Andrew. after listening to your entire explanation on "opening/leaving the door open versus closing/locking", I still need to ask this. At the risk of making the cop mad, it still seems to me, there's an advantage in closing & trying to lock the car versus leaving it open. If I can lessen the cops access/view to anything in my car, I want to. Under Plain View Doctrine, the cop could more easily reach in regardless of unlawful, and look under a towel/cover or even inside my closed console when he has access through the door. We all know not every order or command is lawful, and they will lie and stretch the law to serve their purposes. For you sir, (no disrespect intended) its easy to say go to court (you are paid) and let the court decide. But I am looking for those advantages that I can execute before/UP to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to minimize my risk to those actions.
I'd stay here and gush all day but I'm busy. I'll keep it short with "Thank you, brother for looking after us. We love and appreciate all that you do to protect us. Keep doing what you do, sir. BIG FAN!"
"The officer believes that she has detailed you lawfully." There isn't an expectation that police understand the laws. They can detain you unlawfully and there will be no consequences for the officer.
Exactly, they are 'trained' to choose a person at random, to harass and terrorize, so they can practice their 'training' in an environment outside the classroom, where the textbook answers WILL NOT apply. This is one of the reasons why multiple officers WILL always respond, to learn from real world interactions, and where they are NOT constrained by the officer in the classroom pretending to be a victim.
@@eq1373 Which part am I wrong about? SCOTUS has said cops don't need to actually understand the laws to enforce them. Cops get away with killing unarmed civilians regularly. A "false arrest" wouldn't even make the news.
Police can basically waste anyone's lifetime and get them to a higher stress level because they dont care after that particular day and you will go to people whos work is in court so you will suffer.. Waste of Time
When ordered to get out of your car, you should comply while stating "I don't consent, but I am doing it under protest and under duress." You should always video all interactions with police for your protection.
I certainly hope its never needed, but I bought some "recording the police" insurance. I added a remotely on/off Garmin Mini dashcam to the right side passenger A pillar at the windshield. Its smaller than an Airpod case, captures video and audio. Well worth the peace of mind it brings for the $100 cost. Mr. Flusche recommends dash cams too.
@@im2501 If there IS such an "app" it's likely very new and has glitches in it that a prosecutor can exploit to discredit it, besides which, even with video of the officer's behavior, they're STILL more likely to get exonerated instead of convicted.
Witnesses help. And in common law court against officer the other officers can be your witness n they don't get to bring their lawyer. Just that the corrupt system doesn't want to support common law courtrooms cuz it shows real law at work and not the act of getting out of a process.
EXCELLENT Vids and information - As a certified firearms instructor - I took instructor courses with LEO's. I am not - but the ones I took the courses with ALL yes ALL told me when talking about these topics that often times THEY TRY to get the person to NOT speak - one of the ones I took one instructor course with actually said he TOLD the subject NOT to talk to him and the person kept trying to - so your videos DO help with GREAT information
I've had the police lie and say they pulled me over because my car was smoking. This car had never smoked the entire time I owned it, before or after that stop. I am fairly certain they saw me leaving a local bar, at which I wasn't drinking alcohol, and pulled me over literally about 10 feet from the driveway where I lived. They ended up charging me with drunk driving until they had me use their BAC machine which read 0.0% to which the cop says, "this one is broken, and that's why it was zeros." Like that isn't ridiculous. He then gives me a cup to fill. There's a video on RUclips where this same exact thing happened to a completely sober kid. Because of their bloated egos, these cops just cannot admit they are wrong even when they clearly are.
I love your vids! Very informative, very professional. As a disabled Veteran with significant mobility issues I have often wondered how should I handle the situation if I’m ever stopped by the police. Now I know. Thanks very much. One comment regarding wearing the US flag patch (I’m glad you wear it), the stars should be facing forward.
Jerry - way back when I was deployed, stars forward meant deploying troops. Stars to the left was simply the flag. I don’t know if that has changed. Personally I like the designation difference, since 90% of these people probably haven’t served much less deployed.
That's how I've always understood it. When displaying, but not flying the US flag, the field of blue always goes in the upper left hand corner, regardless of which direction the stripes are pointed. Exception: when its a patch on military uniforms for reasons previously stated.
Regarding rolling up the window and locking the door, what if your concern is if they arrest you and leave the car unattended with an open window and unlocked making it might likely someone will steal things inside or even steal the car?
Thanks Andrew! I really appreciate the different scenarios you present and have had a few encounters, as we all have. I believe it is possible to be courteous and still protect your rights. It is a slippery slope with no guard rails, especially DUI.
I live in Chesterfield VA, when I first moved here in 2013 I was on my way home from work on the motorcycle and rolled up on a 100% checkpoint. I was having a bad day and didn't feel like playing fuck fuck games. The officer asked me to turn off the bike and I did then he asked if I had a valid M endorsement on my license and I replied yes. Then he asked if I could provide proof of insurance registration and my license. I refused and asked him if I fit the description of a known criminal? He replied no we are checking everyone today. I asked to speak to a supervisor. He then asked me to pull forward and to the right to the median. I did, a Sargent approached me and asked me the same thing saying we are checking everyone on the road in this area but he also asked me to take off my helmet. I said to him do I fit the description of a known criminal and run the plates if it the bike comes up hot then arrest me... he said thank you and your free to go.
Buddy, I with you on being questioned less by police, especiallly when on my motorcycle. I 'dress for the crash' and it would be like unwrapping a Mummy to get to my wallet/ID. I keep Registration and Insurance papers in a side bag now, but anything else in tucked in deep. I flip my face shields up, but hate pullin off my helmet as it is tight, and I also have ear plugs, a sweat guard and a head rag for comfort. Also, Cops seem to be overly ready to 'dump' you when stopped. I had one Officer place his hand on my handle bars, and threaten to dump me if I didn't hurry up with his requests. My bike weights 964 lbs! My guess is, they'd do the same to a wheel chair guy!
@@johnshields9110 EDIT: I PULLED A FUCKY WUCKY. NVM my stupid question. Okay. big question: why are you 964 pounds? Are you a bodybuilder or a TLC documentary obese person? Either way, i think it would be hard to ride a bike lol
@@UBvtuber "Why are you 964 lbs? I think it would be hard to ride a bike." Apparently you also find reading comprehension hard. They said the bike is 964 lbs.
@@mikeschinkel It's the truth. Life in this realm is our punishment for sin. It's not supposed to be great...but the trials and tribulations we all face here will become a lot easier to cope with when you place your faith in Christ Jesus. _"Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. For my yoke is easy, and my burden is light."_ Matthew 11:29-30
@@alphaforce6998 - If may be the true in your reality, but it is not the truth in mine. Or said another way, believe what you want to believe, just don't be trying to impose it on me. BTW, your reply was still a total non sequitur in response to that which you replied to.
The video is genius. You were spot on addressing the police sycophant and his ridiculous advice. I don’t tell a police lover how to handle his police encounter, so how dare they tell me. I’ll be taking the advice of a defense attorney.
Every time I watch one of your comments, I feel compelled to make sure I'm subscribed. Those accusing you of click bait can do a self-posterier lip application.
The people of America need these types of men and videos to educate them on a system geared towards abusing you. Thank you Andrew for setting a high standard and helping to educate the public on rights the already have.
One other question that may be important I work for a defense contractor and sometimes carry sensitive documents with me in the car. Do I have to allow police to search my car and my briefcase carrying the documents? The problem is that if you're illegally detained, you still have to shell out money for a lawyer, car getting towed, lost wages, ... , and there is zero chance of you ever getting reimbursed.
They only make those decisions because they know they will never apply to them. Their position has put them way above the law, and us commoners are forced to fight in their game.
Drivers who exit their vehicle are often hit by traffic. Every driver's ed book says people should stay in their car. SCOTUS response, "We don't care about people's safety."
Yes we do. I am hopeful that the newest Supreme Court Justice, a lady of color, is going to bring some different perspectives and decisions that will overturn many of those police protection guarantees, qualified immunities, and "its okay for cops to lie" attitudes. Fingers and toes crossed.
