LAWYER: 5 Tips When Cops DEMAND Your ID
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- Опубликовано: 4 апр 2024
- If a police officer walks up and demands your identification, can you refuse? When can cops force you to ID and what protections do you have under the law? Learn the top 5 tips of what to do when cops demand your identification! Know Your Rights & Protect Yourself!
This is not legal advice. I AM NOT YOUR LAWYER. Sorry! All content provided is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
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The process is the punishment. Not everyone can afford a lawyer.
Police know this. They thrive on it.
@@jasonshults368 And they know no money comes out of their pocket if and when it does go to court. In some cities they get overtime while they railroad and lie in court.
One of the things I've heard is "You can beat the rap but you can't beat the ride". Meaning you might get cleared in court but you still are going downtown for a few hours or overnight.
@@jasonshults368I was falsely arrested and imprisoned by police last year. I've tried to sue the cops involved twice, with each time my case getting dropped in lieu of more lucrative cases.
Well this guy is a lawyer, so he benefits from the process.
California finally had a good idea. As of 1/1/2024 a policeman must inform a person why they are being stopped before asking any questions.
They are still allowed to lie to you, and there is no penalty associated with that law.
@@jasonshults368at least where I live, the police can lie, in certain ways. Such as saying your boy told us everything, and see what you say. However they can not say we have physical evidence when they don’t have any. Such as we have your dna, finger print, etc. it’s weird imo.
I always thought they were supposed to in the first place. I was wrong
nothing good in California
There is this neat thing called Miranda v. Arizona where you don't have to answer questions.
'It's not defense that you did not know a law'
Unless you're a cop in which case you have Qualified Immunity, because it's too hard for cops to know all the laws but you are expected to.
👍 A thousand times!
And they routinely make fun of citizens when they know the law "are you a lawyer?"
The cop often denies knowledge of the law, so they can abuse your rights; after all, they have immunity, and they will take full advantage because they want to.
@@jeffkidder5282 Isn't ignorance of the law not an excuse?
@eroseland I've heard it said, "Ignorance of the law is no excuse." I think this was said by a law official, of course. I'd like to know what the law states and where to find it stated.
The law, nation wide, should and must be that they must provide reasonable articulable suspicion prior to requiring you to provide ID and in order to detain you. Otherwise, this is not a free country.
I support this fully. Force cops to make the statement why they were pulled over. If it's later determined to have been fabricated, cop to jail for unlawful detention, official misconduct, etc.
Free country left the building 200 years ago.
Agreed. And when they state, you were speeding, your tail light is out, you swerved... produce your ID. TOO often, police are told, "I didn't know that was law....speed limit...". I have heard from many police officers, "that driver told me Georgia law does not apply bc I live in _________, not in Georgia." If you have diplomatic immunity, show your ID.
I agree entirely. No RAS or probable cause or statement of traffic violation = no ID
They don't have to do squat . you're on point , we are not a free society. I just laugh when I hear Trump supporters talk about freedom, you have the right to remain silent, I blame juries, they are manipulated, they throw ringers in their that take over and people fall right in line., judges used to be in partial most places, not anymore, people are convicted with absolutely no evidence. It's just a prosecutors theory. Watch date line or court TV. It's a screwed up deal.
If you are likely not to reaffend, they keep you in jail longer. If they know you're coming back, they kick you loose. It's all about control and the money.
Had a national park law enforcement officer pull me over ask for my ID. When I handed him my passport he got mad and I had to tell them what a dumbass he was because he asked for an ID not a driver's license.
I told him I did exactly what he said. A US passport is the best form of ID. 🤔
You are correct. 100%. A four or 5 star passport is the only thing that one should hand a cop. The vast majority of Americans are U.S. Nationals, NOT U.S. Citizens as per Blacks Law Dictionary. Your ALL CAPS name on your drivers license signifies to the officer that you are a contracted US Citizen and that you voluntarily fall under their jurisdiction in Admiral Law. A drivers license is only necessary for one operating in Commerce.
@@MarkPernia-vv1le All persons born in the US are US CITIZENS. SO all "US NATIONALS" (not defined in Blacks Law dictionary) ARE US CITIZENS. Some small fraction odf CITIZENS are not NATIONALS.
@@MarkPernia-vv1le Do you mean Commerce Texas, Tennessee, Oklahoma, Missouri, Mississippi, Michigan, Iowa, Georgia, California or Alabama? Is it some or all of them? In any event, it's a bit weird you think a driver's license is only needed in those towns.
@@rodh1404 The comments that I made were applicable to travelers in all states.
@@MarkPernia-vv1le But not all States have a town called Commerce. I can't travel in Commerce if I'm not there.
Funny that cops say it is up to us to know the law, when a lot of them don't even know the law themselves.
Well, in reality...
Ignorantia juris non excusat
Which basically means, Ignorance of the law is no excuse. The court does not accept "ignorance" of the law as an excuse.
I've been busted for breaking a couple of laws I wasn't aware of at the time. I actually got stopped for riding doubles on a bicycle (2 people 1 seat) and riding a bike without a headlamp after dark. I broke the law and had to accept I was guilty of breaking the laws. I didn't know about the laws and got "educated" by the patrol officer.
@@cmf6081 Which is problematic when the cop wants to enforce an obscure law or law that was never updated with the times that no one outside a courtroom would normally know about.
For example, it's illegal to be married on an ice rink in my state. And you know what I want to do now when I get married... Break the law!
It's a rigged system. It's just that simple. Stop consenting to it.
They don't teach the constitution at the clown suit academy, they teach ego and authority.
I dont believe a cops 'ignorance' SCOTUS has made cops lying legal. I believe it is a tactic
this is where we need to VOTE OUT OUR LAW MAKERS. we need laws to protect citizens from corrupt officers. NOT laws to protect corrupt officers. and that is exactly what we have.
Good luck trying to vote your way into less tyranny.
Here's a thought, become a Police Officer!!!! If not, quit complaining!!!!
True, 'always' vote against the incumbent with the same knee-jerk response others use to vote the party line.
Laws can't protect us from corruption, that's why corruption exists. You have rights, as the video explains. So do law enforcement.
As the attorney said, take your grievance to court.
@@tomharshman1560 If you don't know the policy differences between the two major parties in the US then you aren't paying attention.
When police act like this, you want me to trust in law enforcement. HAHA.
Fight this in court is more BS. That’s a nice idea for the people that high have high paying government jobs but for the rest of us that have no money that is the biggest joke I’ve ever heard. The justice system in this country is a joke itself.
I've gone to court by myself and gotten traffic charges reduced. It cost me a few hours of my time and some court fees. Court is definitely the place to fight it. Even if it is just a rouse for the city to make some cash, it's way better and safer than to try and fight the police.
Kangaroo courts mostly now. Where I live, the judges, seeing themselves as part of the prosecution team, rubberstamp the cops in 99% of the cases. I'm a retired attorney but I no longer have no confidence in judges or courts any longer. So you won't get justice from a court or the cops -- we don't have a justice system; we have a punishment system.
No, it's actually not a joke, bc you don't have to hire a lawyer.
You live in the best country in the world with some of the best laws, because you can represent yourself in court, you just need to learn how to do it.
The only dumb thing is that it's not taught in public school.
My reply characterizing most courts as kangaroo courts was censored. Courts no longer function in many places and judges see themselves as part of the prosecution and not neutral arbiters of law and fact.
@@SpicyCactusI will agree that we live in the best country, but that’s just relative when compared to the rest of the world. The problem we currently face is that we have strayed from the constitution and the vision our founders had for us. There’s too much corruption that rarely faces any meaningful consequences, because we have allowed our government to grant itself immunity from the laws that govern the rest of us, and that is a travesty! Sadly it’s our fault for electing the same despots over and over, while letting those same politicians and the mocking bird media divide us instead of just being patriots that truly value our freedom and liberty! What’s even more problematic is the amount of people who actually condone infringements when it suits their agenda, such as those supporting gun control laws that do nothing to prevent crime and only puts the law abiding in legal jeopardy for simply possessing an item deemed illegal because criminals use them! Until people wake up and demand a return to the Constitutional Republic we’re supposed to be nothing will change, and we will continue to devolve into tyranny from a bloated bureaucracy that never has to answer for abusing the authority we granted them! So yeah, we may still be the best country in the world, but if we the people don’t take back control of it we will eventually loose it and become subjects instead of citizens!
I agree that fighting your case on the side of the road isn't a good idea, but fighting it in court isn't likely to go your way either. Courts are for lawyers and the government to make money and usurp power, it's not about justice.
Of course the lawyer says fight your case in court. The shampoo maker says lather, rinse and repeat. The car dealer says buy the extended warranty and the mortgage broker says refinance.
@@quincybirwood2629 damn straight. I understand what he's saying though. there is wisdom in not giving them reason to make it worse. Laws need to be changed to prevent cops from being allowed to violate your rights because they have a power trip and 'want to be in control'. I hate them. They're ALL garbage.
I'm sorry, that's a silly way to look at it. All you've landed in is "there's no hope anywhere, all is lost." And that's asinine. You have zero chance on the street. You have a fighting chance in court. Plenty of good attorneys out there who have no love for bad cops or bad stops.
If you're waiting for perfect justice, you'll live no life and do nothing.
The greatest ID stop I ever saw was one of those auditor types. The cop demanded ID an the dude just threw it on the ground by the cop's feet. The look on the cop's face was priceless.
The cop cite you for littering, and demand your ID again.
@@thulomanchay Nope, because you didn't hand it to them, the cop arrests you for obstruction of an officer in the performance of their duties.
The problem is that being told by the courts that they were wrong AFTER the fact does nothing to deter cops from continuing to detain citizens illegally. The only disincentive is disiplinary action, prosecution or civil liablity. An administrative slap on the wrist is meaningless.
2nd amendment those mfkrs
i'm thinking "MOSTLY-peaceful-protests" - like they did in chicago circa 2020 showed us the way.
full tactical riot-gear , federal funding , and they RAN AWAY from people with laser-pointers and bottle-rockets.i do NOT envy cops on the day we citizens finally have enough of their crap.
But cops CANNOT detain illegal aliens even if they kill an American Citizen.
Yes, but it might result in whatever beating they dole out to the driver for asking too many questions to be viewed in a different light, and whatever evidence they gather after the search incident to arrest rigamarole they like to run on 'em after they beat 'em, could potentially be thrown out as well.
Got to crawl before we can walk, friend.
@@morganmoves1318 Because the courts chose to convict the innocent and acquit the guilty they cops were told to terrorize people to stop crime. Corrupt coats cause police brutality. The courts will never change unless there is a revolution.
"Don't answer any more questions."
Actually, don't answer any questions, especially if you're detained. Just politely produce your ID (or details if you don't have it on you) and leave it at that. To hell with all that "Where you going? Where you coming from?" noise.
Wrong.
You have no obligation to identify yourself.
You have no obligation to assist officers in their investigation because it is not your job.
The correct response is:
"I invoke my rights, and I don't answer questions without my lawyer present."
@@SpicyCactus "...and I do not consent to any searches."
In Alabama at least, the law says a cop may demand of anyone detained an account of their current activity. Of course, I'm sure / I hope "going westbound on this road" would probably satisfy it... God knows they'll probably find something else for the ticket anyway
@@codegeek98 Anywhere in the South, the correct answer to the "where d'ya come from?" and "where ya goin'?" questions is to start singin' Cotton-Eyed Joe
@@SpicyCactus Actually, and as much as you may dislike it, the Courts have ruled that the Fifth Amendment does not apply to one's name and address as they do not serve to provide substantive information that could support a criminal conviction. You might quarrel with this reasoning, but that is the case law.
IOW, you practically need a law degree, in every state, to know what you can and cannot do.
Irrelevant. Cops will continue to do what they want, and the best result for the victim is a lawsuit payout from taxpayer funds.
No, you dont.
Litigation is only a fraction of what you learn in law school.
Go take the jurisdictionary course, it will teach you everything you need to get started. Its time we start suing these corrupt POS.
"If a police officer demands..."
The first part is of concern. Speaking of Identifying, how do you know you are being confronted by a police officer? In many of these scenarios, a citizen is being approached by an individual in an outfit/uniform, possibly driving a vehicle with flashy lights that obscure identifying details.
Are you supposed to identify to anyone in a vaguely-police-looking outfit? Are police not required to identify themselves, possibly with identification as well?
Exactly, in Tennessee there were people driving an ex cop car and had uniforms and badges and were pulling people over and robbing them, it happens
Stopping to help a motorist in trouble can land you in a strange situation. I stopped to help someone, then had an officer treat me like a criminal - even though he pulled up right after I did. Always look at who you are about to help and asses if you think they are on the up and up. You never want to be that person on the side of a milk carton.
you should have known you are helping at your own risk. think about what you're suggesting;aint like you doing a background check😂
If the 4th A guarantees my right to privacy AND state law says I dont have to identify unless I have committed a crime, cops absolutely should be required to state the reason for pulling me over or detaining me. Sure I COULD fight it out in court, however, that requires hiring an attorney and I don't have the funds needed to hire an attorney.
This is right and these POS count on it.
If ignorance of the law is no excuse, why do cops need qualified immunity?
To protect their criminality.
Officer Safety needs to be abolished. It's abusive. We pay their salaries to serve us. Not to kill us.
What about an ID from law enforcement?? How does a citizen know if badges are real or fake? Home invasions, beatings and robberies are real.
You can ask ANY COP For an ID if he/she has stopped you and Especially if their NOT in a COPS Uniform..
@davekramer4266 I think their point is that you can ask, but many cops do not provide it and get more aggressive and violent. Being able to ask is quite different from an enforced, legal requirement for public servants to provide it.
You don't know. It doesn't matter. The point of policing is for you to be a victim, so either way, the system fulfills its purpose.
Call dispatch and give them the name and badge number and they should be able to verify it.
Show… never ‘give’. Never.
They hold your ID to prevent you from being on your way.
Cops dragging someone out of the car like that should go to prison. Those are Nazi tactics
But they don't. They are promoted to a higher rank. We are losing our rights people.
Look at how fired up they get to when they get to do it, too.. bunch of goons, SMH
Who can justify cops refusing to provide the reason the stop someone and then 3 police officers commit destruction of private property and felony level assault on a citizen who questioned their authority. After this level of sbuse the cops reveal he was pulled over for a brake light out. We live in sad times.
I see the flashing blue lights. I pullover and stop the car. then I retrieve the car registration from the glove box, place the papers along with my drivers license in my left hand next to my right hand on the steering wheel. When he approaches I ask him why he stopped. so far every policeman explained why he stopped me. They are usually correct and I admit the infraction. He gives me a warning and we go on our way.
Works for me.
Tell me you're a white man without telling me you're a white man and that the cop is white. Now what happens when you're not, is what happened to the guy in the KIA and the three white cops.
Yup, you and I share the privilege of being older white guys. Works pretty well, until it doesn't.
Attention RUclips lawyers, EVERY state needs a channel where a lawyer breaks down the rules in each state on several issues. I went to college for engineering. I think I read at a proficient level. However, I can not understand my state's statutes. It's frustrating.
Agreed... free advice is worth every penny you spent for it.
Please obtain a Blacks Law "Legal" dictionary 4th or 5th addition. You may just be surprised how "legal" definition does not match the common definition as per Websters dictionary. Later editions may not have the relevant case law which makes research very difficult. Also many definitions are missing/excluded in later editions. This is the same dictionary that SCOTUS uses for interpretation. I bought mine used from a law library.
Reasonable suspicion is based on evidence, not hunches, not lack of specific knowledge (the old "I don't know what you're doing").
I love this comment addressing officers who will say "how do I know you haven't done such and such", as though their ignorance on the matter is positive proof of the such and such. Their ignorance on the matter they address is not a fact supporting the "such and such".
@@davidskjeie945 Exactly. Evidence means something you know, not what you don't know.
Re. the 18-year-old girl pulled from her car, not having her driver's license "readily" available; it was on her school ID lanyard and fell out of the car when he yanked her out of the car and threw her to the asphalt. He was fired within a couple of days.
He should have been fkng arrested.
So sick of this shit where citizens go to jail when they commit crimes, governement officials just get fired, ONLY IF it's a really SERIOUS crime!
I heard he moved down the road and got hired at the next town over?
@@RossReedstrom Well, His Police Department reviewed it and decided it probably wouldn't happen again. just a one-time thing. probably never assault another high schooler as long as he lives
If the cop breaks your window for no reason, isn't that breaking and entering?
If this was done in a riot situation, this would be reason to defend yourself.
The officers in that video clip should be serving time. My vehicle is my domicile as recognized under my states laws (extension of my home).
The officers: “NOPE! Qualified Immunity! Suck it!”
Problem is... we're getting REAL tired of going to court. How about the cop just inform us and follow the law.
"Where's your ID?"
"I left it at your mom's house."
Present an ID in most states. Keep your documents in your possession. Do not let your documents be put in the hands of those who demand them. Present is to display not give possession to another.
Not in FREE STATES, if you are LAWFULLY detained or arrested, NO ISSUE. Piss on them.
Road pirates, enemies of humanity.
Actually, they are a gang of blue.
For the most part if I'm walking, "Officer is your body cam currently recording audio. This is not a consensual stop. This is not a stop and identify state. If I am not under arrest and you're not citing me I am leaving. If you want to talk to me get me an attorney and yes you're paying for it. I am citing my Fifth Amendment Right to remain silent."
Cite both your Fifth Amendment right to be silent and your Sixth Amendment right to counsel before police questioning.
I created a list just to save YOUR info. Thank you!!
Awesome! Thank you!
In a Police State, the First & Fourth Amendments are Fables.😢😢😢
On one occasion, in a VA facility parking lot, a pair of plain clothes VA cops approached me with drawn weapons. They were demanding my ID. Before I did so, however, I requested their credentials. Once they satisfied me that they had the authority to demand my ID, I produced it. They ultimately decided that I was harmless - and the complaint had come from a delusional Karen.
They don't have the authority to demand anything from you unless you committed a crime that they can articulate on the spot. Learn your rights.
@@SpicyCactus A VA facility parking lot is 'federal' property (long live the Empire!), so the rules may be different from what you are used to in your state.
@@SpicyCactus - Your rights are the last thing on your mind when looking into a 9. If they have creds, they might be cops. OTOH, if they don't, you have a different sort of problem. Either way, your rights aren't the immediate issue. Rather, you are more concerned with drawing another breath.
@@SpicyCactus You obviously don't know your rights and the practical peril you put yourself and others following your advice. An officer need only have reasonable suspicion that you committed a crime to required ID. While you may be right that you committed no crime, you don't know what the officer knows and hence don't know whether he has reasonable suspicion based on what he knows notwithstanding how erroneous his suspicion may turn out to be. An officer's reasonable, but mistaken suspicion does not render that suspicion invalid for purposes of detention or demanding ID.
Zeigen Sie mir Ihre Papiere!
Show me your papers!
from WWII Germany.
I love your videos. The officer behavior you describe is exactly why most people distrust and dislike cops. For example, why can’t they freely tell you why they pulled you over. That would go a long way to a pleasant encounter. Also, why do they try to do things that aren’t required, like asking for the passengers ID or making the bogus claim of their safety. Again this behavior is why people hate cops.
What happened to the 4th and 5th amendment? Invoke these clearly! such as "for the record officer, I invoke my 4th and 5th amendment! Are you clear on those amendments, or would you like me to clarify?"
If you wish to arrest me for invoking my 4th and 5th I will not resist!
This helps big time in a law suit!
I remember a coworker who also had a side job as a commercial pilot tell me about a traffic stop where he was speeding and the cop sarcastically asked to see his pilot's license... being equally annoyed, he handed the cop his pilot's license... after a brief glance the cop asked what's this? To which he was reminded "you asked to see my pilot's license and I gave it to you..." the cop became visibly angry but checked himself beyond asking, "may I see your driver's license?" With a hint of an angry tone, to which he was again rewarded with being given complete compliance in being given exactly what he asked to see...
Requests and demands are distinct according to the law.
True, what is unfortunate is how law enforcement seem to like to present "requests" as obligations required to be responded to, i.e., lawful orders. An example would be a "request" of a car passenger for ID when the passenger is only present due to the officer's detention of the driver.
The problem with ID would not be so bad if there were not sooo many bad cops. Trustworthy police are not easy to find and it is hard to trust any of them now.
we live in a police state stalin would blush
The opening clip is in MI, which requires cops to have probable cause to pull your over. Demanding they articulate reasonable suspicion is well within our rights here.
That guy should have a strong lawsuit
You would think so, but it's not true.
Cops run your plates, now have all info already. If car stolen, ok. Police violence is not warranted because hes not getting verbal info.
In many states, the requirement is to provide name and address, but the law makes no requirement to provide date of birth.
Washington is one such state. The cops might arrest you for failure to ID even though you complied with the requirements set in law, but surprisingly, an officer's ignorance of the law is an excuse for him and it can and will be used against you.
In the event of a rights violation filing a claim against the officers bond is the most appropriate remedy. It will effectively remove the individual from holding any position requiring a bond to be posted in ANY public position. Civil court may eventually generate an award (after many years), but it will not remove the officer from their position. If a public servant cannot be bonded then they cannot hold a position within government legally. "Bonds for the Win" is a great site for understanding the process of filing a claim.
I was minding my own business making a cell phone call while sitting on a sidewalk at a local motel with my motorcycle parked in front of me when a sheriff pulled up and asked “for an ID”. I handed him my military ID and he then said he wanted my drivers license. He asked me if I had ever been in trouble with the law. I said I was a Captain in the Navy and never had any trouble. He was stupid enough to say, “I don’t know what a captain is.” I told him I pulled off the freeway to make a phone call and he impressed me with more of his brilliance by saying, “this is a private parking lot. That’s why there are public parks.” He was obviously trying to anger me and hoped he would have a reason to handcuff me and take me to jail. He eventually let me go because he realized I wasn’t a stupid biker with warrants and could most likely make his life miserable. A few cops are real scumbags.
I got stopped one time and I asked why he pulled me over, this is while handing him my license, registration and proof of insurance. He said "license plate light out." (Biggest lie for a stop.) I said "if I get out and check, it'll be working won't it?" He said yes, and I reached up and took back my paperwork and said "this stop is over", and drove away. I always check my equipment before driving just for this reason.
Fell on his a$$ being a tough guy!!! Well done.
The only unfortunate part is that the passing van wasn't driving a little closer and a little faster.
The states that have "Stop and Identify" laws are Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Maryland, Missouri (but only in Kansas City), Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Rhode Island, Utah, Vermont, and Wisconsin. Please note that the specifics of these laws can vary from state to state. In general, even in "Stop and Identify" states, an officer must have some reasonable suspicion that you have committed, are committing, or are about to commit a crime. They cannot randomly stop you and ask for ID. Remember, never fight during a traffic stop - leave that to your attorney in court.
In New Mexico, the law states you cannot conceal your identity, and not that you have to provide an officially issued identification document like a driver's license. This means a verbal response giving the same information contained on a driver's license is sufficient.
Florida is also a "stop and identify" state. It uses a combination of two statutes (FL 901.151 and FL 856.021 (2) ).
@@markp7262 Thanks. Comment corrected.
Reminder: Reasonable suspicion is still required. During this "Terry stop" police may temporarily detain you, ask for ID and within a reasonable period of time either arrest you (because they've collected probable cause) or let you go on your way.
@@Capt-Intrepid I still don't understand the difference between a stop and ID state and a non-stop and ID state? If you always must have reasonable articulable suspicion of a specific crime, what is the difference?
When must you present ID in a stop and ID state that you would not have to in a non-stop and ID state??
@@morganmoves1318
Stop and ID State: With police reasonable suspicion, you must present ID if demanded or you can be charged.
Non-Stop and ID State: With police reasonable suspicion, you can legally refuse a request to present ID.
Note: The type of ID required in a Stop and ID state varies.
Remember, a Terry Stop based on reasonable suspicion is a temporary stop during which time the police must come up with probable cause within a reasonable period of time, or must let you go on your way. They do this by questioning, observing, speaking with any witnesses and in stop and ID states, looking at your ID and/or running you ID through their computer. You also have a right to remain silent pursuant to the 5th Amendment, but you must articulate that with a verbal assertion per a US Supreme Court decision.
If a cop feels afraid, he needs a new line of work.
If I’m not driving, I don’t carry ID
6:58 Do you have to hand your license/insurance to him or is placing them against the window so he can read them enough? (in Texas).
In some states, you only have to display your papers, not hand them over.
"The place to fight a cop for illegally holding you is in court" ok, what about a cop illegally attacking you? What about a cop illegally shooting you? Just take the bullets?
For the two or three times a year there is an unjustified shooting out of the 61 million police stops, just consider it bad luck and that your widow widow will be taken care of and the cop will go to prison. Also, it’s a good idea to follow orders when the person giving those orders is armed.
Thank you for your valuable information
During a traffic stop if I SHOW my I.D., do I have to give it to them, or just SHOW it [along w/registration& proof of insurance].
Also never give your ssn
SSN is not a legally valid form of identification according to the Social Security Administration, even the card says it. The ONLY times it needs to be provided is in dealing with the SSA, employment (they need it to send information to the SSA), IRS, and anything directly tied to such benefits. Anyone else asking for it has no actual business needing it. Credit agencies can identify you without that number.
@@RvnKnight Presumably, you include banks and credit unions in the category of 'IRS'.
@@tomharshman1560 as they are to report amounts over a specific number to the IRS, yes, you are correct.
this should be pinned on yt home page and every police department
They don't care.
Side note on ID if you are ccp and live in one of 12 duty to inform states you must immediately upon contact inform the officer you are armed and be prepared to show ID and permit.
In Massachusetts, proof of insurance is required to *register* the car, and they don't issue separate insurance cards. When I moved to Oklahoma, this caused me an issue because didn't have an insurance card. I was cited for failure to provide proof of insurance, even though I actually provided proof in the form of the registration.
You can always access it on your insurance website or app.
Wish I knew this when I was younger. I got pulled over several times for no reason because I looked young. I also was parked along a road in a neighborhood using my CB radio and a Sheriff asked me what I was doing and to move along because someone didn't like me parked there
Another reason all my vehicles have cameras with sound an video recording and only one or two cameras visible. And several hidden
I'm saving for that, what is the price range for them
@DonMiller-no8qd my main one visible runs a front, and rear cameras in each window. They cost me about $300 they do night vision and record while car is parked an are motion active. My other 6 hidden cost me $900 and auto load to my laptop so it can't be taken by cops. I've had that happen before cop snatched my camera off my dash and once off my motorcycle
@@DonMiller-no8qd but overall price for good dash camera between $150 to $250
Even the paranoid have enemies ...
Smart man!
Love when cops say "ignorance of the law is no excuse in court" when literally that is what qualified immunity is. Hypocrisy.
It is important to know the actual statue in your state since they are not all as simply as requiring you to show your ID if law enforcement has reasonable suspicion. For instance, in Florida, the requirement is very, very specific on what crime they have to be suspicious of a citizen committing before they can lawfully require identification without probable cause.
this is all great info, however *ANY* interaction with *ANY* police force where your information is being recorded, *WILL* go on to your permanent police record. they can call all of this up whenever you name comes up again. and yes, they establish a baseline of behavior in that record. how do i know? a former idaho county sheriff once showed me my record.. i was shocked to see what all it contained back then.. and this was before the internet was a thing in everyday life
Interesting, I did NOT know that!
You try to illegally ID me, your widow will be identifying you next!
Yeah 2nd amendment those mfkrs.
Sure, tough guy. 😂😂😂
Keep up the good work 👏🏾.
The fact that sometimes it is better to just comply with a police officer's illegal request than to assert your constitutional rights says a lot about the state of law enforcement.
Law enforcement is running a game predicated upon lines drawn in the sand: Once they draw one, they never erase it, and their first line is always on your side of the fence.
Don’t these cops seem way too reactive breaking this man’s car window? However, you are giving wise advice. Does “officer safety” negate our unalienable rights in the fourth amendment to be free in our papers and searches and seizures? In my state of NH, you are required to do 4 things, two of which I believe could be unconstitutional.
Traffic stop ID
N.H. Rev. Stat. Ann. §594:2 Questioning and Detaining Suspects.
A peace officer may stop any person abroad whom he has reason to suspect is committing, has committed or is about to commit a crime, and may demand of him his name, address, business abroad and where he is going.
Do you think demanding what is your “business abroad” and “where you are going” might well be a violation of the 4th amendment, and also in some cases even the 5th amendment? What does that have to do with a tail light out?
Granny: Great comment. Mr. Hampton, what do you think???
Does Mr. Hampton read his comments?
At 6 minutes, those cops are psychos. That's one reason people don't want to ID. We all know the cops can be vindictive. The last thing you want is to give a psycho your name and address. And this is why most people are hesitant to give out ID and address. If the cop acts nicely and professionally, giving ID is not a big deal. But if the cops starts the encounter with attitude, that immediately instills valid fear of the cop.
you have some of the best videos. To many wanna be experts out there giving bad advise. Thanks for doing this.
RAS is not a vague standard. SCOTUS has already ruled on several things that are NOT reasonable including being in a hugh crime area, being nervous, not being nervous, engaging in constitutionalky protected activities, etc. If you are detained cops have to tell you why. Terry which established the RAS standard specifically says antone detained has the right to dispel the officer's suspicuon if they choose to speak. You can't dispel a suspicion if you dont know what it is. Cops may have to not tell you why ylubare being arrested but they DO have to tell you why you are detained. Why? Because they dont get to detain you and figure out a self serving reason later when they get to court. Never hire a kawyer that doesn't know this, including this guy. This guy also doesnt know that a cop cant performa Terry frisk unless he can articulate that you are "armed and potentially dangerous". They dont get a free pat down just because they stop you. If you hire this guy, prepare to get screwed in court.
He actually does know the Terry Frisk law, he's done a complete video on it.
You've got this all a$$ backwards. During an investigation, e.g. a detention, officers need not tell you what exactly they are investigating, much less what facts they have supporting their reasonable suspicion. The same applies to what facts might support their Terry frisk, assuming the officer doesn't pursue that as a matter of course as opposed to where the suspicion of "armed and dangerous" exits. Heck they can even lie to you about what facts underlie their supposed suspicion. An officer's obligation to disclose his/her reasons for detention, arrest etc. does not arise until they do an arrest report or other report on the detention or other interaction when crimes of officer perjury or falsification of official records may apply. At the point of arrest, they must announce, if not orally then in their reports, what you are arrested for.
@@davidskjeie945 YOU have it a$$ backwards. You are conflating detainment with arrest. You might actually want to go read Terry v. Ohio. There is no court in America where "You're being detained and you we're not telling you why" would ever fly. You can't beat the ride, but that alone would make you beat the rap.This is not Nazi Germany where "Papers please" is the standard Secret Police operating procedure. While an officer does not need to tell you immediately why he is arresting you because the courts have stated he can do so once you are in the booking process, no cop gets to detain you and tell you he doesn't have to tell YOU why, only the courts. I'd love to see that deposition where a cop said he had the right to detain someone, not tell them why, let them go, them say he only has to tell the court or put it in his report. Go back to the donut shop bootlicker.
Fighting in court is a great idea, if you're home. If you're visiting somewhere out of town & you don't want to come back for court, they've got you.
Which is why a lot of agencies prefer to pull over a car with out-of-state plates. If I get pulled over and I know I'm in the wrong, I accept it and pay the fine. If I know I'm NOT wrong, I'm scheduling time to fly back and show up in court, and putting them through the headache of dealing with discovery.
Do u have to hand it to them or can u hold against the window?
During a traffic stop, do you have to surrender your driver's license, registration and insurance information? Can you just present them against the glass? Do you have to roll down your window at all (even just a little to pass the documents back and forth)?
What punishment to police face for lying to civilians? Hmmmm?
In Texas there is non. They can legally lie to you in many many states
Cops can lie to you anytime 🤷♂️
Punishment? They are extensively trained to lie. Why would they be punished?
Just assume that when a cop's pie hole is moving, they're lying.
@@meateater4life551yep agreed 100% percent.💯👍 😂😂😂😂😂😂😂😂😂.
In Illinois I was pulled over when I accidentally went the wrong way down a one way street , I explained to the officer that just moved into the area not month ago and that I was just getting used to the streets, actually I turned down the street because to get to my garage it was quicker. when the officer saw my license he told me that he could arrest me for carrying a false ID since I hadn't yet gone to the DMV to update my information I didn't argue and he left me with a warning , the question is was he being honest.
Not a lawyer but in Illinois, just like every other state there's a time limit for getting that driver’s license updated. You can get a ticket for not updating your license in time. False ID? If the cop is a real jerk and really wants to push it, maybe? That seems a bit extreme though. Here’s what’s published on *The Office of the Illinois Secretary of State* website:
*"Drivers moving to Illinois may use their valid driver's license from their home state or country for 90 days. You may obtain an Illinois driver's license or identification card only if you are becoming a legal resident of Illinois. If you have a valid driver's license from another state or country, you may use it to drive in Illinois throughout your stay (if you do not plan to become a permanent resident of this state)."*
If you were truly there for less than 30 days it seems like the state gives you 90 days to transfer it over.
Cops are nearly never being honest, and they rarely know the law. They will happily threaten you for random reasons, though.
Hello. Illinois resident here. I am not a fan of the police, but a lot of the time they are fairly polite. You got a warning. I would call that a win! Whether he was correct or whether your rights were violated or whatever, you came out of that traffic stop without any serious consequences. Just like when my local police officer pulled me over because I forgot to renew my license plates, and let me off with a warning, a low value municipal violation, and the ability to cure the problem within seven days without having a moving violation on my record. I thanked him. He wondered why and I pointed out I was traveling out of state next week, and that having an unregistered vehicle out of state could’ve been a lot more serious. So really he did me a favor.
I agree most officers I've dealt with act like normal human beings others act less than this one could have given me a ticket or he could have informed how long the law gives me to update my license but it seemed to me he wanted to get me to say or do something to give him an excuse, note he never asked how long ago I moved but quickly pulled out the I can arrest you card. Being that this was prebodycam and I live in an area were a judge in open court say he could see that I was telling the truth but in his courtroom he'll always backup the police. you drive away before things get worse.
In the 11th circuit, Edgar v Mccabe just ruled on, in Alabama the law states you have to provide full name and address and a brief description of what you are doing, only when you haven't been pulled over on a traffic stop. Officer Mccabe arrested Edger for not giving the cop his ID both officers in this case lost qualified immunity cause the law about IDing to a cop had been clearly established by state law. They never asked for his name and address just for an ID and that is why they lost.
Where do I find my state’s laws regarding traffic stops or other requirements I have as a citizen?
Amerikka--the biggest open-air prison this side of Gaza.
No state or government can pass a law for you to buy a product. You do not need to have insurance. You need to be financially responsible they are three ways in the state of Washington to do that and insurance is one of them. 🤯
That sounds interesting, wonder why no one picked up on your comment yet.
You are correct. Anyone can purchase a Surety Bond and present that to their states MVD and their Secretary of State.
I've been pulled over for minor traffic violations a couple of times. They've always been respectful, asked for my license and registration. I cooperated, and both times they've just given me warnings.
I got pulled over about a month ago. I was test driving a truck from a dealership and was pulled over for no tag even though it had a dealership tag on it.
I showed my ID and was free to go after the check, but I still thought it was a BS reason.
Cops being steadfast in refusing to inform the driver the reason for the stop until the driver gives ID. It has to be an ego thing. The cop thinks that giving into the motorist’s request would hurt their ego.
Stephen, it's all about ego and power to be in control at all times over the citizen.
There is no law requiring a citizen to own any type of identification. A driver's license is not required unless operating a vehicle on a public road or highway. You are not required to show a drivers license if you are not being detained for a traffic stop.
There is one other thing you can do in a stop and ID state. For RAS, there has to be some justification. This means that there must have been a crime that was committed, and the person has to have been connected to that crime in some way such as a description of the subject or the car used in the crime. If you are not committing a crime, and there is no evidence to suggest that you were about to commit a crime, then the next thing to do is get an incident number and the ID of the officers involved. Request all call logs, radio traffic, and incident report. What you are looking for is some evidence that there actually was a crime that had occurred, or what specific reasons the officer had to believe that you were committing a crime (and the question here would be why did they not just arrest you) or why they thought you might be about to commit a crime (you had a saws-all in your back seat visible to the officer, and these are used in catalytic converter thefts.) In other words, look for even the slightest indication that there was a true reasonable suspicion that you had been involved in a crime or where about to commit a crime (again, if you were committing a crime, then the question would be why were you not just arrested.) Lacking any documented radio traffic, call logs, or police report, there is no way for the cop to prove that they had a reasonable articulable suspicion a crime had been committed and that would mean that a violation of 4th amendment rights had occurred, and you should file an intent to sue.
Before the 2010s, we criticized Russia for demanding that people "carry their papers at all times." Now we do that here. My friend got a ticket for not having a license on him. HE WAS WALKING. He was nowhere near a car. The ticket got thrown out in court, but cops should not be allowed to do this. I live in NV. But my friend was just walking through a parking lot. He wasn't involved in any other activity other than walking, which is not illegal as far as I know.
Half the nation wants to vote in a man for president who openly recruited Russia in a press conference to find dirt on his opponent in his first election! They want this place to be as authoritarian as Russia.
Who has the time and money to fight this
Lots of boot licking in this
Do what must be done Patriots
We have reasonable suspicion of vote by mail with no identification
Bullshit.
what happens if they ask for your insurance id and it is on your iphone? i don't feel comfortable giving my phone to the officer.
I have a question. I’m in Washington state. RCW 7.80.060 says “A person who is to receive a notice of civil infraction under RCW 7.80.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for some time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.
Each agency authorized to issue civil infractions shall adopt rules on the identification and detention of persons committing civil infractions.”
So my question is this: I know I have to give them my name, but do I have to spell it for them? I have a last name that they will never spell correctly unless I do. Would spelling be considered part of “reasonably identifying” myself? The code is rather vague. Wouldn’t requiring me to spell it be a 5th Amendment violation?
They wonder why most citizen feels a cop is a POS. No accountability. These cops need to start being arrested and serving time.
Supreme court Ruled Years ago that when asked for ID all you have to do is give them your full legal Name.. Nothing else.. Like this lawyer stated If driving, Drivers License IS Required. The cops standard search technique is , I smell Drugs or alcohol.{ I don't drink or do drugs}..
Got the case reference for this bit of knowledge?
'Hiibel v. Sixth Judicial District Court of Nevada,' 542 U.S. 177, 124 S. Ct. 2451, 159 L. Ed. 2d 292 (2004).
Irrelevant.
@tomharshman1560 thanks for the citation, but I'm not sure how far you'll get on a district court ruling.
@@EluviumMC It's a US Supreme Court decision. The citation shows that.
So if I’m arrested or detained, I can plea the 5th and communicate my right to remain silent, and communicate that I will not answer any questions too (as giving my name and/or if I have ID) without my lawyer being present?
When they don't want to tell me why they pulled me over, NOW its not a friendly stop. I am not going to make it fun for them. They want to see my ID and papers? Okay, I am going to crack the window just enough and throw it out the window. Let him pick it up. I bet he will run to his car and leave. Does the law say we have to hand it to them? No. In my state, we can simply display it through the window, not turn it over to them.
No victim no crime .
Any law that is unconstitutional is not a law that you have to follow it is a perversion of law. Period.😮
The problem with taking the issue to court is that now you potentialy have to hire a lawyer and spend time fighting it off. Also a possible arrest on your record which ould prevent foreign travel. That part really sucks. It'd be better if cops were better-trained, seems as though police officers around the country are ignorant of basic rights and laws, instead getting used to people just handing it over.
What about foreigners visiting the US?, Do non citizens need to be even more careful about this ?,Might they say my drivers license is not valid ID and ask to see my passport instead
Providing my ID used to be certain trouble for me. Another guy with a similar name in a nearby town almost always had warrants. The differences in our names is our middle names are different and I have an apostrophe in my name and he doesn't. The California DMV does not allow special characters in ID. They say that aids in law enforcement ID searches. In other words, more people will match a name being searched.
Police recently ripped a 17 year ild girl out of her car and slammed her to the ground for a headlight out. Police are out of control.
He got fired. I don't know if he lost his credentials though.
ACCORDING TO THR SUPREAM COURT Terry v Ohio says "Articulable "
The police MUST SPEAK IT .
That was the end of stop and id