If you’ve ever been pulled over, the first line out of the officer’s mouth may have been “Do you know why I pulled you over?” After a recent reform to police procedures in Minnesota, police will no longer be asking this question to stopped motorists.
“There were some organizations that thought it put the driver in a position of self-incrimination, that they’d be admitting to something, and in an arrest situation, of course, that’s not okay unless they’ve been read their rights,” said Jeff Potts, executive director of the Minnesota Chiefs of Police Association, who was a member of the Bloomington Police Department for 30 years, with 12 of those years as its chief. “You don’t want to start the conversation in a position where the violator has to make an admission of guilt or something like that.”
Instead of asking the driver why they were stopped, police will now begin by explaining to the driver why the officer conducted the traffic stop, “unless it would be unreasonable to do so under the totality of the circumstances,” according to the updated provision. The change was made as part of a larger judiciary and public safety bill that was passed by the Legislature and signed into law by Gov. Tim Walz in late May.
Potts said he doesn’t expect the change to be hard for officers to adjust to, as many departments had already started to move away from “Do you know why I pulled you over” as an opening line.
Is This Change Enough?
While the provisional change appears to have the public’s best interests at heart, the full context of the change leaves some to be desired. It notes that a person won’t get a charge, a citation or evidence dismissed because an officer asks this question to a motorist, so officers can still use this self-incrimination technique as they please without repercussion.
“By saying the failure to comply with this statute won’t serve as the basis for exclusion of evidence or dismissal of a charge or citation, then you’re just saying to the cops that even if they do this anyway, there’s no consequences for it and they can still go forward with their bogus charges,” said Michelle Gross, president of the local chapter of Communities United Against Police Brutality.
So while your interaction with police may take on a less accusatory approach, it’s still possible that you’ll be asked why you were stopped. And while you could cite this story and turn the tables on the officer, we always recommend being non-confrontational and forgettable if you want to avoid a ticket. A simple “I am unaware why you stopped me” will suffice should you find yourself in this situation in the future, but hopefully police adhere to the updated policy.
For now, if you need help fighting a traffic ticket or an arrest, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
