POLICE CANNOT DO "ANYTHING THEY WANT" they still have to be in accordance for such laws... they do not make the rules & are bound to follow them just like the rest of us. Even though lots don't **removed by moderator**.
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Windows all the way down? Or only part way down?
- Thread starter offroadkarter
- Start date
POLICE CANNOT DO "ANYTHING THEY WANT" they still have to be in accordance for such laws... they do not make the rules & are bound to follow them just like the rest of us. Even though lots don't **removed by moderator**.
Here in the USA, if you have been legally stopped by the police, the officer can compel you to stay inside or get out of the vehicle. It is up to the individual officer to decide. Failure to obey the officer in this regards can get you arrested.
they need to have a reason... they cant just say, get out of the car.... we have rights you know.... contrary to what most people believe.
Speeding 5-10mph over on a raining night, & only roll your window down an inch or two is no reason for them to ask you to get out of your vehicle... hell, even a super hot day & you have you AC on....
Speeding 5-10mph over on a raining night, & only roll your window down an inch or two is no reason for them to ask you to get out of your vehicle... hell, even a super hot day & you have you AC on....
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I love these internet arguments! And I love internet lawyers even more!!! Yes, you have rights. No argument there. But there is case law that allows police officers to order you out of your car on a traffic stop. The stop itself is "probable cause" and if you only roll down the windows slightly, you are "technically" interfering with an investigation. Yes, an investigation.... To quote Jim Carrey... "Don't break the law a$$hole!" and you won't have anything to worry about. 
I run 5% and I don't want a tint ticket so I put ALL the windows down, turn on the interior lights, Turn off the engine, put my hands on the outside of the door (don't know if this is right) stick my head out the window as he's walking up and let the officer know I have a gun inside on the passager seat then ask if he wants me to keep my hands outside the window. Again, I don't know if that's right but I've never had a tint ticket.
Been playing this game for well over 20 years now... Not sure and don't really care what goes on in Canada, but here in this country, your assumption is 100% incorrect.
If an officer of the law stops you for a valid reason, exactly what right of yours is the LEO violating by getting you to step out of your vehicle?
IN Oklahoma cops are covered by this OS:11-103 Failure to Obey Instructions of a Peace Officer.
If I ask you to do something, by law you HAVE to do it. Of course this can be twisted all sorts of ways to says cops abuse their power and use this for deviancy or such...
Easiest way to fix it, roll your window down as far as your comfortable...If asked to roll it all the way down, DO SO! If not, proceed like its a normal day!
Just found another law OS 21:540 Obstructing an officer
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All the way down to avoid an illegal tint ticket.
Copied and pasted that code section:
Title 47. Motor Vehicles
Oklahoma Statutes Citationized
Title 47. Motor Vehicles
Chapter 11 - Rules of the Road
Section 11-103 - Obedience to Police Officers
Cite as: O.S. §, __ __
No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
Seems to me that rolling windows down all the way on a traffic stop is not the LEO directing, controlling, or regulating traffic. If I were a good defense attorney, I'd fight this charge in court all day, everyday.
police officer invested by law with authority to direct, control or regulate traffic
Invested by law - backed by the state and the laws set forth maybe
with authority to direct, control, or regulate traffic - this part articulates the duty of the officer.
Fight it all you want and report back with your results
So what part of that authority says you can force somebody to roll their windows all the way down? I am just curious.
"Roll down your window sir"
"NO"
"sir Im having trouble hearing you with this traffic could you please step out of the car."
"****"
"NO"
"sir Im having trouble hearing you with this traffic could you please step out of the car."
"****"
The initial stop is a simple traffic violation. It turns into a criminal matter when you refuse to step out of the vehicle. Then you are under arrest and officer will use the necessary force to effect an arrest.
I would argue that stopping a vehicle for a traffic violation is controlling traffic.
During a traffic stop, I may not force you to roll your window down. I would simply ask. If you refused, fine, now you will need to exit your vehicle. That I can force.
But I am not talking about somebody not rolling their window down any. That part I get, it applies here too. But if I choose to only roll my window down 1" or 2", that is enough space to get O/L and other papers out, and to get a ticket book in for signing. My question is what gives the LEO the authority to make a person roll the window down any further? In VA, no such authority exists. If a person only wants to roll their window down far enough to exchange paperwork/ticket book, then so be it. If I were stopped and REALLY wanted to be pissy, all I have to do is PRODUCE my O/L and registration......meaning, I press it up against the car window and do not have to hand it to you. Crazy, I know. Then I just roll my window down enough for the LEO to slip the summons through, sign it, slide it back out to him, and viola....I am on my way.
#dickmove? LOL
[video=youtube_share;gwYBshAScmE]http://youtu.be/gwYBshAScmE[/video]
#whosthebiggoonattheendstandingoutsidethetruck?
Not really a dick move, but the guy was obviously getting irritated and losing his cool. Personally, I have no issue with what the driver did.
VA sucks then lol.
Here you are required to hand the required documentation to the officer.
About forcing the window down authority, it all depends on the totality of the circumstances. If the officer feels the need to and can articulate it, then he is fine. I personally wouldn't dick around with it. I would ask once and if the driver refused, then he is getting out of the car and we will talk there. Now if it is raining and stuff, I would understand.
Not every laws are written do the dot. Many are broad and based on reasonableness on officers actions.
Very simple example, If the lighting is bad and /or windows are tinted, and I cannot see the drivers hands, I may not comfortable with that and ask to roll the windows down. The driver of the traffic stop is detained during the remainder if the stop. Just like you stop and detain a suspicious person for questioning and asking him to get his hands out of his pocket. He needs to comply. No specific laws written on it, but by law it he needs to comply with that
Lawful order.
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