What is the law regarding rolling down the window when stopped for a traffic incident?

[Baitball Blogger]

I was under the impression you only had to roll it down partially.

There is video where a local cop broke the window to get to the driver.

UCF police officer shatters student's car window


http://www.orlandosentinel.com/news/local/breakingnews/os-ucf-cop-shattered-window-20130919,0,5983358.story

[furious]

1. There's no law requiring you to roll down your window

during a traffic stop, it's more of a courtesy to the police.
I think that this officer went way overboard and will probably receive a rebuke in his jacket.
DA will probably refuse to file charges against her.

[cui bono]

5. There's probably no law about it but how are you going to sign a ticket? Give your license

and registration?

The article says she wouldn't roll down her window enough "so the officer could have her sign the citation, according to the arrest report." Of course that's according to the arrest report...

Wonder what her side of the story is.

[furious]

9. Article states that she did partially roll down her window to sign the citation,

it was when he attempted to put his arm inside the vehicle to unlock the door that she rolled up the window.

[cui bono]

12. Where does it say that? I'm not seeing it. n/t

[cui bono]

2. I don't know, but if that article is factual then that driver is an idiot.

Why wouldn't they roll down the window enough to sign the ticket? And why would they roll it up when the officer's arm was in the way?

If the article is based on a police report then who knows what really happened.

[furious]

6. She did roll the window down partially to accept the citation for signing,

the officer had no right to reach in to unlock the car, she wasn't being arrested at the time and she was well within her right to roll the window up to prevent him from unlocking the door.

He's probably going to receive a complaint in his jacket and the DA probably won't file any charges.

[cui bono]

8. I don't see where it says that she rolled it down enough.

It's not a very detailed article though and is told from the cop's point of view since it is based on the arrest report. I always take that with a grain of salt.

But my impression of the story is she didn't want to roll down the window for some reason. Perhaps she had smoked pot in the car? I don't know, pure speculation. But it seems odd to me how this escalated over a window being rolled down or not.

[furious]

11. It only takes rolling down the window 2-3" to pass the citation book through for signing.

The officer had no right to put his arm in to attempt to unlock the door, he wasn't arresting her at the time.

[cui bono]

15. You're probably right. I'm taking the article at face value when it says she wouldn't roll it down

enough.

Most likely she didn't do exactly what the officer wanted her to and the officer got upset about it. They do seem to like bossing people around just to do it.

Probably both of them are idiots.

[DonViejo]

19. If she rolled it down only 2 or 3 inches...

how did he get his arm inside?

[furious]

20. I'm not saying that she rolled it down only 2-3",

I'm saying it only takes 2-3" to pass a citation book through for signing.
She obviously had it down enough for him to put his arm in, which was plenty to pass his citation book through for her to sign.

[DonViejo]

21. ahh! Okay, thanks. nt

[lumpy]

43. She was trying to see how far she could go by argumentative and playing dumb. I don't blame

him for trying to do his job with a blathering idiot taunting him.

[Baitball Blogger]

22. There's video.

I asked the question because a civil rights activist filmed himself being stopped and the same issue came up. I just don't know if the state laws vary.

[Mariana]

3. I believe you only have to open it enough

to converse and to pass your DL (and registration or proof of insurance or whatever other documents you're required to have). You're certainly not obligated to make it easier for the cop to look around inside your car.

[furious]

13. That's correct.

[PoliticAverse]

4. Police Officers have the authority to order you to exit your vehicle...

Per a US Supreme Court decision: https://en.wikipedia.org/wiki/Pennsylvania_v._Mimms

https://en.wikipedia.org/wiki/Traffic_stop

[cui bono]

7. But you don't have to roll down a window to get out of a car.

[NCTraveler]

10. Doesn't look like the cop broke the window to get to the driver.

Looks like the cop was sticking his arm in the car to open the door in order to get to the driver. It appears as though she was going to roll it up on his arm when he pulled his arm out forcefully. You can see what appears her moving her hand away from the controls the second the window breaks. You can also tell the officer saw her getting ready to do it by his statement.

The charges are bs.

"The officer pulled King from the car and arrested her on three felony charges — battery on a law enforcement officer, resisting officer with violence and resisting officer without violence."

I can see resisting an officer without violence, not the rest.

[SCUBANOW]

14. You are under arrest.

In Texas when you are stopped, you are under arrest. You sign the citation showing that you will contact the court to take of the ticket. You can go to jail in Texas for a traffic citation without being given the chance to sign the citation.

[Comrade Grumpy]

16. They charged her with THREE FELONIES! for not getting out of her car.

What bogus over-charging!

