Can you be dragged out your car when stopped by plod.
Can you be dragged out your car when stopped by plod.
Author
Discussion

Yung Man

Original Poster:

737 posts

236 months

Friday 18th January 2008
quotequote all
Moving on from a previous thread, I worked for a security firm many years ago and we were told if stopped by what appeared to be a policeman in a police car we were allowed to tell the police person "I am prepared to follow you to the nearest police station".
My question is. Do you have to get out of your car when stopped by the police or do you have the right to stay put and talk to them through the window (giving your name and address only), does he have to arrest you to take it further.
The way I understand it is your don't have to accompany him anywhere unless he arrests you.

vonhosen

40,597 posts

248 months

Friday 18th January 2008
quotequote all
Yung Man said:
Moving on from a previous thread, I worked for a security firm many years ago and we were told if stopped by what appeared to be a policeman in a police car we were allowed to tell the police person "I am prepared to follow you to the nearest police station".
My question is. Do you have to get out of your car when stopped by the police or do you have the right to stay put and talk to them through the window (giving your name and address only), does he have to arrest you to take it further.
The way I understand it is your don't have to accompany him anywhere unless he arrests you.
Well it all depends, he can detain you etc without arresting you in order to search you (for instance).

FishFace

3,790 posts

239 months

Friday 18th January 2008
quotequote all
Yung Man said:
Moving on from a previous thread, I worked for a security firm many years ago and we were told if stopped by what appeared to be a policeman in a police car we were allowed to tell the police person "I am prepared to follow you to the nearest police station".
My question is. Do you have to get out of your car when stopped by the police or do you have the right to stay put and talk to them through the window (giving your name and address only), does he have to arrest you to take it further.
The way I understand it is your don't have to accompany him anywhere unless he arrests you.
You don't have to do a great deal. There are certain obligations such as you must stop if required to do so. After that you're not obligated to get out of your car, turn it off, speak at all, wind your windows down or even acknowledge the officer.

Such actions are likely to see force used upon you though.


carrotchomper

18,331 posts

235 months

Friday 18th January 2008
quotequote all
FishFace said:
Yung Man said:
Moving on from a previous thread, I worked for a security firm many years ago and we were told if stopped by what appeared to be a policeman in a police car we were allowed to tell the police person "I am prepared to follow you to the nearest police station".
My question is. Do you have to get out of your car when stopped by the police or do you have the right to stay put and talk to them through the window (giving your name and address only), does he have to arrest you to take it further.
The way I understand it is your don't have to accompany him anywhere unless he arrests you.
You don't have to do a great deal. There are certain obligations such as you must stop if required to do so. After that you're not obligated to get out of your car, turn it off, speak at all, wind your windows down or even acknowledge the officer.

Such actions are likely to see force used upon you though.

Of course... If you are not prepared to give details then you will be arrested. By force if necessary.

Brett928S2

1,504 posts

246 months

Friday 18th January 2008
quotequote all
Hi smile

So you are saying that as long as you STOP...then wind window down an inch to give your details thats it ??

You do not have to leave the car if asked to do so ?

You cannot be TOLD to get out ?

How would that work if they wanted you to blow in a breathalyser ? Do they have to pass it through the inch gap in the window ?

I realise none of the above is sensible, particularly if you have nothing to worry about but these questions are about what you are legally required to do or not do..........

All the best Brett smile

Jasandjules

72,683 posts

260 months

Friday 18th January 2008
quotequote all
Brett928S2 said:
Hi smile

So you are saying that as long as you STOP...then wind window down an inch to give your details thats it ??

You do not have to leave the car if asked to do so ?

You cannot be TOLD to get out ?

How would that work if they wanted you to blow in a breathalyser ? Do they have to pass it through the inch gap in the window ?

I realise none of the above is sensible, particularly if you have nothing to worry about but these questions are about what you are legally required to do or not do..........

All the best Brett smile
Depends on your reasoning. If you think they are fake plod then you can request a sarge or someone else to turn up IIRC..

Chrispy Porker

17,755 posts

259 months

Friday 18th January 2008
quotequote all
Brett928S2 said:
Hi smile

So you are saying that as long as you STOP...then wind window down an inch to give your details thats it ??

You do not have to leave the car if asked to do so ?

You cannot be TOLD to get out ?

How would that work if they wanted you to blow in a breathalyser ? Do they have to pass it through the inch gap in the window ?

I realise none of the above is sensible, particularly if you have nothing to worry about but these questions are about what you are legally required to do or not do..........

