Question of what you must do in this scenario

[BleedBlueOval]

I was pulled over on a friday night for a broken head light, (i didnt realize until i dropped off my friend and he walked in front of the car). We were at the bar and I had a 32oz of bud light around 10pm. At ~1:45, i was on my way home when pulled over. I wasn't showing any signs of buzzed driving because, i wasn't buzzed.

Lets keep in mind this detail--the officer does not know i had been drinking yet.

If i only let down the window just enough for us to engage in conversation and pass my papers on, and if he asks for me to roll the window down further, do i have to comply?

If he asks me to step out of the vehicle, do I have to comply, knowing that there are no warrants out for my arrest, no previous citation history, all documentation present and valid-- and that the only reason i'm being pulled over for is my headlight; and lets add in the detail that i show no physical evidence of drinking prior to him asking me to step out.

Do I have to tell him where I've been this night, where I was coming from, and where I'm headed to?

If I had an obscenely drunk person in my passenger seat, does she need to show identification? Does my passenger need to cooperate in any further questioning by the officer that pulled me over?


The officer that pulled me over:
-asked where I'm coming from (Detroit)
-asked where in Detroit (Hockeytown Cafe)
-asked if i had anything to drink (32 oz)
-asked approx. when I was drinking (10:30 pm)
-asked me to step outside because he could smell alcohol in my breath, and would like to determine if was capable of driving. (i passed)

I was dropping off a friend who was under the drinking age but over 18 (not past her curfew), who did have more than I did which is why I'm inquiring these questions, but I dropped her off before I was pulled over.

Thank you.

 

[Grabber]

The officer was just doing a routine check.

You technically do not have to comply, however, it would be best to cooperate to avoid any issues. When it comes to alcohol, cops are very serious about it.

 

[silver03svt]

The odor of alcohol is like any other odor...it will linger in the vehicle for a while whether your windows are up or down. Most officers will ask you to exit the vehicle for the purpose of determining if the odor is coming from you of from another source in the vehicle. The officer was also questioning you for your answers to also listen to your speech more than likely and to find out whether your were going to be beligerent or not. Peolpe have to remember, as a law enforcement officer, we have jobs to do. We get people all the time that refuse to answer questions on the side of the road. That is you constitutional right. But if you have nothing to hide, and in your case it seems you didnt, why wouldn't you answer his questions? I always tell people to reverse the roles they are in.....how would you want him/her to act if you were in the officer's position?
As far as the pasenger showing i.d. the answer is yes, they do.

 

[FordSVTFan]

I was pulled over on a friday night for a broken head light, (i didnt realize until i dropped off my friend and he walked in front of the car). We were at the bar and I had a 32oz of bud light around 10pm. At ~1:45, i was on my way home when pulled over. I wasn't showing any signs of buzzed driving because, i wasn't buzzed.

Any alcohol in your system will cause some type of impaired function, even if it simply mildly slower reaction time. The person drinking is never a good judge of whether they were showing signs of being "buzzed."

Lets keep in mind this detail--the officer does not know i had been drinking yet.

You should keep in mind that not all the consumed alcohol is metabolized and there is alcohol exhaled with each breath that is very noticeable. Although, you thought he didnt know you had been drinking, he might have known.

If i only let down the window just enough for us to engage in conversation and pass my papers on, and if he asks for me to roll the window down further, do i have to comply?

Yes, you must comply or you could be charged with a number of criminal code violations, not the least of which is obstruction.

If he asks me to step out of the vehicle, do I have to comply, knowing that there are no warrants out for my arrest, no previous citation history, all documentation present and valid-- and that the only reason i'm being pulled over for is my headlight; and lets add in the detail that i show no physical evidence of drinking prior to him asking me to step out.

Yes, the officer can ask you to step out of the vehicle to conduct FSTs or for his and your safety, etc. Once again you must comply.

Do I have to tell him where I've been this night, where I was coming from, and where I'm headed to?

