Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 29
  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Police Questions at a Traffic Stop

    My question involves police conduct in the State of: Florida

    Hello, I was pulled over recently for an equipment failure, and the police asked a number of questions, like my local address, permanent address, place of employment and their phone number, etc. Is this normal for a traffic stop? Why would they ask these sorts of questions? Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police Questions at a Traffic Stop

    Quote Quoting misterint
    View Post
    My question involves police conduct in the State of: Florida

    Hello, I was pulled over recently for an equipment failure, and the police asked a number of questions, like my local address, permanent address, place of employment and their phone number, etc. Is this normal for a traffic stop? Why would they ask these sorts of questions? Thanks!
    The police can ASK most any question they please. You may not be required to answer all of them. However, a contact and a permanent address, even place of business and phone number, sound like appropriate questions if they wanted to make sure they could get a hold of you later. Not knowing FL law I cannot say whether you were required to provide all of that information, but I suspect everything aside from your residence address was not legally required information.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Police Questions at a Traffic Stop

    from what I can find, the only time it is required to even divulge your name is if your are a suspect of a crime. Obviously, if the officer has detained you at a traffic stop, you are in fact a suspect of a crime. That, along with the requirement to provide proof of a license, giving your name is a must do.

    other than that, I have found nothing that would require you to answer any other question put forth by an officer.

    an officer often attempts to engage a person in conversation to attempt to judge that person, especially if there is a concern of alcohol or drug involvement. Sometimes it is to see if there is any justification for whatever he pulled you over for and maybe even using that as a reason to not cite you or determine what to cite you with. I suppose sometimes it's just to hear himself talk. I would suppose being on patrol by yourself can sometimes be lonely even with radio chatter.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police Questions at a Traffic Stop

    Quote Quoting jk
    View Post
    from what I can find, the only time it is required to even divulge your name is if your are a suspect of a crime.
    Some states require you to provide that information even if detained. Remember the not-too-distant USSC case of Hiibel v. Nevada?

    an officer often attempts to engage a person in conversation to attempt to judge that person, especially if there is a concern of alcohol or drug involvement. Sometimes it is to see if there is any justification for whatever he pulled you over for and maybe even using that as a reason to not cite you or determine what to cite you with. I suppose sometimes it's just to hear himself talk. I would suppose being on patrol by yourself can sometimes be lonely even with radio chatter.
    Some of us are just friendly. We talk. We are also curious - it is our nature.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Police Questions at a Traffic Stop

    If the driver was using a restricted license, it would have been VERY appropriate to ask questions about employment and the number.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police Questions at a Traffic Stop

    Quote Quoting cyjeff
    View Post
    If the driver was using a restricted license, it would have been VERY appropriate to ask questions about employment and the number.
    True enough.

    It can all be situational.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Police Questions at a Traffic Stop

    Quote Quoting misterint
    View Post
    My question involves police conduct in the State of: Florida

    Hello, I was pulled over recently for an equipment failure, and the police asked a number of questions, like my local address, permanent address, place of employment and their phone number, etc. Is this normal for a traffic stop? Why would they ask these sorts of questions? Thanks!
    I was stopped about 3 years ago for a license plate light out, and the officer asked for a DL and proof of insurance, which I produced. The only other thing he asked me was if I had been convicted of any other traffic offense in the last 12 months. I said No.

    The point was, if I had been, the charge at hand could have been elevated to a Misdemeanor of the 4th degree, which was then an arrestable offense, in line with state law. Not that I would have been arrested though. He told me to get it fixed and gave me a warning, that's all. So it depends on the officer's inquisitive nature and maybe other factors as to what s/he asks.

  8. #8
    Join Date
    Dec 2009
    Posts
    117

    Default Re: Police Questions at a Traffic Stop

    Quote Quoting cdwjava
    View Post
    The police can ASK most any question they please. You may not be required to answer all of them.
    This is the essence of it.

    Let's look at a case analysis though. Suppose you were stopped in West Baltimore. It's nighttime. It's a known drug or prostitution area. People driving into this 'hood have been known to get carjacked and/or robbed. Your driver's license has an East Baltimore address. He asks what you work address is. You give one even further east in Baltimore. Asking questions often leads to answers.

    A police officer's job is to investigate potential criminal activity. It was very recently that a police officer stopped a car that did not match the exact license plate description of a car being sought for a child's kidnapping. Nonetheless he was suspicious. What does he find? The little girl in the car. Who knows what might have happened had he not been doing his job.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Police Questions at a Traffic Stop

    =cdwjava;382641]Some states require you to provide that information even if detained. Remember the not-too-distant USSC case of Hiibel v. Nevada?
    what? other than name? Officer already had address due to license in hand but as a verification of validity of the license, I'll go along with that especially since the officer already has that info in hand but that is where is stops. No phone number, no where are you going. I cannot imagine there is a state in the country that compels such information. While Hiibel allowed the requirement of complying with a state law that required the disclosure of one's name, the justification was that that information would not be a violation of ones 5th amendment as ones identity can not in itself incriminate. Where are you coming from and where are you going can in fact incriminate. Where one works could also incriminate in certain situations but even under the 4th, I do not believe there is justification to compel the disclosure without legal justification as the information would, to me anyway, be an unreasonable intrusion without warrant.

    As to the phone number; no legal justification for the info plus it could be used to incriminate as well.


    Some of us are just friendly. We talk. We are also curious - it is our nature.
    Ah, what a sneaky guy you are Carl. I respect your professionalism but especially due to that, I imagine you are alway "on duty" so to speak, even if it looks like you are simply shooting the breeze with a detainee. I would imagine when you do go off duty, you actually know the name of the other party without having to ask of look at his license.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Police Questions at a Traffic Stop

    Quote Quoting jk
    View Post
    from what I can find, the only time it is required to even divulge your name is if your are a suspect of a crime. Obviously, if the officer has detained you at a traffic stop, you are in fact a suspect of a crime. That, along with the requirement to provide proof of a license, giving your name is a must do.

    other than that, I have found nothing that would require you to answer any other question put forth by an officer.
    Here is my states so called stop and identify law, and as you see, if I am a witness to a felony, I must give information to possibly be supeonaed at a later time. Hiibel concerned a Terry Stop, not a probable cause stop.

    If I am not mistaken, Ohio also has a Material witness arrest statute, so if I decline to give my name as required, and it is a major felony, I can possibly be arrested on that alone, and held as a material witness until I give such info, however, I am not all that familiar with the process. The US Code has a Material witness statute also.


    http://codes.ohio.gov/orc/2921.29

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Police Conduct: Can The Police Ask About Your Record During a Traffic Stop
    By Lala_1 in forum Police Investigations
    Replies: 20
    Last Post: 03-08-2011, 07:39 PM
  2. Interrogation: What Can the Police Question You About During a Traffic Stop
    By Mulletbird in forum Police Investigations
    Replies: 16
    Last Post: 10-21-2010, 11:57 PM
  3. Police Questions During A Traffic Stop
    By OneHaole in forum Police Investigations
    Replies: 1
    Last Post: 07-18-2007, 07:56 AM
  4. Answering Police Questions After A Traffic Stop
    By kcx1112 in forum Police Investigations
    Replies: 37
    Last Post: 07-09-2007, 10:13 AM
  5. Police Harassment and Traffic Stop
    By justpuzzled79 in forum Police Investigations
    Replies: 2
    Last Post: 07-08-2005, 07:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources