I've had several bad interactions over the decades with cops. My first bad experience occurred the year (1973) preceding the death of Jose Campos Torres in Houston.... at the hands of corrupt cops. I've had several over the years since. You give sage advice! I kept my mouth shut the first one. THAT kept me free! He ended up writing me a speeding ticket (which I was doing) after a VERY extended stop where he searched both me and my car, ruining property of mine because it was raining and he threw down important papers on the wet ground. The other encounters, I kept my mouth shut as well. The difference between now and back then was my ignorance as to my rights. My common sense told me to just shut up, because they provoke you. They TRY to get you to smart off or piss them off or give them probable cause for any nefarious thing they might want.
If a cop who is wearing sunglasses, stops you for whatever reason, can you request he removes his sunglasses? Sunglasses create a barrier, Eye contact is a proven tool in de-escalation, that's why they always wear them, so they can intimidate and escalate
@@Andrewflusche so what is the legal definition of TRAFFIC STOP? Motor Vehicle vs Automobile? Driver? Operator? License is required to do what? Travel freely? Or License to engage in commerce? Why don't you teach what the officers are hired for? To support and defend the constitution? Don't they swear under oath to protect it?
While driving, if you ever get pulled over by the police, don’t answer questions similar to: “Do you know why I pulled you over?” It’s a trick question because no matter how you answer it you could be incriminating yourself. I have my license and documents ready to hand the police immediately as he approaches my car window. When I hand them to him I say, “ All of the information on these documents is current and accurate.” That’s it; our conversation has ended.
@@alansach8437 It has nothing to do with breaking the law and everything to do with avoiding false accusations and saying something that might incriminate you even if you're completely innocent. How can you incriminate yourself if you've done nothing wrong, you ask? Keep in mind that perfectly innocent statements may be incriminating if put in the right context. For example: A police officer comes to your door and starts asking you about your neighbor. In the course of your conversation, you admit that you never liked the guy and didn't get along with him. Well there's no crime in that, right? It's not against the law to dislike someone. But unbeknownst to you, his body was found just hours earlier. Your neighbor was stabbed to death...and now you've just given the police a *motive* to kill him. The first thing the prosecutor is going to tell the jury is that you admitted to not liking your neighbor and not getting along with him. Another example: The police come to your home, asking where you were earlier in the evening. You tell them you were having a drink in a bar downtown. Nothing illegal about _that._ Why are the police asking you questions? Because, unbeknownst to you, a man matching your general description robbed that same bar a couple hours ago. Perhaps a few minutes after you left. And now you've just placed yourself at the scene of the crime. *Don't talk to the police!*
I genuinely appreciate your videos -- your explanations are clear and concise to laypeople like me, and they reinforce how important it is that we 1) invoke our 5th Amendment rights (preferably explicitly), and 2) call a lawyer as soon as possible when interacting with the police if it's anything beyond a superficial encounter. Thank you!
Lawyers aren't available to the poor. That's why police prey on the poor and disenfranchised. They're a whole lot easier to convict, even if they're not guilty.
@@krane15 i have the record to prove that. i have all the evidence which proves i was innocent but wasn't allowed to present it and got charged. the sheriffs own cameras show i didn't do anything but somehow the video doesn't exist
It wouldn't surprise me. In fact, I wouldn't be surprised if over half the case that get into courts are from people railroaded through the system. We already know the overwhelming majority of people that have court date are minorities. The system need bodies, and what better source than the masses. Unfortunately that's nothing you can do unless you somehow afford a good lawyer. More than a few do give free consultations so it may not be a bad idea to at least investigate how much it would cost to get your case heard.
Anything you say can and will be held against you in a court of law ALSO… NOTHING you say will be used in your favour in a court of law Two reasons to remain silent. Can’t help your case so may as well not hurt it. People tend not to think of the second reason
That's right. Anything you say can't be used in your favor because it's hearsay. But it CAN be used _against_ you because that falls under one of the many exceptions to the hearsay rule. It's a one-sided rule that favors the police. "Heads I win; tails you lose."
There is a perception in the US that the innocent have nothing to hide and nothing to fear while only the guilty need to invoke the right to silence. The sad truth is that if the police suspect you of something, they'll come into the conversation with the goal of leading you into incriminating yourself, and even being innocent can't protect you from being deliberately led into a trap. The police don't even need to be dishonest or corrupt for it to happen. For instance, they ask about a murder that happened nearby, you're totally innocent and you respond that you weren't aware anything had happened, how scary, I didn't even hear a gunshot... and they pounce on it. We never said anything about a gun, how did you know that was the murder weapon? The main thing I don't like about the staying silent strategy is it feels like it forces escalation (by not talking with them, it pushes the police into a put up or shut up situation). I suspect that is a baseless concern though because if they have enough to arrest you, then the arrest would likely have been inevitable and talking serves more to their benefit than yours.
I sure wish I would have known this a few years ago. Here is a true story.... I had a police officer walk into my house (the front door was open) and take me off of the couch where I was playing video games with my son out into the street charge me with a DWI. Of course I was intoxicated but I had not been driving anywhere. When I went to court my court provided attorney told me I could fight this and get 10 years probation or I could plead guilty and take a 3-year prison sentence. Well, I took the prison sentence didn't i? My ex-wife automatically got custody of our son, and since there was no one living at my home anymore it was vandalized and burglarized and destroyed. I'm talking people tore the walls and ceiling down to get the copper wire in the house. They took appliances and electronics and my truck. If I would have just kept my mouth shut and not talk to the cops I may have been okay and not be a convicted felon now.
I just stumbled onto your videos and I subscribed right away. Everyone needs to see these videos because people don't know what to do when confronted by law enforcement and cops count on that. The tables need to be turned so people stop getting hurt by all these corrupt cops. Finally true facts on what to do. Keep them coming and I'll keep sharing them. Thanks
It's mind blowing what these officers can legally get away with. They can lie to us but we can't lie to them? At one time TV shows like dateline etc talked about entrapment. Gee what happened to that? I am getting less trusting of the police everyday. I hate being bullied and intimidated. I had a brother who did that to me and my other brother. Just once I would like to teach a bully a lesson.
I always like to add that the not talking to cops is not just not speaking. Per Salinas v Texas if you respond to any questions of any kind you must invoke your right to remain silent otherwise they will use your silence against you.
As the SCOTUS has stated, it's insufficient to remain silent. You must first state that you are exercising your Constitutional right to remain silent (or equivalent affirmative statement).
I have learned a lot form these vids. Also found out that in my state I do not have to roadside sobriety tests. Ive always been told my license would be suspended if I didnt but that is not the case. Knowing my rights could keep me out of a jam since those tests are designed to fail you.
In my experience, most police won't hassle you if you make it home before they find a reason to pull you over. I believe it's called the "home safe" rule. I worked at a bar for 20 years and was followed home by police a few times a week. In every case where they approached me at my house, they left as soon as I gave them my address.
@3:35 In most districts, with a no trespassing sign or not, **if a neighbor or the mailman can walk up to your door, so can the police.** The only way to keep them out is to have a locked gate. And yes, the courts have found that the gate must be locked.
You are the first to say that about no trespassing signs. I have asked a few barristers on the tubes and never had any advise on the till you. Thank you, you have earned a new subscriber and I am a "Ambulance Driver." lol.
A few years ago, a small fire broke out in a neighbor's apartment below mine. After calling 9-1-1 for the fire department, I told another neighbor we needed to move our vehicles away from the building so fire crews would have clear access. We moved our cars but were still on the property. A local PD officer walked up to talk to us about what was going on and then asked for our ID's. We were sitting on the tailgate of my truck. Were we obligated to show ID? We were already sitting before the officer arrived on scene. I am a Virginia resident.
@@srica7366 I was not aware then of and I never asked about being detained. I refused at first which started a breif back and forth till I gave up because I did not know what my rights were. I've been trying to learn more.
Cop: "Hello sir, can we talk to you for a second please?" Civilian: "I would like to have a Lawyer present." Cop: "Okay.... What's your name?" Civilian: "It's I need an Attorney!" Cop: "Okay, but..." Civilian: "I need to talk with a Lawyer!" Cop: "Wait a seco...." Civilian: "ATTORNEY PLEASE!" Cop: "I'll get the dog!" Civilian: "I now ask for a Lawyer please!" Cop: "Sir, you are being uncooperative!" Civilian: "HELP! NEED! ATTORNEY! PLEASE!"
As an attorney friend of mine in Texas (who does a lot of defense work) once said, you can sure talk yourself into a ton of trouble with a cop, but you'll rarely if ever talk yourself out of it. She also says that about 90% of her job is telling her clients to shut the %&#^&# up when talking to anyone but her in private about the case.
@@tthaas Cops are listening for words to prove your guilt, not your innocence. People assume that because they know they haven't done anything wrong they don't need to be on the defensive. Little do they realize that the instant the cops stop you, you've already been determined as guilty. The discussion is just the method to get past the legal loopholes in order to make an arrest.
Good advice, if you are guilty of something. If not, I see no reason I would not cooperate fully. In fact, I would bend over backwards to cooperate and show that I had nothing to hide. Maybe I am wrong. I don't know because I have never been stopped by law enforcement in 70 years. Correction, one time when I was 12 walking home from a friend's house a few minutes after curfew (10pm). He gave me a ride home.
@Alan Sach : It's a completely different era from when you were 12 y.o. . The only thing you should say to any police officer is: "I am aware of, and choose to avail myself of my rights, under the 4th, and 5th amendments to the United States Constitution." "Am I free to leave?" "I want a lawyer present for this interaction."
I know the difference between arrest and detainment, however even if I'm being just detained, can I simply say "I don't answer questions?". Is that enough to satisfy the Supreme Court standard of positively asserting your rights? There was that case that Supreme Court case that said that just staying silent is not good enough to positively assert your right to remain silent.
Saying "I don't answer questions" is _probably_ good enough, but it would be _much_ better to say "I'm asserting my 5th amendment right not to answer any questions." The Supreme court likes to interpret the people's constitutional rights very narrowly, and it has said that anyone who wants to benefit from their constitutional right against self-incrimination must "claim it", so I think the better practice is to do just that -- specifically invoke the 5th amendment (or the Constitution in general). The case you (and I) are referring to is _Salinas v. Texas,_ 570 US 178 (2013). 😉
@@Milesco Just plead the 5th. Why wouldn't you? That way there's ZERO likelihood of any misinterpretation. Just don't plead the 5th and keep talking/answering questions. Once you say those words, imagine you have duct tape on your mouth. Or you can just keep pleading the 5th to every question.
Why waste an opportunity to make money from YOUR Trustees/public-servants? Them- `What is your name` You- `We are ACCEPTING your question (this eliminates the controversy) it`s just that we charge you $911 for the ANSWER and because we have NO-CONFIDENCE with you administrating OUR Trust, payment must be with us immediately` Please remember that THEY are NOT volunteers.....so why should YOU be? The secret is just two words........CONDITIONAL acceptance. (PS- This will involve SOME talking to the police......for YOUR benefit....after all, there is nothing wrong with any system....is it not our negligence with not using it for OUR benefit?
What makes it even crazier is that you could not have committed any crime but you had taken some sort of intoxicating substance and it would be admissible in some cases. For example if you had some sort of pain medicine that would impaire you after you have taken it for a few minutes to hours and you had taken it after you had gotten home and then the cop showed up and started asking you the same questions it would be very hard to produce evidence to help yourself because the cop could not properly log when they encounter you and even if they do they will probably not take you to a hospital in Tim to prove anything more than it was in your system. Because regardless of weather or not it's prescribed you can get in trouble if you don't have any way to prove that you hadn't taken it before you even got to your personal property.
In Oklahoma, if you carry a firearm, with or without a permit (it's not actually required), you have an obligation to inform the officer of the presence of the firearm. The officer is *not* to disarm you, unless he has reasonable/probable cause to think you've committed a crime (not a traffic violation). That's the Oklahoma law. With that in mind, how should a constitutional carrying citizen notify the officer of the presence of the firearm, while maintaining their 5th amendment rights concerning everything else?
I was on a jury one time when the police arrested a woman for drunk driving they arrested her in a building sitting on a bench. Judge did not let it get to us.
how about a cop that walks up to your car while you're parked, then demands your drivers license.. if I don't give your drivers license I'll give you a ticket for it ,,and I could just run your plates exact words
This is why in Texas we got the purple rule you put a purple line or even paint your house, purple it tells the officer, unless you have a warrant you are subject to be executed with lethal force. He got to love Texas laws.
There are a lot of people that follow the misconceptions you raised and hopefully they will be able to see this and get educated. While you referred to VA, i imagine there are a few more states that also have similar laws. Right now there is a clip from Canada going around and many commenters are saying such laws unconstitutional etc would not be allowed in states. Maybe some of the law but as you just said some in Virginia are allowed.many refuse to even consider the possibility and they “know their constitution.” Check with a lawyer even ACLU.
This happened to me very recently in MN while walking by myself, minding my own business and the cop made me feel threatened, and prodded me until he had my name. I have severe PTSD anyway so was caught off-guard. I never got his badge number, but am thinking about filing a formal complaint with the PD, when I do. I refused to give them my name at first and actively went the other direction. He never told me to stop and I walked away from the truck when I first saw it, but was still stopped, while walking and they got out out it the cruisers. I was in an empty restaurant parking lot near the place I am living and was just going for a walk. I did not have my I.D. with me and told them that. What are my options since I cannot seem to get low-cost legal help in my area?
@@Andrewflusche Hello. I was not arrested for anything and walked away when I saw the first cruiser since I knew they would escalate. One of cops said he "needed my name" after I refused because I was just walking and no I.D. on me and was not comfortable given previous traumatic encounters with cops. I know the one cop lied to me. I did call the police dispatcher and given two badge number. They only do in-person complaints, but told me they are encouraging people not to come in. I was given legal advice to call the Office of Attorney general of MN. I highly dount I could sue for anything and a complaint would not to much, but will probably do it. I know next time I won't talk to them even if I am arrested. I totally mistrust cops. Even before this. Thanks for your help and your channel and videos.
ignore and keep walking, if the pig persists, and even grabs you, thats assault, then you can either defend yourself, or be manhandled and sue in court. either way you win.....
Several years ago I went out to my truck to get some cigarettes,had been drinking, squad car driving down the street, residential,cop got out of car , accused me of dwi/owi,. Told him key only unlock the door. He didn't believe me,gave him the key,he put it in the ignition,key would not turn,told him that in 1996 GM had this feature, don't know if it was across the board for all GM vehicles. He didn't do anything else as he could plainly see that I was fifteen feet from my front door.
"Hold on there partner . . ." "If you are attempting to detain under the law, which driving offense, misdemeanor or felony do you believe you I committed or am about to commit? I am not detained unless you can do so."
If a cop initiates a consensual encounter and you make it clear that you do not consent, but they won't stop engaging with you. Is that not harassment (legally)? When you make it clear that you don't consent do you have a duty to retreat? If that is harassment, can you sue the cop for harassment? Can the cop be held criminally liable?
You might want to add-in not to explain to cops what they can and can't do by law. This get them heated fast. Normally, I just answer their first question and follow up with......"Is there a problem officer?" He'll say "bla bla bla bla" ....." I wish I could help officer but I'm in a hurry and have to go so unless you're detaining me....I have to leave." If he says yes....."I'm going to remain silent now." I'll only answer a question like (if they are patting you down) "Do you have a weapon or something on you that will stick me?" One thing that helped me is that I don't talk to them with an attitude, roll my eyes, or act in a way like what they are doing is bugging me. If they are having a bad day.....and you give them crap......they'll drag it out and waste your time. They're getting paid so they don't care. Sure its against the Law to detain you for no reason but really.....whats the most that can happen to an officer? You make a complain about it?
Know what you need to give to them and what you need to say, beyond that record them and invoke the 5th. Anything beyond that is evidence you can use in order to sue the county or city until qualified immunity is abolished.
I absolutely love your retort of talking! That’s exactly what I try to tell everybody to in my family I said just don’t talk to the cops tell me you’re either free to go or you’re being detained and if you’re being detained you want your lawyer…. You and then they’ll arrest…. just shit-up 🤫
If a cop tries to stop me from walking along the sidewalk minding my own business, and I ignore him completely, can I get in any trouble for doing that?
Don't talk seems a standard lawyer advice. But George Zimmerman helped himself by his detailed talking, which ended up being shown during his trial & the prosecutress had no opportunity to cross-examine that recorded testimony! He said nothing which hurt his defense IMHO.
@@Andrewflusche correct, so if a police officer witnesses an admission or confession, then that evidence is only what was said and not to the substance or facts alleged in that statement. In more advanced systems, confessions or formal admissions are only done through court papers and witness statements. Linking a very loose handling of hearsay evidence to jury trials results in higher false conviction rates. No matter how a jury is instructed, a purported admission or confession holds the same weight as a formal confession or guilty plea. You cannot expect random people to have a the discretion of somebody with decades of legal training. That is the difference between a 2700 year old system and one that is still working things out. It is frustrating to read about the difficulties in some US systems which have been figured out in the 1400’s elsewhere.
@@Andrewflusche actually when does third party report become heresay. That is at the start or if it is some how used as evidence. That is if a report is made police investigate using the report as either RAS or PC ( not sure myself) and from that they gather evidence it is the evidence they gather that is used. The witness if they have name etc and a statement may be called to testify if they appear in court that is not heresay. So does heresay become heresay if someone tried to use it in court with out the person who provide the info appearing in court to say so themselves?
They can't use a third party statement "for the truth of the matter asserted". For example, if a third party claims you were beating someone, they can't use that person's statement to prove that you were in fact beating the victim UNLESS that witness is in court. But they CAN use the third party's claim simply as a basis for why the police responded to your house. Ex: "We got a call that Ice Man was beating someone, so we drove to his house." That's allowed in the rules of evidence.
You said the police can use what you say in conversation to convict you. Do they assume you're telling the truth? If the cops can lie to citizens, can citizens lie in conversation or voluntary encounters, as opposed to response to legal orders or stops?
I have a question... I've heard over and over again about putting a lien on a cop's property for occasions just like this, when they're harassing, intimidating, overstepping their bounds and committing crimes. Does this actually happen? Does anyone know of any occasion this has been done? What's up with this business of liens?
Or maybe the officer will do what they all do and lie and say he saw you drive whether he did or not they don’t care about lying which is why we need video cameras on these jokers. And although enjoy this fellow videos I wouldn’t trust an attorney either I’ve been down that road before don’t trust the police and for that matter I wouldn’t trust my attorney.
4:00 isn't the legal definition of vehicle regarding acting in commerce? Are you using that lawnmower to earn money at that moment? Does that mean that you are not acting in commerce and therefore not a vehicle but your own private lawnmower/conveyance? What is the legal definition of private conveyance?
Legal definition of driver, one acting in Commerce? What about travelling in your private conveyance instead? What about using guest instead of passenger?
Great information and advice as usual. Virginia sounds like a horrible backwater state bent on criminalizing as many of its citizens as possible. The state doesn't seem to have advanced very far since the days of the Civil War. Thank you counselor.
I see a comment about fees. I'm no saint. Just thankfully it was not a dui. I did wrong and it cost me a great deal. And I didn't pay for a lawyer. I paid for a firm is how I saw it. But the point I'm gonna make is about dui. How about if you can afford to go out. You include in your enjoyment exspense the cost of travel. To and from. Or get your buzz on at home I guess. If you have a friend or two. Someone agrees to drive. I use to drive a few friends to enjoy time out. Usually friends playing out somewhere. Rule. I will drive and stay sober. But I will not babysit a grown adult. I'm not walking or carrying or dragging you anywhere. And don't force me to dig your grave. So now you can agree or not. If all are getting their buzz on. Pay for a ride. Split the cost. Usually about a drink each. Not so hard actually. If you want to pay thousands then do it. I'm not wealthy. Also the one thing that sucks being the driver is hitting it off with someone. I've been known to drop off my buddies after night out and hurry back or take the nights enjoyment with me. Totally their call. It's even helped explaining my situation. To make a connection for the night. Of course ive enjoyed many nights watching my buddies as entertainment. Amazing what drunks will do. Point being if you are going to party part of it is getting to the party and home. Sorta like eating out and knowing you tip. You - I think do not go to a restaurant and only have money for the meal. You plan that your going to tip. Include all exspenses. Again the point. No I don't use plastic I pay in cash. The only way to pay. I guess if your adult enough to party. Hopefully smart enough to figure it out. Then again keep dui lawyers in a job. By the way have been pulled over and harassed and called a liar that I was a designated driver by law enforcement. Tried to say I was left of center. Bull shit. I was sober. Even had to lie to pull me over. Yes I have a bit of an attitude. There are enough crimes and real issues to keep them busy. They sure don't need to make it up. Revenue seekers not law enforcers. Ok over my rant.
Good video. Thanks! Excellent suggestions for drunk people on how to avoid the Law and keep driving while playing Russian Roulette. If I may, Andrew, I'd like to suggest putting in front of all your video a little reminder about how important not to drink and drive.
I was at the gas station and got a ticket for driving my car and I wasn't even in the car this was all because I said it was my car so he gave me a ticket. "tags were expired".LOL....
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Police use everything against you so give them nothing. Give everything to your defense attorney.
I've had several bad interactions over the decades with cops. My first bad experience occurred the year (1973) preceding the death of Jose Campos Torres in Houston.... at the hands of corrupt cops. I've had several over the years since. You give sage advice! I kept my mouth shut the first one. THAT kept me free! He ended up writing me a speeding ticket (which I was doing) after a VERY extended stop where he searched both me and my car, ruining property of mine because it was raining and he threw down important papers on the wet ground.
The other encounters, I kept my mouth shut as well. The difference between now and back then was my ignorance as to my rights. My common sense told me to just shut up, because they provoke you. They TRY to get you to smart off or piss them off or give them probable cause for any nefarious thing they might want.
If a cop who is wearing sunglasses, stops you for whatever reason, can you request he removes his sunglasses?
Sunglasses create a barrier, Eye contact is a proven tool in de-escalation, that's why they always wear them, so they can intimidate and escalate
I guess you could request it, but I doubt it's going to get you anywhere. And then you'd be talking...
@@Andrewflusche touché!
@@Andrewflusche so what is the legal definition of TRAFFIC STOP? Motor Vehicle vs Automobile? Driver? Operator? License is required to do what? Travel freely? Or License to engage in commerce? Why don't you teach what the officers are hired for? To support and defend the constitution? Don't they swear under oath to protect it?
@@Andrewflusche well how do you report a crime without talking
@@gameshows5973 Write it on paper and send it?:)
While driving, if you ever get pulled over by the police, don’t answer questions similar to: “Do you know why I pulled you over?” It’s a trick question because no matter how you answer it you could be incriminating yourself. I have my license and documents ready to hand the police immediately as he approaches my car window. When I hand them to him I say, “ All of the information on these documents is current and accurate.” That’s it; our conversation has ended.
@@E.Asinus implies you did something wrong. Pulling over random people is not their job on paper
How's this then?:
"I gave up on trying to read minds a long time ago"!
Well Dale that's a good way to get the cop pissed sure
@@myyoutubename1756good way to test to see if they have a fragile ego
Don’t reach for anything UNTIL he reaches your car
Yes, never never never ever answer police questions. I believe a person should envoke the 5th, and the 6th.
I've tried to explain this to some of my friends, but they need a lawyer to tell them.
Get some smarter friends. Avoid the crying that will certainly come later.
Why are they breaking the law?
@@alansach8437 It has nothing to do with breaking the law and everything to do with avoiding false accusations and saying something that might incriminate you even if you're completely innocent.
How can you incriminate yourself if you've done nothing wrong, you ask? Keep in mind that perfectly innocent statements may be incriminating if put in the right context.
For example: A police officer comes to your door and starts asking you about your neighbor. In the course of your conversation, you admit that you never liked the guy and didn't get along with him. Well there's no crime in that, right? It's not against the law to dislike someone. But unbeknownst to you, his body was found just hours earlier. Your neighbor was stabbed to death...and now you've just given the police a *motive* to kill him. The first thing the prosecutor is going to tell the jury is that you admitted to not liking your neighbor and not getting along with him.
Another example: The police come to your home, asking where you were earlier in the evening. You tell them you were having a drink in a bar downtown. Nothing illegal about _that._
Why are the police asking you questions? Because, unbeknownst to you, a man matching your general description robbed that same bar a couple hours ago. Perhaps a few minutes after you left. And now you've just placed yourself at the scene of the crime.
*Don't talk to the police!*
@@alansach8437 Because the law is stupid and I don't acknowledge their authority.
