Rules Of Engagement – The List

One strange method cops use to turn a simple traffic stop into a warrantless search is something I call “The List.” Sometimes an officer will deploy this, in attempting to inflate their authority while conducting the traffic stop. Usually, more legally aware cops will wait until the traffic stop has run its course and you are good to go. Then they attempt to run this game under the guise of a “voluntary contact” by starting it with asking if you would answer a question.

When this occurs, re-verify you are free to go. The cop will persist. So simply say you are not interested in any extra steps. This is also your cue to get back into your car and put on your seat belt. If you are in your car this would be a good time to roll your window up to indicate you are done talking. The ethical cop will walk away at this point.

How They Use The List To Search

What the officer is trying to do is hit you with a rapid succession of loaded questions about the contents of your car. They then believe that they can detect involuntary tells that they think is sufficient cause to search your car. The cop then presumes the extra authority to perform a search for either the thing you said yes to or search to prove your no answer wrong. There is no safe answer to this question and the good news is, you don’t have to answer. But you do need to respond in a way that asserts your rights.

The questions go like this:
Are there any guns in the car?
How about explosives?
Do you have any marijuana on you?
Is there any heroin in your car?
… repeats question with each drug he can think of…
Are there any large sums of cash?
Have you ever been arrested?
…ad infinitum…
This list can go on a long time. Stop it by repeatedly saying “What does that have to do with why you pulled me over?” and “I’m not interested in your non-sequitur questions.” Non-sequitur questions are questions that don’t relate to, or follow from, the reason why you have been stopped. You can’t be pulled over just to interrogated.

The Cop’s End Game

This is the game that the cop is trying to run on you. They use the list to search your car. It is an attempt to manufacture probable cause for a search based on subjective verbal and non-verbal behavior. It is also an attempt to put you in a position where you either admit guilt which will justify an inventory search or lie and get charged with obstruction after they use your answer as the excuse to search to prove you lied and find contraband. Of course, if the cops find anything bad that they forgot to include on the list, it’s easy to correct that discrepancy in the police incident report. They will say that it was asked with a note that the suspect reacted to the unasked question. The only way to avoid this entrapment is to not engage in the conversation, after all it’s a voluntary contact. You always have the right to terminate a voluntary contact.

If enough of us stand up and resist this unethical, unreasonable police questioning to invent cause for search, they will abandon the practice.

 

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