A proper traffic stop

[Zincwarrior]

My Agency doesn't care if we issue cites or warnings.

Due to this fact I prefer to actually interact with the driver and I DO ask if the person is aware of the reason as to why I stopped them. There is a PERSON behind the wheel of that vehicle, not just a vehicle that somehow committed a traffic infraction on its own.

I gauge the individual, determine if they are aware of what they did and issue accordingly. People that begin to argue, fight, claim innocence and then make threats 50% of the time (I really dont like issuing citations) receive a citation. People that inform me "yes, I was aware that I did that" receive a warning. We have discretion for a reason and being able to exercise it instead of being a gruff to the point jackass without any kind of personality is one of the many reasons why people hate cops.

I'm not anyone's friend out there and im not looking to be friends, im looking to do my job and traffic enforcement is about education, not penalization. Its not personal on any level and i dont make it as such as i will not tolerate someone apologizing to ME. Im not interested in that. What im looking for is just a teeny smidge of personal accountability which we severely lack as a society.

In Florida where you can hire a ticket clinic and walk away with no points basically until the end of time means that serial offenders are always going to be serial offenders, they will never learn. The nursing student headed home from college through an area where she's never been will ideally, take away a pleasant interaction where she DIDN'T receive a citation and maybe remember to pay attention. Or not, I prefer to spend the extra thirty seconds showing the person that I'm not a jack boot thug. You CAN do this professionally contrary to the opinions of the old salt's who would rather break their own jaw than have to talk to someone at work...

What if they tell you nothing?

[Magsz]

What if they tell you nothing?

I issue a citation or warning depending on the severity of the traffic infraction and leave and move onto the next task.

I cant compel someone to talk to me lol.

[HCountyGuy]

Due to this fact I prefer to actually interact with the driver and I DO ask if the person is aware of the reason as to why I stopped them. There is a PERSON behind the wheel of that vehicle, not just a vehicle that somehow committed a traffic infraction on its own.

You can not ask and still conduct a polite and professional traffic stop. It’s all about having the right tone and delivery.

In all honesty, why ask? It really doesn’t alter the fact they committed an infraction. And for some, it’s just an annoying/stupid question bound to elicit anger/frustration where the driver’s likely already wound up because you picked them over anybody else.

You can still educate and show you’re not an a-hole with a badge. It’s just that the question usually invites problems or delays the inevitable.

[Magsz]

I already explained why I ask. I have also NEVER asked that question and had it make the situation "worse". Im not normally one to use the word "never" as I know that there are all manner of problems that CAN occur on a traffic stop but so far, the odds are in my favor". Saying nothing and being "polite and professional" can still elicit the worst possible reaction. People DO become combative but at that point, its as simple as telling them they may argue the stop in court if I issue a citation for the infraction and then off to my car I go. More often than not, when I DO issue a citation its because the second I approach the car the person is already telling me they didn't do anything. I actually find the question of "do you know why I stopped you" disarming. Almost as though it resets their oodaloop because they have to formulate a response.

How else do you gauge, beyond the severity of the traffic stop as to whether or not you are going to issue a warning or citation? Flip a coin? That's a pretty stupid way to exercise discretion.

How do you gauge whether or not you are going to arrest for possession of marijuana under twenty grams? (Florida) Yet again, flip a coin? Or, are you one of those guy's that hauls everyone off to jail because #badge ? Besides criminal history and the severity of the crime, the demeanor or the person and their willingness to accept accountability for their actions is one of the primary determining factors as to whether or not I will arrest on misdemeanor chargers.

[Zincwarrior]

I issue a citation or warning depending on the severity of the traffic infraction and leave and move onto the next task.

I cant compel someone to talk to me lol.

To be clear this is an informational query on my part. Is that viewed as "escalation?" If so what can someone say without impugning themselves?

[Magsz]

To be clear this is an informational query on my part. Is that viewed as "escalation?" If so what can someone say without impugning themselves?

Im not following you at all bud. You need to explain your question a little better.

IF im thinking what you're thinking. Remember, this is over a traffic infraction where you pay a civil penalty, NOT criminal traffic infractions. You cannot incriminate yourself in this regard pre or post miranda (which wouldnt come into play) because you are not being accused of breaking criminal law.

I also ensure that the driver is aware that when they sign the citation, it is NOT an admission of guilt, it is merely a receipt showing that the driver received the citation. In Florida you are also not required to sign.

[Cypher]

Almost all of the YouTube legal experts will tell you that if a cop asks you "Do you know why I stopped you?" They're trying to get you to confess to speeding because it strengthens the case for the ticket. I think that's why people get upset when they're asked.

The last three times I've been pulled over it was CSP (2 different troopers) they both followed the same script "I'm Trooper Soandso. This is why I stopped you. I will/won't be issuing a citation tonight." The one guy actually told me " I'm going to run your paperwork and if your record is clean I am going to give you a warning.*" I think the fact that two different cops followed the same script almost word for word indicates they were instructed to do so.

*ETA: So I guess he decided based on my record. I think if I were allowed to make a decision based on "officer discretion" I would want a concrete objective standard (clean record = no ticket) to point to if I was ever asked to justify myself.

[Erik]

To be clear this is an informational query on my part. Is that viewed as "escalation?" If so what can someone say without impugning themselves?

I'd like to hear LEO thoughts on this as well. I always think the "Do you know why I stopped you?" question is a fishing expedition. I've had officers ask me that a few times over the years and the only time I ever felt comfortable answering it was when the answer was, "Because you think I'm the other big black car with an exhaust that just passed me on a double yellow on a back road and scared the crap out of the old people that were driving in front of me." I don't want to seem confrontational or cute, and I have nothing but respect and sympathy for the guy or gal doing their job but I also don't want to say, "Because I was speeding."

[Zincwarrior]

Im not following you at all bud. You need to explain your question a little better.

IF im thinking what you're thinking. Remember, this is over a traffic infraction where you pay a civil penalty, NOT criminal traffic infractions. You cannot incriminate yourself in this regard pre or post miranda (which wouldnt come into play) because you are not being accused of breaking criminal law.

I also ensure that the driver is aware that when they sign the citation, it is NOT an admission of guilt, it is merely a receipt showing that the driver received the citation. In Florida you are also not required to sign.

To be more clear, how do I or more likely my kids respond without incriminating themselves or "escalating?" I am worried they will get stopped and searched etcetc.

[Zincwarrior]

I'd like to hear LEO thoughts on this as well. I always think the "Do you know why I stopped you?" question is a fishing expedition. I've had officers ask me that a few times over the years and the only time I ever felt comfortable answering it was when the answer was, "Because you think I'm the other big black car with an exhaust that just passed me on a double yellow on a back road and scared the crap out of the old people that were driving in front of me." I don't want to seem confrontational or cute, and I have nothing but respect and sympathy for the guy or gal doing their job but I also don't want to say, "Because I was speeding."

Exactly.