I genuinely appreciate your videos -- your explanations are clear and concise to laypeople like me, and they reinforce how important it is that we 1) invoke our 5th Amendment rights (preferably explicitly), and 2) call a lawyer as soon as possible when interacting with the police if it's anything beyond a superficial encounter. Thank you!
Lawyers aren't available to the poor. That's why police prey on the poor and disenfranchised. They're a whole lot easier to convict, even if they're not guilty.
@@krane15 i have the record to prove that. i have all the evidence which proves i was innocent but wasn't allowed to present it and got charged. the sheriffs own cameras show i didn't do anything but somehow the video doesn't exist
It wouldn't surprise me. In fact, I wouldn't be surprised if over half the case that get into courts are from people railroaded through the system. We already know the overwhelming majority of people that have court date are minorities. The system need bodies, and what better source than the masses.
Unfortunately that's nothing you can do unless you somehow afford a good lawyer. More than a few do give free consultations so it may not be a bad idea to at least investigate how much it would cost to get your case heard.
Anything you say can and will be held against you in a court of law
ALSO… NOTHING you say will be used in your favour in a court of law
Two reasons to remain silent. Can’t help your case so may as well not hurt it. People tend not to think of the second reason
Correct.
That's right. Anything you say can't be used in your favor because it's hearsay. But it CAN be used _against_ you because that falls under one of the many exceptions to the hearsay rule.
It's a one-sided rule that favors the police. "Heads I win; tails you lose."
There is a perception in the US that the innocent have nothing to hide and nothing to fear while only the guilty need to invoke the right to silence. The sad truth is that if the police suspect you of something, they'll come into the conversation with the goal of leading you into incriminating yourself, and even being innocent can't protect you from being deliberately led into a trap. The police don't even need to be dishonest or corrupt for it to happen. For instance, they ask about a murder that happened nearby, you're totally innocent and you respond that you weren't aware anything had happened, how scary, I didn't even hear a gunshot... and they pounce on it. We never said anything about a gun, how did you know that was the murder weapon?
The main thing I don't like about the staying silent strategy is it feels like it forces escalation (by not talking with them, it pushes the police into a put up or shut up situation). I suspect that is a baseless concern though because if they have enough to arrest you, then the arrest would likely have been inevitable and talking serves more to their benefit than yours.
I sure wish I would have known this a few years ago. Here is a true story....
I had a police officer walk into my house (the front door was open) and take me off of the couch where I was playing video games with my son out into the street charge me with a DWI.
Of course I was intoxicated but I had not been driving anywhere.
When I went to court my court provided attorney told me I could fight this and get 10 years probation or I could plead guilty and take a 3-year prison sentence.
Well, I took the prison sentence didn't i?
My ex-wife automatically got custody of our son, and since there was no one living at my home anymore it was vandalized and burglarized and destroyed.
I'm talking people tore the walls and ceiling down to get the copper wire in the house. They took appliances and electronics and my truck.
If I would have just kept my mouth shut and not talk to the cops I may have been okay and not be a convicted felon now.
or just not walked out side they cant come in if no warrant
Calling bullshit on this. There’s clearly a lot more to the story…
got nothing better to do that talk sh*t ugh!?
How sad ..so sorry that happened to you.
Love this channel!!! Keep up the great work!!
Good stuff. Awaiting next wisdom bomb.
Guy is pretty knowledgeable. Although I'm pretty sure officer Andy is actually a stripper.
I just stumbled onto your videos and I subscribed right away. Everyone needs to see these videos because people don't know what to do when confronted by law enforcement and cops count on that. The tables need to be turned so people stop getting hurt by all these corrupt cops. Finally true facts on what to do. Keep them coming and I'll keep sharing them. Thanks
Well said.
It's mind blowing what these officers can legally get away with. They can lie to us but we can't lie to them? At one time TV shows like dateline etc talked about entrapment. Gee what happened to that? I am getting less trusting of the police everyday. I hate being bullied and intimidated. I had a brother who did that to me and my other brother. Just once I would like to teach a bully a lesson.
I always like to add that the not talking to cops is not just not speaking. Per Salinas v Texas if you respond to any questions of any kind you must invoke your right to remain silent otherwise they will use your silence against you.
Exactly right. Good for you for knowing that. 😊
As the SCOTUS has stated, it's insufficient to remain silent. You must first state that you are exercising your Constitutional right to remain silent (or equivalent affirmative statement).
I have learned a lot form these vids. Also found out that in my state I do not have to roadside sobriety tests. Ive always been told my license would be suspended if I didnt but that is not the case. Knowing my rights could keep me out of a jam since those tests are designed to fail you.
They are very difficult, often impossible, even for a sober person.
In my experience, most police won't hassle you if you make it home before they find a reason to pull you over. I believe it's called the "home safe" rule. I worked at a bar for 20 years and was followed home by police a few times a week. In every case where they approached me at my house, they left as soon as I gave them my address.
@3:35 In most districts, with a no trespassing sign or not, **if a neighbor or the mailman can walk up to your door, so can the police.** The only way to keep them out is to have a locked gate. And yes, the courts have found that the gate must be locked.
I talk for 4 things. To state my rights, to enforce my rights, to request my attorney be present, and to insult what little intelligence a cop has.
If you're truly intelligent, you'll remain silent. Cops are very well trained at what they do, and an expedience one can break down any defense.
You are the first to say that about no trespassing signs. I have asked a few barristers on the tubes and never had any advise on the till you. Thank you, you have earned a new subscriber and I am a "Ambulance Driver." lol.
That split screen effect... IS. SO. REAL!
Keep up the great advice! Knowledge is power!
I've got a new friend... A lawyer friend to be exact. Having friends is awesome.
Every day is Shut The Fuck Up Friday.
A few years ago, a small fire broke out in a neighbor's apartment below mine. After calling 9-1-1 for the fire department, I told another neighbor we needed to move our vehicles away from the building so fire crews would have clear access. We moved our cars but were still on the property. A local PD officer walked up to talk to us about what was going on and then asked for our ID's. We were sitting on the tailgate of my truck.
Were we obligated to show ID? We were already sitting before the officer arrived on scene. I am a Virginia resident.
If you were legally detained you must Identify yourself, not show a ID. Did you ask if you were detained? If not you willingly gave your ID.
@@srica7366 I was not aware then of and I never asked about being detained. I refused at first which started a breif back and forth till I gave up because I did not know what my rights were. I've been trying to learn more.
Love your videos, they're clear and concise. If someone can't understand them, they'll probably end up in jail.
Cop: "Hello sir, can we talk to you for a second please?"
Civilian: "I would like to have a Lawyer present."
Cop: "Okay.... What's your name?"
Civilian: "It's I need an Attorney!"
Cop: "Okay, but..."
Civilian: "I need to talk with a Lawyer!"
Cop: "Wait a seco...."
Civilian: "ATTORNEY PLEASE!"
Cop: "I'll get the dog!"
Civilian: "I now ask for a Lawyer please!"
Cop: "Sir, you are being uncooperative!"
Civilian: "HELP! NEED! ATTORNEY! PLEASE!"
"Civilian: "It's I need an Attorney!"" -- (IANAL) Careful, they could charge you with Providing False Information. Pretend you're a brick wall. :D
That's not how you request a lawyer.
In some places you have to give your name
"Hello sir, can we talk for a second, please?"
"Sorry, no habló inglés"
@@R_lulu
It’s all fun and games until they ask you the same question in Spanish.
Thank you for this!
As I often tell people: "Anything you say can and will be MISQUOTED and used against you in a court of law."
Thank you. Most people don't have any idea.
Everyone has the right to remain silent, but many just do not have the ability.
As an attorney friend of mine in Texas (who does a lot of defense work) once said, you can sure talk yourself into a ton of trouble with a cop, but you'll rarely if ever talk yourself out of it. She also says that about 90% of her job is telling her clients to shut the %&#^&# up when talking to anyone but her in private about the case.
@@tthaas Cops are listening for words to prove your guilt, not your innocence. People assume that because they know they haven't done anything wrong they don't need to be on the defensive.
Little do they realize that the instant the cops stop you, you've already been determined as guilty. The discussion is just the method to get past the legal loopholes in order to make an arrest.
Cops know this and us it to their advantage. Some people just cannot stay silent to save their lives -- literally.
Question.. when a police officer says. "Do you know why I stopped you?" Can you respond with "if you don't know why you stopped me, am I free to go?"
Yes, you can, if you want to piss him off and make sure you get a citation instead of a warning.
Good advice, if you are guilty of something. If not, I see no reason I would not cooperate fully. In fact, I would bend over backwards to cooperate and show that I had nothing to hide. Maybe I am wrong. I don't know because I have never been stopped by law enforcement in 70 years. Correction, one time when I was 12 walking home from a friend's house a few minutes after curfew (10pm). He gave me a ride home.
@Alan Sach :
It's a completely different era from when you were 12 y.o. .
The only thing you should say to any police officer is: "I am aware of, and choose to avail myself of my rights, under the 4th, and 5th amendments to the United States Constitution."
"Am I free to leave?"
"I want a lawyer present for this interaction."
Good call on the overt assertion of the right to remain silent.
Ever met anyone that just did not possess the ability? LOL
In 2010 the Supreme Court ruled that you have to "unambiguously" assert your right to remain silent. Just being silent wasn't enough.
@@phil9947 I have heard about that along the lines of unless you state you are remaining silent, the stop is considered consensual.
@@MikinessAnalog It's a terrible ruling honestly. If rights are inherent you shouldn't need to explicitly say that you are invoking them.
Some great nuance to the situations!
They need to start playing these in Elementary school ..... right alongside old school Schoolhouse Rock.
I know the difference between arrest and detainment, however even if I'm being just detained, can I simply say "I don't answer questions?". Is that enough to satisfy the Supreme Court standard of positively asserting your rights? There was that case that Supreme Court case that said that just staying silent is not good enough to positively assert your right to remain silent.
Ya,, I have always heard that a person must assert or affirm the right to remain silent either verbally or written.
Saying "I don't answer questions" is _probably_ good enough, but it would be _much_ better to say "I'm asserting my 5th amendment right not to answer any questions."
The Supreme court likes to interpret the people's constitutional rights very narrowly, and it has said that anyone who wants to benefit from their constitutional right against self-incrimination must "claim it", so I think the better practice is to do just that -- specifically invoke the 5th amendment (or the Constitution in general).
The case you (and I) are referring to is _Salinas v. Texas,_ 570 US 178 (2013). 😉
@@Milesco Just plead the 5th. Why wouldn't you? That way there's ZERO likelihood of any misinterpretation. Just don't plead the 5th and keep talking/answering questions. Once you say those words, imagine you have duct tape on your mouth. Or you can just keep pleading the 5th to every question.
@@krane15 Isn't that what I said?
@@Milesco Does that mean I can't say it again? For good measure?
Why waste an opportunity to make money from YOUR Trustees/public-servants?
Them- `What is your name`
You- `We are ACCEPTING your question (this eliminates the controversy) it`s just that we charge you $911 for the ANSWER and because we have NO-CONFIDENCE with you administrating OUR Trust, payment must be with us immediately`
Please remember that THEY are NOT volunteers.....so why should YOU be?
The secret is just two words........CONDITIONAL acceptance.
(PS- This will involve SOME talking to the police......for YOUR benefit....after all, there is nothing wrong with any system....is it not our negligence with not using it for OUR benefit?
Thank you Sir, you're doing a God's work.
What makes it even crazier is that you could not have committed any crime but you had taken some sort of intoxicating substance and it would be admissible in some cases. For example if you had some sort of pain medicine that would impaire you after you have taken it for a few minutes to hours and you had taken it after you had gotten home and then the cop showed up and started asking you the same questions it would be very hard to produce evidence to help yourself because the cop could not properly log when they encounter you and even if they do they will probably not take you to a hospital in Tim to prove anything more than it was in your system. Because regardless of weather or not it's prescribed you can get in trouble if you don't have any way to prove that you hadn't taken it before you even got to your personal property.
Your channel came up in my feed. I am now a subscriber. Great videos! Keep them coming.
In Oklahoma, if you carry a firearm, with or without a permit (it's not actually required), you have an obligation to inform the officer of the presence of the firearm. The officer is *not* to disarm you, unless he has reasonable/probable cause to think you've committed a crime (not a traffic violation). That's the Oklahoma law.
