Happened to me. Cop made me tell him a half dozen times "I don't consent to searches." So they brought the drug dog out. I get put in cuffs and in the back of the cop car and they search my vehicle anyway saying the dog got a hit when he didn't bark. After they didn't find anything and had to let me go they asked me why I refused the search since Im not doing anything illegal. I told them "Just pretending I have rights."
@@davidclark2932 yeah blame the guy who was exercising his right. The cop has a procedure in place for non-consent, which was the dog. It's his job. Why on earth should the guy who was detained worry about the officer's precious time? If anything making him call the dog and wait may have prevented him from murdering another civilian
@@felixG83 So you think it a good idea and waste police time? How about going to a hospital and pretending to have an illness, you could waste loads of doctors and nurses time. Maybe other people could die whlle the medical staff are attending to you? Thankfully most people prefer to help the world and try their best to do that. Losers like yourself prefer to be as unhelpful as possible.
@@davidclark2932 If the police choose to stop someone they accept the possibility it could be a lengthy stop. I'm under no obligation to make the officer's job easier by subordinating my rights. Allowing any officer to search me or my vehicle just to "save valuable resources and time" puts me at risk an gives an officer a chance to claim he found god knows what. Say the officer decides to charge me? Then we are taking valuable resources and time from the local county court systems, part of county resources that are already stretched thin. The police are paid to do a job. If they choose to stop me, absent committing an actual crime, they have procedures to follow depending on how the interaction goes. It's all part of police work. I'm under no obligation to save anyone any time or money when there's a possibility my freedom could be taken from me.
When refusing consent and requiring a warrant, cops will often charge you with a ridiculous crime. They know you'll be able to get out of it easily, but they also know it will cost you money in the form of a lawyer and just want to make you pay for not succumbing to their tyranny. I've experienced this first hand numerous times.
+Dan L Ah yes. You have been charged with a ridiculous crime numerous times. Why? Because the cops just like to make shit up cuz they no that nobody is really doing anything.. Yes it makes total sense.
jordanjcm jordan I have been charged for a nonsense charge after refusing a cop the right to search my home. I got out of it easily but the fact that I had to spend money and get an attorney for it is wrong. They know it's going to ruin my day having to pay money to an attorney so that's their way of fucking with you when you don't let them fuck with you. It's more of a "respect my authority" intimidation technique.
+Dan L Were you caught doing something you weren't supposed to do (like speeding or changing lanes without signaling), or were you innocently chewing gum and they just came up and harassed you?
I have pre-paid legal insurance. Now if a cop stops me I just call the emergency number and get an attorney on the phone. Then the cop gets to deal with the lawyer. I've had to do it a few times already. It's amazing how fast the cops back off once they realize you're not vulnerable and weak and instead you can throw a lawyer at them.
That's not entirely correct. Even if he has probable cause he may still ask for your consent to search, Why? Because what the cop considers to be probable cause may not be to the judge. By getting your consent to search he can avoid the entire probable cause debacle.
@@johnstack5008 everything with police is a game to incriminate yourself and make their case for them. Cops may enjoy murdering civilians but they don't enjoy lengthy paperwork
i had a police officer he walked up to the passenger side of my vehicle and i rolled the window down to see what was up. H said, " Oh no i want you to open it up and he opened my passenger door and immediately opened my glove department so he is beginning a search i never authorized! :(
Great video. I had a situation where I got pulled over for a taillight and the officer claimed he "smelled marijuana smoke" and wanted to search my car. I calmly said "I don't consent" and then the officer started saying he was going to call a drug-sniffing dog and "it's better to be honest with me now because if the dog finds it you'll go to jail." I stuck to my story saying I don't have any marijuana and I'll be happy to wait for the dog if necessary. The officer let me go!
@@videosofinterest9227 Exactly. I'm on the road not because I want to wait for dogs to show up, but because I have somewhere to go. I want to go there, not be held up for no reason
This video and many like it across youtube are the most important videos on the web. If more Americans were as concerned with learning and maintaining their rights, their rights wouldn't be slipping away as they are. Great video, thanks!
The sad thing is that isn't being addressed. We as citizens shouldn't have to put up with this shit at all. We shouldn't have to be 100% knowledgeable of our rights. The cops were hired and are there to protect our rights not to take them away. Its awesome we get pointers on what to do but we really should be working to change the system so we don't have to be in fear of being searched illegally or have to answer questions when we're not suspected of anything.
Daniel Vincent Kelley "" You don't acquire rights by irresponsibility. You lose your rights if you're irresponsible"" If a right can be revoked because you are acting irresponsibly.. then is it really a right.. or is it a privilege. Of course the problem is people dont use there rights responsibly.. Like refusing a search -- all criminals would refuse a search if they knew the cops would back off and not search them. If they knew you could say the magic words "" I dont consent to searches"" and the cops cant do anything.. people will get away with crime. But luckly that flex your rights crap dosent work in real life.
Daniel Vincent Kelley""And by this, by people sharing their knowledge, by people swelling the ranks of people who know and demand their rights" In reailty the only people who flex there rights are drug addict or potheads.. who are trying to get out of possession charges.
NocturnalLunacy theyre lazy. Instead of patrolling like real cops you got a bunch tall overweight guys searching peoples bag which they dont undertand as profiling. 4th amendment protect us. Ppl hate them cuz the rookies catches petty crimes
"Officer, I do not believe you have probable cause to search my vehicle. If you do so, you do so over my objection." Write that down, remember it! Translation: Ball's in your court sir. If you feel you have probable cause, go for it. If you don't, you can't. And I'm not being a jerk, I'm just objecting to being treated like a criminal. Great vid bro.
GREAT Slim... A good piece of information for one's arsenal! You know it is sad, but the entire time I was watching this video I was thinking "but what about the citizens dash cam video?" But not everyone has that. I think it is well worth the $150 bucks they cost but I also know not everyone has $150 extra, I know I don't. If/when I win the Lottery I will buy a lot of Dashcams for a lot people!!! Sad we have to protect ourselves from those SWORN to PROECT us!!!
Better way is to say "before I give you consent to search my car can I ask why you want to search it?" I've done this before and it worked. Key is never argue with a cop on the side of the road. Do your arguing in court.
1. you refuse the search 2. you are tased multiple times, until the taser runs out of battery, or until your thrashing rips the barbs out of your flesh. This thrashing is called "resisting arrest" 3. if you are then unable to speak, you are beaten until you are unconscious. This is called "impeding an investigation" 4. All of your friends, family, and nearby persons' recording devices are confiscated for "the good of society" This is called "collecting evidence" 5. the NSA immediately connects live to all of your wireless devices and home PC 6. all of your friends are placed on suspicion for "terrorism" This word doesn't mean what you think it means. It means "disagree with government" 7. Your home is raided a few times because of "an anonymous tip" before the trial, just in case they didn't find all the recording devices. Your computer, file cabinets, and any paperwork with which you could use to defend yourself will be confiscated as property of the state, whether it was on the warrant or not. Don't worry. If there was no warrant, one will be generated later.
Summarization: "I do not consent to being searched." "Do you have probably cause for keeping me here?" (optional) "Am I free to leave?" Just saying these three things will help create a stronger legal argument in your favor if ever you end up in court as a result of this situation.
Heiliger Fakewooder None of those statements effectively assert your rights. You wouldn't "like to leave", you want to know if you are being detained. You wouldn't "rather" they don't search you, you DON'T CONSENT.
devilmonkey471 'I'd rather not answer questions' will work just fine, even if 'I'd rather you don't search me' won't. Nobody can force you to answer a question, unless they waterboard you or put a service weapon to your head. The point is to establish, in case things end up in court, that you deliberately declined to answer questions, rather than just refused to co-operate. This should not be taken as legal advice, but I'm pretty sure that the line as written will establish that you invoked your Fifth Amendment rights. I'm not sure about 'I'd rather you don't search me.' But it never hurts to be polite. If that doesn't get the message across, you can always try something stronger. Again, check with your legal counsel, but I'd be very surprised if 'I'd rather you don't' is insufficient to suppress any evidence a subsequent search might turn up. 'I'd like to leave' puts the ball in the officer's court to come up with a reason why you can't. It also establishes that the encounter is now continuing without your consent, in other words, that you ARE being detained. Again, this is very significant if things end up in court. Just asking 'Am I being detained?' often results in not getting a straight answer, and it's much less effective at establishing your intentions in court. (maybe you just wanted to know if you should call your lawyer) If the reply is 'You can't leave', the follow-up is 'So I'm being detained, I'd like to speak to a lawyer'.
@@malachi405 According to a video that I recently saw, you have to INVOKE your rights. "I invoke my right to remain silent" "I invoke my right to counsel" "I do not consent to searches".
These cases have ended up in the Supreme Court, and there will probably be more, in the future. If you want to go all the way, you can mention the specific amendment that you're referring to. Sometimes people really do that, like in high-profile Testimony before Congress. "I invoke my right, as per the Fifth Amendment to the Constitution, not to incriminate myself." "I invoke my right, as per the Fourth Amendment to the Constitution, not to be subjected to Searches or Seizures, in the absence of a warrant." In general, the Framers thought that the Constitution doesn't grant people rights. The rights enumerated are natural rights that every free person has, and cannot be granted or taken away. So you have those rights whether you formally invoke them, or not, as long as you don't give them away. 'I'd rather not be searched' makes clear that you didn't agree to the search.
Key phrase, "Calmly assert." in order to de-escalate the situation it's important to remain calm and in control. The absolute worst thing you can do (besides consent) is to loose your temper. Once that happens, you've lost whatever control you had. Thanks for posting the video. FlexYourRights advise saved me a lot of hassle simply by following this simple advise.
I refused a search in ohio, the cop searched anyway and found a little bit of weed, harassed me for 20 minutes, then asked if I was willing to go to jail for a couple joints, I said yes... they then told me to go home, LOL
It's because they legally couldn't use that weed as evidence. It was an illegal search since they searched without probable cause (presumably), a warrant, or consent, and the weed would have to be removed from the evidence if your attorney had enough sense to so demand.
As a police officer, I saw this video and was like "oh god, another internet attorney"... But you know your stuff. Good on you for sharing your knowledge with everyone. We all have our constitutional rights and the glory of exercising them. I actually appreciate when someone flexes their rights!
What they did to me, after I told them that they couldn't search my vehicle, was they said that they "smelled something"(I literally had nothing that could get me in any trouble). Then they brought the k9 unit made him circle my car once, nothing happened, then one of the cops escorted me a little further away as the k9 guy gave the dog an order to bark by softly kicking the dog and the dog barked. Just seconds later they opened all the doors popped the trunk open and turned my car inside out. They searched for like 45 minutes to find nothing. By the way I was pulled over for having an expired tag that was expired by like a few days.
Fire Breather That sucks man. I was super pissed but I just brushed off my shoulders. If that were to happen to my mother I would be all up in court fighting this shit til those fuckers give in.
Gene Berrocal Yeah, I was in the car when it happened. The officer threatened to put me in child care when my mom was using her 5th amendment. Then he called back-up when she started yelling at him for putting me in tears. Jackasss.
Thank god they didn't bring their own evidence . Did you see the badge cam video of the Baltimore cop who didn't know the cameras record another 15 seconds after they are turned off ? He brought his own dime bag of coke for "evidence".
Lawyer told me to Buy a spy pen on Ebay and keep it cliped on a pocket. Got stoped by a ass hole punk cop, He did the I can smell lie,, Tore my truck apart,,found nothing but still went to jail. The cop looked like a fool when it was played in court. Busted him in so many lies the city fired his ass after they had to settle 3 law suits just on him for Spy pen videos. Best 27.00 bucks I ever spent !!
