Am I free to leave now, officer?

[ArtP]

I've read this phrase many times over the years and had the opportunity to use it the other day.

I won't go into details about the stop but I will say a small disagreement ensued and at a certain point I felt harassed and suddenly those words came out of my mouth, almost as if on que - Officer, am I free to leave now?

As soon as I asked the question the officer immediately rolled his eyes in obvious frustration, as if he's heard this before, and said I was indeed free to leave, but immediately followed with another question meant to keep me there. The follow up question was innocent and fair and, I believe, meant to invoke this humans polite demeanor - to stay and answer the question, instead of ignoring the question and rudely leaving the scene (which I did).

I did have an unloaded long gun in the car and I allowed a flashlight to be show into my eyes, apparently to test for methamphetamine. Because my appearance and car looked "normal" and I certainly wasn't on drugs this was an obvious fishing expedition that I wanted no part of.

It's pretty empowering to know my rights and what I'm legally obligated to tolerate and not. Thanks to all who have posted legal information over the years!

 

[TexasRifleman]

Yes it's hard to not be polite after being taught that all our lives, but sometimes you just have to be rude.

Glad it ended well.

 

[4thPointOfContact]

- Thumb's Up -

 

[HankB]

Thumbs up indeed.

You were not rude in leaving, HE was rude in keeping you there for no good reason.

I'm going to file your experience away in my memory so I can pull it out at an appropriate time if I ever have an encounter with law enforcement that I don't want to continue . . .

 

[Milamber]

That would have got you a trip to the "Perry Hilton" and a misdemeanor obstruction of an officer in Houston County Ga. It's very much a "yes sir, no sir" county. Leaving before instructed to do so will cost you. I was held at a road block for 45 minutes because I looked drunk. This was at five in the afternoon on my way to my next client. They didn't breathalyse or even let me out of the truck. If I had argued in any way I would have got a ride in a Crown Vic. Legal or not. This is still the south.

 

[azgun]

Everyone has their limits. I notice, that some cops just pull u over and will continue to push until u slip up. But if ur not being issued a ticket or are arrested u can leave whenever u want

 

[Milamber]

Be very careful in Ga. Don't push your luck or you will find yourself in front of the judge.

 

[Sam1911]

...Don't push your luck or you will find yourself in front of the judge.

Saying what, exactly?

"I asked if I was free to leave...he said 'Yes.' So, I left."

If the officer says, "No," then stay put. If he tells you you can leave, then GO. I don't buy that if you're in the South you'd better stick around just in case he didn't mean it.

 

[Milamber]

What I meant was don't ask to leave. Leave only when told to do so. Knowing your rights and being right doesn't protect you from the "fat belly cop" who doesn't like your haircut.

 

[Sam1911]

Guess you've got to play it like you see it. I still feel that politeness and a firm, professional demeanor that expresses that you know your rights and won't willingly abrogate them, leaves an officer little room to "fish" or bully. Bad things certainly do happen to good people, though. Standing your ground, however politely, may not end pleasantly for you in all cases.

It is good to see that it can, though. Good on 'ye Art!

 

[ArtP]

Yes it's hard to not be polite after being taught that all our lives, but sometimes you just have to be rude.

As you pointed out, most of us are taught to respect authority and to generally be polite to strangers. It did go against my nature to see the situation for what it was and invoke what I'd learned.

That would have got you a trip to the "Perry Hilton" and a misdemeanor obstruction of an officer in Houston County Ga.

I hope I did not come across as one of those who thinks if I do everything right, it's impossible I'd be arrested. In the back of my mind I do know that ulitimately, it's my word against the officer, and I could indeed get hauled away only to have no charges filed. I don't know for sure, but I'd bet it's a common occurance to get hauled away - without legal justification - only to be released without charge. This as a way a LEO can teach a lesson.

I'm going to file your experience away in my memory so I can pull it out at an appropriate time if I ever have an encounter with law enforcement that I don't want to continue . . .

That's exactly what I had done, filed away all the experiences I had read about. I was a little amused at myself that the question to the officer popped out with little thought. Even more amused at his response.

 

[Sam1911]

It is good to know, in your specific jurisdiction as well as federally/Constitutionally, what exactly an officer is entitled to ask and what you are compelled to answer.

Then it is good to understand a little about law enforcement tactics which encourage an officer to go quite a bit farther and see just what you might be willing to say, out of politeness or because you didn't know you had a choice. If traffic stops and other LEO encounters were magically limited to strictly what is legally required, they'd be a lot shorter, and there would be a LOT fewer arrests. Many officers will tell you they meet a fair number of folks who end up arresting themselves 'cause they just keep talking, opening doors and sharing things they really aught to have kept to themselves. Don't be that guy.

A citizen is perfectly within his/her rights to ask that they either be cited, arrested, or released. If you think you can sweet talk the officer, or just play nice enough that he won't do his worst, that's a decision you're making and a set of risks you're taking. If you cut the interview short, you'll probably get the ticket, but you won't be subject to the "fishing expedition."

 

[Gottahaveone]

That would have got you a trip to the "Perry Hilton" and a misdemeanor obstruction of an officer in Houston County Ga. It's very much a "yes sir, no sir" county.

How can I put this....No, I better not say that. Centerville (right smack in the center of Houston Co, Ga) is my home town and has been sense 1961. All of my family still live there and I am frequently back home visiting.

I don't know where you got your opinions from, but there are no "Fat Bellied Southern cops" just frothing at the mouth for the chance to toss you in jail. Thanks for trying to further the old stereotypes of the South.

Ya'll come back now, you hear?

 

[Deanimator]

What I meant was don't ask to leave. Leave only when told to do so.

...or WHAT? He'll make me a successful plaintiff in a 1983 Federal civil rights lawsuit?

It is EXTREMELY important to ask "Am I free to leave?"

If the answer is "yes", you get to leave.

If the answer is "no", your very next words should be, "Then officer, I have nothing further to say without my attorney present." Then you should SHUT UP until your lawyer shows up, wherever you finally end up.

That question creates an official "fish or cut bait" moment for the cop. He knows now that he's not dealing with a rube or a sucker. Go ahead and falsely arrest or detain me. He'll be doing it on audio (streamed to the internet). See how that works out for him.

 

[Milamber]

Hey I got it from the song along with "don't trust no southern lawyer". I am afraid my personal experience of HOCO is not good. It's a base town and a lot of cops there treat it like your still on base. I don't live there anymore. I have clients who are LEO for local departments and have met many fine individual LEO outside of HOCO but none in it. Actually as I type this I do know two HOCO LEO who are fine officers. Before you ask I have no axe to grind. Any trouble I got into was my own fault.

 

[ArtP]

That question creates an official "fish or cut bait" moment for the cop.

That's exactly what was going through my head - "shat or get off the pot". Further, he knew it too, which is why he made no attempt to hide his frustration with eye's rolling and head doing a full motion back and to the side - I can still see it.

I'd be lying if I didn't mention that all of this was a little gratifying.

 

[Inebriated]

I'm glad I haven't dealt with any police like that... being 20, it's much harder to get out of these things by simply knowing the law. If you say you know your rights, you're a brat, and undermined. If you don't say anything, they'll do all they can to you. I know, because I've seen both instances. Luckily though, I have personally only had positive (well... as positive as traffic stops get) experiences with police in my area.

 

[ArtP]

I'm glad I haven't dealt with any police like that... being 20, it's much harder to get out of these things by simply knowing the law. If you say you know your rights, you're a brat, and undermined. If you don't say anything, they'll do all they can to you. I know, because I've seen both instances. Luckily though, I have personally only had positive (well... as positive as traffic stops get) experiences with police in my area.

I have to disagree in a respectful way. I have a 21 year old son. My son is not an ideal citizen who follows all rules. Okay, he smokes weed. (but he has a job and pays his rent). (any negative comment about his behavior can be PM'd to me)

I've been over some of these rules with him; you don' talk and you don't consent to searches. On his way back from a long road trip he stopped in the parking lot of a convenience store for some sleep. Cops were called and they did question him and ask to search his car. He repeatedly told them "no" as they wouldn't accept "no" the first or second time. The cops were two young guys and they kept saying "their supervising officer" demanded that they search all cars and could they please have permission to search his. Could my son please comply so they could claim they had done their jobs.

Of course these cops were more amateur. But the point is, at 21, they cut him loose without a search.

 

[Mainsail]

What I meant was don't ask to leave. Leave only when told to do so. Knowing your rights and being right doesn't protect you from the "fat belly cop" who doesn't like your haircut.

Wow, you're really off to a good start!

I had a Tacoma PD officer that if he EVER heard about me openly carrying my pistol that he would personally take the call and seize my firearm, telling me that I would only get it back from a judge. Fast forward and the local museum called to report me for open carry and he showed up, demanding my ID and CPL. I gave him neither. I asked if I was free to leave and ofter some hemming and hawing, he said yes. So I walked away.

