A growing list of states prohibit law enforcement officers from asking drivers if they know why they were pulled over, instead requiring officers to reveal the reason for traffic stops upfront.
Colorado will not join those states anytime soon.
State legislators voted against House Bill 25-1243 on April 2, killing the proposal to ban cops from asking, "Do you know why I pulled you over?" The effort, sponsored by Democratic Representative Mandy Lindsay, failed in an 8-3 vote in the House Judiciary Committee.
"I'd like to make a challenging interaction a little bit easier for everyone," Lindsay said during the committee hearing on April 2. "When a peace officer approaches a driver, it's in everyone's best interest to begin that interaction with as much clarity and transparency as possible. That every attempt is made by all parties to lower the temperature and de-escalate the situation."
Democrats and Republicans joined in opposition to the bill — but for very different reasons.
Lindsay argued that asking drivers the reason for traffic stops adds unnecessary tension to an already stressful situation, presenting drivers with the choice of potentially upsetting the officer by refusing to answer or potentially incriminating themselves by admitting to an infraction.
Most of her Democratic colleagues agreed, but said the bill lacked necessary enforcement provisions, as it did not include penalties that officers would face if they continued to ask drivers why they pulled them over.
"This bill has no consequences, so what's the purpose?" Democratic Representative Michael Carter asked during committee. "I would like there to be consequences if the police officers overstep."
Meanwhile, Republicans pointed to law enforcement opposition to the bill, with the Colorado Association of Chiefs of Police, Colorado Fraternal Order of Police, Colorado State Patrol Association, County Sheriffs of Colorado and Colorado District Attorneys' Council all registered against the proposal.
Colonel Matthew Packard, chief of the Colorado State Patrol, said troopers are trained to inform drivers of why they were pulled over, but "sometimes it doesn't go the way the textbook says it should go, so we react to that." He claimed the bill "furthers an unhelpful narrative" that law enforcement should be distrusted by the public.
"This is one of those bills where, with pun intended, everyone needs to stay in their lane," said Republican Representative Ryan Armagost, a former law enforcement member. "The professionals in the room spoke and that should ring the loudest in this conversation."
The bill was backed by AAA Colorado. Spokesperson Skyler McKinley said the association has run similar legislation in other states with minimal pushback, adding that the goal is to increase safety for drivers and officers. He argued that the bill would make traffic stops quicker and get all parties off of dangerous roadsides where they risk being struck by vehicles.
"I was, frankly, surprised when folks I consider dear friends and colleagues in law enforcement came to me and said, 'Why are you doing this to us?' Because it was so straightforward when we worked on this issue in Minnesota," McKinley said during committee. "This is probably the most vigorous discussion in American history on this issue."
California, Connecticut and Minnesota already ban officers from asking drivers why they were pulled over. Similar proposals are on the way in Nebraska and Tennessee, according to McKinley.