Podcast
Questions and Answers
What should you establish from the very outset of a traffic stop event?
What should you establish from the very outset of a traffic stop event?
- Your right to remain silent
- Your refusal to do business with the officer (correct)
- Your reason for stopping
- Your consent to the conversation
What should you ask the officer if they request information or documents?
What should you ask the officer if they request information or documents?
- What is the reason for the stop?
- Do I have the right to remain silent?
- Is that a request or a demand? (correct)
- Am I free to go?
Why is it important to ask the officer if you are free to go?
Why is it important to ask the officer if you are free to go?
- To establish that you do not consent to the contact (correct)
- To avoid court proceedings
- To determine the reason for the stop
- To show your willingness to cooperate
When a police officer stops you on the street, the stop will fall into one of three categories. What are these categories?
When a police officer stops you on the street, the stop will fall into one of three categories. What are these categories?
What is the purpose of establishing a courteous beginning with a law enforcement officer?
What is the purpose of establishing a courteous beginning with a law enforcement officer?
Why does a law enforcement officer need your consent and testimony during a traffic stop?
Why does a law enforcement officer need your consent and testimony during a traffic stop?
What happens if you do not establish by your own statement that you do not agree to be stopped?
What happens if you do not establish by your own statement that you do not agree to be stopped?
What is the time limit established by statutory law for being stopped?
What is the time limit established by statutory law for being stopped?
What is the first objective of the officer in dealing with you?
What is the first objective of the officer in dealing with you?
What is the purpose of asking the officer for his identification?
What is the purpose of asking the officer for his identification?
What should you say to get a request on the record?
What should you say to get a request on the record?
What should you ask the officer if he is still attempting to detain you after asking the fourth question?
What should you ask the officer if he is still attempting to detain you after asking the fourth question?
What should you do if the officer answers that he is detaining you?
What should you do if the officer answers that he is detaining you?
What should you ask the officer if he states that he has a well founded probable cause?
What should you ask the officer if he states that he has a well founded probable cause?
What should you do if you feel that a police officer may become violent during an interaction?
What should you do if you feel that a police officer may become violent during an interaction?
What information should you give when asked for identification purposes during an interaction with a police officer?
What information should you give when asked for identification purposes during an interaction with a police officer?
In what situation are you subject to your state's traffic regulatory scheme, according to the text?
In what situation are you subject to your state's traffic regulatory scheme, according to the text?
What should you do if an officer detains you without stating a probable cause reason?
What should you do if an officer detains you without stating a probable cause reason?
During a traffic stop, the encounter between you and a law enforcement officer can fall into which of the following categories?
During a traffic stop, the encounter between you and a law enforcement officer can fall into which of the following categories?
What is the purpose of establishing a courteous beginning with a law enforcement officer during a traffic stop?
What is the purpose of establishing a courteous beginning with a law enforcement officer during a traffic stop?
Why is it important to question and make a determination of the authority of anyone who approaches you purporting to represent a government agency?
Why is it important to question and make a determination of the authority of anyone who approaches you purporting to represent a government agency?
What should you say if a police officer refuses to give you their business card during an interaction?
What should you say if a police officer refuses to give you their business card during an interaction?
When may an officer have a legal basis for probable cause during a traffic stop?
When may an officer have a legal basis for probable cause during a traffic stop?
What are the constitutional grounds that can defeat a traffic law violation charge?
What are the constitutional grounds that can defeat a traffic law violation charge?
What should you do if you are asked to sign something during a traffic stop?
What should you do if you are asked to sign something during a traffic stop?
What should you do if you are stopped by a police officer?
What should you do if you are stopped by a police officer?
What is the purpose of establishing a time limit during a traffic stop?
What is the purpose of establishing a time limit during a traffic stop?
What is the purpose of asking the officer if a request is a demand?
What is the purpose of asking the officer if a request is a demand?
Why is it important to ask the officer for his identification?
Why is it important to ask the officer for his identification?
What is the first question you should ask the officer when they request information or documents?
What is the first question you should ask the officer when they request information or documents?
What should you do if the officer does not answer "yes" to your question about remaining silent?
What should you do if the officer does not answer "yes" to your question about remaining silent?
Why is it important to ask the officer multiple times if you are free to go?
Why is it important to ask the officer multiple times if you are free to go?
What should you say to the officer if he answers that he is not detaining you?
What should you say to the officer if he answers that he is not detaining you?
What should you do if the officer answers that he is detaining you without a well founded probable cause?
What should you do if the officer answers that he is detaining you without a well founded probable cause?
What should you ask the officer if he states that he has a well founded probable cause?
What should you ask the officer if he states that he has a well founded probable cause?
What should you do if the officer requests information or documents?
What should you do if the officer requests information or documents?
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?
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?
What does it mean when a document is considered 'prima facie' evidence of consent?
What does it mean when a document is considered 'prima facie' evidence of consent?
Why is it important to read everything handed to you during a traffic court proceeding?
Why is it important to read everything handed to you during a traffic court proceeding?
What is the right of avoidance?
What is the right of avoidance?
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?
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?
What term should you use to refer to the state's 'case' against you in order to avoid inferring jurisdiction?
What term should you use to refer to the state's 'case' against you in order to avoid inferring jurisdiction?
What federal codes can government officials and employees be charged with if they bypass your right of refusal and your rights in general?
What federal codes can government officials and employees be charged with if they bypass your right of refusal and your rights in general?
What should you do if you are asked to sign something during a traffic stop?
What should you do if you are asked to sign something during a traffic stop?
What is the purpose of establishing all the facts around your refusal for cause during a court proceeding?
What is the purpose of establishing all the facts around your refusal for cause during a court proceeding?
What happens if you enter a plea at an arraignment?
What happens if you enter a plea at an arraignment?
What should you say if the judge asks you a question after presenting your refusal for cause?
What should you say if the judge asks you a question after presenting your refusal for cause?
What is the FIRST THING that must come out of your mouth during a traffic court appearance?
What is the FIRST THING that must come out of your mouth during a traffic court appearance?
What does "special appearance" indicate in a traffic court?
What does "special appearance" indicate in a traffic court?
What is the purpose of the "refused for cause" process during a traffic court appearance?
What is the purpose of the "refused for cause" process during a traffic court appearance?
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?
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?
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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.
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