LE opening your car doors

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  • Butch627

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    We were just doing traffic stops scenarios with the recruits and one of the cars we were using had a broken passenger window. Made for interesting passenger side approaches. Showed them to open the door.

    So I take it that opening the door without the driver signaling them to do so is within their rights and a common procedure even if they see me trying to open the window? Thats all I wanted to know as it was a first for me and it just didn't feel right.
     
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    Kutnupe14

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    So I take it that opening the door without the driver signaling them to do so is within their rights and a common procedure even if they see me trying to open the window? Thats all I wanted to know as it was a first for me and it just didn't feel right.

    There are a lot of factors involved. In practice, it shouldn't be done unless there are some extenuating circumstances. An officer opening your door willy nilly? Typically that won't fly. For instance, let's say that you have a bag of dope jammed into the side of the passenger's seat nearest the door. If the officer opens your door "just because," and sees the dope.... well, he ain't gonna be able to charge you with it. Well he might, but he's not going to win that case.
     

    UTL

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    There are a lot of factors involved. In practice, it shouldn't be done unless there are some extenuating circumstances. An officer opening your door willy nilly? Typically that won't fly. For instance, let's say that you have a bag of dope jammed into the side of the passenger's seat nearest the door. If the officer opens your door "just because," and sees the dope.... well, he ain't gonna be able to charge you with it. Well he might, but he's not going to win that case.

    Hopefully the officer is smart enough to articulate from past experiences and the current situation why he opened the door. As VUPD stated, its not that uncommon for vehicles to have windows that do not open. Especially the ones that would have a bag of dope in them.
     

    hoosierdoc

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    And don't forget the classic: "Am I being detained?"

    We had a guy do that in the ER. Lied to us numerous times about things and then decided to get up and leave. Unfortunately he has received narcotics and wasn’t allowed to drive. Not a problem since “his wife dropped him off and had his ID”. Our security approached him as he was opening his driver’s door and got that reply :D
     

    Denny347

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    As a matter of course, or only ones it is apparent the window can’t roll down?

    So I take it that opening the door without the driver signaling them to do so is within their rights and a common procedure even if they see me trying to open the window? Thats all I wanted to know as it was a first for me and it just didn't feel right.
    Not as a matter of course. However, if the officer believed that it was needed to communicate, that would be reasonable. If a driver was fumbling with the window button or lock button, the officer might take that as a sign that communication could be an issue and went ahead and opened the door. We won't open the door on passenger approaches just because...
     

    Dirtebiker

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    I am seriously not in favor of him opening the door.

    But approaching from the passenger side makes a lot of sense to me. Especially in high traffic. I wish it were S.O.P.

    I regularly see Gomers standing out in traffic thinking a badge is going to protect them from a '96 Dodge with another Gomer behind the wheel.
    I don’t know why it couldn’t be SOP to signal the driver to go to next exit or next pull off where there’s room to get completely off the road for everyone’s safety.
    I understand that gives the bad guy more time to run, possibly more chance to wreck, more time to get a weapon out, etc., but really how many people that get pulled over are trying to shoot/harm the Leo?
    just seems to me safer to get away from the 3,000-15,000 pound missiles that are traveling 55-90mph! With idiot drivers glued to their iPhones, texting, doing their makeup, eating, etc.
     

    VUPDblue

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    I don’t know why it couldn’t be SOP to signal the driver to go to next exit or next pull off where there’s room to get completely off the road for everyone’s safety.
    I understand that gives the bad guy more time to run, possibly more chance to wreck, more time to get a weapon out, etc., but really how many people that get pulled over are trying to shoot/harm the Leo?
    just seems to me safer to get away from the 3,000-15,000 pound missiles that are traveling 55-90mph! With idiot drivers glued to their iPhones, texting, doing their makeup, eating, etc.

    I'm interested to know how you'd propose implementing this. It's hard enough to get the public-at-large to pull to the friggen right for blinky lights, let alone figure out a way to give them a specific spot to stop. :twocents:
     

    Trigger Time

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    We had a guy do that in the ER. Lied to us numerous times about things and then decided to get up and leave. Unfortunately he has received narcotics and wasn’t allowed to drive. Not a problem since “his wife dropped him off and had his ID”. Our security approached him as he was opening his driver’s door and got that reply :D
    So what was their answer? People drive all the time who take narcotics. Hospital policy and law are two different things arent they? So did your security kidnap him?
    Guy was probably a **** bag but i know if i wanted to leave and someone chased me out to the parking lot when I haven't broke the law it probably isnt going to end well for someone. Im betting some security guards
     

    Dirtebiker

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    I'm interested to know how you'd propose implementing this. It's hard enough to get the public-at-large to pull to the friggen right for blinky lights, let alone figure out a way to give them a specific spot to stop. :twocents:
    I shouldn’t have said “I don’t know why it couldn’t “, but maybe “Too bad it’s not”?
    I know, I’ve seen it too many times. People are too busy to drive, let alone pay attention to emergency vehicles and get the hell out of the way.
    Last time I was pulled over, on State Road 135, I drove 1/2 mile with my turn signal on, riding the shoulder (it was obvious he was pulling me over and not wanting to get around me, to pull into a utility lot so I wouldn’t be stopping a long line of traffic. Officer had NO problem with it. Would most officers appreciate that or would they rather I stop half on/off the road where the following traffic would either have to stop and/or pass us in heavy “rush” hour traffic?
    What if we were on 465, rush hour. Would you be ok if I signaled that I saw you, used my turn signal or flashers, and got off the next exit or wide shoulder instead of stopping where you would be on the very edge of or sticking out in the lane?
    I know I’ve heard “I’ll light you up when/where I want you to stop “, but isn’t safer better?
     

    hoosierdoc

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    So what was their answer? People drive all the time who take narcotics. Hospital policy and law are two different things arent they? So did your security kidnap him?
    Guy was probably a **** bag but i know if i wanted to leave and someone chased me out to the parking lot when I haven't broke the law it probably isnt going to end well for someone. Im betting some security guards

    Well at that point he lied to get narcotics which as far as I know is still a crime. He chose to not push things and decided to wait instead. Then he checked back in, lied some more, and again got up and walked out.

    Curious what the law law says about taking a narcotic and driving. I know it happens all the time, but is that “under the influence”? Or only if you seem impaired by it?

    i heard police also put their thumb prints on your trunk too. Is that true?
     

    Trigger Time

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    Well at that point he lied to get narcotics which as far as I know is still a crime. He chose to not push things and decided to wait instead. Then he checked back in, lied some more, and again got up and walked out.

    Curious what the law law says about taking a narcotic and driving. I know it happens all the time, but is that “under the influence”? Or only if you seem impaired by it?

    i heard police also put their thumb prints on your trunk too. Is that true?
    I dont know about the medical stuff Doc, i was genuinely asking. Id hope its illegal but they probably feel sorry for them since they consider it a disease and slap them on the wrists.
    I think its probably impaired rather than just influence as far as narcotics go since you can still have alcohol in your blood and breath and legally drive. People should probably always follow exactly what their doctor says if they're on those but also be aware of how they feel on them.
    Obviously I'm not a cop but i do know the fingerprints on the back of the vehicle is true. I've seen them do that driving by traffic stops.
     

    Expat

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    There are a lot of factors involved. In practice, it shouldn't be done unless there are some extenuating circumstances. An officer opening your door willy nilly? Typically that won't fly. For instance, let's say that you have a bag of dope jammed into the side of the passenger's seat nearest the door. If the officer opens your door "just because," and sees the dope.... well, he ain't gonna be able to charge you with it. Well he might, but he's not going to win that case.
    I learned from Live PD, the PoPo can smell bagged Mary Jane in a trunk, when it drives past on the highway at 65 mph.
     

    DoggyDaddy

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    I dont know about the medical stuff Doc, i was genuinely asking. Id hope its illegal but they probably feel sorry for them since they consider it a disease and slap them on the wrists.
    I think its probably impaired rather than just influence as far as narcotics go since you can still have alcohol in your blood and breath and legally drive. People should probably always follow exactly what their doctor says if they're on those but also be aware of how they feel on them.
    Obviously I'm not a cop but i do know the fingerprints on the back of the vehicle is true. I've seen them do that driving by traffic stops.
    What's the purpose of the thumb/finger prints on the trunk? In case the driver takes off and eludes police they can identify the car?
     

    dudley0

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    What's the purpose of the thumb/finger prints on the trunk? In case the driver takes off and eludes police they can identify the car?

    I have heard that is the case. More from older days than now. What with video, better radios and all I am not sure it is needed. I would watch the shows and see the LEO do that. I always thought it was to discharge static so they didn't shock the person handing over their info.

    Guess I was way off.
     

    Kutnupe14

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    What's the purpose of the thumb/finger prints on the trunk? In case the driver takes off and eludes police they can identify the car?

    Kinda. The way it was explained to me, that is a traffic stop goes south, and the officer is either hurt or killed, you at least are able to confirm (if you have the suspected vehicle), that the officer was there.
     
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