All the best Brett smile
If you don't follow the instructions given by the officer in relation to the breath test, that is a refusal and/or a failure. You will then be arrested.
I have smashed a car window with a pick axe handle to extract a driver who refused a breath test, for example.

John57

1,870 posts

259 months

Friday 18th January 2008
quotequote all
If someone won't get out of the car or only winds the window down by an inch you would start to wonder why they are behaving in a different manner to most 'normal' reasonable people - particularly if you are polite and reasonable with them.... irrespective of what the law is or requires - how do their actions compare to what a 'normal' person would expect them to do ?

I would suggest that it *may* make you suspect they have been drinking. You require a breath test and if they don't fully comply they get arrested by force if necessary, etc, etc.

It may also make me a bit suspicious as to what they have in the car or what they have on them ..... and you can you such force as is reasonable to detain for dearch / search, etc, etc.

I don't think I could manage to hear their details through a small gap in the window ..... if after I explain I can't hear them, etc through the window they still won't get out or wind the window down they may get arrested for failing to give me their name, etc, etc.


In reality though most situations are easily dealt with and in 17+ years I have never had anyone refuse to get out of a car once I have spoken to them and explained what exactly I have stopped them for ..... The law may not specifically require you to get out but, depending on individual circumstances, not doing so *may* lead on to other things as I have tried to show. Equally, in p*ssing down rain Mr or Mrs reasonable pulled over for a minor indiscretion may have a good reason not to want to get out smile

Brett928S2

1,504 posts

246 months

Friday 18th January 2008
quotequote all
John57 said:
If someone won't get out of the car or only winds the window down by an inch you would start to wonder why they are behaving in a different manner to most 'normal' reasonable people - particularly if you are polite and reasonable with them.... irrespective of what the law is or requires - how do their actions compare to what a 'normal' person would expect them to do ?

I would suggest that it *may* make you suspect they have been drinking. You require a breath test and if they don't fully comply they get arrested by force if necessary, etc, etc.

It may also make me a bit suspicious as to what they have in the car or what they have on them ..... and you can you such force as is reasonable to detain for dearch / search, etc, etc.

I don't think I could manage to hear their details through a small gap in the window ..... if after I explIain I can't hear them, etc through the window they still won't get out or wind the window down they may get arrested for failing to give me their name, etc, etc.


In reality though most situations are easily dealt with and in 17+ years I have never had anyone refuse to get out of a car once I have spoken to them and explained what exactly I have stopped them for ..... The law may not specifically require you to get out but, depending on individual circumstances, not doing so *may* lead on to other things as I have tried to show. Equally, in p*ssing down rain Mr or Mrs reasonable pulled over for a minor indiscretion may have a good reason not to want to get out smile
Hi smile

I understand all that but....what MUST i legally do or not do is the question.....

Example....if you stopped me....and I wind down the window a couple of inches and refuse to get out....you say you cannot hear my details etc....so you smash my Porsche window....

Then you ask me to take a breathalyser....which I do....now as I don't drink, I will pass it...

Then who pays the hundreds of pounds for my window ?

I would obviously want the window paying for and if you said you couldn't hear my details, I would ask when The BIB started employing people with hearing problems...you would then say you "suspected" I had been drinking, but as I had just passed the B test, you were wrong....

The point here is...and I think the various officers who have replied to this thread are avoiding the question is...

What must I legally DO or NOT do....???

In real life by the way, if stopped I get out instantly,alarm and lock my car (remote) walk to the Police car and wait for the officer to get out for a chat....
Its the way I was trained to handle that particular situation as it puts you on a psychological equal footing to the officer, and stood me in good stead over the years...

I am still interested in a precise answer though to the above?

All the best Brett smile

vonhosen

40,597 posts

248 months

Friday 18th January 2008
quotequote all
Brett928S2 said:
John57 said:
If someone won't get out of the car or only winds the window down by an inch you would start to wonder why they are behaving in a different manner to most 'normal' reasonable people - particularly if you are polite and reasonable with them.... irrespective of what the law is or requires - how do their actions compare to what a 'normal' person would expect them to do ?

I would suggest that it *may* make you suspect they have been drinking. You require a breath test and if they don't fully comply they get arrested by force if necessary, etc, etc.

It may also make me a bit suspicious as to what they have in the car or what they have on them ..... and you can you such force as is reasonable to detain for dearch / search, etc, etc.

I don't think I could manage to hear their details through a small gap in the window ..... if after I explIain I can't hear them, etc through the window they still won't get out or wind the window down they may get arrested for failing to give me their name, etc, etc.


