LAWYER: 10 Traffic Stop Rights You NEED to Know

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  • Опубликовано: 21 ноя 2024

Комментарии • 1,8 тыс.

  • @tomc.4860
    @tomc.4860 11 месяцев назад +365

    I had a legal professor actually perform sobriety tests on our entire class of 40 and at the end of the testing he was able to show that everyone of the 40 students failed the roadside sobriety, even though it was 8:00 on a Tuesday morning and not one of them had had a drink in more than 8 hours. Never consent to a sobriety test . My roommate refused to take the sobriety test and refused a roadside breathalyzer and was taken to jail and spent three days in jail but his blood tests proved that he had had no alcohol whatsoever and he was able to beat the charge and file suit against the department to get his money back for the impounding of his car and legal fees.

    • @Rcook422
      @Rcook422 11 месяцев назад +10

      Calling bs on everyone failing fields. If you’re sober, you won’t show clues during HGN unless you have medical problems. With a success rate of 77%, absolute bs your entire sober class failed.

    • @toadhall5041
      @toadhall5041 11 месяцев назад +61

      It's not BS because the cop decides if you failed. You could be a sober athlete or ballet dancer and fail. There's a college athlete youtube of this. They will find something. Maybe they told you to stand on one foot with your other foot 6 inches above the ground. Maybe the cop says your foot was 7 inches up-- fail. ​@Rcook422

    • @jeffreypedersen8402
      @jeffreypedersen8402 11 месяцев назад

      That's right toadhall5041! It's called, subjectivity! The 🐖 decides. Rcook422 is confusing objectibity with subjectivity🤷🏽‍♂️

    • @jimyoung3571
      @jimyoung3571 11 месяцев назад

      Wow

    • @greybeardzr-1232
      @greybeardzr-1232 11 месяцев назад +36

      True, it puts the cop in charge of the test, and he can fail you no matter what you think or say.

  • @srhatfield
    @srhatfield 11 месяцев назад +124

    Always have a recording device like a dash cam in your car, then show the officer your phone and tell them that you are recording the interaction. They will see the phone and think that is the recording device, but in reality it's the dash cam. Now if the officer takes your phone or demands that you erase the recording, you have backup proof of their illegal activity.

    • @vinniebarusa
      @vinniebarusa 11 месяцев назад +14

      The DrivePro 550 has a second camera that you can point to your driver’s window during a stop.

    • @nickabel8279
      @nickabel8279 11 месяцев назад +7

      Car nvr. I had 4 cameras (could do up to 6 or 8) and they all linked back to a NVR bolted into the trunk that had a key to remove the SSD. There was also a memory card slot if you needed to pull something

    • @srhatfield
      @srhatfield 11 месяцев назад

      That sounds sick man, nice!@@nickabel8279

    • @exgenica
      @exgenica 8 месяцев назад +4

      If for some reason you DO erase/delete any recording you made, DO NOT RECORD ANYTHING ELSE ON YOUR SD CARD (or wherever on your phone you opted to store your videos)...video or audio. If you avoid adding more data to your video storage area, which could actually overwrite the NOT "deleted" data supposedly sent to the "Trashcan", the actual recorded data likely still exists and can be recovered.
      That's why Hillary used Bleachbit to actually eliminate her data...Bleachbit is a type of program that actually overwrites the data on the storage device and thus can prevent recovering those data that were simply "deleted" by moving the name to the "Trashcan" (the "name" simply pointed to where the data are actually stored).
      Deleting the name is like putting a shoebox in a closet and then throwing away the note you wrote to yourself telling you that you put the shoebox in hall closet. You threw away the note that reminded you where it was,, but the shoebox is STILL in the hall closet. Until you remove or destroy the shoebox, you can still find it if you look in all your closets.

    • @gregkasza1925
      @gregkasza1925 5 месяцев назад +6

      I would even say that my dash cam isn’t working. I would never verbalize that I was recording. Save that for court.

  • @chawndel8279
    @chawndel8279 Год назад +591

    Problem is, fighting it in court doesn't go well for poor people who can't afford a lawyer, let alone a good one.

    • @avenue8822
      @avenue8822 Год назад +50

      If you are fighting a legit unlawful arrest or search, there are plenty of attorneys out there that would take the case. If anything, they would be looking at a potential out of court settlement with the department.

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад

      Well for anyone, really. But poorer people are worse by this type of thing.
      Fight it in our corrupt courts when they've justified unlawful actions of cops. It's all rigged.

    • @Chancentrane
      @Chancentrane 11 месяцев назад +45

      @@avenue8822 you’re confusing the CRIMINAL defense (which is what this commenter is accurately referring to) and the subsequent CIVIL lawsuit. There’s no “out of court settlement” for successfully defending yourself in criminal court, that only comes from successfully suing the department in CIVIL court.
      You do understand the difference between criminal and civil courts, right? 😬

    • @avenue8822
      @avenue8822 11 месяцев назад +12

      Maybe you should read my response again. And yes, I understand the difference between Civil complaints and Criminal complaints. Probably more so than you do The majority of people commenting here have been referencing situations involving Police abuse of power and authority, along with the 'qualified immunity' argument. So you are speaking for the person who posted the original comment now? What makes you think he/she wasnt talking about civil lawsuits?
      @@Chancentrane

    • @chawndel8279
      @chawndel8279 11 месяцев назад +49

      @avenue8822 I was not referring to civil suits, I was referring to defending one's self in criminal court. Lawyers don't beat down your door to take your case, especially if you don't have money to pay them.
      Sure, if it's going to be something high profile they can make a name off of, sure. But, just because you had one of your rights violated or you are falsely accused of something doesn't mean that your case is automatically be attractive to a pro-bono lawyer.
      In the United States, you get the "justice" you can afford. If you think otherwise, you are beyond naive.

  • @tomygun1585
    @tomygun1585 11 месяцев назад +25

    I went through a DUI checkpoint a few years ago. I didn't mind the license check but they were asking a lot of questions that were none of their business. "Where are you going", "Where are you coming from" etc. My stock answer at that point is "That way". Then they get butthurt and things escalate immediately. It's difficult to remain calm at that point but it's all that can be done.

  • @texasgirlmomx2342
    @texasgirlmomx2342 Год назад +184

    3:31 THIS is VERY important!! This is currently known as the Kansas Two Step, no lie. A case before a federal court JUST ruled that, coming back for that "talk", is an extension of the original stop. Stay safe!! Say nothing!! Record the police!! EVERYTIME!!

    • @thehimself4056
      @thehimself4056 Год назад

      Kansas has always had shady gang like cop tactics. Some of the dirtiest cops I’ve seen come from Kansas law enforcement

    • @peacefulrelaxation6456
      @peacefulrelaxation6456 Год назад

      That's right. The Kansas Highway Patrol got caught in court doing this. The KHP are a bunch of lying crooks.

    • @Littlea-hole1
      @Littlea-hole1 11 месяцев назад +13

      Federal court told them the Kansas 2 step will no longer be used or they will be punished

    • @texasgirlmomx2342
      @texasgirlmomx2342 11 месяцев назад +18

      @@Littlea-hole1 and we ALL know how good the cops are at following ANY rules meant to apply to them. 🤦

    • @Littlea-hole1
      @Littlea-hole1 11 месяцев назад

      @@texasgirlmomx2342 yup not at all. They believe whatever comes out of their mouth is the law just like authoritarians and communists. Just like nazis they are only doing their job!

  • @420frankp
    @420frankp 11 месяцев назад +56

    One that should also be mentioned is that even after any fact you gave consent to search, one can also revoke their consent to search. So, even after any search has started, you have the right to tell them to stop.
    Know your rights and learn the laws. Also record any interaction with the officers making sure to get names and badge/ID numbers.

    • @revyu6754
      @revyu6754 5 месяцев назад

      Not that they will stop, and they’re very likely to lie about having found whatever it is that inculpates you prior to when you requested them to stop.

  • @jackreisewitz6632
    @jackreisewitz6632 Год назад +146

    Always Remember: Police live and breathe by the principle of subjectivity. Not Objectivity.
    "I think you're acting suspiciously. I think you seem nervous. I think you appear intoxicated. I think you're acting guilty. You appear to fit the descrition of a person we're looking for. You didn't appear to pass my F.S.T. You responded too quickly. You responded too slowly...." The list goes on and on.
    The important thing to them is to remain under conditions where everything you do is subject to their personal interpretation. Not objective, black and white standards of performance.
    Therefore, don't consent to cooperate with anything where you are tested in subjective terms (subject to their interpretation) such as field sobriety tests, or drug dog searches, Or Simple, Random Questioning.
    Your safest course is to state that you prefer to remain silent, you don't answer questions without having legal counsel present, you do not give consent... And are you free to go??
    You ask the questions. Why am I being held from leaving? What is the clear and reasonable suspicion of a crime justifying their action? What is the law that justifies this action? Who is their supervisor? When will he arrive for you to speak with him?
    ASK FOR SPECIFICS. Not answers subject to interpretation. Where is their warrant? Please allow me to see it now.
    Why is it necessary to "go there" with the police? Because they are trained to be devious in their actions with you. Their attitude is summed up in the language of the Meranda Rights statement: "Anything you say or do can and will be used against you in a court of law."
    They are not seeking to find you innocent. That's the jury's job. Their job is to discover reasons to bring charges against you. That, at least, is always clear.

    • @teamxcelap2
      @teamxcelap2 Год назад +3

      Well, at least you're not super biased! 😂

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад

      Sadly Officer Friend - if he even existed - turned into Sergeant Oppressor, cops cab escalate while we can't defend ourselves.
      The courts are corrupt, so fighting it there is a crapshoot.

    • @jackreisewitz6632
      @jackreisewitz6632 11 месяцев назад +18

      @teamxcelap2 A word to the wise is sufficient. Hopefully, you won't have to learn the hard way.
      I wish it didn't have to be like this. But the standard attitude of the police has become "You are guilty, until proven innocent in a court of law." There's the real super biased attitude.

    • @teamxcelap2
      @teamxcelap2 11 месяцев назад +3

      @@jackreisewitz6632 that's definitely not the attitude, but I understand how it can be perceived that way. Sensei officers have to have probable cause to stop you in the first place, that means that when you first speak with them at the side of the road they already have observed some evidence that you are guilty of some crime. So the motorist will feel like they're being accused, mostly because they are. But that is most certainly not the same as an officer randomly picking out innocent civilians and trying to find some made-up offense that they've committed.

    • @ReasonablySane
      @ReasonablySane 11 месяцев назад +9

      ​@@teamxcelap2you mean things like a "dim" license plate light?🤣

  • @howieziegler3110
    @howieziegler3110 11 месяцев назад +58

    I just saw a video where a man was given a warning for failure to stop. The cops then asked if they could search his vehicle and he said no. They tried to remove him from the driver seat at which time he put the car in drive, and drove off, dragging the two cops with him. He did spend a year in jail, fighting the charges for which he was facing 25 years of life. Essentially a judge acquitted him of all charges because everything that happened after the warning was issued was illegal institutional. He had the right to leave and the cops had no right to stop him. He now has a pending civil suit against cops and the city.

    • @packrat76
      @packrat76 10 месяцев назад +9

      He should have said I don't consent to a search. Anything found would have been non submittable in court. Driving away and putting yourself and the officers in harm's way is stupid.

    • @EgregiousLunatik420
      @EgregiousLunatik420 10 месяцев назад +7

      I watched that. He got a small settlement for what he went through

    • @refuge33
      @refuge33 10 месяцев назад

      365 days in jail as well but it was dismissed
      @@EgregiousLunatik420

    • @jeffreymroberts37
      @jeffreymroberts37 4 месяца назад +1

      @@packrat76If you have the right to leave the over zealous officers have no right to touch you or your property.

  • @JeanPark1980
    @JeanPark1980 Год назад +344

    A big problem is that even if you sue for an unlawful arrest the officers will get away scot free. Qualified immunity needs to go or have more serious consequences.

    • @avenue8822
      @avenue8822 Год назад +9

      Every arrest or traffic stop is a violation of your rights to some people. Let's end qualified immunity, but if someone files a lawsuit, and loses, they need to be responsible for the Officer's attorney fees.
      That would stop about 80% of the lawsuits.

    • @alecb8509
      @alecb8509 11 месяцев назад +31

      ​@@avenue8822The officers attorney is paid by the govt. Why would i have to pay the govt to sue the govt?

    • @jeremyallen9624
      @jeremyallen9624 11 месяцев назад +25

      @@avenue8822 Every arrest or traffic stop is a violation of your rights if you haven't harmed anyone. A crime is an act harmful to another person, not disobedience to the myriad arbitrary laws created by a parasitical ruling class.

    • @avenue8822
      @avenue8822 11 месяцев назад

      Unless the Department is named in the lawsuit, the Officer is responsible for legal representation. But even if that was the case, which it isnt, why should the tax payers be on the hook for a frivolous lawsuit? @@alecb8509

    • @avenue8822
      @avenue8822 11 месяцев назад

      Sorry to burst your bubble, but that isnt true. You would need to have a basic understanding of the roles of Government to understand why. @@jeremyallen9624

  • @michaelalbert8474
    @michaelalbert8474 11 месяцев назад +10

    This video should be mandatory viewing for ALL drivers!
    Great advice with number 10 being the most important!
    DO NOT CONTRIBUTE TO ESCALATION OF THE ENCOUNTER!

  • @al1383
    @al1383 Год назад +93

    Every K9 should have to keep track of the number of false positives

    • @avenue8822
      @avenue8822 Год назад

      K-9's have been pretty much phased out in Police work

    • @Well-thatmakessense
      @Well-thatmakessense 11 месяцев назад

      ​@@avenue8822interesting misinterpretation of facts

    • @writerinfact1768
      @writerinfact1768 11 месяцев назад

      I think it was Utah's Supreme Court that led the "drop K9 drug searches" because the "training" of both dog and handler was slim-to-none, and the false positives were far more prevalent than false negatives, even when the test was a double blind and neither the handler nor the observer knew whether there was actual contraband being used. Drug searches (or whatever) are very different from S&R searches, for which the dog is provided something worn by the missing person. The drug dog doesn't get a "target".

    • @bradbrown6034
      @bradbrown6034 9 месяцев назад +11

      You're funny Avenue8822

    • @avenue8822
      @avenue8822 9 месяцев назад

      Clarification - Drug K-9's are pretty much phased out in Police work. @@bradbrown6034

  • @brianmurphy6760
    @brianmurphy6760 9 месяцев назад +11

    I think it is outstanding, and commendable that lawyers like you take the time out of their day to just help inform the public about laws, and our rights as citizens. Everyone should take the time to know these facts, and familiarize themselves with the rights bestowed on us at birth that so many have fought, and died to preserve. We all should humble ourselves, and never take for granted just what a unique, and special country we share together that we the people are guaranteed rights, and individual freedoms. Thanks so much. New subscriber.

    • @RickDickulous-t6g
      @RickDickulous-t6g 2 месяца назад

      In a life and death situation when seconds matter most,
      Cops will be minutes away

  • @DavidM2002
    @DavidM2002 Год назад +56

    1:50 What bothers me about the "what do you have to hide ?" question is that, from my perspective, I've done nothing wrong and have nothing bad in my vehicle so the only reason that you could want to get inside is to plant something. So, it's all downside risk to allow the search. Sorry officer, but, respectfully, no thanks.

    • @baptizedinblue
      @baptizedinblue 11 месяцев назад

      If you have been pulled over typically you have done something wrong!

    • @tomasnokechtesledger1786
      @tomasnokechtesledger1786 9 месяцев назад

      Accusing him of potentially planting evidence, may be interpreted as a direct public officer's offense. I wouldn't say like this.

    • @DavidM2002
      @DavidM2002 9 месяцев назад +1

      @@tomasnokechtesledger1786 Nobody accused anyone of anything. I use my words very carefully.

    • @danielthornton1633
      @danielthornton1633 7 месяцев назад

      Police can search your vehicle if they have probable cause. And they can lie about having probable cause. I’ve found that if I give consent, they never actually search the car, but if you refuse consent they will say “hmm it smells like weed in here” (even if it doesn’t) and then he can tell you to step out while he searches you car. The probable cause thing is bullshit.

  • @quincybirwood2629
    @quincybirwood2629 11 месяцев назад +40

    A couple of things you could have added include if a cop is doing a pat down to look for weapons and asks you to take everything out of your pockets, you don't have to do it. And if the cop has a bodycam, ask them if the bodycam is on or why it's not blicking. It's amazing how many cops try to not turn on their camera and later claim they forgot to turn it on.

    • @baptizedinblue
      @baptizedinblue 11 месяцев назад +2

      Not all body cams have visible blinking lights when they are on!

    • @quincybirwood2629
      @quincybirwood2629 11 месяцев назад +7

      @@baptizedinblue Which is a good reason to ask if the bodycam is on.

    • @baptizedinblue
      @baptizedinblue 11 месяцев назад +1

      @@quincybirwood2629 you’re welcome to ask but officers have no legal obligation to tell you!

    • @writerinfact1768
      @writerinfact1768 11 месяцев назад

      And don't forget ... THEY LIE. Or is that "YOU LIE"? @@baptizedinblue

    • @baptizedinblue
      @baptizedinblue 11 месяцев назад +1

      @@cv6thebige sounds more like your hate is causing you to have a biased opinion. Because the numbers show that less than a half a percent of officers are bad! So 99.5ish% are good and just doing their jobs. People just don’t like being held accountable for their choices to break the law!

  • @kennethisxc7583
    @kennethisxc7583 11 месяцев назад +12

    Definitely putting this number in my phone…Pulled over twice for cruising under Texas speed limit and received a warning….

  • @AmericaFirstNow
    @AmericaFirstNow 11 месяцев назад +27

    The problem with going to court is, You can be innocent, It will cost you a lot of money. And every one in that court room is getting paid except you. And often it's because of the ignorance of the cop.

    • @revyu6754
      @revyu6754 5 месяцев назад +2

      Ignorance, or just dishonesty.

    • @doom4067
      @doom4067 5 месяцев назад +1

      It's not ignorance...

  • @michaelandreas2177
    @michaelandreas2177 11 месяцев назад +12

    When the cop asks "Why not? Got something to hide?" responds with "Tell you what. We'll drive over to your house, you let me in and give me consent to search your house and then I'll give consent for you to search my car. No? Got something to hide?"

    • @realjoecast
      @realjoecast 4 месяца назад

      just don't ask to search his patrol car.. fair chance he will let you examine the back seat (/s)

  • @timothyjones7280
    @timothyjones7280 11 месяцев назад +29

    A lot of times the officer want to plant some drugs in your vehicle because they want you to go to prison for the rest of your life.

    • @mikebe41
      @mikebe41 11 месяцев назад +4

      And unfortunately this is the vast majority of the police

    • @robertmizelle1059
      @robertmizelle1059 6 месяцев назад +3

      If a cop plants drugs in your car. Then that officer should be sent to prison for life.

    • @gregkasza1925
      @gregkasza1925 5 месяцев назад

      @@robertmizelle1059where did you hear that? That’s funny.

    • @Alan-q8v
      @Alan-q8v 5 месяцев назад

      Andvthe6bgetbpintscfora promotion.

    • @Independent-Journalist-Union
      @Independent-Journalist-Union 3 месяца назад

      ​@@robertmizelle1059 Zachary Wester only got 12 years for wrecking the lives of OVER one hundred people

  • @areafifty
    @areafifty 11 месяцев назад +88

    The problem with standing up for your rights is that the police are going to screw you over as hard as possible if you have the audacity to exercise your rights

    • @timothyjones7280
      @timothyjones7280 11 месяцев назад +10

      Yes but if you do not stand up for your rights you probably will end up in prison for a number of years.

    • @shanewoods1980
      @shanewoods1980 8 месяцев назад +4

      Which is why not many are crying when one of the tyrants gets hit by traffic anymore like they use to. Law enforcement is not a “public safety” job as it started out as! If it was about “public safety” then officers would carry spare tail lights and extra tag lights in their cruisers wouldn’t they

    • @gregkasza1925
      @gregkasza1925 5 месяцев назад +1

      They are going to screw you over regardless. Silence is ALWAYS best. I’ll be silent, and I fully expect those cowards to shackle and cage me anyway.

    • @Bighitter03
      @Bighitter03 4 месяца назад +1

      Be ready to fight

    • @gregkasza1925
      @gregkasza1925 4 месяца назад

      @@Bighitter03 defend.

  • @MomIrregardless
    @MomIrregardless 5 месяцев назад +2

    i was born in the fifties, grew up in the sixties.....your videos are VERY useful, but so depressing!!when i was a kid, the police were your FRIENDS, you were taught to go to them for help, they werent hanging about to give out a quota of tickets! i never met an angry, violent, cop until i was well into my fifties! now i am almost seventy, and i wouldnt DREAM of talking to one! or calling one for help!! they scare me! and i, unfortunately, felt it necessary to teach my children the same. it just makes me sad what is happening in our society today. thank you for all the advice!

  • @esuttonjr
    @esuttonjr 11 месяцев назад +11

    Be sure that if you say "no" about searching your car, you follow up with "you can not search my car" or "I do not authorize you to search my car." If you just say "no" with out the additional statement, it could be problematic depending on how the question is asked by the police officer.

  • @raymondcampbell929
    @raymondcampbell929 Год назад +25

    That's the trouble with the system. The lawyer gets paid and the cop usually gets away with the crime.

    • @michaelwightman4358
      @michaelwightman4358 4 месяца назад +1

      This is why we "immediately" file reports after the incident! ✍🏾

  • @saltyolbroad2962
    @saltyolbroad2962 Год назад +33

    Make sure to "invoke" your 5th. Some new case law has a twist - i don't remember exactly - that you have to invoke it immediately or the court now uses it against you because you waited for an incriminating question or somethinglike that. Look it up, attorney dude!

    • @Mikevdog
      @Mikevdog Год назад +4

      Truth

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад +3

      I think the SCOTUS ruled we must vocalize the 5th on the road or even in the I termination room, I forgot which case though.
      Such a catch-22.

    • @Recken1
      @Recken1 11 месяцев назад +7

      imagine having to invoke your 1st amendment before recording or your 2nd amendment before defending yourself. Crazy 🤪

  • @JudyChilds-fu4em
    @JudyChilds-fu4em 9 месяцев назад +50

    You cannot lie to the officer, but the officer can lie to you.💧

    • @ĪndīāñāBūdTøkêr
      @ĪndīāñāBūdTøkêr 5 месяцев назад +2

      Somewhat true, but not 100% true! You can lie to a police officer, as long as it's not in court! 😉

    • @dancingdragon273
      @dancingdragon273 4 месяца назад

      ​​@@ĪndīāñāBūdTøkêrexcept the fbi, that's how they got martha stewart. If the fbi ask you guestions they already know the answers and if you lie or even misquote , you're in trouble

    • @Rogerputman-j3x
      @Rogerputman-j3x 4 месяца назад

      @@JudyChilds-fu4em well it seems unfair but Anything YOU DO Including OFFERING A DRIVERS LICENSE PROOF OF INSURANCE AND REGISTRATION CAN BE USED AGAINST YOU IN COURT AS EVIDENCE THAT YOU ARE INVOLVED IN TRANSPORTATION WHEN IN FACT THIS IS NOT TRUE

    • @jaysworld0007
      @jaysworld0007 4 месяца назад

      ​@@Rogerputman-j3x I'm a bit confused with what you mean here. What part is what you said isn't true?

    • @larrylong4407
      @larrylong4407 3 месяца назад

      My older brother had ms did not walk very good they though he was drunk dum office sir get agrip

  • @petergreen379
    @petergreen379 Год назад +28

    Superb presentation, presenting the language of dealing with a "scary situation" in the vernacular of the people. My personal pet-peeve with videos and coverage of people being arrested is when they announce "I have a lawyer" as if it's a threat. Police officers don't fear lawyers - lawyers know the law. Lawyers aren't some bully or superstar player that's going to make your team win....having a competent and resourceful attorney (as the Attorney above personifies) should be a silent strength and instead of threatening them against law enforcement, one should retain quiet confidence that the Attorney is ultimately in your corner, at the appropriate time. This video is an absolute pleasure to watch and very enlightening.

    • @jimwilliams7937
      @jimwilliams7937 9 месяцев назад +1

      Outstanding video

    • @donsab-xz4so
      @donsab-xz4so 3 месяца назад

      Of course having a lawyer makes a cop think twice.

  • @johndodi
    @johndodi 11 месяцев назад +20

    Remember that cops will say anything to pull you over to run that ID. Two things, they get on a bogus stop. First, they can bypass stop and ID rule and run you for any outstanding warrants. Second, that bogus ticket is going to cost you around 100 dollars and most likely you will pay it because you don’t want to take the time to go to court to fight it. That cop gets paid by your tax dollars to seat there all day in court. Even if the charges are dropped. They won, still got to run that ID.

    • @MomIrregardless
      @MomIrregardless 5 месяцев назад

      a hundred plus for the ticket, and the insurance jump is hideous !! my son got a speeder for literally avoiding an accident caused by another driver, his fine was reduced to $40 costs when he explained. but our insurance went up $1600 a year for the next three years!! what a scam!!

  • @jamesneufeld-b7e
    @jamesneufeld-b7e Год назад +10

    "I do not consent to search." is short and sweet.

  • @oldcop18
    @oldcop18 10 месяцев назад +6

    Remember that if an officer tells you to get out of the car on a traffic stop that’s a lawful order and you MUST get out. The Supreme Court has ruled this is a lawful order. You can and should refuse a request to search your car. Finally, if you’re arrested your car will be impounded and the police will conduct a legal inventory search. Cops are responsible for safeguarding your possessions in the car and the Supreme Court has ruled that inventory searches are legal.

  • @kevinowsley1602
    @kevinowsley1602 11 месяцев назад +50

    Thank you for providing this service! If you could elaborate on Terry searches, it would be very helpful. For many years when I got approached by police, they would tell me they were gonna search me for weapons, but they did a thorough search, because I didn't know about the Terry limits on police. And make sure you record every time! I've invoked my rights, with both the LAPD and the Sheriff's, and they threaten to take you into custody, which they can do for up to 24 hrs, "if you wanna be an axxhole about it" say the cops. Two of the worst police agencies in the country. Also, the ACLU has a free app that when you record these encounters, it automatically copies it to the cloud. So the crooked cops can't delete, and destroying your phone doesn't work either! Sorry this was so long! Blessings

    • @aspenhill1479
      @aspenhill1479 11 месяцев назад +4

      Not too long, many thanks for info. Stronger together, yes?

    • @jackreisewitz6632
      @jackreisewitz6632 11 месяцев назад +2

      I deeply appreciate the information, and thank you for your effort in posting it. 😊

    • @RM-lk1so
      @RM-lk1so 11 месяцев назад

      Awesome info

    • @RM-lk1so
      @RM-lk1so 11 месяцев назад

      Man. I needed this so many times. I know that a civilized society needs police.
      BUT. We need honest cops. Not fkn shit for brains PsOS cops.

    • @ByDesign333
      @ByDesign333 10 месяцев назад

      💯👍

  • @dakotagunter-rx6zd
    @dakotagunter-rx6zd 10 месяцев назад +3

    I agree, be articulate and stand for your rights. But be compliant, it's a solid strategy to not have it escalate. I only wish we had the right to defend our rights as injustice happens, it's not practical, but it's still wrong we have to defend ourselves in court rather than face injustice and wait

  • @1776project-h4d
    @1776project-h4d Год назад +13

    I had a cop pull me over once as I handed him my permit to carry along with my DL he asked me have I been drinking tonight I told him the state that I was in was Zero Tolerance. He gave me a look and said good answer. The traffic stop lasted about 5 to 10 minutes ish

  • @nickabel8279
    @nickabel8279 11 месяцев назад +3

    Think i missed this in the video. When you to get out. Put your windows up and lock the doors upon doing so

  • @1776project-h4d
    @1776project-h4d Год назад +42

    And this is where I'm not a fan of qualified immunity

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад

      The system enslaves instead of obeys the People.

    • @writerinfact1768
      @writerinfact1768 11 месяцев назад

      I believe nobody is except the cops and their unions. And judges, because they get judicial immunity. And prosecutors get prosecutorial immunity. And then there's legislative immunity. And ...

  • @edwardroy3401
    @edwardroy3401 10 месяцев назад +5

    These videos are GOLD. Everyone should be watching them...

  • @murrayshekelberg9754
    @murrayshekelberg9754 11 месяцев назад +12

    Good information. I have been down the "know your rights" rabbit hole lately and this one is well put together.

  • @xlnuniex
    @xlnuniex 6 месяцев назад +2

    These videos helped me greatly when I was pulled over a few months ago. This cop was a real a-hole. I tried answering his questions but he didn’t like my answers. So I invoked my right to remain silent. They then asked to search my car three times. I answered no each of those three times. He finally wrote me the ticket and i drove off

  • @miahdavis8331
    @miahdavis8331 11 месяцев назад +3

    I was once busted for a couple marijuana roaches in my ashtray, cause I was stupid and gave consent to search not thinking about what was in my ashtray. Well the lawyer I had in that case told under no circumstances do you consent to a search even if you have nothing to hide. That advice saved me from more legal trouble down the road

  • @RdeneckTech
    @RdeneckTech 10 месяцев назад +9

    You gained another subscriber. I am a law abiding citizen, however, I understand that sometimes an officer may have just come from a call that involved violence. He/she is human and therefore fallible. "The time to fight is in court, not on the side of the road." Is the absolute best advice for anyone that may feel they were treated unfairly.

    • @belatoth1446
      @belatoth1446 9 месяцев назад

      Basically, you need to kiss the cops a** at the roadside, no matter how they act!

    • @jeffreymroberts37
      @jeffreymroberts37 4 месяца назад

      If an officer can’t disassociate himself from a violent incident to a traffic stop, he should not have a badge and definitely not a weapon. That’s the dumbest thing I’ve ever read.

    • @RdeneckTech
      @RdeneckTech 4 месяца назад

      @@jeffreymroberts37 obviously, you are one of the people in this country that tries to skip the legal process in this country. The judicial system works here, partly, because you can argue in court. If you were genuinely treated unfairly, the court will decide in your favor, there will be an investigation started on the officer, and there are more people involved in the situation. Arguing one person by yourself is foolish. You can't argue your way out of a ticket or detention on the roadside, but you can definitely argue yourself into a lot of trouble. If the officer was unprofessional, it is best to remain silent and allow the officer to continue. Then collect a paycheck from a lawsuit against the department later. If you lose your discipline and escalate the situation, you make yourself look like a fool and/or the idiot bad guy. Allow more people within his/her department get involved with the incident so that you can build a case.
      I'm not saying every officer is always right. I'm saying that working with the judicial branch introduces other officials that do not know that officer, and you have a better chance of coming out on top. Escalating any situation on the side of the road is a fools errand. Escalate it within the court system, and for the sake of sanity, stop trying to degrade people that you disagree with.
      Cheers from Texas!

    • @RdeneckTech
      @RdeneckTech 4 месяца назад

      @@jeffreymroberts37 dumbass

  • @johnwatson9518
    @johnwatson9518 11 месяцев назад +4

    "What is the nature of your investigation officer?" It's either a routine traffic stop or Terry stop. Either license, registration & proof of insurance or "I do not answer questions."

  • @dennisk5818
    @dennisk5818 11 месяцев назад +6

    Good advice. Told my daughters these points when they were learning to drive. Also, be polite. Firm but fair.

  • @leechapa7279
    @leechapa7279 11 месяцев назад +3

    Some good advice. Thanks. Next time a Tulare County deputy stops me for no reason, while I'm riding my bicycle, I have more knowledge.

  • @stevenbaer5999
    @stevenbaer5999 5 месяцев назад +3

    I used to live in Los Angeles CA area almost my entire life and I was harassed and intimidated by the sheriff police officer at least 80 times. I was actually walking around doing no wrong and he stopped me and I told him that I remain silent. He actually let me go but yet he still trying to be excessive talker, I told him that I remain silent.

  • @adambarnes2528
    @adambarnes2528 Год назад +9

    Very clear, very helpful advise. Thank you! There are too many auditors that don't understand the cops first priority is their own safety, and start getting into a heated argument with the cop immediately upon being pulled over. That just makes them more nervous and more likely to get mad at you.

    • @Chancentrane
      @Chancentrane 11 месяцев назад +5

      If an officer’s #1 priority is their own safety, they should just stay at home where their safety can be guaranteed. In the real world, there’s some level of risk in simply venturing out into society, and refusing to acknowledge this fact is just being naïve.
      On paper, an officer’s #1 priority is to protect and defend the constitutional rights of citizens. However, cops HATE this reality and seek to create their own, which is why they try to convince the public to parrot this concept of “officer safety above everything!” Flat-out false “copaganda”, but it seems to be working.
      If you ask me, an officer’s priority list really looks something like this:
      #1 look and feel “tough” and “cool” (this is FAR above everything else)
      #2 officer safety at the direct expense of public safety
      #3 punish and retaliate against anyone who dares to question police authority (as this goes against #1 above)

    • @notahumanbeing6892
      @notahumanbeing6892 8 месяцев назад +1

      cops are safe. how many cops have been killed in traffic stops vs people killed by cops while minding their business? their first priority is (depending on the person) either making quota or getting their jollies by bossing around civilians for no good reason. that’s it.

    • @notahumanbeing6892
      @notahumanbeing6892 8 месяцев назад +1

      plus as a “first responder” meant to “protect and serve” they SIGN UP to be in danger, which inherently means they may be hurt or killed. their job is SUPPOSED to be protecting citizens. this means citizen lives should be ABOVE officers lives, if we wanted to actually be logical about it.

  • @Brittany-ys1zz
    @Brittany-ys1zz 11 месяцев назад +3

    Wow works for you i told a Michigan officer no to a search they got a dog to bark saying it got a hit on my car they tore my car up found nothing then left fast saying they got a call

    • @writerinfact1768
      @writerinfact1768 11 месяцев назад

      Hope you got their names - send the bill to the department.

  • @michaelwightman4358
    @michaelwightman4358 4 месяца назад +2

    Best Tips With Dealing W/ Law Enforcement: Keep calm, in control.. Make clear you DON'T CONSENT & ANSWER QUESTIONS.. Lastly hire if need be a AGGRESSIVE attorney!

  • @lenspin14
    @lenspin14 11 месяцев назад +6

    I never have anything illegal in my car but would tell the cop that “I don’t allow cops to search my car because I’ve seen too many incidents of cops planting illegal substances. I’m not accusing you of doing that, but I’m sorry I don’t know you well enough.”

  • @rhunt0210
    @rhunt0210 10 месяцев назад +2

    The BEST video on police stops EVER. Even the comment community was excellent! As a Black man, I fear for my life with any interaction with police-directed stops. I never know what to say and do. Thank you all for your advice, Jeff Hampton.
    Sometimes, I feel that even if I do everything right I still may be harmed physically or legally. At least I know now that with a dash cam, cell phone and just saying the right things, I might make it to my next destination. This is the right RUclips video to watch and I'm sharing it on Facebook and other platforms.

  • @daithi1966
    @daithi1966 Год назад +30

    "Here is my license, registration, and proof of insurance. This is everything you need to know to write my citation. Please don't extend the stop any longer than is needed to write the citation. I'm now going to invoke my 5th amendment right to stay silent." Repeat as necessary.

    • @RavioliMan_21
      @RavioliMan_21 10 месяцев назад +3

      Yes, indeed agreed. Sometimes they may not even write a citation. You may get a warning but I’ve had cops yank me out of the car for something I didn’t even do, the cop asked for my ID so i started to grab it so I can give it to him and he says I was reaching for a weapon and tased me. They will do anything they can to arrest you. They don’t give a damn about you, they care about making arrest to fill their quota.

    • @jameszander6805
      @jameszander6805 9 месяцев назад +1

      Nope.
      Courts have ruled that your ID is your property.
      Unless you are in a stop and ID state; you are lawfully required to give up your property...your ID...without RAS of a particular crime just committed, being committed, or about to be committed.
      Verify why they pulled you over. I have been twice been pulled over for nothing other than "suspicion" without any traffic or vehicular issue.

  • @mikranger1078
    @mikranger1078 11 месяцев назад +15

    AWESOME VIDEO & TY and could I make a suggestion , MANY times cops will ask this question - Hey do you take any prescription drugs ? What should we do in that instance ? Also MAYBE you can include this in a future video because they actually did this to my wife & with that also charged her with a DUI & she was sober as could be & although it was dismissed it went all the way to Jury & the Jury threw it out because they saw right through the B.S. LIES on the report and the fact was she was only taking thyroid meds but the situation caused us so MANY headaches & other issues for OVER a year as well as financial issues and we happened to be lucky that the Jury saw the B.S. because we didn't have money for a Lawyer at the time . PLEASE PLEASE answer this comment & would really like it if you make a video with this topic in it . Thank Again & Keep doin what you do MUCH APPRECIATED

    • @gregoryfrickey1715
      @gregoryfrickey1715 11 месяцев назад +3

      YUP COPS WANT TO MAKE A BIG DEAL OUTTA NOTHING.........

  • @tomeauburn
    @tomeauburn Год назад +7

    Had an employee who did remodeling and towed a trailer. Didn't give consent and when told that a police dog might have issues with chemicals he carried they searched anyway. They had the dog sniff the container and he hurt the dogs nose. They tried to charge him for hurting the dogs smell but couldn't

  • @RobertBuschlen
    @RobertBuschlen 11 месяцев назад +6

    Lol, I read the name tag of the cops on the video and on first glance thought I saw Dirty Cop where in reality it is City Cop.

  • @johnkillen588
    @johnkillen588 11 месяцев назад +5

    Just say NO!

    • @jimmcdiarmid7308
      @jimmcdiarmid7308 5 месяцев назад +1

      “Do you mind if insearch your car?” Answer “I do not consent to search” not “no”

  • @johnwilde164
    @johnwilde164 11 месяцев назад +2

    I was once going *way* over the speed limit at two in the morning on an empty road. The officer asked "do you know how fast you were going?" I said (lie) No. He didn't have his speed radar turned on, so he just gave me a lecture and sent me on my way.

    • @notahumanbeing6892
      @notahumanbeing6892 8 месяцев назад

      i like to say my speedometer is broken so i can never be sure

  • @Webnotized227
    @Webnotized227 Год назад +46

    remember if the police don't get your money a lawyer will.

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад +5

      Just a tax by any other name.

    • @7citieskid410
      @7citieskid410 11 месяцев назад +2

      Yeah but the lawyers records dont pop up on a job interview or any other background check! 🙋🤷

    • @notahumanbeing6892
      @notahumanbeing6892 8 месяцев назад +1

      at least the lawyer is SOMETIMES on my side. cops always try to fuck you over one way or another, id rather pay the one whos got a chance at helping me out.

  • @JohnLittleJr
    @JohnLittleJr 11 месяцев назад +2

    In Michigan you must immediately notify if you have a firearm.

  • @HHTW2022
    @HHTW2022 11 месяцев назад +15

    If a cop seizes your phone and illegally deletes the video of his misconduct, what then? How do you expect to fight it in court? If they're willing to delete your video, will they suddenly be unwilling to delete their own bodycam video?
    This spineless "let them violate your rights and hope the court holds them accountable later" is exactly why we're in this mess to begin with.

  • @jonathankerlick
    @jonathankerlick 10 месяцев назад +2

    This is the best most qualified information I have ever heard explained so well. Thank You.

  • @spincube5734
    @spincube5734 Год назад +5

    You answered scenario questions I've had but never had adequately answered. Thank you Hampton Law !!!!

  • @mathiask7959
    @mathiask7959 11 месяцев назад +4

    There are some states that DO require you to tell the cop if you have a firearm

  • @victotyorvalhalla
    @victotyorvalhalla Год назад +12

    Beautifully laid out 👏

  • @dstevans
    @dstevans 11 месяцев назад +5

    Thanks to the Supreme Court you don't have the right to stay in your vehicle. PA v Mimms (and later Arizona v Johnson) say the driver and passengers can be expressly ordered (not asked) to exit the vehicle.
    Getting outstanding warrants resolved is also a major issue since tens of millions of Americans are going about their day with them. All it takes is missing jury duty after moving out of a state (ie missing the card in the mail) and a tyrant judge throws a tantrum because you're AWOL and slams down a bench warrant. An occasional $30 background check and calling the county clerk is a great idea for everyone.

  • @srhatfield
    @srhatfield 11 месяцев назад +7

    #6 usually goes like this: "I think I smell something in your vehicle. Exit the vehicle so that I can search it." and that's it.

    • @leahanaschaub7930
      @leahanaschaub7930 6 месяцев назад +2

      So (I’m asking) legally I have to get out right, but I would just say as I get out I don’t give you consent to search me or my vehicle?

    • @JoeHurley-wi7fu
      @JoeHurley-wi7fu 4 месяца назад +2

      Supreme Court has ruled smell doesn't work anymore for one the cop isn't trained in over thousand different strains and the odor they put off. Also the fact that delta 8 strains smell just like delta 9 strains.

  • @AGCGartner
    @AGCGartner 10 месяцев назад +1

    We were stopped in TX & figuring it was easier to get the search over . They separated us & I told them "hope u don't find what ur looking for." They didn't & we were back on our way.

  • @brunotheartist
    @brunotheartist 10 месяцев назад +4

    Thank you for this video. I just quit my government job. Law enforcement officers, not the people, but what they are trained to do, is pure evil.

    • @notahumanbeing6892
      @notahumanbeing6892 8 месяцев назад

      certain cops are certainly evil though. a job with such power and little accountability attracts the worst kinds of people and they dont have to pass mental health/mental stability screenings or tests either, there are a lot of wackjobs on the force. acab.

  • @jackhammer8563
    @jackhammer8563 11 месяцев назад +4

    The last time a cop asked if he could search my truck I refused. He asked what I was hiding so I responded by asking him what his bond is worth? He turned white as a ghost. That ended the traffic stop.

  • @mr.funkalicioussplendiferous
    @mr.funkalicioussplendiferous Год назад +4

    Quick point of contention. Terry v Ohio requires not only RAS of the infraction but also RAS that you are armed AND pose a threat to the officer or public. I go by the wording in Terry and never consent to a pat down search. Where RAS of a weapon is concerned, it would be exceedingly difficult to prove since I do not carry weapons.

  • @CNC295
    @CNC295 11 месяцев назад +2

    In many states the moment you touch your phone you pick up a $700 or more ticket. They don't like it when you try to record them so they pass the law saying that you are an inhibited driver because you are using your cell phone. They can cite you even if you're sitting along the side of the road being detained with your car off. And they will cite you

  • @chuckiemeister
    @chuckiemeister Год назад +124

    I completely reject the notion of the time to fight a cop's unconstitutional actions in court. Wouldn't it be easier if the cop just abided by the law rather than you as the motorists having to fork over $5000 for an attorney? It's almost like it's open season on the law abiding public.

    • @WICKEDMagma
      @WICKEDMagma Год назад +14

      What the actual hell is this comment bro 🤡

    • @HitechProductions
      @HitechProductions Год назад +31

      Access to the legal system (it's not a justice system) is dependant on how much money you are willing to spend.

    • @plain6255
      @plain6255 Год назад +23

      Unfortunately, in today's America, Crime is big business. Just know that Mr. Hampton is doing you a great service for free.

    • @davidskjeie945
      @davidskjeie945 Год назад +12

      Then you are completely setting yourself up for an arrest and charge of obstruction of or assault on a police officer, to say nothing of suffering the physical injury arising from the officer's enforcement of his/her commands. Yes, it would be better if the officer just stayed within the limits of his/her authority etc. But, the law highly protects officers' ability to issue commands such that anything beyond verbally objecting to answering most questions and to all searches can yield only more charges against the driver.

    • @tugmeboat
      @tugmeboat Год назад +5

      ​@@davidskjeie945This 10x.
      It won't take you long to find a video where a cop breaks the law and violates rights using excessive force - the fact that the term "excessive force" is commonly known should be enough proof.
      It's better for you to fight in court than to have your next of kin trying to win a lawsuit on your behalf. Or better to walk into court vs. being rolled in a wheelchair. Remember that when a criminal has a gun, you have zero rights. You only have hope.

  • @Cantfindahable
    @Cantfindahable 11 месяцев назад +4

    Sounds like no matter what if you get pulled over you’ll be out some grands defending yourself

  • @davidlanham99
    @davidlanham99 Год назад +9

    What if they say, "Would you mind stepping out of the car?"? I want to say, "Are you asking me hypothetically, if you were to ask me, would I mind? Or are you telling me to get out of the car?". If I say, "Yes, hypothetically I would mind" then they may yank me out on the ground and claim I refused to exit the vehicle and that I was resisting them.

    • @timothyriser8745
      @timothyriser8745 11 месяцев назад +1

      They can't yank you out if your doors are locked and window up, leaving about a 2 inch opening. How many videos have you seen where a police just opened the door. Police stop or no police, anybody can come upon you while sitting in a car. I'd advise anybody keep your car doors locked at all time when in your vehicle.

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад +1

      They can, and do, bust your window.

    • @timothyriser8745
      @timothyriser8745 11 месяцев назад +1

      @user-fe5ns7ts6v I know they can and will do anything they want to. I'm talking about before things escalate. Fear for their lives trumps your fear for your life? Out of control police are getting their due now.

    • @writerinfact1768
      @writerinfact1768 11 месяцев назад +1

      I tend to lock my car doors with the remote when I'm going from driver's side to passenger side to get something from, say, the back seat. Unfortunately, that will not prevent cops from doing what cops are gonna do - which is frequently illegal and unconstitutional, but they're gonna do it anyway because ... officer safety.

  • @leif021
    @leif021 11 месяцев назад +2

    Saying "NO" to the question "Do you mind if I search your car" can be allowing a search. Be careful out there.

  • @Degarth
    @Degarth Год назад +7

    They don't need questions to get you out of the car. PA vs Mimms gives them carte blanche to ask you out of the car. Any tests they want to administer are voluntary.
    And Maryland vs Wilson applies that same unfettered power to ask passengers to exit the vehicle.

    • @G00GleIsACr33p
      @G00GleIsACr33p 11 месяцев назад

      Courts are constantly withering away our rights which lengthens stops, which are revenue schemes anyway.

    • @cooldaddyslick6869
      @cooldaddyslick6869 11 месяцев назад +1

      Yeah but that just means that it's not illegal BUT they still might have departmental policies against it.

  • @samburton4477
    @samburton4477 11 месяцев назад +3

    Good advice, the officer has to articulate suspicion to hold you longer However they don’t have to articulate it to you, Likely just in court.

  • @marc21256
    @marc21256 Год назад +16

    Psychology-based suggestion. Staying silent is hard. That's why one of the published interrogation techniques is to leave long uncomfortable silences and let the person being interrogated fill that silence with something that can be used against them.
    When a cop says "If you don't have anything to hide, you won't mind me searching."
    You can respond: "I'm declining consent because I don't have anything to hide, so a search would be a waste of your time."
    "I'm doing you a favor by saving you time." shuts down the "but you have no reason to decline" while sticking to the "I do not consent" repetition.
    Everything you said is right. But sticking to remaining silent is hard.

    • @jupitercyclops6521
      @jupitercyclops6521 11 месяцев назад +1

      The cop can argue he's/she's got time.
      It's my time that I don't want waisted

    • @AppealToTheStoned
      @AppealToTheStoned 10 месяцев назад

      "I don't have anything that the police would be interested in."

    • @mervyngreene6687
      @mervyngreene6687 10 месяцев назад

      Remaining silent is ESPECIALLY difficult when you are innocent.

  • @StevenHughes-hr5hp
    @StevenHughes-hr5hp 3 месяца назад +1

    I have had them in my front yard and in my back yard. They never asked for ID or who I was, they assumed I was the homeowner (I was) and I never gave them permission to search anything. More just asking them what they were doing. The ones in the back yard at night with flashlights were supposedly looking for someone suspicious in the neighborhood and I just went back inside.

  • @jkmil4981
    @jkmil4981 11 месяцев назад +7

    One Friday nighthen I was still in college a dozen plainclothes cops came into the house, guns drawn, shouting about a warrant to search the house and asking for my brother.
    I asked to see the warrant and the main cop shoved his gun and badge in my face saying "This is all you need for now"
    I replied that's what court's for.
    After an extended search of th entire house, when the main cop came over to me and very casually said. "We're are going to bring some dogs in to search, if that's okay."
    I replied "You're going to do what you want to do, but I'm not giving you permission to do anything."
    I could see that made him mad so I apologized and explained that I was.in college and had an image to maintain.
    They found nothing but arrested my brother. Took him to the local precinct and held him there over a holiday weekend, never took him to central booking and no one showed up for his arraignment on the following Tuesday.
    The judge was dumbfounded, he'd never seen that happen before. The "warrant" was for a failure to appear on a trespassing in a public park after dusk bench ticket. The judge was going to dismiss miss the whole thing, but misplaced the paperwork (I'd bet my brother stashed it somewhere given any opportunity to do so)
    I suggested he try to sue the cops but he declined, out of fear of retribution and nothing more came of it.
    But as angry as the whole thing made me I'm glad I was home to mitigate the situation

    • @notahumanbeing6892
      @notahumanbeing6892 8 месяцев назад

      that is AWFUL

    • @doom4067
      @doom4067 5 месяцев назад +1

      The owner of the house would be the one to sue for the illegal search. It sounds like they only had a bench warrant for your brother's arrest, which isn't a search warrant.
      They also didn't typically serve bench warrants. They either had a very boring shift or really had it out for your brother.

    • @jkmil4981
      @jkmil4981 5 месяцев назад

      Oh, they had it out for my brother. But they knew they were doing wrong.
      I mean they wouldn't didn't show badges tell me what precinct they were from and didn't even show up for the arraignment.
      Bad all over.

  • @Me-2-l8r
    @Me-2-l8r 11 месяцев назад +1

    You can also revoke concent at any time

  • @Mr_d_a_n_k_420
    @Mr_d_a_n_k_420 4 месяца назад +3

    It might be a good idea to mention that simply remaining silent isn't exercising the right to remain silent. The courts have decided that you actually have to say "I'm exercising my right to remain silent" in order for those protections to be available. It's surprises me how many people don't know that little fact.

    • @KeystoneInvestigations
      @KeystoneInvestigations 4 месяца назад +1

      Exactly! Sitting there and not saying a word will do more harm than good.

  • @TheHippieatheart63
    @TheHippieatheart63 4 месяца назад +2

    Anything you say can, will be twisted, and used against you in a court of law.

  • @tomnisen3358
    @tomnisen3358 11 месяцев назад +3

    In Rodriguez, they can't detain for more than 20 minutes without probable cause!

  • @garyg7647
    @garyg7647 11 месяцев назад +2

    I believe you can revoke permission to search any time.

  • @crazysquirrel9425
    @crazysquirrel9425 Год назад +5

    Make a sticker that says I am exercising all my rights at all times, including the right to remain silent.
    Add in UCC 1-308 and I do not consent to anything.
    Place said sticker on the Driver's side window.
    Make is big enough for their camera to see and record it.

