You're Pulling Me Over, Why?!?

In every place I've lived (four states and counting), California has, by far, the most police per mile of roadway.  That said, I am often surprised to find cops popping up in the most unlikely places here in Utah - particularly when I'm driving a few miles over the speed limit.

That's right, I'm a scofflaw of sorts and have been known to break a few traffic laws.  Thankfully, though, I have yet to be caught doing so (knock on wood).  I got to thinking about this the other day (as I was flying down the highway) specifically about the various ways people can get pulled over.  

So, how many reasons do you think there are that police can pull you over?  Well, If you count actual, codified legal reasons, most states have 200–400 distinct traffic and vehicle code sections of which roughly 150–250 are enforceable as stop-justifying violations, like:

• Speed-related (multiple sub-rules)

• Lane positioning

• Signaling timing

• Equipment specs (color, brightness, placement)

• Registration display rules

• Driver conduct rules

• Pedestrian/right-of-way interactions

Soooooo ballpark guesstimate: there are maybe about 200 legitimate statutory reasons a police officer could lawfully stop a vehicle in a typical U.S. state?

Now, if you count discretion-based or “catch-all” violations, the number of possible pull-overable violations dramatically increase the number.  Nearly every state has vague statutes like:

• “Careless driving”

• “Unsafe operation”

• “Failure to maintain lane”

• “Driving at a speed not reasonable and prudent”

• “Equipment not in safe working order”

and each of these can be triggered by dozens of observable behaviors.  Sooooo, again, ballpark guesstimate: maybe another couple hundred more practical justifications.

Given all that and because the SCOTUS went and ruled in Whren v. United States, 517 U.S. 806 (1996) that any traffic violation, no matter how minor, gives police probable cause to stop a vehicle, we are all in danger of getting pulled over and for any of the 400-ish reasons government has come up with to separate we the people with our hard-earned cash.

Notwithstanding all that, and after extensive research into all things reasons police pull people over, I've come up with the top 10 reasons police pull people over (in all states).  To wit:

1. Speeding

• Driving above the posted speed limit is one of the most common reasons for being pulled over. Officers may also pull over drivers who are going too fast for the road conditions (e.g., in poor weather).
  

Speeding ends up as the #1 reason police pull people over because it sits at the intersection of law, safety, detectability, and enforcement practicality.  No other traffic offense checks all those boxes as cleanly.  Common penalties for speeding include:

• Fines – Usually the first hit. The faster over the limit, the higher the fine.

• Points on your license – Many places add demerit points; too many can lead to suspension.

• Higher insurance rates – Even one ticket can bump your premiums for years.

• Traffic school – Sometimes required, sometimes optional to reduce points.

• License suspension or revocation – More likely for extreme speeding or repeat offenses.

• Court appearance – Required in some cases, especially if the speed was very high.

• Vehicle impoundment – In some jurisdictions for excessive or reckless speeding.

• Criminal charges – If speeding is classified as reckless driving (e.g., 25–30+ mph over the limit).

As it relates to speeding, fines are typically based on how fast your are traveling and vary state by state.  To that you can usually expect to pay:

First Offense (example speed ranges):

• 1–10 mph over limit: about $120–$130

• 11–15 mph over: about $150–$160

• 16–20 mph over: about $200–$210

• 21–25 mph over: about $270–$280

• 26–30 mph over: about $370–$380

• 31+ mph over: base $470–$480+

2. Running a Red Light or Stop Sign

• Ignoring traffic signals or failing to stop at stop signs is dangerous and a frequent cause for police intervention.

Turns out running a red light or stop sign really is one of the most dangerous everyday driving behaviors, and the reason has less to do with speed alone and more to do with how crashes happen at intersections.  When someone runs a red light or stop sign:

• Vehicles are crossing at 90-degree angles, 

• There’s no shared direction of travel, and
  

• There’s often no time to react.

Running a red light or stop sign is dangerous because it:

• Creates unavoidable, perpendicular collisions
• Removes reaction time from innocent drivers
• Targets the weakest parts of vehicles
• Endangers pedestrians and cyclists
• Turns small timing errors into major crashes

Bottom line, running a red light is not just illegal — it’s one of the highest-risk choices a driver can make in everyday driving.