In reality though most situations are easily dealt with and in 17+ years I have never had anyone refuse to get out of a car once I have spoken to them and explained what exactly I have stopped them for ..... The law may not specifically require you to get out but, depending on individual circumstances, not doing so *may* lead on to other things as I have tried to show. Equally, in p*ssing down rain Mr or Mrs reasonable pulled over for a minor indiscretion may have a good reason not to want to get out smile
Hi smile

I understand all that but....what MUST i legally do or not do is the question.....

Example....if you stopped me....and I wind down the window a couple of inches and refuse to get out....you say you cannot hear my details etc....so you smash my Porsche window....

Then you ask me to take a breathalyser....which I do....now as I don't drink, I will pass it...

Then who pays the hundreds of pounds for my window ?

I would obviously want the window paying for and if you said you couldn't hear my details, I would ask when The BIB started employing people with hearing problems...you would then say you "suspected" I had been drinking, but as I had just passed the B test, you were wrong....

The point here is...and I think the various officers who have replied to this thread are avoiding the question is...

What must I legally DO or NOT do....???

In real life by the way, if stopped I get out instantly,alarm and lock my car (remote) walk to the Police car and wait for the officer to get out for a chat....
Its the way I was trained to handle that particular situation as it puts you on a psychological equal footing to the officer, and stood me in good stead over the years...

I am still interested in a precise answer though to the above?

All the best Brett smile
It depends on the power they are using as to what you must do in order to comply with it.

Brett928S2

1,504 posts

246 months

Friday 18th January 2008
quotequote all
vonhosen said:
Brett928S2 said:
John57 said:
If someone won't get out of the car or only winds the window down by an inch you would start to wonder why they are behaving in a different manner to most 'normal' reasonable people - particularly if you are polite and reasonable with them.... irrespective of what the law is or requires - how do their actions compare to what a 'normal' person would expect them to do ?

I would suggest that it *may* make you suspect they have been drinking. You require a breath test and if they don't fully comply they get arrested by force if necessary, etc, etc.

It may also make me a bit suspicious as to what they have in the car or what they have on them ..... and you can you such force as is reasonable to detain for dearch / search, etc, etc.

I don't think I could manage to hear their details through a small gap in the window ..... if after I explIain I can't hear them, etc through the window they still won't get out or wind the window down they may get arrested for failing to give me their name, etc, etc.


In reality though most situations are easily dealt with and in 17+ years I have never had anyone refuse to get out of a car once I have spoken to them and explained what exactly I have stopped them for ..... The law may not specifically require you to get out but, depending on individual circumstances, not doing so *may* lead on to other things as I have tried to show. Equally, in p*ssing down rain Mr or Mrs reasonable pulled over for a minor indiscretion may have a good reason not to want to get out smile
Hi smile

I understand all that but....what MUST i legally do or not do is the question.....

Example....if you stopped me....and I wind down the window a couple of inches and refuse to get out....you say you cannot hear my details etc....so you smash my Porsche window....

Then you ask me to take a breathalyser....which I do....now as I don't drink, I will pass it...

Then who pays the hundreds of pounds for my window ?

I would obviously want the window paying for and if you said you couldn't hear my details, I would ask when The BIB started employing people with hearing problems...you would then say you "suspected" I had been drinking, but as I had just passed the B test, you were wrong....

The point here is...and I think the various officers who have replied to this thread are avoiding the question is...

What must I legally DO or NOT do....???

In real life by the way, if stopped I get out instantly,alarm and lock my car (remote) walk to the Police car and wait for the officer to get out for a chat....
Its the way I was trained to handle that particular situation as it puts you on a psychological equal footing to the officer, and stood me in good stead over the years...

I am still interested in a precise answer though to the above?

All the best Brett smile
It depends on the power they are using as to what you must do in order to comply with it.
Hi smile

Another non type answer....

Could you please just answer this...

If a Police officer stops me do I legally have to get out of the car or not ?

All the best Brett smile

vonhosen

40,597 posts

248 months

Friday 18th January 2008
quotequote all
Brett928S2 said:
vonhosen said:
Brett928S2 said:
John57 said:
If someone won't get out of the car or only winds the window down by an inch you would start to wonder why they are behaving in a different manner to most 'normal' reasonable people - particularly if you are polite and reasonable with them.... irrespective of what the law is or requires - how do their actions compare to what a 'normal' person would expect them to do ?

I would suggest that it *may* make you suspect they have been drinking. You require a breath test and if they don't fully comply they get arrested by force if necessary, etc, etc.

It may also make me a bit suspicious as to what they have in the car or what they have on them ..... and you can you such force as is reasonable to detain for dearch / search, etc, etc.

