Detained by law enforcement

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Returning to the original topic (and f&c can confirm or massage these), some good replies are:

"I wish to leave now, Officer (Trooper, Constable, Deputy) -- am I free to go?"

"As a long-standing policy, I never answer personal questions. Am I free to go?"

Apparently, the longest time that a LEO can prevent you from going is about 20 minutes before a detention becomes illegal; however, the "clock" doesn't start ticking until you say that you wish to leave.

When asked "May I search your vehicle?":

"What would you be searching for, Officer (Trooper, Constable, Deputy)?"

"Well, drugs or guns."

"Why didn't you first ask me if I had any in the car?"

It's apparently also an exceptionally wise idea, if there's a sniff-drugging dog, to state that you forbid the handler from touching your vehicle. Some LEOs keep a small amount of marijuana in their pocket; they touch it, then touch your car; the dog alerts, and the LEO has probable cause to search your vehicle and worse.

Those are some good replies. I make it a point at the end of an encounter to specifically say, "you are free to go." As far as vehicle searches go, most officers do ask if you have weapons, drugs, contraband, etc...If they don't, you can ask those questions if you wish, but a respectful way of saying no will suffice.

The amount of time an officer can detain you is "reasonable". The 20 minute rule is the widely accepted standard though. As for drug detection dogs. I have been around many K-9 handlers and have yet to see one keep drugs in their pockets. You cannot forbid a dog from walking around a vehicle for an open air search. If the dog alerts while walking around the vehicle, the officer has PC to allow the dog and officers to search your vehicle without consent.

For those weed smokers out there, I would highly recommend that you do not smoke or keep it in your vehicle for long. That stuff is easy to smell and once an officer smells it, your vehicle and person can be searched without consent. Most officers still prefer to obtain consent, but it is not required in this situation.

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I meant to quote TboneTX's last post. Sometimes I screw it up on my iPad. Sorry about that.

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_{I do not hail from Texas, but currently live here. At the end of the day, all Law Enforcement personnel are people, with every level of quality (good and bad), just like everyone else. Slow day, bad attitude, name your reason for the hassle factor. I suggest that you could be hassled anywhere on the planet, from marginal law enforcement people. Having lived in 7 US states, I haven't noticed or heard about specific areas that are exempt.}

_{Regret to hear that you were hassled for simply jogging, but something did raise the "probable cause" flag, which is a requirement for a stop on a pedestrian or motorist. On the other hand and if you can prove it, a stop without probable cause is grounds for a winnable lawsuit.}

Very true post. There are some bad police officers out there, but the vast majority that I have worked with are great and understand the law. Some posters choose to impugn them and that is certainly their right. Most officers have much better things to do than to harass people for no reason, but I know it happens. We respond to vehicle accidents, medical calls, domestic disputes, assaults, etc...and we often see things that no one should ever see and have our heads on a swivel. We usually deal with people who just went through something horrible.

The next time you see cops working a beat, try to consider what that officer goes through on daily basis before thinking "what an arsehole." Many people despise us until they need us. I accept that and try to carry myself as professionally and pleasant as possible. In the end, my goal is to do my job with the least amount of interference in people's daily lives and movement as possible and make it home to my family.

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Very true post. There are some bad police officers out there, but the vast majority that I have worked with are great and understand the law. Some posters choose to impugn them and that is certainly their right. Most officers have much better things to do than to harass people for no reason, but I know it happens. We respond to vehicle accidents, medical calls, domestic disputes, assaults, etc...and we often see things that no one should ever see and have our heads on a swivel. We usually deal with people who just went through something horrible.

The next time you see cops working a beat, try to consider what that officer goes through on daily basis before thinking "what an arsehole." Many people despise us until they need us. I accept that and try to carry myself as professionally and pleasant as possible. In the end, my goal is to do my job with the least amount of interference in people's daily lives and movement as possible and make it home to my family.

I think that's good advice f&c in general. I respect law enforcement officers and the law. At the same time I think it's important to know our rights. While the YouTube video I posted had good information about real events, I didn't like the demeanor of the drivers that were stopped. They were all arrogant and defensive. There is a way to say what you mean, without being mean. Assert yourself to the officer and always be respectful. Pissing them off isn't going to help anything, but you need to stand your ground even if it means sounding like a calm broken record.

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I think that's good advice f&c in general. I respect law enforcement officers and the law. At the same time I think it's important to know our rights. While the YouTube video I posted had good information about real events, I didn't like the demeanor of the drivers that were stopped. They were all arrogant and defensive. There is a way to say what you mean, without being mean. Assert yourself to the officer and always be respectful. Pissing them off isn't going to help anything, but you need to stand your ground even if it means sounding like a calm broken record.

You're right. Attitude and respect go a long way. I absolutely believe people should understand their rights. I didn't watch the video you posted, but I've seen many videos that try to explain people's rights during police encounters. Some good. Some bad. Schools do a terrible job teaching the Constitution and civics and that has to change. I would like to see how natural born citizens score on the naturalization exam. I bet it would be an eye opener.

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For those weed smokers out there, I would highly recommend that you do not smoke or keep it in your vehicle for long. That stuff is easy to smell and once an officer smells it, your vehicle and person can be searched without consent. Most officers still prefer to obtain consent, but it is not required in this situation.

That would be State specific.

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You're right. Attitude and respect go a long way. I absolutely believe people should understand their rights. I didn't watch the video you posted, but I've seen many videos that try to explain people's rights during police encounters. Some good. Some bad. Schools do a terrible job teaching the Constitution and civics and that has to change. I would like to see how natural born citizens score on the naturalization exam. I bet it would be an eye opener.

I think many schools are not even teaching the Constitution today, which is sad and pathetic. I keep a pocket copy of the Constitution with me all the time. It's short and not difficult to read, but one does need to know a few things to get some foundation for understanding it. It's that short document that sets our country apart from the rest of the world, not only for the paper it's written on, but because so many choose to preserve, protect and defend it, even to the death. But, there are also more people today than ever before who would like nothing more than to shred it and insert their own rules in its place.

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Every Country has something that sets them apart, Magna Carta for example.

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Every Country has something that sets them apart, Magna Carta for example.

The US is the best of the rest, which is why so many are trying to come here. Not perfect, but a helluva lot better than the other options. Most people might be surprised that China is not a bad place to live today. I lived and worked there for six years. Now, during my time I noticed that I felt more safe on the street and had less intrusion into my personal life than that in the US. But, they've got big problems with pollution, corruption, and third-world medical care facilities. The trade-off isn't worth it.

I would not consider the European and Latin options as they are more closely aligned with socialism and do not have the same rewards for hard work as America. But, then again, I'm a Libertarian so I take notice of the differences the US Constitution and the Rule of Law offer when compared to other countries.

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​This is a very interesting topic,let me tell you about what happened in LA when an elderly couple from yorkshire on a coach tour holiday decided to go for an after dinner walk one evening from their overnight hotel.The cops pulled up beside them,they asked what they were doing walking in the neighbourhood,they asked them where they were from,where they were staying,then they insisted on taking them back to their hotel in the police car where the cops asked to see the hotel manager,they gave the manager a dressing down for not advising his guests that walking wasn't a good idea when the hotel was only 2 blocks from a very bad neighbourhood ! Was this a breach of the couples rights ? It seems to me that cops have a job to do and people walking along a highway may attract attention since most people dont walk unless its in the park or by the lakes they prefer to drive even if its to the next block,even sidewalks are not that common where i live,you get one sidewalk on one side of the road and few street lights except at junctions and intersections.Maybe a polite question to the officer why he had stopped me would have been better than asking if i was being detained,maybe giving your name and a reason why im walking would have been wiser, and also thanking the officer for bringing to my attention that it was a high crime area ''i didnt know that officer,thank goodness you told me, its a good job i dont have my wallet with me ''

wasn't it Napolean that once said ''Good politics is making people believe that they have Freedom '' ??

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That would be State specific.

Correct. I should have said in the State of Georgia, however search and seizure laws and practices are tied the Constitution and Federal law. A peace officer can be sued in Federal Court for violating civil rights.

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Codie, I like the Napoleon quote.

It wasn't a breach of the elderly couples rights, but it does seem a little intrusive. But, you have to consider the motivation of the police officers involved who are sworn to "serve, protect, and defend" the population. It used to be safe to walk on the streets of America at night, and if you're in a dangerous neighborhood, it's probably never safe. It seems in this case the officers considered the couple to be a little naive and were simply trying to protect them from harm. From what you described it doesn't sound like they were detaining or threatening them, but they also could have told them they might get raped, robbed or shot and would be better if they just went back to the hotel for the evening.

Now, after saying all that, I do agree that there are far too many American law enforcement officers who wield their badges and guns with the thrill of power and arrogance. Their intent is to scare the be-jesus out of the general public and intimidate. It's for this reason that it's important for everyone, including visitors and non-citizens to know their rights. The same rights apply to legal and illegal foreigners in America as those of the American citizen; well, as far as being stopped on the street anyway.

Edited February 24, 2014 by CNTrav

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That would be State specific.

And we all know about Colorado and Washington. Haha

I think many schools are not even teaching the Constitution today, which is sad and pathetic. I keep a pocket copy of the Constitution with me all the time. It's short and not difficult to read, but one does need to know a few things to get some foundation for understanding it. It's that short document that sets our country apart from the rest of the world, not only for the paper it's written on, but because so many choose to preserve, protect and defend it, even to the death. But, there are also more people today than ever before who would like nothing more than to shred it and insert their own rules in its place.

I have a pocket Constitution and have a Constitution app on my phone.

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The US is the best of the rest, which is why so many are trying to come here. Not perfect, but a helluva lot better than the other options. Most people might be surprised that China is not a bad place to live today. I lived and worked there for six years. Now, during my time I noticed that I felt more safe on the street and had less intrusion into my personal life than that in the US. But, they've got big problems with pollution, corruption, and third-world medical care facilities. The trade-off isn't worth it.

I would not consider the European and Latin options as they are more closely aligned with socialism and do not have the same rewards for hard work as America. But, then again, I'm a Libertarian so I take notice of the differences the US Constitution and the Rule of Law offer when compared to other countries.

Best of the rest ? Hahahahahah Yeah right ! Maybe if you are from albania or china yes it is better, I wouldnt say the USA is a better place than europe for a standard of living or happiness,no way ! the US is a country of extremes,huge riches and for others terrible poverty,europe has a better healthcare system by far,unless you are rich that is !!! I wouldnt say i felt more safe here either,in fact for the first time in my life im starting to notice neighbourhoods and whether they are good or bad or what ethnic people tend to live there,for the first time in my life im understanding why some have guns in their homes,i wouldnt say the constitution offers more protection either than anywhere else in europe,especially not better than Great Britain bearing in mind that the first 14 articles or so in the constitution are taken from English laws some of which go back to Magna Carta,and basically, its a British document with a few ammendments,and besides that,rights are often forgotten when stood on a kerbside with two cops regardless of whether you live in Chicago or Paris or London,maybe the cops in London would be more tolerant in fact !!!!

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Best of the rest ? Hahahahahah Yeah right ! Maybe if you are from albania or china yes it is better, I wouldnt say the USA is a better place than europe for a standard of living or happiness,no way ! the US is a country of extremes,huge riches and for others terrible poverty,europe has a better healthcare system by far,unless you are rich that is !!! I wouldnt say i felt more safe here either,in fact for the first time in my life im starting to notice neighbourhoods and whether they are good or bad or what ethnic people tend to live there,for the first time in my life im understanding why some have guns in their homes,i wouldnt say the constitution offers more protection either than anywhere else in europe,especially not better than Great Britain bearing in mind that the first 14 articles or so in the constitution are taken from English laws some of which go back to Magna Carta,and basically, its a British document with a few ammendments,and besides that,rights are often forgotten when stood on a kerbside with two cops regardless of whether you live in Chicago or Paris or London,maybe the cops in London would be more tolerant in fact !!!!

I expected a little push-back on that one. haha. It's okay. We're all partial to our home country. America used to be a safe place to live, but not anymore. There are a few countries more dangerous, but we're up near the top when it comes to violent crime.