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Does a Police Officer have the right to make you put out a cigarette?

I was recently pulled over for a minor traffic infraction and the police officer insisted that I put out my cigarette. I asked him why I should and He said that the smoke bothered him and I replied that I didn't know that there was a law against smoking while dealing with a cop. He got nasty and I finally put out my smoke. What gives Him the right?

35 Answers

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  • 1 decade ago
    Favorite Answer

    Because he is the boss in that situation and if you don't play the game his way you will lose. Just cooperate and it will be as painless as it can other wise the sob could make life hell for you since he has the gun and the law behind him.

  • Anonymous
    5 years ago

    An officer can tell any one under age to put down a cigarette and arrest them for having the cigarette. An officer can tell any one who is of age to put down a cigarette while that officer is dealing with him. A cigarette can be used as a weapon.

  • 1 decade ago

    Sometimes cigarettes cover up odor such as alcohol or certain drugs a officer needs to know who and what he's dealing with . You might consider the fact that he's isn't asking that much. If someone was holding a gun on you and he risked his life trying to save your , and during that attempt he ask you to put your cigarette out I bet you wouldn't hesitate to do it then.Also you might be more thankful you live in a country that you can send out a email or even own a computer.This is why we have so many new laws made every year . So situations like this can be dealt with safely and effectively when all it would take is a little respect and courtesy

    Source(s): Maturity
  • 1 decade ago

    That is simple. Technically when an officer pulls you over he is detaining you. For example: You know that you are not free to walk away from him. You are not officially arrested but he is detaining you for investigation. (investigation of the traffic violation)

    Technically he may ask you to step out of the car and put handcuffs on you if he does not feel, "safe". If he has to take action and do something to you, because you threaten him or look dangerous to him, it is reasonable for him to want you to put your cigarette out so that does not get in the way...

    Is that what happened here? No, he was just being an ***. Would you be able to have a civil rights case on your hands? You're probably stretching it....

    Bottom line: He could have made something up that would be legit to have you put it out but he was really being a dick about it.

    Hope this helps.

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  • Anonymous
    1 decade ago

    Do you really think that busting the cops b*lls in that situation is a bright move? Take 10 seconds to look at it from the cops point of view. I'm assuming you are not a nut case but he doesn't know that. For all he knows you might get mad about being pulled over and stick your cigarette in his arm. Or worse. Plus have some basic decency and not blow smoke in a strangers face. The guy is doing his job and you never said you were innocent.

  • 1 decade ago

    Havnt u watched the movie 'Crash'? A cop pretty much has the right to do what he wants if theres no witnesses.

    Dunno how old u are but if ur young you will realise as u age that some wars just arent worth fighting.

    U should have apologised, put it out,and gone on ur way.

    Its not about whether he 'had the right' its about the fact that 'he was in control' at that time

    Pick ur battles carefully,specially when dealing with a mid life crisis/ power tripping cop

  • 1 decade ago

    He wanted you to put it on the ground, then he could site you for littering, he saw you do it. Next time just put it out in a ashtray and play his game, they hate that. I always say, wow this is just a pretty day. I used to live on the beach, ya know. Play him for time. Then say. "am I free to go? I have people waiting fo me. Also you can put up your window and lock all your doors, that always lets them know you know the law. Leave just enough open to talk. If he ask you to get out then get out but take your keys and lock your door. He has no right to search you or your property. Unless you tell him it's ok.

    Police use several methods to find out if you know your rights, one is to ask you to comply to his orders. You must comply, he knows that, but you have every right to take your time doing it and to talk with him as long as you want, they hate that, cuts in to their dougnut time.

  • Anonymous
    1 decade ago

    If it is not in the US Constitution or State Consitution, it is not a "Right".

    However, since tobacco contains poison, she might knock it out of your hand to save your life. Ask Zsa Zsa....

    IMHO, smokers and non-smokers alike need to be considerate of each other and polite. That is far more the issue here.

  • 1 decade ago

    Technically, he DOESN'T have the authority to tell you to put out your cigarette. You were not in a restaurant or place where smoking was prohibited. He apparently just hates smoke or smokers, and was pushing his weight around. If he wanted you to put it out he could have just asked as a favor explaining that cigarette smoke bothers him and could you please put it out. Sounds like a cop with an attitude and some issues.

  • 1 decade ago

    The police have every right to tell you what to do. Don't get all pissy just put it out. Once in college I was caught speeding and when the cop pulled me over he came to my window and asked to see my drivers license and registration. Well as I handed it to him he noticed I was wearing a skirt so he asked if I could hike it up to see if I was wearing panties, I wasn't so when he saw that he just smiled handed back my license and stuff and said to watch the speed limit. When a cop tells you to do something you better do it. It just might get you out of trouble.

  • Anonymous
    1 decade ago

    When you get arrested for being a bad boy, the ride to the jail may be the longest ride you will ever take depending on how nice you were to the police officers. If you have a surly attitude, the ride may get real bumpy and it is difficult to brace yourself against curves and bumps when you are handcuffed, thus, you get to jail with goose eggs on your old stubborn head and a few black eyes. And your nutz feel likek they have been stepped on.

    But it is your choice.

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