I do not care who you beleve "Michael Lawson",, Me and 2 others used the same lawyer,, The City lost all 3 suits !!! buy you 1 or more Spy Pens,, www.ebay.com/itm/16GB-Spy-Rec-Pen-Camera-Hidden-DVR-Surveillance-Video-Cam-Camcorder-USB-SILVER-/221699233222?hash=item339e4dd5c6:g:NaEAAOSweW5U7Azg PS, I got money in my pocket not you troll !
Thank you thank you just 15 minutes ago I was pulled over for speeding after a long wait I was asked to step out of the vehicle where the officer informed me that he would like to search my vehicle that I was physically nervous so I should be honest and tell him where the stuff is I politely refused he told me a canine was coming I said good I like German shepherds unless you're detaining me I would like to leave he told me to get in the car don't let him see me again
Thank you, I've been hearing a little bit about this and have had my concerns. I know that standing for my rights will be a little tricky but I think is better than just letting them run over me. as they are often in the habit of doing
if they call in a dog and the dog "indicates" , be sure to ask exactly what the indicator is. They should verbally tell you what they witness so you can witness the same thing . If they won't tell you be suspicious.
Thanks for that info! Idk how it happened, but I wound up with a "regular" lawyer on the state's dime, who had my case dismissed inside of ten minutes. Literally. That after three months of going back and forth to court and being told by my PD to take jail time and pay a big fine. I didn't do a damn thing. No way I was going to do that. It all worked out, but now I have an even bigger distaste for police. But thanks again! :)
What if you ask if you are being detained/or are free to go and the officer just doesn't answer your question...or, as has happened to me, says "You aren't being detained, but you can't leave because I'm asking you questions."
If the officer says you cannot leave but you are not under arrest or being detained, he is illegally holding you and you can remind the officer that they cannot hold you without reasonable suspicion and that you are free to walk away (Don't just walk away, cops don't like that). If they do not answer when you ask if you're being detained, ask why you are being detained. Assume you are being detained and push for a reason. One time I was in a similar situation, where I got stopped and the cop wouldn't tell me what I did wrong. I said, straight up, "Officer, I don't have time to play games. I'm going to ask you again what I did and if I'm being detained or not. If you don't answer, I will assume I am free to go. It's a very simple question. Do you suspect any wrongdoing on my part, and specifically what?" It worked, cop got pissed off and left. Well, it's true, I don't have time to play stupid games with immature cops. I still wouldn't have left if he didn't answer though, otherwise the prick cop would've slapped me with resisting detainment. Asshole tried to grill me on why I had a loaded and licensed gun in my car though. That was fun. "You have my permit in your hand, you just ran the registration. You know the gun is legal. I don't care about your opinion on guns. You're a cop, do your job and stop harassing me about my legal firearm." This was a "special" cop. You know, those pricks with a superiority complex and anger issues who never takes his hand off his holster.
So basically tell them, "I understand you are just doing your job but I do not consent to any searches." Then let them respond, which they will, and then say "Officer, are you detaining me, or am I free to go?" So if they are detaining you, what then? Do you refuse to answer questions and state so? What about strictly not answering questions? I've heard that you can say, "I refuse to answer questions or I don't answer questions." I'd like to know more about this.
Chris Jackson Actually, the 5th Amendment protects you from having to testify against yourself in court among other things. It has no bearing on an encounter with the police out on the street. The 1st Amendment articulates the right to free speech and expression among other things. Various court rulings, including rulings by the Supreme Court, have shown that the freedom to speak *includes* the freedom not to speak.
Alex Blaze Technically, you testify in a court of law. You don't testify while out in the streets. But whether you interpret it as the 1st or 5th, you don't have to say a single word to the police or anyone else.
Alex Blaze Agreed. Whether it is a 1st or 5th Amendment issue, the answer is the same. Give them absolutely no information and don't agree to a search of any kind. It's amazing how many people actually talk themselves into a ticket or an arrest.
Rayven10 The language of the 5th amendment is that no person can be compelled to be a witness against himself. Doesn't say anything about "testimony" or court. The right to remain silent (including not talking to the police), while unfortunately and incorrectly attenuated by recent Supreme Court decisions*, still exists. *(Hiibel v. Nevada [2004]; Salinas v. Texas [2013]) (Both wrongly decided, but what can ya do?)
As a Police Officer what he is saying is accurate. The biggest part is being POLITE!!! Exercising your rights is fine. If a Police Officer has a hint that there may be something there they can ask to search. Just as you can refuse. If the have PC then you will end up getting searched. If they don't, you won't, unless you consent. But be polite about it. Also know the local law about when you are required to present ID ( or give your name) and when you aren't. Way too many incidents on youtube show a person getting arrested when they were required to present ID and they refused.
A buddy of mine seen the police harassing another young guy, just being bully assholes. So he yelled from across the street to leave him alone, the cops ran across the road and started to kick my buddy's ass. The one cop broke his finger from punching him in the head and charged him with assaulting and officer.
What you guys and girls don't understand is its not about being mean or not helping cops when they are just doing their job. It's about exercising yours rights because thats what they are there for. You say why not let the officer search you when you have nothing to hide which is fine. But remember when you give up your rights or don't know your rights it won't take long before they are taken away. Exercise yours rights because you have them, that way you're not taken advantage of, that way you don't have to worry about planted evidence. Or just crap cops use to get money cause thats what their goal is. Not to tell you you were speeding when you were following the conditions of the road but to soak up more money. #UseItOrLoseIt
?? assuming the cops are corrupt enough to plant evidence.. I don't think they give a shit about whether you consent or not.. Not cops has ever said ( or though) This guy is being a douche.. I want to plant evidence on him.. but he refused to consent to a search. The cops if they are corrupt are more likely to plant evidence on your if they think you are disrespcting them.. And cops often interoperate refusing a search as being a smart ass Beside the cops dont even need to plant evidence.. simply said '"I smell weed"" is enough probable cause
I disagree with this. you are intimating that because it is my right I therefore should use it. What if I exercise this right knowing that (1) I have nothing to hide and dont care at all if they search my car and in fact I kind of like it because I like to see their dissapointment when they find absolutely nothing and (2) by exercising said right it just creates more a hassle for me, a pissing match/argument with a cop where during the length of time it takes for me to win that argument he couldve been done and I could have been on my way with nothing more than a "have a nice day, officer" . The point is, for me: If I need to use my right , I can choose to use it. I dont HAVE to use everytime just because it exists. If I dont use it today doesnt mean I cant use it tomorrow when I feel it is neccessary to exercise it
Thank you for the response and the information. Yes the video was informative and instructive and I did understand the details contained within it. To make my question a little clearer: suppose that a legitimate traffic stop has already been made, e.g. burned out head light or tail light or the ubiquitous "driving erratically". Suppose this is the first pretext to justify the stop, as they may have previously profiled you and want to go on a "fishing expedition" for contraband in your car.
Here if you refuse a search they call over a drug dog. Then they make them jump all over your car, and scratch it up. Next they give them the command to sit. Then they tell you that's how they mark that they have smelled something. Even when I tell them my shepherds are trained in the same language, and I clearly just heard him give the dog the command, they still tear my car apart. I don't even smoke cigarettes, or take OTCs so I have definitely never had any drugs in my car.
@@jamesreese1999 - Supreme Court also ruled that evidence derived from a drug dog initiated search alone is not admissable - because the OP is correct. A dog's "signal" is wide open to interpretation mainly, but also the potential that gives for abuse. I hate dogs personally, and I know from personal experience how to get a dog going nuts without a single word; plus, if their standard is still German for training, that'll sink a canine unit easily enough. If not, I'm sure canine trainers aren't silent about their craft... The whole idea though, deference to a canine, is utter insanity. "I am an intelligent human being, here after 200,000 years of evolution as the globe's Apex predator, of magnitude beyond the intelligence of any other species for at least 40,000yrs and I can't substantiate a legal search, ...but, just to be sure, let me call for an animal based on a non-Apex species of sub-human intelligence, that we further broke genetically to be servile over several thousands of years, that was then born into this world, further broken and made utterly dependent on my officer buddy, and we'll see what this walking piss and shit factory of a species can point out that I'm missing cause you are guilty sir! And you'll be sorry when the dog gets here...and you have to watch...as it defecates......and... Christ...consumes it's own excrement....." *gags as if to vomit "... Ugghhh...but then....signals, with a clueless look backwards that you are goddamn guilty!! Admit it now! Do it! Do it now!!!" *Handgun drawn to your head; officer sweating bullets... "I swear I'll fucking kill you!!! You make me sick!" See, I just don't understand the average cop - why a gun to the head and speaking of guilt...? It's just so unprofessional...(?)
what about if the cops illegally search your car on fake probable cause of the smell of marijuana, but they don't find marijuana, but they do find 50k in cash and arrest you anyway.
Well in that event you'll be charged with tax evasion,if you can't legally declare or prove with proof of employment that you earned the money.You can not walk around or leave the country with more then 10,000 dollars.
not sure, but i believe if there was no probable cause to begin with, any evidence obtained during the stop from then on was unconstitutionally obtained and the case should be thrown out
Very well done, and something everyone should see. I've had a cop ask if they could search my car once. I just said "No thank you, I'd rather you didn't" Sure enough, they let me go without a search. Like he said, it won't work every time, but worst case is, you still get searched, so it's worth a shot!
I was just pulled over tonight for speeding. The officer had me kill the engine and get out of the car. After he ran my license, he asked me if he could search my car. All I said was "no" and he let me go with a ticket.
I would add that it is very helpful to learn what is and is not considered probable cause. Some times local police departments will even have little niche things that they use as probable cause when they actually would not hold up in court. Once you have an understanding of that, you can explain that the reason that you are not consenting to a search is because of lack of any probable cause and that you have places to go and things to do and being detained after it's clear that no law was violated or there is no cause for search is costing you time and possibly money (not to mention your g,d, freedom) This has been effective for me in many cases as I used to run around with a mohawk, leather jacket and combat boots, driving in a old beater. ...and be polite! That's a big one! I had to learn the hard way. It's still not perfect, though. Once, I got the response "my probable cause is that I randomly pull people over on this roadway and run their license plate and driver license" When I told him "that is not probable cause" he handed me a "no proof of insurance" ticket and said "tell it to the judge!"
Chris Turnblom Never make a statement. Ask the cop if he has probable cause. If he says yes then ask what that probable cause is. If you end up in court, the cops testimony can win you the case if he lied. If he asks you questions you say "Are you trying to get me to incriminate myself?" Then be silent.
***** You also need to also take into consideration practicality. Do you really want to spend the time to go to court even if you will win" When I was younger I felt differently but now my main mode of thinking is "How can I get out of this situation as quick as possible without my rights being violated?" but if my right get violated, being on my way is usually my main goal. Most cops have an authoritarian complex so asserting you rights is always a tricky proposition. Also, sometimes you get to court and the judge really could care less about the facts or your rights. He just wants you to give the state money and get out of "his" courtroom. I'm sure that when I retire I'll be back into protesting and trying to hold cops accountable and such but right now it's not the number one thing on my list. I figure there are less time consuming and more effective ways to fight corruption at this stage in my life, other than trying to make every violation of my rights an ACLU test case. But if you've got the time... go for it, I say.
followup: I guess I am kinda on the fence about this, you're right about admissibility after refusal to search. My buddy tried the whole "I don't consent to any searches" thing and failed miserably, had his truck searched, and they found a small bag of weed and one xanax bar. But his rookie public defender did successfully win a suppression hearing, which forced the DA to drop the charges. The judge even mentioned in his written ruling that the key was when he asked "Am I free to go?".
Very level and informative. Great job on this PSA. The key as usual, is to be innocent in the first place. However, and if that isn't quite the case, then your advice of legal Jujitsu is very noteworthy. And yes, politeness at all times. Definitely do not have a bad attitude with the officer or officers.
I refused a search recently, and the officers were really nice about it. I had been advised not to allow searches by a Lawyer who was a youth leader in the church I went to growing up. I explained what I had been told to the officers, and was of course very pleasant with them, and they just said OK. Then me being me, I asked them if it was really Ok, I felt bad telling them no, they laughed and told me it was my right. Then we stood and talked for a minute, they didn't give me a ticket and all in all it was actually a pleasant experience. Never thought I would say getting pulled was a pleasant experience, but it was.
the scary thing about a search is that, cops can put stuff in your car and then say its yours, as someone who never use drugs, never ever have them, its scary
Annika Geshe they do to take you into custody and make you confess but don’t charge you with it because cops are legally are allowed to that but just go to court but pretty sure the cops will let you leave in about an hour or so
Their problem is that the drugs baggy won't have your fingerprints on it since you have never seen it before, and never, never, never take it from them if they attempt to hand it to you. Ask for a fingerprint check if they try to charge you with it, and never physically handle it for any reason. The only prints will be cops and their possession case just went out the window.
My brothers were cops, and they told me all the bullshit ways cops can dream up "PC stops." If your a/c vents are closed, if your a/c vents are open....they showed me two full pages, front and back of the most ridiculous, absurd, and obtuse excuses they were allowed to use to violate peoples "rights."
Other then a front and rear window dash camera for vehicles,what type of camera is good to have for the car to record things, especially when you are dealing with cops? Perhaps a camera that is attachable to the car ceiling.
The only thing about asserting your rights to a cop, is that from there on, they're gonna throw the book at you. So you better hope that you aren't breaking any other laws.
Remember that when a cop talks to you that he is getting you to tell on yourself and every thing you do is helping his case against you, The thing to do is not be involved in illegal activities to begin with and don't give the cops a reason to mess with you
I would also turn on the video on my cell phone to record everything from my dash. If the cops asks, nothing to hide...filming is not illegal and records everything said. Extra protection and evidence even though we all know cops never lie !
A cop showed up at my door asking to come in and check on my dogs (delivery man thought I might be a hoarder due to lots of barking). My dogs are in excellent shape and well-cared for, but I wasn't offended. I was glad people cared enough to check. I still refused, and the cop asked why. I just told him I don't allow searches. He was very friendly and professional, and thanked me and went about his day. This is how police action should be.
***** In most states, they can order you out of the car. This is something you cannot legally refuse. If you do, you risk arrest for that alone. Everything else is correct.
Rayven10 in New Zealand you never have to get out of your vehicle unless required to"accompany for alcohol testing procedures"(thats not arrested)or if you are arrested.If you do get out of the car-take the keys and lock the vehicle.
jadekayak01 Then you are lucky. In the US, we have to get of the vehicle if ordered, regardless of whether or not there is a reason for the stop. The law is there supposedly to protect cops from people grabbing weapons and to stop people from destroying evidence.
jadekayak01 True but New Zealand dosent have the 2nd amendment were anyone can pull a gun. Traffic stop in the US are much more riskier in the US - so cop have to make sure people get out of the car were they can see there hands clearly at all times.
Just stay calm and polite. Know your rights, but also know the officer's rights. Learn a little bit about their job. You shouldn't go to a doctor without some understanding of what s/he does, why wouldn't you educate yourself about what police officers are required by law to do? The biggest reason for trouble between police and civilians is an imbalance of knowledge, and knowledge is power. Unless you are an expert on the Constitution (especially the Charter), extremely well versed in police practice/regulations, and well read as to case law at all levels of the judicial system, you can't know everything...but neither can an officer. If you have at least a basic knowledge of what they are trying to accomplish on a daily basis, and their legal abilities in pursuit of that, then you can protect yourself. The biggest tools you have are: be confident but not arrogant, respectful but not subservient, and knowledgeable but not know-it-all. Police officers are people just like you: if someone is a dick, your back stiffens up and you want to get in their face any way you can. They just happen to have a gun, taser, batons, handcuffs, and lots of backup. Be smart. Being right isn't always worth a day or night in handcuffs down at the local constabulary.
I think that you are a really good guy for taking the time to make this video, police do indeed violate people's rights all over the world. In Australia it is quite common. More people need to understand that the harassment is NOT ok, and if the tables were turned, I am positive just about every officer would feel offended and say no.
i do understand though... its just really sad that we hafta take huge steps to protect ourselves like this because alotta our police officers have this nazi gestapo mentality
I like how James Yeager, who was a cop himself put it. any good cop with PC will not ask. they will just tell you they are searching the car because they had PC to do so
When that happens to me I always say, I do not consent to any searches,then I say I will not answer any questions that do not pertain to the reason to the stop, and then ask if I am free to go
OK maybe this is dumb but why would you want to refuse a search if you dont have anything to hide? I mean if you turn up having nothing and you've been cooperative, it seems like that would only help your case for innocence.
Dear radseven89 So, let us say that you are "innocent" as far as you know. HOWEVER, unbeknownst to you, a terrible crime occurred not far from where you were stopped and the police are looking for whoever did it. They have evidence that conclusively links that other person to the crime and YOU HAVE IT ALSO. If they find that YOU have that evidence, which seems INNOCENT TO YOU, you are going to be arrested immediately until they sort it out. Do you want to go to jail, even for a night (and it will most likely take FAR LONGER THAN THAT). Keep it simple and just say "I do not consent to searches".
Exactly. To many people these days almost abuse their rights to do things. The point of our rights was too protect us from oppression not to commit crimes and keep from being caught. Unfortunately that's what it's becoming these days. I do agree people should know their rights but also understand what they are for. Had a friend of mine who was stopped by an officer and the kid had a bad past that he had since turned around. Regardless the officer was not ready to let that go and was demanding to search everything in his car and on him. Basically it give you the impression the officer was going to find any excuse to find something wrong or even possible plant something. So he refused the search, pissed off the cop but was on his way. So yes there are times to use your rights. But don't listen to these yahoos who believe we are losing a bunch of rights and the world is becoming "Nazi Germany". Any person who did a decent study in case law and our rights would understand we are actually gaining more rights day after day.
What if the previous owner left drugs in that car? If you refuse the search and they search anyway and find it, it cannot be used against you in court because they didnt have probable cause or a search warrant.
You idiot. If you have nothing to hide it means you've done nothing wrong and is precisely why as a patriot, you have an obligation to uphold your rights.
Best advice I ever had: "Nothing you ever say to a law enforcement officer will ever be used to help you." This may sound silly but it applies to a traffic stop: "Is this your current address?"', "Where are you coming from?", "Where are you going to?", "Do you know why I stopped you?", "Do you know what the speed limit is?", "Why did you not stop when you saw me turn my lights on?" Be polite, courteous and respectful, but train yourself to not reply to anything! Of course, it's unlikely that during a traffic stop you'll get away with only a "warning" and for sure you'll get a citation, but that's the price you have to be willing to pay. That's my advice. Now, I hope I can do that and I hope you can too. Cheers.
one of my biggest fears in this situation is refusing a search, pissing them off, and they bring a dog or use some BS reason to search your car and literally tear it up (leather interior rips from the dog or officers,compartments or hinges etc damaged etc.) and I feel there is no consequences for law enforcement from the damage.
There isn't, usually. But if they're taking video of the dog doing it's thing, and it shows the dog enthusiastically clawing and gnawing away at your ride's leather upholstery, encouraged to do so by its handler, that MIGHT be a bit tough to 'splain' on the Six O' Clock news, or to a Federal Judge.
I'm a young hispanic that lives in South LA, by what the media says I should be in jail. But yet I'm not! Its been years since I've been stopped by the police. I was doing 85 in a 65, at night on the 110. I knew i could get stopped but being 19 I took the risk. CHP pulled me over and asked for my license. He asked if I knew how fast I was going, to which I said probably too fast :D (I was a smart ass then). During the entire stop I kept my windows rolled down and guess what, HE NEVER ASKED TO SEARCH MY CAR?!?! Here I am driving through South LA at night in a 300 SRT-8 and I still have never been even asked to step out of my car! Since then I really don't drive crazy and took the window tints off, I check my lights and make sure I pay my insurance and registration on time. Maybe if you guys did that you wouldn't be stopped in the first place, just a thought..... and all this flex your rights really doesn't do anything. You're just adding to the us versus them mentality. Fear mongering creates more fear, tension, and pre meditates negative incidents.
That is one of the reasons why it is so important to write "All Rights Retained" on your drivers license when you sign it. If your name is in all capitol letters on your drivers license, you must also write those same words. If they have you sign an electronic capture box that is then digitally arranged on to your physical license you can write it directly bellow your signature, just like it was a line that you are signing on.
To make a long story, we have problem neighbors all around us. Someone anonymously turned the guy in behind us for burning household garbage, plastic, whatever weekly. We had problems in the past, because he is a 75 year old 2 year old. So he assumes its me, marches right over in the middle of my yard in my face talking crap, and I basically told him to get back over there, and stay there. About a decade ago I had a greenhouse, and was growing Japanese maples, people gave me from there yards, when I was delivering pizza. Well, someone called the cops, they came, look in the greenhouse, and left. We put up a huge No Trespassing sign up yesterday facing his way. He saw it today and put up his own sign that says " Keep out pot smoking freaks & mangy cats" I then put a sign, under my sign, that says " Japanese Maples Genius" I'm sick of this crap. If the "Law" comes here again, which I doubt, they probably wouldn't even come out for someone just saying that I smoke pot, but if they did, and I refuse to let them in without a warrant, and they wont leave, or something, are they not trespassing at that point? What are the laws against cops on your property period? thanks
Yeah, I'm not worried about it. I"m just wondering what the legal time limit is for them to remain on my property, without it being considered trespass, or harassment. So far, I can't get a straight answer.
Adverse InReverse police dont really trust now that america has gone more crazy, so some might still search you but if you said no, they would think your hiding something, if you have nothing to hide, then nothing to worry about
To refuse is a roll of the dice. If you are not wealthy, then you risk your car and your job. Sure you will probably win in the long run but can you afford the lawyer, towtruck car storage, seizure of your license, time away from work to deal with this. If you keep a clean car and no contraband, then let the cop do his search. and be polite. I have friends who live in the projects.
Was pulled over yesterday with 2 people in the car. The idiot in the back threw a can out of the window rite in front of a cop. 🤦♂️anyways he asked to search and I said "well I would really rather just be on my way sir." The 2 passengers got out to be searched, but the cop never bothered me again. Was very polite as usual, and we were all calm and cool. Was honestly the best traffic stop I've ever had by far.
That's a good point. Just a little clarification on wiretap laws, though. It is only illegal to secretly record private conversations. When police officers speak with the public in the course of their duties, those conversations are not private, so you can secretly record them without any worry. You have to consider any other conversations your recording device might pick up, though.
