What Are My Rights With Police? (When I Get Pulled Over)
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- Опубликовано: 9 сен 2018
- What are your rights with the police when you get pulled over in your car? You can visit www.gustitislaw.com for more information about defending criminal cases in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
This video covers your right to remain silent and your right to refuse to consent to search when you get pulled over in your car.
Other Videos in this Series:
What are your rights with police at home? ( • What Are My Rights Wit... )
What are your rights with police after getting arrested? ( • What Are My Rights Wit... )
What are your rights with police when taken to the police station for questioning? ( • What Are My Rights Wit... )
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About This Video:
In this video, Stephen Gustitis answers the question what are my rights with police when I get pulled over in a traffic stop. He explains your right to remain silent and don't consent to searches! Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County and surrounding areas. His videos cover a wide range of the best defense tactics and defense strategies. #knowyourrights #gustitislaw #whataremyrightswithpolice
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There’s nothing worse than an officer calling you “lawyer boy” or asking if you’re a law student when you assert your rights during a traffic stop. Never tell the officer you know your rights, show them you know your rights by asserting them respectfully. If the officer taunts you, just be silent and file a complaint if things go ugly.
Excellent advice! Thanks for adding to the discussion.
This is so terrifying for me as a Black man because asserting my rights could mean a death sentence.
This only works for people of a particular complexion. Don’t be fooled.
Very good advice indeed.
LOL this video has your typical crap lawyer jargon. LOL for the most part the worst info ive ever heard. He forgot these are by-laws. They are not for "we the people" LOL
Seasoned divorce lawyer here. This video should be required viewing for ALL new drivers! Keep up the great work!!
Thank you so much for your kind words of encouragement!
You must have a lot of cop wives in your office lol
@@jayjay-bz3rr Yes, unless they want guns pointed at their head. The police can ask someone to do anything reasonable under the totality of the circumstances to protect themselves, or others, including asking the driver to get out the car.
Thanks for qualifying your comment as being a divorce lawyer, nobody would have believed your comment without letting us know what you do for a living. 😆
Chipotle???
Crazy how the police break the law and take advantage of people who dont know
They like to win. Thanks for your comment.
@@GustitisLaw Unfortunately, lots of police officers don't know the actual laws that they are tasked with enforcing. It's sad.
@@amandagriffin1751 Well, the good thing is the lawyer knows! Thanks for contributing to the discussion.
@@GustitisLaw I agree sir. Appreciate your response.
@@amandagriffin1751 Of courser, Amanda.
Growing up I was always told that the police are my friends and they are here to help.
As an adult I fear the police as extortionists.
The vast majority of cops are honest and fair. They are just trying to do their jobs.
That’s cause you’re a moron
Officers are your friends.
@@dedeferreira98No, they are certainly not
@@riccrion718 criminals are the ones who think like that
So many people who don't understand how important is this information.
Thanks
I appreciate your visit and comment!
As a mother to a couple wayward children, I wish I'd seen this video years ago, boy did they get themselves into confrontations with driving and the police!😣..alot of misery could have been avoided. Thank you for putting this information out there..for FREE😀..Look foward to more informative videos..God bless you 🙏❤
YES thank you so much for this video
Your comment had 33 likes so, I fixed that for ya. ;)
@@ArtofBrandonTruster I appreciate your interaction with the post, good or bad.
Great advice. The other things you should do to increase your chances of being released without ticket are:
1. pull over immediately when you see the officer behind you. If you can't pull over soon put on your hazard light on and gently slow ~5mph to indicate you have seen the officer and are complying.
2. Pull over somewhere it is safe for the officer to approach the vehicle.
3. Put the car in park, remove the keys and set them on the dash board, put your hands on the wheel and keep them visible.
4. Greet the officer politely when they approach.
5. Do not go into the glove box for your insurance or registration until being asked and request permission to retrieve them.
6. Politely explain that you are following advice you received from a lawyer to exercise your 5th amendment rights by remaining silent during any and all trafic stops. Legally it is better to explicitly state your intent to invoke your 5th amendment rights before continuing to be silent.
By doing these things to indicate respect for the officers safety you can decrease the chance of them feeling disrespected and becoming angry from your refusal to answer questions.
Thanks very much for commenting!
I don’t respect cops when they get all in my business and waste my time
@@Xippone2093 When do the cops “get into your business?”
Think of it as patronizing. Telling a little fucking child they're a good boy so they don't throw a tantrum.
We shouldn't even need videos like this. This country is a fucking shithole.
they can flip your car over if you don't pull over.. but if you pull over in an unsafe location, they can ticket you for that too. you are screwed no matter what. they can abuse you if they want to. they are Gods.
Thanks for taking the time to do this. The growing platform for legal advice on social media is how we will get this necessary information out to the masses. Let’s encourage more attorneys to use social media to reach their local population and educate them.
Thank you for your kind words of encouragement.
excellent information....
Thanks!
Its not worth fighting the system. Give them the credentials and they will let you be on your way.Make sure you are legal with driving, equipment and no drugs, and you willl be on your way, what is the reason to complicate the police process?? They can lie and say ,"we have a suspicion that your car fitS the deSCRIPTION OF A STOLEN CAR, viola, THEY GOT THEIR WAY BY JUST SAYING THAT.yoU HAVE TO WAIT. Ask,äm I being detained", they will say, YES until we complete our investigation", so I didn't commit a crime then am I free to go"? "cop answers, "no, not until we complete our investigation"", You can't do anything mr Lawyer.
how the hell could ANY lawyer fight that on the street.???? You have to comply. Cmon.
@@digitaldollarsocialismishe9091 where did you get your legal degee?
@@digitaldollarsocialismishe9091 this is the ISSUE. Again I repeat, most Americans have little knowledge into how LITTLE TRAINING Leo’s receive. Not to mention the hiring of THOUSANDS of known violent persons. Knowingly hiring a person/s with a clear HISTORY OF violent tendencies and / or behavior. ummmmm, I’m no lawyer but, I do believe that Is SUPPOSED to be a NO NO.
@@thomasprout9298 being disrespectful is counter productive. 🙀😂😂 I am also bad at video games. Cute “ handle” / screen name. Godspeed.
Never fight on the cop's ground. Fight in court. Keep your mouth shut but be respectful.
Excellent advice. Thanks for contributing!
The court is the cops yard as well.
What if you can’t afford a lawyer ??
Lol! You think you have any more advantage in court? Cops, prosecutors and judges are all on the same team, and it isn’t yours
These are lessons that should be taught in high school . I thank you Sir
I'm glad I can help!!
Wow! What a statement you just made. Let me be clear, I'm not cutting you down or disagreeing with you. I'm almost 65 years old and I'm trying to imagine what it would have been like to have this as a topic of study in high school. As we go through life things change and we get use to the changes as normal and don't really notice what's happened over the years. I remember as a child being taught to respect the police and I guess back 60 years ago that was the correct attitude to have. Now days it seems that the best thing to do is have your Driver's Licenses, Vehicle's Registration and Proof of Insurance ready to go along with front and rear dash cams, plus a cellphone video camera running and the ability to articulate that your have provided the items required by law for a traffic stop, while keeping your mouth shut as to not provide additional information to an officer that's on a fishing expedition.
Not high school, Driver's Ed.
In civics and government classes.
Dear Sir: That was the clearest explanation of our rights during a stop. Thanks very much!
I glad I could help you! Thanks for visiting.
0k
Well, I actually walk to work at night, but I see that I can still apply this information to myself.
I work graveyard shift at a Hospital....Ironically I’m right across the street from a Police Station. 😂
But with all of the civil unrest that has been going on lately, I wanna make sure I’m prepared for anything!
Thanks for the tips🙏🏾
Thanks for visiting and for watching my videos.
Marcus- I have seen people stopped for walking late at night and have seen it end badly.. In your case,a quick explanation should work for you, unless you come across the wrong cop.
@@luckyhaskins69
Definitely and I don’t take anything for granted!
I’m not sure of your age. But, I wish you WOULD NOT walk to work at night. Please be safe. Coming from a MOM point of view. Godspeed.
@@TSWARD-xb9rk
I appreciate your concern Celina🙏🏾, but don’t worry because most of my walking is done on a busy street and the area where I live is going through a gentrification process.
Thanks again and you stay safe as well🙏🏾😃
This is solid information. Here in 2020 its vital we know our rights - the Police seem so unhinged. A lot of their lies & corruption are being exposed.
Thank you Gustitis Law for all the work you do.
Thank you very much for such a supportive and kind comment!
Trying to educate myself. You’re a very educated man, thanks for the explanation!
Thanks for your visit and for your kindness.
Another important thing to remember in addition to them being able to use anything you say or do in the court of law is that they typically do not use any of that information FOR you. So the police are never on the side of the citizen when it comes to legal matters, it's simply their goal to win investigations. This is why you need to stay silent.
That’s absolutely correct. Thanks for your comment.
A lot of people who claim to “know my rights” do all the no no’s you described. Especially people who record the police for a living.
What are your thoughts on this reality you described?
@@GustitisLaw I have many thoughts about people recording the police. I have concerns about people putting their futures and possibly their health in jeopardy. They are sometimes correct about the law and how it relates to them and often times they are operating under many mistaken ideas.
I started watching First Amendment Audit videos about 4 years ago. I was enthusiastic about many of them at first...Several years ago I started reading court cases...starting with some that addressed recording the police...after a while I wanted to understand more for myself and began to see that some of the information was either incomplete or false. One big problem was that they seemed to ignore legitimate governmental interests as something that could be a reason to limit their activities.
I think one of the first cases I read was Turner v. Driver (5th Circuit 2017). It bothered me when they said that his right to record the police wasn’t clearly established at the time. It bothered me because when I read it I thought it was self evident that he had the right. My thoughts on that time were based on RUclips videos. That’s one that I came back to and would re-read from time to time. Then I observed something: The 5th Circuit didn’t use his conduct of recording the routine activities of a police station in its First Amendment Analysis. This was different than Glik v. Cunniffe and some of the other cases. I knew this was true but I couldn’t explain at that time. I began research qualified immunity cases. I started charting the outcomes of the “clearly established” cases by dividing the determinations into categories:
violation of a 1A right
Not a violation of a 1A right
Clearly established
Not clearly established
Then I came across a new (for me) determination for the violation or lack thereof: Not determined.
This stuff bothered me and I kept reading (I was reading on other topics as well but would return to what was a mystery to me)...One day I was reading a qualified immunity case and the judge mentioned something along the lines of this, that without a determination on the first question there is no precedent. I was like: Oh, I get it now...I read Pearson v. Callahan and Saucier v. Katz...after that I was certain that the “situation” between Mr. Turner, his recording of the routine activities of the police stations and the police’s interaction with him, in essence his Section 1873 First Amendment claim could not be used as precedent for other cases. It’s clear from the standard of review in the case that the 5th Circuit chose to use its discretion under Pearson to not “pass on” the constitutional question “was there a constitutional or statutory right that was violated?”.
Later I also resolved similar issues with the ambiguity which surrounded his first Fourth Amendment claim...the initial detention...The 5th Circuit also punted the Constitutional question on that claim as well. It took me a while to understand that expressions “assuming, without deciding” and “assuming arguendo” were not mere “ums” or verbal pauses. It means “we are not making a determination on the merits of this claim”.
Of course this is complicated by the 5th Circuit decision to clearly establish the right to record the authorities performing their public duties. The problem is that Turner could be in the same situation in the future and end up with the same result.
I have many other thoughts and I apologize because I would have preferred to give a broader answer to question. I have some health issues and I’m struggling a little today.
Thanks for the question.
“Hands, do what you're bid:
Bring the balloon of the mind
That bellies and drags in the wind
Into its narrow shed.”
-W.B. Yeats
@@ipsurvivor Thanks for your visit and thanks for adding a constructive comment to this discussion.
@@GustitisLaw - Thank you.
@@ipsurvivor Of course!!
Knowing your rights is more important than many people understand. One thing I have never understood as how cops break every law in the book, when pulling you over, and even bully people to get their way in every situation , but don’t get in trouble.
That's one of the inequities of life. Just protect yourself.
Fuck the police and all their handlers
@@GustitisLawman we can’t just be brushing it off like that. It’s a horrible thing that needs to change ! Not just an oh well situation
Pretty good information. You should think of putting your lawyer card info at the end of the videos just in case we need your assistance. 👍🏼
Thanks for the tip. My contact information is in the "About" section of my Channel. I wanted to avoid soliciting on my videos since I believe that takes away from my credibility. I appreciate your visit.
@@GustitisLaw You are a pretty good guy I can tell. For a lawyer=)
"If you don't know your rights. You don't have any." SJVT
10-4
When I was a young guy and got pulled over, the officer would ask, "Do you know why I pulled you over?" I always said, "Yeah, I ran that stop sign, or I was speeding, or .. "
Last time I got pulled over, I put my hands on the wheel at 10 and 2. The officer asked for my ID and insurance, which I provided. When he asked me why he pulled me over, I put my hands up and shook my head and didn't answer. 6 months later the sweetest words I have ever heard, other than my wife saying she loves me, was the judge saying, "Case Dismissed"
Great story!!
Did you have to buy an attorney?
Cop turned on his siren ten seconds after turning on his lights. Even though he didn’t give me a chance to pull over, the siren created an impression that I wasn’t complying. That fact was traumatizing to be honest. Then, after he spoke to me and went back to his car, but before signaling I was free to leave, he turned on his megaphone and started ordering me to drive away, again creating an impression that I wasn’t complying.
I guess just be thankful he let you go. Maybe the guy had a bad day before coming to work. Anyway, thanks for visiting!
Thanks so much sir
Just got subscribed to your channel; it is of tremendous importance to have professionals like you guide the people when encountering cops elsewhere;
Welcome aboard!
A lot of this is very similar here in the UK. The Police will take advantage of the situation even if you are 100% guilt free they don't care and want to incriminate something or someone from nothing. It is just what they have become corrupt and a laughing stock. People don't respect them anymore. Thanks for the information and spreading awareness to those most vulnerable and want to be educated. Take care.
Thanks for visit and for your kind words. I appreciate you commenting on my video.
A lot of our laws and Bill of Rights come from England.
That's fake or exaggeration. The police in the UK is one of the best in the world. They are polite, helpful and very friendly. Now if you are a di.k then they will treat you as such.
The issue is where laws start to interfere with freedom and those wielding it against others without being bound to these laws themselves. Humanity wants order based on decency not oppression where laws become more valuable than they are.
Good comment. Thanks for offering it here.
It is insane that in some states thesesdays it is illegal for an average citizen to resist false arrest or a malicious illegal arrest. The US police state and monopoly of power must come to an end. The system is biased and corrupt. It is a fraternity and systematic.
@@DavidEmailman O they're just hoping you'll resist. Adds charges & 'Why did he resist if he wasn't guilty, your honor?'
@@phlushphish793 these goons got too much power and it raises the crime rates and it ruins lives and things need to change. People are starting to stand up to these ruthless monsters with a gun and a badge. I hope more and more average people find ways to get power and utilize other people with power and other police to stop false arrest from ever happening right as the encounter unfolds and put themselves in places of power. I will never ever support any departments that have that sort of reputation. There are more and more cases were people are calling the police on the police. That is something good to sleep on.
If you are stopped for suspicion of DUI and you have not been drinking alcohol or taken any drug whatsoever; how do you respond to the police? Thanks for taking the time to help us with your important information!
If the police stop you, they don't believe you when you tell them you have not been drinking or taking drugs. When you start talking, what you say can still be used against you in court. So you would need to make the choice. But remember, to the police a lie is almost as good as a confession.
I have been thinking about responses to questions without lying, I wonder if, "What makes you think I was drinking officer?"
"Do you think I would be driving if I was under the influence?"
They would probably just keep asking me the question And try to get me to say yes or no.
... While watching many congressional hearings lately, I noticed many witnesses answer with the response," I Do not recall."
I would think as long as they never talk to anyone about it after making that statement no one can prove that they are senile
"
@@GustitisLaw Cops can lie with impunity....false arrest reports comes to mind. Their brothers will back them up 😡
@@joelonzello4189 I agree with that.
Had a highway patrol pull me over one night and said “I smell alcohol”. I had clearly not been drinking nor was ANY alcohol in my vehicle. No alcohol at all on me. Made me do the field sobriety test with flashlight moving eyes to his finger etc. after that he said reason he pulled me over was for a tag light that was out. Told him I’d fix it the next day which I did. He didn’t give me a ticket but hate when I am lied to
Great advice! These were tought to me by my parents. All parents should teach their children this!
Thanks for watching the videos!
This Lawyer's advice is the best and most accurate I have seen on social media today. Thump up.
I appreciate your kind words. Thanks for visiting the Channel.
My favorite encounter with a cop:
"You think you're going to tell me the law?"
"Somebody has to."
That is funny. What happened next?
I appreciate the information that you gave me and most definitely will keep it in mind if I ever get stopped. And I will look forward to your next session
Glad it was helpful!
Found ur video very interesting, informative n straight forward. Question: if for no reason u can determine, what should u do if the police officer starts physically assaulting
or rough u up ? Kudos for ur video. New subscriber because of this video. Looking forward to ur next one.
Thanks much for your visit and kind words. With body cams, dash cams, drones, surveillance cameras, and iPhones, I doubt very much a cop would physically assault anyone unless they were protecting themselves or others in the area.
Great info thank you much 💕 kelelah
Pretty amusing, and someone mentioned earlier that when you assert your rights sometimes officers call you a lawyer boy, or say something smart ass to the effect of, "I guess you went to law school, huh?" Actually, I did! Graduated from A&M in 1987, took the bar exam, never worked a day in law, and went to work as a Series 7 Licensed Broker and retired from a Fortune 50 Company. Have paid my dues/fee ever since and maintained my bar card. I retired in my early 50's, I have chest length hair, a snow white beard that blows away Billy Gibbon's (ZZ Top) beard, and have been working out like a beast since I was 16 years old. If you should see my driving my 15 year old pickup truck on a fishing trip, you might mistake me as a biker or someone that certainly isn't a Fortune 50 retiree. It is hilarious when I assert my rights, get ridiculed about my knowledge of law, then at the end of the encounter show them my bar card. Even had one Sergeant aggressively try to snatch the card from my hand before I assured him I would make it a career ending event.
‘The right to remain silent’…..This is great, ‘spot on’ advice….Like the statement says ‘Anything can be used against you, in a court of law’….it doesn’t say ‘Anything can be used to help you in a court of law’…..Silence is the best remedy…..
Silence is the only way to protect yourself in this country. Thanks for commenting.
Honestly thank you so much I would like to email you with a few general questions about the law.
I like to answer questions presented in the comments so everyone can benefit from the discussion. Thanks for watching!
i love it! do you have a playlist for young adults new to the road? Great stuff Mr Lawyer!
I'm glad you enjoyed the video. I do have playlists, but I don't know if they cover the precise topics you asked for. I appreciate your visit, nevertheless.
@@GustitisLaw i Appreciate your response! And I see but I am driving soon and would love to learn more about my rights so what playlists do you recommend ? Also, how does one deal with crooked cops?; since I hear, read, and see stories about police brutality against minorities all the time..
@@wrinklingtissues1724 I have been practicing law for 30 years and I believe the stories you mention are either exaggerations or they leave out important facts. Many of the news stories we've seen over the past year have omitted critical facts that would tell the WHOLE story and have been used by biased media to push narratives that sell newspapers. Sure there are some "crooked" cops, but the vast majority of police are honest and trying to do their jobs.
Really excellent advice about NOT saying anything other then name, address, etc. Anything else you say can and will be used against you esp since the cop will write down whatever he wants, NOT necessarily what you say.
Thanks for your thoughtful comments on this thread to further the discussion.
Thank you, very good advice
Thank you for saying this information people need to know
Of course!
3:35 When you refuse, they will call a K-9 out and have the K-9 alert on your vehicle.
When they call the K-9 out, the clock starts ticking on the them. If the detention gets too long, it can get illegal.
@@GustitisLaw How long it too long for it to become illegal?
@@pumpkinface8151 The calculation is different for every case. A court would consider all the facts and circumstances surrounding the detention to determine whether it was longer than necessary. Ten minutes might be too long in one case. Another case might need 45 minutes to make it illegal. It all depends.
They u sue the cop n the city . N charge per minute
@@JohnDoe-uv6rr What do you mean?
What a great video! Clear, concise, and to the point
Thank you very much for your kind words!
This the best thing you can say to a police officer after identifying yourself. I don't answer questions. If they ask why simply cite your constitutional right to remain silent. This should be the end of the discussion.
Thanks for your good comment.
There was a great video on this topic I found back in 2009 that was short, concise, and walked you through every possible type of police encounter. This one is good too but, if I show this one to my mom, I would still have to explain much to her.
This video could have presented only one (1) principle right. The right to REMAIN SILENT. No other explanation is required. Keeping your mouth shut is the best possible protection in our system. Thanks for watching and for commenting!
What's the video?
@@growing367 not sure if it even exists anymore.
Very good explanation, how fragile we are in the presence of a police officer that's all I kept thinking
Police officers know that the overwhelming majority of the people do not know the rights the law plus anxiety and fear they taking advantage of the people and they become nothing more than Tax Collectors for their state, that is the sad reality !
That is very much true. What I want to accomplish is educating the public on these issues. Thanks for commenting.
This video gave very sparce information on real case scenarios in relation to police questions. Regarding when they tell you to pull over to the side of the road for further questioning. What do you do when they forcibly open the door to your car and say: "please step out of your car!"
What do you do when someone with a gun asks you to step out of the car? Do you really want to fight that battle out on the street? Those battles are fought in court, not during a traffic stop.
Thanks for the advise
Of course. I'm happy to help. Thanks for watching.
Great info, thanks! I would really appreciate a video with very specific instructions about how to remain silent while appearing respectful during a traffic stop. I’m intimidated by cops and I feel like they will harass me if I’m simply mute when they pull me over.
Does remaining silent mean that I’m 100% mute with them and only nod/use hand gestures, or is there an appropriate amount I should speak? Do I specifically state, “I am choosing to remain silent”? Perhaps you could even include a role play. Thanks!
The way you remain silent is to remain silent. It’s really that simple.
@@GustitisLaw makes sense… I guess asserting our rights is more important than appearing polite. Thanks for ur fast reply & Merry Christmas!!
@@ctrguy9502 Of course. I appreciate your visit, your comments, and your kind words. Merry Christmas!
CTR guy: If you want to not answer questions but appear reasonable, I've seen YT videos on this by other lawyers with suggestions. Like if a cop tries to get you to incriminate yourself by asking if you know how fast you were going, instead of lying and stating the speed limit, simply say "Sorry sir/maam. I don't know. I was watching the road, not the speedometer", as an example.
@@rogergeyer9851 I kinda think that may make it go smoother from the beginning with that attitude, instead of immediately jumping in with 'my constitutional rights say I don't have to answer that question!' That makes cops suspicious.
The law where I live says that if stopped by a cop (allegedly for a traffic violation or some trumped up other reason), you must "produce" your license, proof of insurance, and registration, but it does not say that you have to "give" it to the officer. Can you do that exactly as written in the law without getting arrested? Producing means showing that it exists, not surrendering it to be used against you. I'm really interested to know what "produce" means in a strictly legal sense. I live in Tennessee.
Why are you afraid to give the police your license, proof of insurance, and registration?
Dude Symantics is one thing but you are going so far over board , If a cop ask you for your license he is asking you to produce your license for him so either you just toss hail marys to see who catches it or you don`t understand the english Language, Believe it or not some words have other meanings and I bet you have never heard a cop say GIVE me your license, They say Can I see your DL and proof of insurance.. Hell I wanna give you a ticket just for your question and wasting this good mans time with at the minimum The dumbest $hit I have heard to date and its clear you just want to get a ticket/Beat up and tossed in prison along with a great video of the whole event, so not only are you in jail now but I`m probly making meme`s and having a great laugh with all my buddys at your expense.
@@MeMesofSavagery Give the cop the damn driver’s license. It’s your privilege to drive and, consequently, they are entitled to see it.
@@GustitisLawhat made you think he was afraid? Not everybody wants to be treated like a lesser
@@GustitisLawit’s not a privilege to drive 😂😂 I had to buy a car, insurance, registration, had to pay for my license… tell me again how it is a privilege???
Just the fact that we NEED a video like this one says volumes about the TRUE intentions of the police!!
A society employs a few to enforce its laws and police it's streets.
Those police then have guns and badges with authority which it now turns on it's citizenry.
You are just another among the recalcitrant ne'er do wells occupying space among folks who are intent on regulated law and order. Without constituted law there is no civil society and without enforcement there is no law.
Police are trained to investigate possible crimes. They are trained to obtain evidence. They are trained to obtain incriminating statements, if they can. But there are laws limiting their ability to perform those functions and citizens should know what those law are for. The police will do what the police want to do. It's up to us to exercise our rights to protect ourselves.
Two types of people giving a thumb down: cops and other attorneys.
I understand why cops would thumbs-down the video. But why would other attorneys? Thanks for commenting.
@@GustitisLaw attorneys who compete for business.
@@CaffeAddict I get that. They can produce their own videos, if they want.
I needed this information! Thank you very much for providing it.
Of course! Thanks for visiting and for your kind words.
*> You can always fight the charges in court**
*You can always fight the charges in court _if you have the money_ to do so.
Also, the Supreme Court in the state of Georgia ruled (within the last year or so) that an illegal arrest (at least in that State) can be lawfully resisted. They used a kidnapping analogy.
Regretfully, I am not familiar with Georgia law. Thanks for your comment, nevertheless.
@@GustitisLaw This was covered by Leonard French here: ruclips.net/video/aT0YdDFWnwY/видео.html
And income tax is voluntary
Public defenders are useless.
@@GustitisLawno comment on the “if you have the money” part?
Thank you for this vital info. I'm learning more and more about how to deal with law enforcement.
Any time!
Thank you for laying it simple for everyone 💪
My pleasure!
You gotta be a fluent reader doing this bro. Thank you for the info tho 😂
Of course. Thanks for visiting!
“Fluent reader”? 😆😂🤣
Awsome keep going I'm flipping you into Flipboard your vidios will be surprised flip them into Flipboard it goes around RUclips if it says can't flip keep trying best way is to start new magazine then flip the rest of magazines will accept good luck and God Bless you and yours!
Ok thanks!
Excellent, succinct, understandable advice. Thank you!!!
Of course. Any time.
Thank you for the information
Of course!
You mentioned that the driver has to produce ID however in a recent encounter of mine the officer demanded mine as well along with medical information (I was shaking and I have a disorder which causes such) was any of this a legal move by him?
If you are driving, you need to produce your driver's license, which also serves as identification. Regarding your medical information, the officer can ask you any question they want, but you can decide whether to answer the question, or not.
Identification can be verbal
Question: can a cop pull you over when you're parked and already out of the car?
Yes, if they have reasonable suspicion to do so, or your consent.
@@GustitisLaw I thought they couldn't, but I guess I was wrong. Thank you very much.
Sorry to bug you, but I have a part 2 to this question. What if I'm already inside a building? Can he still stop me? Today a cop started following me for no reason. He never had his lights on, so I quickly pulled over the nearest restaurant and went inside out of fear. The last officer that pulled me over told me to fix my registration or the next time I'll be arrested. That was last month.
Yes, the officer can stop you if he has reasonable suspicion, whether you are in the car or not.
Thank you so much indeed for your time and efforts in posting this video!!
Of course. Thank you for watching.
Good advice. I would also add , have all of your documents in you hand and ready to hand to the officer even before he approaches your vehicle. Don't roll the window down too much. Practice ahead of time every once and while. They are hoping you need to fish around, open your glove box etc to find your papers. . so they can see them some Probable Cause to proceed further.
I would agree with having your documents ready. But why not roll your window all the way down? If you aren’t doing anything illegal, who cares if your window is all the way down.
@@GustitisLaw I would not reach into my pocket to get my wallet nor would I reach into the glove compartment to get my registration and insurance card until the officer is standing beside my window and can watch me while I do those things. Until then I would keep my hands high on the steering wheel where the officer can see them. If I move my hands before the officer gets to my window, the officer might think I was getting a weapon. The last thing I want to do is to frighten a police officer.
Great video but a few questions
1. What are the instances where the police may search your car without a warrant or consent
2. If they ask you to step out side the car, when are the times you must comply
3. How long can they hold me for if they call for the K9 unit
Great video and loved the information
Thanks for watching. If the cops have probable cause, they can search without a warrant and without consent. If the cops tell you to get out of your car, then get the hell out of your car. They can hold you for as long as they want. However, it's your defense attorney's job to determine whether the length of the wait-time was unconstitutional or not.
@@GustitisLawwhat if you can’t afford an attorney?? Are you just shit out of luck??
NEVER !!! ONLY WHEN THEY PRESS THEIR ADVANTAGE😢!!!
Thanks a lot man this is important information to know as a black person in this day in age
You are welcomed. I'd say it's important regardless of race, creed, or religion. Thanks for your comment!
even for a person of whiteness
Ty for your efforts. Great content, well done. 👍👏
I appreciate your kind words.
I'm about to go to court in a month. Not signaling when I switched lanes (I did) and have it on my motorcycle camera. He was following me and i knew he was behind me so I made sure to do everything right. He also wrote a citation for not pulling over to the right ( it was un safe to do so) but I stopped immediately. He wanted to see if i had a valid motorcycle license and insurance, but when I didn't give him a reason he made and illegal unjustifiable stop. I even went back to the video and checked 20 times to make sure I did indeed signal my lane change. I just signed the ticket and looking forward to going to court and delaying and delaying and rescheduling on his day off when he's supposed to be enjoying it.
If you plan on trying this case to a jury, please consider hiring a defense lawyer to assist you. They will know how to cross-exam the cop and how to admit your video into evidence. If you don't hire a lawyer, you will be at the mercy of the rules of criminal evidence and an adverse witness who is trained to give you nothing. Good luck.
do i have to put my window down when being aproched by police if i feel thertend by him hes hqas a gun i dont
Why would you want to play "chicken" with a person with a gun and the power to arrest you? Your "feeling" is too subjective to work as a bright-line rule. I understand that sometimes people impersonate the police, but those situations are rare. But you always have the right to remain silent and to keep your mouth shut.
Gustitis Law because cops will use a rolled down window in order to claim that smell pot and arrest you. Or they get a better look in your car and claim they see something else. You didn’t answer the question.
@@TheBooban thesafetypouch.com/products/the-safety-pouch
Try this to make you feel safer. I just heard about it and getting one too. That glass isn't so thick that they can't communicate through it.
is it legally ok to give a donut to the police officer has my source of identification?
No.
Probably not you could be arrested for bribery or extortion on a piece officer
No. That can be said to be a bribe attempt in court
I am thinking of putting together a hand book for drivers for when you get pulled over along with the rights or law. A check list of things to say at a limit.
That sounds cool!
Thank you!
You're welcome!
I can be my own lawyer if I learn everything from this channel lol
You have the right to represent yourself. But you will NEVER learn everything you must know to be successful. Please hire a criminal defense attorney.
Court's hate people who defend themselves, they want you to pay one of their buddies to represent you, that's all i will say about that out of respect for this decent attorney on this vid.
In other words You have no rights, I found out detectives could arrest You even without probable cause
The police will always do what they want to do. The good thing about our system is you can challenge what the police do using the judicial branch of government and force them to prove their conduct was proper.
Gustitis Law if you survive the encounter. Thanks for providing this clear information for the public
Non-attorney here. Having had some experience with police in my younger years I always consul people thet they have the right to remain silent. They should use it. Good clip, dry as unbuttered toast but you made your points. Peace.
Thanks for watching. Lawyers are generally dry, but we think like bear traps.
@@GustitisLaw Fair point. Much success sir.
Thank you for sharing such important & informative information…Wishing you much love & kindness for looking out for others..
You are so welcome!
Thank you for the information. 👍🏻
My pleasure!
Attorney up always. Show drivers license and insurance. Always Attorney up and remain Silent
Thank you for sharing this valuable information.
Of course!
Thank you
You're welcome!
Most people want to cooperate when they get pulled over. Do what your told, but know your rights.
Good advice. Thanks
Appreciate your sincerity
Respect is earned not given I have no police records or trouble with the law
However the current state of the overall police presence to the public is shameful
Most don't care about 'rights'' an rather enjoying making your life hell
The whole mindset and system is highly corrupt with no positive change in site
There are certainly instances of genuine police misconduct. That's what we are fed on the news. But the news never reports the millions of fair and proper encounters between the police and the public. Remember, the police know what your rights are, but they are trained to investigate alleged crimes by side-stepping a person's individual rights. It's the public's responsibility to know, understand, and properly exercise their rights. It's not the police's job to help them. In that respect, the public must bear part of the blame. Furthermore, it's the defense lawyer's job to identify the violations of their client's rights and take action to suppress the evidence obtained. That's what our Constitution permits us to do. Again, it's not the police's job. In any case, thanks for your appreciation.
Thank You , Thank Uou so very much !!!
I live in Canberra Australia and the police don't need our conscent to search our vehicles ☹️, obviously laws vary in different places but I like your videos anyway, very informative 👍
Thank you for watching. I appreciate your kindness and words of encouragement.
Do you know if they need your consent in NSW?
There are hundreds of lawyers or attorneys just here on RUclips TRYING to educate the public on "DON'T SAY A WORD" during a police officer interaction..... ANY interaction! ..... BUT, the stupid public seems to want to make YOUR job harder by talking, talking, talking, talking...... Remember people, if an "Officer of the Law" speaks to you, it's in OFFICIAL CAPACITY, it does NOT matter how "nice" they seem to be!!! Chances are that he / she is NOT just talking to you because they like the color of your outfit you're wearing!
Thank you for TRYING to make the public educated, but there are people out here who just LOVES making your job more difficult!
Over the years, at least 1/2 of my clients would have avoided prosecution had they simply kept their mouth shut.
What PA vs Mimms 1997 where a PO can command you to exit the vehicle to be searched if the PO feels unsafe. So how do you handle that situation as well as the distinction between a Terry Stop and any other traffic stop.
Who cares if the cop tells you to get out of the car? Are you gunna pick a fight out on the street you cannot win? Let your defense lawyer sort out these details. Just keep your mouth shut.
I grew up in Canada 26 years, elementary school to highschool to college to university and never once recall being taught any of this.
