@@dallasgraf6442 You mean living life like a responsible, mature adult is being a boot licker? Oh well. Let's take that a step further. Is the smell, taste or texture that makes you enjoy getting thrown in the back seat of police cruisers?
It's dirty all right, but I don't know if it qualifies as a "trick", because it doesn't rely on or depend on your cooperation. The cops just take your stuff and you have to sue to get it back. They don't need to lie to you -- they don't even need to prove you committed a crime. It's outrageous and shockingly unjust, but there's not much We the People can do about it. 😠
@@phlushphish793 The ends don't justify the means. Hitler rejuvenated Germany's economy and Mussolini made the trains run on time. And in any case, it is certainly possible to seize the assets of drug dealers without stomping on the constitutional rights of innocent people. The problem is that law enforcement loves the stream of money that it takes in, and they don't want anything interfering with that.
@@Milesco Yes there is corruption on both sides. If a cop seizes your legally obtained $, at least you have a chance of getting it back after a year of court. If a drug dealer steals your money, though, even if he doesn't kill you...
It's scary really, because any interaction with the police could be nothing more than a setup, and you are being forced to deal with a legal professional with a firearm without anyone licensed in law to help you at the scene.
Every interaction with a cop is a set up. If they are speaking to you, they are investigating you. They have their own club and we’re not in it. Test my theory as I have; see four cops eating dinner at a restaurant. Approach their table and offer an innocuous “How are things going, fellas?” They will all look at you like you have leprosy. Usually, they will say nothing. If they do, it will be a short, forced reply before ignoring you.
Probably not wise to play verbal judo with an athlete when you're not even on the high school team , but one of the best things you can remember and tell yourself after everything they say to you is : They can legally lie to me. So how much do you trust what he just said?
"I don't consent to any searches, seizures, or questions. If I am not under arrest at this time, go away and leave me alone. Direct any further inquiries to my attorney; I have no further comments at this time."
I would omit "go away and leave me alone," it's unnecessarily provocative. And rephrase the attorney bit. The police are not obligated by any right to direct inquiries to your attorney. They're not going to question your attorney, they're going to question you. The correct way to invoke Sixth Amendment protection is to tell them you will not answer any questions without your attorney present. Seems a wee bit drastic on a traffic stop, though. Just be quiet.
Nah just put them on notice. 4th and 5th amendment. Depending on the situation like give me that crack err i mean ID go off your State's statutes. For instance here in Texas it would be Texas Penal Code 38.02 backed with Brown v. Texas. Assume everything they say as a lie. I would only speak giving them notice that they're in violation as there may be a future lawsuit depending on the situation. Putting them on notice and citing the statute or case sort of kills the "um i don't know" excuse for the cops often removing qualified immunity. After being told the exact statute or case a "reasonable person" would understand. Also they aren't worried about attorneys at this stage. It's really an empty statement.
A decade ago I warned my father how dangerous the gun and badge thugs had become. He did not agree. After he, some friends, and some family’s run-ins with the gun and badge thugs in the ensuing years, he now agrees wholeheartedly.
"…how dangerous the police really are." Oh, please. Police put their lives on the line every day. Would you risk your life to protect somebody you don't even know when they are being assaulted, carjacked, robbed, or shot at? Would you chase after some punk with a gun who committed any one of the above acts? Of course not, big man.
A friend of mine from high school, who is a Sargent detective said when he worked in Milwaukee he would pull over drunks right before his shift ended so he could get overtime for doing paperwork. We're not friends anymore cuz I'm not a cop. His words.
Sounds like it became more of a club or a lifestyle than a job for him. Almost none of my friends are in the same line of work as me. I understand Esprit De Corps, but that sounds closer to indoctrination or elitism.
There are a number of people that I know, who will never be my friends because they are cops. Don’t be friends with cops. You never know when they will turn and bite you.
@@Andrewflusche it is almost like you need a video of "look at these people poking the bear, don't do that." Well, unless you want to waste time and money.
@Why So Serious? I think the issue that needs to be addressed is most all of the attorney videos are the key questions. Like; "Am I being detained?" or "Am I free to leave?" The live videos that I have seen when a person at a traffic stop asks the police these questions, the police always refuse to answer these key questions. It would be great if Andrew Flusche could make a video of what to do or say when the police refuse to answer these key questions.
@@senseofstile That was SO classic with the dude who knew his rights (both of them). "Do you suspect me of committing a crime right now?" "No." "Then I'm free to leave." "I smell marijuana coming from your car." "Oh, here we go!" And the bearded guy at the beginning: "If I'm free to leave I'm free to stay." "No you're not!"
@@123kalbrecht Getting drunk drivers off the streets is a good thing. Violating citizens constitutional rights in doing so is evil. Start using your head.
@@123kalbrecht Problem is they're wasting all their time arresting perfectly sober people, while missing the actual drunk drivers (including lots of government officials).
WHEN YOU REFUSE TO IDENTIFY YOURSELF TO A LAW ENFORCEMENT OFFICER... THEY DON'T KNOW WHO YOU ARE!!! FOR ALL THEY KNOW, YOU MAY BE A MURDERER!!! And when you're sitting outside a bar - Very suspicious... as where do a lot of fights take place at?? A BAR!!!!
And drug sniffing dogs have a spotty record, at best, for sniffing out drugs. They are so eager to please their handler, even the slightest cue will make them “alert” for drugs. One famous case was a drug sniffing dog that alerted 72 straight times, with one instance of drugs actually being present. They are about as reliable as a polygraph.
It is so sad how most officers have deviated from the actual purpose of their job. When I was a Deputy, I never did that stuff. We were encouraged too, but I just couldn’t do it.
2:57 *I like the way he phrased this* _"It's a yes or no, am I being suspected of committing a crime, do you suspect me of committing a crime?"_ going straight to RS, here the officer said _"No."_ Better follow up would be _"Then this detention is illegal"_ rather than the smart arse reply. When the officer changes his story accuse him of lying - he just declared a few seconds earlier he had no RS - you're building the case for your defense attorney.
@@1SCme Not its not. First, what is reasonable? Being an ax murder? And second, suspicion can be completely arbitrary, and cops makeup all kinds of ridiculous reasons to define something as suspicious to give them an excuse to violate someone's right. Did you watch the video? They're both completely in the cop's head, unless he articulates them which forces him to shares their meaning and his understanding. Listen, and leave here a lot smarter than when you arrived.
@@krane15 *You're tipping your cards you know you're wrong,* claiming articulable is the most important but skipping it. *You're displaying the delusional belief that posing a talking point as a question adds support in prose that doesn't exist in reality* - rational people realize reality doesn't work that way.
@@krane15 *You don't know the definition of **_reasonable,_* or it's role in defining RS - you aren't ready to enter a discussion on the topic. *_Reasonable_** doesn't mean what you think it means,* it is what rules out arbitrary and ridiculous reasons for the suspicion.
A video NEEDS to be done that outlines the incentives to arrest. Like you talked about MADD and arrest stats. This needs to include the whole process - officer, prosecutor, court. If we understand the motives for arrests, we can understand and try to avoid. Thanks...
Cops get a raise when they show how (active) they are. Cops could just sit around and do nothing. But that won't earn the stripes. Not to mention the pay to just come to court. That's most likely overtime.
@@greenandgold2185 What your referring to is organized crime. What I'm looking for is an informative video that illustrates the whole process and unique ways this system works the way it does. I have seen that making marajana illegal is not a health or moral issue. Making it illegal has just been used as a tool for controlling a certain population. In this case it's the minority population. But that video has already been done. What I haven't seen is how the whole judicial system is a business/control system, not a justice system. Thanks for your reply...
@@danherrick5785 I see. I guess my answer would be money. As soon as that is added to anything it becomes something else. Justice isn't a motive anymore. Money is. And then greed shortly after. In short, the system is fucked. Why? Just because. Have you seen (zeitgeist ) the movie or Annabellem? or something like that. It explains enough for me. But good luck on getting your explanation
@@greenandgold2185 Remember Sheriff Andy Taylor and Deputy Barnie Fife. This is what real justice was. Money wasn't an issue, only keeping the peace. It was a fairy tale then and it has always been. Please let me stick my head back into the sand. The view was much better there.
What applies to the citizen also applies to the cop. Anyway, never take a field sobriety test. Those things are extremely unreliable and give false reading even when you're not intoxicated. Even so, its enough to get you arrested and valid in court.
@@JayTemple So be it, the alternative of trying to prove the device faulty is worse. A whole lot worse. Besides, what do you think will happen to your license when you're convicted of a DUI?
@@RetroMaticGamerI think he’s confusing it with roadside breathalyzer tests. In a handful of states (like NY) they can force you to take a breathalyzer or have your license revoked and be hit with a massive fine.
