Driver's failure to laugh at odd question during stop not reasonable suspicion
fourthamendment.com
fourthamendment.com
Between that and a few other not-quite-that-bad incidents, I now treat cop cars as the least-predictable cars on the road. You never know WTF they might do, and you'll be the one in trouble if they cause a wreck.
... and immunity from persecution for shooting you.
... and a statistically vastly higher chance, compared to the average population, to desire committing murder and hurting other people.
Bad mix. Police (in the US) is fucking scary.
I think you meant prosecution as they are definitely not immune to persecution nowadays--at least from the public.
If they so desperately want to find crime, they can, you know, pick up the phone when someone's car gets broken into. Plenty of that going around.
It is such an infantile response.
One aspect of the theory that police are just not doing their jobs that really infuriates me is how it's seemingly done in secret. If so many police feel so strongly that they can't do their jobs or whatever their reasoning is, just come out and fucking say it! At least we'd all be on the same page about what's going on, and maybe we could start working towards a solution.
But personally, I think that any solution is going to involve more money going to police departments, because solutions usually require money. If we want better cops, we need to pay them more and train them better, both of which cost money. I am sure there are things we could do to make policing cheaper, but I don't see how better cops won't require more money.
Edit: I'm all for both of these, but the cyclists citations don't have much popular support. While the driver citations do.
The city council has asked them to have different priorities, but that's not what happens.
And more recently we've decided that they shouldn't bother with piddly drug users. They hate that because it was easy pickings. Instead we want to focus on property crime. That's work. And worse courts and the politicians don't take that seriously.
Based Buddhist policeman.
As a neuro-atypical person (likely aspergers / high functioning autism), I most likely will not "get" that you are joking. I will be extremely pissed off that you interrupted my routine and are taking up my valuable time. I will want the encounter to end as quickly as possible. I'm probably also nervous because I watch an unhealthy amount of YouTube videos about traffic stops gone wrong. So yeah I'm not likely to see the humour in the situation. I'm just hoping that I did everything that was expected of me, that I don't say anything stupid and can get the ticket and move on with my day already.
People say this, but are there? To me, part of the set of requirements to be a good cop is to not only pay lip service about disliking "bad cops" but to actively work to clean the house. If as many good cops really existed and really disdained bad cops, you wouldn't see the bad cops skating peacefully through life the way they do.
He initially started as a police officer about a decade ago and then left to become an insurance adjuster. Apparently that insurance job did not bring in enough income and ended with false promises, so he ended up back as a police officer after a couple of years. I get the feeling he doesn't enjoy the job; they make him work crazy overtime hours and he has to work night-shift, which makes maintaining a family very difficult. Point being, not everyone joins the force to unleash their abusive side without repercussions, or whatever the current stereotype is. This man is doing it simply to support his family.
I hope that helps answer your question some. Human beings are complex and painting all of them with a wide brush is a lazy way to justify hating someone that may not deserve it.
On a, what I've found is their definition of "bad cop" has a much higher bound than mine. They always mean the stereotypical psychopath cop. They'll rationalize the egregious behavior and not include more run of the mill rule bending as even being meaningful.
On b, this was my main point. It's easy to excuse it all as long as one is willing to push the responsibility to others. Or worse, they push back on me asking if I'd report or speak out against someone breaking rules at my work. Well yes, actually. And I'd expect that of others.
So my point was that in order to be considered a "good cop" I expect them to at a minimum a) adhere to laws themselves and b) actively work against other cops who do not follow a.
He was one of the police officers during the George Floyd protest riots in Portland, so I've got to hear some of it from his perspective and nothing he said struck me as a "red flag" of any sort. Then again I'm not one to "take sides" on any matter either. I don't care what the court of public opinion wants, because it often lacks empathy or putting oneself in the other person's shoes. This tends to make me an outlier in most controversial topics, so maybe my opinion of what makes a "bad cop" will not necessarily match yours or others.
Yes. Anyone who takes a moment to think through the numbers logically recognizses this. And the two replies that my comment have gotten pouncing on me saying that, including yours, is the reason why it must be said.
The thing about police is that it's one of those things where the routine interactions and police work, which is representative of the vast majority of what goes on, is boring and uneventful. There is no reason for it to ever make headlines.
But it only takes one incident of corruption or one costly mistake and everyone is talking about it. That's a good thing, it needs to be addressed. But it really skews public perception and makes people think that that kind of stuff is way more commonplace than it actually is.
We have a mountain of evidence showing that, even when there are good cops, the moment they cross paths with bad cops, the bad cops either convert them to their side or get them removed from the force.