No, you have a Constitutional Right to remain silent. However, you do need to provide the officer with basic identification information.

If I had an obscenely drunk person in my passenger seat, does she need to show identification? Does my passenger need to cooperate in any further questioning by the officer that pulled me over?

Yes, your passenger is part of the investigation and is obligated to identify themselves to the officer if requested. Beyond that the passenger has the same Constitutional Right not to answer any other questions.

The officer that pulled me over:
-asked where I'm coming from (Detroit)
-asked where in Detroit (Hockeytown Cafe)
-asked if i had anything to drink (32 oz)
-asked approx. when I was drinking (10:30 pm)
-asked me to step outside because he could smell alcohol in my breath, and would like to determine if was capable of driving. (i passed)

Okay.

I was dropping off a friend who was under the drinking age but over 18 (not past her curfew), who did have more than I did which is why I'm inquiring these questions, but I dropped her off before I was pulled over.

Thank you.

You really dont want to be drinking with underage people if you are over 21.

 

[Iceman II]

The officer was just doing a routine check.

You technically do not have to comply, however, it would be best to cooperate to avoid any issues. When it comes to alcohol, cops are very serious about it.

Man, your giving some really bad advise here. You could be getting some folks in a lot of trouble here if they were to listen to this. If an officer tells you to step out, I suggest you comply with that request.

 

[Sniperdog]

I always thought, if the officer tells me to do A. I do A. with a yes sir, no sir :shrug: always the best policy

edit: The only time I ever drink is at home, or someone with the same policy is driving. If I taste some wine, I am not driving home. I detest people driving when they THINK they are not buzzed :nonono: cause that's what gets people killed

 

[FordSVTFan]

I always thought, if the officer tells me to do A. I do A. with a yes sir, no sir :shrug: always the best policy

That is typically the best policy, within reason. You would never want to incriminate yourself.

 

[Sniperdog]

That is typically the best policy, within reason. You would never want to incriminate yourself.

how could that cause self incrimination ??

 

[FordSVTFan]

how could that cause self incrimination ??

Depending on what the officer wanted you to do, such as taking a breathalizer when you know you are over the limit.

 

[Iceman II]

In the case of Maryland v. Wilson the Supreme Court held that if an officer asks or orders you out of your vehicle no matter what you were stopped for, you will need to exit. This is a lawful order and if you don't comply, you are probably going to jail.

Now, to the guy above. If you did this to me, all I have to do is ask you to step out of your vehicle. And you are lawfully bound to do it. Iv'e seen a lot of windows get broken or something this stupid. Its all about officer safety.
Why put yourself on this situation to begin with and then try to be a jerk about it?

 

[Sniperdog]

oh, I gotcha, thanks to my drinking policy, that couldn't happen lol ;-)

my wild imagination pictured a "dirty cop" asking me to hold a throw gun to frame me :shrug: but I guess that's mostly in the movies lol

 

[Grabber]

Man, your giving some really bad advise here. You could be getting some folks in a lot of trouble here if they were to listen to this. If an officer tells you to step out, I suggest you comply with that request.

I did say Technically, within reason.

If you are pulled over, and you clearly did nothing wrong, and the officer asks you to step out of the car, me being who I am, I would nicely and simply ask" May I ask why you need me to step out of the vehicle Sir/Mam?

That is not bad advise.

Sorry, but, I will cooperate with Cops, however, I will not let them step all over me, Badge or no Badge.

Yes, the best bet is too comply, but, Cops are not perfect, and can be very unreasonable without provocation or cause.

 

[Iceman II]

By the same token my friend, we will not allow someone to step all over us and/or try control the situation. Citizens are not prefect either.
If you think the officer is over stepping his boundry, then you take it up with his supervisor, not on the side of the road. The officer does not have to give you an explaination, bottom line.
Hey, all you have to do is comply, its not that hard.

