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  • civilian getting out of the vehicle on a stop

    i did a traffic stop the other night. the guy ended up driving the entire length of the street until he got home. he was crossing the centerline and i found out later, doin it on purpose.i asked him if he didnt see my lights, he stated, yes, he figured i followed him half way across g.d town, i could atleast follow him to his f 'ing house.

    well, i informed him wrong answer and wrote him a ticket for failure to yield to emergancy lights. my question is this. when he arrived at the house, he stepped out of the truck, i told him to please not exit the vehicle, he just laughed and stood against the side of the truck. during the entire traffic stop he was sarcastic and an a'hole. in that situation, was what i done apropriateor did i do enough? i had never had anyone act like that. he was not drunk or stoned or anything, just bein a buttehole.

    when he walked to the rear of the vehicle i called for back-up as this guy is 2 times my size and i didnt want to take a chance. he just stood at the rear of the vehicle and asked me if i was new, i told him i had been on the job for about 10 months. he laughed and signed the ticket.

    the whole traffic stop left a bad taste in my mouth, i had never had one go that way, most all of the time the people have been very polite and cooperative but this guy was a major buttehole. what would/should i have done differant?

  • #2
    We use Hawaii Law here. I would have arrested him for HRS 710-1027, Resisiting an order to stop a motor vehicle (misdemeanor), and then written him for every traffic violation he committed. It may not have stuck, but it would have humbled him a bit. Who knows, maybe he would have resisted?
    No man is justified in doing evil on the grounds of expediency. - Theodore Roosevelt, The Strenuous Life: Essays and Addresses (1900)

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    • #3
      One thing you can do when someone won
      Cogito ergo summopere periculosus.

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      • #4
        I'd have hooked him up for obstructing.
        Two people can keep a secret if one of them is dead.

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        • #5
          [QUOTE=mobrien316]One thing you can do when someone won
          Cowboys in town. Trouble expected.

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          • #6
            FL law mandates that we can require someone to either stay in their vehicle OR step out. We cannot however make them go back and fourth. I would have asked him once, if he refused, I would have asked once more, after that... he is going for failure to obey a lawful command.
            In law enforcement, the customer is ALWAYS wrong.

            In God we trust. Everyone else is run through NCIC.

            Sometimes there is justice. Sometimes there is just us.

            I'd rather be tried by 12 then carried by 6.


            The opinions given in my posts do not necessarily reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only.

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            • #7
              Have the guy sit on the curb. If you have a cage, put him in the back of the car till you are done with the cite. But dont let him wander around.

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              • #8
                I just would have arrested him.
                Talk sense to a fool, and he will call you foolish - Euripides

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                • #9
                  He would have been arrested for disorderly conduct and possibly elluding an officer for his little joyride home if he was being that much of a dick. I then would have proceeded to go over his vehicle with a fine tooth comb and find every ticket I could write. There's no call for acting like that.

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                  • #10
                    if you insult my intelligence you are going to jail.
                    Hey Ms. call my peoples yo!

                    07/03/04
                    Officer Brian D. Winder Rest in peace

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                    • #11
                      I would have arrested him for not stopping. However, even if he hadn't done that, I'd have told him to get in his car and wait or get in my car and wait in handcuffs.

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                      • #12
                        Originally posted by sflcop
                        FL law mandates that we can require someone to either stay in their vehicle OR step out. We cannot however make them go back and fourth. I would have asked him once, if he refused, I would have asked once more, after that... he is going for failure to obey a lawful command.
                        10-4 We can position the DRIVER in or outside the vehicle, but not the passenger unless the passenger commited an offense himself, is a hazard in or out of the vehicle, or gets involved in one way or another. If somebody deceides not to stop and admits to seeing my red/blue's I would have arrested him for FLEEING & ELUDING and any FLEEING in Florida is a Felony!

                        316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.--

                        (1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

                        (2) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

                        (3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding:

                        (a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

                        (b) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person's vehicle, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

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                        • #13
                          Yep, shoulda hooked him for sure. In my city, disorderly conduct, failure to obey, failure to yield, and failure to maintain a single lane for starters. Then tow his car. They love that.

                          Don't let it get you down though, it happens. In the future though, don't let these bastards control your stop. YOU are in control of the situation and they must realize that, or you need to educate them.

                          Now the next time you see this piece of work in his car, pick out something he does wrong and take another try at it!

                          Huh, just saw your from Mo. I was going to mention this before but I wasn't sure where you were from and if it was the same everywhere, but legally we can arrest for EVERYTHING. Even a seatbelt violation if the guys really being a dick, like this one was. Just food for thought.
                          "He who controls others may be powerful, but he who has mastered himself is mightier still"

                          -Lao Tzu

                          "God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference."

                          -Reinhold Niebuhr

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                          • #14
                            Failing to yield to an emergency vehicle and getting out of a car makes for a very dangerous situation.

                            I personally would have at least had my firearm out at the low ready.

                            I would tell him to get in the car or he would be tazed or pepper sprayed.

                            If he didn't comply getting back in the car he would be tazed or pepper sprayed and arrested.

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                            • #15
                              From a UK point of view....
                              If the arse had done that to one of our units...it would have been..Vehicle checks via the computer or control as he's driving along.If he didnt stop when we used our lights and sirens,he would have been followed and another unit called for.
                              Once stopped we normally get folk straight out of the car and secure the keys.Then if he's giving all that crap about hey you can durn follow me home then arrest me...Well if the vehicles not registered in his name...well hey we can talk about arrestng you on suspicion of stealing a vehicle,no smell of alcohol we can go down the road of field impairment tests for drugs,if no result,we can go over car with a fine toothcomb and start issuing fines for bald tyres,loose batteries,check for insurance etc..
                              Ive that same situation to a degree before,you walk away feeling like an idiot at Mr Smug who laughing at you and theres little we can do to him at the time.
                              However you gave him a ticket,thats a fine,he's Mr Anti police for a reason,do a bit of checking on him...wouldnt it be horrible if he had unpaid fines,uninsured vehicles etc....
                              At the end of the day,it happened,its done.One thing though,when ever the old"How long you in the job son?"comes up...Dont give them any time frame...ignore it...its a precursor to an insult or argument anyhow.
                              My balding dome makes me look older so i never looked like a puppy even when i started...

                              Oh i miss hair.....But sounds like you did ok.
                              "Well, I never had an invisible friend when I was young, but I'm sure that if I did, it would be Constable Smiley."

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