Oh No, A Traffic Stop: Part 1

Capt. Geoff Fahringer

No matter how good a driver you are, we all can be subject of a law enforcement traffic stop. Those of you who know me know that most Thursday evenings you can find me out at Port of the Isles at the Lou-land gun range. I, along with many men and women of all ages, show up to shoot steel targets.  I mention this because with my law enforcement background, I am often asked the question, “Should I tell the officer I have a gun in my car if I get stopped on a traffic stop?” We’ll get back to that in a moment. This is a good opportunity to discuss traffic stops in general and what to do if you are indeed stopped by law enforcement. To law enforcement officers, traffic stops are inherently dangerous. FBI Law Enforcement Officers Killed and Assaulted (LEOKA) program reports that traffic stops and related enforcement actions consistently make up a significant portion of felonious line-of-duty deaths. That officer never knows what he or she will encounter when they walk up to the vehicle they just stopped. So, how can you make this a better encounter for you, your passengers, and the police officer? There are actually some basic and easy things you can do to get the encounter started off on a better footing and maybe drive away with a warning instead of that ticket. Years ago, Chris Rock did a video sketch called “How not to get you’re a%& kicked by the police.” I still howl with laughter every time I see it; look it up on YouTube, it’s still out there. But Mr. Rock makes some great points in his video. First, when you see the marked police vehicle behind you with its emergency light on, pull over. If the marked vehicle needs to pass you on the way to an emergency, your action of quickly pulling over is an immense help. You will notice I repeatedly said a marked vehicle. There are unmarked police vehicles out there, but there are also, on rare occasions, predators masquerading as police officers. If you have any doubts that the vehicle behind you with flashing lights is not a legitimate police vehicle, slow down if you’re on an empty roadway or stop in a public area and call 911. Tell the 911 operator that there is a vehicle behind you that might or might NOT be a police vehicle with its lights on. Give your location and any other information the operator asks you. If it’s a legitimate police stop, that 911 dispatcher will be communicating on the radio with the officer behind you and letting you know that it’s ok to interact with the officer. When you stop your car, pull off the roadway all the way to the right for your protection and the officer’s protection from passing cars. Now stay in your car; do not exit your vehicle. It’s safer for you and the officer to stay away from that passing traffic and the officers really do hate it when someone just jumps out of their car. Consider turning your vehicle off; that signals the approaching officer you’re not going to drive off as he or she approaches. But more importantly, roll your windows down so the officer can see in the car as they approach. Turn off the radio; really, there is not one single soundtrack, including “Highway to Hell,” that improves the interaction. Place your hands on the steering wheel and wait before pawing through the glove compartment, etc., for the vehicle registration and insurance card, until you are asked. If it’s dusk or evening, turn on the interior lights. Remember, the officer, no matter how experienced, will be a little apprehensive about the encounter, just like you. The sooner you find some common ground and show open behavior the better the chance you might once again drive off with a warning instead of that ticket. Officers are human too and relate favorably to manners and polite behavior. So back to the start, what if you have a weapon in your vehicle? You are not obligated to inform law enforcement you have any weapons in the car, but very often the officer, for his or her protection, might ask. And a computer check can show if you have a concealed carry permit. My opinion from my 50 years of law enforcement experience is yes, tell the officer you have a weapon in your vehicle. In Florida, it is not a crime to have a gun in your car. If you have a concealed weapon permit from Florida or any other state, I suggest you start the conversation off with that. “Officer, I have a concealed weapon permit, and I do have a weapon in my vehicle or on my person.” You don’t need to have a concealed weapon permit in Florida to carry a gun. However, I strongly suggest you get the training and get that permit. If for no other reason, that permit shows that you went through a background check and are trained and serious about carrying a weapon. Remember, it’s all about finding some common ground. If I was the officer, your honesty about having a weapon in the car, and the fact you have a concealed carry permit, plus your politeness, etc., puts you in the plus column for this interaction. Obviously, don’t reach for or even point out the location of the weapon; just wait and follow the officer’s directions or ask the officer what he or she wants you to do. Notice I did not say GUN, as that can really ramp up an officer’s attention. Remember, in any serious situation, someone saying GUN gets everyone’s attention; use the word weapon instead. My thoughts here are to follow the officer’s direction. Yes, you can ask why you were pulled over; most officers, once they have your license and other paperwork in hand, will explain why you were stopped at that point. You can explain your actions, but the side of the road is not the place for legal dissertations and arguments. If you truly believe the officer is wrong, the courtroom is the place to discuss it. I do want to discuss talking to the police in general. My opinion is if you are a witness to a crime or accident, yes, tell the officers what you saw. In my world and in my idea of our proper society, being a good witness to stop or expose criminal behavior is a must-do behavior in our community. The don’t be a snitch BS conversation just does not cut it; be a good member of our community and get involved. Now, if you are the victim of a crime and perhaps you had to use force, even deadly physical force, to save yourself or family members, or you were involved in some other action other than just being a witness, that’s a different encounter. We all want to tell our story about what happened and what we did. The police are not on scene to entrap you, trick you, or to try and get you to admit to any specific behavior. They are there to do their job and investigate and report their findings. Years ago, when I was on the Sheriff’s Office SWAT team, I was involved in a shooting in Immokalee. After it was over, I was of course emotionally affected by the encounter. I was allowed to go home for 24 hours to decompress. This is the norm for officers involved in any shooting. The next day, with one of the local Naples defense attorneys accompanying me, I was called by the Sheriff’s Department and went into the Sheriff’s criminal investigation division offices to give my statement. Shouldn’t regular citizens be afforded the same? I like to say, “I am not an attorney, and I don’t play one on TV.” I also like to get an opinion from someone with real-world experience on any subject we are looking into. In this case, I called fellow Rotarian and Marco Island resident and defense attorney Neil Snyder to get his expert opinion on what you should and should not do when faced with those serious police encounters. Neil is a great source on this because he was a prosecutor before becoming a defense attorney. So, he knows both sides of the equation.

