Infographic: 3 Levels of Police/Citizen Encounters

[TaunTaun]

Looked around for it and didn't see it. Based off of a story on theblaze.com
Here Are the Rights You Have When Interacting With a Police Officer in One Detailed Infographic | TheBlaze.com

The only part I would disagree with (as far as Indiana goes) is that weapons are not automatically suspicious paraphernalia.

 

[Bill B]

I know that the courts in Michigan have ruled that you cannot be pulled stopped for turning away from a checkpoint.

 

[BehindBlueI's]

Wait, weapons and a crowbar are suspicious? Huh. Who knew?

Anyway, like most "one size fits all" advice, its hit and miss. All in all, pretty reasonable except the "only roll the window down a little bit." Absent inclement weather, that's suspicious by itself and is a very good indicator of DUI or recently smoked narcotics. I would order you out of the car if you refused, and the pamphlet certainly doesn't go into that (understandably do to space limitations). Only cracking the window is terrible advice.

 

[stephen87]

Searing a ski mask at night is suspicious? What if it's freezing cold outside? Do I just let my face freeze?

 

[Denny347]

Searing a ski mask at night is suspicious? What if it's freezing cold outside? Do I just let my face freeze?

There is an infinite number of small variables that would change a ski-mask from not suspicious to suspicious...or better yet, change "normal" behavior to suspicious behavior.

 

[shibumiseeker]

Searing a ski mask at night is suspicious? What if it's freezing cold outside? Do I just let my face freeze?

Ski masks are better basted, not seared.

 

[kiddchaos]

Good post.

 

[Kirk Freeman]

There is an infinite number of small variables that would change a ski-mask from not suspicious to suspicious

"Fact sensitive"

 

[g00n24]

I know that the courts in Michigan have ruled that you cannot be pulled stopped for turning away from a checkpoint.

Yes I have also heard (I think from one of INGO's LEOs in awhile back) that they have to let you avoid a checkpoint...ie giving you time to turn around (has to be done legally obviously)?????

 

[ArcadiaGP]

I had a big argument with someone on Reddit about something similar to this. There was a "WTF" image of a man in the UK holding an axe at nighttime.

Countless people asked if they called the police.

I questioned why they would call the police on a man holding a tool.

They questioned my sanity, insulted me, etc... and said if the police decided he had a reason, he'd be allowed to continue.

I called the UK a police state.

They denied it.

I pointed out the use of "he'd be allowed..."

They denied it.

Oh well.

 

[cp009]

Also incorrect is that the refusal to blow does not mean the suspension of you license is irreversible.

 

[Denny347]

"Fact sensitive"

Exactly, I hate these "what ifs" precisely because there is never enough detail in the scenario to make a solid determination. The correct response to these 99% of the time is "it depends".

 

[Denny347]

Also incorrect is that the refusal to blow does not mean the suspension of you license is irreversible.

It's very rare to have a refusal suspension reversed since it is an administrative penalty by the BMV, separate to any legal action by the court. One would have to show the officer had no PC to offer implied consent in the first place.

 

[indytechnerd]

Now can you refuse the roadside blow without a suspension? Or is that any different?

 

[Bill B]

Wait, weapons and a crowbar are suspicious? Huh. Who knew?

Anyway, like most "one size fits all" advice, its hit and miss. All in all, pretty reasonable except the "only roll the window down a little bit." Absent inclement weather, that's suspicious by itself and is a very good indicator of DUI or recently smoked narcotics. I would order you out of the car if you refused, and the pamphlet certainly doesn't go into that (understandably do to space limitations). Only cracking the window is terrible advice.

Just to be fair, it does say to only open the window a crack unless ordered to open it all the way. Personally, every time I have been pulled over the engine has been off, interior lights on, window down and hands at 10 and 2 by the time the officer got to the car. But that's just me.

 

[KLB]

Question. It says in Indiana you have to show ID if you are detained. I am guessing that means you have to ID yourself not actually show ID. Is that correct?

 

[Rookie]

IC 34-28-5

 

[Lectric102002]

Question. It says in Indiana you have to show ID if you are detained. I am guessing that means you have to ID yourself not actually show ID. Is that correct?

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.

 

[BehindBlueI's]

Now can you refuse the roadside blow without a suspension? Or is that any different?

You can refuse the PBT on the roadside without penalty. You can't refuse a certified chemical test without penalty. There are no certified tests on the roadside. I never used the PBT on DUI's because I saw so many drunks that other officers were testing whining and arguing about how "they'd already did it once." If you are good with your observation and SFSTs, you don't need the PBT in the slightest.

 

[cp009]

You can refuse the PBT on the roadside without penalty. You can't refuse a certified chemical test without penalty. There are no certified tests on the roadside. I never used the PBT on DUI's because I saw so many drunks that other officers were testing whining and arguing about how "they'd already did it once." If you are good with your observation and SFSTs, you don't need the PBT in the slightest.

My point exactly a roadside test is not certified. I have seen the 1 year suspension suspended, but only after court order.