With that in mind, how should a constitutional carrying citizen notify the officer of the presence of the firearm, while maintaining their 5th amendment rights concerning everything else?
I was on a jury one time when the police arrested a woman for drunk driving they arrested her in a building sitting on a bench. Judge did not let it get to us.
Best not to drink beer while working on your car in Virginia, apparently.
Thank you sir for what you do. 👍
Thanks very much
how about a cop that walks up to your car while you're parked, then demands your drivers license.. if I don't give your drivers license I'll give you a ticket for it ,,and I could just run your plates exact words
This is why in Texas we got the purple rule you put a purple line or even paint your house, purple it tells the officer, unless you have a warrant you are subject to be executed with lethal force. He got to love Texas laws.
Great vids! RVA here too. Preach 😊
There are a lot of people that follow the misconceptions you raised and hopefully they will be able to see this and get educated. While you referred to VA, i imagine there are a few more states that also have similar laws. Right now there is a clip from Canada going around and many commenters are saying such laws unconstitutional etc would not be allowed in states. Maybe some of the law but as you just said some in Virginia are allowed.many refuse to even consider the possibility and they “know their constitution.” Check with a lawyer even ACLU.
Very nicely put video case scenario buddy. ☺
Great advice! Thank you!
Beware of Officer Andy or he could get you really good. Cheers!
The best on youtube. Thank you.
This happened to me very recently in MN while walking by myself, minding my own business and the cop made me feel threatened, and prodded me until he had my name. I have severe PTSD anyway so was caught off-guard. I never got his badge number, but am thinking about filing a formal complaint with the PD, when I do. I refused to give them my name at first and actively went the other direction. He never told me to stop and I walked away from the truck when I first saw it, but was still stopped, while walking and they got out out it the cruisers. I was in an empty restaurant parking lot near the place I am living and was just going for a walk. I did not have my I.D. with me and told them that. What are my options since I cannot seem to get low-cost legal help in my area?
If you weren't charged with anything, your only options would be to talk to a lawyer about suing and/or to file a complaint at the police station
@@Andrewflusche Hello. I was not arrested for anything and walked away when I saw the first cruiser since I knew they would escalate. One of cops said he "needed my name" after I refused because I was just walking and no I.D. on me and was not comfortable given previous traumatic encounters with cops. I know the one cop lied to me. I did call the police dispatcher and given two badge number. They only do in-person complaints, but told me they are encouraging people not to come in. I was given legal advice to call the Office of Attorney general of MN. I highly dount I could sue for anything and a complaint would not to much, but will probably do it. I know next time I won't talk to them even if I am arrested. I totally mistrust cops. Even before this. Thanks for your help and your channel and videos.
@@fortis6258 I do not trust cops at ALL They proved themselves to me and I avoid at all cost.
Why can't you just say "no trespassing"? Instead of having the sign.
Anything you say WILL be used against you.
2:31 Or maybe officer Andy lied to fish and intimidate information out of you.
ignore and keep walking, if the pig persists, and even grabs you, thats assault, then you can either defend yourself, or be manhandled and sue in court. either way you win.....
The law is never going to allow you to defend yourself against a cop.
Alabama thanks you for your useful information.😀
Thank you
Several years ago I went out to my truck to get some cigarettes,had been drinking, squad car driving down the street, residential,cop got out of car , accused me of dwi/owi,. Told him key only unlock the door. He didn't believe me,gave him the key,he put it in the ignition,key would not turn,told him that in 1996 GM had this feature, don't know if it was across the board for all GM vehicles. He didn't do anything else as he could plainly see that I was fifteen feet from my front door.
"Hold on there partner . . ."
"If you are attempting to detain under the law, which driving offense, misdemeanor or felony do you believe you I committed or am about to commit? I am not detained unless you can do so."
If a cop initiates a consensual encounter and you make it clear that you do not consent, but they won't stop engaging with you. Is that not harassment (legally)?
When you make it clear that you don't consent do you have a duty to retreat?
If that is harassment, can you sue the cop for harassment? Can the cop be held criminally liable?
I love your 38 miles per burrito shirt.
Haha! Thanks! I don't know if many people get it. 😂
@@Andrewflusche I don't get it.
@@johnnellis3025 Bicycle mileage... One burrito fuels me to go 38 miles.
@@Andrewflusche You must pack one to eat later, so you can get back!
You might want to add-in not to explain to cops what they can and can't do by law. This get them heated fast. Normally, I just answer their first question and follow up with......"Is there a problem officer?" He'll say "bla bla bla bla" ....." I wish I could help officer but I'm in a hurry and have to go so unless you're detaining me....I have to leave." If he says yes....."I'm going to remain silent now." I'll only answer a question like (if they are patting you down) "Do you have a weapon or something on you that will stick me?" One thing that helped me is that I don't talk to them with an attitude, roll my eyes, or act in a way like what they are doing is bugging me. If they are having a bad day.....and you give them crap......they'll drag it out and waste your time. They're getting paid so they don't care. Sure its against the Law to detain you for no reason but really.....whats the most that can happen to an officer? You make a complain about it?
Fascinating topics, al of North Amercia, gotta have a lot of similar circumstance and reason.... fascinating.
Oct-8-2021, that was pretty damn good,thanks
Know what you need to give to them and what you need to say, beyond that record them and invoke the 5th. Anything beyond that is evidence you can use in order to sue the county or city until qualified immunity is abolished.
Qualified Immunity must be abolished, and the sooner the better! Contact your U.S. senators and tell them!
ugh okay.
You may be related to Officer Andy :)
Hahaha!
I absolutely love your retort of talking! That’s exactly what I try to tell everybody to in my family I said just don’t talk to the cops tell me you’re either free to go or you’re being detained and if you’re being detained you want your lawyer…. You and then they’ll arrest…. just shit-up 🤫
Please turn your volume up on recordings. Information is great, but too softly recorded. Thanks.
If a cop tries to stop me from walking along the sidewalk minding my own business, and I ignore him completely, can I get in any trouble for doing that?
What should I do if I am in a situation where police interaction is unavoidable such as a fast food restaurant?
Don't talk seems a standard lawyer advice. But George Zimmerman helped himself by his detailed talking, which ended up being shown during his trial & the prosecutress had no opportunity to cross-examine that recorded testimony! He said nothing which hurt his defense IMHO.
