ASK A COP: Traffic stop is a criminal investigation

Published 11:40 pm Monday, March 14, 2016

Manson from Port Arthur ask: Officer Antoine, I have been driving for quite some time and consider myself a safe driver. However, in all my years of driving I have only been stopped a few times, and each time I’ve been asked the same question by police officers. I have discussed this question with others, but still can’t seem to find a logical reason as to why this question is asked. The question police officers always seem to ask me is, “Where Are You Going?”  I don’t think this is the reason I was stopped. I think the question should be, “Do you know why I stopped you?” Personally, I don’t think they should ask where are you going, but as a citizen and safe driver, I want to obey all the rules of the road. But, I think where I am going shouldn’t be their concern but to avoid conflict, I always comply. Officer Antoine, I’m curious, is it a mandatory question or a rhetorical question? Hopefully your response will really clear this up for me. Thank you for helping to keep our roads safe!

THANK YOU FOR HELPING TO KEEP OUR ROADS SAFE!!!

Answer: Good question, Manson!  Manson, it always brings a smile to my face to read or hear someone say that they are a safer and more informed driver because of the “Ask A Cop” column. Manson, when a police officer stops a vehicle for a traffic violation that’s committed in his/her sight, they are investigating a CRIME that has been committed, and if during the investigation of the crime, the police officer has the right to ask a driver or the vehicle passengers questions! Keep in mind, Manson, the police officer that is detaining you most likely doesn’t know you. Manson, where are you going is a typical question during a criminal investigation, because if I stop you and ask where are you going and your reply is “home,” but you live in Port Arthur and you are about to cross the Veterans Memorial Bridge headed toward Bridge City. Wouldn’t you agree that this will raise a RED flag considering the fact that I just observed you commit a crime and now where you are headed is in suspicion? I would agree with you, Manson, that we should cooperate with police officers when we are legally stopped for a traffic violation. As I have said time and time again, if you have nothing to hide, why wouldn’t you cooperate with law enforcement when you are under an investigation?

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Gabe from Port Arthur asks: Officer Antoine, I want to take a turn asking you a question this week. The question is simple and the answer is probably obvious but I will ask anyway. Is flicking a cigarette butt out the car considered littering? If so, how much is this policed on the roadways? Thank you for all you do for the city of Port Arthur. Keep up the good work!

Answer: Good question, Gabe! Yes, the answer may be simple, Gabe, but the problem is GREAT! I would step out and say the most commonly littered item in TEXAS is cigarette butts. Yes, throwing a cigarette butt on the ground and stomping on it or flicking it out of the window of your vehicle is ILLEGAL in Texas, and could lead up to a $500 fine if found guilty in a court of law. Most smokers don’t consider it littering, and they have done this for so long that disposing cigarette littering has become a second nature habit for them. Texas launched a promotion in 2011 that “Texas is not your Ashtray,” which aimed at smokers to properly dispose of their cigarettes after use. Gabe, I can’t give you a measure on how much crime is policed, but please believe me when I tell you that if a motorist litters a cigarette in my presence, we will have a conversation about it, and YES they will receive a citation! Hey, Gabe, Port Arthur took it a step further and we have an ordinance that makes it ILLEGAL to throw a cigarette in your OWN yard!

James from Nederland asks: Officer Antoine, why don’t you give warnings to people who are nice to you? I believe you should ticket the ones who give you the red butt when you stop them. I was in a vehicle on the passenger side and my wife was more that nice to you and you still gave her a ticket, WHY?

Answer: Good question, James! Well, James, because she broke the law? Being cordial to a Police Officer during an investigation when you are stopped is part of being a respectable citizen of this community, state, and nation. I do understand where you are going, James, but I will admit that 93% of the motorists I stop are nice people. So James, who should be cited because it’s the NICE people that are getting into the vast majority of the crashes that are injuring or killing other motorists or themselves in this city, state, nation. It’s not the “bad” people like robbers, thieves and gangsters who are involved in crashes, James, it’s the “nice” people who are not paying attention….i.e speeding, running red light hurrying home from work, talking on cell phone, texting, tired because they worked a double, late for work or a meeting. James, my job is to keep the roads of Port Arthur safe for ALL motorists to travel and if a nice or bad person is stopped I treat them the same. I treat ALL motorist the same, I give no preferential treatment from one driver to the next. James Here’s a simple formula, don’t break the law, you don’t get stopped!

Join Officer Antoine for Ask A Cop live, on KSAP 96.9 FM The Breeze radio station, every Tuesday for 1 hour from 1p-2p. Tune in and listen as Officer Antoine discusses in detail the newly released “Ask A Cop” article that printed in The News. You can also tune in via internet at www.ksapthebreeze.org . Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247. Remember to email your questions to rantoine@portarthurpd.com , or call 409-984-8541 and leave a voice mail question, or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public you can Ask A Cop!