I got pulled over by a cop one evening after dark. I was getting my drivers license out of my purse and sat there waiting. I looked back behind me out my drivers side window a couple times and wondered why he was taking so long. Just then, he started knocking on my passenger side window and tried to open the door, but it was locked, as always. I thought my heart was going to jump out of my chest! He said open the door. I said no. He said open the door. I said no. He said ma’am, open the door. I loudly said no! He loudly said ma’am, you need to open the door. I yelled no, I want to see some I.D.! He shined his flashlight at me for whatever reason, but complied with my request. He puts his badge up against the window. I said, Sir, that’s your badge, not your I.D. I need to see your I.D. with your picture on it. So, he fumbles around with his flashlight trying to get it out of his pocket, and puts it up against the glass. I said, How do I know that picture is you? Shine your flashlight on your face! By this time, I had forgotten what his face looked like on his I.D. So, I said, I need to see your I.D. again. By this point he was really perturbed at me. He asked me again to open the door. I said no, but I rolled the window down maybe only an inch or so. He said, Ok, ma’am. Stick your drivers license and proof of insurance through the window. I said no. But, I held my license and insurance card up so he could see them, but not close enough that he could snatch it through the window. He said just a minute. I’m going to my car, but I’ll be right back. Do NOT leave. While he’s in his car, I’m trying to figure out what on earth is going on! Why did he stop me, I wasn’t speeding, does he think I robbed a gas station? .... which I would never do. He comes back up to my passenger door again and asks Ma’am, do you know why I stopped you? I said, I wasn’t speeding, I didn’t rob a gas station because I don’t do stuff like that and besides, I have the money to pay for gas. He said Ma’am, your tag expired over a year ago. I said Wait, what? He said, Ma’am, why wouldn’t you open your door when I asked you to? I said, because, officer, there’s some maniac driving everywhere around here in a black car with lights like a police car pulling people over and beating them up and robbing them. Did it occur to you that I might be scared, that I’m his next victim? How do I know if he would’ve raped me? I’m an old lady, but there’s some really demented, sick people out here! Did you even THINK, that being a helpless woman that I might be scared out of my wits???!!!! With a sheepish tone, he said Ma’am, I’m sorry I frightened you. I didn’t even think about that. I said, Well you SHOULD!!!! Think about that when you pull over a helpless old woman! With a sympathetic smile, he said yes, ma’am, I will. Have a good evening, ma’am. I’m sorry to bother you, ma’am. Do you need me to escort you home, ma’am? I said, No, not this time, but if you give me a heart attack next time, you’ll have to escort me to the hospital or the funeral home. Oh, no, ma’am, I wouldn’t want that to happen. You have a nice evening ma’am. Thank-you, ma’am. Have a nice evening, ma’am. He walked back and just sat in his car for a few minutes. After I calmed down a little bit, I thought, Oh my GOD! He’s going to come back and arrest me for yelling at him! But, he didn’t. He drove around me and took off real fast!!!
I do this as a sport sometimes just for fun. Test it out so you'll have experience refusing searches. I used to drive around in waiting to be pulled over for suspicion -- knowing I'm clean anyway. The first time it was somewhat nerve racking because they'll usually try to scare you. But in none of the times I've done it have they violated my rights
Also search incident to arrest warrant search and if yuh out get taken to jail they can search your car for "safe keeping" documentation as to what is in the car. Before its towed. If you are ever pulled over park in a parking lot. Not public street. Once you get out of the car lock it right away. If you go to jail. They wont tow it. Plus you locked it
I was pulled over once for going 5mph over the limit. Cop said I was nervous, asked to search the vehicle. I said "Sorry no thanks". He said he'd detain me and call a k9 unit. Looked inside my car from the outside. Had me sit in the front seat of his cruiser. Detained me 30 minutes, finally let me go. As I put one foot out of his car, he called me to sit again and told me I was nice, that I should go through my trunk and check if there's anything illegal in there. I didnt, but the whole thing was terrifying.
I stayed in a Tampa hotel for the night at 2 am cops show up beating on my door . Then I answered they threw me on the ground handcuffed me searched my room to the point of even taking the furniture apart and flipping it over . I said do you have a search warrant and was told we are the police we do not need a search warrant. After they were done with there search not finding anything . They put me in the back of a car took me to jail and charged me with obstructing a police officer for refusing to allow him to search . My bond was $100 I thought I was going to get out couse I had just gotten paid and had $460 cash in my pocket . Well when I got to the jail and went three booking I had $0 . And had to spend the entire night there until I could call my boss to come get me out well he was there within the hour and I was held for another 72 hrs after that before they released me . The case got dropped but I found out not only are the cops scumbags every atturney I spoke to about seeing the police wanted huge amounts of money like 1 wanted $10'000 up front another wanted $25'000 up front and others streight up told me you can not sue the system you will not live to tell about it and they in no way would put there lifes let alone there jobs in the line for me . I learned Hillsborough county cops courts and attorneys are all crooks and thieves that work together to protect each other . It's a crooked system .
I've had my car impounded for a tail light out. I consented to search and I yelled to him while he was inside my that I have child support money in there and it better be there when he comes out. He allowed me to hand the money off to my wife. He didn't like the way I said that in front of the neighborhood and threatened to put me in jail for no cause. I couldn't afford a lawyer, but they held my car for 3 days. It was expensive and a pain in the ass. After a confrontation like that with cops, move to a new city, otherwise you'll get pulled over a couple of times a week.
Great info. 1) So what do you do if you ask "am I free to go" and the officer refuses to answer?? 2) What evidence do you have that you refused search or said anything to uphold your rights? I'm not sure if every police car carries a recorder.
They can always say it but if you continue to deny everything and still refuse all searches, it will make it more difficult for them if they don't actually smell it. This happened to me when I got stopped at a seatbelt checkpoint. I got pulled out, screamed at, threatened, breathalized, and then they said they smelled pot and were calling the dogs. I told them I had no pot and I still don't consent to searches and asked for a suprivisor. I was on my way 5 minutes later with a seatbelt ticket
I always say no , no matter what the situation might be. Some keep trying by asking stupid questions meant to manipulate into tricking you in to saying yes. Just keep saying no.. I've said no and the cop moves on. I've had them move on and then as they say I can go they throw in a smart ass comment about not letting them search my car. I do respect the fact none of the cops did anything shady forcing a search
Thank you for the video. You've covered what to do after you refuse for the most part, but let us say they go ahead anyways and they find nothing. Do they just get away with that? Or are we supposed to follow through by filing against them for violating our right? I've always wondered that because I imagine that once they find nothing you are free to go and they leave, but hey! Why about my rights?! You just held me against my will for x hours, preventing me from getting to where I was going, made me late for work, etc., and just because you couldn't take no for an answer?
What if i told them no they searched anyway they found my rifle in my truck that i can legally have then what do i do if they still trying get me on a charge?
I assumed this would one of those "how to be a jerk and piss off the police" video's of which there are plenty. but actually I was impressed by your advice and feel it was well intended for the right reasons. If everyone behaved in a calm manner and followed this advice I think it would even make the Police's lives easier.
This happened to me when I was driving through a bad neighborhood several years ago, they stopped me, told me it was because of the area I was in. I agreed to let them search, and they destroyed my truck, completely trashed it, and let me go because I obviously didn't have anything.
If someone would answer my question, it would mean a lot to me. I live in a military owned housing area. I live outside of an Army base, but the base and the military housing are not connected. The housing area has a gate with a handful of MPs getting people in and out. I asked me step-dad, who is in the military, if they can legally search you without your consent. He said yes. The reason I'm asking this is because I live in a military housing area, owned by the Army. I factored that in when I asked my step-dad and he said that since we live in Army-owned housing, they can search people coming in without their consent. Is this true?
Do you have any comments or advise on state troopers using aggressive driving (i.e. Running up on you from behind, tailgating, driving in blind spot, using bright light while tailgating at night) as a means to force a driving mistake (I.e. crossing fog line, improper lane change, improper use of turn signal, failure to maintain lane of travel, etc.) then pulling people over for suspicion of DUI. Any advise?
hey man great vid, i would like to ask you a question, what about if when i say no, because they dont have a warrant or anything they tell me to get out of the car? i mean not long ago i bought a car and my license plate was about to expi... so they girl asked me if i had any gun or anything and to get out of the car, i mean is that legal? or could i have just say no???? also i wanted to ask you about the radar detector, here in Florida is legal. but do i have to take it off when they stop me??
I can't stress how important it is to be nice, upbeat and respectful of the badge while you exercise your rights. I was arrested for finding a sac of weedon a playground near kids and took it. I went directly to the first officer I saw and promptly handed it to him while explaining how I got it. I was instantly arrested for possession, which pissed me off to a high degree. Eventually the case was quashed before I went to court, something about The judge saying, "What's a citizen supposed to do?" However it was pointed out that that it was my general looks, attitude and demeanor that sent everything off to left field. Calm, nice and respectful often nullifies a cops defense mechanism I suppose.
What happens if the cases get dropped but they won’t give you your car back going over a month now. For no clear reason for a hold. And no documentation backing them up?
Happened to me. Cop made me tell him a half dozen times "I don't consent to searches." So they brought the drug dog out. I get put in cuffs and in the back of the cop car and they search my vehicle anyway saying the dog got a hit when he didn't bark. After they didn't find anything and had to let me go they asked me why I refused the search since Im not doing anything illegal. I told them "Just pretending I have rights."
So you just wanted to be a massive prick and waste police time?
@@davidclark2932 ruclips.net/video/UANRvFNc0hw/видео.html this is the reason.
@@davidclark2932 yeah blame the guy who was exercising his right. The cop has a procedure in place for non-consent, which was the dog. It's his job. Why on earth should the guy who was detained worry about the officer's precious time? If anything making him call the dog and wait may have prevented him from murdering another civilian
@@felixG83 So you think it a good idea and waste police time? How about going to a hospital and pretending to have an illness, you could waste loads of doctors and nurses time. Maybe other people could die whlle the medical staff are attending to you?
Thankfully most people prefer to help the world and try their best to do that. Losers like yourself prefer to be as unhelpful as possible.
@@davidclark2932 If the police choose to stop someone they accept the possibility it could be a lengthy stop. I'm under no obligation to make the officer's job easier by subordinating my rights.
Allowing any officer to search me or my vehicle just to "save valuable resources and time" puts me at risk an gives an officer a chance to claim he found god knows what.
Say the officer decides to charge me? Then we are taking valuable resources and time from the local county court systems, part of county resources that are already stretched thin.
The police are paid to do a job. If they choose to stop me, absent committing an actual crime, they have procedures to follow depending on how the interaction goes. It's all part of police work.
I'm under no obligation to save anyone any time or money when there's a possibility my freedom could be taken from me.
When refusing consent and requiring a warrant, cops will often charge you with a ridiculous crime. They know you'll be able to get out of it easily, but they also know it will cost you money in the form of a lawyer and just want to make you pay for not succumbing to their tyranny.
I've experienced this first hand numerous times.
+Dan L some people think that but they put their names under the accusation...you find their adress....
Justice must prevail
Michael Adsetts You can't sue for court costs in a criminal case, that's only in civil cases...stop watching so much Judge Judy LOL
+Dan L Ah yes. You have been charged with a ridiculous crime numerous times. Why? Because the cops just like to make shit up cuz they no that nobody is really doing anything.. Yes it makes total sense.
jordanjcm jordan I have been charged for a nonsense charge after refusing a cop the right to search my home. I got out of it easily but the fact that I had to spend money and get an attorney for it is wrong. They know it's going to ruin my day having to pay money to an attorney so that's their way of fucking with you when you don't let them fuck with you. It's more of a "respect my authority" intimidation technique.
+Dan L Were you caught doing something you weren't supposed to do (like speeding or changing lanes without signaling), or were you innocently chewing gum and they just came up and harassed you?
I have pre-paid legal insurance. Now if a cop stops me I just call the emergency number and get an attorney on the phone. Then the cop gets to deal with the lawyer. I've had to do it a few times already. It's amazing how fast the cops back off once they realize you're not vulnerable and weak and instead you can throw a lawyer at them.
I should have said' "vulnerable". Thanks. I fixed it.
Joe Vignolo send me how to get it.
thanks
Just google "Legal Shield" and that should get you to the website and a local representative who can sign you up.
the cops wont talk to ANYONE on the side of the road. so that lawyer b.s. wont do a damn thing 4 ya
Joe Vignolo the sad thing is, most African Americans are gonna need these due to profiling and violation of Rights
if a cop even has to ask if he can search your car that's proof to me right there he does not have probable cause.
correct without probable cause they wouldn't need your consent
+Collin H I agree
That's not entirely correct. Even if he has probable cause he may still ask for your consent to search, Why?