The problem with lying is it's addictive. First you tell one lie, then another lie, before you know it you're lying all the time, even at home to your wife and kids, even when someone asks you what time it is, and sooner or later you can't tell the difference between the truth and a lie, and it is at this time that you become a pathological liar.
@@Andrewflusche Mr. Flusche, we need to have an app on our phone that we can use to have our lawyer access our phone and car cameras so they can be right there at the scene with us... At the scene of a stop you are conversing with a legal professional with a firearm and no one is there to help you, maybe through technology your lawyer actually CAN be there at the scene? Would be very comforting for most people.
if a cop tell me i can be an axe murder or so i tell that cop u can be a terrorist threat being a cop how about that game make up things on my life i give it back to u
From cops to prosecutors to grand juries to judges, we are proving our innocence top to bottom. The system is rigged for the oligarchs and they will win. Even when they “lose”, they still win.
While I agree with the premise the it's the cops, prosecutor, ang judge (government) And they definitely tilted the scales in their favor, the burden of proof is still on them.. But that doesn't mean they won't lie steal, cheat and suppress evidence to get an unjust verdict..
@@larrymadden9767 The premise is difficult to ignore. They’ve got us pegged for crimes that haven’t even been committed yet; a mixed bag of hypotheticals and could bes. Watch the show ‘The First 48’ as an example. God forbid those folks on the show have an unprovable alibi like sleeping at 3:00 AM or working for themselves across town. Their head is on the chopping block the entire time. One overzealous cop or prosecutor and you get indicted for something you had absolutely nothing to do with. All the more reason to NEVER give a cop your ID.
I have an experiment... now police officers have right too...so this would have to be done under a terms of employment exemption...Give 1000 K9 cops randomly and without warning a lie detector test and simply ask them two questions.1)Do you have a secret signal for your dog so that he will indicate on a car that there are drugs? 2)Have you ever used it to illegally search a car? If we are honest it is likely that the result would be a horrible failing grade on top of the dogs themselves already getting a failing grade. I am aghast that after testing was done showing your average K9 police dog is only about 52% accurate, that the supreme court said 52% was good enough. 52% was a failing grade on every test I have ever heard of.
Correct me if I’m wrong but a cop on a traffic stop can legally order you out of your car for any reason or no reason at all citing officer safety. You can be arrested for obstruction if you do not comply. Upon exiting your vehicle if you stumble or are unsteady because your old like me and you have been sitting for a while the cop then has enough information to suspect you of dui The best thing you can do in any interaction with the cops when you are driving and get pulled over is to not reach around at all when pulling over to the side of the road. Leave your hands on the steering wheel until the cop comes to the side of your car. If he does not ask you to turn your car off ask him if its ok for you to turn your car off. Doing it before the cop comes to your window gives him suspicion your hiding something because you moved your hand down in the car. Leave your hands on the wheel and always tell the cop what you are doing. License and reg. Ill gladly get those for you I have to go into the glove compartment and I have to get my wallet out of my pants pocket. This lets the cop know you will be moving around in the car. Cop orders you out of the car. Get out of the car. Follow the officers directive. When the cop comes up do not ask why he pulled you over. Do not be hostile. Say as little as possible. When asked if you know why he pulled you over just say no. When asked any questions beyond your license Reg and insurance just state that under advice from your lawyer you will provide documents and follow directives but you will not be answering any questions. You may think that telling the cop your just going home from work is innocent but then he asks where you work and you don’t know but theres been something happening in the area of your work place and you have just made yourself a suspect. License. Reg. Insurance. Follow officer directives. Always tell officer when you are going to move and why. Do not answer questions. Do not be rude. Never do a FST. The cop will either tell you why he stopped you when he gives you a ticket or warning or he may let you go on your way without saying why he stopped you. If that is the case ask for his card. Write the date and time of the encounter on the back of the card. Trust me. You do not ever want to know why this is important but it is very important. You can even call the non emg number the next day and tell them you got pulled over with no explanation and no ticket and would like to know if theres an incident number. You might be surprised to find that there is one. You can request a copy if there is. Contact a lawyer.
@@richb1576 Well of course. The police are the enforcers. Without them, the worst dictate of the worst politician would be no more to either of us than a random person's opinion. If you remove the enforcers, anywhere is free.
Just a few weeks ago I was pulled over. I do have long hair and an extremely long beard. I was asked out of the car because their dog needed more field training. What constitutes a dog entering the scene if there hasn't been any sort of refusal to officers questions? Long story short I was free to go about my business without citation.
BEST rule is NEVER TRUST ANY GOVERNMENT EMPLOYEE or ELECTED OFFICIAL"! This means ANY! From the dog catcher all the way up to the president of the uS. If a government employee has their mouth open they are LYING to you.
I love your content. You remind me of a friend - who’s now deceased - he was a prosecutor for a local municipality. He used to say the same thing as you “exercise your right to remain silent.”
4:09 nailed it. Police lied to me all along while investigating my stolen vehicle report and nothing happened but you bet they tried to drag me through court for lying.
COP: ''I'm smelling an odour comming from your car'' bullshit, ME: ''your mistaking, your smelling shit, and its because ur nose is to close to your mouth.''
In the first clip when the officer says "You're not being detained. You can leave if you want to." Could the driver say "I do not consent to this encounter." the roll the window up, lock the door and continue sitting there?
@Krane What you said about (paraphrased)"cops like to target/ticket thoes who lack financial means to defend themself in court" - Absolutely, TRUE. My town was BAD. Happened to me SO OFTEN, ie. not a Once-Off Random-encounter. If your car looks a little shoddy or Unique. I'm lucky to have an SUV that 'blends in'.
Best lawyer on UA-cam. Yes, I used to be a police officer. We received extensive training on how to manipulate people into incriminating themselves. I will say, however, that I never, and no officer that I ever worked with, ever wanted to arrest innocent people. I had a 98% conviction rate. Most of those cases didn't go to trial. They pled guilty. The 2% that I didn't win were mostly guilty too, but were able to get off because they had a good lawyer like this guy.
Probable cause or reasonable suspicion means nothing when the leadership in law enforcement create these quotas that force cops to violate your rights. If cops performance is based upon number of stops, tickets, arrests, etc. this can put law abiding citizens at grave legal and financial risk.
2:44 is it perfectly legal for a police officer to lie to a non citizen? How does the police officer know if that person is a citizen without some sort of joinder?
A cop is allowed to lie to everyone! It is actively ENCOURAGED by the CROOKED SUPREME COURT! ! Remember Trump and his Republicans put crooks and rapists on the Supreme Court! NOW the Supreme Court is just an arm of the Republican party, no longer an independent part of government. The Supreme Court is just another crooked part of the Republican party. The USA has lowered into a Facist State. DEFUND THE POLICE... Make America a safe place for you to live in.
If a cop pulls you over, he's gonna order you to do a field sobriety test. If you refuse (which you're "legally" allowed to do), he can then use that as PC to arrest you and force you to do a breathalyzer at the station. If you blow a 0.00%, he can still "suspect" you of DUI with an infinite number of substances, many of which are legal, and order you to do a blood test. No matter how innocent you are, if an LEO decides to arrest you, you are going to jail. Lackluster highlighted a story of a stone-cold sober man who lost his FAA license because police arrested him for DUI - he blew a 0.00 and they kept lying to him about what they were doing (ua-cam.com/video/PNfRCSrZAm8/v-deo.html). And I've watched enough court cases to know, prosecutors will charge someone with DUI on the paper-thinnest evidence. So what are citizens supposed to do? It's like a game of sharks and minnows. Is there any legal way to avoid this whole mess other than just not be unlucky enough to be pulled over?
That's a really good question, and seems like there is no answer. If that ever happens to me, I'd tell that that I did not knowingly take any type of mind altering substances, therefore I must have been poisoned, and demand to be taken to the ER for a blood test!!
I volunteered for a police citizen group. My one-on-one trainer was (is) a lieutenant. We're talking, and his eyes got pie-wide when I commented that police are allowed to legally lie. I finally had to admit my legal background (now retired), and since they really couldn't kick me off, I became a dispatcher. FWIW, Bellingham, WA, has a d**n good PD, their motto is "Committed to Community". Sure, there's been some bad apples, and more training is always needed, but they try real hard to stay on good terms with the community.
The dog finding drugs has been proven to be correct only 50% of the time. Only as good as a coin flip. Let's not forget all the false positives on their roadside drug tests
Can you cover about not taking the field sobriety test? I think various states make it mandatory for certain legal restrictions to your driver's license, etc., if you do not comply with the field test. Thanks.
