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I though this court's decision was interesting.

The Appeals Court in Idaho decided a man was free to drive away from an officer who knocked on his window (and was found with meth) when the officer knocked on his window to ask him what he was doing. Because the Officer was not blocking his path with either his body or his vehicle, he could have legally driven off and ignored the knock and therefore
avoided the arrest.

I don't think that would fly in Texas. But I think it's an interesting case and I like the logic.

http://www.thenewspaper.com/news/37/3715.asp" onclick="window.open(this.href);return false;

Actually, this sounds pretty reasonable, although I'm not quite sure what happened to his DUI conviction in the end.

An officer may just strike up a conversation with anyone, but they cannot search them without RAS or permission. Some will advocate just walking away without saying anything or asking the officer if they are being detained. As the article said, if the officer is not blocking the car and would not be put at risk by just driving away then it's now different than walking away. All this may be easier said than done, but on paper it looks reasonable.

I don't think that I would have the nerve to test that.

It is my word against the LEO's about what happened.

The guy stated that he had been drinking in the car. If he had driven away, it would have opened him up to a DUI charge. But then, he was charged with that anyway.

if you aren't doing anything illegal, and the cop just wants to question you, then you have every right to ignore the cop, refuse to show ID, refuse to tell him your name, or even what you're doing. you have every right to just drive away.

In Texas you can get arrested for that.

Sec. 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.(b) An offense under this section is a Class A misdemeanor, except that the offense is:(1) a state jail felony if:(A) the actor has been previously convicted under this section; or(B) the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;(2) a felony of the third degree if:(A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.(c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.(d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

Sounds like the officer was attempting to detain the person to ask some questions, and the person drove off.

Just my .02,
LeonCarr

Asking questions is NOT the same as trying to detain someone.

Kythas wrote:The guy stated that he had been drinking in the car. If he had driven away, it would have opened him up to a DUI charge. But then, he was charged with that anyway.

I don't know about Idaho (?) but Montana passed the "no open container law" just a couple of years ago. I would suggest that anyone trying to drive away from a Texas DPS stop lay down a lot of rubber as you leave.

alexrex20 wrote:Asking questions is NOT the same as trying to detain someone.

Let us know how it works out for you when you test this theory next. Don't consider this a personal attack, just my general thoughts on doing it in the first place.

The whole key to this is that you are operating a motor vehicle.

If I am standing in a Donut-shop and an LEO walks up and starts to chat with me, I would feel pretty assured that I can walk away without too much of a problem, though it is likely that I would stay and talk.

While operating a Motor Vehicle, I cannot envision many instances of encountering an LEO where he/she does not have an intent to question/detain or whatever me. The only people that want to chat with me while driving are folks trying to panhandle money from me. I don't think that is the same situation as having an LEO come up to you in your car for no apparent reason.

something tells me, you drive off from a texas cop like that and he will tear off after you and take you down.

Purplehood wrote:

alexrex20 wrote:Asking questions is NOT the same as trying to detain someone.

Let us know how it works out for you when you test this theory next. Don't consider this a personal attack, just my general thoughts on doing it in the first place.

The whole key to this is that you are operating a motor vehicle.

If I am standing in a Donut-shop and an LEO walks up and starts to chat with me, I would feel pretty assured that I can walk away without too much of a problem, though it is likely that I would stay and talk.

While operating a Motor Vehicle, I cannot envision many instances of encountering an LEO where he/she does not have an intent to question/detain or whatever me. The only people that want to chat with me while driving are folks trying to panhandle money from me. I don't think that is the same situation as having an LEO come up to you in your car for no apparent reason.

Don't put words in my mouth. I don't care about your possible scenarios or the likelihood of said scenarios. All I said was you have every right to remain silent (or drive away) if you did nothing wrong.

But true, there aren't many instances where a cop would "question" you without good reason.

One time in Austin (figures) I was parked along the curb in the street, waiting for my buddy who was inside a store. He was on crutches so I got the car and waited for him up front. A cop knocked on my window and asked me what I was doing. I told her I was waiting for my friend. She asked me to move my vehicle. I told her I didn't see any "No Parking" signs. She stared at me, so I stared back. She went back to her car and sat there, probably running my plates, then came back to my car and asked me for my ID. I told her I'm not required under law to show my ID if I'm not doing anything illegal/being detained. My friend finally hobbles out of the store, gets in the car, and I drive off, leaving the cop who was parked behind me.

Know your rights.

alexrex20 wrote:....One time in Austin (figures) I was parked along the curb in the street, waiting for my buddy who was inside a store. He was on crutches so I got the car and waited for him up front. A cop knocked on my window and asked me what I was doing. I told her I was waiting for my friend. She asked me to move my vehicle. I told her I didn't see any "No Parking" signs. She stared at me, so I stared back. She went back to her car and sat there, probably running my plates, then came back to my car and asked me for my ID. I told her I'm not required under law to show my ID if I'm not doing anything illegal/being detained. My friend finally hobbles out of the store, gets in the car, and I drive off, leaving the cop who was parked behind me.

Know your rights.

You sure showed her, by golly. Keep it up and be sure to keep us posted. Inquiring minds want to know...

alexrex20 wrote:But true, there aren't many instances where a cop would "question" you without good reason.

One time in Austin (figures) I was parked along the curb in the street, waiting for my buddy who was inside a store. He was on crutches so I got the car and waited for him up front. A cop knocked on my window and asked me what I was doing. I told her I was waiting for my friend. She asked me to move my vehicle. I told her I didn't see any "No Parking" signs. She stared at me, so I stared back. She went back to her car and sat there, probably running my plates, then came back to my car and asked me for my ID. I told her I'm not required under law to show my ID if I'm not doing anything illegal/being detained. My friend finally hobbles out of the store, gets in the car, and I drive off, leaving the cop who was parked behind me.

Know your rights.

There are a lot of folks who, like you, push their 'rights' in these types of scenarios. Being a horses behind to a cop my be legal, but will usually cause them to look further into things, which may become unpleasant. There is a old adage about 'You catch a lot more flies with honey than you do with vinegar'. That can apply in these cases where if you are just pleasant and enter into a nice 'adult mode' conversation with the officer, then you neither one get ticked off and everyone goes away happy in the end.