the accuracy of the legal system described in “99 problems”
I walked my parents through the situation posed in verse two of Jay-Z’s “99 Problems,” and here is what they had to say with their extensive combined legal knowledge:
“…So I pull over to the side of the road. I heard, ‘Son do you know why I’m stopping you for?’ ‘Cause I’m young and I’m black and my hat’s real low. Do I look like a mind reader, sir? I don’t know. Am I under arrest or should I guess some more?’”
Dad’s advice: not a question of legality, but if Jay-Z really was carrying drugs (“my trunk is raw,” verse 2, line 2), it would do well to not antagonize the police officer, as police officers may often change the story in court to make the search legal.
“‘Well you were doing 55 in a 54. License and registration, and step out of the car. Are you carrying a weapon on you? I know a lot of you are.’ ‘I ain’t stepping out of shit, all my paper’s legit.’”
The officer is indeed permitted to ask you to step out of the car and you are by and large obligated to comply, but the question of asking about carrying a weapon is a bit trickier. The officer would need to be suspicious that you were carrying a weapon, and would have to defend that suspicion in court. The right answer to the question might be to ask what grounds the officer has for suspecting a weapon.
HOWEVER, if the weapon-carrier (Jay-Z) is a convicted felon, then he is permitted to not answer the question because carrying a weapon would be a criminal offense and we are constitutionally permitted to not answer an incriminating question. 13 seconds of googling suggests Jay-Z was not a felon so this does not apply.
“‘Well do you mind if I look around the car a little bit?’ ‘Well, my glove compartment’s locked and so is the trunk in the back and I know my rights, so you goin need a warrant for that…’”
Jay-Z is half right here. The locked compartments have nothing to do with it. You are legally allowed to deny a search without a warrant at any time, locked or not.
“…’We’ll see how smart you are when the K9 come.’”
Jay-Z can be detained a reasonable time to await a totally legal dog search, but the legal definition of a “reasonable time” is hazy for sure.
