. Thankfully, I got let off with a warning.
I think we could all use a few lessons from the great Chris Rock on how not to get our butts kicked by the police! http://www.youtube.com/watch?v=uj0mtxXEGE8
In the state of Texas, if you are carrying, you must hand the officer your CHL the moment you hand over your DL. This is a good practice anyway because the officer will already know that you don’t have a criminal background.
My friends who are cops have told me that in Texas (this might not always be the case), there is a comfort in knowing that some agency already vetted you. It also helps that my plates say “US Paratrooper” on the bottom of them. Things like military service, EMS / Fire Dept affiliation, etc can only help your cause.
When I tell an officer I am carrying, I always tell him where. For example, hand over CHL/DL, and state “I am carrying, right hip.” Being upfront can only lesson the stress for him/her.
Drive safe and friendly out there. SN
Steven P, warrantless searches of vehicles are allowed if the officer has probable cause, so there’s no guarantee that anything found would be thrown out.
If asked to step out of the vehicle, make sure that you are not free to leave before doing so.
I don’t know how it is other places, but if you are stopped around here and are just hoping to get out of a ticket, then it’s in your best interest to be very honest and polite. It’s hard to beat a traffic ticket in court(not sure I’ve seen it unless you count the judge giving a DIP class in place of the ticket as ‘beating it’) so your best chance is probably the officer cutting you a break. As has been said before, if you don’t want a ticket, then follow the traffic laws.
I always tell people they should never consent to any searches or questioning. However, if you’re sure you were just pulled over for speeding/running a stop sign/other traffic violation, then it’s usually in your best interest to talk to the officer. I hesitate to say that because the police are allowed to lie to you, but most people know, or at least have an idea, why they are being stopped while driving.
I would not recommend turning on your emergency flashers. This is a sign of being over cautious and many LEO’s use the phrase felony flashers because many fugitives do this during a traffic stop to be “Extra Safe” Simply use your turn signal when pulling over.
I feel bad for the people commenting on here from Australia…no guns?? Terrible
This is for Mike, and before I add another comment I’d like to thank him for his 26 years of service. Working traffic in California is not something I’d want to do–and I live in California. This place is just nuts. My comment about playing loose and fast with the truth comes from personal experience. Back in the early ’80s, I decided to politely withhold my employment information from the issuing officer, because I didn’t feel it was relevant to the matter at hand. He informed me that I was required to answer ALL of his questions or face a trip to jail. He also added that “…the judge isn’t going to be happy when he sees ‘refused info’” on the ticket. All of this occurred after he ran my info and determined that I had no warrants. I’m a model of politeness when dealing with these folks, but feel that the only information they need to write and process a citation is that which is printed on my license and registration paperwork.
I would like to add that it’s good practice to pay a citation in person and insist on a receipt. When I paid my last one in 1989, I did so by mail and just forgot about it. Imagine my surprise when I tried renewing my license the following year and the DMV informed me that I had an unpaid citation. The court clerk was apologetic and corrected the problem, but I’d been traveling a lot for work and renting cars in several states with this thing sitting on my record.
@ Tony
Sorry, but you are wrong. The article has it right, this is not an admission of guilt but a promise to do something with the ticket; pay it or contest it. I don’t know where you were a traffic cop but I am retired state police of 26 years and I’ve never known what you wrote to be true.
Sponsored by Milky Way?? Not Dunkin DOnuts or Krispy Kreme? I’m supremely confused..
On a serious note, great article. I am often surprised by friends who don’t know these basic formalities when we have an encounter with the authorities.. Even just keeping your hands always visible and showing basic courtesy/respect.
Guy gets pulled over by a state trooper and leads him on a wild high speed chase. Finally apprehending him, the trooper finds out he has a totally clean record. Trooper asks, why did you run, seeing as how you have a clean record. Guy says, my wife ran off with a state trooper a few weeks ago, I thought you were trying to give her back.
About the whole ‘don’t say I was speeding just say ‘I don’t know”
I had read that if you claim you don’t know what you were doing the officer in question can (in theory and this would depend on WHERE of course) write you up for reckless driving or careless or something on those lines because you’re all but admitting you weren’t paying attention while you were driving.
