What rights does an individual have when being pulled over by a police officer (see details)?

Question

My friend got a ticket, and it's sparked some debate on what's true and what's not. Perhaps someone out there can give us clarification? I don't know if these laws are by state or if they are federal, but in any case, we're from Ohio.

1.) When being pulled over do you have the right to see the radar, when you are being accused of speeding?

2.) How are you able to identify a REAL policeman's badge? (A few years ago there was a man who was driving a black Crown Victoria and he also dressed in an officer's uniform. He would drive around our university and pull over women (he had "undercover" lights) at night and try to lure them out of the car. He has since been arrested but is there any good way to tell if a policeman is not who he says?

3.) If you're pulled over, is your car allowed to be searched on the spot without a warrant? What about the glovebox and the trunk?

Answer 1

1) You can ask, its officer descretion

2) The odds of you being stopped by a person impersonating a police officer are about 1 in 500,000. There are a couple things to know. First, if its day time, high traffic area, and it has red flashing emergency lights and he is in uniform, its likely a cop. If its night time, desolate highway, he is likely a cop too, however you can indicate by slowing down and putting on your blinker, and then drive to a well lighted area.

3) Your car, during a traffic stop can be searched for weapons in the lungeable areas, which courts have said is the front passenger area. They cannot go into your trunk. An unlocked glove box or console or under the seat is fine.    

Answer 2

I know you can keep your windows up and call 911 and tell then your being pulled over and they will verify if its a real policeofficer.

Not sure about the radar

I think they can search

Answer 3

1) not sure, but it's probably not kept active throughout the stop.  That being said, I'm fairly certain it could be accessed in court if the speed is recorded on the camera.

2) you can call the police department and ask if it's a real car.  I was also told by an officer that you can turn your interior lights on and signal that you're going to a public location (pointing further up the road).

3) If they have reasonable cause (drug dog detects something, they see a crack pipe in the passenger seat when they walk up to your window, etc.) or if you consent to a search.

Answer 4

No, they do not have to let you see the radar, ever.  As far as the pulling over, do it in a lighted area.  You could always ask the officer for their department issued ID.  Be tactful when you ask (tell them why you're wary), but they shouldn't have a problem showing it to you.  If the police officer gets permission from you to search, they can search you car.  They can also search when they see plain view evidence (say for example he sees a baggie of marijuana laying on the seat next to you), they can search with any other probable cause (K-9 hits on your car, smell of marijuana, belief that stolen radio is in your car for example) and also they can search incident to arrest.  That would include the glove box and trunk.

Answer 5

1) No, you can't see it at the stop. You can request a copy of the readout for you court case

2) Don't have a real answer for this one. Know what your police and sheriffs uniforms look like in your area. They always ask for license and registration/insurance first, then ask if you know why they stopped you, usually.

3) As long as your paperwork is legal, and you are legal, there should be no reason to search anything. Even the slightest discrepancy,in anything, they can flip the script and pretty much s***w you, if they want. Most stops don't go that far, unless you were/are doing something illegal.

Answer 6

1. It is not required in any state to show a motorist the radar. Many times, I do not lock the speed. Sometimes the vehicle hits the brakes, and the highest speed is not locked. Other times, I leave it on to clock the vehicle behind to confirm which one is going faster.

2. Most departments design their own badge, so there is no surefire way to tell if a badge is real or not. The safest thing to do is call the police department. They can confirm if the person out with you is a real officer.

3. Yes, you can search a vehicle without a warrant. The landmark US Supreme Court case on this is Carroll v. United States (The Carroll Doctrine). The court determined two things in this case: First of all, vehicles are mobile, and secondly, you have a lesser expectation of privacy when operating on a public road. Anytime a search is warranted, it will include the glove box, even if it is locked. The trunk is not normally included in an investigatory search, because the driver has no access to it. In some newer cars, the back seat folds down and allows entry to the trunk. In that case, it can be searched.

The burden of proof for a search, or to obtain a search warrant is probable cause. However, The Court's decision in Carroll v. United States lowers that burden to a reasonable suspicion.

