Leader

Collapse

Announcement

Collapse
No announcement yet.

Is a Peace Officer required to state the purpose of a traffic stop in CA?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by SgtCHP View Post
    LEOs in CA are required to advise an arrestee of the purpose for the arrest. A traffic stop is a detention and, although many agencies have policies requiring their officers to advise a driver the reason for the stop, it is not a requirement of law.

    However, the officer must advise the driver the reason upon issuance of an enforcement document.

    Remember, television is not reality and that includes "reality" shows. Not once in my career did I ever identify myself to a violator. If they cannot tell from my uniform, badge and other items, they should not be driving.
    Technically speaking, as the USSC defines an arrest as, for law enforcement purposes, anytime your freedom of movement is restricted....one could make the argument that by this definition, a LEO in California IS required by law to state the purpose of the stop. A person is absolutely "arrested" during a traffic stop as defined by the supreme court. That's a pretty broad way of looking at the situation, but I could absolutely see a defense attorney taking that route.
    Originally posted by K40
    To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
    ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

    Comment


    • #17
      Originally posted by NextGenOfc View Post
      Quick question, kind of random lol, how many copies are there that come with a ticket and where do they each go??
      All of mine are electronically submitted, so I print a copy for the violator on the side of the road, everything else is electronically dumped into our records department and sent to the court that way.
      Originally posted by K40
      To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
      ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

      Comment


      • #18
        Originally posted by stillamarine View Post
        By policy it's suppose to go something like this "Good Afternoon, I'm Officer XXXX with the Birmingham Police Dept and the reason I pulled you over is xxxx, May I see your license, insurance and tag receipt?" Like I said that's policy, but I rarely do such a thing.

        Also, we have 4 copies of our tickets, 1 to the violator, 1 to the precinct, 1 to the court and 1 for the officer to keep.
        My 7 step violator contact is similar to yours except I don't tell them why they were stopped until I have their DL or personal info in hand. I've learned people want to argue about the violation. So I like to have their info, walked back to my squad and issue the citation.

        We have three copies; 1 for courts, 1 for the violator and 1 for the officer to make notes. I attach my copy to the courts copy so I don't have to go looking for it 6 months to year from now.
        Last edited by Rush817; 10-01-2009, 10:22 AM.
        Strong Body, Sharp Mind And Good Tactics!

        Comment

        MR300x250 Tablet

        Collapse

        What's Going On

        Collapse

        There are currently 5449 users online. 343 members and 5106 guests.

        Most users ever online was 26,947 at 08:36 PM on 12-29-2019.

        Welcome Ad

        Collapse
        Working...
        X