@@obijuan- Need two more after her to change anything and that is not happening. Even if one of the six retires or passes away, you think Manchin would support a tack towards more individual rights. Only if LEOs start staking out country clubs and popping those leaving will you get any change. The laws supporting pretextual stops only apply to the little folks.
I love that despite our "rights", we have to get bullied out of our cars (even when the stormtrooper can't articulate an actual crime), deal with that bs & be late for wherever we were going or worse (station) & all we can do about it is spend the day in court trying to prove we shouldn't have had to do any of that - our word against a cop's. No wonder people don't "just comply". There are people that get this treatment often & they get sick of it.
I understand envoking "The 5th". However, when asked "Do you have any weapons in your vehicle?", even if you don't, wouldn't saying nothing raise reasonable suspension to search? In addition, couldn't many items in your vehicle be used as a weapon like a pen to poke, a bat to hit, a steleto to stab, a belt to whip? So when does a item become a weapon? Thank you.
In criminal cases, pleading the 5th cannot be used as evidence against you, cannot form the basis for RS, and cannot form the basis for PC. The only exception I am aware of is some loitering laws, but that's a whole other topic. Note in civil cases, pleading the 5th can be used against you. The legal definition of weapon varies by jurisdiction, but using a general example: _A firearm, or a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, _*_in the manner it is used, or intended to be used,_*_ is capable of producing death or serious bodily injury._ A sword, throwing stars, pistol, police baton, etc. would be considered weapons because that is their intended use. Your examples of pen, bat, stiletto, or belt wouldn't be considered a weapon unless you actually used them as a weapon in an assault.
@@1SCme , thanks for your reply. The "intended use" is what I thought I'd hear. I'm always leary of that question because I've seen enough movies and read enough books where clever, experienced and/or desperate people have created and utilized items outside of their original intended use to threaten, attack and/or neutralize others.
@@mrpricklypear22 Unless you have a firearm, or have a substantial knife on your person the answer to the question is "no". Any other answer, including invoking your right to remain silent, is just plain stupid. If you have a legal weapon answering truthfully may reduce your chances of getting a ticket, or maybe even shot. If the cops discover something else and want to argue that it's a weapon the argument happens in court, and unless you were actually using or threatening to use something as a weapon when it has other legitimate uses it almost certainly isn't a weapon.
Several times have I told an officer no, I am challenging Pennsylvania vs mimms. I explained that it is illogical to remove somebody who's behind a steel barrier, namely my car door and place the two of us eye-to-eye for your "safety". That doesn't make sense. Explain how me sitting here politely is a danger. So far not one cop has taken the bait. When you tell them you are challenging the memes decision, grab your steering wheel of both hands and say do what you got to do I want this in front of the jury. They always back off. The mistake a lot of people make is not citing what they are doing. They know if this goes in front of a jury they will lose.
Questions about police stops: What protocols should civilians follow if they wish to be pulled over in a safer environment, such as a well-lit parking lot, a crowded store, etc? Obviously, driving for too long is a bad move, but I also shudder at the idea of being pulled over on the side of a 4-lane highway with vehicles doing 80 MPH. What can we do to signal to the officer(s) that we intend to comply and aren't avoiding the stop, but that we want to get to an area that's safer for both parties? Another good video idea might be for how to handle police stops while (legally) concealed carrying. What to say to the officer to ensure you're being truthful while also not giving them any cause for alarm, how to handle hand movements and gestures, etc. Great vids, thanks!
I have seen a video where the suspect vehicle put on the flashers in the situation you described. The LEO PITed the car within a minute, although he was later reprimanded. The short answer is cops think lights mean immediately
@@jeffreypierson2064 He was reprimanded after a national outcry. Look at the first press release after it happened. Then the PIT was a ok. It shouldn't have to go viral to preserve our rights.
Im.not a person that drinks or consumes drugs so I really have nothing to hide during traffic stops, I have handled them this way and I have also answered thier questions and showed them.respect in all cases I was allowed to continue on after the stop however the times I politely remained silent I got a ticket every time , when I answed thier questions I got a warning about half the time . Something to consider if your only offenses are speeding .
(8:20) I think you should always shut and lock your door upon exiting. With a door left open, a cop can kneel down and look around under your seats via the "plain view doctrine." Suddenly, that black dry-erase marker you lost last year becomes a concealed firearm ... and cops end up crawling all over the inside of your car.
5:54 correct me if I'm wrong, but if they decide in the private carpark you are drunk, they can then arrest you for DUI under the assumption that you had to drive to the carpark, and had thus committed an offence.
I saw a video where a man was a paraplegic and several times TOLD the cops his situation. They kept escalating the stop and the man kept telling him his situation. Cops opened up the car door and yanked the man onto the ground ramming the man’s face into the road, very abusive they were!
Andrew, just catching up on some of your excellent and fairly priced legal counsel, thank you. 😉 Two on topic queries, if I may. 1. If asked or ordered from a vehicle, can an individual bring anything with him or herself and have any legal expectation protecting from search& seizure? ie. Zipped/locked back/chest/fanny pack. 2. What, if anything in a vehicle has legal expectation of privacy? ie. Closed/ locked backpack, toolbox, suitcase, glovebox, center console, etc. Thank you for your continued community service (hopefully not mandated 😉😉) and most certainly please keep on dropping reason, knowledge, and experience for the U.S. citizenry, it's truly needed and much appreciated. 💯🏴☠️🎭🤙
This is all color of law, (traffic code), which isn't even law, why isn't this attorney explain all this. You haven't broken anything if traffic code, not even law. Problem is this color of law crap is how they make all their revenue,...get it?....It's all a lie really, a made up system to create offenders thereby reaping the revenue have you ever heard of policing for profit?... and besides a license is for commercial drivers, if your not driving commercially then there is no need of a license. Terminology is a big factor in courts and sad to say you can be right as rain all day long with these traffic cops cause they don't know the real law, just color of law. Its entirely a predatory system to create revenue, that's all it is really, and it's not even law, go figure.
Part of the danger with rolling up the window or closing the door is that officers might try the foot in door trick. If you roll up your window, they might stick their hand in the window. If you keep rolling it up, they "can" arrest you for assaulting an officer.
This has a number of variables to it, especially if you're not in the same state as Officer Andy. If you hold a CDL license, you CAN refuse but it can cost you the CDL marker on your license. While it states that it's a breathalyzer test, they have used this on two friends who then had to argue it in court, one losing the CDL endorsement on their license.
The tinfoil is suppose to protect you from harmful stuff, not reality. Case law is what the courts refer to as "the law" and Mimms is from the one court that can't be overruled by other courts. There's always a possibility that SCOTUS could overrule itself or clarify some points in regards to a previous case but Mimms is fairly straightforward.
If it turns out to be an unlawful detention or arrest, the officer and department should have to suffer some kind of consequences for that, to incentivize them not to do it again. Even if the charges are ultimately dismissed, you've still lost money paying for a lawyer, and potentially spent a few days in jail waiting for your court hearing, which could mean anything from lost wages to the loss of a job. Plus if you're arrested, your car is gonna be towed, meaning you're on the hook for the cost of the tow plus impound fees.
For you it's easy to say, "go to court" (because you are paid) and let the court decide. But I am looking for those advantages that I can execute before/up to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to protect myself from the police and minimize my risk to those actions.
How about this situation: I'm an out of state driver (no where near home). Trooper outright lies to me by radaring a truck which is passing me, and then telling me that he radared me at that speed. Demands I get out of the car and says "You KNOW I'm going to search your car, right?" Now in this scenario, no, I was not speeding, and I had nothing illegal in the car, but what is to stop the officer from arresting me anyway on whatever charge he feels like making up? How about threating me with a bogus ticket knowing that I'll never come all the way back to middle-of-nowhere Arkansas to fight the ticket? They made me sit on the hood and look down the highway while they went through my car and would not allow me to watch. How is a person supposed to stand up against multiple police, a K-9 unit, being out of state and being threatened to be arrested? Seems like other than letting them search my car, the BEST case scenario would have been to get arrested, spend a few hours in jail, receive some trumped up ticket which you KNOW the local judge would have upheld, pay for my car being towed and to get it out of impound, and been generally screwed. Worst case scenario is the cop planting a small amount of marijuana in my car and me spending years in an Arkansas prison.
