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Be very careful with that broad of a statement. If a cop ends up at your house because of an alarm call or a call from a neighbor who says they saw someone in your backyard. Then how do I know who you are and if it really is your property. Until I know who you are, your a potential criminal. A refusal to identify yourself would do nothing but ensure you a seat in the back of my radio car. Also, keep in mind that at that time, I don't have to tell you why I'm there. |
It's a broad statement, but it's true in most states. And unless a cop has an arrest or search warrant, it doesn't matter why he's on someone's property. The homeowner does not have to identify themselves. I would probably always do it. But some states have ruled that giving one's name, especially if wanted by police, can constitute self-incrimination. And the problem that most people open themselves up to when a cop knocks on the door is either inviting him in or standing the doorway while chatting. If the door is open, anything within the cop's view is fair game. To really give the cop no chance, the homeowner should step outside to the front porch and close the front door behind him. That puts anything inside the house outside the homeowner's grabbable area and the cop's plain view. And that makes anything is the house not constitute a danger to the cop.
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I'm in the "yes, sir, no sir" camp. I used this to great effect during the lost years. Some of my friends would get belligerent and it always had the same outcome. My reasoning is that when being pulled over or questioned, the cop is essentially god...so I better show some respect. I can always argue my point after the fact...with all of my bodily parts intact. Sure, I can refuse to give my name, but I know where that will get me (cuffed in the back of the car).
This incident smells a little odd though... |
You can't refuse to give your name if you're pulled over and you're the driver. You have to show your license too. On foot it's a different ballgame. I would never advocate being belligerent. But people need to know they don't have to consent to a whole lot when police ask for it. If the cops didn't need consent, they probably wouldn't ask in the first place.
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the guy did get sentenced, even if it was time allready served and court costs... he did get sentenced, so he still lost the case...
it's like pleading guilty for a misdemeanor so you don't stand the 10% risk of loosing a felony case, even if you didn't do it... I expected much more outrage from the freedom folks on this board... |
Do any of you have your license and insurance in hand when a cop comes to your car window after pulling you over? I've heard you shouldn't, but I usually do. I know they're going to ask for it so why not have it ready? Half the time the cop just tells me to slow down.
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I wouldn't dig aroung for your stuff right after getting pulled over. Wait until the police officer askes for it then get it. I've seen people stuff guns or dope under thier seats. All that moving around inside the car does is make us nervous. But like I just told Rick. You don't have to wait but it's probably in your best interest. |
Michael, I didn't say it's never legitimate for a cop to be on private property without a warrant. And I don't think a homeowner would often be uncooperative with a cop investigating a crime on his property, especially a crime against said homeowner. But in the Coffins' case, they were probably expecting to be served with papers, so they did not plan on having a voluntary contact with the police on their own property. And what the cops did after facing an uncooperative, albeit totally lawful, response by the homeowner was egregiously illegal. I know I wouldn't want to get served. Around here the counties use contractors to serve papers and the rule is that they have to touch you with the papers, which I think is begging for trouble. If a stranger tries to hand me something and I don't put my hand out and then they try to touch my chest with it, I'd probably be moved to retaliate against what would be called assault in most places.
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Since I keep my registration in my wallet, it's pretty easy for me to have it and my license and CCW out in seconds. And around here, the cops always run your plates before approaching and so they see in their computer that I have a CCW, which means I'm probably not a criminal. Then I put my hands on the steering wheel and wait for them to approach. Never been asked to see the gun I was carrying or asked if I had anything in the car that "they should know about".
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Traffic stops? Driving a Ford Ranger with gray hair usually eliminates those. This combo is invisible to traffic cops. Of course, I run a V-1 to help me know where they are...:) Once I had a sheriff come to our house late at night. I'm glad he did. A drunk driver being tailed by this deputy had pulled into our driveway, tried to make it appear that our home was his home. The drunk was lucky in a way. If he'd tried to take it a step further & come in? He could have been shot by a homeowner.
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