They can threaten to arrest you if you don't comply. Thing is, field test are notoriously unreliable. But once they come back positive (even if its faulty) the system takes it as accurate. And they arrest you anyway. Now you have to fight a fully legal charge.
On one hand, I dont want anybody to fall for their crap but it also sucks that us poor folks cannot afford the attorney to defend us on these so in my town, only wealthy folks "get away with it". They can pressure us poor folks because they know we can't afford a lawyer or the fines were about to pay.
HOLD IT. - - - Andrew Flusche practices law in *Virginia* Check the laws in *your* state. On my driver's license it plainly says "Operation of a motor vehicle constitutes consent to any sobriety test required by law." Yes "required by law" are the weasel words. - - If asked, I would do a FST, because I don't drink and drive. Neither should you.
4:34 I mean if the driver is actually drunk there's a safety issue with them being on the road. What you said is probably true but that's not the only reason for cops to try to trick drunk drivers into providing evidence against themselves. If a cop pursues a DUI case against a sober driver and the charges aren't dropped, that's a problem
That's the one that I always want more information on. Let's say you're not only sober, but you area teetotaler. That is: you DO NOT DRINK ALCOHOL, and have not had any, and thus know you're not drunk. It seems to me that these tactics on youtube videos are going to prolong encounters with the police, as they will take recalcitrance as evidence - maybe not "legal probable cause" evidence, but "suggestions" to their instincts - that there's something to find, so they're going to dig harder. If dishonest, they're doing it for personal gain; if honest, they may be genuinely concerned about letting this evasive possible-drunk go. However, if they're dishonest, and they are more interested in "gotcha games" than anything else, they might take your cooperation and them failing to find anything personally, and try to harm you with their legal power over you as "revenge." So, what is the best way to handle it _if you are 100% sure_ you have 0 illicit substances in your blood or breath or vehilcle, and you really do just want to get on your way? It seems obvious to me that you don't want to consent to unnecessary searches (especially with evidence that some cops actively plant drugs in their "search"), but by the same token, a lot of these tactics seem to be overly confrontational, as well. What's the middle ground, if any?
@@segevstormlord3713 you know what was "overly confrontational"? Detaining me without any reasonable suspicion. "Am I free to go?" isn't confrontational. "Do you suspect me of committing a crime?" isn't confrontational. You have a right to know the answers to those questions.
@@tissuepaper9962 Sure. But the tactics proposed tend to be, "Refuse to engage beyond the bare minimum. Refuse tests of sobriety. Force the officer to ORDER you out of the car if he wants you out; don't comply with mere 'requests,'" that kind of thing. "I don't want to answer that question" or "I refuse to answer questions" or the like is often held up as something you definitely should do. And I fully get that: even if you're innocent of any crimes, anything you say CAN be used against you if they decide it sounds incriminating. But my question is less about "how dare you be overly confrontational?" and more about, "If you know you've done nothing wrong, should you cooperate a little more in order to prove it?" Certainly, getting out and doing "field sobriety tests" is probably a bad idea: "in the officer's judgment, you seemed impaired" is super-duper subjective. You could have zero intoxicating substances in your body and the officer could decide you "looked" like you weren't passing the tests. But what about a breathalyzer? Should you make him take you into the station rather than submit to a field one if you have 0 chance you've got any on your breath, because you _know_ you haven't been drinking? Say you've not had a drop all day, or all month, or ever. Whatever it takes to be 100% certain you "should" blow 0% on the thing. Is it wise to just submit to that test in the field? Or is it still something you should refuse? Should you refrain from telling the officer, if he indicates he suspects your sobriety to be impaired, "Officer, I do not drink and have not had any alcohol?" (Assuming this is a true statement.)
@@segevstormlord3713 field breathalyzers are notorious for never being calibrated. A blood test is much more likely to reflect your actual BAC. Not to mention, that even if you're a teetotaler there are digestive reasons why your BAC might be above 0.00. Gut fermentation is rare, but there's alcohol in many, many foods. Vanilla extract is 40% alcohol, for example. It's not that what you say *can* be used against you, it's that it certainly *will* be used against you, whether you're cooperative and polite or not. It's best to give the officer as little information as is legally possible. Also, this isn't just about getting away as quickly as possible. It's about defending your rights. You're probably right that some amount of cooperation is a good idea if you just want to be on your way, stuff like saying "No" when asked if you've been drinking. The problem I personally have with that is that you're waiving your rights for the sake of convenience. My right to remain silent is worth much more to me than my time, I'd rather force the officer to let me go by not giving him any opportunity to establish reasonable suspicion or probable cause, as opposed to gambling that he'll let me go if I just answer his questions. They *want* you to roll over and answer their leading questions, for fear of retaliation. I choose to take the retaliation and settle it in court. One must make sacrifices in the defense of their rights. There's a very good reason that every lawyer in the country will tell you, without hesitation, "don't talk to police, and don't submit to searches". Police aren't your friends, and they aren't to be trusted. You never need to prove your own innocence to the police, it's better to just keep quiet. If they don't have a reasonable suspicion that you've committed a crime, then they can't hold you, it's that simple. Don't give them the opportunity to establish reasonable suspicion.
@@tissuepaper9962 Oh, it can be. It will, if it is incriminating in any conceivable way. That's why I ask if it _can_ hurt you. Because my rights include my right to my own time. Everything is weighing things in a balance. If my lack of alcohol intake plus willingly submitting to a breath test can get me on my way 20 minutes faster, that's probably worth it if there's 0 risk that the thing can come back with a false positive. Of course, if you're dealing with a cop who is bound and determined to find you guilty of something, there's no way out of it. Even saying the minimum legally required leaves them room to lie. Or, as one officer did to me when he was furious he couldn't give me a DUI ticket, cover up the expiration date on your insurance card with his thumb and claim the issue date is the expiration date and insist it's expired so he could issue a ticket. (I got that thrown out of court, but boy was that cop determined to find SOMETHING.)
"Don't talk to the police" How does this effect a CCW ? Like if I am legally carrying a firearm with a permit. Do I have to answer the officer if I am asked if there are any weapon in the vehicle ? Does it vary state to state or can I just keep quiet ?
The problem with stepping out of the car is that it is an attempt to observe any behavior that could possibly indicate that the driver is possibly impaired, even if it is a simple act of stumbling, or imbalance, like someone who is handicapped or just old, or feeble for whatever reason.
YES; But, they can't testify to anything SPECIFIC that indicated you were under the influence...That type of "testimony", a lawyer can win an objection on. "Are you a licenced physical therapist/Dr...?" "Were you aware my client has a previous injury"...? With the road side "tests"; They can use their training in doing them as their "expert opinion" on why they are relevant...
@@brentfarvors192 my point was that there was no need to take anyone out of the car, and the reason th as t they usually do so is to attempt to gain more and more evidence against you, even if there was none in the first place for them to need to be taken out of the car. .
Hate it when an officer gets butt hurt offended when a citizen asserts their rights, even if they’re being polite. Officers need to have tough skin and just not take it personally
Anyone who volunteers information, or gives information to an approved, legal, and professional liar needs their head examined.. No wonder so many people are in jail....
If a cop uses the "I smell marijuana" card and doesn't find any marijuana he should be forced to pay the victim of the frivolous search for violating their property and wasting their time.
1:25 If you take the field sobriety tests, the cop will always claim you failed, regardless of how you actually performed. Even if your performance is recorded on body camera or on police station surveillance cameras, they know the overwhelming majority of cases end in a diversionary program or guilty plea. The defense attorney (if the defendant has one) will usually not demand recordings. If he does, the police and prosecutor will claim they don't exist and will avoid turning them over to avoid scrutiny by the defense attorney. The defendant generally does not have the mental fortitude and financial resources to hire skilled counsel and especially take the case to trial if need be. Public defenders usually just want to dispose of a case with as little effort as possible, as they are overwhelmed, particularly when the case is a "minor" DUI. This actually happened to me! Faced with threat of a motion to dismiss for spoliation of evidence, the prosecutor did eventually turn over the tapes she insisted didn't exist. The cops wrote in their written sworn report and stated again on the stand at trial that I failed the tests, but the tapes showed that I did them quite well, and the "cues" the cops claimed did not in fact occur. On cross examination, the cops were forced to admit that I did the tests correctly as instructed. (I refused the HGN because video cameras will not document what actually did and didn't happen.) The judge was not at all fazed about the false testimony she had just seen in her courtroom and the cops faced no penalty. The prosecutor also faced no penalty other than the giant waste of her and the court's time the case became when the jury returned a verdict of acquittal. When cops make DUI arrests, MADD gets money from defendants being ordered to attend victim impact panels, where "participation fees" are generally $60 to $125 or more. Sometimes judges order defendants to attend more than one victim impact panel. As you stated, MADD gives awards to the "DUI supercops" who make a large number of arrests and generate the most money for MADD.