Because what the cop considers to be probable cause may not be to the judge. By getting your consent to search he can avoid the entire probable cause debacle.
@@johnstack5008 everything with police is a game to incriminate yourself and make their case for them. Cops may enjoy murdering civilians but they don't enjoy lengthy paperwork
i had a police officer he walked up to the passenger side of my vehicle and i rolled the window down to see what was up. H said, " Oh no i want you to open it up and he opened my passenger door and immediately opened my glove department so he is beginning a search i never authorized! :(
Great video. I had a situation where I got pulled over for a taillight and the officer claimed he "smelled marijuana smoke" and wanted to search my car. I calmly said "I don't consent" and then the officer started saying he was going to call a drug-sniffing dog and "it's better to be honest with me now because if the dog finds it you'll go to jail." I stuck to my story saying I don't have any marijuana and I'll be happy to wait for the dog if necessary. The officer let me go!
Do not be happy to wait for the dog. Ask if you are free to leave. Then leave.
@@videosofinterest9227 Exactly. I'm on the road not because I want to wait for dogs to show up, but because I have somewhere to go. I want to go there, not be held up for no reason
Be sure to follow the Pot-Brothers-At-Law and their 25-word script on social media!
@@videosofinterest9227 Exactly! As stated in Flex your rights rule#5 "Determine if you're free to go!"
I would also ask for my lawyer as well
This video and many like it across youtube are the most important videos on the web. If more Americans were as concerned with learning and maintaining their rights, their rights wouldn't be slipping away as they are. Great video, thanks!
Here, Here!!!
And make sure the camera is recording everything.
100% EVERYONE should have a 2 way video camera with sound!!!
Is it illegal to record them without consent???
The sad thing is that isn't being addressed. We as citizens shouldn't have to put up with this shit at all. We shouldn't have to be 100% knowledgeable of our rights. The cops were hired and are there to protect our rights not to take them away. Its awesome we get pointers on what to do but we really should be working to change the system so we don't have to be in fear of being searched illegally or have to answer questions when we're not suspected of anything.
I agree expect is more about protecting the laws of the state as opposed to the constution.
The constution is there to protect criminals from the cops
Daniel Vincent Kelley
"" You don't acquire rights by irresponsibility. You lose your rights if you're irresponsible""
If a right can be revoked because you are acting irresponsibly.. then is it really a right.. or is it a privilege.
Of course the problem is people dont use there rights responsibly..
Like refusing a search -- all criminals would refuse a search if they knew the cops would back off and not search them.
If they knew you could say the magic words "" I dont consent to searches"" and the cops cant do anything.. people will get away with crime.
But luckly that flex your rights crap dosent work in real life.
Daniel Vincent Kelley""And by this, by people sharing their knowledge, by people swelling the ranks of people who know and demand their rights"
In reailty the only people who flex there rights are drug addict or potheads.. who are trying to get out of possession charges.
badpanda84 The only people who flex their rights are REAL AMERICANS and freedom lovers.
NocturnalLunacy theyre lazy. Instead of patrolling like real cops you got a bunch tall overweight guys searching peoples bag which they dont undertand as profiling. 4th amendment protect us. Ppl hate them cuz the rookies catches petty crimes
"Officer, I do not believe you have probable cause to search my vehicle. If you do so, you do so over my objection."
Write that down, remember it!
Translation: Ball's in your court sir. If you feel you have probable cause, go for it. If you don't, you can't. And I'm not being a jerk, I'm just objecting to being treated like a criminal.
Great vid bro.
GREAT Slim... A good piece of information for one's arsenal! You know it is sad, but the entire time I was watching this video I was thinking "but what about the citizens dash cam video?" But not everyone has that. I think it is well worth the $150 bucks they cost but I also know not everyone has $150 extra, I know I don't. If/when I win the Lottery I will buy a lot of Dashcams for a lot people!!! Sad we have to protect ourselves from those SWORN to PROECT us!!!
Richard Keyes You do realize that what slim suggest you say is actually consenting to a search.
badpanda84 absolutely
badpanda84 How is it consenting to a search to say "if you search me then you do so over my objection"? Hes literally saying he objects to a search.
Better way is to say "before I give you consent to search my car can I ask why you want to search it?" I've done this before and it worked. Key is never argue with a cop on the side of the road. Do your arguing in court.
1. you refuse the search
2. you are tased multiple times, until the taser runs out of battery, or until your thrashing rips the barbs out of your flesh. This thrashing is called "resisting arrest"
3. if you are then unable to speak, you are beaten until you are unconscious. This is called "impeding an investigation"
4. All of your friends, family, and nearby persons' recording devices are confiscated for "the good of society" This is called "collecting evidence"
5. the NSA immediately connects live to all of your wireless devices and home PC
6. all of your friends are placed on suspicion for "terrorism" This word doesn't mean what you think it means. It means "disagree with government"
7. Your home is raided a few times because of "an anonymous tip" before the trial, just in case they didn't find all the recording devices. Your computer, file cabinets, and any paperwork with which you could use to defend yourself will be confiscated as property of the state, whether it was on the warrant or not. Don't worry. If there was no warrant, one will be generated later.
This may sound like a bunch of BS but this is how the police conduct them shelves. Well said.
0-100?
😢😢fuck the system
Just ask all the dog breeders that have had the above happen.
And we holla thug life and bust a cap on ya ass
Summarization:
"I do not consent to being searched."
"Do you have probably cause for keeping me here?" (optional)
"Am I free to leave?"
Just saying these three things will help create a stronger legal argument in your favor if ever you end up in court as a result of this situation.
"I'd rather not answer questions."
"I'd like to leave/get on with my business."
"Officer, is there a problem?"
Heiliger Fakewooder
None of those statements effectively assert your rights. You wouldn't "like to leave", you want to know if you are being detained. You wouldn't "rather" they don't search you, you DON'T CONSENT.
devilmonkey471 'I'd rather not answer questions' will work just fine, even if 'I'd rather you don't search me' won't. Nobody can force you to answer a question, unless they waterboard you or put a service weapon to your head. The point is to establish, in case things end up in court, that you deliberately declined to answer questions, rather than just refused to co-operate. This should not be taken as legal advice, but I'm pretty sure that the line as written will establish that you invoked your Fifth Amendment rights.
I'm not sure about 'I'd rather you don't search me.' But it never hurts to be polite. If that doesn't get the message across, you can always try something stronger. Again, check with your legal counsel, but I'd be very surprised if 'I'd rather you don't' is insufficient to suppress any evidence a subsequent search might turn up.
'I'd like to leave' puts the ball in the officer's court to come up with a reason why you can't. It also establishes that the encounter is now continuing without your consent, in other words, that you ARE being detained. Again, this is very significant if things end up in court. Just asking 'Am I being detained?' often results in not getting a straight answer, and it's much less effective at establishing your intentions in court. (maybe you just wanted to know if you should call your lawyer)
If the reply is 'You can't leave', the follow-up is 'So I'm being detained, I'd like to speak to a lawyer'.
@@malachi405 According to a video that I recently saw, you have to INVOKE your rights. "I invoke my right to remain silent" "I invoke my right to counsel" "I do not consent to searches".
These cases have ended up in the Supreme Court, and there will probably be more, in the future.
If you want to go all the way, you can mention the specific amendment that you're referring to. Sometimes people really do that, like in high-profile Testimony before Congress.
"I invoke my right, as per the Fifth Amendment to the Constitution, not to incriminate myself."
"I invoke my right, as per the Fourth Amendment to the Constitution, not to be subjected to Searches or Seizures, in the absence of a warrant."
In general, the Framers thought that the Constitution doesn't grant people rights. The rights enumerated are natural rights that every free person has, and cannot be granted or taken away. So you have those rights whether you formally invoke them, or not, as long as you don't give them away.
'I'd rather not be searched' makes clear that you didn't agree to the search.
Key phrase, "Calmly assert." in order to de-escalate the situation it's important to remain calm and in control. The absolute worst thing you can do (besides consent) is to loose your temper. Once that happens, you've lost whatever control you had.
Thanks for posting the video. FlexYourRights advise saved me a lot of hassle simply by following this simple advise.
I refused a search in ohio, the cop searched anyway and found a little bit of weed, harassed me for 20 minutes, then asked if I was willing to go to jail for a couple joints, I said yes... they then told me to go home, LOL
Its cos you white bruh
BULLSHIT!
It's because they legally couldn't use that weed as evidence. It was an illegal search since they searched without probable cause (presumably), a warrant, or consent, and the weed would have to be removed from the evidence if your attorney had enough sense to so demand.
@@snbeast9545 Or it was because it was a "little bit of weed". Innocent people do not have an attorney.
They went somewhere and smoked them joints themselves.
As a police officer, I saw this video and was like "oh god, another internet attorney"... But you know your stuff. Good on you for sharing your knowledge with everyone. We all have our constitutional rights and the glory of exercising them. I actually appreciate when someone flexes their rights!
What they did to me, after I told them that they couldn't search my vehicle, was they said that they "smelled something"(I literally had nothing that could get me in any trouble). Then they brought the k9 unit made him circle my car once, nothing happened, then one of the cops escorted me a little further away as the k9 guy gave the dog an order to bark by softly kicking the dog and the dog barked. Just seconds later they opened all the doors popped the trunk open and turned my car inside out. They searched for like 45 minutes to find nothing.
By the way I was pulled over for having an expired tag that was expired by like a few days.
+Gene Berrocal Same thing happened to my mother.
Fire Breather That sucks man. I was super pissed but I just brushed off my shoulders. If that were to happen to my mother I would be all up in court fighting this shit til those fuckers give in.
Gene Berrocal Yeah, I was in the car when it happened. The officer threatened to put me in child care when my mom was using her 5th amendment. Then he called back-up when she started yelling at him for putting me in tears.
Jackasss.
Thank god they didn't bring their own evidence . Did you see the badge cam video of the Baltimore cop who didn't know the cameras record another 15 seconds after they are turned off ? He brought his own dime bag of coke for "evidence".
As he said in the video, this might happen. Or it might not. You lose nothing by not consenting to a search, they would have searched you car anyway.
my experience is that they arrest you anyways, then lie about how it went down. So, if you don't have video running, you're fucked.
+elvis316 Even then you can be prosecuted under wiretapping laws.
***** Sure, but we're kidding ourselves if we think we live under rule of law. Rulings don't mean a prosecutor can't ruin your life.
Nope, just once really.
Lawyer told me to Buy a spy pen on Ebay and keep it cliped on a pocket. Got stoped by a ass hole punk cop, He did the I can smell lie,, Tore my truck apart,,found nothing but still went to jail. The cop looked like a fool when it was played in court. Busted him in so many lies the city fired his ass after they had to settle 3 law suits just on him for Spy pen videos. Best 27.00 bucks I ever spent !!
I do not care who you beleve "Michael Lawson",, Me and 2 others used the same lawyer,, The City lost all 3 suits !!! buy you 1 or more Spy Pens,, www.ebay.com/itm/16GB-Spy-Rec-Pen-Camera-Hidden-DVR-Surveillance-Video-Cam-Camcorder-USB-SILVER-/221699233222?hash=item339e4dd5c6:g:NaEAAOSweW5U7Azg PS, I got money in my pocket not you troll !
Listening to this makes me think back to Belfast in the 70,80,90, your living in a police state!
Thank you thank you just 15 minutes ago I was pulled over for speeding after a long wait I was asked to step out of the vehicle where the officer informed me that he would like to search my vehicle that I was physically nervous so I should be honest and tell him where the stuff is I politely refused he told me a canine was coming I said good I like German shepherds unless you're detaining me I would like to leave he told me to get in the car don't let him see me again
Excellent !
