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

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  • Rush817
    replied
    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.

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  • PtlCop
    replied
    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.

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  • PtlCop
    replied
    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.

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  • stillamarine
    replied
    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.

    Leave a comment:


  • Fuzz
    replied
    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??
    That answer is going to vary based on city, state, agency, courthouse, etc.

    For my department there are three.....1 to the court, 1 to the violator, 1 to the department

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  • crass cop
    replied
    I always do during some point of the conversation....no need to be a dik about it. I really dont know if its required or not.

    4 copies here: 1 yellow for driver and 3 for us....dunno where they go after I turn them in.

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  • NextGenOfc
    replied
    Quick question, kind of random lol, how many copies are there that come with a ticket and where do they each go??

    Leave a comment:


  • DaisyCutter
    replied
    Some infractions are so severe that it could be viewed as antagonistic to ask "Do you know why I pulled you over?"

    Like when you see a driver exit his car at a red light, urinate in the street while drinking a beer, and then re-enter his vehicle and continue to drive once the light turns green.

    In police work, that's called a clue.


    If I roll up and see a guy stuffing his partner into a chipper-shredder, I'm cuffing him and stuffing him inside my patrol car. I'm not saying a word to him until detectives show up. They will explain things to him and take his statement(s) in a special room.



    IF I'm only giving a warning, then I'll explain the infraction. If I'm going to cite them, I'll have the cite filled out and ready to sign when I inform. This minimizes roadside argument time. Plus, I don't want my eyes and hands focused on filling out the citation after they know they are getting a cite.

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  • LA DEP
    replied
    Originally posted by ateamer View Post
    The referenced seven steps on a car stop is part of Verbal Judo, oops, meant "Tactical Communication".

    There is no requirement to tell the violator the reason for the stop, but I pretty much always do. It usually leads to him or her making some admission of the violation.
    So, the first thing you should say is 'lookie lookie here, this is what I stopped you for?'

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  • ateamer
    replied
    The referenced seven steps on a car stop is part of Verbal Judo, oops, meant "Tactical Communication".

    There is no requirement to tell the violator the reason for the stop, but I pretty much always do. It usually leads to him or her making some admission of the violation.

    Leave a comment:


  • PhilipCal
    replied
    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.
    X-2. Additional comment(s). The proceeding reply reflects Alabama Law on the subject you've raised. On a personal note, I made it a practice to inform any violator I stopped, the reason why I had stopped them. That practice won't totally eliminate arguments, but it can reduce the number of arguments an Officer will get. It serves to inform the citizen that there is a definite reason why you're taking his time. He may not always be happy about that, but at least he knows.

    Leave a comment:


  • SgtCHP
    replied
    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.

    Leave a comment:


  • Mabbottusmc
    replied
    When I pull you over your citation will have the reason I pulled you over for on it. Sign in the red box and press hard.

    Leave a comment:


  • deputy x 2
    replied
    We have to have a reason to stop you (can't do it just because) but we are not required to tell you.

    You'll know when you sign the ticket.

    Leave a comment:


  • LA DEP
    replied
    Required by LAW to state the purpose of the stop?......nope

    Leave a comment:

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