Do I need to leave a vehicle if a police officer asks me? Do i need to answer questions if stopped?

[Deleted User]

wgl2014 wrote: »

What was the question again? Seem to have lost track!

The answer is 42 when you figure out the question

esuhl

EdGasketTheSecond wrote: »

2) you are not obliged to answer but anything you say may be taken down and used as evidence. I think now not answering can also be taken negatively against you.

"You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

Tarambor wrote: »

Police have the power to stop anyone in any road vehicle at any time and they don't need a reason to do that.

Really? I thought they needed "reasonable suspicion"? In practice, they can easily make something up. (e.g. "I saw your hand held up to your face and thought you might have been using a mobile phone. But I only got a glance, and you must have been scratching your face. Anyway, now that I've stopped you...")

ttoli wrote: »

Any obstruction of an Officer in the course of their duty will only go one way.

Yep. Obstructing a police officer is a criminal offence, so you'll be arrested and charged.

But most requests and questions from a police officer can be legally ignored. The police aren't experts in law, and they'll often use their position of authority to mislead you into thinking that a request is a legal requirement.

ttoli wrote: »

{Edited by Forum Team}

I totally agree! But it is a two-way street.

Justice relies on the law being fair and applied to all. It's important that people know their rights so that their civil liberty is not infringed. But that's no excuse to be a d***.

AndyMc.....

esuhl wrote: »

"You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."



Really? I thought they needed "reasonable suspicion"? In practice, they can easily make something up. (e.g. "I saw your hand held up to your face and thought you might have been using a mobile phone. But I only got a glance, and you must have been scratching your face. Anyway, now that I've stopped you...")

ttoli wrote: »

Any obstruction of an Officer in the course of their duty will only go one way.

Yep. Obstructing a police officer is a criminal offence, so you'll be arrested and charged.

But most requests and questions from a police officer can be legally ignored. The police aren't experts in law, and they'll often use their position of authority to mislead you into thinking that a request is a legal requirement.



I totally agree! But it is a two-way street.

Justice relies on the law being fair and applied to all. It's important that people know their rights so that their civil liberty is not infringed. But that's no excuse to be a d***.

Really, they don't need a reason to stop you.

stator

I hope this thread is locked

trinidadone

stator wrote: »

I hope this thread is locked

Hello stator, why do you want the thread locked?

Mr.Generous

The reason they can stop you is because you are driving a motor vehicle on the road, that's all the reason they need. They will usually treat you with respect but not always. I personally do reply and co-operate to get on my way again quickly. I also think they do a difficult job and I'd rather they were stopping someone else and maybe detect a crime or two.

Richard53

Nasqueron wrote: »

In the UK you're generally expected to get out of the car for the police.

neilmcl wrote: »

Only when requested.

Is there a generally-accepted course of action here? I've only been stopped a handful of times, but my instinctive reaction is to get out of the car and approach the officer/s. It seems the polite and co-operative thing to do.


I have a mate who has been a few years in Traffic. I'll ask him when I next see him.

Mercdriver

trinidadone wrote: »

Hello stator, why do you want the thread locked?

Probably because you often start umpteen threads of hypothetical rabble rousing nonsense.

Nasqueron

Richard53 wrote: »

Is there a generally-accepted course of action here? I've only been stopped a handful of times, but my instinctive reaction is to get out of the car and approach the officer/s. It seems the polite and co-operative thing to do.


I have a mate who has been a few years in Traffic. I'll ask him when I next see him.

My wording was off, neilmcl is more accurate - basically if you are pulled over, stop somewhere safe and not obstructing traffic and get your window down so they can talk to you. If they ask you to step out, do so carefully (avoiding traffic).


If you start giving them attitude (especially quoting freeman garbage like "do not consent" or asking if they gave an oath to the Queen that morning) then you're going to get a hard time from the police.

System

esuhl wrote: »

Really? I thought they needed "reasonable suspicion"?

Nope.

http://www.legislation.gov.uk/ukpga/1988/52/part/VII/crossheading/powers-of-constables-and-other-authorised-persons

163 Power of police to stop vehicles.
(1)A person driving a [F1mechanically propelled vehicle] on a road must stop the vehicle on being required to do so by a constable in uniform [F2or a traffic officer].
(2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform [F3or a traffic officer].
(3)If a person fails to comply with this section he is guilty of an offence.

Nothing in the road traffic act about them having to have any reason. They can do it for no other reason than to check who is driving it and quite often that has revealed offences of driving a vehicle with no insurance, one example I saw on TV being a person driving their friends car believing that they were insured to do so under "any other vehicle" clause because the their husbands policy which they were a named driver on allowed driving of other vehicles. They didn't realise it only applied to the policyholder, not named drivers.