[msongs]

17. perhaps she feared the cop was a rapist...a legitimate fear for a woman alone when an armed man

attempts to open her car door for NO GOOD REASON OTHERWISE

[Duckhunter935]

27. She still refused

After a female police officer backup unit arrived

[csziggy]

18. In the early 70s I was advised to not open my window all the way to a lone cop

A Polk County Florida Sheriff's Deputy had been pulling over young women, raping them, then threatening to charge them with prostitution if they reported it. Since I often drove alone on back roads, my father and a LE friend of his told me to never leave my vehicle if and officer was alone and to only open my window far enough to pass my license and other documentation out. They also told me that if the officer insisted, that I respond that I would comply once another officer arrived on the scene.

Cases similar to the one that inspired that advice are STILL taking place:
http://losangeles.cbslocal.com/2013/07/30/los-angeles-co-sheriffs-deputy-charged-in-rape-bribery-case/

[MindPilot]

23. Happened here in San Diego too.

A CHP made a habit of pulling young women over late at night and making them follow him to a secluded spot under a bridge where he would have extended conversations. Finally one night, he murdered a young lady named Kara Knott.

After that--at least in CA--when a cop lights you up, it is perfectly OK to continue driving to a well-lit populated area before stopping. And your window only needs to be open enough to talk and pass documents.

[csziggy]

25. I can't count the number of times I've read about this kind of case

COPS should know about them - and know why women are reluctant to open their car windows all the way. Any cop who would do as the one in the OP article needs serious counseling and a new career.

The young woman involved needs a good lawyer to take her case as far as needed to make the point that it is NOT safe for a woman to assume that a man claiming to be a cop may not be safe - even if he is a cop.

[Duckhunter935]

32. Did you see the video?

[BKH70041]

24. I roll down my window and place my hands where they can be seen

I've made it a habit in life not to argue with someone who can shoot me. So far, so good.

[Robb]

46. I put them out the window.

This has afforded police the opportunity to ask whether I learned to drive in Oakland or Los Angeles.

[Kaleva]

26. I need to roll it all the way down to stick my bare ass out.

If an officer is going to take the time to stop me for a traffic violation, I want to make it worthwhile and that involves a beating, being tazered and him or her calling for back up.

[bluestate10]

28. The driver was being a fucking idiot. It should have been clear to her that a cop had stopped

her. She turned an damned simple traffic citation into a resisting arrest charge.

[Duckhunter935]

29. If you look at the video

It was two cops, male and female backup. Both parties were being idiots.

[RedCappedBandit]

31. The cop was being a fucking idiot for demanding she roll the window completely down

and then breaking it and dragging her onto the floor.

[Duckhunter935]

33. and she was also

an idiot for rolling the window up on his fingers

[RedCappedBandit]

34. cop should have handed her the citation and the situation would have never happened

[Duckhunter935]

35. I agree

He could and should of de-escelated this.

[lumpy]

40. She esculated this into a broken window, citations, time in the pokey, she got what she was

working on.

[lumpy]

39. She acted the fool and made no points.

n

[Logical]

47. LOL, read it slower! n-t

[RedCappedBandit]

30. lol, and the authoritarians want us to love and revere the police

[99Forever]

36. Pigs.

They are getting worse all the time.

"Serve and protect" my ass.

[Hippo_Tron]

37. I believe if they ask you roll it down all the way you have to in most jurisdictions

Watch the new "Flex Your Rights" series. They do a good job explaining both how to exercise your rights, and how in very limited circumstances you can make your life easier by being a little more compliant than legally necessary and still avoid incriminating yourself. Rolling down the window all the way is (generally) one of those situations where you're better off complying just to save yourself the hassle.

[Niceguy1]

38. the article doesn't have enough detail

To tell what exactly happened.

One thing is for sure though, she was in the wrong for rolling the window up on his arm....

[lumpy]

41. The guy wanted the window all the way down for a reason. There have been cases where cops

have been injured when car windows have been rolled up on their Hand/arms and driven into traffic. Every officer has to be wary of who they might be dealing with and possibilities of stuff happening.

[Niceguy1]

44. it appears

Thatbit was her fault...I hope she learns from this

[lumpy]

42. There is a video with the article.

[zonkers]

45. There is a great video by the ACLU about how to act during a traffic stop. It is fascinating.

I bet you can find it online. Your local library has it for sure. It is educational to say the least.

[NYC_SKP]

49. The right way video and the wrong way video:

Not ACLU, I'm still looking for those.

[zonkers]

50. Nice skip.

[Boudica the Lyoness]

48. Fucking cops!

They are looking for an excuse to intimidate people.

If you don't show them the reverence, or fear, they think they deserve they make you crawl like an animal on the ground at their feet.