Always remember...Unfortunately there are many police officers that will take the "I'll violate your rights now and worry about the consequences later." attitude.
I was just minding my business at the park one day, while I was in between places to live. I'd stay at some place for the night, then go out during the day, if I didn't have to work, so I'd leave the city and go to the nice park out in the country. One day, I was just playing my music, and some snob lady called the cops on me, after she left, just to call them on me for my music! (He told me she called). So, this guy's questioning me, this, that, and the other, then here it comes, "I think I smell weed." I just stared straight into his face, eye to eye, said, "that's the oldest trick in the book. I don't smoke that stuff, and there's no way you're smelling it." So, he mumbled a few things, and left. I'm thinking it was my bold confidence that made him back off.
Here’s another one I was once hit with, “Sir, I just want to be sure that you don’t have any weapons. Is it OK for me to search your car to make sure you’re unarmed?” Now, I didn’t have any weapons on me or in the vehicle, but it is possible that I may have had something else incriminating, but well out of sight. And I DID have something that they could have construed as a weapon (a sharp knife in my cooler for food preparation). Fortunately, I had the wherewithal to refuse the search. Apparently they were permitted to look into the car to see if anything was in plain sight (and one officer went so far as to stick her head in through the open window, while being very careful not to touch any part of the vehicle) but eventually they gave up and let me go.
And this one makes absolutely no sense either. If they are concerned you have a weapon in the vehicle that could pose a threat to them, they could order you (and any passengers) to exit the vehicle.
They are given the right to order you out of your vehicle because it's considered a "minimal" inconvenience for you.. but if you have a disability or other issue which would make getting out of your vehicle in the current area a lot more than just minimally inconvenient are you allowed to decline to exit your vehicle?
I do have a question regarding the field sobriety tests down here in Texas. A few times a year, (usually on major holidays such as Memorial Day, Labor Day and Independence Day for example), they have what's commonly called "No Refusal Weekend" where if you refuse a field test, they will arrest you and then forcibly take your blood for a blood/alcohol level by means of a court ordered warrant. My family, who's been directly effected by a drunk and/or high driver, I can easily understand WHY they do this, but at the same time I believe that it's a direct violation of our 4th Amendment rights
Are we talking about the test where you have to follow the pen with your eyes, walk the line, juggle tennis balls, and dance and Irish jig? You will never pass that test but you can pass or challenge in court the blood/alcohol test. Repeat, no one passes the field sobriety test.
"Even a fish wouldn't get caught if he just kept his mouth shut." Well... I have (and I know other have too) caught many fish while reeling in my line, and hooking them in the side... so it is possible. - - LOL
About 15yrs ago I was arrested by the police here in the UK. A trumped up charge that was later thrown out of court as I had clearly done nothing wrong. That's not the point. After being booked in by the station desk sergeant he said to take me straight for questioning. I refused and demanded a solicitor. First they mocked me, then they threatened me and finally they said it'll take 2 days to find a solicitor so I'll have to rot in the cells. I said fine, I'll wait. I ended up waiting just a few hours. I'm not daft, I'm quite intelligent but I know I'd have no chance against 2 trained officers in an interrogation room. I'd end up doing life after they tricked me into confessing to allsorts. Never, ever think you can outwit the police. They actually love it when people try, it's how they clear off old crimes from their books.
My personal favorite: "I smell an odor." "That is how odors work, Officer. You see images, you hear sounds, you taste flavors, and you smell odors." My answer: "I do not answer any questions, nor do I consent to any searches."
If they claim odor to search without a warrant and find something else illegal that's not marijuana, is that still admissible in court? Because the claim was false if they didn't find weed; can a baseless claim of weed smell give them credibility on anything else they find, when no weed is found?
Unfortunately, it's still admissible. Just because they didn't FIND marijuana doesn't mean that the car doesn't smell like marijuana. That's a big part of the problem.
"How do I know you're not an ax murderer?"
"Well, to be fair, how do I know you're a cop?"
Bad example, "Here is my badge #..." More appropriate: "How do I know you're not a secret serial killer...?" Better to just remain SILENT.
@@brentfarvors192 And how do I know that badge is real? How do I know the badge number is real?
They want to play this game, well, I can play, too.
@@SlimThrull "I could get one of those off the internet."
how do I know you're not a pedophile, rapist, a drunk, or a wife beater?
How do I know you aren't the Angel of Death posing as a police officer?
"I smell marijuana."
"Well maybe you shouldn't smoke on the job. 🤷"
Lmao
I used to say.. So you know what marijuana smells like huh? Just told on yourself didn't you?
@@Bryan-Hensley ofc he knows, he's a cop and deals with DUI, drugs, drug addicts, drug dealers etc. y'all need a better combacks.
"Is the cop speaking? They're lying." Simple.
Yes you are
🤣😂
@@markmalasics3413 is it the smell taste or texture that makes you like licking boots
@@dallasgraf6442 You mean living life like a responsible, mature adult is being a boot licker? Oh well. Let's take that a step further. Is the smell, taste or texture that makes you enjoy getting thrown in the back seat of police cruisers?
How can you tell when cops are lying? Their lips are moving.
Can you cover civil asset forfeiture? That's probably one of the dirtiest tricks the police have.
From what I've read, cops, via civil asset forfeiture, steal more than burglars.
It's dirty all right, but I don't know if it qualifies as a "trick", because it doesn't rely on or depend on your cooperation. The cops just take your stuff and you have to sue to get it back. They don't need to lie to you -- they don't even need to prove you committed a crime.
It's outrageous and shockingly unjust, but there's not much We the People can do about it. 😠
@@Milesco I agree. But, on the other hand, it has gotten a lot of illegal drug proceeds out of circulation.
@@phlushphish793 The ends don't justify the means. Hitler rejuvenated Germany's economy and Mussolini made the trains run on time.
And in any case, it is certainly possible to seize the assets of drug dealers without stomping on the constitutional rights of innocent people. The problem is that law enforcement loves the stream of money that it takes in, and they don't want anything interfering with that.
@@Milesco Yes there is corruption on both sides. If a cop seizes your legally obtained $, at least you have a chance of getting it back after a year of court. If a drug dealer steals your money, though, even if he doesn't kill you...
It's scary really, because any interaction with the police could be nothing more than a setup, and you are being forced to deal with a legal professional with a firearm without anyone licensed in law to help you at the scene.
You say scary, I say terroristic.
Every interaction with a cop is a set up. If they are speaking to you, they are investigating you. They have their own club and we’re not in it.
Test my theory as I have; see four cops eating dinner at a restaurant. Approach their table and offer an innocuous “How are things going, fellas?” They will all look at you like you have leprosy. Usually, they will say nothing. If they do, it will be a short, forced reply before ignoring you.
Stranger with a gun, attitude, and “qualified” immunity.
Probably not wise to play verbal judo with an athlete when you're not even on the high school team , but one of the best things you can remember and tell yourself after everything they say to you is :
They can legally lie to me.
So how much do you trust what he just said?
And that "legal professional" has less knowledge of actual law than many non-cops, PLUS has a bad attitude toward non-cops.
You can’t talk yourself out of an arrest, but you can definitely talk yourself into one!
Cops can illegally arrest you. It is up to the D.A. to determine if you will be prosecuted. Cop faces zero consequences for it.
They can arrest you keeping your mouth shut too. Welcome to USA
❤️ "Even a fish wouldn't get caught if he just kept his mouth shut." ❤️
Amen
Most fish are not caught by mouth.
"I don't consent to any searches, seizures, or questions. If I am not under arrest at this time, go away and leave me alone. Direct any further inquiries to my attorney; I have no further comments at this time."
That is a very arrogant statement to make!!!
@@michaelmcgregor7374, everyone has the right to remain silent; use it. There is nothing arrogant about your/our Constitutional Rights......
Let me see your ID
I would omit "go away and leave me alone," it's unnecessarily provocative. And rephrase the attorney bit. The police are not obligated by any right to direct inquiries to your attorney. They're not going to question your attorney, they're going to question you. The correct way to invoke Sixth Amendment protection is to tell them you will not answer any questions without your attorney present. Seems a wee bit drastic on a traffic stop, though. Just be quiet.
Nah just put them on notice. 4th and 5th amendment. Depending on the situation like give me that crack err i mean ID go off your State's statutes. For instance here in Texas it would be Texas Penal Code 38.02 backed with Brown v. Texas. Assume everything they say as a lie. I would only speak giving them notice that they're in violation as there may be a future lawsuit depending on the situation. Putting them on notice and citing the statute or case sort of kills the "um i don't know" excuse for the cops often removing qualified immunity. After being told the exact statute or case a "reasonable person" would understand. Also they aren't worried about attorneys at this stage. It's really an empty statement.
Good stuff Andrew. A citizen can never be too educated on our rights, and how dangerous the police really are.
A decade ago I warned my father how dangerous the gun and badge thugs had become. He did not agree.
After he, some friends, and some family’s run-ins with the gun and badge thugs in the ensuing years, he now agrees wholeheartedly.
"…how dangerous the police really are." Oh, please. Police put their lives on the line every day.
Would you risk your life to protect somebody you don't even know when they are being assaulted, carjacked, robbed, or shot at? Would you chase after some punk with a gun who committed any one of the above acts? Of course not, big man.
Don't expect our educational system to educate you.
@@Liam_Maddog I think if Uvalde has taught us anything, it's that cops DON'T risk their lives to protect ANYONE.
Rights mean nothing in a corrupt system....
A friend of mine from high school, who is a Sargent detective said when he worked in Milwaukee he would pull over drunks right before his shift ended so he could get overtime for doing paperwork.
We're not friends anymore cuz I'm not a cop. His words.
Sounds like it became more of a club or a lifestyle than a job for him. Almost none of my friends are in the same line of work as me. I understand Esprit De Corps, but that sounds closer to indoctrination or elitism.
You are so much better off anyway
Hopefully none of those drunks who were driving around unfettered during the earlier part of his shift ended up killing anyone.
@@joevignolor4u949 Wow. That was a really good comment! 😉
There are a number of people that I know, who will never be my friends because they are cops.
Don’t be friends with cops. You never know when they will turn and bite you.
Great video. Can you ask a cop; "How do I know you're not lying?"
You can, but I wouldn't. Just stay silent.
@@Andrewflusche it is almost like you need a video of "look at these people poking the bear, don't do that." Well, unless you want to waste time and money.
You can ASK, but they will just lie with the answer...
@Why So Serious? I think the issue that needs to be addressed is most all of the attorney videos are the key
questions. Like; "Am I being detained?" or "Am I free to leave?" The live videos that I have seen when a person at a traffic stop asks the police these questions, the police always refuse
to answer these key questions. It would be great if Andrew Flusche could make a video of what to do or say when the police refuse to answer these key questions.
@@senseofstile That was SO classic with the dude who knew his rights (both of them). "Do you suspect me of committing a crime right now?" "No." "Then I'm free to leave." "I smell marijuana coming from your car." "Oh, here we go!" And the bearded guy at the beginning: "If I'm free to leave I'm free to stay." "No you're not!"
M.A.D.D gives awards to the police for DUI stats? SERIOUSLY? WTF!!! As always Andrew....thanks for the video!!
Yes it’s almost like getting drunk drivers off the streets is a good thing
YEP! I guess I need to do a whole video about that. :)
www.madd.org/virginia/madd-virginia-2021-law-enforcement-award-recipients/
@@123kalbrecht Getting drunk drivers off the streets is a good thing. Violating citizens constitutional rights in doing so is evil. Start using your head.
@@123kalbrecht Problem is they're wasting all their time arresting perfectly sober people, while missing the actual drunk drivers (including lots of government officials).
@@123kalbrecht if that's what it's about why did they partner with multiple cities to ban people from hailing while drunk
"You could be an axe murderer." And the officer could be another round of the Toy-Box Killer. Noses like bloodhounds? Here, noses like Pinocchio.
WHEN YOU REFUSE TO IDENTIFY YOURSELF TO A LAW ENFORCEMENT OFFICER... THEY DON'T KNOW WHO YOU ARE!!! FOR ALL THEY KNOW, YOU MAY BE A MURDERER!!! And when you're sitting outside a bar - Very suspicious... as where do a lot of fights take place at?? A BAR!!!!
And drug sniffing dogs have a spotty record, at best, for sniffing out drugs. They are so eager to please their handler, even the slightest cue will make them “alert” for drugs. One famous case was a drug sniffing dog that alerted 72 straight times, with one instance of drugs actually being present. They are about as reliable as a polygraph.
It is so sad how most officers have deviated from the actual purpose of their job. When I was a Deputy, I never did that stuff. We were encouraged too, but I just couldn’t do it.
Thank you Andrew for your content. You're very helpful and like a breath of fresh air compared to the status quo.
2:57 *I like the way he phrased this* _"It's a yes or no, am I being suspected of committing a crime, do you suspect me of committing a crime?"_ going straight to RS, here the officer said _"No."_ Better follow up would be _"Then this detention is illegal"_ rather than the smart arse reply. When the officer changes his story accuse him of lying - he just declared a few seconds earlier he had no RS - you're building the case for your defense attorney.
Correction: RAS. Remember, the "A" is the most important part. So don't leave it out, or take it for granted.
@@krane15 Reasonable and Suspicion are far more important, as almost any belief is articulable. RS is fine.
@@1SCme Not its not. First, what is reasonable? Being an ax murder? And second, suspicion can be completely arbitrary, and cops makeup all kinds of ridiculous reasons to define something as suspicious to give them an excuse to violate someone's right. Did you watch the video?
They're both completely in the cop's head, unless he articulates them which forces him to shares their meaning and his understanding. Listen, and leave here a lot smarter than when you arrived.
@@krane15 *You're tipping your cards you know you're wrong,* claiming articulable is the most important but skipping it. *You're displaying the delusional belief that posing a talking point as a question adds support in prose that doesn't exist in reality* - rational people realize reality doesn't work that way.
@@krane15 *You don't know the definition of **_reasonable,_* or it's role in defining RS - you aren't ready to enter a discussion on the topic. *_Reasonable_** doesn't mean what you think it means,* it is what rules out arbitrary and ridiculous reasons for the suspicion.
A video NEEDS to be done that outlines the incentives to arrest. Like you talked about MADD and arrest stats. This needs to include the whole process - officer, prosecutor, court. If we understand the motives for arrests, we can understand and try to avoid. Thanks...
Cops get a raise when they show how (active) they are. Cops could just sit around and do nothing. But that won't earn the stripes. Not to mention the pay to just come to court. That's most likely overtime.
@@greenandgold2185 What your referring to is organized crime. What I'm looking for is an informative video that illustrates the whole process and unique ways this system works the way it does. I have seen that making marajana illegal is not a health or moral issue. Making it illegal has just been used as a tool for controlling a certain population. In this case it's the minority population. But that video has already been done. What I haven't seen is how the whole judicial system is a business/control system, not a justice system. Thanks for your reply...
@@danherrick5785 I see. I guess my answer would be money. As soon as that is added to anything it becomes something else. Justice isn't a motive anymore. Money is. And then greed shortly after.
In short, the system is fucked. Why? Just because. Have you seen (zeitgeist ) the movie or Annabellem? or something like that. It explains enough for me.
But good luck on getting your explanation
@@greenandgold2185 Remember Sheriff Andy Taylor and Deputy Barnie Fife. This is what real justice was. Money wasn't an issue, only keeping the peace. It was a fairy tale then and it has always been. Please let me stick my head back into the sand. The view was much better there.
The motive for arrest is revenue....very simple
What applies to the citizen also applies to the cop. Anyway, never take a field sobriety test. Those things are extremely unreliable and give false reading even when you're not intoxicated. Even so, its enough to get you arrested and valid in court.
In some states you can lose your license for refusing just as if you'd failed it.
@@JayTemple So be it, the alternative of trying to prove the device faulty is worse. A whole lot worse. Besides, what do you think will happen to your license when you're convicted of a DUI?
@@JayTemple The right to refuse field sobriety tests comes from the Supreme Court. So no, you can refuse them in any state.
@@RetroMaticGamerI think he’s confusing it with roadside breathalyzer tests. In a handful of states (like NY) they can force you to take a breathalyzer or have your license revoked and be hit with a massive fine.
I just saw a video of a cop telling a person there's two warrants on his car! Not him, his car! I assume all cops are criminal lying liars who lie.
saw that video too, and laughed. a car can be reported stolen, or identified as part of a crime. Is the car going to be hauled in front of a judge?
The problem with lying is it's addictive. First you tell one lie, then another lie, before you know it you're lying all the time, even at home to your wife and kids, even when someone asks you what time it is, and sooner or later you can't tell the difference between the truth and a lie, and it is at this time that you become a pathological liar.
Never trust what the government says. Police are the government.
@@Andrewflusche
Mr. Flusche, we need to have an app on our phone that we can use to have our lawyer access our phone and car cameras so they can be right there at the scene with us... At the scene of a stop you are conversing with a legal professional with a firearm and no one is there to help you, maybe through technology your lawyer actually CAN be there at the scene? Would be very comforting for most people.
