51 Questions
What should you establish from the very outset of a traffic stop event?
Your refusal to do business with the officer
What should you ask the officer if they request information or documents?
Is that a request or a demand?
Why is it important to ask the officer if you are free to go?
To establish that you do not consent to the contact
When a police officer stops you on the street, the stop will fall into one of three categories. What are these categories?
Consensual contact, detention, and/or arrest
What is the purpose of establishing a courteous beginning with a law enforcement officer?
To obtain the desired outcome
Why does a law enforcement officer need your consent and testimony during a traffic stop?
To build a case against you for a traffic infraction
What happens if you do not establish by your own statement that you do not agree to be stopped?
A presumption is created that you do agree to being detained
What is the time limit established by statutory law for being stopped?
15 minutes
What is the first objective of the officer in dealing with you?
To form a contract
What is the purpose of asking the officer for his identification?
To satisfy yourself that he isn't an impostor
What should you say to get a request on the record?
I am handing this over under duress
What should you ask the officer if he is still attempting to detain you after asking the fourth question?
Am I free to go?
What should you do if the officer answers that he is detaining you?
Ask if he has a well founded probable cause
What should you ask the officer if he states that he has a well founded probable cause?
Do you have a license to make such a legal determination?
What should you do if you feel that a police officer may become violent during an interaction?
Politely ask for the officer's business card
What information should you give when asked for identification purposes during an interaction with a police officer?
Your True Name (First Middle) only
In what situation are you subject to your state's traffic regulatory scheme, according to the text?
All of the above
What should you do if an officer detains you without stating a probable cause reason?
Memorize their badge number and/or name
During a traffic stop, the encounter between you and a law enforcement officer can fall into which of the following categories?
Consensual contact, detention, and/or arrest
What is the purpose of establishing a courteous beginning with a law enforcement officer during a traffic stop?
To obtain the desired outcome
Why is it important to question and make a determination of the authority of anyone who approaches you purporting to represent a government agency?
To ensure your rights are honored
What should you say if a police officer refuses to give you their business card during an interaction?
Memorize their badge number and/or name
When may an officer have a legal basis for probable cause during a traffic stop?
All of the above
What are the constitutional grounds that can defeat a traffic law violation charge?
All of the above
What should you do if you are asked to sign something during a traffic stop?
Write 'under duress' above your signature
What should you do if you are stopped by a police officer?
Establish that you do not voluntarily consent to being detained and ask your own questions
What is the purpose of establishing a time limit during a traffic stop?
To assert your rights and be free to go if reasonable cause is not established within the time limit
What is the purpose of asking the officer if a request is a demand?
To demonstrate knowledge of your rights
Why is it important to ask the officer for his identification?
To satisfy yourself that he isn't an impostor
What is the first question you should ask the officer when they request information or documents?
Is that a request or a demand?
What should you do if the officer does not answer "yes" to your question about remaining silent?
Ask "Is that a request or a demand?" again
Why is it important to ask the officer multiple times if you are free to go?
To establish that you do not consent to the contact
What should you say to the officer if he answers that he is not detaining you?
Ask him if you are free to go
What should you do if the officer answers that he is detaining you without a well founded probable cause?
Remind him that when an individual is detained without warrant and without having committed a crime, the detention is a false arrest and unlawful imprisonment
What should you ask the officer if he states that he has a well founded probable cause?
Ask him what specific and articulable facts he has as the basis for detaining you
What should you do if the officer requests information or documents?
Ask him if anything you say or any documents you give can be used against you in any legal matter
During a traffic stop, what should you do if you are handed a document entitled 'Notice of Charges, Etc., And Preliminary Entry of Plea' to sign?
Refuse to sign it and ask questions for the judge.
What does it mean when a document is considered 'prima facie' evidence of consent?
The document is considered evidence of consent at face value.
Why is it important to read everything handed to you during a traffic court proceeding?
To ensure you are fully informed and not tricked into consenting to jurisdiction.
What is the right of avoidance?
The right to avoid an unconscionable contract or agreement
What action must be taken if the officer cannot produce an original written contract that you signed attesting that you would obey the traffic codes?
The action must be dismissed
What term should you use to refer to the state's 'case' against you in order to avoid inferring jurisdiction?
This matter
What federal codes can government officials and employees be charged with if they bypass your right of refusal and your rights in general?
Title 18 United States Code (U.S.C.) §241 and §242
What should you do if you are asked to sign something during a traffic stop?
Sign your full name and write 'under duress' or 'without prejudice' above your signature
What is the purpose of establishing all the facts around your refusal for cause during a court proceeding?
To challenge jurisdiction and set the record straight
What happens if you enter a plea at an arraignment?
The judge assumes jurisdiction and the case proceeds
What should you say if the judge asks you a question after presenting your refusal for cause?
'I have nothing more to say. It's all in my filed papers, Sir.'
What is the FIRST THING that must come out of your mouth during a traffic court appearance?
State that you are there by special appearance
What does "special appearance" indicate in a traffic court?
It challenges the court's jurisdiction
What is the purpose of the "refused for cause" process during a traffic court appearance?
To switch the burden of proof to the plaintiff
What should you do if the judge asks a question that is not related to the refusal for cause or challenge to presumptions of law?
Remind the judge of your special appearance and ask him to stay on point
Study Notes
Asserting Your Rights During a Police Stop
- When pulled over by a law enforcement officer, it is important to know your rights and remain calm and courteous.
- A police stop can fall into one of three categories: consensual contact, detention, or arrest.
- You have the right to question and determine the authority of anyone claiming to represent a government agency.
- You can establish at the outset that you do not consent to being detained if the stop has nothing to do with an actual crime.
- Once you are stopped, you have the right to be allowed to go within a reasonable time limit, which is typically 15 minutes.
- By informing the officer that they have 15 minutes to establish reasonable cause for the stop, you assert your rights and put a time clock on their actions.
- There are different ways to handle police encounters, depending on your comfort level and knowledge of your rights.
- It is generally not recommended to converse with law enforcement, especially during a traffic stop.
- By asking specific questions and making statements, such as asking if the officer has specific and articulable facts to detain you, you can assert your rights and control the encounter.
- If the officer attempts to detain you without probable cause, you can inform them that the detention is a false arrest and unlawful imprisonment.
- It is important to remind the officer that traffic infractions are not crimes and that detaining you for such reasons violates your sovereign rights.
- You can also ask the officer if they have a license to make a legal determination and, if they do not, they must allow you to go.
Quiz: Know Your Rights - Asserting Yourself in Difficult Situations Test your knowledge of your rights and how to assert them in challenging situations with this informative quiz. Learn when it is within your rights to deny a request and how to accede to a demand "under duress." Discover the importance of exercising your right to remain silent and how to communicate effectively to ensure your rights are respected. Equip yourself with valuable information to confidently navigate difficult encounters.
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