Seems like asking “is that a request or are you ordering me?” (To step out of the vehicle) is just a smart way to definitely establish which it was, so the cop cannot later claim you voluntarily did so. That can make a difference depending on what happens next, right?
My mother is Teresa and she’s been asked to exit the car numerous times. But seriously… we have multiple police jurisdictions near me. One of them likes to cross the line & sit in a business parking lot watching a 5 way intersection. My question are this…. What is your thoughts on police setting up traps from another jurisdiction. Also- some stop signs are technically in another jurisdiction. Do they have rights to give tickets if you fail to stop at a sign that’s posted in other area?
Thanks for an excellent video & an actual follow up that addressed specific questions which is rare for this format. I do think it’s a good idea to lock the car. If the PC is against the car & not the person (the dog ‘alerted’ to the trunk area) then searching the driver for keys would be a 4th amendment violation. I agree that it will “irritate” the officer.
What about the opposite scenario? This year, my vehicle was safely off the side of the road and I was out of the car trying to dig away snow (not obstructing any traffic). No keys were in the ignition either. A cop came by and DEMANDED I get into the car. (I likely stupidly complied)… they then proceeded to ID me and run a background check.
Concrete question (never happened to me but could): I am European and am in the US for work for my company (or am just taking some extra days after a business trip). I rented a car to move around. The police stop me. I give license and registration as ordered. Do I refuse to step out if they ask? If they detain me because they suspect I am intoxicated (I rarely drive after drinking anything alcoholic and never do so in the US), what are my best options? Call the company to provide me a lawyer? Can I ask the police to take at least my working materials with me as they are valuable company property (e.g. company laptop and phone)? Can I get my passport back or can the police hold on to it? A clarification would be very useful, thank you.
As a disabled person with severe heat intolerance I have wondered if I can be forced to turn off the engine/AC during a stop. On a very hot day I simply would not do it, because if forced to it would amount to murder.
What if you have a car with one of those combo locks? If you lock it up, they can’t get in without knowing your combo. They can’t compel you to tell them your combo, right? But what if they still want to search it? Will they break in or something?
Awesome video and channel. What’s the protocol for reporting officers speeding or breaking the law? I’ve called in a couple times for cops speeding (they ALWAYS are) and they ask if I would like to report a complaint. Complaint? They are speeding. Shouldn’t they issue them a ticket? I got a ticket one time based solely off a witness. I was at work one day and a cop came in and gave me a ticket. He said a lady told him I was reckless driving… I went to court and lost. Maybe that’s different because reckless is a crime? Idk. This last time a cop was speeding in my new town I just sent them a photo of the license plate on Facebook messenger and told them what I had seen - including crossroads and times and roads and speeds. At first they ignored it but then a few days later I asked them what the status was. They said sorry they had been busy but they would file the complaint. I had told him that it’s speeding in a ticket needs to be issued. That was like in the original message. So then a week later I messaged them back and I said has the ticket been issued? Still no reply so accidentally last night which is a couple weeks after that, I sent them a message saying they are lucky I’m too busy to pursue this but they need to stop being fucking hypocrites. I’m probably on some kind of a list now unfortunately I probably should not have sent that last message but I was kind of pissed off because I drove past that street again remembering it. I told them they need to keep themselves in check.
Seems to me that denying a request is a short path to an arrest. While it may provide the most protection when you do get arrested, it would be safer and better never to be arrested in the first place. If there is no reason for them to arrest you, for example if they suspect dwi but you are 100% alcohol and drug free, compliance will probably get them to leave you alone 9 times out of 10 or at worst give you a ticket for reckless driving or whatever they saw. If they do arrest you anyway, there's no way they could use a clean tesr against you
A question I have is, when being pulled over for a traffic stop, is there a limit to how far the police officer can assert himself. For example, in this video I have seen "re-enactments" of police leaning on your window frame and even putting their head through the open window, isn't that a breach of some kind like a type of non-consensual entry into the vehicle?
Andrew is absolutely right about not admitting anything. I got pulled over driving down a road in the middle of nowhere at like 12am. I was doing 70mph in a 55mph and the officer asked me why I thought he pulled me over and how fast I was going. At the time I figured being as forthright as possible would be best so I told him I was speeding and that I had been doing 70mph. About that point I realized that I had messed up because he hadn't gotten me via radar he just pulled the guy in the Mercedes over because that was the only car on the road and the idiot driver admitted to speeding and got himself a nice fat 15mph over ticket. You would have thought the jackass could have written it for 10 mph over as a thank you for me being so generous and fully admitting fault but nope. If I had kept my mouth shut I would have saved myself $250. Lesson learned though. Last time I got pulled over and the officer asked if I knew why he had pulled me over I said no. The officer was really nice and told me that I was in a 25mph zone and was doing 50mph but amazingly didn't give me a ticket. I had seen the sign but thought I had seen another that said 45mph hence the difference. I've got a heavy foot so have had a lot of interactions with the police, especially when I was younger. They should name some roads after me because I swear I have paid for them. Cruise control is a beautiful thing and keeps me out of trouble.
Two years ago I was leaving a Retirement Party, for one of our Members, from a Tavern and a Police Officer pulled me over for a Fictitious Burnt out Tail Light After he got my Driver's License from me he asked me how much I had to Drink and I Refused to Answer then he stated "Step out of the Vehicle Please. I asked him if I was under Arrest and he said No so I said I Politely Refused. Then He told me I was under Arrest, I Refused a Field Sobriety Test then Refused a Breathier and ended up in Court with my Attorney and not only was all the Charges Dismissed do to "Lack of Evidence" 3 months later they had to Reimburse me for the Money that I had to pay to get my Truck out of Impound.
Something that didn’t make sense. The example you gave of the woman refusing to get out because it was a request. Moments later she was arrested and ordered to get out. You said at least she didn’t get out and incriminate herself. But moments later she did get out cause she was arrested. So it appears getting out wasn’t what would’ve incriminated her. It was participating in the field sobriety tests. Couldn’t she have gotten out but still refused the sobriety tests?
I've always seen and heard that I should flex my rights and all that stuff, my question is how do any of the things you recommend doing change or not change if I'm legally conceal carrying a firearm? One example here where I live is that I'm required to inform any officer that I'm carrying assuimg its a stop and not just a concentural encounter. I'm in South Carolina but I'm still curious what you have to say. Thanks.
In Virginia when police run your tags your CCP pops up. The police in Yorktown have to wait for backup before approaching a vehicle with plates registered to a CCP holder. Happened to my wife. BTW, in virginia you don't have to inform the police you are armed. The police prefer you do, per being pulled 4 times and asking the officers.
I'm truly not trying to answer your question. it would depend on where you are. I'm here in Middle Tennessee and we are constitutional carry now. but before that they come up with the kingdom law in 2014 which made your vehicle an extension of your home. this law allowed you to have a firearm loaded and one in the pipe ready to go. of course prior to this law you had to have the gun in the ammo in a separate place and had to make three moves to actually have it loaded and ready to go. with that being said we've come a long way here in Tennessee.
I watched your videos about what to do during and after a traffic stop. What I need to know is what happens after the stop is complete and you believe certain rights have been violated ie: How to show there are legal questions about the stop, who should know, do I always need a lawyer, who bears the burden of proof? Do all questions about traffic stops require me to bear any or all of the financial costs?
Make sure all you lights work. I had to have a little chat with an officer because my license plate light didn't work. No big deal because everything else checked out but I wouldn't have been stopped if the light worked.
What if you're ordered to exit the vehicle and leave the door open? I was told to exit the vehicle as ordered, but close the door against the order because leaving the door open gives the police implied consent to search because the door was left open.
When I was around 22 or 23, I got pulled over (seemingly out of nowhere) in my bright red Firebird and was ordered out of the car immediately. I was so scared! It turns out there was a car jacking involving a bright red Firebird and the officer wanted to make sure I wasn't kidnapped and being forced to drive the car! Whew!
I've also wondered about the indicators that show when an interaction with police is consensual or voluntary if no flashing lights or other indicators are present? Is it best to not raise this issue and just let the LEO step into a trap of his pwn making?
I've been arrested many times. : / It has been my experience that if you're being ordered out of your car, you are being arrested. In this situation ( any time you exit your car for the police) you should roll up yourr windows, lock all the doors, AND leave your keys in the ignition. Shut the door behind you. I've had my car left right where it was (untowed). If they are arresting you, they have to get a warrant to search your car because they are in possession of your car and they have time to do so. If it's unlocked they, or the tow company, will do an "inventory" in case of theft. That way you can't say there was a diamond ring in there that is now missing. Now if by some miracle you don't go to jail you can avoid having to call a locksmith (because you left your keys in the ignition) by keeping a spare door key wired up somewhere behind your bumper. That has saved my a** many times. Live free, and good luck.
What if you were pulled over for tag violation and driving while revoked and the officer asks to search the vehicle and you say no they then give you tickets and say your free to leave but you can't drive so you start walking and get one and a half blocks away then they rush and tackle you because they said a k9 hit on the vehicle?
Can I record a Veterans Administration employee in my home? I know I can not record video or audio in a VA facility, due to Hipaa considerations. I am in the vA GPD TIP program, I am told that I have no rights as a tenant, after being forced to endure biweekly inspections/pest sprays , when I have contract that states “I am responsible for pest control” and also states that I am “ only required to allow monthly inspections with the occupant present,” yet in writing they state “they will enter if I am present or not” and now are claiming to the VA “that I do not respect authority and am a trouble maker,” which costs myself earned services, because of their (perceived by myself) lies. I have a contract, signed by one entity (only one ever given and a guide to services) yet they claim I am a sub lessee with not rights, they have multiple different contracts with tenants at the same location that are conflicting, and are throwing myself out for demanding dangerous conditions be repaired for the disabled tenants they serve. Stairs -landing -decking sewage -trash removal- broken glass, and as persons of power they have tried to intimidate my mentally il person, with financial, eviction, they predate notices, and are paid to provide rent and clinical assistance, yet do not, but do charge the VAand myself for services, I do not receive and expose my person to large amounts of pesticides when I have never had a pest problem. Wichita KS
I have injuries to both hips; I can't walk a straight line, as I have to fall either left or right to support full stage walking. Sometimes, I rely on a cane, but after seeing an old guy get shot for reaching for his cane, I am very concerned about using one. Plus, it makes me look like an old guy (I am an old guy)!
Firstly this has to change. If they are doing a felony stop they should make it clear to follow a lawful order. Pulling someone out is escalating. In some states denying the sobriety test is automatic license suspension and mandatory fines.
If a police officer orders you out of the car, and you comply, can you insist on closing the car door behind you? Can the officer insist on holding it open? Likewise, if they order a passenger out of the car, can you insist on the passenger's door being closed after the passenger gets out of the car? This could have a big impact on what is readily visible from the outside of your car.
What if they go hands on after a first refusal on a "request"? I have seen that happen on some videos. At that point you really can't tell if the driver is resisting or is just being rag dolled by a bunch of LEOs. In your first video another reason cops order you out is to get you away from your dashcam.
I would really like you to compare and discuss two specific cases that may seem to contradict each other. Pennsylvania v. Mimms, 434 U.S. 106 (1977) Rodriguez v. United States, 575 U.S. 348 (2015) As I understand them... the officer must have reasonable suspicion for the extension of a routine traffic stop to be lawful; i.e. conducting a criminal investigation. A routine, brake light, turn signal, headlight, ect would seem to be distinguished in Rodriguez as different from a "Lawful Detention" under RAS of a crime.
Now, keep in mind, of the Officer saw a traffic violation on public roadways and you are in private property when stopped, so long as they observed you enter, they can still detain for the violation they saw
I have a handicap that makes it impossible for me to put my feet together or balance on one foot easily I've been stone cold sober and failed dui tests
As a note about people with lower extremity or mobility issues, one of the factors, if I read the manual correctly for DWI probable cause is how people exit the vehicle. I have degenerative spinal disease with multiple herniated discs. Climbing out of a car is awkward for me. Mr. Gouache gives excellent guidance about telling the officer. Also, if you inform an officer about a disability, it provides you with institutional remedies under the American with Disabilities Act, totally different than the lawsuit/qualified immunity avenue. But just because you have a disability does NOT mean you are covered by the ADA, and in fact mobility issues are one of the more complicated ones. If you aren't sure, get a lawyer. :)
My Question is when to say yes. If I am sober and just want to expedite the interaction. When I saying I am just eating. And show ID. It’s my choice whether I want to use my rights or not. But at one point would be a bad idea. For example I was staying at my sisters house and set off the alarm. The police showed up. And they wanted an ID, I showed it they left. Now I didn’t have to. But if I didn’t, he would be able to just leave.
If the officer blocks your vehicle in your parking spot at taco bell without turning on their lights or making any other indication of a non consentual interaction?
What if you are physically disabled and cannot easily exit your vehicle. I had to inform an officer that wanted to do A DUI and ordered me to exit that it was because of my disability very difficult to exit my vehicle. The officer let me leave as he was just fishing for things and I didn't have to exit my vehicle, but I was wondering. As I would have to use my hands to lift myself up with the door as help.
As a recovering do-whatever-the-police-say person, I appreciate your practical tips. That is all I have to say. I will now remain quiet. 😆
Sound like the cops will do whatever they want regardless if it is legal or not.
Congratulations on your recovery.
@@sd906238 they can. Your protection comes from the courts. But if you give evidence to the police, it WILL be used against you.
This is a do-whatever-police-say lawyer. Fighting for job security from the sound of it
@@HereticFringe so what kind of lawyer are you?
Andrew you are a great guy. Well informed and educated. Your content is awesome. Keep up the awesomeness 😎
well... is a lawyer you know?...
@@lapepitadeorooficial Grammar is be wonderful much, yes?
@@BasicPsychology101 so? somebody has a lot of free time, dont you?
I am thankful that this Attorney is willing to share this kind of advice with us for free! What a cool guy!
Andrew. after listening to your entire explanation on "opening/leaving the door open versus closing/locking", I still need to ask this. At the risk of making the cop mad, it still seems to me, there's an advantage in closing & trying to lock the car versus leaving it open. If I can lessen the cops access/view to anything in my car, I want to. Under Plain View Doctrine, the cop could more easily reach in regardless of unlawful, and look under a towel/cover or even inside my closed console when he has access through the door. We all know not every order or command is lawful, and they will lie and stretch the law to serve their purposes. For you sir, (no disrespect intended) its easy to say go to court (you are paid) and let the court decide. But I am looking for those advantages that I can execute before/UP to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to minimize my risk to those actions.
@@FirstLast-gv1zl honesty n tips appreciated.
So level headed and reasonable explanation. Defending your rights can come off so abrasive to some, you make it feel welcoming.
I'd stay here and gush all day but I'm busy. I'll keep it short with "Thank you, brother for looking after us. We love and appreciate all that you do to protect us. Keep doing what you do, sir. BIG FAN!"
"The officer believes that she has detailed you lawfully." There isn't an expectation that police understand the laws. They can detain you unlawfully and there will be no consequences for the officer.
Exactly, they are 'trained' to choose a person at random, to harass and terrorize, so they can practice their 'training' in an environment outside the classroom, where the textbook answers WILL NOT apply.
This is one of the reasons why multiple officers WILL always respond, to learn from real world interactions, and where they are NOT constrained by the officer in the classroom pretending to be a victim.
If that's what you believe, then you have no idea.
@@eq1373 Which part am I wrong about? SCOTUS has said cops don't need to actually understand the laws to enforce them. Cops get away with killing unarmed civilians regularly. A "false arrest" wouldn't even make the news.