These are not marginalized people who need their stories told. These are members of a quasi-military group full of self-proclaimed neo-Nazis with effective legal immunity from murdering random citizens of our country, and, as another comment aptly noted, a significantly higher propensity for violence and unwillingness to accept that other people have a right to live—or do much of anything else, it often seems. Moreso if those "other people" are people of color, queer, disabled, or otherwise marginalized.
"But there are lots of really good cops!" just screams of apologism and a desire to salve the egos of the poor mistreated fascists.
You sometimes see this come out where one department refuses to cover for another department or its officers doing bad things. Obviously the goal would for that to be the norm instead of the exception.
4x the chance of domestic violence.
https://www.inquirer.com/philly/news/homepage/20140910_Domes...
Well, that plus some unearned violence.
Good fucking luck cross examining a dog.
I sometimes wonder if people have no internal thoughts in their head other than what someone else is saying, many times, even in high stress, I will be thinking about how to respond after I have gathered the essence of the argument.
Long lists generally lose me two items in.
There's never been more evidence that cops need a psychology degree with deference to questioning their own judgement.
Yep. This is the exactly problem - these stop-and-search with dubious probable cause excuses are all about hitting their numbers without having to work too hard. They are "fishing expeditions".
If you have been pulled over for seemingly no obvious reason, they are looking to find something to arrest you for already.
Just new reasons for probable cause, with the same goal: to write tickets and make arrests. I don't want to say all, but many (and in places, most) traffic stops are about hitting quotas and not about public safety.
This sort of stuff gets conveniently remembered when someone is being persecuted (sometimes for good reasons in the case of a serial killer or organized criminal, or for bad reasons like someone who is just being critical of a public figure).
I for one hope to one day drink wine with my wife while watching movies in the back of our self-driving car, on the way to Disneyland from Chicago.
In Europe, the guy behaves more like a school teacher who caught you cheating.
Enough with the "keep your hands on the wheel", and the BS with the mag light.
https://www.youtube.com/watch?v=9AAx-td3uzM
They eventually got off of all charges, but the process is the punishment.
EDIT
Forgot to add - the only correct answer to a police officer asking questions is "I do not answer any questions without my attorney present". Also, for a traffic stop, courts have ruled that once they give you back your license, you are free to go. The police can lie to you and try to get your consent to be there after that, but you can just drive off. They may want your consent to stay for a dog to sniff your car or something. Don't be bullied - just drive off.
> Forgot to add - the only correct answer to a police officer asking questions is "I do not answer any questions without my attorney present".
> once they give you back your license, you are free to go
The pickle is that once you exercise your rights as indicated in the first part, the second part is unlikely to happen. You are correct that you don't have to answer questions, but it is also possible that you will just be taken into custody to properly adjudicate the interaction at the station. In some circumstances, this can be beneficial for you.
> Don't be bullied - just drive off.
This gets people killed. If the police want to bully you, you don't have a lot of options. Driving off from the police is a great way to get shot through your window.
We have rights, but those rights are enforced in courts and generally not at police stops.
If you answer the cop's idle questions about drugs or weapons in the car, then you are inviting the cop to analyze your answer and use it as an excuse to get inside of your car or arrest you, and inviting more problems. Refusal to answer the question and asserting your right is not a suspicious action, and they are legally required to stop asking your such idle questions at that point.
Once you are handed your license back, the stop is over. Your detention is over at that point and you are free to go.
Driving off is not arguing with the police - it's going about your business. If you consent to stay after the stop is over while they bring a dog, then you are basically consenting to a search of your car.
> Refusal to answer the question and asserting your right is not a suspicious action, and they are legally required to stop asking your such idle questions at that point.
This is...not how traffic stops work. For all intents, it is safer to assume the police office stopping you knows little or nothing about the law, civil rights, or the Constitution.
> They can of course break the law and use that to detain you and if they do that you should not resist.
> Once you are handed your license back, the stop is over...Driving off is not arguing with the police - it's going about your business.
These are potentially at odds, for example. If the officer doesn't know/believe/understand that handing your license back constituted the end of the stop, in his mind you have just fled a crime scene. In his mind, you have escalated and given him a reason to use force. You (or your heirs) may prevail in court that he was "wrong," but on the day of the stop the officer can make that much-later victory Pyrrhic.
This. Common advice is that you should never argue with the cop, you argue with the judge instead.
Before driving off, you should always depart any conflict with "am I still being detained or am I now under arrest?"
I wouldn't say that last part for a couple of reasons. Mainly, phrasing it as if those were the only two options might make a cop decide to arrest you. Also, those aren't the only two options. You might just continue to be detained.
I think asking "am I free to go?" is a better question.
IANAL, but: If you don't have an attorney, don't lie to a police officer and say/suggest that you do.
