Expert: Jack Toomey - 8/10/2006

Question
Thanks.
I appreciate your answer.
I guess I'm talking about the law.
This question is based on a recent article I've read in our local (small town paper) about an officer that had violated someone civil rights during a routine traffic stop. They didn't explain what that meant except to say something along the lines of 'an officer can't ask questions that imply you need papers to be where you are...' and then something later like 'this kind of behavior on an officer starts to remind you of Germany under Hitler.' Those might not be word for word quotes but that is the gist of the article. I am just wondering what the deal was and didn't understand it.



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Followup To

Question -
I know that there are some types of questions an officer can't ask and that these are related to civil rights. I guess I'm just looking for a basic idea of what these types of questions might be during a routine traffic stop, such as speeding.

You stop someone for speeding, as an example, and you can ask questions about the speeding. Why were you speeding? Where you aware you were speeding? etc.

But you can't ask them other types of questions with out violating civil rights. Is this correct?

What would those types of questions be? What would an example of this be?

I realize there is a whole bunch of case law and laws that govern this issue. I realize there are related issues like searching a vehicle and what you can see when you look in versus permission to search etc. I realize there are many many issues and that a routine traffic stop is not always routine.

I also realize I'm long winded.

Mostly I have been reading about this in the local paper here and I don't really understand the whole issue. I did some searching to see if I could read more but run into the ACLU site that says 'lawyer up' and that doesn't really answer my question.

Does that make sense? Mostly I'm just looking for a quick understanding of what civil rights are in regards to a routine traffic stop.

For example, is it ok to ask someone what are you doing in this area? or where are you going?

I'm not looking for anything in depth or even a list of specific questions. Maybe more along the lines of a generality... If you could just give me a short answer about what types of questions an officer could not ask during a routine traffic stop.

For example, would it be safe to say that officers can not ask questions during a routine traffic stop that might imply they have to have permission to travel in a community.

If you even have a link you can provide to me with the information that would be helpful.
Thanks.



Answer -
  To make a long story short I am not aware of any questions that a police officer cannot ask a motorist besides innapropriate questions and you can probably guess what I mean.

  When you say "can't ask" are you talking about the law or police rules or what?

Answer
   In that case it is probably the culmination of a law suit filed by some motorist who was either detained for a long time or arrested whose experience included an officer asking "what are you doing in this neighborhood" or something like that.  The important thing for you to realize is that there is no law that forbids a police officer to ask a motorist anything in the world.  However an attorney can convince a jury that a motorists civil rights were violated if he can prove that the motorist was denied his right to free access to the roads or travel or however you want to phrase it.  I am sure that the quote from about Germany came from the attorney who took the case and now is counting his money that was gained from the county, town, or state.