0:21 More like catch you in trap...
1:30 What if i working on my car?Do i need go to my home or politly ask him to leave?
What sort of legal system accepts police hearsay as evidence for the purpose of establishing the facts only contained within the hearsay?
What do you mean? Hearsay is generally inadmissible. But a police officer's testimony about what they personally saw or heard is not hearsay.
@@Andrewflusche correct, so if a police officer witnesses an admission or confession, then that evidence is only what was said and not to the substance or facts alleged in that statement. In more advanced systems, confessions or formal admissions are only done through court papers and witness statements. Linking a very loose handling of hearsay evidence to jury trials results in higher false conviction rates. No matter how a jury is instructed, a purported admission or confession holds the same weight as a formal confession or guilty plea. You cannot expect random people to have a the discretion of somebody with decades of legal training. That is the difference between a 2700 year old system and one that is still working things out. It is frustrating to read about the difficulties in some US systems which have been figured out in the 1400’s elsewhere.
@@Andrewflusche actually when does third party report become heresay. That is at the start or if it is some how used as evidence. That is if a report is made police investigate using the report as either RAS or PC ( not sure myself) and from that they gather evidence it is the evidence they gather that is used. The witness if they have name etc and a statement may be called to testify if they appear in court that is not heresay. So does heresay become heresay if someone tried to use it in court with out the person who provide the info appearing in court to say so themselves?
They can't use a third party statement "for the truth of the matter asserted". For example, if a third party claims you were beating someone, they can't use that person's statement to prove that you were in fact beating the victim UNLESS that witness is in court.
But they CAN use the third party's claim simply as a basis for why the police responded to your house. Ex: "We got a call that Ice Man was beating someone, so we drove to his house." That's allowed in the rules of evidence.
@@Andrewflusche yes that is what I thought, though, you explained it much more simply.
So, if you live in Virginia don't get liquored up before you work on your car in your garage. "Important safety tip, Egon"
You said the police can use what you say in conversation to convict you. Do they assume you're telling the truth? If the cops can lie to citizens, can citizens lie in conversation or voluntary encounters, as opposed to response to legal orders or stops?
How about telling cops to go kick rocks?
Maybe you could discuss "Stale Misdomenor"...
Silence is one of few rights you have ,you never want to waive your rights! Unless your a lawyer trained in dealing with law!
Andrew, do you also do gun law work?
Do you practice in Pennsylvania?
I have a question... I've heard over and over again about putting a lien on a cop's property for occasions just like this, when they're harassing, intimidating, overstepping their bounds and committing crimes. Does this actually happen? Does anyone know of any occasion this has been done? What's up with this business of liens?
Great video!
Or maybe the officer will do what they all do and lie and say he saw you drive whether he did or not they don’t care about lying which is why we need video cameras on these jokers. And although enjoy this fellow videos I wouldn’t trust an attorney either I’ve been down that road before don’t trust the police and for that matter I wouldn’t trust my attorney.
4:00 isn't the legal definition of vehicle regarding acting in commerce? Are you using that lawnmower to earn money at that moment? Does that mean that you are not acting in commerce and therefore not a vehicle but your own private lawnmower/conveyance? What is the legal definition of private conveyance?
Legal definition of driver, one acting in Commerce? What about travelling in your private conveyance instead? What about using guest instead of passenger?
Great information and advice as usual. Virginia sounds like a horrible backwater state bent on criminalizing as many of its citizens as possible. The state doesn't seem to have advanced very far since the days of the Civil War.
Thank you counselor.
You are the man 🙏👍
When they do question you and you go silent, is it legal for the officer to ask for ID?
Yes, they can ask for your ID. If you're driving, they can ask for your license and registration
yes but you dont have to say a word just hand it to them
Never talk to the police?
Not even ...." Say Hello to my little friend ! " ?
...my puppy 🐶
Wish I knew this before I said "not more than 65" and the cop wrote in his report "about 70"
Cop: gotcha!
Are you legally allowed to tell a cop you don't wish to talk to with them and walk away?
Miranda rights! Arizona vs Miranda I think
Why not just maintain near 100% silence in all cases?
I see a comment about fees. I'm no saint. Just thankfully it was not a dui. I did wrong and it cost me a great deal. And I didn't pay for a lawyer. I paid for a firm is how I saw it. But the point I'm gonna make is about dui. How about if you can afford to go out. You include in your enjoyment exspense the cost of travel.
To and from. Or get your buzz on at home I guess. If you have a friend or two. Someone agrees to drive. I use to drive a few friends to enjoy time out. Usually friends playing out somewhere. Rule. I will drive and stay sober. But I will not babysit a grown adult. I'm not walking or carrying or dragging you anywhere. And don't force me to dig your grave. So now you can agree or not. If all are getting their buzz on. Pay for a ride. Split the cost. Usually about a drink each. Not so hard actually. If you want to pay thousands then do it. I'm not wealthy. Also the one thing that sucks being the driver is hitting it off with someone. I've been known to drop off my buddies after night out and hurry back or take the nights enjoyment with me. Totally their call. It's even helped explaining my situation. To make a connection for the night. Of course ive enjoyed many nights watching my buddies as entertainment. Amazing what drunks will do. Point being if you are going to party part of it is getting to the party and home. Sorta like eating out and knowing you tip. You - I think do not go to a restaurant and only have money for the meal. You plan that your going to tip. Include all exspenses. Again the point. No I don't use plastic I pay in cash. The only way to pay. I guess if your adult enough to party. Hopefully smart enough to figure it out. Then again keep dui lawyers in a job. By the way have been pulled over and harassed and called a liar that I was a designated driver by law enforcement. Tried to say I was left of center. Bull shit.
I was sober. Even had to lie to pull me over. Yes I have a bit of an attitude. There are enough crimes and real issues to keep them busy. They sure don't need to make it up. Revenue seekers not law enforcers. Ok over my rant.
Good video. Thanks! Excellent suggestions for drunk people on how to avoid the Law and keep driving while playing Russian Roulette. If I may, Andrew, I'd like to suggest putting in front of all your video a little reminder about how important not to drink and drive.
I don't answer questions!
I was at the gas station and got a ticket for driving my car and I wasn't even in the car this was all because I said it was my car so he gave me a ticket. "tags were expired".LOL....