JohnKSa wrote:I wonder what legal standing questioning a person in a traffic stop has?
Well, if they're examining your car in the school parking lot, it' s a cinch you're not traveling since traveling has been considered to be pretty much a point-to-point thing in past court cases. Stops unrelated to the trip (at a school, for example vs a gas station) don't usually qualify even if you're in the middle of a trip.
"Where are you going?" is a very common question during a traffic stop. I can't remember specifically enough to say that I've been asked this on EVERY stop, but I've definitely answered this question on more than one traffic stop.
You don't have to answer any questions on a traffic stop, but if you choose to do so, you should be aware that what you say can and... (do I really need to finish this statement?) :D
WIth the new addition to 46.15 and the traveling presumption, your destination no longer matters if you meet the 5 requirements of the presumption.
I know what some DA's have said....
And while I have not been stopped for simple traffic violations, I have while doing Private Investigative work. I have state issued ID and I answer their questions not because I am obligated, but to get them to leave as quickly as possible.
On a traffic stop you have to give the officer your DL and insurance, and answer simple questions about your identity and such. I will not answer questions from an officer about if I know why he stopped me, where I am going, etc. I will be polite and courteous and deflect those questions.