3. Improper Lane Changes or Failure to Signal

• Not signaling before changing lanes or making turns can create confusion on the road and is a traffic violation that often leads to a stop.

Improper lane changes combine high crash risk, constant occurrence, and are easily enforceable—even though they don’t feel as dangerous as speeding or red-light running.  Lane changes may not feel dramatic, but in real-world traffic safety and policing, they’re one of the most consequential everyday mistakes drivers make.

4. Tailgating (Following Too Closely)

• When a driver follows another vehicle too closely, it’s considered unsafe and can lead to a ticket or a stop, especially in high-traffic areas.

Even though it often feels like a minor annoyance rather than a serious risk. The danger of tailgating comes from physics, human reaction time, and chain-reaction crashes, not just irritation.

While tailgating feels minor, from a safety standpoint, it’s one of the most mathematically unforgiving driving behaviors because it:

• Eliminates reaction time

• Makes collisions unavoidable

• Causes chain-reaction crashes

• Amplifies small mistakes

• Turns ordinary braking into emergencies

5. Driving Under the Influence (DUI)

• Officers will pull over vehicles that exhibit erratic driving behavior, such as swerving, slow or fast speeds, and inconsistent braking, which are often signs of impaired driving.

While DUI is often associated with drinking alcohol, DUI includes many more things and in many ways non-alcohol DUIs are just as dangerous—or more dangerous—because drivers often don’t realize they’re impaired.

DUI (Driving Under the Influence) generally means driving while impaired, not just drunk.  Depending on the state, it may also be called:

• DUI (Driving Under the Influence)

• DWI (Driving While Intoxicated or Impaired)

• OUI / OWI (Operating Under/While Intoxicated)

The common legal standard is:  Impairment to the extent you cannot safely operate a vehicle.  Alcohol is just one way that impairment happens.

Substances that can cause a DUI (besides alcohol) include:

A. Prescription medications

B. Over-the-counter (OTC) medications that cause sedation, blurred vision or reduced altertness.

C. Marijuana (THC).  THC can slow reaction time, impair attention and tracting, and distort perception of time and distance.

D. Illegal drugs like Cocaine, Methamphetamine, heroin, MDM, and LSD.

E. Combined substances such as:

• alcohol + marijuana

• alcohol + prescription meds

• multiple prescriptions together

F. Inhalants and household substances like nitrous oxide, solvents, or aerosols.

G. Non-substance impairment can also count. In some states, DUI laws also cover:

• Extreme fatigue (sleep deprivation)

• Certain medical episodes (if known and ignored)

6. Expired Tags or Registration

• If your license plates are expired, officers may pull you over to check the registration and ensure the vehicle is properly insured.

While money is part of the system — expired tags are a pull-over offense mainly because of administrative control and accountability, not because it’s a high-profit enforcement tool. In fact, like DUI, expired-registration stops often cost more to enforce than they money they generate.

7. Broken or Non-Functional Lights

• A malfunctioning brake light, headlight, or turn signal could result in a traffic stop. Police often look for vehicles that are unsafe or in violation of basic equipment regulations.

Police often issue fix-it tickets as a way to get drivers to keep cars safe (for other drivers).  Fix-it tickets (sometimes called corrective action tickets) are minor traffic citations that don’t carry heavy fines or points, but instead require the driver to correct a violation and prove it to the court or DMV.  

The good thing about fix-it tickets is that they are often cheaper and less burdensome than standard citations. For minor issues:

• Drivers who can’t immediately pay a big fine can still comply

• This avoids a cycle of escalating penalties for small infractions

8. Driving Without a Seatbelt

• Failing to wear a seatbelt is a primary offense in many states. Officers often stop drivers and passengers if they notice they are not buckled in.

The thing is that seatbelt laws just feel like a money grab because seatbelt tickets are often low-cost fines and enforcement is easy — officers can issue a citation on sight.

However, the purpose of seatbelt laws is safety first, not money. Wearing a seatbelt reduces the risk of death in a crash by about 45%.  Wearing seatbelts also reduce the risk of serious injury by about 50% and unbelted occupants can become projectiles, injuring passengers or first responders.  In fact, before mandatory seatbelt laws, hospital and insurance data showed huge costs from preventable injuries. 