 

[Sniperdog]

^ It really is that simple, comply, and you prolly go home with out new bracelets :-D



Respect my authoritiiii!!!!! <-- in Cartman

 

[BleedBlueOval]

Yes, your passenger is part of the investigation and is obligated to identify themselves to the officer if requested. Beyond that the passenger has the same Constitutional Right not to answer any other questions.


You really dont want to be drinking with underage people if you are over 21.

lets assume now that he knows that the alcohol smell is not coming from me, but from somehwere inside the car (my passenger). she gives him her id and doesnt say a word to him. can he have her perform a BT? Do i get charged with a crime for having an underage person impaired in my vehicle? does she need to perform FSTs even though she is not driving? and please explain your last sentence, this was a family friend i was nearly giving a ride home for.

In the case of Maryland v. Wilson the Supreme Court held that if an officer asks or orders you out of your vehicle no matter what you were stopped for, you will need to exit. This is a lawful order and if you don't comply, you are probably going to jail.

Now, to the guy above. If you did this to me, all I have to do is ask you to step out of your vehicle. And you are lawfully bound to do it. Iv'e seen a lot of windows get broken or something this stupid. Its all about officer safety.
Why put yourself on this situation to begin with and then try to be a jerk about it?

its not about being a jerk. its the officer's job to enforce the law, its my duty to "enforce" my constitutional rights. :read:

thank you for your inputs.

 

[Lt. ZO6]

I did say Technically, within reason.

If you are pulled over, and you clearly did nothing wrong, and the officer asks you to step out of the car, me being who I am, I would nicely and simply ask" May I ask why you need me to step out of the vehicle Sir/Mam?

That is not bad advise.

Sorry, but, I will cooperate with Cops, however, I will not let them step all over me, Badge or no Badge.

Yes, the best bet is too comply, but, Cops are not perfect, and can be very unreasonable without provocation or cause.

The courts disagree with you. An officer does not need to provide you with a reason for instructing you to get out of a vehicle (or to remain inside the vehicle, for that matter). Failure to abide by the officers order in this regards is an arrestable offense.

 

[Lt. ZO6]

its not about being a jerk. its the officer's job to enforce the law, its my duty to "enforce" my constitutional rights. :read:

thank you for your inputs.

You have no Constitutional right in regards to an officer's order for you to exit a vehicle. If the officer lawfully conducted a stop on you, you must comply.

 

[Iceman II]

lets assume now that he knows that the alcohol smell is not coming from me, but from somehwere inside the car (my passenger). she gives him her id and doesnt say a word to him. can he have her perform a BT? Do i get charged with a crime for having an underage person impaired in my vehicle? does she need to perform FSTs even though she is not driving? and please explain your last sentence, this was a family friend i was nearly giving a ride home for.

I know you referred this to FordSVTfan, but I will interject here and I'm sure Adam won't mind.
If I were to ID a passenger and determine he/she is an underage drinker I will then ask the person to step out of the vehicle. They must comply. Does an officer need to perform a Breath Test or Field Sobriety Tests on a passenger? No.
All the officer needs is observing the underage person under the influence of an alcoholic beverage or drugs.
Now, can you be charged with an offense? No, only if you contributed alcohol and/or drugs to that person. What happens if that person says they got the alcohol from you?
That person is required to identify themself and as far as we are concerned they don't have to say anything else. Thats all an officer needs.

 

[olefafl]

This may answer some of the questions you had about the LEO asking questions.

2nd Circuit, U.S. v. Harrison - Traffic Stops, Consent and Questions Unrelated to the Stop

Not sure what state(s) it covers.

 

[FordSVTFan]

oh, I gotcha, thanks to my drinking policy, that couldn't happen lol ;-)

my wild imagination pictured a "dirty cop" asking me to hold a throw gun to frame me :shrug: but I guess that's mostly in the movies lol

That is funny. Errr, have you been to Polk County oke: