Bloody Hell

[securespark]

Two officers are now on restricted duties.

 

[bernardgreen]

For how long had the officer been asking the driver to get out of the car before the driver began to record.

It could be that the driver had been refusing to co-operate for several minutes and then had to be extracted from the car.

 

[JohnD]

Do you assume that the driver had committed an arrestable offence, then? What evidence do you have?

 

[bernardgreen]

Do you assume that the driver had committed an arrestable offence,

No. but when in charge of a motor vehicle one has to be able to prove one's identity in some way and prove one is legal to drive the vehicle.

If the officer had asked for proof of identity and the driver refused to produce it then the officer is within his rights to ask the driver to get out of the vehicle while he attempts to identify the driver.

There was a comment on the radio that the driver had refused to hand over the keys or documents.

 

[JohnD]

But is "failure to produce" an arrestable offence?

Is "failure to hand over the keys?"

I note your use of the word "ask"

Not "Smash the car angrily"

when in charge of a motor vehicle one has to be able to prove one's identity

Are you sure? What law are you thinking of?

 

[JohnD]

here we are

1. Overview
The police can stop a vehicle for any reason. If they ask you to stop, you should always pull over when it’s safe to do so.You’re breaking the law if you don’t.

If you’re stopped, the police can ask to see your:

• driving licence
• insurance certificate
• MOT certificate

If you don’t have these documents with you, you have 7 days to take them to a police station. You’re breaking the law if you don’t show the requested documents within 7 days.

https://www.gov.uk/stopped-by-police-while-driving-your-rights/overview

this is specified in the Road Traffic Act
http://www.legislation.gov.uk/ukpga/1988/52/section/137

It does not say "and get out of your vehicle."
It does not say "and hand over your keys."

In the UK, you are not obliged to carry proof of identity.
https://en.wikipedia.org/wiki/Identity_Cards_Act_2006

 

[bernardgreen]

5. When the police can seize your vehicle



The police can seize a vehicle if they think it’s being used in a way that causes alarm, harassment or distress (eg careless or inconsiderate driving).


They can also seize a vehicle if they think it’s:

• being driven by someone who doesn’t have a proper licence or insurance
• dangerously, illegally or obstructively parked
• broken-down or abandoned

Note if they think it's

An "informal" temporary seizure can be effected by taking the keys from the vehicle while checks are being made. A necessary precaution if the checks identify the driver is illegal and the driver then decides to drive off. Officers have been injured by drivers trying to evade being arrested.

• 
  

 

[JohnD]

let's have a look at your source.

Does it say

"and get out of your vehicle."
"and hand over your keys."

I am not familiar with the concept of an Informal Arrest.

 

[JohnD]

RTA 165A, perhaps?

(6)Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it—

(a)in a section 87(1) case, if the person does not produce his licence and its counterpart immediately;

(b)in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.

http://www.legislation.gov.uk/ukpga/1988/52/section/165A

Still no mention of
"and get out of your vehicle."
"and hand over your keys."

 

[blightymam]

The copper proper lost it, very unprofessional. Can't help but think the whole thing could've been avoided if the driver had just stepped out the car in the first place. If he had nothing to hide/case of mistaken identity, then that would've come to light...

 

[bernardgreen]

An "informal" temporary seizure

I am not familiar with the concept of an Informal Arrest.

There is no point in arguing with you.

 

[JohnD]

If you have a good point to make, please do.

If you can show that there is an arrestable offence of failure to
"get out of your vehicle."
"hand over your keys."
then please show me.

If however you are going to post untrue statements, please don't.

 

[Ihavenojob]

True to form Joand is defending the indefensible .

 

[securespark]

What indefensible?

 

[Ihavenojob]

The one in the car ignoring a request from a police officer. I bet he done it to provoke the plod. No fan of plod, but it was so easily avoided.