Leos making vehicle stops.

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Spade Cooley

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I'm a retired Leo and survived 25 years on the streets of a major city. I've made stops of vehicles that are too numerous to count. When I see all the reality shows on TV where policemen are being shot when they appraoch the driver of the vehicle, I cringe at the stupidity of this tactic.

I worked major highways as well as city streets and nearly always approached from the passenger side of the vehilce. You have a much better view and can see the hands of the driver and what he/she is doing. You are out of the moving lane of traffic. I once had a buddy picked off from a drunk driver while standing next to the drivers side of the car on a freeway.

Best of all the driver of the car you stop is off balance and is taken by surprised by this approach. The driver is now at a disadvantage. Because of using this tactic I am fat dumb and happy and enjoying my retirement for the last seventeen years.
 
What if the vehicle has more than just the driver in it? Did you have the driver hand his DL and insurance to the passenger to give to you?
 
The approach you describe is becoming more and more common. It is being taught especially to the troopers who work the highways around here. I am a big fan of that approach for exactly the reasons you mentioned. I don't really give a rodent's behind if it is uncomfortable for the driver to have to either reach or pass to give me his license and info. Safety is paramount and if there is a way to approach a vehicle that promotes safety, then by all means, DO IT !
 
If he wants DL and registration from me, he's still going to have to walk around to the drivers side. No part of a cops body (including his hand) will enter my car until I've seen the warrant.
 
Not to throw a monkey wrench into that tactic, what if the driver pulls over onto the left and median? Do you still approach from the passenger side where you are exposed to traffic?
 
The driver pulling to the wrong side can be instructed to move his/her vehicle. If that is not possible, I would rather be exposed to traffic and still approach from the passenger side for better visibility of the driver. I would not, however hang my ass out into moving traffic.

Passing the license across a passenger is no big deal, a distance of about three feet.

And Red Neck has the right idea. Always resist to the max and give the cop a chance to test his tazer gun, mace and the baton on your windows. When it's all over you will have a ticket for everything imaginable and have a few knots on your head to prove your were stopped. If he can't handle you, he will just call for help. You will also be paying to get your car our of impound to the tune of about $300 and be paying a bail bondsman to get you out of jail for resisting arrest. I would say cooperate to the Max but do not give anyone permission to search your car unless they have a warrant. You are compelled by law to hand over your papers. Any hope of getting out of a ticket is lost when you become beligerent.
 
+1 to Spade. And as for Redneck, if the officer asks you for your license and registration and you don not comply, you could face arrest. Don't ever let an officer search without a warrant even if he asks for your permission and you have nothing to hide, just don't do it. Non compliance as you describe it is not a good idea.
 
Last month I got stopped for speeding on interstate 68 in Maryland. The state trooper walked up to the passenger side of my truck. As I was looking down getting my license out, I looked back up into my side mirror to see him walking up. But I saw no sign of him. I had my passenger window halfway open and I hear the officer say, may I see your drivers license and registration please. I was startled that he was over there and he caught me off guard. Witch is good for his tactics. I said, sorry if I did not pull over far enough for you to come up to my side. He said, no, this is the side I approach vehicles when I make stops on the interstae.
Looks like he will be fat and happy when he retires too Spade Cooley. :D

P.S. I had cased shotguns in the back seat of my truck and a case of shotgun shells in the back of the truck bed in plain veiw. I`m surprised he did not ask about the shells back there. Maybe he did not read on the box that they were shotgun shells. Not that I thought I was breaking the law, but in Maryland police would always pursue firearm matters.
 
While Red Neck seems to be well within his rights...
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When a police officer asks you for identification, your response is not really optional. I.e. you're not within your rights to say. "You're not getting it until you comply with my instructions, Mr. Police Officer."

If you're handicapped and can't reach the passenger window then you might have a case, otherwise you're just making a lot of trouble for yourself (and a little trouble for the officer).
 
RedNeck,

If your car matches the description of a wanted car, he don't need a warrent.

If he sees something in 'plain view' that is illegal, he don't need a warrent.

What is more, since SCOTUS rulled any traffic infraction can be treated as a crime and thus the cops can arrest the person right there, no ticket needed, he can just simply arrest you and then search the car to 'inventory' items or to make sure nothing can harm him.

And that's the law, like it or not.
 
+1 to approaching on the passenger side.

Here in Michigan they passed a law a couple of years ago forcing traffic to slow down and get over a lane if possible when police or emergency vehicles are stopped on the side of the road. This was passed in response to numerous LEO's struck during traffic stops. And while I agree with the law, it doesn't do a whole lot of good due to the fact that more than half of all the people are complete idiots, driving with heads fimly inserted up their a$$.

I drove a wrecker for several years (and I play in traffic now, working for the state) and I cannot count the number of times I have been nearly killed because of some moron.

LEO's watch your back and stay SAFE!
 
I cant speak for all cops, but I've got my reasons for my actions. In my experience, police tend to be former high school bullies on power trips, or people with some strange notion that they deserve admiration and respect from everone else. A few cops I know personally joined the force just because it put them in a position of power over others.

I've got freinds with criminal records and probation just because a cop bullied a search and scared the guy.