Maybe someone in law enforcement can say ‘yay or nay’ to this? It’s just something I read a month or so ago.
Not to mention really… Why lie.. if you ran a stop sign for example. The cop knows you did. YOU know you did. Just tell the truth. (in my opinion).
What about for black people?
Not all police officers are rational human beings. I was pulled over on my bicycle last year, and the cop just got out of the car and started shouting. He seemed not to know that a bike is a vehicle. No matter how polite and proper you behave, there is always the chance of getting a crazy/unpredictable cop.
Here in the UK we don’t have as clear cut rules about not consenting to a such.
However being friends with a few officers of the law I can fully assure you that being calm, and polite is the best thing to do. You may still get tickets/fines/point off your licence but escalating the situation with bad language and insults can get you arrested under section 5 of the public order act.
Many officers will give you a warning if you just listen to what they have to say and then apologise for any possible infringement of the law.
Speak as you would wish the officer to speak to you. Simple.
Best traffic story ever…
I was driving home from a coworker’s party in the wee hours of the morning, 4am-ish. It was still dark and I passed a cop parked on the side of the road. I wasn’t speeding, but I get paranoid when I pass cops, so I was looking in my rearview mirror for the red and blue lights and neglected to stay in my lane. Of course, after a small swerve to stay on the road, there came the red and blue’s. I was literally 1 mile from being home. When the officer came to my window, my hands were on the dash board, arms through the steering wheel (much harder to make a sudden move that way). I rolled down my window, was polite and chipper as he checked out my reg and DL. He asked if I had been drinking, which I had not, and if I was heading home. He returned my documents and dismissed me.
For some reason, I didn’t learn my lesson and I still give too much attention my mirrors when I pass a cop.
I have to say, this was a very good article. The advice was very sound. As a former police officer, I must agree that politeness goes a LONG way. I once stopped two people for speeding along the same stretch of road with different outcomes. The first one I stopped was doing 65 in a 35. After I ran my checks and was reciting the “..by signing this, you are not admitting guilt…” part of the ticket, he stops me and rudely asks why I can’t change it to a warning. I told him, “Well, sir, you were doing 30 mph over the posted speed limit…” to which he interrupts me to say “That’s what’s wrong with you young cops, always trying to make a name for yourself by writing tickets!”. I’ll admit, a lot of things went through my mind at that point, but I just finished my “sign this ticket” line and told him to drive safe.
The second person that I stopped had similar circumstances (speeding, reciting the “sign the ticket” line) to which he interrupted me in the middle and said, “Sir, I know I was speeding and I’m really sorry. I’ve had a really sh!&*y day today. Is there anyway that you could please make this a warning?” I said, “sure thing” wrote warning across the ticket and told him to slow down and be safe.
I’m not saying this will be the outcome everytime you are polite to a police officer, but it sure wouldn’t hurt.
Hi, I am from Australia. The majority of the times I have been stopped, I usually indicate to leave the road, leave the vehicle (ignition off, keys in hand), and have my license ready. I am always polite, and if I was genuinely speeding, I deserve the fine. I find this puts the officer at ease, that I am not going to challenge him/her. Respect goes a long way. Regardless of the outcome, I hope the rest of their shift is incident-free (ie no serious accidents etc). I check my lights regularly. All officers are human and doing their job. I received a ticket from an officer back @ 98. I later became friends with that officer, through another officer I knew. ;-)
I was once riding home, very late at night, after finishing a shift with a coworker at a restaurant. She got tired of waiting for a light that took much too long to change, and made a series of right turns and u-turns. I commented on the illegality of that maneuver, and like clockwork, we were pulled over. After the driver, my coworker, explained that we both had gotten off of work and were heading home, and that she was really sorry, we were let off with a warning.
Another story, I was riding with a friend and a stranger in Louisville. The stranger had smoked marijuana earlier and was pulled over because he had ALMOST hit somebody (it was raining, dark, and the man was wearing all dark colors). The stranger/driver admitted that he had smoked weed, gave what was left to the officer (who promptly destroyed it), and the officer escorted us to my hotel.