Thank you, I've been hearing a little bit about this and have had my concerns. I know that standing for my rights will be a little tricky but I think is better than just letting them run over me. as they are often in the habit of doing
if they call in a dog and the dog "indicates" , be sure to ask exactly what the indicator is. They should verbally tell you what they witness so you can witness the same thing . If they won't tell you be suspicious.
Remember that all replies from the popo at the time are lies. They are never obliged to answer any of your questions.
Thanks for that info! Idk how it happened, but I wound up with a "regular" lawyer on the state's dime, who had my case dismissed inside of ten minutes. Literally. That after three months of going back and forth to court and being told by my PD to take jail time and pay a big fine. I didn't do a damn thing. No way I was going to do that. It all worked out, but now I have an even bigger distaste for police. But thanks again! :)
What if you ask if you are being detained/or are free to go and the officer just doesn't answer your question...or, as has happened to me, says "You aren't being detained, but you can't leave because I'm asking you questions."
If the officer says you cannot leave but you are not under arrest or being detained, he is illegally holding you and you can remind the officer that they cannot hold you without reasonable suspicion and that you are free to walk away (Don't just walk away, cops don't like that). If they do not answer when you ask if you're being detained, ask why you are being detained. Assume you are being detained and push for a reason.
One time I was in a similar situation, where I got stopped and the cop wouldn't tell me what I did wrong. I said, straight up, "Officer, I don't have time to play games. I'm going to ask you again what I did and if I'm being detained or not. If you don't answer, I will assume I am free to go. It's a very simple question. Do you suspect any wrongdoing on my part, and specifically what?"
It worked, cop got pissed off and left. Well, it's true, I don't have time to play stupid games with immature cops. I still wouldn't have left if he didn't answer though, otherwise the prick cop would've slapped me with resisting detainment. Asshole tried to grill me on why I had a loaded and licensed gun in my car though. That was fun. "You have my permit in your hand, you just ran the registration. You know the gun is legal. I don't care about your opinion on guns. You're a cop, do your job and stop harassing me about my legal firearm."
This was a "special" cop. You know, those pricks with a superiority complex and anger issues who never takes his hand off his holster.
So basically tell them, "I understand you are just doing your job but I do not consent to any searches." Then let them respond, which they will, and then say "Officer, are you detaining me, or am I free to go?"
So if they are detaining you, what then? Do you refuse to answer questions and state so? What about strictly not answering questions? I've heard that you can say, "I refuse to answer questions or I don't answer questions."
I'd like to know more about this.
take the 5th. you have the right to NOT be compelled to speak against yourself
Chris Jackson
Actually, the 5th Amendment protects you from having to testify against yourself in court among other things. It has no bearing on an encounter with the police out on the street.
The 1st Amendment articulates the right to free speech and expression among other things. Various court rulings, including rulings by the Supreme Court, have shown that the freedom to speak *includes* the freedom not to speak.
Alex Blaze
Technically, you testify in a court of law. You don't testify while out in the streets.
But whether you interpret it as the 1st or 5th, you don't have to say a single word to the police or anyone else.
Alex Blaze
Agreed. Whether it is a 1st or 5th Amendment issue, the answer is the same.
Give them absolutely no information and don't agree to a search of any kind. It's amazing how many people actually talk themselves into a ticket or an arrest.
Rayven10 The language of the 5th amendment is that no person can be compelled to be a witness against himself. Doesn't say anything about "testimony" or court. The right to remain silent (including not talking to the police), while unfortunately and incorrectly attenuated by recent Supreme Court decisions*, still exists.
*(Hiibel v. Nevada [2004]; Salinas v. Texas [2013]) (Both wrongly decided, but what can ya do?)
As a Police Officer what he is saying is accurate. The biggest part is being POLITE!!! Exercising your rights is fine. If a Police Officer has a hint that there may be something there they can ask to search. Just as you can refuse. If the have PC then you will end up getting searched. If they don't, you won't, unless you consent. But be polite about it. Also know the local law about when you are required to present ID ( or give your name) and when you aren't. Way too many incidents on youtube show a person getting arrested when they were required to present ID and they refused.
+abnmp7865 Politeness goes a long way. I was told long ago by an officer that more people talk themselves INTO a ticket than out of one.
Most cops that I know have told me to NEVER consent to a search.
A buddy of mine seen the police harassing another young guy, just being bully assholes. So he yelled from across the street to leave him alone, the cops ran across the road and started to kick my buddy's ass. The one cop broke his finger from punching him in the head and charged him with assaulting and officer.
Chrissy Wheeler god your poor friend what a crock of shit although I'm sure he never opened his mouth again
What you guys and girls don't understand is its not about being mean or not helping cops when they are just doing their job. It's about exercising yours rights because thats what they are there for. You say why not let the officer search you when you have nothing to hide which is fine. But remember when you give up your rights or don't know your rights it won't take long before they are taken away. Exercise yours rights because you have them, that way you're not taken advantage of, that way you don't have to worry about planted evidence. Or just crap cops use to get money cause thats what their goal is. Not to tell you you were speeding when you were following the conditions of the road but to soak up more money. #UseItOrLoseIt
?? assuming the cops are corrupt enough to plant evidence.. I don't think they give a shit about whether you consent or not.. Not cops has ever said ( or though) This guy is being a douche.. I want to plant evidence on him.. but he refused to consent to a search. The cops if they are corrupt are more likely to plant evidence on your if they think you are disrespcting them.. And cops often interoperate refusing a search as being a smart ass
Beside the cops dont even need to plant evidence.. simply said '"I smell weed"" is enough probable cause
I disagree with this. you are intimating that because it is my right I therefore should use it. What if I exercise this right knowing that (1) I have nothing to hide and dont care at all if they search my car and in fact I kind of like it because I like to see their dissapointment when they find absolutely nothing and (2) by exercising said right it just creates more a hassle for me, a pissing match/argument with a cop where during the length of time it takes for me to win that argument he couldve been done and I could have been on my way with nothing more than a "have a nice day, officer" .
The point is, for me: If I need to use my right , I can choose to use it. I dont HAVE to use everytime just because it exists. If I dont use it today doesnt mean I cant use it tomorrow when I feel it is neccessary to exercise it
uannoyme74 Of course if you obey the law there really isnt much need to excersie the 4th amendment if you have nothing to hide
Also do record yourself ANYTIME you have an interaction with a cop, in any of these situations he talks about
"Do you have cause to detain me, or am I free to go?"
Asking it that way puts the burden on the cop to articulate cause.
Thank you for the response and the information. Yes the video was informative and instructive and I did understand the details contained within it. To make my question a little clearer: suppose that a legitimate traffic stop has already been made, e.g. burned out head light or tail light or the ubiquitous "driving erratically". Suppose this is the first pretext to justify the stop, as they may have previously profiled you and want to go on a "fishing expedition" for contraband in your car.
Thanks for sharing and caring for Americans rights!
Personal experience has showed me that if you refuse a search,you get the ticket for whatever bullshit reason they pulled you over for.
Better get the ticket than getting shit planted on you.
Here if you refuse a search they call over a drug dog. Then they make them jump all over your car, and scratch it up. Next they give them the command to sit. Then they tell you that's how they mark that they have smelled something. Even when I tell them my shepherds are trained in the same language, and I clearly just heard him give the dog the command, they still tear my car apart. I don't even smoke cigarettes, or take OTCs so I have definitely never had any drugs in my car.
Invest in a camera. The RUclips Adsense money will pay for the damages haha
Alexa Harvell lmfao my shepherd too.... So dumb!!!
most police won't waste their time waiting possible hours for a k9 unit to show up and they'll move on...
The Supreme Court ruled that the police cannot detain you for longer than 10 minutes to wait for a drug dog. The Rodriguez case. Remember it!
@@jamesreese1999 - Supreme Court also ruled that evidence derived from a drug dog initiated search alone is not admissable - because the OP is correct. A dog's "signal" is wide open to interpretation mainly, but also the potential that gives for abuse.
I hate dogs personally, and I know from personal experience how to get a dog going nuts without a single word; plus, if their standard is still German for training, that'll sink a canine unit easily enough. If not, I'm sure canine trainers aren't silent about their craft...
The whole idea though, deference to a canine, is utter insanity. "I am an intelligent human being, here after 200,000 years of evolution as the globe's Apex predator, of magnitude beyond the intelligence of any other species for at least 40,000yrs and I can't substantiate a legal search, ...but, just to be sure, let me call for an animal based on a non-Apex species of sub-human intelligence, that we further broke genetically to be servile over several thousands of years, that was then born into this world, further broken and made utterly dependent on my officer buddy, and we'll see what this walking piss and shit factory of a species can point out that I'm missing cause you are guilty sir! And you'll be sorry when the dog gets here...and you have to watch...as it defecates......and... Christ...consumes it's own excrement....."
*gags as if to vomit
"... Ugghhh...but then....signals, with a clueless look backwards that you are goddamn guilty!! Admit it now! Do it! Do it now!!!"
*Handgun drawn to your head; officer sweating bullets...
"I swear I'll fucking kill you!!! You make me sick!"
See, I just don't understand the average cop - why a gun to the head and speaking of guilt...? It's just so unprofessional...(?)
what about if the cops illegally search your car on fake probable cause of the smell of marijuana, but they don't find marijuana, but they do find 50k in cash and arrest you anyway.
sullenday happens all the time with even less amounts of money. That isn't enough evidence to lock you up
rare pepe but they can take 50k and the burden of proof is on you to prove it's clean money.
Well in that event you'll be charged with tax evasion,if you can't legally declare or prove with proof of employment that you earned the money.You can not walk around or leave the country with more then 10,000 dollars.
you can leave, you just have to declare it. You can also walk around with more than $10,000. Who would want to though...
not sure, but i believe if there was no probable cause to begin with, any evidence obtained during the stop from then on was unconstitutionally obtained and the case should be thrown out
Very well done, and something everyone should see. I've had a cop ask if they could search my car once. I just said "No thank you, I'd rather you didn't"
Sure enough, they let me go without a search. Like he said, it won't work every time, but worst case is, you still get searched, so it's worth a shot!
I was just pulled over tonight for speeding. The officer had me kill the engine and get out of the car. After he ran my license, he asked me if he could search my car. All I said was "no" and he let me go with a ticket.
I would add that it is very helpful to learn what is and is not considered probable cause. Some times local police departments will even have little niche things that they use as probable cause when they actually would not hold up in court.
Once you have an understanding of that, you can explain that the reason that you are not consenting to a search is because of lack of any probable cause and that you have places to go and things to do and being detained after it's clear that no law was violated or there is no cause for search is costing you time and possibly money (not to mention your g,d, freedom)
This has been effective for me in many cases as I used to run around with a mohawk, leather jacket and combat boots, driving in a old beater. ...and be polite! That's a big one! I had to learn the hard way.
It's still not perfect, though. Once, I got the response "my probable cause is that I randomly pull people over on this roadway and run their license plate and driver license" When I told him "that is not probable cause" he handed me a "no proof of insurance" ticket and said "tell it to the judge!"
Chris Turnblom Never make a statement. Ask the cop if he has probable cause. If he says yes then ask what that probable cause is. If you end up in court, the cops testimony can win you the case if he lied. If he asks you questions you say "Are you trying to get me to incriminate myself?" Then be silent.
*****
You also need to also take into consideration practicality. Do you really want to spend the time to go to court even if you will win"
When I was younger I felt differently but now my main mode of thinking is "How can I get out of this situation as quick as possible without my rights being violated?" but if my right get violated, being on my way is usually my main goal.
Most cops have an authoritarian complex so asserting you rights is always a tricky proposition. Also, sometimes you get to court and the judge really could care less about the facts or your rights. He just wants you to give the state money and get out of "his" courtroom.
