Every Cop Must Know This In 2024 - Useful For Citizens As Well
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- Опубликовано: 27 дек 2023
- Every cop must know this in 2024, and beyond. Yes, some things could change in the courts, but for now this is a very good legal refresher. There are many aspects to the job of working in law enforcement. Communication skills, tactics, report writing, etc... HOWEVER, as my returning guest Zach Miller, with Blue To Gold Training Group states, it's fair for the public to expect law enforcement officers to know the law.
Every cop must know this information, it's crucial.
***For the full interview: podcasts.apple.com/us/podcast...
To contact Zach to come to your department or training event: bluetogold.com/
Zach Miller: bluetogold.com/instructor/zac...
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◈ 101 Useful Tips For Rookie Police Officers: amzn.to/3BjeV1H
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Constitutional policing is a wonderful idea. If only law enforcement departments actually cared to follow and uphold the Constitution they swear an oath to instead of crapping all over it every chance they get.
You can't "un-arrest" anyone. You release them, but the thug still made the arrest. The torture still happened. The abduction still happened. You can call it whatever you want.
Exactly. It's called "false arrest."
@@todddanforth8853are these guy's attorneys? I'd be very careful and take anything said here with a grain of salt. Never talk to the cops, always sue the cops if you have been violated. They are ALL ALLOWED TO LIE AND DO LIE. Even under oath and sworn to honesty they lie and very very few get in trouble. Understand that common words used by the whole system of government have more than one legal meaning and you can loose just from those words alone. Understand what color of law means in Blacks Law Dictionary. Avoid these Actor's at all cost. They are revenue collectors and they have quotas to fill $$.
It all starts with a citizen standing up for their rights and the cops getting their egos hurt.
Then the ego-driven cop punishes the person.
Cops never read miranda rights at traffic stops Before asking any incriminating questions like are there any drugs guns bombs etc. In the vehicle to inform detainees they have a right to remain silent and have attorney present before questioning.
I just came across this channel and I'm a big proponent of police accountability and transparency. As Scott told the story of a fellow officer arresting the Walmart employee, its refreshing to know that he (Scott) knew the arrest was illegal, but it would've been the actions of a GOOD cop to intervene on the scene.
He missed a few that come up often. Such as being a passenger in a car being forced to ID
Or being compelled to answer ANY QUESTIONS posed by cops, Miranda or Not.
@@johnellis5820I totally agree with you because this ex-cop was giving very bad advice and answers.
A citizen is only read Miranda rights if under arrest, however the citizen can invoke their 5th Amendment rights at any time (they have to verbalize it, not simply remain silent) and Miranda is no longer an issue.
Miranda is ready with the intent to question.
Wrong,a person doesn't need to announce it. Right to remain silent is just that. A lawyer will tell you that.
@@samsteel2643 The Supreme Court ruled that just remaining silent is not always enough.
When talking to a police officer. The best thing to do is not talk. The fifth amendment is therefore a reason.
Zach Miller is the BEST search and seizure instructor.
Couldn't agree more!
I'm in my 60s and it's been my life experiences that if you I mean in all honesty that if you were to arrest an officer for something illegal or in constitutionally did in one day of their working career you have the police department will be gone tomorrow
That's why it's suppression of evidence as a remedy and not criminal charges. Some are worse than others. Also, realize science....not personal data, but actual numbers show that overwhelmingly officers do a good job.
@alexsummers9140 Police officers don't even need to know the laws they are enforcing. That includes the author of this video.
Not what I call "a good job".
Do you know how hard it is on a disabled person to have arms cuffed behind their back and then to have to sit on those rear plastic seats.
And how is the person being pulled over and asked to get out of the car, supposed to know it is actually a police officer and not some rapist or murderer impersonating one, tryng to kidnap, rape or murder them? Serious question, it happens, more and more
Call 911 and ask for a uniformed officer or if any officer has pulled over a vehicle matching your car's description. By law the PD has to dispatch a uniformed/marked car upon request.
