Keys out the window?

[FastbackJon]

What is the name of your state (only U.S. law)? WA

Lets say you're driving normally and all of a sudden blue and red lights come on behind you. You pull over at the first safe location and are swarmed by four or five cop cars yelling over the loudspeaker to throw your keys out the window.

Do you have to? It seems like a violation of rights, as would being told to throw anything else of personal property out the window such as a wallet, purse, wedding rings or money when you're just being yelled at by someone 20 feet away and they haven't even shown you a badge.

 

[CdwJava]

What is the name of your state (only U.S. law)? WA

Lets say you're driving normally and all of a sudden blue and red lights come on behind you. You pull over at the first safe location and are swarmed by four or five cop cars yelling over the loudspeaker to throw your keys out the window.

Do you have to? It seems like a violation of rights, as would being told to throw anything else of personal property out the window such as a wallet, purse, wedding rings or money when you're just being yelled at by someone 20 feet away and they haven't even shown you a badge.

If they are doing it in that way they are conducting what is commonly referred to as a "hot stop" or a "felony car stop." They already think you are a bad guy or could be a problem. They can, and likely will, view your refusal to toss the keys out as defiance which could be both unlawful and unhealthy.

Yes, they can order you to do this. if you refuse, you could be charged with a criminal offense. And why do you need to see a badge? You already know they are cops because "blue and red lights" and "five cops cars" pulled in. You can refuse, but they just might decide to disable the car at that point as well (blowing the tires, etc.).

Do you really want to antagonize a bunch of cops who are on edge? Would that be wise? The time to challenge their actions is at court or through a personnel complaint, not in the field when they have guns pointed at you ... and, in this situation, believe me - they had guns pointed at you.

 

[HappyWanderer]

I am uncertain as to the specific case law in WA, but I agree with CdwJava and suspect you could be charged with a crime. But, that's not really the issue, is it? Telling you what to do and you doing it is the easy way. They have another way.

 

[racer72]

Anyone that asks this question in a state that has seen 6 police officers shot to death the past 3 months must have a death wish. Every cop in this state is on edge already, the last thing any idiot needs to do is antagonize a police officer now. There is no violation of rights, driving and vehicle ownership are priveliges, not rights.

 

[xylene]

You pull over at the first safe location

Exactly how long did you wait to pull over?

 

[The Occultist]

Exactly how long did you wait to pull over?

That's a good question, especially since I have been taught to pull over right away; if the officer in his expert opinion feels it is unsafe (and he is the judge since he will be risking his life to leave his vehicle and walk to mine) then he will wait to pull me over. And posts from Carl certainly indicate that waiting to pull over is a stupid move as the officer has no idea if you are attempting to pull to a location where those with less than honorable intent may be waiting.

 

[justalayman]

Do you have to?

Do you have to? Of course you don't have to. You should though. It would be the prudent action.

It seems like a violation of rights, as would being told to throw anything else of personal property out the window such as a wallet, purse, wedding rings or money when you're just being yelled at by someone 20 feet away and they haven't even shown you a badge.

I am not sure if this is a troll acting dumb or somebody that is just really misunderstanding the gravity of the situation.

They ordered you to throw the keys out the window so you cannot drive away. If you threw your wallet, ring, or whatever else out the window, your ability to drive away would not be impeded which is the intent.

The next step is should you not throw the keys out the window would be the officers getting a bit more aggressive, and a bit concerned, and attempt to remove you from the vehicle. So now, since you still have the keys, if the car moves, you might want to take a moment to think about how bullet proof your car is. That could be a very important consideration depending on why you were stopped and if there is an officer in harms way as you start to move.

 

[FastbackJon]

This didn't happen to me but it did to a friend in Arizona. I'm in WA. I asked him how long it took to pull over and he said when the lights came on there were a bunch of loading only zones that he didn't want to pull into so he pulled over in the next available area after that (half block). Cops did all what I mentioned (felony stop as one member put it) on the premise that the driver didn't stop at a red light when in fact he was picking up a friend of his and had to stop at the light for them to get in, he threw his keys out the window, they harassed him and took him to jail overnight, searched and then impounded his car, didn't find anything because he's not a bad guy at all, but rather a good family man, so if this happened to me I'd be pretty ticked. I was just wondering about the legality of it all.

As it concerns me, sometimes when I've gone to pick up one of my older vehicles from the storage location I'll forget the keys and just hotwire it to get it back home. Of course with no keys to start the vehicle, there are no keys to turn off the vehicle after being pulled over let alone to throw out the window. One would have to go outside the vehicle and open the hood to shut the car off. Probably best just to stay seated with hands on the steering wheel. Luckily I haven't had this happen yet.

 

[CdwJava]

A hotwired car will cause the police to be even more nervous. if this should happen, you would be well advised to place BOTH hands out the window and, if possible, yell that there are no keys. They will probably have you then reach out the window to open the car door from the outside leaving both hands in plain view and then have you step out of the car.

And, to reiterate, they can and do have the right to order you to toss the keys out the window. In such a situation you would not want to risk toying with the cops as it could result in damage to your car, or a dog being deployed IN to the car. Not good.

 

[cyjeff]

Considering how much being tased hurts, I would do what they say.

 

[hermes77]

Not only do they have the right but they have the duty to if they think you might cause them a safety problem.

First of all A cop pulling you over is an emergency situation. You pull into a loading only zone if it's safe. You pull into the first safe spot. A no stopping sign would not stop me from pulling over for a cop, so a loading zone certainly wont.

Secopndly if they do the keys out the window thing, turn off the car, put BOTH hands out of the window, and drop the keys to the ground. Leave your hands out of the window BUT STAY IN THEY CAR until they tell you otherwise. Do everything they tell you to do when and how they tell you to do it. Try to remain calm. As the prevoius poster mentioned tasing hurts. I'll bet bullets hurt for longer.

If you are calm and cooperative it is likely that a misiunderstanding can be worked out with a minimum amount of hassel. Your friend could have matched the description of someone who just shot a cop for all he knows. It's obvious that they are upset, tense, and ready to take physical action. Every effort should be made to comply.

Now I'll grant that by standard I don't let cops search my stuff, but in the case where they dfo a felony stop they're going to do it anyway, so you might as well give consent. They might do less damage that way. Messing with them when they do a felony stop is actually more stupid than messing with a judge on the bench. At least the judge wont shoot you. He may make you wish he did, but he has balifs for that anyway.