Whatever you did, talk or not talk, lawyers will say you were wrong. To cover their ass and put the blame on you.
This is something that surfaced in the public discourse during the George Floyd protests. The average police officer doesn't receive as much formal training as most people think. Most police academies last less than a military boot camp, and a rookie is expected to get most of their training on the job, which is how this guy was taught this nonsense.
[EDIT] TFA specifies that in this case, however, it was not from official training.
Same officer, another case, same phrases, there he testifies the warning sign was the laughter. https://x.com/OrinKerr/status/1715764780567572945?s=20
It's about power.
I don't mind police generally, and the bitter negative majority take really turned me off for 30+ years.
But they're right. It's about power.
The bitter negativity just results from seeing what happens when you're on the wrong side of that. I've been lucky enough to avoid it.
I told him that it's lucky that solid democracies seldom go to war against each other, but that I would probably flee to the Bahamas to avoid it.
Democracies are relatively rare (in the history from which one might assess rates of going to war), but don't seem to go to war against each other any less often than countries in general when considering other factors associated with propensity to go to war, like geopolitical alignment.
But what is the right answer to this question? It seems like a no-win one.
I agree- I don’t know what “right answer” the immigration officer was expecting.
https://twitter.com/OrinKerr/status/1715764780567572945
> When Officer Smart returned to the driver’s side window, he asked Ross whether there were any “firearms in the vehicle, narcotics, specifically heroin, crack, marijuana, cats and dogs.” Ross looked straight ahead, paused, and then “kind of giggled and said no.” Officer Smart observed that Ross continued to appear very nervous and continued to reach towards the center console and move his jacket around. The backup officer arrived soon thereafter. Officers Smart and Foreman had become sufficiently concerned that Ross might be armed as a result of their observations and interactions with Ross that they then asked Ross to exit the vehicle.
Being nervous when questioned by a cop is a perfectly rational response. Lots of people giggle when nervous. My wife, for example, laughs every time I hurt myself[2].
[1] https://www.epoch-magazine.com/post/sink-or-swim-the-swimmin...
[2] I sort of hope this is a nervous response rather than her finding me hurting myself genuinely funny
Either way, what a manipulative tactic.
Edit to add: Here's the I-94W form which people normally tell this story about https://i.stack.imgur.com/NhlML.jpg
The second question is the one which asks whether you are a convicted terrorist or nazi war criminal but it doesn't ask whether you're planning anything.
https://www.uscis.gov/sites/default/files/document/forms/n-4...
Part 12, question 10-11: "Have you EVER been a member of, or in any way associated (either directly or indirectly) with: The Communist Party?; Any other totalitarian party?; A terrorist organization? Have you EVER advocated (either directly or indirectly) the overthrow of any government by force or violence?"
Ironically, most of our political leadership doesn't qualify to become a US citizen; they've almost all advocated for the overthrow of Iraq's government by force. I'd imagine in practice some governments are more equal than others here...
1) Your counter-part may not be emotionally intelligent enough
2) Deep-down, even if you know someone is showing you a nervous laugh it takes yet another level of emotional discipline to not be annoyed by it (like parents telling their kids "it's not funny".)
I can't stress enough how much extra trouble I got myself into by being a nervous laugher and no one telling me any better. As a child when you nervous laugh, the typical response from an adult is typically ~ "Oh yeah, let me double down and show you how not funny this situation is" which implicitly is trying to be a punitive lesson in life to change your behavior.
All this to say, this kind of police training/question is just cops making up pseudo-science and, as someone else pointed out, "heads I win, tails you lose" situation.
The cop in front of you decides what's nervousness or not.
Nervous ? Straight to jail
Laughing ? Straight to jail
Laughing nervously ? Guess what, straight to jail
Yowza.
There really needs to be oversight and review on behavior like this. Someone could've nipped Smart in the bud, he'd been treating people this way for a while by the time he got caught.
Well under trail, that officer needs to name names and get those other officers on the defendant list.
I don't think it's pay related.
If someone asked me that question in an interview that would be a red flag for me.
It's a random classifier because it doesn't correlate in any way to any possible thing they could be doing as part of their job.
It's a magnet for potential bias because it's super-easy for the interviewer to deceive themselves into thinking they are gaining some insight about the candidate while they are actually just projecting their own feeling about whether they like the candidate or not.
Interviews can be stressful for interviewees. It might be tempting take it the opportunity to perform nonconsensual psychological experiments but just be kind and professional.
EDIT: In all seriousness, anyone have an idea of _what_ they're thinking when they ask this? I don't get it, at all. Yes it's a horrible interview question, but...what do they even think they're getting out of it?