I don't think I could manage to hear their details through a small gap in the window ..... if after I explIain I can't hear them, etc through the window they still won't get out or wind the window down they may get arrested for failing to give me their name, etc, etc.


In reality though most situations are easily dealt with and in 17+ years I have never had anyone refuse to get out of a car once I have spoken to them and explained what exactly I have stopped them for ..... The law may not specifically require you to get out but, depending on individual circumstances, not doing so *may* lead on to other things as I have tried to show. Equally, in p*ssing down rain Mr or Mrs reasonable pulled over for a minor indiscretion may have a good reason not to want to get out smile
Hi smile

I understand all that but....what MUST i legally do or not do is the question.....

Example....if you stopped me....and I wind down the window a couple of inches and refuse to get out....you say you cannot hear my details etc....so you smash my Porsche window....

Then you ask me to take a breathalyser....which I do....now as I don't drink, I will pass it...

Then who pays the hundreds of pounds for my window ?

I would obviously want the window paying for and if you said you couldn't hear my details, I would ask when The BIB started employing people with hearing problems...you would then say you "suspected" I had been drinking, but as I had just passed the B test, you were wrong....

The point here is...and I think the various officers who have replied to this thread are avoiding the question is...

What must I legally DO or NOT do....???

In real life by the way, if stopped I get out instantly,alarm and lock my car (remote) walk to the Police car and wait for the officer to get out for a chat....
Its the way I was trained to handle that particular situation as it puts you on a psychological equal footing to the officer, and stood me in good stead over the years...

I am still interested in a precise answer though to the above?

All the best Brett smile
It depends on the power they are using as to what you must do in order to comply with it.
Hi smile

Another non type answer....

Could you please just answer this...

If a Police officer stops me do I legally have to get out of the car or not ?

All the best Brett smile
It depends on what power he is using.
In some cases no, in others yes.

stackmonkey

5,084 posts

280 months

Friday 18th January 2008
quotequote all
vonhosen said:
It depends on the power they are using as to what you must do in order to comply with it.
So please give some reasonably common, real-life examples such as being pulled for alleged;

speeding,
vehicle fault,
careless/reckless driving,
suspected drink/drug driving,
vehicle matches (but isn't) one used in earlier crime,
and finally 'bib doesn't like look of your car/face but there is no offence committed of any sort'.

bleesh

1,112 posts

285 months

Friday 18th January 2008
quotequote all
Von, how do you, as the stopped driver, KNOW what power is being used to stop you??

vonhosen

40,597 posts

248 months

Friday 18th January 2008
quotequote all
stackmonkey said:
vonhosen said:
It depends on the power they are using as to what you must do in order to comply with it.
So please give some reasonably common, real-life examples such as being pulled for alleged;

speeding,
vehicle fault,
careless/reckless driving,
suspected drink/drug driving,
vehicle matches (but isn't) one used in earlier crime,
and finally 'bib doesn't like look of your car/face but there is no offence committed of any sort'.
It isn't a simple matter of the reason they initially stop you, it's more to do with the reason they want you to get out.


vonhosen

40,597 posts

248 months

Friday 18th January 2008
quotequote all
bleesh said:
Von, how do you, as the stopped driver, KNOW what power is being used to stop you??
You can ask.
But unless you know what the law says in relation to the power quoted, you aren't going to be much wiser in order to make an informed choice of action at that time.

bleesh

1,112 posts

285 months

Friday 18th January 2008
quotequote all
vonhosen said:
bleesh said:
Von, how do you, as the stopped driver, KNOW what power is being used to stop you??
You can ask.
But unless you know what the law says in relation to the power quoted, you aren't going to be much wiser in order to make an informed choice of action at that time.
biggrin

That figures!! Cheers

whoami

13,201 posts

271 months

Friday 18th January 2008
quotequote all
vonhosen said:
bleesh said:
Von, how do you, as the stopped driver, KNOW what power is being used to stop you??
You can ask.
But unless you know what the law says in relation to the power quoted, you aren't going to be much wiser in order to make an informed choice of action at that time.
Jesus rolleyes

Ordinary Bloke

4,559 posts

229 months

Friday 18th January 2008
quotequote all
So, in summary, they either dont know, or they're not going to tell us...

vonhosen

40,597 posts

248 months

Friday 18th January 2008
quotequote all
Ordinary Bloke said:
So, in summary, they either dont know, or they're not going to tell us...
You've had a straight answer. How can we possibly determine here & now what powers any officer stopping you will be using at the time they stop you ?

There is no definitive answer to the simple question do I have to get out or not.