"The officer believes that she has detailed you lawfully." There isn't an expectation that police understand the laws. They can detain you unlawfully and there will be no consequences for the officer.
Exactly, they are 'trained' to choose a person at random, to harass and terrorize, so they can practice their 'training' in an environment outside the classroom, where the textbook answers WILL NOT apply. This is one of the reasons why multiple officers WILL always respond, to learn from real world interactions, and where they are NOT constrained by the officer in the classroom pretending to be a victim.
@@eq1373 Which part am I wrong about? SCOTUS has said cops don't need to actually understand the laws to enforce them. Cops get away with killing unarmed civilians regularly. A "false arrest" wouldn't even make the news.
Police can basically waste anyone's lifetime and get them to a higher stress level because they dont care after that particular day and you will go to people whos work is in court so you will suffer.. Waste of Time
When ordered to get out of your car, you should comply while stating "I don't consent, but I am doing it under protest and under duress." You should always video all interactions with police for your protection.
I certainly hope its never needed, but I bought some "recording the police" insurance. I added a remotely on/off Garmin Mini dashcam to the right side passenger A pillar at the windshield. Its smaller than an Airpod case, captures video and audio. Well worth the peace of mind it brings for the $100 cost. Mr. Flusche recommends dash cams too.
@@im2501 If there IS such an "app" it's likely very new and has glitches in it that a prosecutor can exploit to discredit it, besides which, even with video of the officer's behavior, they're STILL more likely to get exonerated instead of convicted.
Witnesses help. And in common law court against officer the other officers can be your witness n they don't get to bring their lawyer. Just that the corrupt system doesn't want to support common law courtrooms cuz it shows real law at work and not the act of getting out of a process.
Andrew. after listening to your entire explanation on "opening/leaving the door open versus closing/locking", I still need to ask this. At the risk of making the cop mad, it still seems to me, there's an advantage in closing & trying to lock the car versus leaving it open. If I can lessen the cops access/view to anything in my car, I want to. Under Plain View Doctrine, the cop could more easily reach in regardless of unlawful, and look under a towel/cover or even inside my closed console when he has access through the door. We all know not every order or command is lawful, and they will lie and stretch the law to serve their purposes. For you sir, (no disrespect intended) its easy to say go to court (you are paid) and let the court decide. But I am looking for those advantages that I can execute before/UP to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to minimize my risk to those actions.
I live in Chesterfield VA, when I first moved here in 2013 I was on my way home from work on the motorcycle and rolled up on a 100% checkpoint. I was having a bad day and didn't feel like playing fuck fuck games. The officer asked me to turn off the bike and I did then he asked if I had a valid M endorsement on my license and I replied yes. Then he asked if I could provide proof of insurance registration and my license. I refused and asked him if I fit the description of a known criminal? He replied no we are checking everyone today. I asked to speak to a supervisor. He then asked me to pull forward and to the right to the median. I did, a Sargent approached me and asked me the same thing saying we are checking everyone on the road in this area but he also asked me to take off my helmet. I said to him do I fit the description of a known criminal and run the plates if it the bike comes up hot then arrest me... he said thank you and your free to go.
Buddy, I with you on being questioned less by police, especiallly when on my motorcycle. I 'dress for the crash' and it would be like unwrapping a Mummy to get to my wallet/ID. I keep Registration and Insurance papers in a side bag now, but anything else in tucked in deep. I flip my face shields up, but hate pullin off my helmet as it is tight, and I also have ear plugs, a sweat guard and a head rag for comfort. Also, Cops seem to be overly ready to 'dump' you when stopped. I had one Officer place his hand on my handle bars, and threaten to dump me if I didn't hurry up with his requests. My bike weights 964 lbs! My guess is, they'd do the same to a wheel chair guy!
@@johnshields9110 EDIT: I PULLED A FUCKY WUCKY. NVM my stupid question. Okay. big question: why are you 964 pounds? Are you a bodybuilder or a TLC documentary obese person? Either way, i think it would be hard to ride a bike lol
@@UBvtuber "Why are you 964 lbs? I think it would be hard to ride a bike." Apparently you also find reading comprehension hard. They said the bike is 964 lbs.
I'd stay here and gush all day but I'm busy. I'll keep it short with "Thank you, brother for looking after us. We love and appreciate all that you do to protect us. Keep doing what you do, sir. BIG FAN!"
@@mikeschinkel It's the truth. Life in this realm is our punishment for sin. It's not supposed to be great...but the trials and tribulations we all face here will become a lot easier to cope with when you place your faith in Christ Jesus. _"Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. For my yoke is easy, and my burden is light."_ Matthew 11:29-30
@@alphaforce6998 - If may be the true in your reality, but it is not the truth in mine. Or said another way, believe what you want to believe, just don't be trying to impose it on me. BTW, your reply was still a total non sequitur in response to that which you replied to.
This is all color of law, (traffic code), which isn't even law, why isn't this attorney explain all this. You haven't broken anything if traffic code, not even law. Problem is this color of law crap is how they make all their revenue,...get it?....It's all a lie really, a made up system to create offenders thereby reaping the revenue have you ever heard of policing for profit?... and besides a license is for commercial drivers, if your not driving commercially then there is no need of a license. Terminology is a big factor in courts and sad to say you can be right as rain all day long with these traffic cops cause they don't know the real law, just color of law. Its entirely a predatory system to create revenue, that's all it is really, and it's not even law, go figure.
Regarding rolling up the window and locking the door, what if your concern is if they arrest you and leave the car unattended with an open window and unlocked making it might likely someone will steal things inside or even steal the car?
I understand envoking "The 5th". However, when asked "Do you have any weapons in your vehicle?", even if you don't, wouldn't saying nothing raise reasonable suspension to search? In addition, couldn't many items in your vehicle be used as a weapon like a pen to poke, a bat to hit, a steleto to stab, a belt to whip? So when does a item become a weapon? Thank you.
In criminal cases, pleading the 5th cannot be used as evidence against you, cannot form the basis for RS, and cannot form the basis for PC. The only exception I am aware of is some loitering laws, but that's a whole other topic. Note in civil cases, pleading the 5th can be used against you. The legal definition of weapon varies by jurisdiction, but using a general example: _A firearm, or a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, _*_in the manner it is used, or intended to be used,_*_ is capable of producing death or serious bodily injury._ A sword, throwing stars, pistol, police baton, etc. would be considered weapons because that is their intended use. Your examples of pen, bat, stiletto, or belt wouldn't be considered a weapon unless you actually used them as a weapon in an assault.
@@1SCme , thanks for your reply. The "intended use" is what I thought I'd hear. I'm always leary of that question because I've seen enough movies and read enough books where clever, experienced and/or desperate people have created and utilized items outside of their original intended use to threaten, attack and/or neutralize others.
@@mrpricklypear22 Unless you have a firearm, or have a substantial knife on your person the answer to the question is "no". Any other answer, including invoking your right to remain silent, is just plain stupid. If you have a legal weapon answering truthfully may reduce your chances of getting a ticket, or maybe even shot. If the cops discover something else and want to argue that it's a weapon the argument happens in court, and unless you were actually using or threatening to use something as a weapon when it has other legitimate uses it almost certainly isn't a weapon.
They only make those decisions because they know they will never apply to them. Their position has put them way above the law, and us commoners are forced to fight in their game.
Drivers who exit their vehicle are often hit by traffic. Every driver's ed book says people should stay in their car. SCOTUS response, "We don't care about people's safety."
Yes we do. I am hopeful that the newest Supreme Court Justice, a lady of color, is going to bring some different perspectives and decisions that will overturn many of those police protection guarantees, qualified immunities, and "its okay for cops to lie" attitudes. Fingers and toes crossed.
