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- Опубликовано: 8 фев 2025
- Officer Safety Comes First!
When is a "Use Caution" alert enough to justify an automatic patdown? 🤔 Knowing the law is key to protecting yourself and your case. 💼 Let’s dive into how to stay safe while staying within the bounds of the Constitution. 👮♂️
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There is a reason i tell everyone that if a cop pulls you over, stay 10 and 2 until the leo walks up. Indicate to them that you are going to roll down the window, then do it. After that say "officer i invoke my right to remain silent. i will provide my license, insurance, and registration when commanded to." Then you provide the documents and remain silent. If you act exactly like that, there isn't any furtive movement. The officers know exactly what you are doing because they are giving commands to follow, and if you invoke your right to remain silent, they can't make conversation to extend the traffic stop. Im sure if someone who had a use caution flag said that exactly, annd followed commands , i dont think there would be RAS even in a high crime area.
They can still talk to you and ask you questions lol
@imbead6951 I don't think that is true because of Rodriguez v United States. The holding in Rodriguez v United States is an officer can not extend a traffic stop beyond its original intent without RAS of a separate crime. So if my 5th Amendment is invoked and I remain silent, it's clear I'm not going to talk. If I give them all my information, then they have everything they need to continue with the ticket or warning. So they would have an obligation to go back to their vehicle and write the ticket or warning. If they stood there and talked and asked questions, they would be extending. When they come back to the vehicle, they can't ask questions or talk because I'm not responding so they would have to give me the ticket or warning(im not stupid enough to not sign). If they talked or asked questions instead of giving me the ticket/warning, they would be extending the stop. If they've given me the ticket, they can't hold me to talk or ask questions because the purpose of the stop would be over. Therefore, it would be an unlawful extension. So I'm not sure if they can actually still ask questions and talk to me because doing so would be an extension at any point after.