Do you know your rights if you are in a traffic stop?

2015-07-26T07:46:09-04:00

Sandra Bland was pulled over for failing to signal while changing lanes. Three days later she was found deceased in her cell. Could following any of the guidelines in this article have prevented this outcome?http://time.com/3968875/sanda-bland-pulled-over-by-a-cop/

What to Do if You Get Pulled Over by a Cop

Know your rights—and stay calm

Response by SSgt Alex Robinson made Jul 26 at 2015 8:47 AM

2015-07-26T08:47:28-04:00

First and foremost don't break the law and you will be fine. We all have an obligation to comply with the requests of law enforcement.

Response by COL Mikel J. Burroughs made Jul 26 at 2015 8:51 AM

2015-07-26T08:51:41-04:00

CPT Private RallyPoint Member Pretty "Common Sense" advice, but it varies from State to State. That's a whole different story. I can tell you a lot about when I was 16 and 17 prior to joining the military!

Response by Cpl Jeff N. made Jul 26 at 2015 9:23 AM

2015-07-26T09:23:02-04:00

Many of this situations start as something minor and escalate. She would still be alive today had she remained calm and complied with some basic instructions. A turn signal violation is about as minor offense as imaginable. How many times do you see someone do that a day?

I have read that she had a history of infractions in Chicago and Texas and had many unpaid/overdue tickets and missed court appearances even a DUI and thousands of dollars in unpaid fines/court costs etc. She clearly had a history with the law.

This entire situation should have ended up with a ticket at worse, perhaps a warning had she and the officer both not allowed it to escalate. She appeared to be troubled and suicidal and this incident may have pushed her over the edge. A tragedy for sure but she holds a fair amount of the responsibility in the events.

Response by SGT Roberto Mendoza-Diaz made Jul 26 at 2015 9:35 AM

2015-07-26T09:35:14-04:00

Something Americans lack as of late: (3 things)
Common Sense
Respect
Manners

Response by PO2 Peter Klein made Jul 26 at 2015 9:38 AM

2015-07-26T09:38:49-04:00

That cop was on a power trip! Things I learned from a friend who went thru a police academy in California:
1. Put down both front windows. The officer may come to either side of the car;
2. Put your hands on the steering wheel;
3. Say, "I am sorry that you had to take time out of your busy schedule just to give me a warning."
4. When asked for license, registration & insurance, the the cop where they items are and tell him/her that you are reaching for them before you move;
5. If asked to put out your cigarette, put it out, in your ashtray;
6. Be polite;
7. Say as little as possible. Do not admit to anything.

Response by COL Vincent Stoneking made Jul 26 at 2015 9:57 AM

2015-07-26T09:57:34-04:00

Regarding #2, remember and use the phrase "I do not consent but will comply." If the stop is being recorded (or all parties are honest in their reporting of it), it will make clear that any search was NOT voluntary without you getting charged with resisting or "interfering" with law enforcement.

Response by LTC John Shaw made Jul 26 at 2015 10:51 AM

2015-07-26T10:51:05-04:00

CPT Private RallyPoint Member TY CPT Cannonie! SSG James J. Palmer IV aka "JP4" I can see why people are getting upset over what appears to be story after story of poor decision making by officers of the law. Law enforcement is a difficult job and officers are going to make a bad decision and this was a bad decision.
I agree with JP4, I don't understand the justification used by the officer to cuff and detain in this situation? Nothing on in the article on why she was detained/in jail?
Sad situation and a completely preventable death!

Response by CW4 Private RallyPoint Member made Jul 26 at 2015 12:25 PM

2015-07-26T12:25:11-04:00

To be honest with you when I see a post on FB or from a digital news source, I just scroll on past it. I can't keep watching these videos. Nothing shocks me anymore.

Response by SFC Everett Oliver made Jul 26 at 2015 2:19 PM

2015-07-26T14:19:10-04:00

We have an area where the township is known to operate a speed trap, I don't normally worry about it because I have little reason to ever go through that township. About 4 months ago I was heading to the Hospital to visit with my wife who had been admitted for the third time in as many months. I wasn't watching the speed I was thinking about her as I went past the Officer at 53 in a 35.....
Of course as soon as he put his lights on I pulled over and before he was out of his car I had my license, insurance, registration, and CCL ready. I gave it all to him at once. and kept my hands on the wheel. He stood at my window and went through the paperwork, handed me back my CCL without any comment.
Kidded with me about being retired Army (He had done 4 years in the Navy) and he joked about my Dallas Cowboy magnet (In Ohio).
Staying courteous and not BSing the Officer I was on my way in less than 5 minutes with nothing but a warning.
That's all it takes, do what you are supposed to do without being a wise ass...
While this Officer may have been on a power trip the young lady wasn't exactly cooperating either...

Response by CMSgt Mark Schubert made Jul 26 at 2015 3:08 PM

2015-07-26T15:08:21-04:00

It's pretty clear to me that Sandra Bland was argumentative, uncooperative, resisted arrest, and all that led to her being arrested. Had she been respectful and compliant with the officer, she would would have received a WARNING and been on her way.

Response by 1SG Private RallyPoint Member made Jul 26 at 2015 4:15 PM

2015-07-26T16:15:59-04:00

Unfortunately there still exists jurisdictions in this country where your rights, even at a traffic stop, differ based on what your ethnic background is. I believe this was a contributing factor in the Sandra Bland situation

Response by SrA Matthew Knight made Jul 26 at 2015 5:38 PM

2015-07-26T17:38:19-04:00

I want to throw my personal experience into this.

I was stopped less than a month ago for speeding, 88 on interstate which was a perfectly justified reason to stop me. I waved at the officer acknowledging that I saw him and signaled the direction I was pulling over. I pulled well off the road to give him some safe space, put the car in park, rolled my window down and put my hand on the steering wheel. He approached and addressed me informing me of why he stopped me, I politely addressed him, informed him of where I would be reaching for my documentation etc. He walked me back to his car, showed me my locked speed and then even though he would have had all of the reason in the world to write me a ticket he told me he was issuing me a warning instead. We chatted back and forth while he finished typing everything on the computer, I thanked him, shook his hand and was on my merry way with no problems.

The point of all of this is if you so much as even pretend to be friendly and polite, even if they were going to ticket you the stop will go so much smoother for both you and the officer. You have your rights and they have a job to do. Just be courteous and professional and nothing more than a ticket will come of it. If you want to fight it, fight it in court.

Now I watched the video of Bland's stop. As far as I am aware there is no law against smoking in your own vehicle. Doesn't mean the officer couldn't still politely request her to put it out for his own health but forcing her to step out was escalating it beyond what it should have been. She also could have done her part by not being so lippy with the officer. Had she kept her mouth shut 90% of the time and just listened he was going to give her a warning and let her go. Both parties could have handled the situation far better.