@@obijuan- Need two more after her to change anything and that is not happening. Even if one of the six retires or passes away, you think Manchin would support a tack towards more individual rights. Only if LEOs start staking out country clubs and popping those leaving will you get any change. The laws supporting pretextual stops only apply to the little folks.
One other question that may be important I work for a defense contractor and sometimes carry sensitive documents with me in the car. Do I have to allow police to search my car and my briefcase carrying the documents? The problem is that if you're illegally detained, you still have to shell out money for a lawyer, car getting towed, lost wages, ... , and there is zero chance of you ever getting reimbursed.
I love your vids! Very informative, very professional. As a disabled Veteran with significant mobility issues I have often wondered how should I handle the situation if I’m ever stopped by the police. Now I know. Thanks very much. One comment regarding wearing the US flag patch (I’m glad you wear it), the stars should be facing forward.
Jerry - way back when I was deployed, stars forward meant deploying troops. Stars to the left was simply the flag. I don’t know if that has changed. Personally I like the designation difference, since 90% of these people probably haven’t served much less deployed.
That's how I've always understood it. When displaying, but not flying the US flag, the field of blue always goes in the upper left hand corner, regardless of which direction the stripes are pointed. Exception: when its a patch on military uniforms for reasons previously stated.
The tinfoil is suppose to protect you from harmful stuff, not reality. Case law is what the courts refer to as "the law" and Mimms is from the one court that can't be overruled by other courts. There's always a possibility that SCOTUS could overrule itself or clarify some points in regards to a previous case but Mimms is fairly straightforward.
I love that despite our "rights", we have to get bullied out of our cars (even when the stormtrooper can't articulate an actual crime), deal with that bs & be late for wherever we were going or worse (station) & all we can do about it is spend the day in court trying to prove we shouldn't have had to do any of that - our word against a cop's. No wonder people don't "just comply". There are people that get this treatment often & they get sick of it.
EXCELLENT Vids and information - As a certified firearms instructor - I took instructor courses with LEO's. I am not - but the ones I took the courses with ALL yes ALL told me when talking about these topics that often times THEY TRY to get the person to NOT speak - one of the ones I took one instructor course with actually said he TOLD the subject NOT to talk to him and the person kept trying to - so your videos DO help with GREAT information
My mother is Teresa and she’s been asked to exit the car numerous times. But seriously… we have multiple police jurisdictions near me. One of them likes to cross the line & sit in a business parking lot watching a 5 way intersection. My question are this…. What is your thoughts on police setting up traps from another jurisdiction. Also- some stop signs are technically in another jurisdiction. Do they have rights to give tickets if you fail to stop at a sign that’s posted in other area?
The people of America need these types of men and videos to educate them on a system geared towards abusing you. Thank you Andrew for setting a high standard and helping to educate the public on rights the already have.
Thanks Andrew! I really appreciate the different scenarios you present and have had a few encounters, as we all have. I believe it is possible to be courteous and still protect your rights. It is a slippery slope with no guard rails, especially DUI.
5:54 correct me if I'm wrong, but if they decide in the private carpark you are drunk, they can then arrest you for DUI under the assumption that you had to drive to the carpark, and had thus committed an offence.
The video is genius. You were spot on addressing the police sycophant and his ridiculous advice. I don’t tell a police lover how to handle his police encounter, so how dare they tell me. I’ll be taking the advice of a defense attorney.
Part of the danger with rolling up the window or closing the door is that officers might try the foot in door trick. If you roll up your window, they might stick their hand in the window. If you keep rolling it up, they "can" arrest you for assaulting an officer.
Every time I watch one of your comments, I feel compelled to make sure I'm subscribed. Those accusing you of click bait can do a self-posterier lip application.