While riding my bike in the park another Tacoma PD officer stopped me and demanded my ID and CPL for open carry. I asked if I was being detained and when he said no, I rode away.

I could go on, but you get the point.

 

[sig220mw]

I was recently stopped by a Texas DPS state trooper. I was on my way to the gun range with my 23 year old son. I had 2 handguns and 3 rifles in the back seat. I have a Texas carry permit. Traffic was stopped along IH-20 in the west bound lane, so I drove on the shoulder of the road to my exit. Big no-no. He walked out in front of me and waved me down. I parked got out with my driver's license in my hand and forgot about bringing my permit with me. We talked in his car and I apolagized for being stupid. He laughed about it and then ran my license. He looks at me and says "Do you have a CHL?"
I said "Oh yeah, I sure do but I left it in my wallet back in the car". I then told him about the 5 guns I had in the back seat and that we were going to the range. He indicated that he knew what range I was talking about and to go on and not pass anyone on the shoulder again. I said ok and thanked him for not giving me a ticket. I haven't gotten a ticket now in about 17 years. Boy, I sure used to get them back in my younger, wilder single days. I had a heavier foot then.

 

[ArtP]

I think there is a time and place to be cooperative beyond obligation and your story lends credit to that. I've had similar instances where my cooperation beyond my obligation turned a situation good and avoided a citation and/or escalation. All drove off happy.

The situation I mentioned in my OP had gotten out-of-hand and found me listening to requests that went beyond reasonable. I didn't want to get into details, but at one point he started making unreasonable requests and demands which prompted the, "am I free to go" question. IMO he simply overstepped his bounds and through what others have shared, I learned what to say and how to behave. "Others" include Navy LCDR (member), I have read some of his thoughts and find them invaluable.

 

[BCC]

I don't get the attitude.

When stopped, I'm polite, open and honest. They do their business and I leave and do mine.

 

[ArtP]

I don't get the attitude.

When stopped, I'm polite, open and honest. They do their business and I leave and do mine.

I dunno, maybe you're lucky.

When I was in my early 20's I hired a babysitter to watch the kids while my wife and I went to Reno. "shots fired" next door and when my babysitter went out to see, she wound up with a foot in her back and a gun to her head. This was not done by a criminal element, but the local PD.

It turns out my plates, from a car left in the driveway at my home, in the state of California, led officers to know that I was a gun owner and they weren't taking "any chances".

The cops went overboard and waffle-stomped my babysitter.

Know your rights and know when to cooperate - know when to excersize your rights afforded in the BOR. Common sense is in order.

 

[Sebastian the Ibis]

Yes it's hard to not be polite after being taught that all our lives, but sometimes you just have to be rude.

Most normal polite conversation is all about beating around the bush. We say "Excuse me, do you know how to get to Sesame street?" not " Tell me how to get to Sesame street." It is difficult for people under stress to stop beating around the bush, however that's all you need to do here.

That would have got you a trip to the "Perry Hilton" and a misdemeanor obstruction of an officer in Houston County Ga.

There is absolutely nothing you can do to prevent a cop from proning you out on a busy highway on a rainy day and hauling you to jail in pink handcuffs if he is so inclined. You have absolutely no rights that will be adjudicated on the side of the road. You just need to accept that this could/will happen if he wants it too. Cops try to intimidate you with this to get you to confess to something: speeding, illegal u-turn, dui, possession of burglary tools, whatever. The sooner you clearly unequivocally and definitely say " Am I free to go?" and if necessary "Then I refuse to answer any questions, and I demand to speak with my attorney," then the sooner the cop is going to realize that he can't get you with his usual confession song and dance and it is probably easier to pull over someone else. If he's got nothing on you he realizes he is not going to get it and he will cut you loose, if he does - you are screwed anyways.

That being said, there is no reason to say something like "Whaddya mean I can't speed through Georgia Officer? General Sherman did it."

 

[Owen Sparks]

If the cops ask for permission to search your vehicle it means that they do not have probable cause. One standard trick is to ask a "double question" such as:

You don't have anything illegal in here do you, mind if I look?

Most people are afraid to say no because it makes them look guilty. The truth is that if they had probable cause they would not even ask. Then again they can always pull the old "I smell pot" routine and search your car anyway but if you are clean cut and over 40 they probly won't.