I'm sure that when I retire I'll be back into protesting and trying to hold cops accountable and such but right now it's not the number one thing on my list. I figure there are less time consuming and more effective ways to fight corruption at this stage in my life, other than trying to make every violation of my rights an ACLU test case.
But if you've got the time... go for it, I say.
followup: I guess I am kinda on the fence about this, you're right about admissibility after refusal to search. My buddy tried the whole "I don't consent to any searches" thing and failed miserably, had his truck searched, and they found a small bag of weed and one xanax bar. But his rookie public defender did successfully win a suppression hearing, which forced the DA to drop the charges. The judge even mentioned in his written ruling that the key was when he asked "Am I free to go?".
He should consider himself lucky the cops fucked up.
False arrest = a new car for me to drive. Thank you corrupt cops.
Very level and informative. Great job on this PSA. The key as usual, is to be innocent in the first place. However, and if that isn't quite the case, then your advice of legal Jujitsu is very noteworthy.
And yes, politeness at all times. Definitely do not have a bad attitude with the officer or officers.
I refused a search recently, and the officers were really nice about it. I had been advised not to allow searches by a Lawyer who was a youth leader in the church I went to growing up. I explained what I had been told to the officers, and was of course very pleasant with them, and they just said OK. Then me being me, I asked them if it was really Ok, I felt bad telling them no, they laughed and told me it was my right. Then we stood and talked for a minute, they didn't give me a ticket and all in all it was actually a pleasant experience. Never thought I would say getting pulled was a pleasant experience, but it was.
+Chapman Bragg Hester (Chap) you got very lucky beware it might not be so pleasant next time.
the scary thing about a search is that, cops can put stuff in your car and then say its yours, as someone who never use drugs, never ever have them, its scary
Annika Geshe they do to take you into custody and make you confess but don’t charge you with it because cops are legally are allowed to that but just go to court but pretty sure the cops will let you leave in about an hour or so
Their problem is that the drugs baggy won't have your fingerprints on it since you have never seen it before, and never, never, never take it from them if they attempt to hand it to you. Ask for a fingerprint check if they try to charge you with it, and never physically handle it for any reason. The only prints will be cops and their possession case just went out the window.
@@williamadams4044 your stupid lol
Refusing may not work, but you're covering your ass legally for your court appearance. It also doesn't hurt to have a witness or a video
My brothers were cops, and they told me all the bullshit ways cops can dream up "PC stops." If your a/c vents are closed, if your a/c vents are open....they showed me two full pages, front and back of the most ridiculous, absurd, and obtuse excuses they were allowed to use to violate peoples "rights."
MusketeerinFlorida That's crazy bro
great video. absolutely 100% correct information. i feel like people forget that the encounter with the police officer is only half of the battle.
Other then a front and rear window dash camera for vehicles,what type of camera is good to have for the car to record things, especially when you are dealing with cops? Perhaps a camera that is attachable to the car ceiling.
The only thing about asserting your rights to a cop, is that from there on, they're gonna throw the book at you. So you better hope that you aren't breaking any other laws.
Remember that when a cop talks to you that he is getting you to tell on yourself and every thing you do is helping his case against you, The thing to do is not be involved in illegal activities to begin with and don't give the cops a reason to mess with you
smoke weed everyday.
I would also turn on the video on my cell phone to record everything from my dash. If the cops asks, nothing to hide...filming is not illegal and records everything said. Extra protection and evidence even though we all know cops never lie !
A cop showed up at my door asking to come in and check on my dogs (delivery man thought I might be a hoarder due to lots of barking). My dogs are in excellent shape and well-cared for, but I wasn't offended. I was glad people cared enough to check. I still refused, and the cop asked why. I just told him I don't allow searches. He was very friendly and professional, and thanked me and went about his day. This is how police action should be.
How can you prove that you said no to a search if they go ahead and search you anyway?
*****
In most states, they can order you out of the car. This is something you cannot legally refuse. If you do, you risk arrest for that alone.
Everything else is correct.
video-yours or thiers
Rayven10
in New Zealand you never have to get out of your vehicle unless required to"accompany for alcohol testing procedures"(thats not arrested)or if you are arrested.If you do get out of the car-take the keys and lock the vehicle.
jadekayak01
Then you are lucky. In the US, we have to get of the vehicle if ordered, regardless of whether or not there is a reason for the stop.
The law is there supposedly to protect cops from people grabbing weapons and to stop people from destroying evidence.
jadekayak01 True but New Zealand dosent have the 2nd amendment were anyone can pull a gun.
Traffic stop in the US are much more riskier in the US - so cop have to make sure people get out of the car were they can see there hands clearly at all times.
103 Cops Disliked this haha.
Just stay calm and polite. Know your rights, but also know the officer's rights. Learn a little bit about their job. You shouldn't go to a doctor without some understanding of what s/he does, why wouldn't you educate yourself about what police officers are required by law to do? The biggest reason for trouble between police and civilians is an imbalance of knowledge, and knowledge is power. Unless you are an expert on the Constitution (especially the Charter), extremely well versed in police practice/regulations, and well read as to case law at all levels of the judicial system, you can't know everything...but neither can an officer. If you have at least a basic knowledge of what they are trying to accomplish on a daily basis, and their legal abilities in pursuit of that, then you can protect yourself. The biggest tools you have are: be confident but not arrogant, respectful but not subservient, and knowledgeable but not know-it-all. Police officers are people just like you: if someone is a dick, your back stiffens up and you want to get in their face any way you can. They just happen to have a gun, taser, batons, handcuffs, and lots of backup. Be smart. Being right isn't always worth a day or night in handcuffs down at the local constabulary.
What do I do if they bring in the K9 and it scratches up my car?? What can I do? How do I get them to pay for the repairs???
I think that you are a really good guy for taking the time to make this video, police do indeed violate people's rights all over the world. In Australia it is quite common. More people need to understand that the harassment is NOT ok, and if the tables were turned, I am positive just about every officer would feel offended and say no.
What happens after you refuse a police search?
You will be assaulted and arrested.
LOL, dude your eyes!?!? It looks like your either high on green or just woke up. Its a lil' creepy dude.
Looks like he is reading from a cue card.
i do understand though... its just really sad that we hafta take huge steps to protect ourselves like this because alotta our police officers have this nazi gestapo mentality
I like how James Yeager, who was a cop himself put it. any good cop with PC will not ask. they will just tell you they are searching the car because they had PC to do so
When that happens to me I always say, I do not consent to any searches,then I say I will not answer any questions that do not pertain to the reason to the stop, and then ask if I am free to go
now make a video for black people. lmaoo
+Nora Moss pointless the key here is to BE POLITE
+R Kurtz sure
+Nora Moss List a couple examples of racist cops.
+something lmaoooo.. you're deflecting.. and i didn't say anything any racists cops, you did. Try being black and refusing a search in nyc.
+something funny how you went directly to race. I've had issues with black cops wanting to search me for no reason too.
OK maybe this is dumb but why would you want to refuse a search if you dont have anything to hide? I mean if you turn up having nothing and you've been cooperative, it seems like that would only help your case for innocence.
they feel your nuts. i even like both men and women but i wouldn't want some stranger (who usually isn't attractive) to feel my nuts in this context
Dear radseven89
So, let us say that you are "innocent" as far as you know. HOWEVER, unbeknownst to you, a terrible crime occurred not far from where you were stopped and the police are looking for whoever did it. They have evidence that conclusively links that other person to the crime and YOU HAVE IT ALSO. If they find that YOU have that evidence, which seems INNOCENT TO YOU, you are going to be arrested immediately until they sort it out. Do you want to go to jail, even for a night (and it will most likely take FAR LONGER THAN THAT). Keep it simple and just say "I do not consent to searches".
Bryan Lightningrod Another reason to simply politely tell the Police Officer, "Sir, I do not consent to searches".
radseven89 Innocent until proven guilty. That's how laws work in America.
This comment is like a bug zapper for people who hate the police.
If you have nothing to hide why not let them look? I did and nothing happened to me.
That is what the police hope everyone will think. It makes their jobs easier.
Exactly. To many people these days almost abuse their rights to do things. The point of our rights was too protect us from oppression not to commit crimes and keep from being caught. Unfortunately that's what it's becoming these days. I do agree people should know their rights but also understand what they are for. Had a friend of mine who was stopped by an officer and the kid had a bad past that he had since turned around. Regardless the officer was not ready to let that go and was demanding to search everything in his car and on him. Basically it give you the impression the officer was going to find any excuse to find something wrong or even possible plant something. So he refused the search, pissed off the cop but was on his way. So yes there are times to use your rights. But don't listen to these yahoos who believe we are losing a bunch of rights and the world is becoming "Nazi Germany". Any person who did a decent study in case law and our rights would understand we are actually gaining more rights day after day.
What if the previous owner left drugs in that car? If you refuse the search and they search anyway and find it, it cannot be used against you in court because they didnt have probable cause or a search warrant.
BF3VsBlackOpsII, that is so true, and it is why we should never forget that illustration.
You idiot. If you have nothing to hide it means you've done nothing wrong and is precisely why as a patriot, you have an obligation to uphold your rights.
Best advice I ever had: "Nothing you ever say to a law enforcement officer will ever be used to help you." This may sound silly but it applies to a traffic stop: "Is this your current address?"', "Where are you coming from?", "Where are you going to?", "Do you know why I stopped you?", "Do you know what the speed limit is?", "Why did you not stop when you saw me turn my lights on?"
Be polite, courteous and respectful, but train yourself to not reply to anything! Of course, it's unlikely that during a traffic stop you'll get away with only a "warning" and for sure you'll get a citation, but that's the price you have to be willing to pay.
That's my advice. Now, I hope I can do that and I hope you can too. Cheers.
Our used to be lieutenant in the city where I live used to do things the way he wanted to. Served him right when he got fired.
one of my biggest fears in this situation is refusing a search, pissing them off, and they bring a dog or use some BS reason to search your car and literally tear it up (leather interior rips from the dog or officers,compartments or hinges etc damaged etc.) and I feel there is no consequences for law enforcement from the damage.
There isn't, usually. But if they're taking video of the dog doing it's thing, and it shows the dog enthusiastically clawing and gnawing away at your ride's leather upholstery, encouraged to do so by its handler, that MIGHT be a bit tough to 'splain' on the Six O' Clock news, or to a Federal Judge.
Ria, you are the bomb! Thank you spewing some knowledge! I really admire that!
I'm a young hispanic that lives in South LA, by what the media says I should be in jail. But yet I'm not! Its been years since I've been stopped by the police. I was doing 85 in a 65, at night on the 110. I knew i could get stopped but being 19 I took the risk. CHP pulled me over and asked for my license. He asked if I knew how fast I was going, to which I said probably too fast :D (I was a smart ass then). During the entire stop I kept my windows rolled down and guess what, HE NEVER ASKED TO SEARCH MY CAR?!?! Here I am driving through South LA at night in a 300 SRT-8 and I still have never been even asked to step out of my car! Since then I really don't drive crazy and took the window tints off, I check my lights and make sure I pay my insurance and registration on time. Maybe if you guys did that you wouldn't be stopped in the first place, just a thought..... and all this flex your rights really doesn't do anything. You're just adding to the us versus them mentality. Fear mongering creates more fear, tension, and pre meditates negative incidents.
That is one of the reasons why it is so important to write "All Rights Retained" on your drivers license when you sign it. If your name is in all capitol letters on your drivers license, you must also write those same words. If they have you sign an electronic capture box that is then digitally arranged on to your physical license you can write it directly bellow your signature, just like it was a line that you are signing on.