Seems to me that denying a request is a short path to an arrest. While it may provide the most protection when you do get arrested, it would be safer and better never to be arrested in the first place. If there is no reason for them to arrest you, for example if they suspect dwi but you are 100% alcohol and drug free, compliance will probably get them to leave you alone 9 times out of 10 or at worst give you a ticket for reckless driving or whatever they saw. If they do arrest you anyway, there's no way they could use a clean tesr against you
Questions about police stops: What protocols should civilians follow if they wish to be pulled over in a safer environment, such as a well-lit parking lot, a crowded store, etc? Obviously, driving for too long is a bad move, but I also shudder at the idea of being pulled over on the side of a 4-lane highway with vehicles doing 80 MPH. What can we do to signal to the officer(s) that we intend to comply and aren't avoiding the stop, but that we want to get to an area that's safer for both parties? Another good video idea might be for how to handle police stops while (legally) concealed carrying. What to say to the officer to ensure you're being truthful while also not giving them any cause for alarm, how to handle hand movements and gestures, etc. Great vids, thanks!
I have seen a video where the suspect vehicle put on the flashers in the situation you described. The LEO PITed the car within a minute, although he was later reprimanded. The short answer is cops think lights mean immediately
@@jeffreypierson2064 He was reprimanded after a national outcry. Look at the first press release after it happened. Then the PIT was a ok. It shouldn't have to go viral to preserve our rights.
Several times have I told an officer no, I am challenging Pennsylvania vs mimms. I explained that it is illogical to remove somebody who's behind a steel barrier, namely my car door and place the two of us eye-to-eye for your "safety". That doesn't make sense. Explain how me sitting here politely is a danger. So far not one cop has taken the bait. When you tell them you are challenging the memes decision, grab your steering wheel of both hands and say do what you got to do I want this in front of the jury. They always back off. The mistake a lot of people make is not citing what they are doing. They know if this goes in front of a jury they will lose.
(8:20) I think you should always shut and lock your door upon exiting. With a door left open, a cop can kneel down and look around under your seats via the "plain view doctrine." Suddenly, that black dry-erase marker you lost last year becomes a concealed firearm ... and cops end up crawling all over the inside of your car.
Final step, sue the officers involved for rights violations. Be sure to verbally flex those rights and tell the cops that violating your rights strips them of their qualified immunity. Record absolutely everything!
As a disabled person with severe heat intolerance I have wondered if I can be forced to turn off the engine/AC during a stop. On a very hot day I simply would not do it, because if forced to it would amount to murder.
How about this situation: I'm an out of state driver (no where near home). Trooper outright lies to me by radaring a truck which is passing me, and then telling me that he radared me at that speed. Demands I get out of the car and says "You KNOW I'm going to search your car, right?" Now in this scenario, no, I was not speeding, and I had nothing illegal in the car, but what is to stop the officer from arresting me anyway on whatever charge he feels like making up? How about threating me with a bogus ticket knowing that I'll never come all the way back to middle-of-nowhere Arkansas to fight the ticket? They made me sit on the hood and look down the highway while they went through my car and would not allow me to watch. How is a person supposed to stand up against multiple police, a K-9 unit, being out of state and being threatened to be arrested? Seems like other than letting them search my car, the BEST case scenario would have been to get arrested, spend a few hours in jail, receive some trumped up ticket which you KNOW the local judge would have upheld, pay for my car being towed and to get it out of impound, and been generally screwed. Worst case scenario is the cop planting a small amount of marijuana in my car and me spending years in an Arkansas prison.
Im.not a person that drinks or consumes drugs so I really have nothing to hide during traffic stops, I have handled them this way and I have also answered thier questions and showed them.respect in all cases I was allowed to continue on after the stop however the times I politely remained silent I got a ticket every time , when I answed thier questions I got a warning about half the time . Something to consider if your only offenses are speeding .
This has a number of variables to it, especially if you're not in the same state as Officer Andy. If you hold a CDL license, you CAN refuse but it can cost you the CDL marker on your license. While it states that it's a breathalyzer test, they have used this on two friends who then had to argue it in court, one losing the CDL endorsement on their license.
I saw a video where a man was a paraplegic and several times TOLD the cops his situation. They kept escalating the stop and the man kept telling him his situation. Cops opened up the car door and yanked the man onto the ground ramming the man’s face into the road, very abusive they were!
Seems like asking “is that a request or are you ordering me?” (To step out of the vehicle) is just a smart way to definitely establish which it was, so the cop cannot later claim you voluntarily did so. That can make a difference depending on what happens next, right?
I've always seen and heard that I should flex my rights and all that stuff, my question is how do any of the things you recommend doing change or not change if I'm legally conceal carrying a firearm? One example here where I live is that I'm required to inform any officer that I'm carrying assuimg its a stop and not just a concentural encounter. I'm in South Carolina but I'm still curious what you have to say. Thanks.
In Virginia when police run your tags your CCP pops up. The police in Yorktown have to wait for backup before approaching a vehicle with plates registered to a CCP holder. Happened to my wife. BTW, in virginia you don't have to inform the police you are armed. The police prefer you do, per being pulled 4 times and asking the officers.
I'm truly not trying to answer your question. it would depend on where you are. I'm here in Middle Tennessee and we are constitutional carry now. but before that they come up with the kingdom law in 2014 which made your vehicle an extension of your home. this law allowed you to have a firearm loaded and one in the pipe ready to go. of course prior to this law you had to have the gun in the ammo in a separate place and had to make three moves to actually have it loaded and ready to go. with that being said we've come a long way here in Tennessee.
For you it's easy to say, "go to court" (because you are paid) and let the court decide. But I am looking for those advantages that I can execute before/up to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to protect myself from the police and minimize my risk to those actions.
Concrete question (never happened to me but could): I am European and am in the US for work for my company (or am just taking some extra days after a business trip). I rented a car to move around. The police stop me. I give license and registration as ordered. Do I refuse to step out if they ask? If they detain me because they suspect I am intoxicated (I rarely drive after drinking anything alcoholic and never do so in the US), what are my best options? Call the company to provide me a lawyer? Can I ask the police to take at least my working materials with me as they are valuable company property (e.g. company laptop and phone)? Can I get my passport back or can the police hold on to it? A clarification would be very useful, thank you.
Something that didn’t make sense. The example you gave of the woman refusing to get out because it was a request. Moments later she was arrested and ordered to get out. You said at least she didn’t get out and incriminate herself. But moments later she did get out cause she was arrested. So it appears getting out wasn’t what would’ve incriminated her. It was participating in the field sobriety tests. Couldn’t she have gotten out but still refused the sobriety tests?
If it turns out to be an unlawful detention or arrest, the officer and department should have to suffer some kind of consequences for that, to incentivize them not to do it again. Even if the charges are ultimately dismissed, you've still lost money paying for a lawyer, and potentially spent a few days in jail waiting for your court hearing, which could mean anything from lost wages to the loss of a job. Plus if you're arrested, your car is gonna be towed, meaning you're on the hook for the cost of the tow plus impound fees.
Couple things here. 1. You should not just comply. It is true you should not argue at the side of the road but you should make it clear you are not doing anything voluntarily. Cops will always argue it was consensual even if it wasn't unless you make that clear. 2. Lawyers always make out like Mimms is so clear cut, it simply is not. Time, place and totality of circumstances matter alot. I could give a dozen examples where you do not have to step out of the car. It also can easily conflict with other Scotus rulings. 3. Mimms have very strong descending opinions in this case that could be used to overturn this decision in today's political climate. 4. These videos are great however every situation is unique and a 10 minute video can only provide you basic "best practices" 5. In most jurisdictions not leaving the car alone is not enough to escalate force and likely could bare no consequence in court.
