Stop checks while driving

rafhelp

For future reference purpose if you get stopped by cops while driving home from work or shopping or gp etc..  what are your legal rights?

If you going to answer please show link to the reference source and do an A/B answer where A is normal everyday and B is during UK lockdown.

I have checked various sources of information but they all seem to say something different.

If you are asked to pull over with sirens then you have to pull over. 

• But if for example you are told to get out the car do you have to. 
• Do they have to give a genuine reason for stopping you or asking you to get out the car.
• Are you legally required to give ID. 
• Do they have to tell you why they stopped you
  

In most cases theres no harm in giving your ID to stop any suspicions etc...

DoaM

What's this got to do with Consumer Rights? Motoring would have been a better place for this.

zoob

Legal obligations of drivers and riders

Showing your driving documents

If a police officer asks you to, you must be able to show:

• your driving licence
• a valid insurance certificate
• a valid MOT certificate (if your vehicle needs one)

If you don’t have the documents with you at the time, you may be asked to take them to a police station within 7 days.

Copied from WWW.GOV.UK

tacpot12

If you are pulled over with sirens, you should stop as soon as it is safe to do so. This means that at night, it may be reasonable to drive to somewhere that is well lit. I would not stop on the side of the motorway unless you ARE prepared to get out of your car. (Let the police know you have seen them, and drive as fast as is safe for the conditions and well within the speed limit. Come off at the first exit and park in the first public area you can find to park.) 

The policeman/woman has to be in uniform for the stop to be legal. (During the pandemic, I would not lower my window to speak to anyone not in uniform, and even then I would put a mask on.)

However, they do not have to have a reason to pull you over, and do not have to tell you if you ask why you have been stopped. It is reasonable to ask why you have been stopped and the police will normally tell you if they have a valid reason. If they give you a vague reason like "We just want to talk to you", they are on a fishing trip, so say as little as possible. Say "I don't wish to discuss that at the side of the road" if they ask any questions that are not relevant to the current situation (During lockdown it would be relevant for them to ask why you are travelling during the lockdown). 

You don't have to get out of your car unless the police want to seize the vehicle (in which case they should tell you why they are doing so if this is not clear, e.g. you have no insurance) or they want to arrest you. However, if there is any danger to the policeman caused by traffic passing the place you have stopped, it is reasonable for them to ask you to exit and probably unreasonable to refuse (During lockdown I think this changes - I would carry a mask in the car, and speak to the police through a slightly lowered window with your mask on - emphasis that the mask is for your and their protection and that you will lower your mask so they can see your face to identify you providing they allow you to wind your window up temporarily. Ask if they will speak to you through the passenger window. Stopping somewhere where the police can stand safely by the driver's window is the best idea, even if this means driving on to find somewhere to stop.)

You have to give your name and address, but you are not required to have ID on you. If you do have ID one you, I would show it by holding it up to the window (This is especially the case during the pandemic, as you don't want anyone touching anything you then have to handle). It will tend to de-escalate any stop if you have ID on you and show it willingly. 

oldagetraveller1

"If a police officer asks you to, you must be able to show"

I could be perfectly able to show but would I be obliged to show?

Plus the website states they "can ask", not must be able.

I can ask you to send me £20 too!

tacpot12

oldagetraveller1 said:

"If a police officer asks you to, you must be able to show"

I could be perfectly able to show but would I be obliged to show?

You are not obliged to show them (or have them in the car), but if the policeman/woman knows that you have them on you and you do not show them, they will be annoyed and this will escalate rather than deescalate the situation. 

The best option is a) not to carry them in the car OR b) show them willingly. Anything else is just winding up someone who, at the end of the day, is just trying to do their job to the best of their abilities.  

eddddy

rafhelp said:

For future reference purpose if you get stopped by cops while driving home from work or shopping or gp etc..  what are your legal rights?

I'm intrigued... what is your reason for asking these questions?