Conscientiousness goes a long way.
I’ve been pulled over twice. Once was … well … yeah … my fault, but in my defense I was kinda lost at the time, and ended up in a bus lane. The other was definitely my fault – I was going … a bit fast.
The second guy was pretty cool. I just kept my hands on the wheel, and when he asked me for my license etc, I told him I have a concealed carry permit and that my license was in the fanny pack with my weapon. He just said thanks for telling him, and we conducted our business on friendly terms.
The first incident the guy was a bit of a putz. I had been at a friend’s wedding, and was trying to find my way to the reception. It was a Civil War wedding so I was in full kit. My wallet was in my jeans pocket in the hatch, so I had to get out, after informing the officer of the situation. He went to the back of the car and looked in through the hatch, then stepped back, put his hand on his pistol and said you make F@$*!^g sure that’s all you get. I’d been part of the arch of steel for the wedding and my saber was lying on the rear deck. I mean, who did the guy think I was? Bruce Lee? Conan?
After I produced my ID, he was still kinda snotty with me. But, at least he didn’t cite me.
All in all though, most officers I’ve come across are pretty solid professionals and have a good professional attitude. If I have to interact with them I let them know I’m armed and have a CCP, that way there are no unpleasant surprises for anyone involved.
On the other hand… a reenactor friend of mine intentionally gave a PA State Trooper a bit of a heart attack.
The friend was driving a panel van going down the PA Turnpike towards Gettysburg, when he got pulled over for a broken tail light.
The officer gave him the usual speech, and then asked, “is there anything in this vehicle I should know about? Drugs, guns, large quantities of cash?”
My friend said; “well, yes, there are ten military grade rifles in the back, along with three military hand guns and about a thousand round of ammunition. ”
The cop was ready to call a SWAT team or something until the reenactor called attention to the way he was dressed — in a Union infantry private’s uniform. He was transporting his company’s gear to Gettysburg for the big reenactment.
Yeah, it was funny, but it was incredibly stupid to bait the officer like that.
Frankie comment #117, you are just the person I want to stop because you my friend are getting a full boat ticket and anything else I can find. People make mistakes and at times miss stop signs, push the speed limit. I write maybe 2 of every 5 stops but you my friend will go home with my name on a citation everytime, have a nice day and please drive careful….!
I have been pulled over (too) many times, but have gotten out of several tickets. I always look for somewhere to get off the road, am always very polite & respectful, and I fully answer every question. Maybe it’s just because I’m so adorable, or maybe just because it’s refreshing for someone to just talk to them and not be all freaked out when they get to the window, but cops seem to like to let me go with just a warning. :D
Hey Calvin,
First off it sounds like you have an issue with authority. Secondly, if you live in a state which requires you to turn over your peice then that officer has a right to run the number. There is no probable cause required. I know of several cases in which officers performed a simple and legal searc frisk which resulted in stolen guns.
This is a great article.
I drive a lot for my job, roughly 3k-4k miles a month so I have had my share of road side meetings with the law.
I have found there are a few things that get you out of most tickets.
First, I have a Commercial Drivers license. I havent driven a truck in years, however I wont let this lapse because it helps in getting out of tickets.
If you have a CDL points count more toward your license then a normal. If you have been polite, an officer assumes you make a living driving trucks and if you have been polite, they dont want to hinder you livelihood for a stupid mistake.
Second, I have a carry permit. Like the article said, I have both hands on the wheel when the officer walks up but I have both license out, one in each hand. They usually ask what the other license is, and I tell them, then I tell them where the gun is and explain there is a bullet chambered.
Most of the time they dont even bother with the gun because of the attitude and courtesy shown. Sometimes they ask what type of gun I am have and that has led into a gun discussion. (which Im always eager to have even if Im late)
Be safe.
@Tony: In the State of Florida, NOT signing your citation results in immediate arrest. I was a patrol deputy for two years, and still work in law enforcement.