Answer 7

YOU CAN ASK AND MOST COPS WILL SHOW YOU THE SPEED CLOCKED ON THE GUN. AS FOR THE BADGE YOU SHOULD NOT TAKE THE BADGE AS BEING A POLICE BADGE IF THEY ARE IN PLAIN CLOTHES. YOU HAVE THE RIGHT TO REQUEST A MARKED CAR WITH UNIFORMED OFFICERS. AND YES THEY CAN SEARCH WITH IN ARMS LENGTH OF THE DRIVER AND PASSENGERS. IF THE GLOVE BOX IS LOCKED THEY WOULD HAVE TO GET A WARRANT TO SEARCH UNLESS THEY HAVE PROBABLE CAUSE. PROBABLE CAUSE COULD BE A WHOLE HOST OF DIFFERENT THINGS. SAME GOES FOR THE TRUNK.IF THERE IS NO PROBABLE CAUSE. AND THE SEARCH IS DONE ANYTHING THEY FIND AFTER YOUR REFUSAL WILL BE CONSIDERED PROCEEDS OF AN ILLEGAL SEARCH AND SEIZURE. AND A GOOD LAWYER WOULD GET IT THROWN OUT.  

Answer 8

if they suspect anything than they will ask to search your car and if you say no then they cant without a warrent

Answer 9

First off all your rights are in the constitution and no state has the ability to infringe on those rights, in any way. Only the federal Supreme court can alter the interpretation of the constitution.

As to your questions:

1. No the police officer does not have to show you the speed measured by the radar gun. If you take the ticket to court and try to fight it, then you have the right to see any and all evidence against you. Such evidence includes testimony from the officer that pulled you over and anything that physical (like video or audio tape). Testimony from a police man is given more merit than that of a civilian. If evidence in your favor is hidden by the prosecution or new evidence arises in your favor, then you can appeal any conviction.

2. If you are pulled over you have to first ask the officer for proof he is a cop. Then the police officer has to show you his badge which should have the state seal on it, his badge number and his presincts number. You can also call 911 and ask the dispatch to check the number and verify that indeed a police officer pulled you over.

Unfortunately it is easy for a person to impersenate a police officer and it can be hard to tell if they are real or not. Your best defense is to know your rights and what a cop can and cannot do. Another good idea is to install your own dash cam, with audio, to record the conduct of any officer.

3. No the officer cannot search your car without probable cause or a warrant. Probable cause, however, is a pretty loose term. It can mean a variety of activities anything from suspected drug paraphernalia or use to simply acting suspiciously. But any reason a cop searches your car, he/she has to justify it to their superiors and possibly even a court room. It is something that they take seriously and an officer found to search cars or personal property without just cause will get censured by his/her department and any evidence obtained in this way will not be allowed in any criminal case against you.

The patriot act enables law agents to search your car if you are suspected to be part of terrorist activity.

If you allow a police man to search you or they have probable cause, they can search anywhere in your car, including on your person.  

Answer 10

Ohio law may differ from california, however, radar evidence will be presented in court so there's no need to see it at the time you are receiving a ticket. If you feel that have encountered an impostor, ask him to call his Sgt. or you should call 911 immediately. The police can only search your car if you give them permission or has probable cause.

Answer 11

Glad Trooper spoke up.  Don't think I'd change a thing he offered, but I would add something I'm surprised nobody brought up concerning your second question:

You can't.  Partly because a "real" badge is sold through a "real" company, and "real" crooks can just as easily order one on bogus stationary just as well as anyone else.  There's nothing magical about a police badge that would indicate if it's real or not.  The advice given about knowing what the local badges in your area look like is good, but I'll bet there are an awful lot of badges in your area that you would never expect to see but still might someday.

You can ask to see the officer's department-issued identification.  I imagine everyone issues one kind or another, but you have to remember that in this day and age, it's nothing for some geek with a computer and a printer to make up their own "department-issued identification" and make it look even better than the real thing.

Answer 12

1. In most jurisdictions the answer is yes, but it won't do you any good.  The radar they put in cop cars is so good these days that it is never questioned in court.

2.  Real cop cars have flashing red lights.  The lights aren't sold to the public so they are kind of an indicator.  If you have any question about the identity of an officer ask to see his identification, all police carry picture ID that they will show you if you ask.  Should you have any question about the police officer call 911 and report the situation.

3.  The only time that you are subject to involuntary search is if you are placed under arrest.  Any other time the police must ask you if they can search your vehicle.  I would advise against granting permission for a search as the cops will always completely trash your car and then just walk away when they don't find anything.