9. Unusual or Erratic Driving Behavior

• Sudden lane changes, inconsistent speeds, or driving in a way that suggests distraction or lack of control may prompt a police officer to pull you over for a safety check.

Years ago, the law office i worked represented a guy who was charged with driving erratically (essentially, he was weaving back and forth in his lane.  At the time, we thought, as did the judge when we won, that the copy had lost his mind.  Weaving back and forth in his lane?  What's the harm in that?

Which is what I thought until I was driving on the 5 freeway in Orange County (California) one night out of Buena Park when I had this nutjob swerve right next to me, then over to the other side and back and forth.  

If you don't know what's doing on, you're liable to swerve to get out of his way because you don't know if he's going to ram into you causing you then to swerve into the other lane causing a chain reaction.

Yeah, scary stuff this one is.

10. Failure to Yield to Pedestrians

• Not stopping or yielding for pedestrians in crosswalks is a traffic violation that can lead to a stop, especially in areas with heavy foot traffic. 

There are a whole lot of loonies in traffic land and many of them are pedestrians.  However, drivers must always yield to pedestrians in crosswalks or where pedestrians have the right-of-way, regardless of who the pedestrian is.

So why is the law is absolute when it comes to pedestrians? Traffic laws are designed around predictability, not moral judgment because the system assumes everyone must follow the rules for safety. If exceptions were allowed, roads would become chaotic and deadly.

Consequently, if you see a pedestrian and you're driving, you gotta slow down - even if the pedestrian is being a jerk (staring at their phones instead of paying attention to cars around them).

Yep, there are a whole lot of reasons police are gunning for you.  However, if you're able to keep your wits about you, you can avoid police and tickets and fines and other miserable things.

 

Do You Know Why I Pulled You Over?

The other day, I was riding along with a buddy on a bright and sunny supposedly winter day and wouldn't you know it we got pulled over.  

Police strides up to the driver's side, buddy rolls down window, and the first thing police says is, "Do you know why I pulled you over?" which I thought was funny because, shouldn't the cop know why they pulled us over?  

I mean, I would have said, "NO!" simply because I'd never want to admit anything to a cop.  Turns out, after some digging I discovered a number of reasons why police ask why they pulled you over, like:

1. To See If You'll Admit to a Violation

When it comes to driving and traffic stops, there is no such thing as "Officer Friendly."  So, if you say something like “Yeah, I was speeding,” that’s an admission.  Admissions can strengthen the officer’s case if a citation is issued and you later decide to challenge it in court.  As noted below, police often lie to people to collect information they can later use against them in court.  

Under Frazier v. Cupp, 394 U.S. 731 (1969), the U.S. Supreme Court held that police misrepresentation of evidence during an interrogation did not automatically render a defendant’s confession inadmissible as a matter of constitutional law.  In that case, police falsely told the suspect that his cousin had already confessed to the crime. The suspect then confessed.  The Court ruled that the deception was relevant to voluntariness but did not by itself make the confession involuntary under the Fifth and Sixth Amendments.

Moral to this is being funny is not something you want to do/be at/during a traffic stop.  Let the cop talk.  You just listen.

2. To Gauge Your Awareness

Police want to know whether you noticed your behavior (speeding, rolling a stop sign, broken light) or if you’re unaware of it, which can affect how they handle the stop.  

In Arizona v. Johnson, 555 U.S. 323, 129 S. Ct. 781, 172 L. Ed. 2d 694 (2009), the Supreme Court confirmed that after a lawful traffic stop, an officer’s inquiries into matters unrelated to the justification for the stop do not convert the encounter into something unreasonable, as long as they do not lengthen the detention beyond its purpose.

Yeah, like that never happens. 

So a question like “Do you know why I stopped you?” — which is brief and designed to assess awareness — generally doesn’t turn a lawful stop into an unlawful seizure.

3. To Assess Honesty and Attitude

Your response helps the officer assess whether you’re being truthful, cooperative, evasive, or argumentative. This can influence whether you get a warning or a ticket (which, after sleeping on this, is total BS).  Police lie and weasel all the time to get people to admit to crimes.  In fact, as noted above police have a predisposition to lie to people.  