@@BillySBC This is the greatest idea since....I dont know, the wheel, sliced bread? Lol where do I send the check?
You know how I know when a cop is lying after I'm pulled over? His lips are moving.
if a cop tell me i can be an axe murder or so i tell that cop u can be a terrorist threat being a cop how about that game make up things on my life i give it back to u
He/She could be texting some lies, at which time their lips aren't moving but the lies still are.
everybody seems to forget that we have the presumption of innocence..
there is absolutely zero burden to us, to prove that we are innocent...
You say that, but it's completely untrue. We are guilty until proven innocent in the usa.
From cops to prosecutors to grand juries to judges, we are proving our innocence top to bottom. The system is rigged for the oligarchs and they will win. Even when they “lose”, they still win.
While I agree with the premise the it's the cops, prosecutor, ang judge (government)
And they definitely tilted the scales in their favor, the burden of proof is still on them..
But that doesn't mean they won't lie steal, cheat and suppress evidence to get an unjust verdict..
@@larrymadden9767
The premise is difficult to ignore. They’ve got us pegged for crimes that haven’t even been committed yet; a mixed bag of hypotheticals and could bes. Watch the show ‘The First 48’ as an example. God forbid those folks on the show have an unprovable alibi like sleeping at 3:00 AM or working for themselves across town. Their head is on the chopping block the entire time. One overzealous cop or prosecutor and you get indicted for something you had absolutely nothing to do with. All the more reason to NEVER give a cop your ID.
@@tinfoilsombrero1439 that's why I would love the citizens to learn about jury nullification..
It needs to be used frequently.
This should be mandatory viewing.
I'm game for that! :)
@@Andrewflusche It would get you a lot of views. You should have used this drunk test:
ua-cam.com/video/unseSFWjuqs/v-deo.html
We need more lawyers like this guy
"You could be an axe murderer."
"And you could have a 3 digit IQ, but neither of those is true."
COP: "You could be an ax murderer."
CITIZEN: "So could you."
Disclaimer: I have never, ever, in my entire lifetime, murdered an ax.
Thank you for showing "we" the people how to look out for these "lines".
Can you call an ambulance if the officer is claiming to smell odors that aren't there? They could be having a stroke!
That is hilarious!. I like your sense of humor.
This is great! Love watching your channel grow!!
I have an experiment... now police officers have right too...so this would have to be done under a terms of employment exemption...Give 1000 K9 cops randomly and without warning a lie detector test and simply ask them two questions.1)Do you have a secret signal for your dog so that he will indicate on a car that there are drugs? 2)Have you ever used it to illegally search a car? If we are honest it is likely that the result would be a horrible failing grade on top of the dogs themselves already getting a failing grade. I am aghast that after testing was done showing your average K9 police dog is only about 52% accurate, that the supreme court said 52% was good enough. 52% was a failing grade on every test I have ever heard of.
Correct me if I’m wrong but a cop on a traffic stop can legally order you out of your car for any reason or no reason at all citing officer safety. You can be arrested for obstruction if you do not comply.
Upon exiting your vehicle if you stumble or are unsteady because your old like me and you have been sitting for a while the cop then has enough information to suspect you of dui
The best thing you can do in any interaction with the cops when you are driving and get pulled over is to not reach around at all when pulling over to the side of the road.
Leave your hands on the steering wheel until the cop comes to the side of your car. If he does not ask you to turn your car off ask him if its ok for you to turn your car off. Doing it before the cop comes to your window gives him suspicion your hiding something because you moved your hand down in the car.
Leave your hands on the wheel and always tell the cop what you are doing.
License and reg.
Ill gladly get those for you I have to go into the glove compartment and I have to get my wallet out of my pants pocket.
This lets the cop know you will be moving around in the car.
Cop orders you out of the car.
Get out of the car. Follow the officers directive.
When the cop comes up do not ask why he pulled you over.
Do not be hostile.
Say as little as possible.
When asked if you know why he pulled you over just say no.
When asked any questions beyond your license Reg and insurance just state that under advice from your lawyer you will provide documents and follow directives but you will not be answering any questions.
You may think that telling the cop your just going home from work is innocent but then he asks where you work and you don’t know but theres been something happening in the area of your work place and you have just made yourself a suspect.
License. Reg. Insurance. Follow officer directives. Always tell officer when you are going to move and why.
Do not answer questions.
Do not be rude.
Never do a FST.
The cop will either tell you why he stopped you when he gives you a ticket or warning or he may let you go on your way without saying why he stopped you.
If that is the case ask for his card.
Write the date and time of the encounter on the back of the card.
Trust me. You do not ever want to know why this is important but it is very important.
You can even call the non emg number the next day and tell them you got pulled over with no explanation and no ticket and would like to know if theres an incident number.
You might be surprised to find that there is one. You can request a copy if there is.
Contact a lawyer.
And that's how you know that America is a free country!
@@BeardOfDan If you cant tell Ive had issues with this.
America is a free country until you involve the police. ☮️
@@richb1576 Well of course. The police are the enforcers. Without them, the worst dictate of the worst politician would be no more to either of us than a random person's opinion.
If you remove the enforcers, anywhere is free.
Thank u sir. U are a wealth of information as gr8 to watch. Best wishes to you ….and ur family….
Just a few weeks ago I was pulled over. I do have long hair and an extremely long beard. I was asked out of the car because their dog needed more field training. What constitutes a dog entering the scene if there hasn't been any sort of refusal to officers questions? Long story short I was free to go about my business without citation.
got to love how they manipulate people
The criminal justice system is big business, and that's how the system works.
BEST rule is NEVER TRUST ANY GOVERNMENT EMPLOYEE or ELECTED OFFICIAL"! This means ANY! From the dog catcher all the way up to the president of the uS.
If a government employee has their mouth open they are LYING to you.
Thanks for your advice you've given here. It is spot on.
I love your content. You remind me of a friend - who’s now deceased - he was a prosecutor for a local municipality. He used to say the same thing as you “exercise your right to remain silent.”
Cop: You could be an ax murderer.
Me: I have NEVER murdered an ax.
4:09 nailed it. Police lied to me all along while investigating my stolen vehicle report and nothing happened but you bet they tried to drag me through court for lying.
I had a cop lie in court over a traffic ticket. Said I was weaving when I was driving straight as an arrow.
COP: ''I'm smelling an odour comming from your car'' bullshit, ME: ''your mistaking, your smelling shit, and its because ur nose is to close to your mouth.''
"Nothing you say can help you in court"
-The better, more accurate version of the Miranda Rights.
If a cop ever mistreats you and you fight back, you have no where to run to. The whole department
takes his side.
In the first clip when the officer says "You're not being detained. You can leave if you want to." Could the driver say "I do not consent to this encounter." the roll the window up, lock the door and continue sitting there?
@Krane What you said about (paraphrased)"cops like to target/ticket thoes who lack financial means to defend themself in court" - Absolutely, TRUE. My town was BAD. Happened to me SO OFTEN, ie. not a Once-Off Random-encounter. If your car looks a little shoddy or Unique. I'm lucky to have an SUV that 'blends in'.
" I want to know who I'm dealin' with ,Ya'll could be an axe murderer". " Naaah ! I gave that up months ago"...
That would be me.
I'd reply with, "So can you! I've seen TV shows where cops are killers in their spare time."
Was he saying ask(aks) or axe?
@@artmallory970 AXE 🪓
@@artmallory970 Axe murderer
Love your videos, thanks for making them
Best lawyer on UA-cam. Yes, I used to be a police officer. We received extensive training on how to manipulate people into incriminating themselves. I will say, however, that I never, and no officer that I ever worked with, ever wanted to arrest innocent people. I had a 98% conviction rate. Most of those cases didn't go to trial. They pled guilty. The 2% that I didn't win were mostly guilty too, but were able to get off because they had a good lawyer like this guy.
Probable cause or reasonable suspicion means nothing when the leadership in law enforcement create these quotas that force cops to violate your rights. If cops performance is based upon number of stops, tickets, arrests, etc. this can put law abiding citizens at grave legal and financial risk.
An axe murder? Who still commits murder with an axe? 😂😂😂 they’ll say anything
I don't even own an axe. He should update his accusation to: CHAINSAW MURDERER
2:44 is it perfectly legal for a police officer to lie to a non citizen? How does the police officer know if that person is a citizen without some sort of joinder?
A cop is allowed to lie to everyone! It is actively ENCOURAGED by the CROOKED SUPREME COURT! ! Remember Trump and his Republicans put crooks and rapists on the Supreme Court! NOW the Supreme Court is just an arm of the Republican party, no longer an independent part of government. The Supreme Court is just another crooked part of the Republican party. The USA has lowered into a Facist State.
DEFUND THE POLICE...