Police can basically waste anyone's lifetime and get them to a higher stress level because they dont care after that particular day and you will go to people whos work is in court so you will suffer.. Waste of Time
The reason why it makes no sense
When ordered to get out of your car, you should comply while stating "I don't consent, but I am doing it under protest and under duress." You should always video all interactions with police for your protection.
You need video that's already started, if you have to start your camera after the officer goes off on you, they won't let you finish.
I certainly hope its never needed, but I bought some "recording the police" insurance. I added a remotely on/off Garmin Mini dashcam to the right side passenger A pillar at the windshield. Its smaller than an Airpod case, captures video and audio. Well worth the peace of mind it brings for the $100 cost. Mr. Flusche recommends dash cams too.
I think most smart phones have apps where you can say, "I'm being pulled over", and they will start recording
@@im2501 If there IS such an "app" it's likely very new and has glitches in it that a prosecutor can exploit to discredit it, besides which, even with video of the officer's behavior, they're STILL more likely to get exonerated instead of convicted.
Witnesses help. And in common law court against officer the other officers can be your witness n they don't get to bring their lawyer. Just that the corrupt system doesn't want to support common law courtrooms cuz it shows real law at work and not the act of getting out of a process.
EXCELLENT Vids and information - As a certified firearms instructor - I took instructor courses with LEO's. I am not - but the ones I took the courses with ALL yes ALL told me when talking about these topics that often times THEY TRY to get the person to NOT speak - one of the ones I took one instructor course with actually said he TOLD the subject NOT to talk to him and the person kept trying to - so your videos DO help with GREAT information
Thanks for another great video Andrew. I really appreciate you taking the time to interact with your viewers and answer questions
I've had the police lie and say they pulled me over because my car was smoking. This car had never smoked the entire time I owned it, before or after that stop. I am fairly certain they saw me leaving a local bar, at which I wasn't drinking alcohol, and pulled me over literally about 10 feet from the driveway where I lived. They ended up charging me with drunk driving until they had me use their BAC machine which read 0.0% to which the cop says, "this one is broken, and that's why it was zeros." Like that isn't ridiculous. He then gives me a cup to fill. There's a video on RUclips where this same exact thing happened to a completely sober kid. Because of their bloated egos, these cops just cannot admit they are wrong even when they clearly are.
I like the plug at 4:01. Those always get a chuckle out of me.
I love your vids! Very informative, very professional. As a disabled Veteran with significant mobility issues I have often wondered how should I handle the situation if I’m ever stopped by the police. Now I know. Thanks very much. One comment regarding wearing the US flag patch (I’m glad you wear it), the stars should be facing forward.
Jerry - way back when I was deployed, stars forward meant deploying troops. Stars to the left was simply the flag. I don’t know if that has changed. Personally I like the designation difference, since 90% of these people probably haven’t served much less deployed.
That's how I've always understood it. When displaying, but not flying the US flag, the field of blue always goes in the upper left hand corner, regardless of which direction the stripes are pointed. Exception: when its a patch on military uniforms for reasons previously stated.
Videos like this, with actual experts in a field sharing their expertise, are highly important.
OK, the smoke overlay cracked me up!
Regarding rolling up the window and locking the door, what if your concern is if they arrest you and leave the car unattended with an open window and unlocked making it might likely someone will steal things inside or even steal the car?
Thanks Andrew! I really appreciate the different scenarios you present and have had a few encounters, as we all have. I believe it is possible to be courteous and still protect your rights. It is a slippery slope with no guard rails, especially DUI.
I live in Chesterfield VA, when I first moved here in 2013 I was on my way home from work on the motorcycle and rolled up on a 100% checkpoint. I was having a bad day and didn't feel like playing fuck fuck games. The officer asked me to turn off the bike and I did then he asked if I had a valid M endorsement on my license and I replied yes. Then he asked if I could provide proof of insurance registration and my license. I refused and asked him if I fit the description of a known criminal? He replied no we are checking everyone today. I asked to speak to a supervisor. He then asked me to pull forward and to the right to the median. I did, a Sargent approached me and asked me the same thing saying we are checking everyone on the road in this area but he also asked me to take off my helmet. I said to him do I fit the description of a known criminal and run the plates if it the bike comes up hot then arrest me... he said thank you and your free to go.
Buddy, I with you on being questioned less by police, especiallly when on my motorcycle. I 'dress for the crash' and it would be like unwrapping a Mummy to get to my wallet/ID. I keep Registration and Insurance papers in a side bag now, but anything else in tucked in deep. I flip my face shields up, but hate pullin off my helmet as it is tight, and I also have ear plugs, a sweat guard and a head rag for comfort. Also, Cops seem to be overly ready to 'dump' you when stopped. I had one Officer place his hand on my handle bars, and threaten to dump me if I didn't hurry up with his requests. My bike weights 964 lbs! My guess is, they'd do the same to a wheel chair guy!
@@johnshields9110 EDIT: I PULLED A FUCKY WUCKY. NVM my stupid question.
Okay. big question: why are you 964 pounds? Are you a bodybuilder or a TLC documentary obese person? Either way, i think it would be hard to ride a bike lol
@@UBvtuber 1450 cc plus dressage, plus my own weight. Any Officer threating to 'tip you over' should be reported and disciplined.
@@UBvtuber
"Why are you 964 lbs? I think it would be hard to ride a bike."
Apparently you also find reading comprehension hard. They said the bike is 964 lbs.
@@notahotshot Oh... welp you got me there. I misread it and made a mistake: bite me.
4:25 it's a very good question and reminds me what happened a guy who was eating in McDonalds parking lot in Texas a few months ago.
Marijuana odor can't be the sole reason for PC in Virginia. Codified in 46.2 on March 31st.
Great follow up. Good to clarify these things. Keep up the great work.
Please check this out. I do believe that in the state of Georgia if you refuse the quest, it is automatically a DUI charge or something close to that.
It’s hard when we live in a police state and the prosecutors want to make a name for themselves.
ACAB! Defund the Police!
It is difficult when you place man and the ways of man above Christ Jesus and His ways.
@@alphaforce6998 - well, if that isn’t one hell of a non sequitur. 🙄
@@mikeschinkel It's the truth. Life in this realm is our punishment for sin. It's not supposed to be great...but the trials and tribulations we all face here will become a lot easier to cope with when you place your faith in Christ Jesus.
_"Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. For my yoke is easy, and my burden is light."_
Matthew 11:29-30
@@alphaforce6998 - If may be the true in your reality, but it is not the truth in mine.
Or said another way, believe what you want to believe, just don't be trying to impose it on me.
BTW, your reply was still a total non sequitur in response to that which you replied to.
The video is genius. You were spot on addressing the police sycophant and his ridiculous advice. I don’t tell a police lover how to handle his police encounter, so how dare they tell me. I’ll be taking the advice of a defense attorney.
Great video Andrew, love the smoke screen!
Every time I watch one of your comments, I feel compelled to make sure I'm subscribed. Those accusing you of click bait can do a self-posterier lip application.
Or a MY posterior lip application.
The people of America need these types of men and videos to educate them on a system geared towards abusing you.
Thank you Andrew for setting a high standard and helping to educate the public on rights the already have.
EXACTLY CORRECT. Thank you for saying this.
Cool guy in a bow tie strikes again! Great, well edited video with tons of information
One other question that may be important
I work for a defense contractor and sometimes carry sensitive documents with me in the car. Do I have to allow police to search my car and my briefcase carrying the documents?
The problem is that if you're illegally detained, you still have to shell out money for a lawyer, car getting towed, lost wages, ... , and there is zero chance of you ever getting reimbursed.
It is called a federal 1983 suit. If the municipality is in the wrong, they generally settle quickly to minimize costs.
I love the added smoke effect.
Thank you Andrew, thanks to the SCOTUS, we live in a police state. They are all lawyers who should know better.
They only make those decisions because they know they will never apply to them. Their position has put them way above the law, and us commoners are forced to fight in their game.
Drivers who exit their vehicle are often hit by traffic. Every driver's ed book says people should stay in their car. SCOTUS response, "We don't care about people's safety."
