As a criminal defense lawyer myself I have to say that your method of play acting out the encounter is quite effective. And entertaining. Good educating and marketing.
If a cop asks to search a car you don’t wanna say yes or you don’t wanna say no. Either way, if you say yes or no, (s)he will say you said you gave them consent to search
When I lived in VA about 20 years ago, a cop stopped me and asked if I had been drinking. I said, "I respectfully decline to answer." He asked me to do all the roadside tests. I said, "I respectfully decline." He asked me to take a roadside breathalyzer test. I said, "I respectfully decline." He said that I wasn't making it easy for him to do his job. I said, "That's not my intention, officer. I'm just asserting my rights." He finally relented, and allowed me to go on my way. Moral of story: it is possible to be polite and respectful, while still asserting your rights. As the attorney said, they have a job to do, and we have a job to do.
I had this happen to me before too. The officer claimed he was doing random drug searches. I asked him to explain what he meant by random. Then I asked him if he had probable cause to search my vehicle. He stammered for a few seconds, and tried to say something about my refusal to a search gives him probable cause. I asked him why he stopped me and he went back to random drug searches. Then he went back and talked to his partner, and came back and told me I'm free to go.
Exactly....I think in my opinion Super, you learned a valuable lesson....and here it is : That you basically don't have any real "rights" ....in essence ...if they really want to do something....or charge you with something.....best believe they can.......and even better...if your some big fish criminal type, best believe they will!
My foreman buddy was telling me how he got stopped and asked for license and insurance.....while he was giving it to the cop he asked why the cop pulled him over, the cop said it's because your gas cap was open.....so then cop ran my buddies info and everything was good and let him go so he went back and checked....the cap was closed! It was one of the old school car's when the license plate has to be lifted up in order to reach the cap so in other words there was nothing wrong with the cap at all and there was no way to see it visually one way or the other!!!! Police basically can do what they want....
The most important part of vocally refusing a search isn't just to prevent a cop from getting into your car. Cops *will* get into your car even if it means trampling all over your rights to do it. The *real* reason you want to vocally state that you refuse a search is that you are giving ammunition to your defense attorney should you ever wind up in court.
The thing I don't understand is, unless you are recording it, it is his word against yours. I don't see how you can prove either way that you did or did not consent, or how he can prove either way that you did or did not consent, in court at a later date.
The police need probable cause to arrest you. There is a very thin line they must toe. If she ID's herself and presented the proper paperwork required to drive in that state, they had no authority to arrest her for not cooperating any further. HOWEVER, if she was a known offender or had a warrant, she never would have won in court. Here's my OTHER thought. If that woman really had done nothing wrong she could have answered their questions and simply gone on about her day. The money she got from the state was probably not worth the time and effort it took. Sometimes it's just best to get on with your day.
@@no-bozos "she could have answered their questions and simply gone on about her day" Except there may be a myriad of other things she isn't aware of that would have gotten her in legal trouble. Perhaps there was a female in the area who recently committed a crime, and now they can put her in an area. Or they have suspicion of some minor infraction which she denies and it still doesn't help her in any way - she still gets a ticket. Instead, she decided to hold up her legal rights, which were violated, and she fought the state and won - keeping tyranny in check, albeit in a small regard. Also, if she was a known offender it wouldn't matter. The cops could know that someone driving was known as a drug user / dealer, but without any evidence of criminal activity, they can't do anything.
This is a great video to show to people who tend to bow to authority. I really appreciate it. I showed it to my fiancé, who is the type to acquiesce to anything an authority figure asks, and she found it very enlightening. So thank you, Mr. Flusche. One commend though - what I have seen is that “Officer Andy” tends to phrase things as questions (“You don’t mind if I search your car, do you?”), whereas the modern police officers have learned or been trained how to phrase their requests to appear to be demands with which you must comply. They don’t ask, “May I search your car?” Instead, they say things like, “I need to search your car.” To the uninformed, this seems like an order, rather than a request. It’s important to understand this, I think.
You are 100% right that's why having a cabin dashcam and saying I do not consent to a search and seizure of my vehicle will make whatever he may or may not find hold in court it may also catch him planting evidence but it gives you a higher chance of beating the charges
Well, let's compromise on "if he plants." Most cops in my 60+ years have been very straight-up and ethical, the exceptions merely a poor attitude (which may be a one-day exception due to some family thing).But point is taken: IF a planting occurs, well what d'ya do now, smeghead?
@@dennisanderson3895 No. once a cop starts out to violate your rights, there's no stopping. Lie, fabricate, plant or destroy evidence, whatever it takes.
@@dennisanderson3895 The thing is it HAS happened; there are multiple court cases that someone ended up in jail for dealing iwht a corrupt officer. Only later through appeal and additional evidence was it found the officer planted the evidence. One lady ended up in jail for years and people kept saying "oh everyone says they are innocent"...
For Cthulhu's sake, don't admit anything in front of TWO or more officers! Speaking as a former Federal LE officer, there were times when I could simply "unhear" an admission of a minor offense and let it slide, since I was busy looking for something bigger. But if there are TWO, each acts as a potential witness that the other did/didn't do the job "properly." This is especially true if they are rivals, or simply dislike each other. They will EACH have NO CHOICE but to follow up on even a very minor admission of yours.
I was once with a friend who got pulled over for speeding (he was driving). The cops didn't ask but demanded he exit the vehicle for a search, he stated that he refused to consent to a search and would not exit. This resulted in 2 more patrol cars arriving for backup, he was handcuffed and placed in the back of a patrol car. I was padded down specifically for the first and only time in my life (I did literally nothing but sit quietly in a back seat before that), and the other passengers had to sit on a curb. It was nearly an hour, surrounded by tense agitated cops and flashing lights on the side of busy highway before they let us all go with a speeding ticket. The whole thing was ridiculous and infuriating, and certainly not a night I'll forget.
It probably would have been much better for him to clearly and multiple times state that he does not consent to a search, ask for explicit reason and then follow all instructions from the cops. This should be enough to throw out any "evidence" found during the search, by making it illegal. By physically resisting, it makes the situation worse.
Cops are terrorists. Your friend threatened their entitled sense of authority, so they reminded you, the way terrorists do, that they can do whatever the fuck they want to you. You're (relatively) lucky that you got away with emotional scars.
When I was last pulled over, the officer asked if I was smoking pot, as my eyes were red. I asked him if he had been eating doughnuts, as his eyes were glazed.
I once used my friends driver's license while driving. I got pulled over for a broken rear lense. I showed him my friends license and he said this ain't you. I responded then you have the wrong guy am I free to go? Jail sucks. 😜
I got busted and i knew my rights. The cops violated my rights and just didnt care. I didnt give permission and they searched anyway. The "probable cause" was that they said i was "acting suspicious". One cop found some things and he had to ask the other officer if those things were illegal (pocket knife, teargas-). They were all legal. This one cop seemed to have no training at all. Learned my lesson well.
@@Anarchy-Is-Liberty, that's always a possibility in any police encounter. But if you use a recording setup that uploads live to a cloud server, at least there will be evidence of what happened, even if they "lose" your phone or recording device.
What if you point the camera in a certain direction and the police bring you to a different area of the vehicle out of view of the camera? The camera can't get every angle of the vehicle. Also are you going to quickly set up the camera and turn it on right when you get stopped? Are you going to always have a camera set up and recording in case you get stopped by the police???
I don't answer questions, submit to searches, or perform roadsides (never been asked to take one). But sadly, a jack booted tyrant in Colorado retaliated against me for politely doing so to the point I was forced to sue and won. I won't give a cop anything beyond any legal requirement to ID during a traffic stop, I run a vehicle DVR to capture any attempt to violate any of my rights.
In general, I've found polite cooperation works very well (though I *understand* this isn't always so). I was once stopped walking to a grocery, after being surveilled by a chopper as I crossed through a park) for a "conversation; where am I going, where am I coming from, etc. Fully honest responses. Given it was 1979, his on-person radio was crap and he had to use the radio in the car. When he got back to me, he asked if he could search me. I consented, figuring they are def searching for someone bad and the faster they figure it's not me, the sooner they can focus on and find him. Completely clean. The officer did thank me - on the radio, when they asked if he'd searched me he had a moment and said, "Yes," when he had not yet. He explained they'd been having a problem with a guy exposing himself to kids at school playgrounds; he had just done it a again and while he had a ski mask on, guess who was also wearing brown pants and a blue jean jacket like him although he had a ski mask? Yeah: me. So it was a stashed ski mask the cop was looking for. We were totally cool and we parting with him appreciating me wishing them well on nailing the perv. I've had a few times when cops were looking for a general description that also fit me but cooperation affirmed quickly I was not the one sought; less work for them, not being detained for confirmation for me [I also *always* carry ID]. I realize there is a [very small] percentage of cops who are "bad apples" (as with every occupation) and I've met a few cops-deputies-troopers who were dicks; but on balance, our LE do an impressive job of staying focused and balanced despite the endless negative onslaught they have deal with EVERY. SINGLE. SHIFT.
You are correct that you should have a lawyer for major crimes. In a minor offense where the officer is inclined to give a winning, hostile uncooperative can talk a warning into a ticket.
@@ianbearry285 Don't care, At no point was I hostile or rude, that's a very poor assumption on your part. I sued and won. I see no reason to change my behavior at this point. Enjoy.
What are you talking about? This video isn't a good thing. Its telling people how to get away with doing things they shouldn't be doing. Things that can put themselve and others at risk just to spite the policeman who is just trying to do his job.
Unfortunately everyone enforcing the law should know this too, as they swear an oath to protect and abide by the Constitution. They shouldn't be trained to violate anyone's rights, but that doesn't generate revenue like finding ways to force citizens to pay for their freedom does. It is pretty funny how after decades of police abusing their power over citizens, they aren't even smart enough to figure out why most of the public doesn't trust or support them. It's even funnier now that the very criminal politicians they've always protected and served have literally thrown them to the wolves...
@@JMyoutube1 Probably all over it. It probably accumulates more and more each time they repo and reel it back in lol! Decline the search and hope the Blue doesn't search anyway.
You do good work, excellent work in fact. Thank you for what you do. I'm 67 years old and over the course of my lifetime law enforcement has gone from someone who is approachable and will help you to a more impersonal "to protect and serve" to the predatory and vigorous enforcers of laws no matter how inappropriate or irrelevant your circumstances may be to how the law was written or intended. Sadly, if they can bend it to relieve you of your $800 cash in the bank envelope on the seat of your car, they will claim they had cause to believe it was intended for drugs and confiscate it. Fact is, civil asset forfeiture has now exceeded property loss from the combined vandalism, robberies, and burglaries in our country today. Perhaps you can address this aspect of interaction with law enforcement, ways to reduce having your portable assets from being seized? Thanks again and keep stroking...
@scoobtoober29 in my lifetime law enforcement has gone from an approachable public servant to a project and serve Robocop to outright predators that we cannot trust.
Without Probable cause they have no excuse to search or check the envelope. Envelope in Plain View is not at all probable cause thats invasion of their 4th Amendment. A cop cant find out whats in an envelope unless someone consented to search or has something in plain view that gives them it. The situation in which Scoobtoober29 is talking about could have easily been avoided if the Marine had only simply said I do not consent to searches, he was pulled over for driving slower according to the cop and the money was in the trunk it never would have been found if had simply said I dont answer questions I dont consent to searches am I being detained or am I free to go? Becuase he would have been cited for driving slower nothing else. In this case he sued the City and the Dept and they gave him back about 85% of his money but not all.
WOW I'm really sorry that happened to you thad poehl.....yeah I personally don't trust Police..... there's lots of great men and women who take thier oaths seriously and truly believe they're public servants who are there to protect us from the big tough evil people but........and oh yeah there's a but...... there's just too too too many that see things a weee bit differently.... I was watching the the 700 club show on a Christian TV show and it was about an elderly couple near retirement who owned a flower shop and basically the ATF got wind that they were selling rate and endangered flowers....they raided they're little flower shop and just sent thier lives down the shitter(excuse my language, but that's putting it mildly) so years later after it's all said and done the old timer said he doesn't even like to go outside because of fear of the police!!!! In a nutshell.....in so many words, that's where I'm at...and I believe the majority of us will end up!!!! God be with you friend....may God give you your money back or an even bigger blessing !!!!!
@@ArmaGuyz I don't and did not. But he had the gun. And they know that and many no longer care. All one can do is state his position and hope the officer honors his oath to the Constitution.
He forgot to inform you a much needed advise; I have a dash cam, iPhone positioned inside my vehicle with video activated and a police body cam all operating if pulled over. Your videos are ESSENTIAL and paramount during any law enforcement interactions. Stay calm always but be smart and aware. This assessment I’m giving is from my brother who is a Maryland State Trooper. There are some crooked cops who will plant illegal items during a search and definitely get educated on K9 searches. Knowledge is power.
Yup! and make sure that they all remote upload all footage to somewhere that the cops can't get to! Those devices can be destroyed after all! maryland eh?! Which part?! Is montgomery or frederick county?!
That will not help you when youre trying not to be charged in states where its illegal to record the Police. I dont answer questions and I do not consent to searches am I being detained or am I free to go... SHUT UP DO NOT TELL THEM ANYTHING. All the talk about what youre recording them with is just going to make them get you out of the car and remove you from those things recording and or start a confrontation to delete the video.
@@TENNSUMITSUMA Yeah I know that... My friend used to do lots of 1st Amendment audits however in some states its becoming state law not to be able to record the Police. In other states they have arrested and stuck people in prison for it... for 10+ years... Here in Oklahoma they just recently passed a law that says we can not record police and post it or their dept, or even their Likeness or badge number name or SS# ofc... without breaking the law first offense is a misdemeanor 2nd is a felony... I couldnt believe it but they passed it.. they also made it illegal to interupt any Government meeting and Government being all inclusive even included the freakin School board meetings. Its our Constitutional right to bear arms yet you can be arrested if you break any state law which of course ALL GUN LAWS ARE AN INFRINGMENT however you can still be arrested just like anyone who records the police now has been and can be. Its Fked up situation and shouldnt be and ISNT constitutional or legal yet they do it. theblackwallsttimes.com/2021/02/24/oklahoma-bill-makes-it-illegal-to-photo-or-film-police-dems-vote-yes/
@@ArmaGuyz sounds like it's time to move to somewhere where does allow filming of the cops! If the supreme court said filming the cops (or any public sevant) is legal, can't that be taken to the supreme court and overruled?! I thought federal overrides state?!
On my way to work out of town, I was once pulled over by a deputy (who claimed the 65 mph highway is only 55 from city limit to city limit). He claimed he could smell alcohol; I said I'd had a few whiskey and coke when I got home from work that morning and told how many HOURS I'd slept after them. He requested (demanded) I perform [EVERY] field sobriety, which I did. When done, he actually said, "Well, sir, *I'm* detecting impairment but I'm going to let you go," instead of, "Darn, I guess I was wrong because you actually aced all the tests." I wanted to tell him he was just too prideful to admit he wrong but reckoned that to not be a smart thing to say to him. :-) I *will* say I never expect that scenario to go the same again. Silence is golden...and I like gold!
@@deejayyy1681 you try that on a tyrant and it may involve you being tased, beaten and left permanently disabled and in constant pain. Or the very least yanked out, thrown down and assaulted. Not worth it. If they want to write a ticket so be it. Searches no. Roadside tests no. Breathalyzer or blood test refusal laws carrying the same penalty as being found guilty re vehicle siezed and licensce suspended I don't know the answer other than better that AND a prison sentence.
Its gotten me alot of tickets, now I just tell them to write whichever ticket they feel the need to write and that I will be exercising my 4th and 5th amendment rights from that moment on and I SHUT THE FUCK UP!
Same here...the average person who doesn't let crackheads ride with them and who knows they don't have any contraband in their vehicle (unless you count Fruitloops your kids may have dropped own the seat) would be much better off just being normal and friendly on a traffic stop. I feel like the advise in this video is really only targeted at a person who already has prior convictions, and has something illegal in the car, and must roll the dice and try to do whatever they can to avoid getting more charges and going back to jail. Besides that, he gives the impression that you are allowed to ignore police and stay sitting in your car when they order you out. The Supreme Court has already ruled that police can order occupants out of a car (Pennsylvania v. Mimms, 1977). Even just passively resisting will needlessly escalate the situation, and probably get you charges of resisting. Similarly, the Supreme Court has ruled that police can search a vehicle without a warrant and without the owners consent if the police have probable cause to believe the vehicle contains evidence of a crime or contraband (Carroll v. United States, 1925). Trying to obstruct or interfere with this kind of legal search can, again, needlessly escalate things and get you in trouble. Finally, if a police officer has probable cause to believe you're operating a vehicle impaired, almost every state has "Implied Consent" laws that require the driver to submit to a blood/breath/urine test. Failure to do so will result in a lengthy suspension of your driver license (up to 2 years in some states), and possibly even criminal charges depending on which state you're in. Basically, don't let dirtbags ride in your car and don't act like a total di*k and you will be fine.
@@indianapolisindiana7856 It's not illegal to "let dirtbags ride in your car." I don't "let crackheads ride with me," but I do know people who smoke marijuana, something that's non-addictive and legal to use in many states and countries but is illegal in my state because the corrupt fossils in the legislature deem it more profitable to lock people up than to legalize & tax it. There's no need to "obstruct a search" but if you agree to it instead of politely stating that you don't consent, you're destroying all possibility of your lawyer arguing they didn't have probable cause.
@@alfrednobel3009 I didn't say it was illegal to "let dirtbags ride in your car." Whatever floats your boat man, you might hang out with different people than I do, but don't say I said something I didn't.
You need to get the cop on the record as to what his/ her probable cause before he searches it. The cop will just lie on his report and make up some probable cause. Turn the tables on them and get their lies on record. Film the police!!
1) They don't have to tell you. 2) They can lie to you AND lie in the report. It doesn't really do any good to ask. I like to put them in the asshole position. "If you don't tell me what you're investigating, I can't help you with it. I have to know what you're looking for to help. C'mon, man! Tell me what's going on. Help me, help you." When they refuse to tell me, then I can't help... Oh well. Sorry you're being so uncooperative with your own supposed investigation, officer...
Unless they grab the phone camera away from you, break it, and then aim their weapon at you. Then you should cooperate and maybe you’ll live through the experience. We got deeper problems folks. Be careful of the cops out there . . . especially in California.
@@mistreme8341 I don't cooperate with known criminals!!! The Supreme Court has opined that videoing and recording public servants performing their duties in public is lawful! So, I hope they do what you said cause I'll bank big bucks in the end!!!
@@rkba4923 I hope you do! Just be careful of your situation in your area. Cops are very localized as to what they can get away with. But, that’s always been true, it’s just that this ‘exceptionalism’ seems to be spreading. Be careful out there! ❤️
Great advice! The only thing I would add is that I personally would preface my statement to the officer that I'm exercising my constitutional right against self incrimination with "Respectfully, sir..."
A bit of extra respect always helps! Being stopped by police is not the time to show how funny you can be, or to pull out your best attitude. It's "Thank you sir", and "I don't feel comfortable doing that, ma'am" all the way.
Yes. Be very respectful and polite. Just say “I respectfully elect to invoke my right to remain silent Sir”. Just say some Civics teacher in high school advised all his students to do this.
Or you could just act like a normal human being, instead of pretending that you're Al Capone on the stand in a racketeering case in federal court, lol.
Mr Flusche, you helped me a few years ago when Stafford county got me for driving on suspended even though I was just getting gas at a 7-11, what a messy situation but you helped me and I thank you for it! I enjoyed this video and will share it around!
@@JKiler1 Sure, a reasonable fee. That's not what they do. They hold your freedom for ransom, usually 5 grand in cash, up front, regardless of outcome. That effectively eliminates about 90 percent of the American public from participating in the justice system. Then they want more money if the case persists. They often take a retainer and then a massive 40-50 percent of settlements in civil cases. There's a reason why there's a universal feeling that lawyers are lying scum. It's because they're lying scum.
Watch TV shows like The First 48 or COPS and you will see that 90% of the people they stop and interview never ask for a lawyer and talk their heads off...
ticket quotas arent a thing anymore. also being rude is a great way to talk yourself into a ticket. cops more than likely will give you a verbal/writen warning if you are cooperative and polite for most things unless its something crazy or whatever, and even then you can go to court and fight it there and your politeness and stuff will help you. acting like an ass will do nothing but hurt you
I was in an accident where I choked on my drink (diet coke) somehow and coughed so bad I passed out on the highway going 70mph. I went through a guard rail over a hill into a ravine and smashed a tree head on before I woke up. So I'm making my way up the hill on my own power even though hurt (10 broken ribs and punctured lung probably from airbag). Cops arrived as I was coming up hill... I was still 30ft from cop and he said "I smell alcohol how much have you had to drink". WTF? Even if I was there was no way that far away he could smell my breath. I didn't invoke my right to remain silent instead I said "F**k you" :) Got to the ambulance and cop came over to EMT's wanting to give me breathalizer... EMTs told him NO I had to go now because I couldn't breath good. Another state patrol came by the hospital I got sent to asking me to pee or submit to blood test. I said NO. Then they transferred to from Ohio hospital to Pittsburgh Trauma Center because local hospital said they weren't equipped for the help I needed. Police are just out to get "points on their record" for busting people. They don't care about people. They care about arrests.
Very informational. It's funny you brought up marijuana. Years ago in a small town down here in TX the city police and sheriffs department would "claim" to smell burnt marijuana during a routine traffic stop to search your vehicle. Yes, I occasionally smoke for my epilepsy, but NEVER have it in my vehicle or on my person and never drive while impaired. In fact, at that point, it had been at least 3 months since I had any at all. During this particular traffic stop the officer claimed that I was traveling over the speed limit which may or may not be the case, but then claimed that he smelled alcohol on my breath. Remember, I'm epileptic so I don't drink AT ALL due to the fact that it will cause a siezure. I even said so to the officer, (and I have to give credit to him that he turned off his forward lights for me). When I refused to take any sobriety tests he changes his story from alcohol to "smelling marijuana". Two more units showed up and I was detained for nearly 3 hours alongside the road while they searched my vehicle and personal belongings on me. They tore open my driver door panel and broke the console in my truck doing so. Is this legal for them to do and what, if anything could I have done differently?
If you can prove any of that, go after them for civil rights violations and damages. File a freedom of information request (FOIA.gov) for their body cams before (and if) you decide to pursue any legal action. Departments that investigate themselves will hide those videos from you because they’re “evidence” Illegally extending a traffic stop without reasonable suspicion is illegal (Rodriguez V USA). The cop detaining you may have been retaliation for refusing roadside sobriety tests. If the incident caused you any emotional distress, that may be significant in a case against them as well. Disclaimer here that I am *not a lawyer*, but this is my understanding of the law.
There’s case law on this The officer can only detain you for as long as it reasonably takes for the initial reason for the stop :example (speeding 12 minute avg from stop to signing ticket ) anything beyond that even if K9 finds something it would be dismissed as long as you didn’t agree to waiting or agreeing to search ..if they say you’re going to wait for the (free air sniff) tel them you do not wish to be detained you want to be free to leave and repeatedly say it… if 👮♂️ Does anything after that a lawyer can help ya
@@shaunb8094 That being said, don't ever say "go ahead and get the dog". It may imply your willing to extend that time to wait for the dog. When posed with the threat of bringing a dog into the equation, just state "I don't give anyone permission to search my vehicle", then ask if you're being detained. Repeat every time your asked another question.
Andy, thank you for all these informative videos. You’ll never know when you can get into trouble with a cop and make sure understand Andy’s tips and know your rights. Because I was thinking cooperating with cop would be good for me, I was arrested for a bs thing and cost me thousands of dollars, work and my health. Never ever talk to a cop, they don’t wanna help you. They want to arrest you and put you in a jail. And you’ll understand how can be a life saver a good lawyer. God bless all those lawyers.
If you have bought a used car, can you be certain no incriminating substances or object were not left in the car by the previous owner. Be sure the car lot did not do a deep detail on the car before you bought it. Even a bullet or empty shell casing can be used as evidence of your participation in illegal activities. Never forget this, the officer is on the same team as the prosecutor, and in many states, they are allowed to lie to you to gain evidence. Limit your speech and permissions, and your potential liability is reduced.
The best way to handle traffic stops is to prevent them. I set my cruise control to the posted speed limit, and stay out of the passing lane. Answers to their questions: "I do not consent to any search," and "I require an attorney to be present before answering any questions."
I was on the border between Henrico county and Richmond city and I made a U-turn back into Richmond city and a Henrico officer pulled me over. The very first thing he said to me was, "So how much weed have you smoked?" And my reply was, "Excuse me sir? I don't even smoke weed." Which is true, I don't smoke it because it gives me anxiety. I was genuinely shocked by that question, but he pulled me over because I forgot to put my headlights on and it was early in the morning, but I was sitting outside of a busy fast food restaurant that stays open late and I was eating in my car and pulled off and that is why I had my headlights off but I forgot to turn them on. And is there something else that I can say to an officer other than "I invoke my right to remain silent" if they ask me to search or if they ask me about guns or drugs? I have a legal concealed carry license, if I am carrying what do I say then? Also, I know people don't like to acknowledge this but, I am black and I do believe, as I've had experiences with the police myself that would support this idea, that police are more biased to think that Black people are criminals or are going to be a danger to them. I'm not saying that they aren't like that with other minorities or aren't like that even with white people, because they are, I just think there is greater bias against Black people. Especially during everything that's going on now. So my question is, what should I say rather than invoking my right to remain silent? Because I personally believe that me saying that can be taken as a threat to the officer, maybe not legally, but personally they can believe that non-compliance is probable cause because they look at me and assume I am going to hurt them or be dangerous in some fashion. Also I understand that police officers have a dangerous job, and they truly never know who is going to be a danger, so it may be right for them to assume that everyone is until they prove that they are not, but that kind of attitude causes far more problems than it solves. Officers will "lead you down a rabbit hole" like you said, but I believe that any non-compliance is seen as a threat to an officer, especially when it's coming from a black man or woman. It really is sad that a few bad apples have tarnished the entire badge that every police officer wears, but these are things I have to think about because I'm more likely to be killed by a police officer. I'm not trying to whine or make myself a victim, I'm asking you these questions so I can empower myself and take better action to prevent such things from happening because I understand the responsibility is on me to change. I just want to explain my situation and the questions that are going on in my head. Thank you so much for this video and for the advice that you give, but if you could clarify these few things for me, I would greatly appreciate that!
Hey Payton! These are great questions. My best answer to protect your rights is to simply not speak to the police. Yes, they may be suspicious if you don't talk, and they may cook up a reason to search anyway. But talking doesn't normally help. If you want to be less confrontational and the police ask to search, you could just say "no thanks." There's a really good book about "arrest proofing" yourself that you might be interested in. Here's a great podcast that discusses the topic and the book: radicalpersonalfinance.libsyn.com/replay-456-protect-your-money-by-arrest-proofing-yourself-and-your-children
Great video! In the early 90s I was a Coast Guard officer stationed in the bayous of Louisiana with a Massachusetts license plate. I got pulled over every week for something. And if they didn't have anything (which was all the time), the cops would remind me of state "residency" requirements.
Always have a dash cam recording your speed, and all conversation. It's easy to buy a $20 Head-up Display on Amazon to capture in the frame of your dash cam. Just tell the officer everything was and is being recorded. Works every time.
I remember getting pulled over as a teen for no reason every time i drove past an officer... every goddam time... only times i wasn't pulled over was when i was actually doing something wrong
You were mostly right about everything except when you said they are good at their job and are trained well. That is not true. Most don't even know what there true job really is.
On a related note, many lawyers are also not good at their job, and are not well trained when it comes to Constitutional issues. This video is a great example of that. For instance, the lawyer in this video should have told people that the Supreme Court has ruled that police actually do have the right to order people out of a car (Pennsylvania v. Mimms, 1977). Failure to comply with such an order will result in unnecessarily escalating a traffic stop, as well as charges of resisting law enforcement. Similarly, the Supreme Court has also said that police can also search your vehicle without your consent if they have probable cause to believe your vehicle contains contraband or evidence of a crime, or if they detect it in plain view (Carroll v. United States, 1925). Similarly, not cooperating with police when they are legally trying to conduct a warrantless search can land you in trouble. The lawyer also should have mentioned that nearly every state has implied consent laws which require drivers to submit to a blood/breath/urine test when an officer has probable cause to believe a person is driving impaired. Failure to submit to the test results in lengthy license suspensions, up to 2 years in some cases, and in some states can also result in criminal charges. Much of what the lawyer says in this video is true, but he leaves out some extremely important information, and I fear his "advise" here could cause a motorist who may have ended up just driving away with a warning, to instead land themselves in hot water. In my opinion, the legal advise in this video is reckless.
Interesting and informative video. I'm wonder about the not uncommon circumstances when the driver of the vehicle is not the owner. And to further complicate matters, let's say that the owner of the vehicle has an outstanding warrant. The driver has invoked his right to remain silent and denied consent to search. Am I correct in assuming that the driver need not provide any further explanations?
I wish he had gone a little deeper into the obstruction laws, but this was excellent information. So many officers steamroll over citizens just because they are not aware of their legal rights provided by the constitution and amendments. Legally, they can ask anything they want, but if you invoke the 5th, an officer cannot compel you to answer questions. So many people get scared and nervous and just start blathering on and telling officers so much that they do not know and just make their situations worse. For the example this gentleman stated, when an officer asks you, "Do you know why I stopped you?" They may be stopping you because your taillight is out, or you made a rolling stop through a stop sign or broke some obscure law that you didn't know existed, but if you tell him you broke laws that he didn't already know, you're just costing yourself more money and possibly giving the officer probably cause to search you or your vehicle. It is honest to tell an officer that you do not know why they stopped you...there are over 10,000 laws on the books and even lawyers and judges do not know 100% of the laws, so expecting a normal citizen that does not work with the law everyday, it's honest to say you do not know why the officer stopped you.
The most hilarious time I was pulled over because let a drug dealer cross the street. I honestly didn't know the guy he was just a pedestrian to me. I told them plain and simple pedestrians have the right of way and I'd rather not hit someone with my car. The cop asked me to buy drugs from him and turn him over to the cops, if I was innocent and had nothing to hide. I laughed in his face told him I've seen enough movies to know what happens to that guy and could he find another pawn lol
@@briseboy that's nonsensical, the cops presumed I knew the guy, and this wasn't a busy road or anything, this was a neighborhood street. I don't know about you but when driving in my neighborhood if I see someone trying to cross the street I stop.
@@lewiechase8608 that's perfectly fine. The problem is why doe it become a problem only apply to certain people? If you look at history many GS cookie locations hida huge amount of sexual; abuse
In my experience, it was not what I said (or did) or did not say (or do) that got me in trouble. It was the misrepresentation by the policeman. He did not report accurately, so I was blamed for something I never did. Then, it came down to my proving the truth since he is considered a trained observer. Without a witness to support the truth, I lost.
4:40 - You mention that giving permission to search the vehicle forgoes any probable cause unless you can prove that consent was not freely and voluntarily given. But at the end of the day, everything a cop requests has an inherent, automatic threat of violence behind it. If you do not cooperate, you are literally risking your life.
Yes and no. Courts have consistently ruled that a reasonable person would not think that any request from an officer is an order. If he asks, "may I search your vehicle?" you saying "yes" would be purely voluntary. If after saying "no," the cop continued to press you, whether threatening you with arrest or through other coercive means, then you'd have a case.
Andrew, I enjoyed your video a lot. These things need to be talked about. I watch your videos from Emporia, Virginia. A police encounter happened to me in Kinney County, Texas a few years back. I was on ranch road 674 heading northbound exiting the town of Brackettville. I was stopped for speeding, as I was building the speed to the next posted speed limit area along the route. Long story short. The sheriffs deputy wanted to search automatically. I refused the search politely. He calls the border patrol and state trooper to assist with a dog to sniff the vehicle. He then informs me that the dog has alerted on the vehicle. Those police searched everywhere. Didn't find a damn thing. The traffic stop lasted about an hour and 30 minutes. He ended up issuing a warning for the speed and allowed me to leave. Lastly, Andrew I have learnt that the police can press a search and probable cause is not needed.
@@Andrewflusche Yes sir. I believe what you are saying. Lawyers like you are very needed these days. When dealing with police encounters, I use practical responses towards authority to end the encounter quickly as I can but correctly when possible. Andrew, you should do more videos talking about this stuff. You are doing good.
@@Andrewflusche I politely refuse, tell them everything is recorded and uploaded, and ask for an attorney and will remain silent. Your video on video cameras is excellent. Can a person contact you and put down a retainer fee and get your cards to hand to the police????
Love your videos! Where I live you are required to get out of the car if asked - and you will be asked if you don't answer questions. At that point you can and will be detained for the safety of the officer without any probable cause and put in the cruiser for questioning. Refusal to take the breathalyzer or field sobriety tests is an automatic license suspension. Know your rights where you live and act accordingly. Where I am polite simple stock responses are best including a polite refusal to any search. A reasonable explanation like, "Last time I let someone search they damaged my vehicle" or "I have a policy of never letting strangers into my vehicles for any reason - too much liability" works well. Not talking at all = guaranteed tickets and trouble.
Totally agree. The goal is to NOT get a ticket. If you give a little at first -- tell him where you are going, etc. You are more likely to get a warning. If they escalate like trying to search your car etc, then be more assertive with your rights.
Great job at explaining things. I wonder how the advice in this video would apply in Missouri, or Iowa/Illinois as I generally only drive in these states since I live in Missouri.
W/o having researched, I *presume* the principles are mostly parallel - it can't hurt to try using them: the worst outcome is the cop says you're full of beans and then you're either "correctly" arrested for whatever or they squirm like heck in the courtroom!
Here's one for you. Can an officer legally order you to do something that endagers your life or will place you in harm's way? Here is the situation. I have super light sensitive eyes. It is a doccumented medical impairment (there is a term for the condition but I can't remember it), I have to wear shade 5 welding goggles when in sunlight or my eyes will bleed and other issues that have resulted in hospital visits. I once had an officer ask me to remove my goggles at a stop. I politely explained that I could not and asked him to call the police department and speak to an officer who had known me and of the condition for many years and he did and there was no problem. But had he chose instead to insist, how should a person respond ?
"According to published HIPAA regulations, I do not have a duty to respond to your demand. I therefore invoke my Constitutional right not to respond". Then keep quiet. The less you say, the better. After he/she returns from his car, (he will be checking your license for parking past due tickets and to see if you have any warrants). Then ask the officer if you are free to go. (Disclaimer, I am not an attorney). But there are laws in place that do not require you submit PHI (protected health information) to authorities. These issues are now coming to detailed review and the courts, over COVID issues. “Individually identifiable health information” is information, including demographic data, that relates to: the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual," www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html Sanjosemike (no longer in CA) Retired surgeon
@@sanjosemike3137 that has nothing to do with HIPAA. Trying to pull that will just get you in more trouble, because you're bullshitting. If you want to reference any law in this situation, it's the Americans With Disabilities Act.
You're lucky you had a friend in that officer's police department, and that they could get ahold of him that quickly. That move won't work for many people.
Get a letter from your doctor, keep it in the car. Say you have a medical condition, offer to show them the doctor's letter. If that doesn't do it, tell them you need to go to a hospital.
I was pulled over 50 yards away from a speed increase (I was starting to increase my speed a little early, but only by a little). It was around dusk and the officer said the dome light in my car illuminated my bloodshot eyes enough that gave him cause to wonder if I had been drinking (I drink absolutely ZERO alcohol). First off, the dome light on my Chevy Cavalier is anemic (at best) and there was no way it lit up enough for him to have made that assessment. NONE. I got out after he asked me to, and administered a field sobriety test, which was quite difficult and I was stone cold sober. I remember clearly thinking I was going to be arrested even though I hadn't drank anything simply because in general, I don't have the greatest balance when it comes to some of the quirky things he asked me to perform (none of which anyone would do ever, unless they had previously been pulled over for drinking). I guess I was lucky (or I passed, I'm still not sure which) but he let me go, but it really bothered me how the officer went about conducting himself and falsely claiming I had bloodshot eyes (which I didn't) and he lied about being able to see them with the dome light. I appreciate law enforcement, but it's stunts like this which make people cautious and leery and make many of them less trustworthy.
@@jaymzcarter5458 Oh I typically don't. But I at least TRY to think of most of them as decent humans just trying to do their jobs. It's when they abuse that authority that gives the rest of them a black eye...unfortunately.
@@jeffedwards6920 And when people see the police repeat questionable tactics over and over, the people become separated from the police force because of losing trust in the police treating everyone fairly and equitably. The more bad behavior caught on video by a police department, the less public trust and cooperation with police.
@@davebeach2343 Of course...but I'm not going to unfairly judge all law enforcement the same because of the horrific actions of a very tiny minority. That would be immoral and just as wrong.
The Standardized Field Sobriety Tests (SFST) are actually very scientific, and officers are trained to look for specific physiological indications of intoxication, such as Horizontal Gaze Nystagmus (HGN) which will be present in intoxicated individuals, and will increase as their level of intoxication increase. It's not just about seeing how well somebody can stand on one foot, as your experience illustrates. I realize that it can be scary and uncomfortable going through a DUI investigation, but we should bear in mind that thousands of innocent people are killed by drunk drivers each year, and it's not always easy to immediately tell when somebody is highly intoxicated. If a person is a heavy drinker, they may be able to do better on a test like the one leg stand than some sober people. But there are other, more subtle, indications of intoxication that they cannot hide, such as HGN. Since you refer to the SFST as "stunts", do you have a better suggestion of how police should investigate someone for drunk driving? A hardcore drinker can appear very sober upon casual contact, even when they may have a BAC that would have the average person stumbling around and puking.
Cop: "Do you know why I pulled you over?" Me: "I don't know. You're lost and need directions?". I just can't help myself at times. Go on. I'm listening.
@@nickabel8279, you have the legal right to not incriminate yourself. If the investigation COULD lead them to the conclusion that you have broken a law (even if you're not the one they're investigating and even if you are unaware of having broken any laws) then you have the right to not assist. You can't "obstruct" the investigation, but you can't be compelled to assist in it.
You're a good man for publishing this kind of content. It amounts to low-key whistle-blowing on the increasingly dangerous largest domestic terror organization in the United States (if not the world). I hope you aren't punished badly for it.
Cop: "Do you know why I pulled you over?" Me: "Because you've got nothing better to do. Because stopping me is safer than stopping bank robbers. Because you've got a quota to fill...should I continue?"
7:01 In NY, refusing a roadside FST is an 'automatic' 1 year suspension of your license. They way I understand it, accepting a driver's license the state of NY means that you have given implied consent to being administered any sort of sobriety testing. It's my understanding that refusing a FST during a traffic stop will guarantee you will be arrested.
@@todd-617 my ex actually said that once. Must have touched a nerve because he got in his car and left. We were just sitting there staring at each other like “wtf do we do now”😂
I live in a rural area in Texas and was on my way home from Dollar General. I stopped at a 4 way stop and saw a sheriff's car approaching from straight ahead. I made double dog sure I stopped, had my blinker on, then turned right. He stopped me, asked me where I was coming from and I told him. He said I ran the stop sign. I said no, I saw you coming and made sure it was a complete stop. Then he switched and said "Well you didn't stop behind the line." There may have been a line at one time but it had long worn away. I shook my head and said there is no line and asked if I could go because I had groceries that needed to be refrigerated. He let me go with no ticket, no warning.
True story. A few decades ago I picked up a hitch hiker. I took him a little ways and dropped him off. A couple of days later a friend of mine was getting in my car and found a bag of weed. It was not mine but I'm 100% sure that if a police officer had found it there I would have been charged with possession of marijuana. My point being is that you really NEVER know for sure what might be in your car so you never consent to a search. Good advice lawyer Andy. Ya know Officer Andy looks like he might be related to you.
And then when he or she says, "You're not black!" (or anything else at all) you say, "That is just another *_lie_* perpetrated by The *_Man_* to keep a brother *_down!!!_*
@@OgamiItto70 funny. But they took some people who think cops only pull over black people and had them try to ID the race of drivers passing by on a busy road. They couldn't.
Probably demand a lawyer, shut up and go limp. If they escalate because you've invoked your rights, then it's obvious they've thrown the law out the window and they're planning to illegally arrest you or kill you.
It always depends on jurisdiction. For example, in CA the implied consent only kicks in once you have been arrested for DUI, which means the officer has to establish probable cause without breath or blood testing. You can refuse the preliminary screening breath test and field sobriety tests with no penalty.
I've read some of the comments of people's experiences here. The last time I was stopped was by a Wisconsin highway patrolman. I was going 15mph over the limit. He asked me if I knew why I was stopped by him and I said I was going 70 in a 55 zone. He said he clocked me at 72mph. After checking my vehicle registration and whatever else he did in his car he let me go with just a warning. I really think being honest with him saved me from getting a ticket. I was from out of state as well, so I'm not sure what would have happened. I'm not sure how I'll respond next time!
If you politely say you are exercising your right to remain silent at the first question and stick to it, you will get the ticket but it will end there. Done it a few times. They may call for back up but stick to remaining silent.
@@Andrewflusche He means the cops plant evidence, lie that you resisted (or some other phony charge -- 'disorderly conduct ' is a favorite, or 'obstructing'), deliberately escalate a situation, keep you against your will far longer than, @ 3:43, "only gets to detain you for a very limited purpose and time". Even if they let you go with just the original purpose of the stop, once they force you to stay beyond that "limited purpose and time", it looks and, feels, like kidnapping.
HAPPENED TO ME 20 years ago........I bought a used 1977 Buick Regal Landau from an 80 year old lady. She bought it off a local used car lot 5 years earlier. She was a widow and only user of the car. Well I gave her the $400 she asked for it and drove it home. I was really busy at that time and did not have a chance to really clean out the interior. So I decided this was the day. So I pulled the back seat out to vacuum it and let me tell you......"Cheech and Chong" and "Spicolo" from "Fast Times at Ridgemont High" must have owned the car based on the assortment of "things" & "items" behind that seat. The stuff was probably back there for many years. Either way I would have been in big trouble if the car had been searched.
When an officer asks me how much I've had to drink, I always respond with I've been drinking all day. When he asks me what I've been drinking I respond with water.
I actually did use this once, the officer asked me if I had anything to drink that evening, I said yes. He said "What?" and I said Pepsi and water. He nearly cudgeled me with his Maglite. Better to just say nothing. They don't want to hear the truth.
Trained well? With only 6 months training? You’re points are awesome and we all thank you, but please! They need to be trained for years before they are allowed to police! I had to train for two years to be a welder and we don’t even use weapons. This is simply a broken system of Law Enforcement worldwide! With the exception of the Dutch!
At 3.00 I can't remain silent if asked about weapons. In California, one of the conditions of a concealed carry permit, is to always tell an officer I do have a weapon and to surrender the firearm upon request. Unfortunately, that will most likely result in being searched for any other weapons.
@@user-nh3gu1ge3d can you name a state that doesn't require disclosure to law enforcement that you are lawfully carrying a concealed firearm? Some states require notification up front, California requires notice only upon being asked, yet most LEO appreciate being told without waiting to be asked. Some states don't require a permit to carry concealed, maybe that is the freedom you are referring to. In my opinion, some restrictions are necessary for public safety, with freedom comes responsibility.
That's not the only example where this lawyer is giving incomplete and possibly dangerous advise. For example, he gives the impression that you are allowed to ignore police and stay sitting in your car when they order you out. The Supreme Court has already ruled that police can order occupants out of a car (Pennsylvania v. Mimms, 1977). Even just passively resisting will needlessly escalate the situation, and probably get you charges of resisting. Similarly, the Supreme Court has ruled that police can search a vehicle without a warrant and without the owner's consent if the police have probable cause to believe the vehicle contains evidence of a crime or contraband, or if there is any "exigent" circumstance requiring an immediate search (Carroll v. United States, 1925). According to the "Carroll doctrine", a vehicle does not have the same expectation of privacy as a residence. Trying to obstruct or interfere with this kind of legal search can, again, needlessly escalate things and get you in trouble. Finally, if a police officer has probable cause to believe you're operating a vehicle impaired, almost every state has "Implied Consent" laws that require the driver to submit to a blood/breath/urine test. Failure to do so will result in a lengthy suspension of your driver license (up to 2 years in some states), and possibly even criminal charges depending on which state you're in. Basically, don't let dirtbags ride in your car and don't act like a total di*k and you will be fine.
Check your state laws before refusing DUI tests -- breathalyzer or roadside. In Texas, refusing to take these tests when asked can have serious consequences -- loss of driving privileges for 180 days.
From the three Texas lawyer sites I just looked through, this is incorrect. There is an implied consent law in Texas that means you give consent to those tests AFTER you've been arrested for DUI. You are under no legal requirement to do so before the arrest. Refusing after the arrest results in fines, revocation of license, etc., but you're free to refuse before the arrest. The Supreme Court ruled that making it a requirement before an arrest is unconstitutional. There are some circumstances in Texas that may force you to take a test such as if they suspect DUI and there was major injury / death as a result, but the majority of people can refuse.
@@BNails You are right -- I missed the "after you're arrested" part. This just shows why it's important to understand the laws in your state. So the corrected statement should read: In Texas, you may and should refuse DUI tests when simply asked, but if you're arrested for DUI and asked, refusing to take a DUI test could have serious consequences if there was probable cause for the arrest. Unfortunately, I'm assuming the standards for probable cause are pretty low -- "I smelled alcohol on his breath" might be enough.
@@garyneal3926 It's the same as in my state - Pennsylvania. I can tell the cops to go pound sand... until / unless I get arrested for DUI. Then I have the choice to comply or face a mandatory revocation of license. Laws are weird.
In Pennsylvania, if the police suspect the driver is impaired and they refuse or fail a field sobriety test, they are then subject to a blood test. If they refuse, it is an automatic 1 year minimum suspension of driver’s license. Remember, each state sets their own motor vehicle codes & regulations.
It got me a warning every time I said it. I like it when they know for absolute certain the kind of firepower I can deliver. ...and that I can call my own backup, too. Screw with me and die. Make Government Fearful Again. I am not a domesticated pet.
I don't want to hi-jack your channel but "Audit The Audit" has story after story about all of this. Really good stuff to add to the info you are providing.
As a criminal defense lawyer myself I have to say that your method of play acting out the encounter is quite effective. And entertaining. Good educating and marketing.
what happens when you refuse a roadside impairment test? Do they just breathalyze you on the spot?
If a cop asks to search a car you don’t wanna say yes or you don’t wanna say no.
Either way, if you say yes or no, (s)he will say you said you gave them consent to search
When I lived in VA about 20 years ago, a cop stopped me and asked if I had been drinking. I said, "I respectfully decline to answer." He asked me to do all the roadside tests. I said, "I respectfully decline." He asked me to take a roadside breathalyzer test. I said, "I respectfully decline." He said that I wasn't making it easy for him to do his job. I said, "That's not my intention, officer. I'm just asserting my rights." He finally relented, and allowed me to go on my way. Moral of story: it is possible to be polite and respectful, while still asserting your rights. As the attorney said, they have a job to do, and we have a job to do.
I was searched once under “reasonable suspicion” for refusing to consent to a search. This was like 20 ago but has always stuck with me
I had this happen to me before too. The officer claimed he was doing random drug searches. I asked him to explain what he meant by random. Then I asked him if he had probable cause to search my vehicle. He stammered for a few seconds, and tried to say something about my refusal to a search gives him probable cause. I asked him why he stopped me and he went back to random drug searches. Then he went back and talked to his partner, and came back and told me I'm free to go.
Thank God he didn't have any real cause to pull me over. If I had been speeding, I couldn't have asked him to explain "random".
@@---cr8nw Speeding is also not a probable cause for a search.
Exactly....I think in my opinion Super, you learned a valuable lesson....and here it is :
That you basically don't have any real "rights" ....in essence ...if they really want to do something....or charge you with something.....best believe they can.......and even better...if your some big fish criminal type, best believe they will!
My foreman buddy was telling me how he got stopped and asked for license and insurance.....while he was giving it to the cop he asked why the cop pulled him over, the cop said it's because your gas cap was open.....so then cop ran my buddies info and everything was good and let him go so he went back and checked....the cap was closed!
It was one of the old school car's when the license plate has to be lifted up in order to reach the cap so in other words there was nothing wrong with the cap at all and there was no way to see it visually one way or the other!!!!
Police basically can do what they want....
The most important part of vocally refusing a search isn't just to prevent a cop from getting into your car. Cops *will* get into your car even if it means trampling all over your rights to do it.
The *real* reason you want to vocally state that you refuse a search is that you are giving ammunition to your defense attorney should you ever wind up in court.
The thing I don't understand is, unless you are recording it, it is his word against yours. I don't see how you can prove either way that you did or did not consent, or how he can prove either way that you did or did not consent, in court at a later date.
@@eiyukabe Body cams are super common now, should it be word against word, body camera footage can be pulled
@@garretthunter2916officers routinely disable their body cams….. “ oh they were malfunctioning “
Well put!@@BigSambo83
A woman in my area refuse to answer any questions they arrested her for obstruction she was let go and sued the state and won
Was she a lawyer? I heard that story.
The beautiful irony of that story was when the cop read her her Miranda Rights. "You have the right to remain silent." lol
The police need probable cause to arrest you. There is a very thin line they must toe. If she ID's herself and presented the proper paperwork required to drive in that state, they had no authority to arrest her for not cooperating any further. HOWEVER, if she was a known offender or had a warrant, she never would have won in court.
Here's my OTHER thought. If that woman really had done nothing wrong she could have answered their questions and simply gone on about her day. The money she got from the state was probably not worth the time and effort it took. Sometimes it's just best to get on with your day.
@@no-bozos "she could have answered their questions and simply gone on about her day"
Except there may be a myriad of other things she isn't aware of that would have gotten her in legal trouble. Perhaps there was a female in the area who recently committed a crime, and now they can put her in an area. Or they have suspicion of some minor infraction which she denies and it still doesn't help her in any way - she still gets a ticket. Instead, she decided to hold up her legal rights, which were violated, and she fought the state and won - keeping tyranny in check, albeit in a small regard.
Also, if she was a known offender it wouldn't matter. The cops could know that someone driving was known as a drug user / dealer, but without any evidence of criminal activity, they can't do anything.
I am glad for a happy ending. Suing the Gov't is an expensive propistion.
This is a great video to show to people who tend to bow to authority. I really appreciate it. I showed it to my fiancé, who is the type to acquiesce to anything an authority figure asks, and she found it very enlightening. So thank you, Mr. Flusche.
One commend though - what I have seen is that “Officer Andy” tends to phrase things as questions (“You don’t mind if I search your car, do you?”), whereas the modern police officers have learned or been trained how to phrase their requests to appear to be demands with which you must comply. They don’t ask, “May I search your car?” Instead, they say things like, “I need to search your car.” To the uninformed, this seems like an order, rather than a request. It’s important to understand this, I think.
“I don’t consent to any searches” is the correct answer every time.
If your vehicle is 100% clean and you know it, you can't prove it when he plants evidence.
You are 100% right that's why having a cabin dashcam and saying I do not consent to a search and seizure of my vehicle will make whatever he may or may not find hold in court it may also catch him planting evidence but it gives you a higher chance of beating the charges
Well, let's compromise on "if he plants." Most cops in my 60+ years have been very straight-up and ethical, the exceptions merely a poor attitude (which may be a one-day exception due to some family thing).But point is taken: IF a planting occurs, well what d'ya do now, smeghead?
@@dennisanderson3895 No. once a cop starts out to violate your rights, there's no stopping. Lie, fabricate, plant or destroy evidence, whatever it takes.
@@dennisanderson3895 The thing is it HAS happened; there are multiple court cases that someone ended up in jail for dealing iwht a corrupt officer. Only later through appeal and additional evidence was it found the officer planted the evidence. One lady ended up in jail for years and people kept saying "oh everyone says they are innocent"...
@@alphamalesascension3677 pppo
For Cthulhu's sake, don't admit anything in front of TWO or more officers! Speaking as a former Federal LE officer, there were times when I could simply "unhear" an admission of a minor offense and let it slide, since I was busy looking for something bigger. But if there are TWO, each acts as a potential witness that the other did/didn't do the job "properly." This is especially true if they are rivals, or simply dislike each other. They will EACH have NO CHOICE but to follow up on even a very minor admission of yours.
Why would you not have any other choice that follow-up the minor admission? I'm just curious, I'm impressed with your comment, Professor!
I was once with a friend who got pulled over for speeding (he was driving). The cops didn't ask but demanded he exit the vehicle for a search, he stated that he refused to consent to a search and would not exit. This resulted in 2 more patrol cars arriving for backup, he was handcuffed and placed in the back of a patrol car. I was padded down specifically for the first and only time in my life (I did literally nothing but sit quietly in a back seat before that), and the other passengers had to sit on a curb. It was nearly an hour, surrounded by tense agitated cops and flashing lights on the side of busy highway before they let us all go with a speeding ticket. The whole thing was ridiculous and infuriating, and certainly not a night I'll forget.
It probably would have been much better for him to clearly and multiple times state that he does not consent to a search, ask for explicit reason and then follow all instructions from the cops. This should be enough to throw out any "evidence" found during the search, by making it illegal. By physically resisting, it makes the situation worse.
Ah yes the standard procedure of Tyrants.
I’m some states if a police officer orders you to leave your vehicle you are required to do so.
@@robertp457 It is all states. Pennsylvania vs Mimms requires a driver to step out of the car if an officer orders it.
Cops are terrorists. Your friend threatened their entitled sense of authority, so they reminded you, the way terrorists do, that they can do whatever the fuck they want to you. You're (relatively) lucky that you got away with emotional scars.
When I was last pulled over, the officer asked if I was smoking pot, as my eyes were red. I asked him if he had been eating doughnuts, as his eyes were glazed.
Long story short, you still got the ticket.
I once used my friends driver's license while driving. I got pulled over for a broken rear lense. I showed him my friends license and he said this ain't you. I responded then you have the wrong guy am I free to go? Jail sucks. 😜
@@oscarantoniomoreno5247 and then u git arrested for improper id
@@onyxwolfarias6523 of course.
You win!!!
I got busted and i knew my rights. The cops violated my rights and just didnt care. I didnt give permission and they searched anyway. The "probable cause" was that they said i was "acting suspicious". One cop found some things and he had to ask the other officer if those things were illegal (pocket knife, teargas-). They were all legal. This one cop seemed to have no training at all. Learned my lesson well.
Well, next time, don't just ACT suspicious. Be suspicious. Speed up instead of stop, avoiding these suspicious characters entirely..
"teargas" Okay, I'm a bit curious.
_ALWAYS_ film the police. It may be the only "witness" in your favor when/if you take your case to court.
what kind of film is best ? 8 mm?
What if you end up in a pine box instead of court?
@@Anarchy-Is-Liberty, that's always a possibility in any police encounter. But if you use a recording setup that uploads live to a cloud server, at least there will be evidence of what happened, even if they "lose" your phone or recording device.
What if you point the camera in a certain direction and the police bring you to a different area of the vehicle out of view of the camera? The camera can't get every angle of the vehicle. Also are you going to quickly set up the camera and turn it on right when you get stopped? Are you going to always have a camera set up and recording in case you get stopped by the police???
@@davidjones-vx9ju Clear plastic: proceed to wrap him as you would a sandwich or leftovers.
I don't answer questions, submit to searches, or perform roadsides (never been asked to take one). But sadly, a jack booted tyrant in Colorado retaliated against me for politely doing so to the point I was forced to sue and won. I won't give a cop anything beyond any legal requirement to ID during a traffic stop, I run a vehicle DVR to capture any attempt to violate any of my rights.
In general, I've found polite cooperation works very well (though I *understand* this isn't always so). I was once stopped walking to a grocery, after being surveilled by a chopper as I crossed through a park) for a "conversation; where am I going, where am I coming from, etc. Fully honest responses. Given it was 1979, his on-person radio was crap and he had to use the radio in the car. When he got back to me, he asked if he could search me. I consented, figuring they are def searching for someone bad and the faster they figure it's not me, the sooner they can focus on and find him. Completely clean. The officer did thank me - on the radio, when they asked if he'd searched me he had a moment and said, "Yes," when he had not yet. He explained they'd been having a problem with a guy exposing himself to kids at school playgrounds; he had just done it a again and while he had a ski mask on, guess who was also wearing brown pants and a blue jean jacket like him although he had a ski mask? Yeah: me. So it was a stashed ski mask the cop was looking for. We were totally cool and we parting with him appreciating me wishing them well on nailing the perv. I've had a few times when cops were looking for a general description that also fit me but cooperation affirmed quickly I was not the one sought; less work for them, not being detained for confirmation for me [I also *always* carry ID]. I realize there is a [very small] percentage of cops who are "bad apples" (as with every occupation) and I've met a few cops-deputies-troopers who were dicks; but on balance, our LE do an impressive job of staying focused and balanced despite the endless negative onslaught they have deal with EVERY. SINGLE. SHIFT.
@@dennisanderson3895 if the police don’t like the way they are treated, there are openings in the trucking industry.
You are correct that you should have a lawyer for major crimes. In a minor offense where the officer is inclined to give a winning, hostile uncooperative can talk a warning into a ticket.
@@ianbearry285 Don't care, At no point was I hostile or rude, that's a very poor assumption on your part. I sued and won. I see no reason to change my behavior at this point. Enjoy.
God bless you sir. All Americans should know these things.
Yes, all Americans should know how to get away with DUI and stuff like that. Definitely.
You remind me of a Professional theatre critic someone who without the courage or talent of the actor, snipes from the wings.
What are you talking about? This video isn't a good thing. Its telling people how to get away with doing things they shouldn't be doing. Things that can put themselve and others at risk just to spite the policeman who is just trying to do his job.
It's about knowing your rights granted by the Constitution but go ahead and lick those boots, how do they taste?
Unfortunately everyone enforcing the law should know this too, as they swear an oath to protect and abide by the Constitution. They shouldn't be trained to violate anyone's rights, but that doesn't generate revenue like finding ways to force citizens to pay for their freedom does.
It is pretty funny how after decades of police abusing their power over citizens, they aren't even smart enough to figure out why most of the public doesn't trust or support them. It's even funnier now that the very criminal politicians they've always protected and served have literally thrown them to the wolves...
I've found items left by previous owners in my recently purchased used cars more than once. Never consent to a search.
Wow! I'm sure it happens to a lot of folks
Further, ANY passenger can leave ANYTHING in your car, even accidentally.
Try not to buy from a "We tote the note" place! 😂😂😂
@@MisterMikeTexas if you buy from a tote your note place you know there illegal stuff in that car.
@@JMyoutube1 Probably all over it. It probably accumulates more and more each time they repo and reel it back in lol! Decline the search and hope the Blue doesn't search anyway.
You do good work, excellent work in fact. Thank you for what you do. I'm 67 years old and over the course of my lifetime law enforcement has gone from someone who is approachable and will help you to a more impersonal "to protect and serve" to the predatory and vigorous enforcers of laws no matter how inappropriate or irrelevant your circumstances may be to how the law was written or intended. Sadly, if they can bend it to relieve you of your $800 cash in the bank envelope on the seat of your car, they will claim they had cause to believe it was intended for drugs and confiscate it. Fact is, civil asset forfeiture has now exceeded property loss from the combined vandalism, robberies, and burglaries in our country today. Perhaps you can address this aspect of interaction with law enforcement, ways to reduce having your portable assets from being seized? Thanks again and keep stroking...
@scoobtoober29 in my lifetime law enforcement has gone from an approachable public servant to a project and serve Robocop to outright predators that we cannot trust.
Without Probable cause they have no excuse to search or check the envelope. Envelope in Plain View is not at all probable cause thats invasion of their 4th Amendment.
A cop cant find out whats in an envelope unless someone consented to search or has something in plain view that gives them it. The situation in which Scoobtoober29 is talking about could have easily been avoided if the Marine had only simply said I do not consent to searches, he was pulled over for driving slower according to the cop and the money was in the trunk it never would have been found if had simply said I dont answer questions I dont consent to searches am I being detained or am I free to go? Becuase he would have been cited for driving slower nothing else. In this case he sued the City and the Dept and they gave him back about 85% of his money but not all.
WOW I'm really sorry that happened to you thad poehl.....yeah I personally don't trust Police..... there's lots of great men and women who take thier oaths seriously and truly believe they're public servants who are there to protect us from the big tough evil people but........and oh yeah there's a but...... there's just too too too many that see things a weee bit differently.... I was watching the the 700 club show on a Christian TV show and it was about an elderly couple near retirement who owned a flower shop and basically the ATF got wind that they were selling rate and endangered flowers....they raided they're little flower shop and just sent thier lives down the shitter(excuse my language, but that's putting it mildly) so years later after it's all said and done the old timer said he doesn't even like to go outside because of fear of the police!!!!
In a nutshell.....in so many words, that's where I'm at...and I believe the majority of us will end up!!!!
God be with you friend....may God give you your money back or an even bigger blessing !!!!!
@@davidschmidt270 Amen
@@ArmaGuyz I don't and did not. But he had the gun. And they know that and many no longer care. All one can do is state his position and hope the officer honors his oath to the Constitution.
He forgot to inform you a much needed advise; I have a dash cam, iPhone positioned inside my vehicle with video activated and a police body cam all operating if pulled over. Your videos are ESSENTIAL and paramount during any law enforcement interactions. Stay calm always but be smart and aware. This assessment I’m giving is from my brother who is a Maryland State Trooper. There are some crooked cops who will plant illegal items during a search and definitely get educated on K9 searches. Knowledge is power.
Yup! and make sure that they all remote upload all footage to somewhere that the cops can't get to! Those devices can be destroyed after all!
maryland eh?! Which part?! Is montgomery or frederick county?!
That will not help you when youre trying not to be charged in states where its illegal to record the Police. I dont answer questions and I do not consent to searches am I being detained or am I free to go... SHUT UP DO NOT TELL THEM ANYTHING. All the talk about what youre recording them with is just going to make them get you out of the car and remove you from those things recording and or start a confrontation to delete the video.
@@ArmaGuyz it's not illegal to record cops! Supreme court already ruled on that! Who said anything about telling them?! Just do it!
@@TENNSUMITSUMA Yeah I know that... My friend used to do lots of 1st Amendment audits however in some states its becoming state law not to be able to record the Police. In other states they have arrested and stuck people in prison for it... for 10+ years... Here in Oklahoma they just recently passed a law that says we can not record police and post it or their dept, or even their Likeness or badge number name or SS# ofc... without breaking the law first offense is a misdemeanor 2nd is a felony... I couldnt believe it but they passed it.. they also made it illegal to interupt any Government meeting and Government being all inclusive even included the freakin School board meetings. Its our Constitutional right to bear arms yet you can be arrested if you break any state law which of course ALL GUN LAWS ARE AN INFRINGMENT however you can still be arrested just like anyone who records the police now has been and can be. Its Fked up situation and shouldnt be and ISNT constitutional or legal yet they do it.
theblackwallsttimes.com/2021/02/24/oklahoma-bill-makes-it-illegal-to-photo-or-film-police-dems-vote-yes/
@@ArmaGuyz sounds like it's time to move to somewhere where does allow filming of the cops! If the supreme court said filming the cops (or any public sevant) is legal, can't that be taken to the supreme court and overruled?! I thought federal overrides state?!
On my way to work out of town, I was once pulled over by a deputy (who claimed the 65 mph highway is only 55 from city limit to city limit). He claimed he could smell alcohol; I said I'd had a few whiskey and coke when I got home from work that morning and told how many HOURS I'd slept after them. He requested (demanded) I perform [EVERY] field sobriety, which I did. When done, he actually said, "Well, sir, *I'm* detecting impairment but I'm going to let you go," instead of, "Darn, I guess I was wrong because you actually aced all the tests." I wanted to tell him he was just too prideful to admit he wrong but reckoned that to not be a smart thing to say to him. :-) I *will* say I never expect that scenario to go the same again. Silence is golden...and I like gold!
*officer* “Do you know why I pulled you over?”
*me* “No? Have you forgotten already?” *holds hands out for cuffs*
LOL... thanks a LOT... now I've got to bite my tongue to avoid making this quip... and it's gonna be hard...
Oh damn I'm totally using that one lmfao 🤣 😂 😅 it will be worth whatever consequence it brings
@@deejayyy1681 Some things are just worth it.....
@@deejayyy1681 are you still alive? :D
@@deejayyy1681 you try that on a tyrant and it may involve you being tased, beaten and left permanently disabled and in constant pain. Or the very least yanked out, thrown down and assaulted. Not worth it. If they want to write a ticket so be it. Searches no. Roadside tests no. Breathalyzer or blood test refusal laws carrying the same penalty as being found guilty re vehicle siezed and licensce suspended I don't know the answer other than better that AND a prison sentence.
In my experience, being honest and respectful got me a lot of warnings. A lot of them
Its gotten me alot of tickets, now I just tell them to write whichever ticket they feel the need to write and that I will be exercising my 4th and 5th amendment rights from that moment on and I SHUT THE FUCK UP!
Back in the good old days, that sometimes worked. It rarely does now. Cops are much more robotic.
Same here...the average person who doesn't let crackheads ride with them and who knows they don't have any contraband in their vehicle (unless you count Fruitloops your kids may have dropped own the seat) would be much better off just being normal and friendly on a traffic stop. I feel like the advise in this video is really only targeted at a person who already has prior convictions, and has something illegal in the car, and must roll the dice and try to do whatever they can to avoid getting more charges and going back to jail.
Besides that, he gives the impression that you are allowed to ignore police and stay sitting in your car when they order you out. The Supreme Court has already ruled that police can order occupants out of a car (Pennsylvania v. Mimms, 1977). Even just passively resisting will needlessly escalate the situation, and probably get you charges of resisting.
Similarly, the Supreme Court has ruled that police can search a vehicle without a warrant and without the owners consent if the police have probable cause to believe the vehicle contains evidence of a crime or contraband (Carroll v. United States, 1925). Trying to obstruct or interfere with this kind of legal search can, again, needlessly escalate things and get you in trouble.
Finally, if a police officer has probable cause to believe you're operating a vehicle impaired, almost every state has "Implied Consent" laws that require the driver to submit to a blood/breath/urine test. Failure to do so will result in a lengthy suspension of your driver license (up to 2 years in some states), and possibly even criminal charges depending on which state you're in.
Basically, don't let dirtbags ride in your car and don't act like a total di*k and you will be fine.
@@indianapolisindiana7856
It's not illegal to "let dirtbags ride in your car." I don't "let crackheads ride with me," but I do know people who smoke marijuana, something that's non-addictive and legal to use in many states and countries but is illegal in my state because the corrupt fossils in the legislature deem it more profitable to lock people up than to legalize & tax it. There's no need to "obstruct a search" but if you agree to it instead of politely stating that you don't consent, you're destroying all possibility of your lawyer arguing they didn't have probable cause.
@@alfrednobel3009 I didn't say it was illegal to "let dirtbags ride in your car." Whatever floats your boat man, you might hang out with different people than I do, but don't say I said something I didn't.
You need to get the cop on the record as to what his/ her probable cause before he searches it. The cop will just lie on his report and make up some probable cause. Turn the tables on them and get their lies on record. Film the police!!
1) They don't have to tell you.
2) They can lie to you AND lie in the report.
It doesn't really do any good to ask.
I like to put them in the asshole position. "If you don't tell me what you're investigating, I can't help you with it. I have to know what you're looking for to help. C'mon, man! Tell me what's going on. Help me, help you."
When they refuse to tell me, then I can't help...
Oh well.
Sorry you're being so uncooperative with your own supposed investigation, officer...
That's the whole reason for "licensing SCHEMES"!!!
Unless they grab the phone camera away from you, break it, and then aim their weapon at you. Then you should cooperate and maybe you’ll live through the experience.
We got deeper problems folks. Be careful of the cops out there . . . especially in California.
@@mistreme8341 I don't cooperate with known criminals!!! The Supreme Court has opined that videoing and recording public servants performing their duties in public is lawful! So, I hope they do what you said cause I'll bank big bucks in the end!!!
@@rkba4923 I hope you do! Just be careful of your situation in your area. Cops are very localized as to what they can get away with. But, that’s always been true, it’s just that this ‘exceptionalism’ seems to be spreading. Be careful out there! ❤️
Great advice! The only thing I would add is that I personally would preface my statement to the officer that I'm exercising my constitutional right against self incrimination with "Respectfully, sir..."
A bit of extra respect always helps!
Being stopped by police is not the time to show how funny you can be, or to pull out your best attitude. It's "Thank you sir", and "I don't feel comfortable doing that, ma'am" all the way.
@@lizcademy4809 Also, my answer "Was I speeding?" is not as stupid as I had thought.
Yes. Be very respectful and polite. Just say “I respectfully elect to invoke my right to remain silent Sir”. Just say some Civics teacher in high school advised all his students to do this.
@@lisamarielund6292 : Or better yet, every lawyer you've ever spoken to. (Including me!) 😊
Or you could just act like a normal human being, instead of pretending that you're Al Capone on the stand in a racketeering case in federal court, lol.
A magic phrase that carried me through interstate travel is: *"I do not consent to any searches"* works everytime.
until they get a drug dog that alerts to drugs....
@@srobeck77 you still have to consent to it. Otherwise, it's an illegal search, and anything found can be dismissed in court.
@@MSHNKTRL no sir, incorrrect
@srobeck77 let me guess, you're a cop and/or lawyer
@@MSHNKTRL let me guess, you have no actual law degree and spout off stupid things....
Mr Flusche, you helped me a few years ago when Stafford county got me for driving on suspended even though I was just getting gas at a 7-11, what a messy situation but you helped me and I thank you for it! I enjoyed this video and will share it around!
Thanks for sharing it!
How much cash did the lawyer take to help you?
@@iwineverygame1995 I used this guy in the past. I thought it was very reasonable and I didn't even show up to court -- he handled it for me!
@@iwineverygame1995 shouldn't lawyers be paid for their services?
@@JKiler1 Sure, a reasonable fee. That's not what they do.
They hold your freedom for ransom, usually 5 grand in cash, up front, regardless of outcome. That effectively eliminates about 90 percent of the American public from participating in the justice system. Then they want more money if the case persists.
They often take a retainer and then a massive 40-50 percent of settlements in civil cases.
There's a reason why there's a universal feeling that lawyers are lying scum.
It's because they're lying scum.
If every citizen watched this video and took the advice to heart....we would see a real change in policing in this country.
The problem is people who feel that if they aren't doing anything wrong, they are ok with getting searched.
@@wyskass861 Freedoms come with responsibility.
Watch TV shows like The First 48 or COPS and you will see that 90% of the people they stop and interview never ask for a lawyer and talk their heads off...
We would probably see laws changed making it mandatory to consent to a search. They have to make their money somehow.
@@eiyukabe they would have to alter the constitution.
This video needs to be shown in drivers’ ed classes and to high schoolers above all!
"Do you know why I pulled you over?"
"No. I expected you to know."
"Do you know why I pulled you over?"
"Officer, if _you_ don't know then why are we here?"
That is an excellent response!
@@chainlink4241 I say, "to meet your quota?"
@@locutusdborg126 They don't like that one lol...
‘No, Officer’ is sufficient. Anything ‘smart’ will just give them an excuse to hurt you. Be careful out there, folks.
Cop: "Do you know why I pulled you over today?" Driver: "You needed to meet your quota?"
I like that response, but the officer won't
If you don't know, how the hell should I?
A better answer: You mean you don't know either?
ticket quotas arent a thing anymore. also being rude is a great way to talk yourself into a ticket. cops more than likely will give you a verbal/writen warning if you are cooperative and polite for most things unless its something crazy or whatever, and even then you can go to court and fight it there and your politeness and stuff will help you. acting like an ass will do nothing but hurt you
@@ghostbirdlary well duh but you are so wrong about the quotas!!
I was in an accident where I choked on my drink (diet coke) somehow and coughed so bad I passed out on the highway going 70mph. I went through a guard rail over a hill into a ravine and smashed a tree head on before I woke up. So I'm making my way up the hill on my own power even though hurt (10 broken ribs and punctured lung probably from airbag). Cops arrived as I was coming up hill... I was still 30ft from cop and he said "I smell alcohol how much have you had to drink". WTF? Even if I was there was no way that far away he could smell my breath. I didn't invoke my right to remain silent instead I said "F**k you" :) Got to the ambulance and cop came over to EMT's wanting to give me breathalizer... EMTs told him NO I had to go now because I couldn't breath good. Another state patrol came by the hospital I got sent to asking me to pee or submit to blood test. I said NO. Then they transferred to from Ohio hospital to Pittsburgh Trauma Center because local hospital said they weren't equipped for the help I needed. Police are just out to get "points on their record" for busting people. They don't care about people. They care about arrests.
A. Flusche J.D. did a fabulous demonstration of exercising his 5th amendment rights at 1:11 but especially at 1:18
"Yes sir, No Sir, Thank you Sir"
This guy is legit hurting his potential income by informing the public to protect them. What a boss.
Not to mention the way you _know_ the cops will treat him if they ever get an excuse to put him in a cage.
There’s plenty of fish in the sea.
Officer Andy is a great character, brilliantly acted. Cheers!
Officer: "Do you know why I pulled you over"
Me: "Yes sir, you saw me before I saw you"
Now that is a perfect keep everyone at ease comment. Nicely played...
Very informational.
It's funny you brought up marijuana. Years ago in a small town down here in TX the city police and sheriffs department would "claim" to smell burnt marijuana during a routine traffic stop to search your vehicle. Yes, I occasionally smoke for my epilepsy, but NEVER have it in my vehicle or on my person and never drive while impaired. In fact, at that point, it had been at least 3 months since I had any at all.
During this particular traffic stop the officer claimed that I was traveling over the speed limit which may or may not be the case, but then claimed that he smelled alcohol on my breath. Remember, I'm epileptic so I don't drink AT ALL due to the fact that it will cause a siezure. I even said so to the officer, (and I have to give credit to him that he turned off his forward lights for me). When I refused to take any sobriety tests he changes his story from alcohol to "smelling marijuana". Two more units showed up and I was detained for nearly 3 hours alongside the road while they searched my vehicle and personal belongings on me. They tore open my driver door panel and broke the console in my truck doing so. Is this legal for them to do and what, if anything could I have done differently?
You could go after them for damages . It won’t help though because the corruption and apathy.
If you can prove any of that, go after them for civil rights violations and damages.
File a freedom of information request (FOIA.gov) for their body cams before (and if) you decide to pursue any legal action. Departments that investigate themselves will hide those videos from you because they’re “evidence”
Illegally extending a traffic stop without reasonable suspicion is illegal (Rodriguez V USA). The cop detaining you may have been retaliation for refusing roadside sobriety tests. If the incident caused you any emotional distress, that may be significant in a case against them as well.
Disclaimer here that I am *not a lawyer*, but this is my understanding of the law.
Definitely find an attorney who specializes in civil rights/police interaction cases
That canine search, holding you up till the canine gets there, is a pretty shitty tactic used to violate rights.
There’s case law on this
The officer can only detain you for as long as it reasonably takes for the initial reason for the stop :example (speeding 12 minute avg from stop to signing ticket ) anything beyond that even if K9 finds something it would be dismissed as long as you didn’t agree to waiting or agreeing to search ..if they say you’re going to wait for the (free air sniff) tel them you do not wish to be detained you want to be free to leave and repeatedly say it… if 👮♂️ Does anything after that a lawyer can help ya
@@shaunb8094 That being said, don't ever say "go ahead and get the dog". It may imply your willing to extend that time to wait for the dog. When posed with the threat of bringing a dog into the equation, just state "I don't give anyone permission to search my vehicle", then ask if you're being detained. Repeat every time your asked another question.
u have to put the dog on the stand and question them. so much for facing your accuser oh that is gone anyway
Courts have determined its notnlegal to hold up up while a canine arives.
Lawyers charge by the minute, make their job quick and easy. "I don't consent to a search. I'd like to leave. Am I being detained or am I free to go?"
Andy, thank you for all these informative videos. You’ll never know when you can get into trouble with a cop and make sure understand Andy’s tips and know your rights. Because I was thinking cooperating with cop would be good for me, I was arrested for a bs thing and cost me thousands of dollars, work and my health. Never ever talk to a cop, they don’t wanna help you. They want to arrest you and put you in a jail. And you’ll understand how can be a life saver a good lawyer. God bless all those lawyers.
Thank you for all the information you provide. it's valuable.
Also, the characters you play are very amusing, and informative.
If you have bought a used car, can you be certain no incriminating substances or object were not left in the car by the previous owner. Be sure the car lot did not do a deep detail on the car before you bought it. Even a bullet or empty shell casing can be used as evidence of your participation in illegal activities. Never forget this, the officer is on the same team as the prosecutor, and in many states, they are allowed to lie to you to gain evidence. Limit your speech and permissions, and your potential liability is reduced.
The best way to handle traffic stops is to prevent them. I set my cruise control to the posted speed limit, and stay out of the passing lane. Answers to their questions: "I do not consent to any search," and "I require an attorney to be present before answering any questions."
I was on the border between Henrico county and Richmond city and I made a U-turn back into Richmond city and a Henrico officer pulled me over. The very first thing he said to me was, "So how much weed have you smoked?"
And my reply was, "Excuse me sir? I don't even smoke weed." Which is true, I don't smoke it because it gives me anxiety. I was genuinely shocked by that question, but he pulled me over because I forgot to put my headlights on and it was early in the morning, but I was sitting outside of a busy fast food restaurant that stays open late and I was eating in my car and pulled off and that is why I had my headlights off but I forgot to turn them on.
And is there something else that I can say to an officer other than "I invoke my right to remain silent" if they ask me to search or if they ask me about guns or drugs?
I have a legal concealed carry license, if I am carrying what do I say then? Also, I know people don't like to acknowledge this but, I am black and I do believe, as I've had experiences with the police myself that would support this idea, that police are more biased to think that Black people are criminals or are going to be a danger to them. I'm not saying that they aren't like that with other minorities or aren't like that even with white people, because they are, I just think there is greater bias against Black people.
Especially during everything that's going on now. So my question is, what should I say rather than invoking my right to remain silent?
Because I personally believe that me saying that can be taken as a threat to the officer, maybe not legally, but personally they can believe that non-compliance is probable cause because they look at me and assume I am going to hurt them or be dangerous in some fashion.
Also I understand that police officers have a dangerous job, and they truly never know who is going to be a danger, so it may be right for them to assume that everyone is until they prove that they are not, but that kind of attitude causes far more problems than it solves.
Officers will "lead you down a rabbit hole" like you said, but I believe that any non-compliance is seen as a threat to an officer, especially when it's coming from a black man or woman. It really is sad that a few bad apples have tarnished the entire badge that every police officer wears, but these are things I have to think about because I'm more likely to be killed by a police officer.
I'm not trying to whine or make myself a victim, I'm asking you these questions so I can empower myself and take better action to prevent such things from happening because I understand the responsibility is on me to change. I just want to explain my situation and the questions that are going on in my head. Thank you so much for this video and for the advice that you give, but if you could clarify these few things for me, I would greatly appreciate that!
Hey Payton! These are great questions. My best answer to protect your rights is to simply not speak to the police. Yes, they may be suspicious if you don't talk, and they may cook up a reason to search anyway. But talking doesn't normally help.
If you want to be less confrontational and the police ask to search, you could just say "no thanks."
There's a really good book about "arrest proofing" yourself that you might be interested in. Here's a great podcast that discusses the topic and the book: radicalpersonalfinance.libsyn.com/replay-456-protect-your-money-by-arrest-proofing-yourself-and-your-children
@@Andrewflusche Thanks for the link!
For the “do you have guns or drugs?” I like to say “I have nothing illegal”
@@brianblack546 I like to say “wouldn’t you like to know, badgeboy?”
Really wish every state had a someone like you dedicated to educating us on our local laws….!
Great video! In the early 90s I was a Coast Guard officer stationed in the bayous of Louisiana with a Massachusetts license plate. I got pulled over every week for something. And if they didn't have anything (which was all the time), the cops would remind me of state "residency" requirements.
Always have a dash cam recording your speed, and all conversation. It's easy to buy a $20 Head-up Display on Amazon to capture in the frame of your dash cam. Just tell the officer everything was and is being recorded. Works every time.
Good delivery, I enjoy the levity...... THX
I remember getting pulled over as a teen for no reason every time i drove past an officer... every goddam time... only times i wasn't pulled over was when i was actually doing something wrong
You were mostly right about everything except when you said they are good at their job and are trained well. That is not true. Most don't even know what there true job really is.
All-star comment 🤣🤣🤣
They are good at making cases against citizens.
'Their'
"To harass and collect."
On a related note, many lawyers are also not good at their job, and are not well trained when it comes to Constitutional issues. This video is a great example of that.
For instance, the lawyer in this video should have told people that the Supreme Court has ruled that police actually do have the right to order people out of a car (Pennsylvania v. Mimms, 1977). Failure to comply with such an order will result in unnecessarily escalating a traffic stop, as well as charges of resisting law enforcement.
Similarly, the Supreme Court has also said that police can also search your vehicle without your consent if they have probable cause to believe your vehicle contains contraband or evidence of a crime, or if they detect it in plain view (Carroll v. United States, 1925). Similarly, not cooperating with police when they are legally trying to conduct a warrantless search can land you in trouble.
The lawyer also should have mentioned that nearly every state has implied consent laws which require drivers to submit to a blood/breath/urine test when an officer has probable cause to believe a person is driving impaired. Failure to submit to the test results in lengthy license suspensions, up to 2 years in some cases, and in some states can also result in criminal charges.
Much of what the lawyer says in this video is true, but he leaves out some extremely important information, and I fear his "advise" here could cause a motorist who may have ended up just driving away with a warning, to instead land themselves in hot water. In my opinion, the legal advise in this video is reckless.
Interesting and informative video. I'm wonder about the not uncommon circumstances when the driver of the vehicle is not the owner. And to further complicate matters, let's say that the owner of the vehicle has an outstanding warrant.
The driver has invoked his right to remain silent and denied consent to search.
Am I correct in assuming that the driver need not provide any further explanations?
Too funny, this guy being the cop and the lawyer. And the name tag Officer Officer lol.
I feel like this should be a class in high school; right next to driver's ed.
I wish he had gone a little deeper into the obstruction laws, but this was excellent information. So many officers steamroll over citizens just because they are not aware of their legal rights provided by the constitution and amendments. Legally, they can ask anything they want, but if you invoke the 5th, an officer cannot compel you to answer questions. So many people get scared and nervous and just start blathering on and telling officers so much that they do not know and just make their situations worse. For the example this gentleman stated, when an officer asks you, "Do you know why I stopped you?" They may be stopping you because your taillight is out, or you made a rolling stop through a stop sign or broke some obscure law that you didn't know existed, but if you tell him you broke laws that he didn't already know, you're just costing yourself more money and possibly giving the officer probably cause to search you or your vehicle. It is honest to tell an officer that you do not know why they stopped you...there are over 10,000 laws on the books and even lawyers and judges do not know 100% of the laws, so expecting a normal citizen that does not work with the law everyday, it's honest to say you do not know why the officer stopped you.
I would add to this: ALWAYS RECORD YOUR INTERACTION WITH THE POLICE!
The most hilarious time I was pulled over because let a drug dealer cross the street. I honestly didn't know the guy he was just a pedestrian to me. I told them plain and simple pedestrians have the right of way and I'd rather not hit someone with my car. The cop asked me to buy drugs from him and turn him over to the cops, if I was innocent and had nothing to hide. I laughed in his face told him I've seen enough movies to know what happens to that guy and could he find another pawn lol
Which begs the question:
"Why did the drug dealer cross the street?" To get to the dope on the other side - so don't be the dope.
@@briseboy that's nonsensical, the cops presumed I knew the guy, and this wasn't a busy road or anything, this was a neighborhood street. I don't know about you but when driving in my neighborhood if I see someone trying to cross the street I stop.
@@kageakuma3009 In New York, the law states that you must stop for pedestrian's crossing.
@@lewiechase8608 It's the same in NC, the cop simply didn't realize I knew it was the same here.
@@lewiechase8608 that's perfectly fine. The problem is why doe it become a problem only apply to certain people? If you look at history many GS cookie locations hida huge amount of sexual; abuse
Thanks for the info.
You're welcome! I hope it's helpful.
@@Andrewflusche Florida law , forced not to see my father. Pandored to thier whoring....
Adoption took'n place.....
The cop is going to do whatever they want, so try your best to not make it worse for yourself. Don't try to stop them.
In my experience, it was not what I said (or did) or did not say (or do) that got me in trouble. It was the misrepresentation by the policeman. He did not report accurately, so I was blamed for something I never did. Then, it came down to my proving the truth since he is considered a trained observer. Without a witness to support the truth, I lost.
Exactly. Choosing to protect your rights as this video portrays rarely works well in real life for ordinary citizens.
Great advice. Thank you!
4:40 - You mention that giving permission to search the vehicle forgoes any probable cause unless you can prove that consent was not freely and voluntarily given. But at the end of the day, everything a cop requests has an inherent, automatic threat of violence behind it. If you do not cooperate, you are literally risking your life.
And you aren't going to win any confrontation on the street. Comply, and if the cop does something illegal you will get your day in court.
Yes and no. Courts have consistently ruled that a reasonable person would not think that any request from an officer is an order. If he asks, "may I search your vehicle?" you saying "yes" would be purely voluntary. If after saying "no," the cop continued to press you, whether threatening you with arrest or through other coercive means, then you'd have a case.
Andrew, I enjoyed your video a lot. These things need to be talked about. I watch your videos from Emporia, Virginia. A police encounter happened to me in Kinney County, Texas a few years back. I was on ranch road 674 heading northbound exiting the town of Brackettville. I was stopped for speeding, as I was building the speed to the next posted speed limit area along the route. Long story short. The sheriffs deputy wanted to search automatically. I refused the search politely. He calls the border patrol and state trooper to assist with a dog to sniff the vehicle. He then informs me that the dog has alerted on the vehicle. Those police searched everywhere. Didn't find a damn thing. The traffic stop lasted about an hour and 30 minutes. He ended up issuing a warning for the speed and allowed me to leave. Lastly, Andrew I have learnt that the police can press a search and probable cause is not needed.
The 4th Amendment means very little these days, unfortunately. But politely refusing is one of our best tactics.
@@Andrewflusche Yes sir. I believe what you are saying. Lawyers like you are very needed these days. When dealing with police encounters, I use practical responses towards authority to end the encounter quickly as I can but correctly when possible. Andrew, you should do more videos talking about this stuff. You are doing good.
@@Andrewflusche I politely refuse, tell them everything is recorded and uploaded, and ask for an attorney and will remain silent. Your video on video cameras is excellent. Can a person contact you and put down a retainer fee and get your cards to hand to the police????
@@guyman4234 Thanks! I don't do retainers for this sort of stuff, but I'm happy to try to help if you get into a jam in my area.
According to _Rodriguez v. United States_ (2015), the police cannot extend a traffic stop for the purpose of conducting a dog sniff.
Do a video on rodgriguez vs USA and the unlawful extention of a traffic stop for the use of drug dogs
Great idea! This is one of my pet peeves. Thanks!
Love your videos! Where I live you are required to get out of the car if asked - and you will be asked if you don't answer questions. At that point you can and will be detained for the safety of the officer without any probable cause and put in the cruiser for questioning. Refusal to take the breathalyzer or field sobriety tests is an automatic license suspension. Know your rights where you live and act accordingly. Where I am polite simple stock responses are best including a polite refusal to any search. A reasonable explanation like, "Last time I let someone search they damaged my vehicle" or "I have a policy of never letting strangers into my vehicles for any reason - too much liability" works well. Not talking at all = guaranteed tickets and trouble.
Totally agree. The goal is to NOT get a ticket. If you give a little at first -- tell him where you are going, etc. You are more likely to get a warning. If they escalate like trying to search your car etc, then be more assertive with your rights.
Dope breakdown. Lotta insight fam 🤧💯
The thumbs down obviously from some form of L.E.O., or Court employee !
Hahaha. Epic.
Great job at explaining things. I wonder how the advice in this video would apply in Missouri, or Iowa/Illinois as I generally only drive in these states since I live in Missouri.
W/o having researched, I *presume* the principles are mostly parallel - it can't hurt to try using them: the worst outcome is the cop says you're full of beans and then you're either "correctly" arrested for whatever or they squirm like heck in the courtroom!
Here's one for you. Can an officer legally order you to do something that endagers your life or will place you in harm's way?
Here is the situation. I have super light sensitive eyes. It is a doccumented medical impairment (there is a term for the condition but I can't remember it), I have to wear shade 5 welding goggles when in sunlight or my eyes will bleed and other issues that have resulted in hospital visits. I once had an officer ask me to remove my goggles at a stop. I politely explained that I could not and asked him to call the police department and speak to an officer who had known me and of the condition for many years and he did and there was no problem. But had he chose instead to insist, how should a person respond ?
"According to published HIPAA regulations, I do not have a duty to respond to your demand. I therefore invoke my Constitutional right not to respond". Then keep quiet. The less you say, the better. After he/she returns from his car, (he will be checking your license for parking past due tickets and to see if you have any warrants). Then ask the officer if you are free to go.
(Disclaimer, I am not an attorney). But there are laws in place that do not require you submit PHI (protected health information) to authorities. These issues are now coming to detailed review and the courts, over COVID issues.
“Individually identifiable health information” is information, including demographic data, that relates to:
the individual’s past, present or future physical or mental health or condition,
the provision of health care to the individual, or
the past, present, or future payment for the provision of health care to the individual,"
www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
Sanjosemike (no longer in CA)
Retired surgeon
@@sanjosemike3137 that has nothing to do with HIPAA. Trying to pull that will just get you in more trouble, because you're bullshitting. If you want to reference any law in this situation, it's the Americans With Disabilities Act.
You're lucky you had a friend in that officer's police department, and that they could get ahold of him that quickly. That move won't work for many people.
Photophobia...I had it post-OP and still do, esp in hazy days.. bilateral retina disease. Its awful
Get a letter from your doctor, keep it in the car. Say you have a medical condition, offer to show them the doctor's letter. If that doesn't do it, tell them you need to go to a hospital.
I was pulled over 50 yards away from a speed increase (I was starting to increase my speed a little early, but only by a little). It was around dusk and the officer said the dome light in my car illuminated my bloodshot eyes enough that gave him cause to wonder if I had been drinking (I drink absolutely ZERO alcohol). First off, the dome light on my Chevy Cavalier is anemic (at best) and there was no way it lit up enough for him to have made that assessment. NONE. I got out after he asked me to, and administered a field sobriety test, which was quite difficult and I was stone cold sober. I remember clearly thinking I was going to be arrested even though I hadn't drank anything simply because in general, I don't have the greatest balance when it comes to some of the quirky things he asked me to perform (none of which anyone would do ever, unless they had previously been pulled over for drinking). I guess I was lucky (or I passed, I'm still not sure which) but he let me go, but it really bothered me how the officer went about conducting himself and falsely claiming I had bloodshot eyes (which I didn't) and he lied about being able to see them with the dome light. I appreciate law enforcement, but it's stunts like this which make people cautious and leery and make many of them less trustworthy.
I dont think you should trust anyone that you dont know well, including LEOs
@@jaymzcarter5458 Oh I typically don't. But I at least TRY to think of most of them as decent humans just trying to do their jobs. It's when they abuse that authority that gives the rest of them a black eye...unfortunately.
@@jeffedwards6920 And when people see the police repeat questionable tactics over and over, the people become separated from the police force because of losing trust in the police treating everyone fairly and equitably. The more bad behavior caught on video by a police department, the less public trust and cooperation with police.
@@davebeach2343 Of course...but I'm not going to unfairly judge all law enforcement the same because of the horrific actions of a very tiny minority. That would be immoral and just as wrong.
The Standardized Field Sobriety Tests (SFST) are actually very scientific, and officers are trained to look for specific physiological indications of intoxication, such as Horizontal Gaze Nystagmus (HGN) which will be present in intoxicated individuals, and will increase as their level of intoxication increase. It's not just about seeing how well somebody can stand on one foot, as your experience illustrates.
I realize that it can be scary and uncomfortable going through a DUI investigation, but we should bear in mind that thousands of innocent people are killed by drunk drivers each year, and it's not always easy to immediately tell when somebody is highly intoxicated. If a person is a heavy drinker, they may be able to do better on a test like the one leg stand than some sober people. But there are other, more subtle, indications of intoxication that they cannot hide, such as HGN.
Since you refer to the SFST as "stunts", do you have a better suggestion of how police should investigate someone for drunk driving? A hardcore drinker can appear very sober upon casual contact, even when they may have a BAC that would have the average person stumbling around and puking.
Ive recently discovered your channel and this extremely valuable content. Thank you
I NEVER talk to cops or answer questions!!!
Thanks for the really good advice !
Cop: "Do you know why I pulled you over?"
Me: "I don't know. You're lost and need directions?".
I just can't help myself at times. Go on. I'm listening.
Cop: Do you know why I pulled you over?
Me: Sir, if I could read minds like that, do you think I'd be driving this POS?
Great instructions. Thank you.
Confucius say.......Don’t talk to the police👀
To clarify........Feel free to “ask” questions.......Do not “answer”questions👀👀
Spot on!
@@Andrewflusche could they successfully articulate you're impeding a police investigation?
@@nickabel8279, you have the legal right to not incriminate yourself. If the investigation COULD lead them to the conclusion that you have broken a law (even if you're not the one they're investigating and even if you are unaware of having broken any laws) then you have the right to not assist. You can't "obstruct" the investigation, but you can't be compelled to assist in it.
@@---cr8nw thanks! Never know with how things are articulated these days
You're a good man for publishing this kind of content. It amounts to low-key whistle-blowing on the increasingly dangerous largest domestic terror organization in the United States (if not the world). I hope you aren't punished badly for it.
Cop: "Do you know why I pulled you over?"
Me: "Because you've got nothing better to do. Because stopping me is safer than stopping bank robbers. Because you've got a quota to fill...should I continue?"
7:01 In NY, refusing a roadside FST is an 'automatic' 1 year suspension of your license. They way I understand it, accepting a driver's license the state of NY means that you have given implied consent to being administered any sort of sobriety testing. It's my understanding that refusing a FST during a traffic stop will guarantee you will be arrested.
“Do you know why I pulled you over?”
“Yes because you got all Cs in high school”
I like that answer
@@todd-617 my ex actually said that once. Must have touched a nerve because he got in his car and left. We were just sitting there staring at each other like “wtf do we do now”😂
@@AndyGeesGarage Premium content!!
I got all D's in high school. Now I make more than people who got all A's. School smarts means absolutely nothing
@@EverydayIndividual it was a joke. no one cares.
I live in a rural area in Texas and was on my way home from Dollar General. I stopped at a 4 way stop and saw a sheriff's car approaching from straight ahead. I made double dog sure I stopped, had my blinker on, then turned right. He stopped me, asked me where I was coming from and I told him. He said I ran the stop sign. I said no, I saw you coming and made sure it was a complete stop. Then he switched and said "Well you didn't stop behind the line." There may have been a line at one time but it had long worn away. I shook my head and said there is no line and asked if I could go because I had groceries that needed to be refrigerated. He let me go with no ticket, no warning.
True story. A few decades ago I picked up a hitch hiker. I took him a little ways and dropped him off. A couple of days later a friend of mine was getting in my car and found a bag of weed. It was not mine but I'm 100% sure that if a police officer had found it there I would have been charged with possession of marijuana. My point being is that you really NEVER know for sure what might be in your car so you never consent to a search. Good advice lawyer Andy. Ya know Officer Andy looks like he might be related to you.
MY BF FOUND A BAG OF WEED IN HIS WORK TRUCK ONCE AND IT WASNT HIS .... YOU NEVER KNOW
@@stargirlzxyea definitely wasn’t his… I’m sure that’s what he told you
@@Toothbrushs there was a guy that used to take that truck home every weekend. Plus my bf didnt smoke so ...
There is a good chance the hitchhiker was grateful and left the bag as a gift, as a way of saying thanks. Not kidding.
Love your vids. Thanks Andrew Flusche!
"Do you know why I pulled you over?"
BECAUSE I'M BLACK!
[I am exceptionally Caucasian]
gabriel iglasius did that lol
And then when he or she says, "You're not black!" (or anything else at all) you say, "That is just another *_lie_* perpetrated by The *_Man_* to keep a brother *_down!!!_*
@@OgamiItto70 funny. But they took some people who think cops only pull over black people and had them try to ID the race of drivers passing by on a busy road. They couldn't.
Thank you for your knowledge
Seen plenty of videos online where pleading the 5th escalates the situation with police. What should you do in situations like that?
Probably demand a lawyer, shut up and go limp. If they escalate because you've invoked your rights, then it's obvious they've thrown the law out the window and they're planning to illegally arrest you or kill you.
Citizen Andy surrre does act suspiscious and a little giddy, at times. Its tongue-in-cheek hilarious.
You should add the disclaimer that in most States if you refuse DUI road testing you will be taken to jail and license suspended.
It always depends on jurisdiction. For example, in CA the implied consent only kicks in once you have been arrested for DUI, which means the officer has to establish probable cause without breath or blood testing. You can refuse the preliminary screening breath test and field sobriety tests with no penalty.
I've read some of the comments of people's experiences here. The last time I was stopped was by a Wisconsin highway patrolman. I was going 15mph over the limit. He asked me if I knew why I was stopped by him and I said I was going 70 in a 55 zone. He said he clocked me at 72mph. After checking my vehicle registration and whatever else he did in his car he let me go with just a warning. I really think being honest with him saved me from getting a ticket. I was from out of state as well, so I'm not sure what would have happened.
I'm not sure how I'll respond next time!
When asked if you know why you were pulled over you can do a Fluffy and hold up a box of donuts and say, "Because you smelled them?"
its the fat and the furious
Worked for me once.
1:14 😂 That was funny; I was not expecting that!
How about a video on what to do when you are polite and invoke all your rights, but the cops still threaten, attack, and kidnap you?
Did you get kidnapped by the police? Do you mean arrested? I'm confused
@@Andrewflusche Blind Justice means NOT breaking the law and kidnapped......you know unlawfully arrested.
If you politely say you are exercising your right to remain silent at the first question and stick to it, you will get the ticket but it will end there. Done it a few times. They may call for back up but stick to remaining silent.
@@Andrewflusche He means the cops plant evidence, lie that you resisted (or some other phony charge -- 'disorderly conduct ' is a favorite, or 'obstructing'), deliberately escalate a situation, keep you against your will far longer than, @ 3:43, "only gets to detain you for a very limited purpose and time". Even if they let you go with just the original purpose of the stop, once they force you to stay beyond that "limited purpose and time", it looks and, feels, like kidnapping.
Cops have threatened to fabricate charges against me for exercising my 5th amendment rights.
Luckily they didn't but they easily could have.
HAPPENED TO ME 20 years ago........I bought a used 1977 Buick Regal Landau from an 80 year old lady. She bought it off a local used car lot 5 years earlier. She was a widow and only user of the car. Well I gave her the $400 she asked for it and drove it home. I was really busy at that time and did not have a chance to really clean out the interior. So I decided this was the day. So I pulled the back seat out to vacuum it and let me tell you......"Cheech and Chong" and "Spicolo" from "Fast Times at Ridgemont High" must have owned the car based on the assortment of "things" & "items" behind that seat. The stuff was probably back there for many years. Either way I would have been in big trouble if the car had been searched.
When an officer asks me how much I've had to drink, I always respond with I've been drinking all day. When he asks me what I've been drinking I respond with water.
That's cute until he doesn't ask the second question, just pulls you out and arrests you on your confession.
I actually did use this once, the officer asked me if I had anything to drink that evening, I said yes. He said "What?" and I said Pepsi and water. He nearly cudgeled me with his Maglite. Better to just say nothing. They don't want to hear the truth.
@@Qriator Because they have sticks shoved so far up their ass.
@@Qriator I'd give you the taser ⚡
This is very good. Thank you.
I don't answer any questions. I follow all lawful commands, but nothing more.
This lawyer is super cool………..and intertwining
Trained well? With only 6 months training? You’re points are awesome and we all thank you, but please! They need to be trained for years before they are allowed to police! I had to train for two years to be a welder and we don’t even use weapons. This is simply a broken system of Law Enforcement worldwide! With the exception of the Dutch!
At 3.00 I can't remain silent if asked about weapons. In California, one of the conditions of a concealed carry permit, is to always tell an officer I do have a weapon and to surrender the firearm upon request. Unfortunately, that will most likely result in being searched for any other weapons.
Your fault for living in California. Move to America where there is still *some* freedom, justice, and personal responsibility.
@@user-nh3gu1ge3d can you name a state that doesn't require disclosure to law enforcement that you are lawfully carrying a concealed firearm? Some states require notification up front, California requires notice only upon being asked, yet most LEO appreciate being told without waiting to be asked. Some states don't require a permit to carry concealed, maybe that is the freedom you are referring to. In my opinion, some restrictions are necessary for public safety, with freedom comes responsibility.
That's not the only example where this lawyer is giving incomplete and possibly dangerous advise.
For example, he gives the impression that you are allowed to ignore police and stay sitting in your car when they order you out. The Supreme Court has already ruled that police can order occupants out of a car (Pennsylvania v. Mimms, 1977). Even just passively resisting will needlessly escalate the situation, and probably get you charges of resisting.
Similarly, the Supreme Court has ruled that police can search a vehicle without a warrant and without the owner's consent if the police have probable cause to believe the vehicle contains evidence of a crime or contraband, or if there is any "exigent" circumstance requiring an immediate search (Carroll v. United States, 1925). According to the "Carroll doctrine", a vehicle does not have the same expectation of privacy as a residence. Trying to obstruct or interfere with this kind of legal search can, again, needlessly escalate things and get you in trouble.
Finally, if a police officer has probable cause to believe you're operating a vehicle impaired, almost every state has "Implied Consent" laws that require the driver to submit to a blood/breath/urine test. Failure to do so will result in a lengthy suspension of your driver license (up to 2 years in some states), and possibly even criminal charges depending on which state you're in.
Basically, don't let dirtbags ride in your car and don't act like a total di*k and you will be fine.
Check your state laws before refusing DUI tests -- breathalyzer or roadside. In Texas, refusing to take these tests when asked can have serious consequences -- loss of driving privileges for 180 days.
From the three Texas lawyer sites I just looked through, this is incorrect.
There is an implied consent law in Texas that means you give consent to those tests AFTER you've been arrested for DUI. You are under no legal requirement to do so before the arrest.
Refusing after the arrest results in fines, revocation of license, etc., but you're free to refuse before the arrest. The Supreme Court ruled that making it a requirement before an arrest is unconstitutional.
There are some circumstances in Texas that may force you to take a test such as if they suspect DUI and there was major injury / death as a result, but the majority of people can refuse.
@@BNails You are right -- I missed the "after you're arrested" part. This just shows why it's important to understand the laws in your state. So the corrected statement should read: In Texas, you may and should refuse DUI tests when simply asked, but if you're arrested for DUI and asked, refusing to take a DUI test could have serious consequences if there was probable cause for the arrest. Unfortunately, I'm assuming the standards for probable cause are pretty low -- "I smelled alcohol on his breath" might be enough.
@@garyneal3926 It's the same as in my state - Pennsylvania.
I can tell the cops to go pound sand... until / unless I get arrested for DUI. Then I have the choice to comply or face a mandatory revocation of license.
Laws are weird.
Best strategy, don't drink AT ALL. If you do drink, don't drink AT ALL if you will be driving.
Excellent Presentation !
Cool brother this is different I luv it
In Pennsylvania, if the police suspect the driver is impaired and they refuse or fail a field sobriety test, they are then subject to a blood test. If they refuse, it is an automatic 1 year minimum suspension of driver’s license. Remember, each state sets their own motor vehicle codes & regulations.
"Got any guns in the vehicle?"
Yep! And they're really cool! Wanna see?
That's what got Philando Castile killed. He told the cop he was armed and that he had the proper permit. Cop shot him.
Got any large suns of cash on you? How much is a large sum of cash?
It got me a warning every time I said it.
I like it when they know for absolute certain the kind of firepower I can deliver.
...and that I can call my own backup, too.
Screw with me and die.
Make Government Fearful Again.
I am not a domesticated pet.
I don't want to hi-jack your channel but "Audit The Audit" has story after story about all of this. Really good stuff to add to the info you are providing.