Make America a safe place for you to live in.
Never trust the police with anything they say. My grandfather had an old saying. That saying was I trust a policeman as far as I could throw a piano
Great Videos and Great Advice as always . Keep up the Great Work !
Once someone lies to me about something serious, they'll always be lying trash in my eyes. It doesn't matter who it is.
Its not an odor it's an aroma .
LOL!!!
Remain Silent, remain silent, you have the right to.
All the record keeping on drug dogs I hav seen gives their abilities about on par with flipping a coin.
Steve Letho did a story about a drug dog that hit 100% of the time it was brought around a car.
We have a wonderful system do we know?
If a cop pulls you over, he's gonna order you to do a field sobriety test. If you refuse (which you're "legally" allowed to do), he can then use that as PC to arrest you and force you to do a breathalyzer at the station. If you blow a 0.00%, he can still "suspect" you of DUI with an infinite number of substances, many of which are legal, and order you to do a blood test. No matter how innocent you are, if an LEO decides to arrest you, you are going to jail. Lackluster highlighted a story of a stone-cold sober man who lost his FAA license because police arrested him for DUI - he blew a 0.00 and they kept lying to him about what they were doing (ua-cam.com/video/PNfRCSrZAm8/v-deo.html). And I've watched enough court cases to know, prosecutors will charge someone with DUI on the paper-thinnest evidence. So what are citizens supposed to do? It's like a game of sharks and minnows. Is there any legal way to avoid this whole mess other than just not be unlucky enough to be pulled over?
That's a really good question, and seems like there is no answer. If that ever happens to me, I'd tell that that I did not knowingly take any type of mind altering substances, therefore I must have been poisoned, and demand to be taken to the ER for a blood test!!
I volunteered for a police citizen group. My one-on-one trainer was (is) a lieutenant. We're talking, and his eyes got pie-wide when I commented that police are allowed to legally lie. I finally had to admit my legal background (now retired), and since they really couldn't kick me off, I became a dispatcher. FWIW, Bellingham, WA, has a d**n good PD, their motto is "Committed to Community". Sure, there's been some bad apples, and more training is always needed, but they try real hard to stay on good terms with the community.
The only way law enforcement could stay on good terms with the community is'; when they fail; is not to try to still look good.
The only "good cops" to ever exist are those who turn in the criminal ones. In other words, "good cops" are a fucking myth.
Cop: "I smell marijuana"
Me: "Yeah I'm not sure where that skunk has sprayed, but it isn't me"
"Your friend already told us everything." or "We just wanna help."
The dog finding drugs has been proven to be correct only 50% of the time. Only as good as a coin flip. Let's not forget all the false positives on their roadside drug tests
"I do NOT answer questions" "AM I FREE TO GO?"
Can you cover about not taking the field sobriety test? I think various states make it mandatory for certain legal restrictions to your driver's license, etc., if you do not comply with the field test. Thanks.
They can threaten to arrest you if you don't comply. Thing is, field test are notoriously unreliable. But once they come back positive (even if its faulty) the system takes it as accurate. And they arrest you anyway. Now you have to fight a fully legal charge.
On one hand, I dont want anybody to fall for their crap but it also sucks that us poor folks cannot afford the attorney to defend us on these so in my town, only wealthy folks "get away with it". They can pressure us poor folks because they know we can't afford a lawyer or the fines were about to pay.
HOLD IT. - - - Andrew Flusche practices law in *Virginia* Check the laws in *your* state.
On my driver's license it plainly says "Operation of a motor vehicle constitutes consent to any sobriety test required by law."
Yes "required by law" are the weasel words. - - If asked, I would do a FST, because I don't drink and drive. Neither should you.
This is the best channel, subscribed.
Cop: "i smell an odor in your car."
"ooh, sorry. We had tacos last night." 🐈💨
"I swear to uphold and defend the Constitution"
'I smell the odor of marijuana'
'No that's probably the dead skunk a few miles back.'
He’s almost like Bill Nye the science guy about law!!! LoL 😂 keep it up
Slipin Fulucie, low key best channel on UA-cam
Cops assume you are guilty. They have no legal authority to tell you to put your hands on the steering wheel - because that’s an assumption of guilt.
4:34 I mean if the driver is actually drunk there's a safety issue with them being on the road. What you said is probably true but that's not the only reason for cops to try to trick drunk drivers into providing evidence against themselves. If a cop pursues a DUI case against a sober driver and the charges aren't dropped, that's a problem
That's the one that I always want more information on. Let's say you're not only sober, but you area teetotaler. That is: you DO NOT DRINK ALCOHOL, and have not had any, and thus know you're not drunk. It seems to me that these tactics on youtube videos are going to prolong encounters with the police, as they will take recalcitrance as evidence - maybe not "legal probable cause" evidence, but "suggestions" to their instincts - that there's something to find, so they're going to dig harder.
If dishonest, they're doing it for personal gain; if honest, they may be genuinely concerned about letting this evasive possible-drunk go. However, if they're dishonest, and they are more interested in "gotcha games" than anything else, they might take your cooperation and them failing to find anything personally, and try to harm you with their legal power over you as "revenge."
So, what is the best way to handle it _if you are 100% sure_ you have 0 illicit substances in your blood or breath or vehilcle, and you really do just want to get on your way? It seems obvious to me that you don't want to consent to unnecessary searches (especially with evidence that some cops actively plant drugs in their "search"), but by the same token, a lot of these tactics seem to be overly confrontational, as well. What's the middle ground, if any?
@@segevstormlord3713 you know what was "overly confrontational"? Detaining me without any reasonable suspicion.
"Am I free to go?" isn't confrontational. "Do you suspect me of committing a crime?" isn't confrontational. You have a right to know the answers to those questions.
@@tissuepaper9962 Sure. But the tactics proposed tend to be, "Refuse to engage beyond the bare minimum. Refuse tests of sobriety. Force the officer to ORDER you out of the car if he wants you out; don't comply with mere 'requests,'" that kind of thing.
"I don't want to answer that question" or "I refuse to answer questions" or the like is often held up as something you definitely should do. And I fully get that: even if you're innocent of any crimes, anything you say CAN be used against you if they decide it sounds incriminating.
But my question is less about "how dare you be overly confrontational?" and more about, "If you know you've done nothing wrong, should you cooperate a little more in order to prove it?"
Certainly, getting out and doing "field sobriety tests" is probably a bad idea: "in the officer's judgment, you seemed impaired" is super-duper subjective. You could have zero intoxicating substances in your body and the officer could decide you "looked" like you weren't passing the tests. But what about a breathalyzer? Should you make him take you into the station rather than submit to a field one if you have 0 chance you've got any on your breath, because you _know_ you haven't been drinking? Say you've not had a drop all day, or all month, or ever. Whatever it takes to be 100% certain you "should" blow 0% on the thing. Is it wise to just submit to that test in the field? Or is it still something you should refuse?
Should you refrain from telling the officer, if he indicates he suspects your sobriety to be impaired, "Officer, I do not drink and have not had any alcohol?" (Assuming this is a true statement.)
@@segevstormlord3713 field breathalyzers are notorious for never being calibrated. A blood test is much more likely to reflect your actual BAC. Not to mention, that even if you're a teetotaler there are digestive reasons why your BAC might be above 0.00. Gut fermentation is rare, but there's alcohol in many, many foods. Vanilla extract is 40% alcohol, for example.
It's not that what you say *can* be used against you, it's that it certainly *will* be used against you, whether you're cooperative and polite or not. It's best to give the officer as little information as is legally possible.
Also, this isn't just about getting away as quickly as possible. It's about defending your rights. You're probably right that some amount of cooperation is a good idea if you just want to be on your way, stuff like saying "No" when asked if you've been drinking. The problem I personally have with that is that you're waiving your rights for the sake of convenience. My right to remain silent is worth much more to me than my time, I'd rather force the officer to let me go by not giving him any opportunity to establish reasonable suspicion or probable cause, as opposed to gambling that he'll let me go if I just answer his questions. They *want* you to roll over and answer their leading questions, for fear of retaliation. I choose to take the retaliation and settle it in court. One must make sacrifices in the defense of their rights.
There's a very good reason that every lawyer in the country will tell you, without hesitation, "don't talk to police, and don't submit to searches". Police aren't your friends, and they aren't to be trusted. You never need to prove your own innocence to the police, it's better to just keep quiet. If they don't have a reasonable suspicion that you've committed a crime, then they can't hold you, it's that simple. Don't give them the opportunity to establish reasonable suspicion.