A college friend of mine was arested with 13oz. of pot. ( I do not condone its use, however).. when he went to court, and it was presented for evidence, there was only 7oz. After doing a few weeks in the county jail, my freind told me that the cop winked at him as he was led out of the courtroom. I wonder where those drugs went?... I think I know...

When I was a teen, on several ocasions while driving home from work, I was pulled over by officers who had no real reason to pull me (I always drive the speed limit).. other than I was a young man driving at night. Nearly every time, I was subjected to threats of searches, arrest, etc... And after the cop let off some steam, he'd let me go, never telling why I was pulled.

All in all, I dont trust the guys in blue. And as long as they keep guys on the force more intrested in personal vendetta than protecting and serving, I'm not going to trust them. Note to the cops: Thin the jerks out of your ranks and people would think much better of you.

I know my rights. I've got some of the best lawyers in my area on speed dial. Some I know personally, outside of work. One thing I cant stand is abuse of authority. If some LEO has to prove he's King Turd of Crap Mountain by breaking my window, roughing me up or tasering me because I politely and respectfully hand him my DL and registration out of the drivers window, and its caught on his camera.....

Well, any Attorney worth his Porshe will see to it that the next badge that cop wears is plastic and says "Mall Security".
 
^^Hey, look, another **** da police hater. Itee-ut. Just because your small town cops didn't like you doesn't mean all cops have the same personae (sorry if that's a big word for you).


The driver pulling to the wrong side can be instructed to move his/her vehicle. If that is not possible, I would rather be exposed to traffic and still approach from the passenger side for better visibility of the driver. I would not, however hang my ass out into moving traffic.
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The only reason that I have seen officers approaching from the passenger side is for their safety from the traffic coming from behind. Your points are valid, though.
 
If he wants DL and registration from me, he's still going to have to walk around to the drivers side.
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Uh huh. OK.

I know my rights. I've got some of the best lawyers in my area on speed dial.
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Sure you do. I hope your retainer is paid up.

If you were in my neck of the woods, I'll tell you now how it would go...

Me, at the passenger window: "Good morning/evening, sir. I'm Officer xxxxx, and I stopped you because I have you locked on radar, exceeding the posted speed limit by 20 mph. I need to see your license, registration and proof of insurance, please."

You: Saying nothing, holding the documents out of the driver's window.

Me: "Sir, would you please hand the documents over here? Thank you."

You: Still saying nothing, holding the documents out the driver's side window.

Me (by this time on radio, asking for backup) "Sir, turn your engine off, hold the documents in your hand, and step from the vehicle."

At this point it's up to you.

If you step from the vehicle, I will immediately place you in handcuffs, inform you that you are being detained and that at this point you are not free to leave. I will then read you the Miranda v. Arizona admonishment, and ask you if you are willing to answer my questions.

If you are cooperative, and tell me that you wanted me to come to the driver's side, I will probably tell you that I did the passenger side approach for my safety. I will then take a look at the lunge area inside your vehicle (see: Chimel v. California) in your zone of control, and if I find nothing, you get the cite for 20 over and you're out of there.

If you are NOT cooperative, then I will tell you that at that point I can articulate reasonable suspicion (see Terry v. Ohio) as well as probable cause, and place you under arrest for the original offense, in addition to obstruction of a public servant. I will search your person, but I won't touch your car--at least until I get K9 there, AND a search warrant.

Now, do you REALLY want to be a jerk, and give me the reasonable suspicion I need for an investigative detention?

Or, just hand me the stupid license, registration, proof of insurance, and probably get a stern 30 second lecture about slowing down, and be on your way?

Your choice, hero. See, I don't have any reason or desire to manufacture a reason to make you miserable. You do it yourself, quite nicely.
 
Before I comment on the passenger-side approach...

...because I politely and respectfully hand him my DL and registration out of the drivers window, and its caught on his camera.....
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Note to Redneck - cops with dash-cams wear an FM mic to record their activities. What's likely to be seen on the dash-cam tape is the officer on the right asking for papers and you holding 'em out the left side as traffic flashes past. After telling you it's for everyone's safety to hand them to the right and your insistence on him going to the traffic side, a judge is likely to ask you why you insisted on putting the officer in danger instead of cooperating.

We are all adults (well most of us) so when you get pulled over, about 95% of the time you know why. If you start out with the attitude of what crap is this bullnecked pimple-brained bully and ex-jock loser going to pull on me? then you're likely to have a bad encounter if you're hostile or uncooperative.

Re: Passenger-side approach. There are potential pitfalls to this approach too. Last time it was a CHP officer on a freeway in mid-twilight. I pulled over onto the unpaved shoulder area near bushes with my stock 4x4 truck. I lowered the right window and gathered my paperwork. Just after he peered in over the doorsill, I said "I've been expecting you, here's my stuff." while reaching to hand it to him. He took a step forward and.... disappeared! WTF? :confused:

Turns out that section of freeway is slightly elevated. Where I stopped is level except for a drainage channel that leads about 8 feet to the right and down the embankment to the streets below. The officer didn't see it, stepped into the channel (about 2' wide by 10" deep) lost his balance and rolled partway down the embankment. After abut 20 seconds, I got out of the truck and found him trying to get up the roadside and gave him a hand. Twisted his ankle pretty good too. I dug out an instant-cold pack and he ended up letting me go so he could go to the hospital to be checked out.
 
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