In fact, a key tactic that police officers use is lying elicit confessions, or pressure to meet arrest quotas.  Police also habitually fib because of their belief that "noble cause corruption" justifies bending rules for the "greater good," leading to issues like false confessions and wrongful convictions, with tactics including fabricating evidence or promising leniency, though these are obviously unethical.

4. To Check for Impairment or Distraction

Confused or inconsistent answers may indicate distraction, fatigue, or impairment (alcohol, drugs, or phone use).  In Delaware v. Prouse, 440 U.S. 648 (1979), the Supreme Court held that police cannot stop a motorist without at least reasonable suspicion of unlawful conduct (e.g., unlicensed driver, unregistered vehicle). A random, arbitrary stop is unconstitutional.  

However, once a stop is justified, courts apply the same Fourth Amendment reasonable suspicion standard to evaluate whether an officer can detain and investigate further.  In United States v. Arvizu, 534 U.S. 266 (2002), the SCOTUS held that once a stop is justified, courts apply the same Fourth Amendment reasonable suspicion standard to evaluate whether an officer can detain and investigate further (such as asking, "Do you know why I pulled you over").

5. To Control the Conversation

It lets the officer start the interaction calmly while observing your speech, behavior, and demeanor for safety reasons. 

Police control the conversation (or, at least, they want to think they do) during a traffic stop primarily to ensure their own safety, manage potential threats, and gather evidence efficiently. This tactic, often referred to as establishing "command presence" or "norming," allows officers to assess the driver's demeanor, identify inconsistencies in their story, and prevent the situation from escalating. 

6. To See If You Noticed a Safety Issue

If the stop is for something like a broken taillight or expired tag, your awareness (or lack of it) helps the officer decide how to proceed.  In United States v. Weaver, 9 F.4th 129 (2d Cir. 2021), the Second Circuit explicitly recognized that:

“Brief, casual questioning aimed at gauging risks or deescalating a situation” during a traffic stop may be justified as part of ordinary interactions that also serve officer safety. For example, “rapport-building questions” can help an officer assess coherence, agitation, impairment and other observable cues relevant to safety.

As such, asking "Do you know why I pulled you over" is still a viable questions used to help police fully assess the situation.

7. It’s a Standard Policing Technique

Many officers are trained to ask this question as part of routine traffic-stop procedures. 

Courts treat questions like “Do you know why I pulled you over?” as reasonable police conduct because:

• They are brief and non-coercive.
• They help an officer assess awareness, behavior, or demeanor.
• They fall within the scope of routine interaction during a lawful, limited detention.

I guess the moral to this story is....when a cop saunters up to the drivers side and pops THE question, just be cool.  Maybe be clever (but not too clever) and say something like: Because it’s my lucky day?

Expecting a Beat Down?

You know, most of the things I post are pretty non-personal (meaning they don't happen to me, so much).  Today's post hit closer to home.

The other day I got a call from a guy I knew in a prior life.  Seems Guy was walking down a street next to a park and got stopped by police.  Seems buddy was wearing black pants, a black shirt, black...well, suffice it to say, he was in a black kind of mood in the middle of summer - aaaaaand which while incredibly stylish, it caught the attention of the local po po.

Apparently, and I'm spitballing here, the officer that stopped Guy didn't like his style of clothing (which really didn't match the season) and stopped him.  When Guy was not forthcoming with personal information as fast as officer liked, officer arrested Guy and charged him with obstructing with a police investigation, resisting arrest, assault, and a bunch of other stuff.

On a side note, I find it particularly funny that people get charged with resisting arrest.  I mean, who in blazes wants to be handcuffed and tossed in the back of a police car designed for people under 5 feet tall.  OK, I do know some people who like to be handcuffed but I don't know anyone who would willingly be trussed up only to be tossed in the back of a patrol car.

It boggles my mind.

Anyway, fast forward a bits and Guy gets released, ALL charges are dropped and he's now filing a lawsuit against Officer for violating his civil rights under 42 USC § 1983.

So, I got to thinking what do people do to get targeted by police?  I mean, wouldn't you want to know so you don't get stopped just because?