@@tissuepaper9962 Oh, it can be. It will, if it is incriminating in any conceivable way. That's why I ask if it _can_ hurt you. Because my rights include my right to my own time. Everything is weighing things in a balance. If my lack of alcohol intake plus willingly submitting to a breath test can get me on my way 20 minutes faster, that's probably worth it if there's 0 risk that the thing can come back with a false positive.
Of course, if you're dealing with a cop who is bound and determined to find you guilty of something, there's no way out of it. Even saying the minimum legally required leaves them room to lie. Or, as one officer did to me when he was furious he couldn't give me a DUI ticket, cover up the expiration date on your insurance card with his thumb and claim the issue date is the expiration date and insist it's expired so he could issue a ticket. (I got that thrown out of court, but boy was that cop determined to find SOMETHING.)
"Don't talk to the police" How does this effect a CCW ? Like if I am legally carrying a firearm with a permit. Do I have to answer the officer if I am asked if there are any weapon in the vehicle ? Does it vary state to state or can I just keep quiet ?
The problem with stepping out of the car is that it is an attempt to observe any behavior that could possibly indicate that the driver is possibly impaired, even if it is a simple act of stumbling, or imbalance, like someone who is handicapped or just old, or feeble for whatever reason.
YES; But, they can't testify to anything SPECIFIC that indicated you were under the influence...That type of "testimony", a lawyer can win an objection on. "Are you a licenced physical therapist/Dr...?" "Were you aware my client has a previous injury"...? With the road side "tests"; They can use their training in doing them as their "expert opinion" on why they are relevant...
@@brentfarvors192 my point was that there was no need to take anyone out of the car, and the reason th as t they usually do so is to attempt to gain more and more evidence against you, even if there was none in the first place for them to need to be taken out of the car. .
@@kimdearrington258 Won't disagree with you there...
Hate it when an officer gets butt hurt offended when a citizen asserts their rights, even if they’re being polite. Officers need to have tough skin and just not take it personally
Cops are just the opposite. That's why they choose their profession. Stop thinking what should happen, and focus on what can happen.
i love this channel. thank you for taking time to make these videos
Cop: "You could be an ax murder"
Me: "And you could be a road pirate"☠️
Actually, he could be an ax murder too.
Anyone who volunteers information, or gives information to an approved, legal, and professional liar needs their head examined.. No wonder so many people are in jail....
If a cop uses the "I smell marijuana" card and doesn't find any marijuana he should be forced to pay the victim of the frivolous search for violating their property and wasting their time.
1:25 If you take the field sobriety tests, the cop will always claim you failed, regardless of how you actually performed. Even if your performance is recorded on body camera or on police station surveillance cameras, they know the overwhelming majority of cases end in a diversionary program or guilty plea. The defense attorney (if the defendant has one) will usually not demand recordings. If he does, the police and prosecutor will claim they don't exist and will avoid turning them over to avoid scrutiny by the defense attorney. The defendant generally does not have the mental fortitude and financial resources to hire skilled counsel and especially take the case to trial if need be. Public defenders usually just want to dispose of a case with as little effort as possible, as they are overwhelmed, particularly when the case is a "minor" DUI.
This actually happened to me! Faced with threat of a motion to dismiss for spoliation of evidence, the prosecutor did eventually turn over the tapes she insisted didn't exist. The cops wrote in their written sworn report and stated again on the stand at trial that I failed the tests, but the tapes showed that I did them quite well, and the "cues" the cops claimed did not in fact occur. On cross examination, the cops were forced to admit that I did the tests correctly as instructed. (I refused the HGN because video cameras will not document what actually did and didn't happen.) The judge was not at all fazed about the false testimony she had just seen in her courtroom and the cops faced no penalty. The prosecutor also faced no penalty other than the giant waste of her and the court's time the case became when the jury returned a verdict of acquittal.
When cops make DUI arrests, MADD gets money from defendants being ordered to attend victim impact panels, where "participation fees" are generally $60 to $125 or more. Sometimes judges order defendants to attend more than one victim impact panel. As you stated, MADD gives awards to the "DUI supercops" who make a large number of arrests and generate the most money for MADD.
*THE POLICE ARE ALLOWED TO LIE...A GIFT FROM THE SUPREME COURT*
Always remember...Unfortunately there are many police officers that will take the "I'll violate your rights now and worry about the consequences later." attitude.
Doesn't look like one bad apple, but a whole bunch of them.
I was just minding my business at the park one day, while I was in between places to live. I'd stay at some place for the night, then go out during the day, if I didn't have to work, so I'd leave the city and go to the nice park out in the country. One day, I was just playing my music, and some snob lady called the cops on me, after she left, just to call them on me for my music! (He told me she called). So, this guy's questioning me, this, that, and the other, then here it comes, "I think I smell weed." I just stared straight into his face, eye to eye, said, "that's the oldest trick in the book. I don't smoke that stuff, and there's no way you're smelling it." So, he mumbled a few things, and left. I'm thinking it was my bold confidence that made him back off.
Here’s another one I was once hit with, “Sir, I just want to be sure that you don’t have any weapons. Is it OK for me to search your car to make sure you’re unarmed?” Now, I didn’t have any weapons on me or in the vehicle, but it is possible that I may have had something else incriminating, but well out of sight. And I DID have something that they could have construed as a weapon (a sharp knife in my cooler for food preparation).
Fortunately, I had the wherewithal to refuse the search. Apparently they were permitted to look into the car to see if anything was in plain sight (and one officer went so far as to stick her head in through the open window, while being very careful not to touch any part of the vehicle) but eventually they gave up and let me go.
And this one makes absolutely no sense either. If they are concerned you have a weapon in the vehicle that could pose a threat to them, they could order you (and any passengers) to exit the vehicle.
My dad was a Memphis Police officer and a Tn State Trooper. I know all about their tactics because I grew up living like a suspected criminal 24 / 7 .
Get therapy, no joke.
@@Pfsif I don't need therapy. 👍
They are given the right to order you out of your vehicle because it's considered a "minimal" inconvenience for you.. but if you have a disability or other issue which would make getting out of your vehicle in the current area a lot more than just minimally inconvenient are you allowed to decline to exit your vehicle?
We need to end qualified emunity.
When you get the odor line, sniff in his direction and say, "I suggest you take a shower".
I do have a question regarding the field sobriety tests down here in Texas. A few times a year, (usually on major holidays such as Memorial Day, Labor Day and Independence Day for example), they have what's commonly called "No Refusal Weekend" where if you refuse a field test, they will arrest you and then forcibly take your blood for a blood/alcohol level by means of a court ordered warrant.
My family, who's been directly effected by a drunk and/or high driver, I can easily understand WHY they do this, but at the same time I believe that it's a direct violation of our 4th Amendment rights
Are we talking about the test where you have to follow the pen with your eyes, walk the line, juggle tennis balls, and dance and Irish jig? You will never pass that test but you can pass or challenge in court the blood/alcohol test.
Repeat, no one passes the field sobriety test.
"Even a fish wouldn't get caught if he just kept his mouth shut." Well... I have (and I know other have too) caught many fish while reeling in my line, and hooking them in the side... so it is possible. - - LOL
"We got a call."
"In these days and times..."
"We're not IDing you, we're just making sure you are who you are."
And the list goes on.
Exactly! Kick rocks.
Andrew Flusche deserves the Nobel Peace Prize
About 15yrs ago I was arrested by the police here in the UK. A trumped up charge that was later thrown out of court as I had clearly done nothing wrong. That's not the point.
After being booked in by the station desk sergeant he said to take me straight for questioning. I refused and demanded a solicitor. First they mocked me, then they threatened me and finally they said it'll take 2 days to find a solicitor so I'll have to rot in the cells. I said fine, I'll wait. I ended up waiting just a few hours.
I'm not daft, I'm quite intelligent but I know I'd have no chance against 2 trained officers in an interrogation room. I'd end up doing life after they tricked me into confessing to allsorts.
Never, ever think you can outwit the police. They actually love it when people try, it's how they clear off old crimes from their books.
My personal favorite: "I smell an odor."
"That is how odors work, Officer. You see images, you hear sounds, you taste flavors, and you smell odors."
My answer: "I do not answer any questions, nor do I consent to any searches."
Cop: I smell an odor
Citizen: me too. Smells like dirty cop.
I don't answer questions. I invoke my fifth amendment right to remain silent. I want to speak to my lawyer.
If they claim odor to search without a warrant and find something else illegal that's not marijuana, is that still admissible in court?
Because the claim was false if they didn't find weed; can a baseless claim of weed smell give them credibility on anything else they find, when no weed is found?
Unfortunately, it's still admissible. Just because they didn't FIND marijuana doesn't mean that the car doesn't smell like marijuana. That's a big part of the problem.
Answer cop questions with a question. "Do you know how fast you were going?" "How fast was I going?" Do not say how fast you were going.