If a cop handcuffed me I would not answer any questions
"How can you arrest someone for doing nothing wrong."
Good question, should run thru youtube and see exactly how often it does happen.
Funny how a heart attack isn't called cardiac detainment. Words matter. Just an example; a person does not have "rims and tires." The rim, more properly called the hoop is a part of the wheel. You have wheels and tires.
The problem with Police is they go through a few months of boot camp type of training with screaming stop resisting and throwing knee strikes and punches, and this is all that they come away with. Sure, they get some very basic class room training but that’s it. So it’s up to the FTO’s to train them appropriately along with IN HOUSE training, but here’s the problems with this.
Majority of FTO’s don’t know the “actual” laws/constitutional rights and basically police on what they have gotten away with because citizens are scared and clueless. This way of “getting their way” has made them actually believe that they are correct. It’s a sick & twisted mindset. If they are clueless to these laws and rights then the new employee will act the same way! This right here is what we call SYSTEMIC!! The sad thing is that this is never corrected!
The 2nd part of the big problem is departments have NO RECURRENT TRAINING PROGRAMS! Sitting down at roll call and reading something isn’t what I mean! In my career field, we had mandatory training where we sat in a classroom or from big enough to train whatever number of employees and had to literally go over IN DETAIL in a specific item. It was taught, and then the class was opened up for questions pertaining to that specific topic to make sure that everybody was clear and actually understood the training. We then had to either test on the subject (you had to pass) or you signed a legal work form stating that not only you received such training, but understood completely what the training was about. By testing & or signing, our facility then had legal recourse for any future discipline or termination due to willful disregard. THAT KEPT EVERYBODY ACCOUNTABLE.
We also would have computer based training whereas you would have 1-3 topics. You would sit through the training clicking through each page as the narrator would speak through the training, and at the end of the course you would have a test. YOU HAD TO PASS THIS TEST to complete the training.
As you can see, what I’m describing is what’s needed. I’m so sick & tired of seeing videos on TV or on RUclips where cops are clueless to basics laws like ID’ing, Trespassing, and being able to legally detain someone etc. How in the hell can police not know these basic laws! FO’s forbid you have a citizen that knows these laws/rights and stands on them,….the cops ego then gets bruised and a violent confrontation starts.
Look up the Texas Penal 58.02 code for ID’ing. Cops in Texas believe they can demand ID when not legally arrested. It’s crap like this that to me is inexcusable. That case in Texas at that Walmart you mentioned is an old case. The man sued and won which he should have 100%.
Every cop should know theres a list out there with your name,rank,how much you make, we're you live ,how many people that live with you and so forth
Sure the cop gets kicked out. But only to move to another department. No one needs to talk to any cop that asks questions.
Arrest like measures ? It's more like assault and kidnapping.
Man! I thought I was going to enjoy watching this channel, so far not so much. When it comes to vehicle and supects matching the description of a larceny incident, an officer can do a investigative detention, but that detention at its initiation does not rise to reasonable articulable suspicion of a crime.
You need probable cause for id someone.
Reasonable suspicion isn’t enough
Hi there! Please share a link citing credible source that the Supreme Ct changed their ruling on the matter.
@@The10CodeMindset that’s my understanding of the law
Oh ok got you.
As Zach stated, he is speaking about the federal standard in which mostly does not vary state to state.
@@The10CodeMindset got it understand
Aside from a traffic stops a charge is required to make a legal demand for ID.
Is it unlawful to deny an LEO request to sit on the ground or curb while being detained?
Depends on the situation, but it could be yes - if it leads to "obstruction" on your states definition of what obstruction of an investigation is...read your state law.
@@alexsummers9140💯% incorrect. You sound like an ignorant cop. Do you even know what obstruction is?
If you are in DuPage County Illinois always carry at least $200 to "favor" the deputy with or you will be arrested. You will not be allowed a phone call and you will not be read your Miranda rights.
So this is where cops go to learn their jobs. Interesting. What are the academy's teaching them? Simple catch phrases like "stop resisting" or that other classic "officer safety"?
I think a civil rights lawyer should be answering these questions not a chip who will violate your rights in a split second
Since police have become another branch of the military. Invoke your Geneva Convention rights.
What a minute when "detained" my freedom of movement, i.e leave is no longer mine to do, so my miranda rights should apply. Then why did he say otherwise??
"Miranda rights" don't exist. What does exist is your 5th Amendment right to be silent. You always have that right. And you should use it.
I call major BS. If you are not free to leave...you are in custody ! Qualified immunity must go !!
Great content
I appreciate it. Glad you liked it!
What’s the name of the song at 0:11?
No idea. 😬
I hired someone about 2 years ago to create an intro for my audio podcast and that was the background music he used.
Peace Officers are preferred to LAW ENFORCEMENT OFFICERs which are CORP.
I am a civilian looking to get into a law enforcement career. Even though the Miranda Rights are not required unless the officer clearly puts the subject in custody, is it still wise for officers to read their rights whenever there is a situation like this and the subject is detained, just so they do not accidentally illegally question? Thanks.
I appreciate you asking. In situations where Miranda warning isn’t required, stating Miranda in the perspective of “out of an abundance of caution” doesn’t hurt legally but it’s not necessary. Zach brought up in the full interview that sometimes cops will over-Mirandize, which shows good intent for sure, but it’s not needed. I hope this answers your question
@@The10CodeMindset Yeah it does, thanks. Love your videos
I appreciate that!!
Please if you're thinking of going into law enforcement? please refrain from referring to the public and people who pay the salaries of the police and local government as the subjects or perps or anything derogatory other than respect for the other person ! Remember you are not better than the people you are supposed to serve protect!! The citizen are not your enemy! remembering were all human beings and most likely your neighbors ! be kind and relate!
It's a must if you want to be a successful peace officer 😁 this is coming from a concerned citizen 🙏 if that matters 😢 people deserve respect just like you want respect.. the golden rule will do you well to follow.. might save your life.. be kind not blind 😊
@@rachelpickens6025 Absolutely. Respect and empathy are a must, and police must guard their hearts and minds to never fall into the "us vs them" mentality. ruclips.net/video/yB4HPQCRpkk/видео.htmlsi=gVb499ISrW_HGW2u
My understanding is that if you are carrying a concealed firearm in a state where you are required by law to inform the LEO, whenever contacted, that you are armed, you end up having to ID anyway with a drivers license and/or possibly with your conceal carry permit (unless your state has constitutional carry). It seems like such a law violates the 4th and 5th amendments of the BoR but is in effect in certain states.
It's also my understanding that some states do require a concealed carry permit holder to inform a police officer if he's armed at first contact with the officer. The 5A only protects a person from being compelled to incriminate himself in a criminal case. If the armed person is not violating the law by being armed, then there are no self-incrimination concerns. Therefore, the statute is not unconstitutional on its face. However, if the armed person was in fact violating another law, such as being intoxicated while armed or he just used the firearm in the commission of a crime, then the statement to the officer that he's presently armed would be self-incriminating. At that point, the person could claim 5A protection and decline to follow the mandatory disclosure provision.
I don't think the 4A is much of a concern if the contact with the citizen is voluntary in that the citizen is free to decline to interact with the officer and simply walk away, thereby absolving himself of the obligation to disclose his firearm possession.
Another potential concern could be whether such a statute infringes upon the 2A right to carry a firearm in public. I'm not sure that such a regulation would pass muster under the Bruen test but admittedly, I'm not familiar with the history of such disclosure requirements.
Zach Miller-Blue to Gold Legal Instructor
@@BluetoGoldthat totally defeats the whole purpose of the 2nd especially if the criminal perpetrator is wearing a costume badge.
Calling the broken 911system will only summon more criminals with very bad intentions towards the victim.
@@madmaximilian5783 Americans don't realize they have allowed communism to take over.
There is an interesting solution coming in February that will solve these issues, a membership-based phone app that face times an attorney with the cop at the beginning of the encounter. It is going to be very interesting.
I totally agree with you because once any cop stops you and starts asking questions they are looking to jam you up, you should refuse to answer anything without legal consultation or representation present... ie invoke your right to remain silent and request a damn lawyer.
@@madmaximilian5783 I am very old, survived communism as a teenager, I recognize communism when I see it,
remember very well KGB representatives stopping my parents and asking for documentation, where are you going where are you coming from, do you have any weapons, Americans have taken the Constitution for granted, the cops are a communist organization (a union and qualified immunity are very good proof) working as agents of a communist state,
we are not allowed to protect property because it is not ours it belongs to everyone, we are not allowed self-defense because we are not individuals, we belong to the state.
@@rodvan-zeller6360true I love your intellect and your comment and I agree!!
@@howlinwulf Thank you for the reply.
The state wants everyone dependent on it, the term is "cradle to grave".
The Constitution of The United States of America was created as an anticommunist strategy, anyone violating the Constitution, especially under the color of authority is a "fifth columnist", (domestic actors who work to undermine national interest)
Also important to remind citizens and Leo, rights apply all the time, you have the right to remain silent and the right to a lawyer during any and all questioning, wether your arrested requiring Miranda, or not.
So when my my 60s and I've had 72 negative encounters with tuolumne county sheriff's department and I moved to this county after retirement I've never had more in a self ticket I've worked in million-dollar homes my whole life and I just getting so sick and tired of the b******* that I have to put up with tonight would love to come on your show
biased and based
@@alexsummers9140why is that.
You think it's his fault or lousy officers
This is a wonderful channel and I applaud your efforts to educate officers so they do a better job, and hopefully the relationship between the cops and the citizens improves.
Definitely the mission. Thank you 👍
@@The10CodeMindsetsorry but your guest was only spewing cop-code nonsense about custody and detainment.
In some states having RAS is not enough to demand ID .
Thanks for commenting. As Zach stated, he was speaking about the federal standard which for the most part does not vary state to state.
?
You are correct. Federal court rulings leaves ID laws up to the state.
never talk to cops, they are not your friend..
Avoid police interactions at every opportunity.
What if somone just invokes their 5th amendment
Zach is an outstanding instructor
Most definitely!
I hate that at some points when I worked in law enforcement, I had to suffer through legal classes because of death by PowerPoint.
Zach’s teaching is effective!
Agree on all fronts! Thanks for the video. Your books are great as well@@The10CodeMindset
I really appreciate it!!
DO NOT ANSWER QUESTIONS EVER
ENFORCING LAWS MOST OF THEM KNOW NOTHING ABOUT --- OR SIMPLY DON'T CARE ABOUT AS RARELY ARE THEY PUNISHED FOR DESTROYING LIVES.
Sociopathy?
The first amendment would be a good start. 🙄
It's all a joke pls tell me how citizens can be expected to know all the laws have you ever seen all the law books in a large law office. All these laws were written so you have to hire a lawyer for everything and some change every year what's up with all that
That's what cops ask too! Seriously! Way too many laws. However there are some laws police must know well because of what generally happens during the job, particularly patrol (i.e. arrest, search, and seizure).
Those laws are written by elected politicians. Convince your fellow Americans to fix the broken system.
Cops are known to lie , how do we know if the reason they stopped us is a true reason. Your vehicle matches the description of a vehicle we're looking for could be a lie. It's always best to give id to those dangerous abusive cowards when they ask , so you don't get assaulted.
When you get put in torchercuffs that is arrested
Constitutional Policing? Where is that a thing in the United States of Pigland?
Wow! Beard dude actually realizes niki Haley’s stumbling civil war answer was simply a gufffaw of unpreparedness & mind freeze. WHATS MORE, he has the stones to actually say it! Kudos
😄Thanks for commenting but you must be mistaken this video for another. Didn’t talk about Nikki Haley in the video.
@The10CodeMindset I was scratching my head thinking I must've missed something so thanks! Thank yall for helping us and for yalls and all service to our country! First time watcher.