Turns out there are a number of factors that police are looking for, like:

1. Gang-Affiliated Colors or Symbols

• Bright single-color outfits (e.g., all-red, all-blue, all-black in some cities)

• Sports team gear linked to local gangs (e.g., LA Dodgers caps, Chicago Bulls jackets in certain neighborhoods)

• Bandanas in specific colors tied to known gangs

• Risk: In some regions, these colors are unofficial “flags” for gangs, and police may use them in gang injunction enforcement.

2. Bulky or Concealment-Heavy Clothing (Especially Off-Season)

• Hoodies with the hood up on warm days

• Puffy jackets in warm weather

• Baggy cargo pants with oversized pockets

• Risk: Can be interpreted as attempting to conceal weapons, drugs, or stolen items.

3. Face Coverings and Masks (Outside of Health Contexts)

• Ski masks, balaclavas, or full face bandanas

• Pulling a hoodie string tight over the face

• Risk: May be treated as “masking” in preparation for theft or robbery.

4. Tactical, Military, or “Cop-Like” Gear

• Tactical vests, camouflage pants, combat boots

• Duty belts with empty holsters or MOLLE pouches

• Risk: Can signal militia or armed group affiliation, which may prompt a stop.

5. “Suspicious” Layering

• Wearing multiple shirts or jackets (common in shoplifting to conceal goods)

• Heavy coats paired with shorts (temperature mismatch)

• Risk: Seen as potentially hiding items or preparing for quick outfit changes.

6. Motorcycle Club Colors or Insignia

• Leather vests with patches for known MCs (“1%” patches, skull insignias)

• Large rocker patches identifying an MC and territory

• Risk: Linked to outlaw biker groups under law enforcement surveillance.

7. Costumes or Disguises in Non-Holiday Contexts

• Wigs, theatrical makeup, Halloween masks out of season

• Risk: Interpreted as intent to conceal identity during a crime.

In summary, 

• Neutral colors & patterns — avoid solid bright red/blue in gang-heavy areas.

• Dress season-appropriate — match clothing to the weather.

• Avoid obvious gang/military insignia — unless you’re in a clearly legitimate setting.

• Limit full face coverage — when not required for health or safety.

• Blend with the environment — if others in the area are in casual wear, match the tone.

While they probably won't admit it, apart from clothing, there are several other factors police use to profile people.

Behavioral Profiles

• Nervousness, avoiding eye contact, or suspicious movements (e.g., repeatedly looking around, hiding hands).

• Loitering in unusual places or for long periods without apparent reason.

• Trying to avoid police presence or walking away quickly.

• Acting unusually at a gas station, like frequently changing vehicles or handling items suspiciously.

Appearance Profiles

• Clothing associated with gangs or certain subcultures (e.g., colors, symbols).

• Wearing baggy clothing or concealing items.

• Unkempt appearance, which officers may associate with homelessness or drug use.

• Age and gender stereotypes, e.g., young males are more frequently stopped.

Location-Based Profiles

• Being in high-crime neighborhoods or “hot spots” known for drug activity or violence.

• Presence at locations with a history of illegal activity, like certain gas stations or street corners.

• Being in a vehicle that matches descriptions from recent crimes.

Vehicle Profiles

• Vehicles reported stolen or involved in crimes.

• Older models or cars with missing or altered license plates.

• Vehicles frequently seen in high-crime areas.

• Drivers exhibiting erratic driving behavior (speeding, swerving).

Known Associations

• Individuals who have prior arrests or warrants.

• Being with known suspects or associates.

• Matching descriptions broadcasted via radio or alerts.

So, let's say you're wearing something that police don't like and you're about to be pulled over or otherwise harassed by the police.  What can you do to minimize the damage coming your way?

1. Stay Calm and Composed

• Take deep breaths, keep your voice steady and polite.

• Avoid shouting, arguing, or aggressive gestures.

2. Follow Lawful Instructions

• Comply with clear, lawful commands (e.g., show ID, put your hands where they can see).

• Ask calmly if you don’t understand an order instead of resisting.

3. Keep Your Hands Visible

• Place hands on the steering wheel or in plain sight.

• Don’t make sudden movements or reach into pockets without saying so.

