Picture this: you’re cruising down the road, maybe zoning out a bit, and then you see the dreaded flashing lights in your rearview mirror. A traffic stop. The officer walks up to your window and, with a polite smile, says, “Mind if I take a look in your trunk?” Sounds like he’s just asking, right? Well, sometimes what seems like a casual request from the police can actually carry legal weight, and if you don’t know the difference, you might over-comply—agreeing to things you have the right to refuse.
Most people assume that when an officer asks them to do something, it’s a command, especially in high-stress situations. But as police law expert Professor Rachel Harmon explains, requests and commands carry very different legal obligations. Misinterpreting a request as a command could lead to giving up your privacy or other rights unnecessarily. It’s important that you understand what’s optional versus what’s required, so you don’t feel pressured into compliance when it’s not legally necessary.
Command or Request? Why It Matters
So, what exactly is the difference? A police command is a legally binding order that you have to follow. If you disobey a command—like refusing to show your license and registration during a stop—you could face legal consequences, even arrest. “When an officer issues a command,” Harmon explained on the Talks on Law website, “he tells you what he wants from you and implicitly or explicitly he invokes his authority as a reason for you to comply.” Simply put, a command involves state authority, meaning you don’t have the option of saying, “Nah, I’m good.”
By contrast, a police request doesn’t carry the same legal weight. If an officer says, “You don’t mind if I search your trunk, do you?” it may be a question, not an order. In this case, you have the right to say no. Harmon clarifies, “A request gives you a choice; you can decide to cooperate or not cooperate for your own reasons.” In these situations, officers are often just fishing for information or voluntary cooperation. Unless there’s probable cause or a warrant, you don’t have to comply.
Over-Complying: Don’t Assume Every Question Is a Command
Police often phrase commands politely as requests. An officer might say, “May I see your license and registration, please?” It sounds optional, but it’s not; this is a command, and refusing could lead to penalties. Harmon explains that “even if [the officer] phrases [it] as a polite request, you know that that is actually a command. You have no free choice about whether you give him your license and registration.”
This can create confusion, and it’s easy to see how over-complying happens. When police use polite or casual phrasing, people often feel pressured to comply out of politeness, thinking they’ll appear suspicious if they refuse. But sometimes these requests are framed this way for exactly that reason—to encourage voluntary compliance.
Harmon points out the “lights and sirens” example: when you see those flashing lights, you’re not being asked to pull over—you’re commanded to, even if it’s not explicitly stated. Harmon says, “That’s a silent command to pull over.” This silent command requires you to stop, but it doesn’t oblige you to answer additional questions or grant searches just because you’ve pulled over. This is where knowing your rights can protect you from giving up more than necessary.
Tricky Situations: When Requests Feel Like Commands
Sometimes, police requests are phrased in ways that sound like commands, making it feel like you don’t have a choice. Imagine an officer says, “Would you mind popping the trunk?” It’s framed politely, but if you’re unsure, you might mistakenly assume it’s mandatory. This is what Harmon refers to as the “gray zone,” a space where individuals feel pressured into over-complying.
In these situations, Harmon advises asking, “Is that a request or a command?” to clarify whether you’re required to cooperate. “You are always permitted to ask to clarify whether something is a request or a command,” Harmon notes. This question can give you clarity about whether you’re legally obligated to comply, without risking over-compliance by misinterpreting authority that’s not there.
However, there’s a caveat. In some instances, courts have treated this clarification as suspicious behavior. Harmon points out that “several state courts have permitted that question to be treated as part of the suspiciousness of the person’s behavior,” which may result in further scrutiny. While asking can clarify, it’s good to be mindful of tone and context when requesting clarification.
Under-Complying: Don’t Dismiss a Command as a Simple Request
The flip side of over-complying is under-complying—mistaking a command for a choice. This can be just as risky. Failing to recognize a lawful command, even when phrased politely, can lead to trouble. For example, if an officer says, “Please step out of the vehicle,” it’s actually a command, regardless of the polite phrasing. Refusing could result in legal consequences because an officer has the authority to ask you to exit the car during a traffic stop.
Similarly, during routine checks, officers might say, “May I have your license and registration?” even though it’s required. Refusing could lead to penalties because, by law, you have to provide these documents. Harmon stresses that while commands may be presented casually, the legal obligation remains.
Real-Time Decisions: Why Clarity Matters During a Stop
Police interactions happen in real time, and commands are typically enforced on the spot. Harmon emphasizes that unlike a court order, which can be appealed, commands during a stop are immediate and must be followed on the spot. “When an officer issues a command, the officer both issues the command and often enforces it in real time,” she says. There’s no option to ask for time or legal advice, so understanding what’s required can prevent missteps in the moment.
Additionally, Harmon highlights that police training often lacks clarity in defining commands and requests, which can create further ambiguity. Harmon notes, “Right now, we’re not training officers properly with respect to commands.” This lack of training sometimes results in confusing phrasing that pressures people into over-complying without realizing their right to refuse.
Knowing when an officer is making a command versus a request is one of the best ways to protect your rights during a stop. The next time you’re pulled over, remember: you don’t have to agree to every request. Ask politely for clarification, understand your rights, and keep calm—you’ll come out ahead.
For more on police requests and commands, check out Professor Harmon’s full explanation in the video below:
