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What do you do if a cop approaches you and starts questioning you while you're sitting in your car in a public parking lot? (lemmy.world)

submitted 10 months ago by rebarrrrrrr@lemmy.world to c/asklemmy@lemmy.world

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Unfortunately, I drive a ghetto minivan which causes the police to profile me and has caused people in small towns to call the police on me if I am in a public park or in their neighborhood. I even had someone call the police on me at campground that I had pre-paid for and the police were not sympathetic at all to my right to just exist.

I am aware of stop and identify laws and know that a cop needs reasonable suspicion to demand to see your ID. However, can't the cop just make up some lies about reasonable suspicion?

If a cop approaches me can I immediately start with: "Officer, do you have reasonable suspicion that a crime has occurred, is in the process of occurring, or is about to occur?" It seems like that will immediately escalate things even if technically the law is on my side.

I just want a damn right to exist law and to not be a target for an overactive imagination by the police which treats me like a criminal until they can check me for warrants.

Honestly, I want to tell them to fuck off right away but I also don't have money for a lawyer.

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[-] RaoulDook@lemmy.world 2 points 10 months ago

The only thing that really matters is if you are driving or not. So if the vehicle is turned off and the keys are out of the ignition, you are not a driver. Therefore they cannot issue any moving violations or any similar driving related citations. Unless you are illegally parked, that's another issue.

If they are already approaching you, and you jump out of the car, that would look automatically suspicious to the suspicion-filled pig brain. So if you want to get out just do that before they approach.

[-] brygphilomena@lemmy.world 9 points 10 months ago

Nah, if you are in control of the vehicle. Meaning if you have the keys and the ability to turn it on and drive. Sleeping drunk in a vehicle can get you a DUI even if the car is off and you're parked.

[-] agent_flounder@lemmy.world 7 points 10 months ago

Seems to me you can be charged with DUI if you're drunk and in a car regardless of whether the keys are in it or not?

[-] RaoulDook@lemmy.world -2 points 10 months ago

I don't think so

[-] ShepherdPie@midwest.social 4 points 10 months ago

It depends on the location and local laws, but even then cops can charge you with whatever they want. Whether those charges hold up in court is another story.

[-] ShepherdPie@midwest.social 4 points 10 months ago

Correct. This is no different than if my friend gives me a ride and runs into a store to buy something while I stay in the car. It's not a traffic stop so police can't just demand that I give them papers and prove the car is legally allowed to be on the road because we're not on the road.

this post was submitted on 05 Feb 2024

222 points (96.6% liked)

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