4. Avoid Physical Resistance

• Resisting arrest or struggling increases the chance of force.

• If you disagree with the arrest, contest it later legally.

5. Use Your Words to De-Escalate

• Say things like “I’m trying to cooperate” or “Please don’t hurt me.”

• Avoid profanity or insults.

6. Record the Encounter if Safe

• Use your phone or a dash cam to document.

• Let officers know you are recording if it’s safe to do so.

7. Know Your Rights but Stay Safe

• You have the right to remain silent and the right to an attorney.

• Exercising your rights calmly is better than physical confrontation.

8. Seek Witnesses

• If others are nearby, ask them to watch and record.

• Witnesses can deter excessive force.

Bottom line, when confronted by police, don’t try to fight back physically during the incident because billy clubs hurt.  If you do get a beat down, make sure you get medical help ASAP and document everything.  Finally, report any abuse to internal affairs and consider civil/federal legal action 

Actually, you should probably consider litigation a foregone conclusion. 

I'm just sayin. 

How Not to Give the Police a Reason to Arrest You While You're Out Driving Your Car

It's the holiday season, again, and you know what that means?  That's right - another round of police trying to search your car whilst driving to grandma's house.

Seems every time I hop on the the Internet there's a slew more articles/videos of police doing everything they can to get in someone's car.

I gotta wonder why police do everything they can to get people to consent to a search and why people think consenting to a search at a traffic stop is a good thing?

So, picture it - you're driving along (to grandmothers house) and you get pulled over by highway patrol.  Police approach and right off they ask if they can search your car.  Without giving any legal advice here, what might you do to avoid giving consent to a search?

1. Clearly and Politely Say No to a Search

According to Egzon Hasi of White Law PLLC, many people believe police can search cars during traffic stops, but that’s only semi-true. Cops can only search vehicles during traffic stops when they establish probable cause.

However, if you don't want police to search your car, you must actually say you do not consent — silence can sometimes be taken as consent.

Example phrases you can calmly use:

• “I do not consent to any searches.”

• “No, officer, I do not agree to a search.”

• “I do not give you permission to search my car.”

Keep your tone calm, non-aggressive, and respectful.

2. Do Not Physically Interfere

If the cop does get you out of our car or just reaches in through the open window to open the door themselves, don't (as in never) touch the officer, block them, or resist physically — that can escalate to arrest.  Just state your refusal verbally and stay still with your hands visible.

3. Avoid Volunteering Information

According to Brendan Fernsten, managing partner at Barns & Fernsten, volunteering more information than what is legally required can inadvertently lead to self-incrimination. This could include providing information about your whereabouts, actions, or intentions–even if it seems innocuous, it can lead to further investigation and potential legal complications.

Example:  

Officer says, "do you know how fast you were going?"  

Officer says, "Do you know why I pulled you over?"

Officer says, "Where are you coming from?" 

So,do not give extra details about where you’ve been or what’s in your car — keep answers short, provide only what is legally required: license, registration, proof of insurance, and know that small talk or nervous chatter can accidentally give officers a “reason” to escalate.

4. Clarify if You Are Free to Go

The Thiessen Law Firm notes that: once the purpose of the stop is complete — whether you’ve received a citation or just a warning — you are legally free to leave unless the officer has developed legitimate, reasonable suspicion of another crime.

You can politely ask: am I being detained, or am I free to go?”  If they say you’re free to go, calmly leave.  If they say you’re detained, you still have the right to refuse a search unless they have probable cause or a warrant.

5. Do Not Open the Door or Trunk Unless Required

Legal Zoom notes that the Fourth Amendment protects you from unreasonable search and seizure. The Supreme Court has looked at several cases involving Fourth Amendment rights and warrantless searches. In most instances, the officer can conduct a search if they have probable cause to do so.

It is important to note that cars are generally excepted from the advance warrant requirement because of their mobile nature. This gives police license to conduct warrantless searches of cars - provided they can find probable cause (which is actually easy to do). 

In Chimel v. California, 295 U.S. 752 (1969) the court held that police might search the person and all areas under a person's control or reach.  This reasoning may be applied in the case of a trunk. It would be in control of the car's driver, and barring some unusual circumstance, within his or her reach. A trunk generally conceals its contents. So, an officer may look there if there is a belief that what he is searching for might be in the trunk.