Yes we do. I am hopeful that the newest Supreme Court Justice, a lady of color, is going to bring some different perspectives and decisions that will overturn many of those police protection guarantees, qualified immunities, and "its okay for cops to lie" attitudes. Fingers and toes crossed.
@@obijuan- Need two more after her to change anything and that is not happening. Even if one of the six retires or passes away, you think Manchin would support a tack towards more individual rights. Only if LEOs start staking out country clubs and popping those leaving will you get any change. The laws supporting pretextual stops only apply to the little folks.
I love that despite our "rights", we have to get bullied out of our cars (even when the stormtrooper can't articulate an actual crime), deal with that bs & be late for wherever we were going or worse (station) & all we can do about it is spend the day in court trying to prove we shouldn't have had to do any of that - our word against a cop's. No wonder people don't "just comply". There are people that get this treatment often & they get sick of it.
and its getting much worse even
I understand envoking "The 5th". However, when asked "Do you have any weapons in your vehicle?", even if you don't, wouldn't saying nothing raise reasonable suspension to search? In addition, couldn't many items in your vehicle be used as a weapon like a pen to poke, a bat to hit, a steleto to stab, a belt to whip? So when does a item become a weapon? Thank you.
In criminal cases, pleading the 5th cannot be used as evidence against you, cannot form the basis for RS, and cannot form the basis for PC. The only exception I am aware of is some loitering laws, but that's a whole other topic.
Note in civil cases, pleading the 5th can be used against you.
The legal definition of weapon varies by jurisdiction, but using a general example:
_A firearm, or a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, _*_in the manner it is used, or intended to be used,_*_ is capable of producing death or serious bodily injury._
A sword, throwing stars, pistol, police baton, etc. would be considered weapons because that is their intended use.
Your examples of pen, bat, stiletto, or belt wouldn't be considered a weapon unless you actually used them as a weapon in an assault.
@@1SCme , thanks for your reply. The "intended use" is what I thought I'd hear. I'm always leary of that question because I've seen enough movies and read enough books where clever, experienced and/or desperate people have created and utilized items outside of their original intended use to threaten, attack and/or neutralize others.
@@mrpricklypear22 Unless you have a firearm, or have a substantial knife on your person the answer to the question is "no". Any other answer, including invoking your right to remain silent, is just plain stupid. If you have a legal weapon answering truthfully may reduce your chances of getting a ticket, or maybe even shot. If the cops discover something else and want to argue that it's a weapon the argument happens in court, and unless you were actually using or threatening to use something as a weapon when it has other legitimate uses it almost certainly isn't a weapon.
@@1SCme most loitering laws are unconstitutional, that is why now most have been changed to loitering and prowling. Morals vs Chicago I believe.
@@zappyeats2579 Hopefully that's true - they should all be _but that's a whole other topic._
Several times have I told an officer no, I am challenging Pennsylvania vs mimms. I explained that it is illogical to remove somebody who's behind a steel barrier, namely my car door and place the two of us eye-to-eye for your "safety". That doesn't make sense. Explain how me sitting here politely is a danger.
So far not one cop has taken the bait. When you tell them you are challenging the memes decision, grab your steering wheel of both hands and say do what you got to do I want this in front of the jury. They always back off.
The mistake a lot of people make is not citing what they are doing. They know if this goes in front of a jury they will lose.
I love the channel best attorney on RUclips
Questions about police stops: What protocols should civilians follow if they wish to be pulled over in a safer environment, such as a well-lit parking lot, a crowded store, etc? Obviously, driving for too long is a bad move, but I also shudder at the idea of being pulled over on the side of a 4-lane highway with vehicles doing 80 MPH. What can we do to signal to the officer(s) that we intend to comply and aren't avoiding the stop, but that we want to get to an area that's safer for both parties?
Another good video idea might be for how to handle police stops while (legally) concealed carrying. What to say to the officer to ensure you're being truthful while also not giving them any cause for alarm, how to handle hand movements and gestures, etc. Great vids, thanks!
I have seen a video where the suspect vehicle put on the flashers in the situation you described. The LEO PITed the car within a minute, although he was later reprimanded. The short answer is cops think lights mean immediately
@@jeffreypierson2064 He was reprimanded after a national outcry. Look at the first press release after it happened. Then the PIT was a ok. It shouldn't have to go viral to preserve our rights.
Im.not a person that drinks or consumes drugs so I really have nothing to hide during traffic stops, I have handled them this way and I have also answered thier questions and showed them.respect in all cases I was allowed to continue on after the stop however the times I politely remained silent I got a ticket every time , when I answed thier questions I got a warning about half the time . Something to consider if your only offenses are speeding .
(8:20) I think you should always shut and lock your door upon exiting. With a door left open, a cop can kneel down and look around under your seats via the "plain view doctrine." Suddenly, that black dry-erase marker you lost last year becomes a concealed firearm ... and cops end up crawling all over the inside of your car.
And don't forget about cops planting evidence when nobody is watching and becomes your word against theirs ... a no-win situation.
5:54 correct me if I'm wrong, but if they decide in the private carpark you are drunk, they can then arrest you for DUI under the assumption that you had to drive to the carpark, and had thus committed an offence.
I liked that smoke effect in the video! It wasn't real obvious, but it was super funny!
Really appreciate your potent combination of professional knowledge, not so common sense, as well as wit. Thanks for sharing.
I saw a video where a man was a paraplegic and several times TOLD the cops his situation. They kept escalating the stop and the man kept telling him his situation. Cops opened up the car door and yanked the man onto the ground ramming the man’s face into the road, very abusive they were!
Andrew, just catching up on some of your excellent and fairly priced legal counsel, thank you. 😉 Two on topic queries, if I may. 1. If asked or ordered from a vehicle, can an individual bring anything with him or herself and have any legal expectation protecting from search& seizure? ie. Zipped/locked back/chest/fanny pack. 2. What, if anything in a vehicle has legal expectation of privacy? ie. Closed/ locked backpack, toolbox, suitcase, glovebox, center console, etc. Thank you for your continued community service (hopefully not mandated 😉😉) and most certainly please keep on dropping reason, knowledge, and experience for the U.S. citizenry, it's truly needed and much appreciated. 💯🏴☠️🎭🤙
I prefer to avoid contact if possible and avoid conflict by not answering questions or volunteering information as much as I can.
So basically give up your rights or be bullied, arrested, and deal with a lawsuit for years. The only one who benefits is the lawyers
Read the Talmud, that is the point.
@@tylersingleton9284 , says nothing, that’s the point.
This is all color of law, (traffic code), which isn't even law, why isn't this attorney explain all this. You haven't broken anything if traffic code, not even law.
Problem is this color of law crap is how they make all their revenue,...get it?....It's all a lie really, a made up system to create offenders thereby reaping the revenue
have you ever heard of policing for profit?... and besides a license is for commercial drivers, if your not driving commercially then there is no need of a license.
Terminology is a big factor in courts and sad to say you can be right as rain all day long with these traffic cops cause they don't know the real law, just color of law.
Its entirely a predatory system to create revenue, that's all it is really, and it's not even law, go figure.
@@tylersingleton9284 oy vey!
Alternative ?
Legend has it. Any fool that hot out of the car. Never makes it back into the car.
Part of the danger with rolling up the window or closing the door is that officers might try the foot in door trick. If you roll up your window, they might stick their hand in the window. If you keep rolling it up, they "can" arrest you for assaulting an officer.
This has a number of variables to it, especially if you're not in the same state as Officer Andy. If you hold a CDL license, you CAN refuse but it can cost you the CDL marker on your license. While it states that it's a breathalyzer test, they have used this on two friends who then had to argue it in court, one losing the CDL endorsement on their license.
Pennsylvania v Mimms is case law. Case law IS NOT codified law. That is an opinion of a court on the merits of ONE case litigated before them.
The tinfoil is suppose to protect you from harmful stuff, not reality. Case law is what the courts refer to as "the law" and Mimms is from the one court that can't be overruled by other courts. There's always a possibility that SCOTUS could overrule itself or clarify some points in regards to a previous case but Mimms is fairly straightforward.
Loved the shameless plug and smile!