For example, why would you not want to get out of your car when asked to by a police officer? E.g. Would it be because:

• Social distancing reasons
• Health / Mobility reasons
• It's raining
• You think the police officer is doing it unnecessarily in order to harass, humiliate or dominate you
• You think it will help the police officer detect a crime which you have committed
• You think it will help the police officer 'invent' evidence of a crime which you haven't committed
• You want to annoy the police officer

If a police officer told me to get out of my car, I think I'd probably just do it, without worrying too much about legal rights etc.

 But obviously, if the police officer went further and wrongly accused me of committing a crime, for example, I would challenge them.

born_again

Daughter has a letter from employer stating she is a key worker. Given out when lock down started, to ensure no issues should she be stopped.
Expect a lot of police this weekend stopping people heading to the usual haunts on a nice weekend. Given the situation we are in. It's only fair that any idiot doing what they are not supposed to do is taken to task.
We have to payback all the money back that is being thrown about to ease the pain. So let the idiots who fail to understand what DO NOT TRAVEL unless necessary means. Pay it back

davidmcn

Irrespective of whether you're driving, bear in mind the current regulations reverse the burden of proof - you are committing an offence when you leave your house, unless you can demonstrate a reasonable excuse for doing so. So acting clever by going "no comment" when the police ask what you're up to isn't necessarily a great idea.

452

tacpot12 said:

If you are pulled over with sirens, you should stop as soon as it is safe to do so. This means that at night, it may be reasonable to drive to somewhere that is well lit. I would not stop on the side of the motorway unless you ARE prepared to get out of your car. (Let the police know you have seen them, and drive as fast as is safe for the conditions and well within the speed limit. Come off at the first exit and park in the first public area you can find to park.) 

The policeman/woman has to be in uniform for the stop to be legal. (During the pandemic, I would not lower my window to speak to anyone not in uniform, and even then I would put a mask on.)

However, they do not have to have a reason to pull you over, and do not have to tell you if you ask why you have been stopped. It is reasonable to ask why you have been stopped and the police will normally tell you if they have a valid reason. If they give you a vague reason like "We just want to talk to you", they are on a fishing trip, so say as little as possible. Say "I don't wish to discuss that at the side of the road" if they ask any questions that are not relevant to the current situation (During lockdown it would be relevant for them to ask why you are travelling during the lockdown). 

You don't have to get out of your car unless the police want to seize the vehicle (in which case they should tell you why they are doing so if this is not clear, e.g. you have no insurance) or they want to arrest you. However, if there is any danger to the policeman caused by traffic passing the place you have stopped, it is reasonable for them to ask you to exit and probably unreasonable to refuse (During lockdown I think this changes - I would carry a mask in the car, and speak to the police through a slightly lowered window with your mask on - emphasis that the mask is for your and their protection and that you will lower your mask so they can see your face to identify you providing they allow you to wind your window up temporarily. Ask if they will speak to you through the passenger window. Stopping somewhere where the police can stand safely by the driver's window is the best idea, even if this means driving on to find somewhere to stop.)

You have to give your name and address, but you are not required to have ID on you. If you do have ID one you, I would show it by holding it up to the window (This is especially the case during the pandemic, as you don't want anyone touching anything you then have to handle). It will tend to de-escalate any stop if you have ID on you and show it willingly. 

Why wouldn't you stop on the motorway is required to do so? It's not like they're busy at the minute and driving 15 miles to come off may be seen as failing to stop.  

powerful_Rogue

Not something you'll find oficially written anywhere, but boy does it happen. The 'Attitude Test'.

Act like a tool and expect to be delayed, have your car gone over with a fine tooth comb etc etc.

I got pulled over about a month ago for going a little too fast at 5am. Engine off, window down, hands on steering wheel, followed by a 'Good Morning Officers". No documents with me, however said I could find the insurance on my phone, which I did.

All I got was a "Thank you for your co-operation, just keep your speed down".

Lesson learnt.