Regrdless, while officers may casually say, “Pop the trunk” or “Open the glove box, ” if you do not want to consent:  Politely say, “I do not consent to searches.”  Only open compartments if required for documents (e.g., registration) — and do so slowly and carefully.

6. Remain Calm & Professional

• Keep hands on the wheel where they can see them.

• Avoid sudden movements.

• Do not argue or insult the officer — anger can escalate the situation.  This means don't start swearing at the police officer.  Even IF they don't have probably cause to search your vehicle, they'll figure something out or make up a crime just to delay you from getting to grandmas house.  I mean, have you never seen any YouTube videos where police make up stuff?  Happens a lot and because people do stupid things to piss off a cop.

• If pressured (“If you’ve got nothing to hide…”), just repeat:  “I understand, but I do not consent to searches.”

7. Record the Encounter (If Legal in Your State)

Many states allow you to film police during traffic stops as long as you don’t interfere.  In fact, the 10th circuit noted in Irizarry v. Yehia, No. 21-1247 (10th Cir. 2022) that “filming the police and other public officials as they perform their official duties acts as ‘a watchdog of government activity’” and is a constitutional right. So, go ahead and:

• Use your phone dash-mount or voice recorder.

• Calmly state: “For my safety and yours, I’m recording this interaction.”

8. Know Exceptions

Even if you refuse, police can sometimes still search if they have:

• Probable cause (e.g., they smell marijuana, see contraband in plain view).

• Exigent circumstances (they believe evidence will be destroyed or someone is in danger).

• An arrest (they can search the car for weapons or evidence).

Now, I'm not an (or your) attorney but after careful research and examination of the laws of the land, it would behoove you, if you're ever pulled over, to:

1. Be polite.  
2. Give short answers.  
3. Clearly state you do not consent to a search of your vehicle. 

and soon enough you'll be back on the road on your merry way to grandma's house (and not jail). 

When the Badge Becomes the Bully

I don't know about anyone else but do you know why I went to law school?  I went to law school because I wanted to help the underdog.

OK, yes - when I think of underdog, I think of the cartoon but, and more specifically, I'm talking about the little guy on the street who is getting his face smooshed into the asphalt by a bunch of thugs and bullies.

Or the old lady getting her house taken by eminent domain by some fat cat that has it in with city hall just so he can build another office building.

Or the guy just standing on a sidewalk and police come up to him and demand to see ID just because.

I mean, doesn't that bother you - police walking up to people demanding ID and then arresting them when they don't provide it?  Sounds a just a bit underhanded.

The thing with demanding ID just because has always bothered me and I got to wondering why it is police think they can just walk up to people, demand their identification and arrest them when they don't cough it up?  I mean, it seems like it happens all the time what with the hundreds of YouTube videos online.

So, picture it - guy is standing on a sidewalk just minding his own business.  Cops show up and demand to see his identification.

 

In most cases, and depending on context (traffic stop, pedestrian stop, private property, etc.) and jurisdiction, there are several situations where U.S. citizens are NOT legally required to produce identification such as:

1. No “Stop and Identify” Law

• In states without a stop-and-identify statute, you generally don’t have to show ID just because an officer asks.

• You may still have to state your name if an officer has reasonable suspicion you’re involved in a crime (per Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004)).

• If there’s no reasonable suspicion, you can decline to provide ID.

2. Pedestrian Stops in Public

• If you’re simply walking in a public place and not suspected of a crime, police cannot demand ID.

• Example: Just standing on a street corner or filming police does not automatically create legal grounds to demand ID.

3. Passenger in a Vehicle (Some States)

• In many states, only the driver must show a license during a traffic stop.

• Passengers often don’t have to produce ID unless:

  • There is reasonable suspicion of criminal activity, OR

  • State law specifically requires passengers to identify themselves (rare).

4. Casual Encounters (“Consensual Encounters”)

• If a police interaction is voluntary (you’re free to leave), you can refuse to show ID.

• Officers typically must clarify if you are being detained or if you are free to go.

5. Private Property (Not Driving)

• If you’re on your own property AND not suspected of a crime, police cannot compel you to produce ID.

