Stopped by police, can I refuse to get into his car?

Question

I was pulled over by the police for contravening a bus lane, I didn't know this at the time as the road had not always been a bus lane. My 1 yr old nephew was in the car and the officer told me to turn off my engine and get into his car. I didn't want to but was unaware of my rights. When I got back to my car my nephew was crying and had been for some time.

Answer 1

Thats ****** up, But i dont have much to say because if it was one of my family memebers i would have asked the officer to take him with me.

Answer 2

There is case law out that states that law enforcement is allowed to control all movement of all people in a car during a traffic stop. If that means that if the officer orders you to his or her patrol  car you must comply.  

Answer 3

Well leaving a 1 year old unattended even for a minute is a crime. Did you receive a summons? After you returned to you car, you should have called 911 and made a complaint and asked for the cops to return also you should have asked for medical aid to checkout you nephew. if you had done this, wow what a lawsuit you'd have.

Answer 4

YOU SHOULD HAVE ASKED SPECIFICALLY the police officer why should you go to the police mobile car when in fact you have a one year old nephew in your car. THAT IS YOUR right to question, the situation or the circumstances in these case. IT IS A case to case basis, if you are alone yes that is appropriate to come over and get to his car but here it is not, you got an another occupant of your own car a child.

OR SHOULD toke your one year old nephew with you to the police car for what anyway? Questioning? Some cops are inconsiderate whenever you have someone in your car, that is why you should be specific ABOUT YOUR OWN RIGHTS to question everything that is happening to you. Whether this is a police officers or not. YOU GOT RIGHTS TOO you should remember that under the law. NOT ONLY the police have rights to pull you over, you too have the right to question the manner of your own apprehension if you feel there is something wrong with it then question it.

Answer 5

They can arrest you for resisting arrest.  Once they recite you your rights and tell you what you are under arrest for it is  best to be co- operative, otherwise they throw a string of minor offences at you!  And if you fight them they just restrain you and they ain't nice!

Answer 6

You should have said your young nephew was in the car and didn't feel comfortable leaving him on his own.  Then waited to see the Police mans reply.

Answer 7

If you fail to comply with an Officer's lawful command then you could be charged with Obstructing a Law Enforcement Officer (or however, the law is worded where you're from).  The Officer's request for you to sit in the patrol car with him while he writes you a ticket isn't a very safe thing for an Officer to do but it is a reasonable request and you need to follow it.  If I had been in your shoes I would have asked him about leaving the child alone in the car and asked him if it would be okay for me to stay with the child.  Most of us aren't totally heartless and would have found that request reasonable.

Answer 8

You were asking to be stopped frankly and the Officer's request, note the word request, is standard practise so

a) You're both not on the side of the road and hence in danger  

b) So you can hear and understand what is being said to you

c) Your contained and less likely to be a threat to the Officer.

OK so the kid was upset for a brief period but I assume he was strapped in a car seat and hence quite safe.

I guess the moral is Don't drive around like ding a ling giving them the opportunity to pull you over.

Answer 9

There is no requirement in law for you to get into the Police car.  The offence of failing to stop for a constable in uniform exists but as long as you do stop and remain for the duration of the stop check then you don't have to leave your vehicle.  That said if you did give some form of indication that you were going to drive off then the officer may do a bit more than merely asking you to get into his/her car, such as taking your ignition keys to prevent you from leaving until the stop is complete.

In this instance, the officer could have let you remain in your car but that’s down to the officer to decide.  I personally would have let you remain in your vehicle under the circumstances.

As for the bus lane offence, with respect, not knowing how the bus lane is marked I couldn't comment accurately but a bus lane is a bus lane, full stop, no matter how its marked.

Answer 10

I would comply with the officers request

BUT WOULD HAVE TAKEN THE CHILD WITH ME

if he said I could not then I would request a female officer to look after him while I was away as it is an offence to leave a child of that age without supervision

Answer 11

You should have said your mother always told you not to get into cars with strangers!

Answer 12

I personally would have asked from the start if I could bring the child with me, if not I would ask if one of the officers could stay with the child as anything could have happened to that child being on its own in the car, so this is what you should do in the future, Im sure any officer would find this a reasonable request.

Answer 13

Andy M has hit the nail on the head.

Answer 14

I am a detective in Florida and have years of street experience as well.

I can only only really speak to florida specifically but it seems you have two situations here:

First you have the violation to contend with, then you have the conduct of the stop issue.

As for the violation, we don't have bus lanes in the Tampa Area so I don't know what to tell you. I wasn't sure if you got a ticket or not.

As for the stop, I can't see why he brought you back to his car. First off, that is not good officer safety. I want to be in the open and able to reach my weapons if I have to. The only time I bring someone in my car is in the back cage. On a traffic stop I only do it if I am arresting them, searching the car when I'm alone, or if it's raining and they need to sign stuff.

I also wouldn't want to be alone in the front seat with a female unless it was being recorded. That is just for my protection in case there is an allegation made.....that's just reality these days unfortunately.

The officer did have the right to move you, when you are stopped for a violation, even a civil traffic infraction, you are technically "arrested". Miranda isn't required for traffic violations because it is civil/regulatory. If it involves finding drugs, stolen property, bodies, etc. then it becomes criminal.

In the state of Florida it is illegal to leave a child unattended in a motor vehicle, and deadly due to the heat. I would at least ask you to bring the child with you because I wouldn't be comfortable leaving the child in the car; what if you didn't put the brake on and the car started rolling while we were in my car?

It is very dangerous to standing on the side of the road during a traffic stop, officers are killed or maimed all the time doing it, and it is not safe to have the suspects there either because we are responsible for you when you are in our custody. The only time I ask someone to get out is for DUI testing (we move to a parking lot for that), to search, or to arrest them.

The safest way is to leave the suspect(s) in the car. It also makes it harder for them to hurt you that way.

My advice to you would be to call and explain, very nicely, to the officer's supervisor what happened. Maybe it's policy for that agency, maybe they leave it up to each officer. I would advise complaining about the procedure and that you feel it's unsafe rather than complaining about the officer....unless he was really rude or improper.

Citizen complaints are taken seriously. Sometimes there are policy's the officers feel are stupid, but sometimes it takes outsiders or the public to get them changed. Follow up the complaint after a few days and ask about the status of the complaint. Remember who you spoke with. If you feel it was blown off, move up the chain of command until someone takes it seriously.

Remember, in every state, you don't have the right to resist, physically or verbally, even if the arrest is unlawful. You have the right to address it later. You can always file a complaint later and/or sue for damages if the arrest was  made in bad faith.

Don't let people tell you to argue or interfere, they are setting you up for trouble. In a bad arrest the charge will be dropped, but the resisting/obstruction charge will almost always still stand. Many times the charges are dropped but the court rules the arrest was based on facts and made in good faith.

Remember, constitutional rights only apply in criminal cases in which there is custodial interrogation. You have move where they say, ID yourself, and answer routine non incriminating questions. Miranda can't be invoked on a traffic stop unless it is about something not related to the infraction and when it come to searching, there are times you can refuse and times you can't, either way the court will review the legality of each search.

Good luck...and safer driving!

Answer 15

Firstly, a bus lane is marked. If you didnt see the obvious markings, you arent driving with due care and attention, so he is well within rights to stop you. You can refuse to leave your child, and unless he arrests you, he cannot force you to do so. My recommendation would be to offer to drive to a car park.

Answer 16

I believe you have to cooperate. but you should of told him that your nephew was also there and diden't want to leave him alone.