I don't understand your statement. Are you questioning what I said, or are you questioning why you were not taught this in school?
@@GustitisLaw
The latter. You sound legit, I take your word.
Thank you for your knowledge And for taking the time on making these videos
Glad you like them!
For one thing the term "Driver" is a commercial term .
License is not actually required by law for travelers not engaged in commerce . Also the term traffic is related to providing goods and services . Taxi , Semi , Limo , Bus etc. If you are not for hire you are not actually driving a motor vehicle . Your personal conveyance is not subject to motor vehicle code . It's code not law . By law you are free to travel safely in your person papers and effects unencumbered and un molested without regulation and . A ton more I can say on this subject but the supreme court has already ruled on it many times . They cannot coerce you under threat , or duress, into compelled performance by surrendering any personal documents .
You are also not "lawfully" required to enter your "automobile" into a state registry database as it is considered an extension of your household goods . You can purchase a personal plate for a one time fee also and be done with it . To licent is to ask permission to do something that would otherwise be unlawful without license . How is traveling from point A to point B unlawful if their is not any harm injury or loss ?
Where is the injured party ? No victim no crime . The dept of licensing has been running a racketeering scam for decades . Wake up people and stop creating joinder and contracts with these highway bandits .
I’m sorry, but I do not agree with your legal theory. If you have some statutory or case law to support your argument, I would reconsider my position.
Simple and to the point , I hate those videos that are 20 min long but get less info than something like this one. Thanks
Thank you for making this video there were some things I had not known so glad that I know have a better understanding. Keep making these types of videos they do help people.
Thank you!
Great info, Thank you for sharing.
Glad it was helpful!
thank you for this information
Your video makes perfect sense, and I understand to do these things to protect me and prove my innocents when I haven’t done anything wrong, but when you say fight it in court. In my eyes this is the problem I spend my money to get an attorney,waste my days away and skip work to attend court, when my charges are dismissed I’m still out that money I spent, days I missed from work and my rights were still violated and nothing is done about the unlawful charges or arrest in some peoples case. When is the Court going to uphold law against the the people who enforce the law but do it illegally??
You make a good point. But here is the reality. The courts do not make decisions about charges, only the prosecutors make those decisions. And the only way you can effectively battle the prosecutors is with a defense attorney of your own. I know it sounds unfair, but you want the best possible outcome, right? Regular people are simply ill-equipped to effectively deal with the justice system. I hope this helped.
the answer is never.whats worse is that judges are not impartial.they almost always favor the prosecution/government,and your word vs the police is nearly worthless.if you happen to have a prior record.....then your word is completely worthless.
@@GustitisLawok but even when you do have a defense attorney, they still aren’t punishing the cop that punished me for no reason
Thanks for the video.
You bet!
I was ‘being silent.’ The officer put the cuffs on me - then he wanted to search my pockets while I was handcuffed. He held onto my cuffed hands behind my back and asked me ‘Is there anything sharp in your pockets that will poke me or cut me?’ I didn’t reply. He asked me the same thing again. I didn’t reply. He asked me the same thing a third time but spoke the words loudly and angrily in my ear. Still I didn’t say a word… So then the officer began to twist the handcuffs so that the metal began to dig into my wrists…. and he said ‘I’m going to keep twisting until you answer me!’ It hurt so much I could feel my eyes begin to tear up, but I kept silent. He twisted the cuffs on my wrists so hard I thought my wrists were going to break. He leaned really close to my head and jerked and twisted the cuffs sharply as he said under his breath but close enough for me to hear ‘I’m gonna f**k you up if you don’t answer!’ I didn’t answer. He grabbed onto my arm super tight and shoved me toward the car so I lost my balance and slammed into the door. He said while slamming me into the car door ‘You better not bleed on my car!’
There were bruises on my wrists and on my arm where he twisted it that lasted almost three weeks after the arrest. If a cop is afraid to search in my pockets maybe it’s time for him to get a job in a different line of work! And… the case was dismissed because the cop didn’t show up in court on the date it went to trial. Not only that but now several years later… possession of that herb is no longer a crime in the state where I reside.
I appreciate your visit. Sorry you had to go though that.
Thanks sir!
You just gained a new sub and a fan.
Awesome, thank you!
This simple law and citizens' rights should be taught to ALL high schoolers in every school.
Yes, everyone should be aware of their rights. Thanks for your comment.
Excellent. Thank you
You are welcome!
Very well said sir. If more people would follow your advice there would be a lot less problems with police these days
You are probably correct on that one! Thanks for watching.
Great stuff, please continue the content!
Thank you for your supportive words!
Thanks for sharing! 👍🏾
Thanks for watching!
At 4:55 you mentioned asking for a lawyer immediately, if you are arrested. How would that look like? Are individuals expected to have defense on retainer or would a lawyer be appointed to them while detained?
It's probable best to hire your own defense attorney. In that case, you get to choose who is working for you. Keep your mouth shut until your attorney speaks with you.
thank you@@GustitisLaw
Thank you Sir. Excellent advice. We subscribed
You are welcome!