6. Non-Criminal Contexts

• In most states, there is no general law requiring you to carry ID at all times.

• Exceptions:

  • If you’re driving (must carry license).

  • If you’re flying (TSA requires ID).

  • If you’re buying age-restricted items (store can refuse sale if you don’t show ID).

7. Exercising Certain Rights

• Filming police, protesting peacefully, or attending public meetings typically does not require you to show ID unless there’s a lawful order (e.g., dispersal order, arrest). 

Wait, Wait, Wait.  Let's back up a bit - a stop-and-identify statute?  What is a Stop-and-Identify statute?

“Stop‐and‐identify” statutes (or similar laws) allow police to require a person to identify themselves (usually by name, sometimes address, date of birth) when the person is lawfully detained and there is reasonable suspicion.  In such states, failure to identify can in many cases lead to arrest or criminal penalty, depending on the statute. 

Presently, there are only 24 states in the Union that have a stop-and-identify statute, as follows:

Alabama

Ala. Code §15-5-30

Arizona

A.R.S. §13-2412 & §28-1595

Arkansas

Ark. Code §5-71-213 (loitering)

Colorado

Colo. Rev. Stat. §16-3-103(1)

Delaware

Del. Code Ann., Tit. 11, §§1902 (suspicion of crime) & 1321(6) (loitering)

Florida

Fla. Stat. §901.151 (Stop and Frisk Law); §856.021(2) (loitering and prowling)

Georgia

Ga. Code Ann. §16-11-36(b) (loitering)

Illinois

725 Ill. Comp. Stat. §5/107-14

Indiana

Ind. Code §34-28-5-3.5

Kansas

Kan. Stat. Ann. §22-2402

Louisiana

La. Code Crim. Proc. Ann. Art. 215.1(A); La. Rev. Stat. §14:108(B)(1)(c)

Missouri

Mo. Rev. Stat. §84.710(2)

Montana

Mont. Code Ann. §46-5-401

Nebraska

Neb. Rev. Stat. §29-829

Nevada

Nev. Rev. Stat. §171.123

New Hampshire

N.H. Rev. Stat. Ann. §594:2, §644:6

New Mexico

N.M. Stat. Ann. §30-22-3

New York

N.Y. Crim. Proc. Law §140.50 (suspicion of crime)

North Dakota

N.D. Cent. Code §29-29-21

Ohio	Ohio Rev. Code §2921.29

Rhode Island

R.I. Gen. Laws §12-7-1

Utah	Utah Code Ann. §77-7-15

Vermont

Vt. Stat. Ann., Tit. 24 VSA §1983

Wisconsin

Wis. Stat. §968.24

OK, so, there are two things that allow a cop to stop you and ask for identification.  ONE is the Stop and Identify statute.  TWO, is reasonable suspicion.  So, what is reasonable suspicion?

 

Briefly, reasonable suspicion is a legal standard in U.S. criminal law that allows a police officer to briefly stop, question, or detain a person if the officer can point to specific and articulable facts, together with reasonable inferences from those facts, that suggest the person is involved in criminal activity. 

NOTE: under Terry v. Ohio, 392 U.S. 1 (1968), police can't just have a hunch (or gut feeling) that you've committed a crime.  They must be able to articulate specific facts that led them to believe that a crime has or is about to be committed BEFORE they can stop and ask for identification.

For example: 

• Hunch: “That guy looks suspicious.”

• Reasonable Suspicion: “The man circled the same block three times, peered into the closed store window, and kept adjusting something at his waistband.”

• Hunch:  Observed you just standing on a public sidewalk

• Reasonable Suspicion: Observed you standing on a public sidewalk, looking in car (or business) windows, checking for locked doors.

To summarize, unless you are pulled over while driving a car or are otherwise looking suspicious and are acting like you are or are about to commit a crime, then police have no business walking up to you and demanding to see your ID.

You know, that makes me feel all warm and fuzzy inside.  Nice to see all those years of studying how to conduct research is finally paying off.

So, when next you are approached by the police AND (provided you're not in the above noted 24 states - or even if you are) you're not doing anything suspicious, know that you are well within your rights to deny police access to your secret identity.