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Two questions pertaining to being stopped in a car by police.
#1
I've been watching a few videos on YouTube lately and it's got me wondering about a couple of things.

One, if you are stopped by police and they demand you get out of the car are you legally required to? Are there any stipulations or anything that must be met on their part to have someone removed from their own vehicle? I've never seen this addressed specifically and have been curious about it.

Second, if you are a passenger in a vehicle that is stopped are you required to present ID when it is demanded?
When they come for my guns; It is not my right, at that point,
but my responsibility to respond in the name of liberty.
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#2
Xavier;76579 Wrote:I've been watching a few videos on YouTube lately and it's got me wondering about a couple of things.

One, if you are stopped by police and they demand you get out of the car are you legally required to? Are there any stipulations or anything that must be met on their part to have someone removed from their own vehicle? I've never seen this addressed specifically and have been curious about it.

Second, if you are a passenger in a vehicle that is stopped are you required to present ID when it is demanded?

Yes, no and no.
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#3
ExcelToExcel;76615 Wrote:
Xavier;76579 Wrote:I've been watching a few videos on YouTube lately and it's got me wondering about a couple of things.

One, if you are stopped by police and they demand you get out of the car are you legally required to? Are there any stipulations or anything that must be met on their part to have someone removed from their own vehicle? I've never seen this addressed specifically and have been curious about it.

Second, if you are a passenger in a vehicle that is stopped are you required to present ID when it is demanded?

Yes, no and no.
Care to expand on that? Yes, you are required to get out? Why? What law covers that?
When they come for my guns; It is not my right, at that point,
but my responsibility to respond in the name of liberty.
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#4
This may help a little to understand some rights.



http://www.aclupa.org/issues/freespeech/...rotest.htm
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#5
"Am I being detained, or am I free to go?"

If you are being detained, you get out of your car and declare that you are practicing your fifth amendment right and wont speak without legal representation.

If you are free to go, drive away.
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#6
Getting out of the car is a reasonable and lawful order. Plant a secondary key outside your car. On your way out of the car lockit and throw the keys in it as you close the door. Now he needs a warrant that he wont get unless he sees a bag of pot or some blood dripping from your trunk..
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#7
ExcelToExcel;76673 Wrote:Getting out of the car is a reasonable and lawful order. Plant a secondary key outside your car. On your way out of the car lockit and throw the keys in it as you close the door. Now he needs a warrant that he wont get unless he sees a bag of pot or some blood dripping from your trunk..

Wrong. You're actions have now given him reason to believe that there is something illegal in your vehicle. He no longer needs a warrant.
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#8
billamj;76685 Wrote:
ExcelToExcel;76673 Wrote:Getting out of the car is a reasonable and lawful order. Plant a secondary key outside your car. On your way out of the car lockit and throw the keys in it as you close the door. Now he needs a warrant that he wont get unless he sees a bag of pot or some blood dripping from your trunk..

Wrong. You're actions have now given him reason to believe that there is something illegal in your vehicle. He no longer needs a warrant.

The logic you proposes is fundamentally no different than saying someone can be charged for a crime only because they exercised their 5A when asked a question by the police. Someone locking their keys in their car is not a criminal offense nor is it an indication of a criminal offense. If it was, every time college security unlocks a vehicle for a student, the student would be arrested.

At best, it is an indication that you don't want the officer to look inside the vehicle - for who knows what reason. You could have a dead body in the trunk, or you could really like your 4A. This by itself really does not rise to the level of probable cause.

However, if one is particularly clumsy and accidentally drops their keys on the floorboard as the door is closing... whoops. Angel
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#9
billamj;76685 Wrote:
ExcelToExcel;76673 Wrote:Getting out of the car is a reasonable and lawful order. Plant a secondary key outside your car. On your way out of the car lockit and throw the keys in it as you close the door. Now he needs a warrant that he wont get unless he sees a bag of pot or some blood dripping from your trunk..

Wrong. You're actions have now given him reason to believe that there is something illegal in your vehicle. He no longer needs a warrant.

BULL. Show me the fucking case law.
Soldats ! Faites votre devoir ! Droit au cœur mais épargnez le visage. Feu !
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#10
Really? Because the ACLU (a group I once belonged to) says otherwise in several court decisions. Unlike some people I don't make stuff up on the fly... My shit comes from sources.

http://www.youtube.com/watch?feature=pla...qMjMPlXzdA



billamj;76685 Wrote:
ExcelToExcel;76673 Wrote:Getting out of the car is a reasonable and lawful order. Plant a secondary key outside your car. On your way out of the car lockit and throw the keys in it as you close the door. Now he needs a warrant that he wont get unless he sees a bag of pot or some blood dripping from your trunk..

Wrong. You're actions have now given him reason to believe that there is something illegal in your vehicle. He no longer needs a warrant.

17:30
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