This has become one of my favorite channels!
hahahaha smoke going across the screen when talking about weed. Pretty funny.
If it turns out to be an unlawful detention or arrest, the officer and department should have to suffer some kind of consequences for that, to incentivize them not to do it again. Even if the charges are ultimately dismissed, you've still lost money paying for a lawyer, and potentially spent a few days in jail waiting for your court hearing, which could mean anything from lost wages to the loss of a job.
Plus if you're arrested, your car is gonna be towed, meaning you're on the hook for the cost of the tow plus impound fees.
For you it's easy to say, "go to court" (because you are paid) and let the court decide. But I am looking for those advantages that I can execute before/up to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees.
I want to know what I can do to protect myself from the police and minimize my risk to those actions.
How about this situation:
I'm an out of state driver (no where near home).
Trooper outright lies to me by radaring a truck which is passing me, and then telling me that he radared me at that speed.
Demands I get out of the car and says "You KNOW I'm going to search your car, right?"
Now in this scenario, no, I was not speeding, and I had nothing illegal in the car, but what is to stop the officer from arresting me anyway on whatever charge he feels like making up? How about threating me with a bogus ticket knowing that I'll never come all the way back to middle-of-nowhere Arkansas to fight the ticket? They made me sit on the hood and look down the highway while they went through my car and would not allow me to watch.
How is a person supposed to stand up against multiple police, a K-9 unit, being out of state and being threatened to be arrested?
Seems like other than letting them search my car, the BEST case scenario would have been to get arrested, spend a few hours in jail, receive some trumped up ticket which you KNOW the local judge would have upheld, pay for my car being towed and to get it out of impound, and been generally screwed.
Worst case scenario is the cop planting a small amount of marijuana in my car and me spending years in an Arkansas prison.
Seems like asking “is that a request or are you ordering me?” (To step out of the vehicle) is just a smart way to definitely establish which it was, so the cop cannot later claim you voluntarily did so. That can make a difference depending on what happens next, right?
My mother is Teresa and she’s been asked to exit the car numerous times.
But seriously… we have multiple police jurisdictions near me. One of them likes to cross the line & sit in a business parking lot watching a 5 way intersection. My question are this…. What is your thoughts on police setting up traps from another jurisdiction. Also- some stop signs are technically in another jurisdiction. Do they have rights to give tickets if you fail to stop at a sign that’s posted in other area?
Hello sir..thank you for the laws of ur state. I live here in Surfside Beach SC …of course different laws. Bless u and ur family…
This is a great channel, one of the few channels that I make it a point to watch every vid… keep them coming, they do help 🤙
Thanks for an excellent video & an actual follow up that addressed specific questions which is rare for this format. I do think it’s a good idea to lock the car. If the PC is against the car & not the person (the dog ‘alerted’ to the trunk area) then searching the driver for keys would be a 4th amendment violation. I agree that it will “irritate” the officer.
What about the opposite scenario?
This year, my vehicle was safely off the side of the road and I was out of the car trying to dig away snow (not obstructing any traffic). No keys were in the ignition either.
A cop came by and DEMANDED I get into the car. (I likely stupidly complied)… they then proceeded to ID me and run a background check.
You can assert your rights and still be respectful.
They can start following the law themselves and we will have much of an issue too.
Concrete question (never happened to me but could):
I am European and am in the US for work for my company (or am just taking some extra days after a business trip). I rented a car to move around.
The police stop me. I give license and registration as ordered. Do I refuse to step out if they ask? If they detain me because they suspect I am intoxicated (I rarely drive after drinking anything alcoholic and never do so in the US), what are my best options? Call the company to provide me a lawyer? Can I ask the police to take at least my working materials with me as they are valuable company property (e.g. company laptop and phone)? Can I get my passport back or can the police hold on to it?
A clarification would be very useful, thank you.
As a disabled person with severe heat intolerance I have wondered if I can be forced to turn off the engine/AC during a stop. On a very hot day I simply would not do it, because if forced to it would amount to murder.
What if you have a car with one of those combo locks? If you lock it up, they can’t get in without knowing your combo. They can’t compel you to tell them your combo, right? But what if they still want to search it? Will they break in or something?
Always enjoy your presentations.
Thank you.
Awesome video and channel. What’s the protocol for reporting officers speeding or breaking the law? I’ve called in a couple times for cops speeding (they ALWAYS are) and they ask if I would like to report a complaint.
Complaint?
They are speeding. Shouldn’t they issue them a ticket?
I got a ticket one time based solely off a witness. I was at work one day and a cop came in and gave me a ticket. He said a lady told him I was reckless driving…
I went to court and lost.
Maybe that’s different because reckless is a crime?
Idk. This last time a cop was speeding in my new town I just sent them a photo of the license plate on Facebook messenger and told them what I had seen - including crossroads and times and roads and speeds. At first they ignored it but then a few days later I asked them what the status was. They said sorry they had been busy but they would file the complaint. I had told him that it’s speeding in a ticket needs to be issued. That was like in the original message.
So then a week later I messaged them back and I said has the ticket been issued?
Still no reply so accidentally last night which is a couple weeks after that, I sent them a message saying they are lucky I’m too busy to pursue this but they need to stop being fucking hypocrites.
I’m probably on some kind of a list now unfortunately I probably should not have sent that last message but I was kind of pissed off because I drove past that street again remembering it. I told them they need to keep themselves in check.
Seems to me that denying a request is a short path to an arrest. While it may provide the most protection when you do get arrested, it would be safer and better never to be arrested in the first place. If there is no reason for them to arrest you, for example if they suspect dwi but you are 100% alcohol and drug free, compliance will probably get them to leave you alone 9 times out of 10 or at worst give you a ticket for reckless driving or whatever they saw. If they do arrest you anyway, there's no way they could use a clean tesr against you
Andrew you need to talk to your secretary about smoking in your office.
I know right? That skunk weed smell gets a bit overwhelming .
Really like your videos. Thank you 🙏
A question I have is, when being pulled over for a traffic stop, is there a limit to how far the police officer can assert himself. For example, in this video I have seen "re-enactments" of police leaning on your window frame and even putting their head through the open window, isn't that a breach of some kind like a type of non-consensual entry into the vehicle?
@@garyb6219 doesn't really answer my question, which is at what point does it become a non-consensual entry into the vehicle?
Andrew is absolutely right about not admitting anything. I got pulled over driving down a road in the middle of nowhere at like 12am. I was doing 70mph in a 55mph and the officer asked me why I thought he pulled me over and how fast I was going. At the time I figured being as forthright as possible would be best so I told him I was speeding and that I had been doing 70mph. About that point I realized that I had messed up because he hadn't gotten me via radar he just pulled the guy in the Mercedes over because that was the only car on the road and the idiot driver admitted to speeding and got himself a nice fat 15mph over ticket. You would have thought the jackass could have written it for 10 mph over as a thank you for me being so generous and fully admitting fault but nope. If I had kept my mouth shut I would have saved myself $250. Lesson learned though. Last time I got pulled over and the officer asked if I knew why he had pulled me over I said no. The officer was really nice and told me that I was in a 25mph zone and was doing 50mph but amazingly didn't give me a ticket. I had seen the sign but thought I had seen another that said 45mph hence the difference. I've got a heavy foot so have had a lot of interactions with the police, especially when I was younger. They should name some roads after me because I swear I have paid for them. Cruise control is a beautiful thing and keeps me out of trouble.
Two years ago I was leaving a Retirement Party, for one of our Members, from a Tavern and a Police Officer pulled me over for a Fictitious Burnt out Tail Light After he got my Driver's License from me he asked me how much I had to Drink and I Refused to Answer then he stated "Step out of the Vehicle Please. I asked him if I was under Arrest and he said No so I said I Politely Refused. Then He told me I was under Arrest, I Refused a Field Sobriety Test then Refused a Breathier and ended up in Court with my Attorney and not only was all the Charges Dismissed do to "Lack of Evidence" 3 months later they had to Reimburse me for the Money that I had to pay to get my Truck out of Impound.
This guy does the best job of explaining this stuff, I just hit the subscribe button.
