Can you be ordered out of your car for a previous arrest record?

April 18, 2016

This is a review of the citizen recording of a police stop:

https://www.facebook.com/mediatakeout/videos/1256476857717592

This gets a little silly in the last ninety seconds, but I think he articulated quite well his reasons for why he thought he was treated unfairly. I'll take out the aspect of his race, and just talk about any citizen male or female who is pulled over.

The police do have a right to protect their safety and there is limited rights to search a vehicle for weapons if you can articulate the reasonal belief of why you as a police officer are intimidated, or you feel threatned or there's a real basis for your fear over your safety.

The fact that someone has been arrested in the past for gun possession, especially if the gentleman was correct and said there's been 8 or 9 years that he's been in prision. That might be hard to justify that he would be carrying a weapon, since there would be no current history on his behavior. Every single gun owner in America, who has filled out the ATF forms has a history of possessing guns, so does that mean they can put that information in a database, and anytime they pull over any citizen whose the vehicle is registered to a person or an adress where there's paperwork showing that a gun has been purchased in that persons name or adress or family member or roomate, is it ok to assume they are carrying a gun and threatening to use it? Where do you stop the madness?

In particular if this gentleman is not doing anything that would cause the police officer to feel intimidated or threaneted, there shouldn't be any basis to search that car. When i was a police officer, i could've articulated some facts on every person I'd stoped, which made me fearful. Thats what officer are supposed to be doing.

You can always question authority. I'm not saying you can resist unlawfully or automatically assume the police officers are doing something wrong. But what I do say is that you automatticaly should review their work to see if they are following their own laws.

And a police officer can order you out of your vehicle but he has to have a legitimate safety concern or a investigation say like a drive while intoxicated or DWI type of crime.

If i feel threatned physically and you don't have a weapon in your hands why would i want you out of your car ? I would rather just tell you to turn your engine off and put the vehicle in park. If i think that you're threatning to me, and im by myself without back up, why would I want you out of your car where you can physically assault me? Or if you have a weapon you'd be free from the constraints of the vehicle to have a better angle to shoot me.

It is interesting to see that when they got him out of the car they put him straight to the ground. I dont know if his actions would have justified that. I think that sometimes if you use respect and exlain yourself as an officer you can get better cooperation from the citizen. But if I were that citizen I wouldn't have wanted to get out of the car. I wouldn't have understood hy failing to signal a lane change or turn would turn into "I know your history, so I'm going to search your car." That seems to be a violation of a number of federal statutes, because I don't see t sayhe totality of the circumstances showing that it was justified.

If a police officer pulls you over for a turn signal violation, and this applies to the whole nation, you can be placed under arrest. In Texas, for every single traffic offense, other then a basic speeding charge (not excessive speed or reckless driving) or an open conatiner in your vehicle, you can be arrested. The Texas legislature has excluded these from the arrest statutes.

The supreme court in a case, i believe it was Atwood v Lago Vista, that's the famous soccer mom case. They pulled the mom over for not using the seatbelt and they physically arrested her and took the kids to the station. So people need to be aware that police can manipulate the laws and arrest you.

I dont know the Pensylvania statutes, but in Texas, if a police officer pulls you over for any traffic violation they can physcally arrest you and take you to jail. So if things start to get out of hand, I would recomend that you tell the officer that you are more than willing to sign the ticket so you can be released. If seems to be intent on being a bully, I would request that he have a superviser stop by.

We don't know if the officers have their videos recording, or even if they did, do they have their microphones turned on? So this gentleman was smart in taping the encounter - that's one reason i have the DWI Dude app for Android and iOS. You put that app in your phone and you can record a police encounter. so this guy turned on his video recorder. A lot of times you couldnt see anything with his camera because he had to put it down, so you just get the audio. But It's always a good idea to record a traffic stop. It can protect you in the long run.

Particularly in this case the guy was talking about a law suit, and I don't know how successfull it will be with that endeavor. But it didn't help that at the end of the video, he says that he set the cops up. I don't advise that. You might encounter the wrong police officer, and not walk away from the traffic stop. You can end up as many people end up going to the jail or the hospital or the morgue!  So always be prepared. And always be polite until things get to where it is not required any longer. Sometimes where policemans screaming in your face and you've been reasonable and racional i dont see any reason to continue to be polite, I would just invoke my right to get an attorney as early as possible and keep that recording.