So, Neil, what is your advice on how to behave during a traffic stop?

Neil: Being courteous and pleasant is a big one. You can ask why you were pulled over and perhaps say you didn’t realize you did that or explain your actions. BUT don’t engage the officer in a debate or argument during the stop.

What rights do motorists have during a Florida Traffic Stop?

During a Florida traffic stop, both the driver and any passengers are considered “seized” under the Fourth Amendment of the United States Constitution and Article I, Section 12 of the Florida Constitution. To ensure safety and compliance with Florida law, individuals must adhere to lawful police commands, understand the limits of detentions, and recognize their rights regarding searches and questioning.

Duty to Comply with Lawful Commands and Officer Directions

Drivers and occupants must comply with the directions and orders of law enforcement officers during a stop. Under Florida law, actively resisting, obstructing, or opposing an officer in the lawful execution of any legal duty, even without offering or doing violence, is a first-degree misdemeanor.

To protect officer safety during a traffic stop, police officers may take reasonable steps, which can include ordering a vehicle occupant to keep their hands in view or on the dashboard.

Duration of the Stop and Passenger Detention

The permissible duration of a traffic stop is strictly limited by its “mission,” which is to address the traffic infraction that warranted the stop and attend to related safety concerns.

Duration Limits: The stop may last no longer than is necessary to effectuate its purpose, and authority for the seizure ends when tasks tied to the traffic infraction are—or reasonably should have been—completed. If the officer asks if they can search your car, the simplest way to know whether the traffic stop has concluded and whether a motorist is free to go is to politely ask. If an officer asks, “May I search your car?” It would be prudent to respond, “If I’m free to go, I’d like to.”

Passenger Movement: Law enforcement officers may prevent passengers from leaving a traffic stop as a matter of course for the reasonable duration of the stop. However, once the traffic investigation is complete, passengers must be allowed to depart unless there is reasonable suspicion that they are engaged in criminal activity. Prolonging a stop by attempting to walk away can justify extending the detention to secure the scene.

Identity Verification: Under the Florida Stop and Frisk Law, if an officer encounters a person under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime, the officer may temporarily detain them to ascertain their identity and the circumstances surrounding their presence.

Consenting to Searches: Can the officer search your vehicle, identify other people in the car, etc.?

A traffic stop is legally justified if an officer has probable cause to believe a traffic violation has occurred, including non-criminal traffic infractions. During a valid traffic stop, the following rules apply to searches:

Dog Sniffs: Officers may summon a trained canine to search the exterior of the vehicle, provided this search is completed within the time necessary to issue the traffic citation. An alert by the dog provides grounds to search the interior of the vehicle.

Requests for Consent: An officer may validly ask for consent to search a person or the vehicle during a legal traffic stop without any objective justification or reasonable suspicion. As I already said, if an officer asks, “May I search your car?” It would be prudent to respond, “If I’m free to go, I’d like to.”

So Neil, what’s the story about possessing a firearm in your vehicle?

Florida law does not establish a general statutory duty requiring a motorist to voluntarily disclose to law enforcement during a traffic stop that they have a firearm in their vehicle. Instead, Florida’s legal framework regulates the conditions under which a firearm may be lawfully carried in a private conveyance, establishes specific disclosure duties upon an officer’s actual demand, and defines the scope of what law enforcement may ask and do regarding officer safety during a stop.

Vehicle Firearm Possession and Identification Demands

Under Florida law, a motorist who is 18 years of age or older and in lawful possession of a handgun may keep it within the interior of a private conveyance without a license, provided the firearm is securely encased or otherwise not readily accessible for immediate use. Such a motorist is prohibited from carrying handguns on their person while in the vehicle. Alternatively, a person who meets the criteria to carry a concealed weapon or firearm under Florida’s concealed carry framework may carry a concealed firearm on their person while in a private conveyance.

While there is no proactive duty to volunteer the presence of a firearm, Florida law imposes a strict “duty to display” identification upon direct demand. Specifically, a licensee—or an unlicensed individual carrying a concealed firearm as authorized by law—must carry valid identification at all times when in actual possession of a concealed weapon or firearm and must display such identification upon demand by a law enforcement officer. If a motorist does not voluntarily disclose a firearm, law enforcement officers possess the authority to inquire about weapons and execute safety measures during a lawful stop.

Questioning: During a traffic stop, an officer is legally permitted to ask the driver or occupants if they are in possession of a weapon. This questioning does not prolong the stop in a meaningful sense, nor does questioning a driver about firearms during a routine traffic stop convert the encounter into a formal arrest requiring Miranda warnings.

Ordering Occupants Out of the Vehicle: Officers may order the driver or passengers to exit a vehicle during a lawful traffic stop for officer safety. A report or indication concerning a firearm in a vehicle, which is not plainly without foundation on its face, is legally sufficient to justify ordering the occupants to leave the vehicle.

In conclusion, individuals undergoing a traffic stop in Florida should immediately comply with all physical and verbal directions from law enforcement to avoid criminal charges for obstruction. While passengers must remain at the scene for the reasonable duration of the traffic investigation, the stop cannot be prolonged past the completion of the traffic mission unless officers establish independent reasonable suspicion or obtain voluntary consent. Finally, drivers and passengers should remain aware that officers are legally permitted to ask for consent to search their person or vehicle at any point during or immediately after the stop without needing prior safety concerns or suspicion. For many people, any encounter with law enforcement might be uncomfortable and stressful. But you need to understand law enforcement officers, especially in our community, are educated, trained, and professional. Many people don’t realize that the academy hours men and women need to meet in their training here in the state of Florida exceed many other academies in our country, including New York State! So, when that encounter occurs, be polite and professional in your demeanor, have a calm discussion, and if you’re a witness, be helpful and thorough. Next month we will discuss a more serious topic with Mr. Snyder. Traffic stops that are called investigatory stops. These are stops that are or become criminal, including DUI investigations, and what you should know.

Capt. Geoff Fahringer was a fifty-year career law enforcement officer, first as a law enforcement officer with the Syracuse, NY, police department and then with the Collier County Sheriff’s Office. His experience includes serving on the SWAT Team and Dive Team with the Collier County Sheriff’s Office. Detective in major crimes, vice/narcotics, and the organized crime criminal intelligence homeland security division. His additional training experience includes providing first aid and dive team training for law enforcement and fire departments throughout Southwest Florida. Geoff holds a USCG Captain’s License; he is the training and safety officer for the Marco Island Yacht Club and the Squadron Educational Officer for the Marco Island Sail and Power Squadron. He can be contacted at Gfahringer@yahoo.com.