Friday, August 13, 2010

The Trooper Stopped Us

Was the Trooper’s question asking me what was on my head an appropriate question? Since Nevada is a “helmet” State, and since my helmet is not a traditional one, then maybe yes.  I wasn’t thinking about my
Constitutional rights at the time. It didn't occur to me to exercise my 5th Amendment right to keep quiet.  I gave an honest answer to a reasonable question.

The light turned green and we crossed the intersection. The Trooper turned on her siren and lights to detain us.

Question:  Did she have the right to detain us?


Annie said...

She only said, pointing to her OWN head: "WHAT'S THIS?" She didn't really communicate anything about YOUR helmet.

Did she have the right to detain you? I don't think that unless she could cite the law that she felt you were breaking, that she could.

Anonymous said...

The cop has the authority to conduct a Terry stop. Only more if you submit to conversation.