We will often ask to search the vehicle if we have P.C. or not. If we don’t and you say “yes”, good for us, we have permission. If we ask, and you say “no” (and we have no P.C.), oh well, it was worth a try. If you say “no”, and we have reasonable suspicion, we will search the vehicle.
Easiest things to to are to not have anything illegal going on in your car. Many times, if the guys had a little weed in the car from the night before, and they told me “I have a little weed in here.”; I’d confiscate it, make sure they weren’t on probation, and send them on their way. Very few cops want to take someone to jail on a tiny baggie of weed. If that’s the worst thing in the car, and the driver isn’t high at the time of the stop, being honest and respectful goes a long way.
If the officer asks you – “please step out of the car” – do you have to comply? Is that the same thing as the illegal search scenario where you can just deny him the right?
Mike, the hard-boiled “street cop” of 26 years fails to understand the problem with what Eric “beautifully said (being difficult because it’s your “right” is just stupid). If an officer asks me anything that I am not legally required to do I will not do it. If he asks me a question that I am not legally required to ask, I will not answer. I will not simper about while dealing with civil servants (the police). Such an attitude (which you deem beautiful because it makes interacting with the public easier on you) is weak and dangerous. There is no greater beauty than the firm non-compliance of that which is against our rights.
I got pulled over last year for doing 67 in a 55. The LEO asked what I was late too and I said “my wife’s ultrasound”. He said I was in enough trouble already and told me to slow down. My youngest is 8 years old! Works every time as long as you are pulled over during “business hours”.
Couple pointers I can offer:
1) Invest in a GPS-enabled dash cam for both your front-facing windscreen and back-facing windscreen. If you follow the law, you always have evidence and NEVER have to worry about being wrongly accused of something. Even if GPS data is not admissible for some reason, two corroborating pieces of video with timers on them will back you up.
2) If you ARE speeding, or not obeying the traffic laws, then you DO deserve a ticket. Follow the traffic laws, fool!
Even if you have a momentary lapse in judgement, you’re still putting other people’s lives at risk during that lapse. Traffic laws are in place for a reason not just for your protection but for others’ as well. Quit making excuses for why you “think” you’re more important than other people, and try being MANLY and owning up to your mistakes. When you drive, you are in charge of a 2,000lb+ weapon. You can kill others with your casual mistake. Laws are there to prevent this sort of situation, not just to inconvenience you. Don’t forget this.
One question I didn’t see covered in the comments or post – after being pulled over, who drives away first? Do you let the officer leave or do they expect you to leave first?
I was stopped by the Indiana State Patrol in the morning for turning right on a “No turn on red” intersection. I was waiting for about 3 minutes while the red was going on, and there were not cars.
I did excercise what I learned in Police class and other places on how to handle traffic stops, got off with a written warning, her’es how:
1. Pulled over off the main road, away from on-coming traffic.
2. Rolled down all the windows.
3. Shut off the car, shut off the radio.
4. Hands on the wheel.
5. Let the Officer start the conversation, do NOT start it yourself. Let He/She say something first. In this case I was greeted with a Good Morning, which was nice, so I replied the same way.
6. If you plan on reaching somewhere to grab your license or what not, let the Officer know before you do so.
7. Don’t mouth off, don’t be a smartass, answer the questions with simple YES or NO. Remember you also have the right not to answer any questions at all.
Tonight was the very first time I’ve ever been pulled over. I was driving home from work, which is two cities away, and got pulled over in each. The first time around the officer told me he pulled me over because it was late. The second time was legitimately because my blinker randomly quit working. No tickets, but man, hilarious.
As an Officer as well, I can say, (without any bias either way. seriously. I don’t care what you do in your own city but, this is a real statement) most of the “advice” in the comments is terrible. There may be bits of logic in them but if you want advice talk to a lawyer after the encounter. Playing street lawyer with your new-found conjecture from some anonymous dude on a website will make your encounter exponentially worse.
Also, it’s never a good idea to be coy about having a firearm on your person. EVER. All it takes is one perception of your intentions (right or wrong) and it will get you shot. By all means, carry a gun as your right allows. But, understand that I’m willing to err on the side of my safety above an in-depth inquiry into your intentions when deciding to defend myself.
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