Something that didn’t make sense. The example you gave of the woman refusing to get out because it was a request. Moments later she was arrested and ordered to get out. You said at least she didn’t get out and incriminate herself. But moments later she did get out cause she was arrested. So it appears getting out wasn’t what would’ve incriminated her. It was participating in the field sobriety tests. Couldn’t she have gotten out but still refused the sobriety tests?
Another excellent and informative video. I have always wondered about the officer safety part of Mimms.
I've always seen and heard that I should flex my rights and all that stuff, my question is how do any of the things you recommend doing change or not change if I'm legally conceal carrying a firearm? One example here where I live is that I'm required to inform any officer that I'm carrying assuimg its a stop and not just a concentural encounter. I'm in South Carolina but I'm still curious what you have to say. Thanks.
In Virginia when police run your tags your CCP pops up. The police in Yorktown have to wait for backup before approaching a vehicle with plates registered to a CCP holder.
Happened to my wife.
BTW, in virginia you don't have to inform the police you are armed. The police prefer you do, per being pulled 4 times and asking the officers.
I'm truly not trying to answer your question. it would depend on where you are. I'm here in Middle Tennessee and we are constitutional carry now. but before that they come up with the kingdom law in 2014 which made your vehicle an extension of your home. this law allowed you to have a firearm loaded and one in the pipe ready to go. of course prior to this law you had to have the gun in the ammo in a separate place and had to make three moves to actually have it loaded and ready to go. with that being said we've come a long way here in Tennessee.
When they order you out of the car, can we lock and shut the door? Plus what to do if they grab your door to prevent you from closing it?
If your vehicle is locked and parked in street, and you are in house , can they take your key and search it?
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I watched your videos about what to do during and after a traffic stop. What I need to know is what happens after the stop is complete and you believe certain rights have been violated ie: How to show there are legal questions about the stop, who should know, do I always need a lawyer, who bears the burden of proof? Do all questions about traffic stops require me to bear any or all of the financial costs?
Make sure all you lights work. I had to have a little chat with an officer because my license plate light didn't work. No big deal because everything else checked out but I wouldn't have been stopped if the light worked.
What if you're ordered to exit the vehicle and leave the door open?
I was told to exit the vehicle as ordered, but close the door against the order because leaving the door open gives the police implied consent to search because the door was left open.
When I was around 22 or 23, I got pulled over (seemingly out of nowhere) in my bright red Firebird and was ordered out of the car immediately. I was so scared! It turns out there was a car jacking involving a bright red Firebird and the officer wanted to make sure I wasn't kidnapped and being forced to drive the car! Whew!
I've also wondered about the indicators that show when an interaction with police is consensual or voluntary if no flashing lights or other indicators are present? Is it best to not raise this issue and just let the LEO step into a trap of his pwn making?
I've been arrested many times. : / It has been my experience that if you're being ordered out of your car, you are being arrested. In this situation ( any time you exit your car for the police) you should roll up yourr windows, lock all the doors, AND leave your keys in the ignition. Shut the door behind you. I've had my car left right where it was (untowed). If they are arresting you, they have to get a warrant to search your car because they are in possession of your car and they have time to do so. If it's unlocked they, or the tow company, will do an "inventory" in case of theft. That way you can't say there was a diamond ring in there that is now missing. Now if by some miracle you don't go to jail you can avoid having to call a locksmith (because you left your keys in the ignition) by keeping a spare door key wired up somewhere behind your bumper. That has saved my a** many times. Live free, and good luck.
What if you were pulled over for tag violation and driving while revoked and the officer asks to search the vehicle and you say no they then give you tickets and say your free to leave but you can't drive so you start walking and get one and a half blocks away then they rush and tackle you because they said a k9 hit on the vehicle?
Can I record a Veterans Administration employee in my home?
I know I can not record video or audio in a VA facility, due to Hipaa considerations.
I am in the vA GPD TIP program, I am told that I have no rights as a tenant, after being forced to endure biweekly inspections/pest sprays , when I have contract that states “I am responsible for pest control” and also states that I am “ only required to allow monthly inspections with the occupant present,” yet in writing they state “they will enter if I am present or not” and now are claiming to the VA “that I do not respect authority and am a trouble maker,” which costs myself earned services, because of their (perceived by myself) lies.
I have a contract, signed by one entity (only one ever given and a guide to services) yet they claim I am a sub lessee with not rights, they have multiple different contracts with tenants at the same location that are conflicting,
and are throwing myself out for demanding dangerous conditions be repaired for the disabled tenants they serve. Stairs -landing -decking sewage -trash removal- broken glass, and as persons of power they have tried to intimidate my mentally il person, with financial, eviction, they predate notices, and are paid to provide rent and clinical assistance, yet do not, but do charge the VAand myself for services, I do not receive and expose my person to large amounts of pesticides when I have never had a pest problem.
Wichita KS
I have injuries to both hips; I can't walk a straight line, as I have to fall either left or right to support full stage walking. Sometimes, I rely on a cane, but after seeing an old guy get shot for reaching for his cane, I am very concerned about using one. Plus, it makes me look like an old guy (I am an old guy)!
Firstly this has to change. If they are doing a felony stop they should make it clear to follow a lawful order. Pulling someone out is escalating. In some states denying the sobriety test is automatic license suspension and mandatory fines.
If a police officer orders you out of the car, and you comply, can you insist on closing the car door behind you? Can the officer insist on holding it open? Likewise, if they order a passenger out of the car, can you insist on the passenger's door being closed after the passenger gets out of the car? This could have a big impact on what is readily visible from the outside of your car.
What if they go hands on after a first refusal on a "request"? I have seen that happen on some videos. At that point you really can't tell if the driver is resisting or is just being rag dolled by a bunch of LEOs. In your first video another reason cops order you out is to get you away from your dashcam.
I would really like you to compare and discuss two specific cases that may seem to contradict each other.
Pennsylvania v. Mimms, 434 U.S. 106 (1977)
Rodriguez v. United States, 575 U.S. 348 (2015)
As I understand them... the officer must have reasonable suspicion for the extension of a routine traffic stop to be lawful; i.e. conducting a criminal investigation. A routine, brake light, turn signal, headlight, ect would seem to be distinguished in Rodriguez as different from a "Lawful Detention" under RAS of a crime.
This attorney is amazing
Now, keep in mind, of the Officer saw a traffic violation on public roadways and you are in private property when stopped, so long as they observed you enter, they can still detain for the violation they saw
Am I required to stop for an unmarked cop car. I have actually been robbed on the highway this way
what if it's impossible for you to exit the vehicle?
for example doors are stuck shut, and you can't find a key?
I have a handicap that makes it impossible for me to put my feet together or balance on one foot easily I've been stone cold sober and failed dui tests
As a note about people with lower extremity or mobility issues, one of the factors, if I read the manual correctly for DWI probable cause is how people exit the vehicle. I have degenerative spinal disease with multiple herniated discs. Climbing out of a car is awkward for me. Mr. Gouache gives excellent guidance about telling the officer.
Also, if you inform an officer about a disability, it provides you with institutional remedies under the American with Disabilities Act, totally different than the lawsuit/qualified immunity avenue. But just because you have a disability does NOT mean you are covered by the ADA, and in fact mobility issues are one of the more complicated ones. If you aren't sure, get a lawyer. :)
My Question is when to say yes.
If I am sober and just want to expedite the interaction. When I saying I am just eating. And show ID. It’s my choice whether I want to use my rights or not. But at one point would be a bad idea.
For example I was staying at my sisters house and set off the alarm. The police showed up. And they wanted an ID, I showed it they left. Now I didn’t have to. But if I didn’t, he would be able to just leave.
If the officer blocks your vehicle in your parking spot at taco bell without turning on their lights or making any other indication of a non consentual interaction?
What if you are physically disabled and cannot easily exit your vehicle. I had to inform an officer that wanted to do A DUI and ordered me to exit that it was because of my disability very difficult to exit my vehicle. The officer let me leave as he was just fishing for things and I didn't have to exit my vehicle, but I was wondering. As I would have to use my hands to lift myself up with the door as help.