Do I have to roll down my window?

Do I have to roll down my window during a traffic stop?

Here's a legal question for you:

• If an officer does a traffic stop on me for a civil violation, can I:
  1. Refuse to exit my car.
  2. Keep my driver's side window rolled up and
  3. Press my driver's license against the window (so the officer can read it)?
  4. And if he wants to ticket me, then just barely open my window to allow him to slip a citation into my car for me to sign and return?

Can an officer arrest me for doing that?

No, an officer can't arrest you for doing that, based on the information you've provided. If the officer wants to enter your car, then he'll either need probable cause or a search warrant; and if the officer wants you to exit your car (and if you refuse), then he'll either need probable cause for a criminal violation or he'll need to get an arrest warrant.

It's important for you to specifically ask the officer if you're under arrest and, if he says "no," then you can continue to keep your car doors locked and can continue to just press your driver's license up against the window. There is nothing that the officer can do to you, except maybe write you for the civil infraction that you were originally pulled over for.

Do I have to roll down my window during a traffic stop?

Here's a legal question for you:

• If an officer does a traffic stop on me for a civil violation, can I:
  1. Refuse to exit my car.
  2. Keep my driver's side window rolled up and
  3. Press my driver's license against the window (so the officer can read it)?
  4. And if he wants to ticket me, then just barely open my window to allow him to slip a citation into my car for me to sign and return?

Can an officer arrest me for doing that?

I hope all the tickets you'll get and vehicle inspection will be worth the disrespect to the officer/trooper that pulls you over. Just about everything is illegal in Florida when it comes to traffic, so make sure you have all your P's and Q's in order. I get issued 75 tickets at a time and the companion button works well... good luck

I don't know.....
Has the officer's training and experience taught him the safest way to conduct business is to have the violator exit the vehicle and conduct that business on the side of the road? Walking along side the car is extremely dangerous and gives a tactical advantage to the violator. At least I believe so. SO.. I would say if you refuse to exit the vehicle it causes the officer to react higher on the use of force matrix to protect his/her own life. I think I could testify to a jury that I had a reasonable cause to have the violator exit the vehicle and his refusal to do so is a violation of obeying a lawful command. So the answer would be I would arrest for such an incident and let the attorneys argue it.

BUT why would a law abiding citizen only interested in the common good of their community and country want to try to cause such an issue here or in real life? If you have an issue with an officer there are avenues to ensure his professionalism if your problem is with law enforcement then maybe you need to look at yourself as the problem.

[deltav]

No, an officer can't arrest you for doing that, based on the information you've provided. If the officer wants to enter your car, then he'll either need probable cause or a search warrant; and if the officer wants you to exit your car (and if you refuse), then he'll either need probable cause for a criminal violation or he'll need to get an arrest warrant.

It's important for you to specifically ask the officer if you're under arrest and, if he says "no," then you can continue to keep your car doors locked and can continue to just press your driver's license up against the window. There is nothing that the officer can do to you, except maybe write you for the civil infraction that you were originally pulled over for.

Attorney-at law,

Maybe you should check your case law. If I remember correctly, case law allows an officer to require occupants to exit the vehicle for officer safety reasons.

While one could argue the validity of the request later in court, refusing to obey an officer's commands can be deemed a crime and appropriate measures could be taken to remove the occupant from the vehicle.

Why would anyone suggest a motorist take it this far?

Officers face a multitude of dangers in traffic stops. This ranges from being struck by oncoming traffic to being shot.

Why act in a manner that will make the officer believe that something is wrong and escalate the situation?

This is a for real question and not trying to be funny. I always wanted to know that when you get stopped in Florida for a traffic offense, are you allowed to exit your vehicle, or must you remain in your car unless the officer asks you to get out.

[deltav]

This is a for real question and not trying to be funny. I always wanted to know that when you get stopped in Florida for a traffic offense, are you allowed to exit your vehicle, or must you remain in your car unless the officer asks you to get out.

The officer can also require you to remain in your vehicle as well. It's basically a judgment call as to what the officer thinks is best for the situation at hand.

thanks

I'm putting you in jail and your attorney can argue the rest later.

I don't know.....
Has the officer's training and experience taught him the safest way to conduct business is to have the violator exit the vehicle and conduct that business on the side of the road? Walking along side the car is extremely dangerous and gives a tactical advantage to the violator. At least I believe so. SO.. I would say if you refuse to exit the vehicle it causes the officer to react higher on the use of force matrix to protect his/her own life. I think I could testify to a jury that I had a reasonable cause to have the violator exit the vehicle and his refusal to do so is a violation of obeying a lawful command. So the answer would be I would arrest for such an incident and let the attorneys argue it.

BUT why would a law abiding citizen only interested in the common good of their community and country want to try to cause such an issue here or in real life? If you have an issue with an officer there are avenues to ensure his professionalism if your problem is with law enforcement then maybe you need to look at yourself as the problem.

You're skirting the issue. If the driver has only committed a civil infraction and if he:
1. refuses to roll down his window
2. presses his licenses up against the window for you to read it
3. and specifically asks you if he's under arrest

If you're answer is "no, you're not under arrest," then the officer has to make an on-the-spot decision: "Can I legally order him out of the vehicle if all he's done is commit a civil infraction?" The answer is a resounding "no."

For your safety, the motorist can also press his license up against the passenger side of the window so that you don't have to stand in the roadway.

Regarding your heightened sense of alert (since the dirver refuses to roll down his window) -- that's understandable, but you're still governed by the laws of the state of Florida and not by your intuition. You cannot make a warrentless entry into a vehicle based solely on "officer intuition." You must have reasonable suspicion to continue the detention and you must have probably cause (or a warrant) to enter the vehicle and you must have a criminal violation or a warrant to arrest a motorist who refuses to exit his vehicle. There is no justification for making a misdemeanor arrest for obstruction of a civil traffic violator who is willing to produce his "papers" for you to read.

New officers don't like to hear this, but that's Florida law. Older officers already understand that they are restricted by state law as well as court case precedence.