To make a long story, we have problem neighbors all around us. Someone anonymously turned the guy in behind us for burning household garbage, plastic, whatever weekly. We had problems in the past, because he is a 75 year old 2 year old. So he assumes its me, marches right over in the middle of my yard in my face talking crap, and I basically told him to get back over there, and stay there. About a decade ago I had a greenhouse, and was growing Japanese maples, people gave me from there yards, when I was delivering pizza. Well, someone called the cops, they came, look in the greenhouse, and left. We put up a huge No Trespassing sign up yesterday facing his way. He saw it today and put up his own sign that says " Keep out pot smoking freaks & mangy cats" I then put a sign, under my sign, that says " Japanese Maples Genius" I'm sick of this crap. If the "Law" comes here again, which I doubt, they probably wouldn't even come out for someone just saying that I smoke pot, but if they did, and I refuse to let them in without a warrant, and they wont leave, or something, are they not trespassing at that point? What are the laws against cops on your property period? thanks
Yeah, I'm not worried about it. I"m just wondering what the legal time limit is for them to remain on my property, without it being considered trespass, or harassment. So far, I can't get a straight answer.
Adverse InReverse
police dont really trust now that america has gone more crazy, so some might still search you but if you said no, they would think your hiding something, if you have nothing to hide, then nothing to worry about
whittle4u
Courts have said that detainment time should not last more than 1 hour!
To refuse is a roll of the dice. If you are not wealthy, then you risk your car and your job. Sure you will probably win in the long run but can you afford the lawyer, towtruck car storage, seizure of your license, time away from work to deal with this. If you keep a clean car and no contraband, then let the cop do his search. and be polite. I have friends who live in the projects.
The american justice system is not about justice, It is about employment for judges, DAs, ADAs, law clerks, police officers and lawyers.
Was pulled over yesterday with 2 people in the car. The idiot in the back threw a can out of the window rite in front of a cop. 🤦♂️anyways he asked to search and I said "well I would really rather just be on my way sir." The 2 passengers got out to be searched, but the cop never bothered me again. Was very polite as usual, and we were all calm and cool. Was honestly the best traffic stop I've ever had by far.
That's a good point. Just a little clarification on wiretap laws, though. It is only illegal to secretly record private conversations. When police officers speak with the public in the course of their duties, those conversations are not private, so you can secretly record them without any worry. You have to consider any other conversations your recording device might pick up, though.
Good solid advice can't find a thing wrong with it. Great job.
I got pulled over by a cop one evening after dark. I was getting my drivers license out of my purse and sat there waiting. I looked back behind me out my drivers side window a couple times and wondered why he was taking so long. Just then, he started knocking on my passenger side window and tried to open the door, but it was locked, as always. I thought my heart was going to jump out of my chest! He said open the door. I said no. He said open the door. I said no. He said ma’am, open the door. I loudly said no! He loudly said ma’am, you need to open the door. I yelled no, I want to see some I.D.! He shined his flashlight at me for whatever reason, but complied with my request. He puts his badge up against the window. I said, Sir, that’s your badge, not your I.D. I need to see your I.D. with your picture on it. So, he fumbles around with his flashlight trying to get it out of his pocket, and puts it up against the glass. I said, How do I know that picture is you? Shine your flashlight on your face! By this time, I had forgotten what his face looked like on his I.D. So, I said, I need to see your I.D. again. By this point he was really perturbed at me. He asked me again to open the door. I said no, but I rolled the window down maybe only an inch or so. He said, Ok, ma’am. Stick your drivers license and proof of insurance through the window. I said no. But, I held my license and insurance card up so he could see them, but not close enough that he could snatch it through the window. He said just a minute. I’m going to my car, but I’ll be right back. Do NOT leave. While he’s in his car, I’m trying to figure out what on earth is going on! Why did he stop me, I wasn’t speeding, does he think I robbed a gas station? .... which I would never do. He comes back up to my passenger door again and asks Ma’am, do you know why I stopped you? I said, I wasn’t speeding, I didn’t rob a gas station because I don’t do stuff like that and besides, I have the money to pay for gas. He said Ma’am, your tag expired over a year ago. I said Wait, what? He said, Ma’am, why wouldn’t you open your door when I asked you to? I said, because, officer, there’s some maniac driving everywhere around here in a black car with lights like a police car pulling people over and beating them up and robbing them. Did it occur to you that I might be scared, that I’m his next victim? How do I know if he would’ve raped me? I’m an old lady, but there’s some really demented, sick people out here! Did you even THINK, that being a helpless woman that I might be scared out of my wits???!!!! With a sheepish tone, he said Ma’am, I’m sorry I frightened you. I didn’t even think about that. I said, Well you SHOULD!!!! Think about that when you pull over a helpless old woman! With a sympathetic smile, he said yes, ma’am, I will. Have a good evening, ma’am. I’m sorry to bother you, ma’am. Do you need me to escort you home, ma’am? I said, No, not this time, but if you give me a heart attack next time, you’ll have to escort me to the hospital or the funeral home. Oh, no, ma’am, I wouldn’t want that to happen. You have a nice evening ma’am. Thank-you, ma’am. Have a nice evening, ma’am. He walked back and just sat in his car for a few minutes. After I calmed down a little bit, I thought, Oh my GOD! He’s going to come back and arrest me for yelling at him! But, he didn’t. He drove around me and took off real fast!!!
I do this as a sport sometimes just for fun. Test it out so you'll have experience refusing searches. I used to drive around in waiting to be pulled over for suspicion -- knowing I'm clean anyway. The first time it was somewhat nerve racking because they'll usually try to scare you. But in none of the times I've done it have they violated my rights
Need an Australian version, loving the clips
Also search incident to arrest warrant search and if yuh out get taken to jail they can search your car for "safe keeping" documentation as to what is in the car. Before its towed. If you are ever pulled over park in a parking lot. Not public street. Once you get out of the car lock it right away. If you go to jail. They wont tow it. Plus you locked it
I was pulled over once for going 5mph over the limit. Cop said I was nervous, asked to search the vehicle. I said "Sorry no thanks". He said he'd detain me and call a k9 unit. Looked inside my car from the outside. Had me sit in the front seat of his cruiser. Detained me 30 minutes, finally let me go. As I put one foot out of his car, he called me to sit again and told me I was nice, that I should go through my trunk and check if there's anything illegal in there. I didnt, but the whole thing was terrifying.
I stayed in a Tampa hotel for the night at 2 am cops show up beating on my door . Then I answered they threw me on the ground handcuffed me searched my room to the point of even taking the furniture apart and flipping it over . I said do you have a search warrant and was told we are the police we do not need a search warrant. After they were done with there search not finding anything . They put me in the back of a car took me to jail and charged me with obstructing a police officer for refusing to allow him to search . My bond was $100 I thought I was going to get out couse I had just gotten paid and had $460 cash in my pocket . Well when I got to the jail and went three booking I had $0 . And had to spend the entire night there until I could call my boss to come get me out well he was there within the hour and I was held for another 72 hrs after that before they released me . The case got dropped but I found out not only are the cops scumbags every atturney I spoke to about seeing the police wanted huge amounts of money like 1 wanted $10'000 up front another wanted $25'000 up front and others streight up told me you can not sue the system you will not live to tell about it and they in no way would put there lifes let alone there jobs in the line for me . I learned Hillsborough county cops courts and attorneys are all crooks and thieves that work together to protect each other . It's a crooked system .
I've had my car impounded for a tail light out. I consented to search and I yelled to him while he was inside my that I have child support money in there and it better be there when he comes out. He allowed me to hand the money off to my wife. He didn't like the way I said that in front of the neighborhood and threatened to put me in jail for no cause. I couldn't afford a lawyer, but they held my car for 3 days. It was expensive and a pain in the ass. After a confrontation like that with cops, move to a new city, otherwise you'll get pulled over a couple of times a week.
Great info. 1) So what do you do if you ask "am I free to go" and the officer refuses to answer?? 2) What evidence do you have that you refused search or said anything to uphold your rights? I'm not sure if every police car carries a recorder.
They can always say it but if you continue to deny everything and still refuse all searches, it will make it more difficult for them if they don't actually smell it. This happened to me when I got stopped at a seatbelt checkpoint. I got pulled out, screamed at, threatened, breathalized, and then they said they smelled pot and were calling the dogs. I told them I had no pot and I still don't consent to searches and asked for a suprivisor. I was on my way 5 minutes later with a seatbelt ticket
I always say no , no matter what the situation might be. Some keep trying by asking stupid questions meant to manipulate into tricking you in to saying yes. Just keep saying no.. I've said no and the cop moves on. I've had them move on and then as they say I can go they throw in a smart ass comment about not letting them search my car. I do respect the fact none of the cops did anything shady forcing a search
Thank you for the video. You've covered what to do after you refuse for the most part, but let us say they go ahead anyways and they find nothing. Do they just get away with that? Or are we supposed to follow through by filing against them for violating our right? I've always wondered that because I imagine that once they find nothing you are free to go and they leave, but hey! Why about my rights?! You just held me against my will for x hours, preventing me from getting to where I was going, made me late for work, etc., and just because you couldn't take no for an answer?
What if i told them no they searched anyway they found my rifle in my truck that i can legally have then what do i do if they still trying get me on a charge?
I assumed this would one of those "how to be a jerk and piss off the police" video's of which there are plenty.
but actually I was impressed by your advice and feel it was well intended for the right reasons. If everyone behaved in a calm manner and followed this advice I think it would even make the Police's lives easier.
great stuff. keep up the good work.
This happened to me when I was driving through a bad neighborhood several years ago, they stopped me, told me it was because of the area I was in. I agreed to let them search, and they destroyed my truck, completely trashed it, and let me go because I obviously didn't have anything.
There is so much info that we need to know but it's so overwhelming. Any ideas on how to retain all this info?
I agree! What I do is I convert the video to an MP3 file, put it on my ipod and listen to it during my morning walk. It works!
Good idea
If someone would answer my question, it would mean a lot to me. I live in a military owned housing area. I live outside of an Army base, but the base and the military housing are not connected. The housing area has a gate with a handful of MPs getting people in and out. I asked me step-dad, who is in the military, if they can legally search you without your consent. He said yes. The reason I'm asking this is because I live in a military housing area, owned by the Army. I factored that in when I asked my step-dad and he said that since we live in Army-owned housing, they can search people coming in without their consent. Is this true?
Thanks for posting, great vid!!!
Do you have any comments or advise on state troopers using aggressive driving (i.e. Running up on you from behind, tailgating, driving in blind spot, using bright light while tailgating at night) as a means to force a driving mistake (I.e. crossing fog line, improper lane change, improper use of turn signal, failure to maintain lane of travel, etc.) then pulling people over for suspicion of DUI. Any advise?
hey man great vid, i would like to ask you a question, what about if when i say no, because they dont have a warrant or anything they tell me to get out of the car? i mean not long ago i bought a car and my license plate was about to expi... so they girl asked me if i had any gun or anything and to get out of the car, i mean is that legal? or could i have just say no???? also i wanted to ask you about the radar detector, here in Florida is legal. but do i have to take it off when they stop me??
I can't stress how important it is to be nice, upbeat and respectful of the badge while you exercise your rights. I was arrested for finding a sac of weedon a playground near kids and took it. I went directly to the first officer I saw and promptly handed it to him while explaining how I got it. I was instantly arrested for possession, which pissed me off to a high degree. Eventually the case was quashed before I went to court, something about The judge saying, "What's a citizen supposed to do?" However it was pointed out that that it was my general looks, attitude and demeanor that sent everything off to left field. Calm, nice and respectful often nullifies a cops defense mechanism I suppose.
Always here to help!
yeah I want to know too, one that applies in all states or gives info about what is ok in one state but not another
Well stated, well presented. nicely done mate.
What happens if the cases get dropped but they won’t give you your car back going over a month now. For no clear reason for a hold. And no documentation backing them up?
An illegal search will have whatever was obtained thrown out in court that you were charged with.
But you may not get back all your shit that was stolen.