  • @willsrestorations
    @willsrestorations 11 месяцев назад +2

    You forgot to mention that it is a pat down which means they can't put their hands in your pockets or in your coat pockets or inside anything you're wearing. They can only pat the areas they deem necessary

  • @angryagain68
    @angryagain68 Год назад +53

    Keep it very simple like this: Keep all doors locked. Windows up. Have Drivers side down just enough to pass license, registration and insurance back an forth. Keep quite. Say absolutely nothing. Video everything. Do not allow them to interact with your passenger(s). "If" ordered out of the car, (no problem) remove keys (Keep them in your hand and do not hand them over under ANY circumstance) Step out, close door and lock it behind you. (Slam it shut if they are hanging onto it) Refuse the roadside "field sobriety tests" (AKA, "Stupid Human Tricks") Demand a blood draw with your Attorney present instead. Invoke your Fourth, Fifth and Sixth Amendment Rights. Keep reminding them that you do not submit to any search's, and they cannot continue to question you with out your Attorney present. Put that on repeat EVERYTIME they ask you a question. (Because these morons will.) Don't talk about where you are coming from, what you are doing, going "fishing" who you work for etc. Keep your yap shut!

    • @thehimself4056
      @thehimself4056 Год назад +5

      I keep the windows up and display my license in clear plane view for them to see. You don’t have to surrender your license unless you are arrested.

    • @angryagain68
      @angryagain68 Год назад +1

      All States require that you "Provide" your License, Vehicle Registration and Insurance". You might want to check and see what your State's legal definition of "provide" is. If you want to play the "write it down while I hold it up to the window game", well, go ahead. I've seen it go fine and bad at other times. Choose the hill you want to die on as it were.

    • @teamxcelap2
      @teamxcelap2 Год назад +3

      ​@@thehimself4056false. Many states have laws requiring you to provide the license to the officer on a stop. Meaning he gets to physically hold it (to verify it's legit and have it in his possession in case you drive away) so letting the officer see it through the window is not enough.

    • @thehimself4056
      @thehimself4056 11 месяцев назад +2

      That’s called seizure of property papers and things. Those state laws are inferior and illegal. But most people will just roll over and hand everything over. It’s the American way. Give up freedom and liberty to avoid civil disobedience. You do understand that the constitution and bill of rights are above state and city laws right?

    • @angryagain68
      @angryagain68 11 месяцев назад +2

      @@thehimself4056 "Papers and "THINGS"!? LOL. Okay. Ya. The Constitution says: Papers and "Things". Here is what it ACTUALLY says:
      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  • @tevman69
    @tevman69 11 месяцев назад +3

    Personally, I recommend showing your driver’s license but, do not surrender it into their possession. Also, keep in mind, when ‘running you tag’ to confirm the owner of the vehicle, LE can cross-reference that for a ‘picture ID via DMV, before even approaching you, if they want. A lot of unnecessary BS in order to ‘get your goat’ and money.

  • @fredziffel3443
    @fredziffel3443 3 месяца назад +1

    The thing NOT mentioned here... Even if you have given consent to a vehicle search, you can withdraw that consent at any time.

  • @dmsturgeon8762
    @dmsturgeon8762 11 месяцев назад +3

    1. If the officer has already given out his warning or ticket, the stop is over and you are free to leave...if the officer desires to search your vehicle, he'll do or try that before ending the stop.
    2. You can refuse to give consent to a search of your vehicle at all times, even during the stop and you should always state that you do not consent to any searches. The officer will probably do it anyway, but if it is found that he had probable cause for the search anything found would become inadmissible and it could open the door for a federal lawsuit for deprivation of rights.
    3. Even if you gove the officer consent to search your vehicle, you can revoke your consent at any time.
    4. Like you said, an officer can order you out of your vehicle for "officer safety" but they will have to justify what conditions were at play that caused the officer's safety to be at risk.
    5. You never have to answer an officer's questions...the only exception to that is , if you are on probation/parole, which you would be required to advise the officer.
    6. Please cite case law that allows consent to a search, i'm calling bullshit!!
    7. If an officer doesn't have the authority to take your video camera/phone from you or stop you from recording then he doesn't have the authority to take your lawfully carried firearms. If they want to take them they need a warrant, even if its only temporary.
    8. There is case law in both state and federal courts that it a person is allowed to use whatever force necessary to resist an illegal detention/arrest of your person...however, you will be required to justify any actions that you take, both why the arrest was illegal and what force was necessary.
    The best thing to take away is this; if you are stopped while driving your vehicle be polite, provide your license, registration, and insurance...invoke your 4th, 5th amendments and remain silent. If the officer persists his questioning invoke tour 6th amendment right to an attorney, then remain silent. The supreme court has stated that talking to law enforcement is always a bad idea, people should think about that.

  • @markbodoh1019
    @markbodoh1019 Год назад +6

    You can also revoke permission if you did give permission to search

    • @Mikevdog
      @Mikevdog Год назад +1

      ​@@Ayn-Rand-Is-DeadIf they don't, the results of the search are fruit of the poisonous tree

    • @markbodoh1019
      @markbodoh1019 11 месяцев назад

      @@Ayn-Rand-Is-Dead True, but if you are recording the interaction, they are violating the 4th amendment and anything they find is inadmissible.

  • @Marcuswelby-nx2te
    @Marcuswelby-nx2te 11 месяцев назад +2

    Silence is golden

  • @mikehome6137
    @mikehome6137 11 месяцев назад +6

    Well, after reading through US vs Hodge, it was kind of stupid for the defendant to wave them into his residence, hold the door open for them, walk them back to where the package with " a weird green substance " was along with scales. Claiming he didn't consent to search at that point is moot.

  • @williamsekely1476
    @williamsekely1476 10 месяцев назад +2

    More great information! Always think about helping your lawyer.

  • @skaterlover1999
    @skaterlover1999 10 месяцев назад +3

    Don't forget, sign the ticket "under protest" IF you get one. Not signing can lead to issues. Also, in CA, officers now MUST provide reasons for the stop. What i don't understand is...why do they ask for social security numbers 🤷🏾‍♀️ ummm no!

  • @DannyWilley
    @DannyWilley 9 месяцев назад +2

    Thanks, liked the video and feel more educated now!

  • @tomnisen3358
    @tomnisen3358 11 месяцев назад +3

    Always be polite. Plea the Fifth. Your right to remain silent!
    You don't have to assist the police.

  • @tylerwhims3360
    @tylerwhims3360 9 месяцев назад +2

    Excellent information to have, thank you kindly sir.

  • @Stardust_7273
    @Stardust_7273 10 месяцев назад +3

    I would never let an officer search my car, whether or not I had anything in my car.

  • @lazrus7049
    @lazrus7049 6 месяцев назад

    One of the best videos ever. Even law abiding folks need to know this. If I had teenagers I would require them to watch this every day until they can recite these and pass role playing regarding these.

  • @RoknRob46
    @RoknRob46 11 месяцев назад +3

    Thanks for the video, I really like the way you explain that we have a lot of rights that we all at some point didn’t use when we should have, it seems like it’s a time thing because they make it like their gonna keep you detained forever when in fact they don’t but they sure are good at making people feel like they have to do everything they say ! It’s very unfortunate how cops take advantage of people who are docile ! It’s so easy to get cops pissed off and they try and bulldog people !!! Thanks for letting everyone know these rights and hopefully people will do what you are saying as far as our rights !

  • @markdaniel8740
    @markdaniel8740 11 месяцев назад +2

    I'm not a lawyer, please correct me if I am wrong.
    Even if you surrender a right, you can invoke that right later. You can give permission to search, but you can revoke that permission at any time. You can agree to answer questions, but you can always change your mind.

  • @Mikey196601
    @Mikey196601 11 месяцев назад +5

    I wonder, if a cop that objects that you recording the encounter , and you say “ what do you have to hide ,that seems to be what they like to say