交通堵塞:该怎么做&A

What should I do when stopped for a traffic violation by the police?

让警官放心. 把车停到安全的地方, 关掉你的点火装置, 待在车里，手放在方向盘上. 晚上，打开室内(“圆顶”)灯. 保留你的驾照, 就近登记和保险证明, 并准备好应要求向警官出示. 要有礼貌，保持冷静，不要抱怨. Keep your h和s empty 和 in plain sight (such as on the steering wheel) so that the officer can 看到 them at all times, Never touch an officer or resist them in the legal performance of their duties. 如果你觉得自己受到了虐待, speak with a supervisor or air your grievance in court once the stop is over.  The officer does not have to initially inform you the reason for the stop prior to requiring that you provide the necessary documents such as your license, 登记, 保险, 等. The officer 五月 order you as well as any passengers from the vehicle at any time during the lawful stop; you have no right to 看到 a supervisor or anyone else prior to complying with the lawful requests of the officer.

Are road safety checks constitutional based on Georgia law 和 the US Supreme Court?

是的. 美国最高法院(看到 印第安纳波利斯市. 埃德蒙, 531 U. S. 32 (2000) 和 密歇根州警察局诉. 坐, 496 U. S. 444(1990))和格鲁吉亚最高法院(见 拉方丹则v. 状态, 269 Ga. 251 (1998)) have upheld the constitutionality of checkpoints.

May a police officer order me 和 any occupants from my vehicle at a traffic stop without any additional reason?

是的. The Supreme Court of the United 状态s “recognized the inordinate risk confronting an officer as he approaches a person seated in an automobile” during a routine traffic stop in the case of 宾夕法尼亚州v. Mimms, 434 U.S. 106 (1977).  That case cited a study (Bristow, “Police Officer Shootings--A Tactical Evaluation,” 54 J. 有罪的. L.C. & P.S. 93 (1963)) which concluded that approximately thirty percent (30%) of police shootings occurred when a police officer approached a suspect seated in an automobile.  因此，法院的结论是，一名官员 五月 order someone stopped for a traffic violation to exit the vehicle. This is true regardless of whether the weather is unpleasant or that the officer does not have a clear reason for asking you to get out. When the officer asks you to “please step out of your car,” you have to do it.

警察可以命令我放下车窗吗?

是的. If an officer can order you from your vehicle for officer safety without violating your rights, then the simple request of rolling down your windows is also reasonable 和 远 低侵入性的.  Again, the risk facing the officer is a major factor in this decision.  然而, if you are unable to roll your windows down for some reason (i.e., 它们坏了或发生了故障), simply explain this to the officer 和 be prepared to comply with his legal request for you to exit the vehicle should he or she ask.

我可以因为试图逃避道路检查而被拦下吗?

 是的. The Georgia Court of 应用程序eals recently reaffirmed its long-st和ing rule that “abnormal or unusual actions taken to avoid a roadblock 五月 give an officer a reasonable suspicion of criminal activity even when the evasive action is not illegal.”  位于v. 状态, 316 Ga. 应用程序. 213, 216 (2012).  因此, 根据乔治亚州法律, a driver who takes evasive measures to avoid a roadblock provides law enforcement officers with reasonable articulable suspicion to believe that they are engaged in criminal activity.

Am I required to show my driver’s license at a safety checkpoint?

是的.  Georgia law requires every licensed driver to “display his license upon the dem和 of a law enforcement officer.”  O.C.G.A. § 40-5-29(b).  Failure to do so permits officers to presume that: 1) you do not have a license on your person as required by O.C.G.A. § 40-5-29(a); 和 2) you are driving without being licensed in violation of O.C.G.A. § 40-5-20.  此外, repeated refusals to comply with an officer’s request for your license can rise to the level of criminal obstruction of the officer in the performance of his duties pursuant to O.C.G.A. §16-10-24(a)，你可能因此被合法逮捕.  除了你的驾驶执照, officers 五月 also lawfully require you to display proof of 保险 pursuant to O.C.G.A. § 40-6-10.  Failure to comply with these requests can lead to arrest, prosecution, 和 conviction (看到 约翰逊v. 状态, 234 Ga. 应用程序. 218 (1998)).  然而, 一旦你遵守了这些要求, 法律不要求你再说什么.   

Are passengers required to identify themselves to officers upon request?

In 州v. 威廉姆斯, 264 Ga. 应用程序. 199 (2003), the Georgia Court of 应用程序eals clarified that passengers in a stopped vehicle who are detained by the stop, but are not suspected of any violation or other criminal activity, 五月 be asked for identification by an officer; however, the officer 五月 not convey any message that a response is required. 另请参阅 霍尔特v. 状态, 227 Ga. 应用程序. 46 (1997) 和 Edgell v. 状态, 253 Ga. 应用程序. 775, 777-778 (2002).  Although an officer 五月 not take the passenger's mere refusal to answer as providing reasonable suspicion of other criminal activity (看到 特里v. 俄亥俄州, 392 U.S. 1 at (怀特，J .., concurring)), the refusal 五月 lead the officer to take additional safety precautions. If an officer develops reasonable articulable suspicion to believe that a passenger is engaged in criminal activity, 他们可以拘留他或她并要求出示身份证明.

What happens if I don’t agree with the lawful requests of officers, 比如出示驾照或者下车, 等.?

A person is guilty of obstructing a law enforcement officer pursuant to O.C.G.A. §16-10-24(a)如果该人故意阻碍, 延迟, or obstructs any law enforcement officer in the discharge of his or her official duties. 因此, continued refusal to obey lawful comm和s from an officer 五月 result in your arrest for misdemeanor obstruction. In the event that your disobedience escalates to the point where you either threaten or perform a violent act upon the officer, the violation becomes a felony punishable by one to five years in prison.  O.C.G.A. § 16-10-24(b).