I wish you, or your estate, the best of luck with any lawsuit that results from your misunderstanding of Mimms and the "descending" opinions, the current political climate, or the (legitimate) use of force to gain compliance.
@@suedenim9208 defend what? You have absolutely no clue what the law says; you simply said I was wrong. You can't defend against a boot licking snowflake. So how about you post something of substance for me to defend. Better yet you defend against my post that was very detailed. Sounds like you can't defend your position.
Awesome video and channel. What’s the protocol for reporting officers speeding or breaking the law? I’ve called in a couple times for cops speeding (they ALWAYS are) and they ask if I would like to report a complaint. Complaint? They are speeding. Shouldn’t they issue them a ticket? I got a ticket one time based solely off a witness. I was at work one day and a cop came in and gave me a ticket. He said a lady told him I was reckless driving… I went to court and lost. Maybe that’s different because reckless is a crime? Idk. This last time a cop was speeding in my new town I just sent them a photo of the license plate on Facebook messenger and told them what I had seen - including crossroads and times and roads and speeds. At first they ignored it but then a few days later I asked them what the status was. They said sorry they had been busy but they would file the complaint. I had told him that it’s speeding in a ticket needs to be issued. That was like in the original message. So then a week later I messaged them back and I said has the ticket been issued? Still no reply so accidentally last night which is a couple weeks after that, I sent them a message saying they are lucky I’m too busy to pursue this but they need to stop being fucking hypocrites. I’m probably on some kind of a list now unfortunately I probably should not have sent that last message but I was kind of pissed off because I drove past that street again remembering it. I told them they need to keep themselves in check.
The police can't search your car 1) if you already had the window down only 1" or 2". The police will get pretty pissed if you try to roll up a fully open window after you are told to exit your car. 2) You drop the car keys between the seat and center console as you open the door and lock it, close it as getting out. Of course you need a spare key in a magnetic box hidden under your car so you can get back in at a later date. It is a pain to get a spare chipped car key on modern cars.
As I am sure you know, newer cars are using a fob. I am lucky, my car uses a fob. I leave the fob in my pocket. I have even practiced, opening the door, chatting to myself, as I roll up the window the rest of the way, "oops, hit that button by accident", and exit the car. Then without putting my hand in my pocket, press the top of the fob and lock the doors, by feeling my pants pocket. My guess is they can't figure out how to get inside my car without my help. And I am going to tear up and start whining to myself, that I have locked myself out of my own car. When this stop is over, I am going to have to cal someone for help to open my car, boo-hoo. "Wait, sir, what was it you wanted of me?"
A question I have is, when being pulled over for a traffic stop, is there a limit to how far the police officer can assert himself. For example, in this video I have seen "re-enactments" of police leaning on your window frame and even putting their head through the open window, isn't that a breach of some kind like a type of non-consensual entry into the vehicle?
What if they go hands on after a first refusal on a "request"? I have seen that happen on some videos. At that point you really can't tell if the driver is resisting or is just being rag dolled by a bunch of LEOs. In your first video another reason cops order you out is to get you away from your dashcam.
I've been arrested many times. : / It has been my experience that if you're being ordered out of your car, you are being arrested. In this situation ( any time you exit your car for the police) you should roll up yourr windows, lock all the doors, AND leave your keys in the ignition. Shut the door behind you. I've had my car left right where it was (untowed). If they are arresting you, they have to get a warrant to search your car because they are in possession of your car and they have time to do so. If it's unlocked they, or the tow company, will do an "inventory" in case of theft. That way you can't say there was a diamond ring in there that is now missing. Now if by some miracle you don't go to jail you can avoid having to call a locksmith (because you left your keys in the ignition) by keeping a spare door key wired up somewhere behind your bumper. That has saved my a** many times. Live free, and good luck.
What about the opposite scenario? This year, my vehicle was safely off the side of the road and I was out of the car trying to dig away snow (not obstructing any traffic). No keys were in the ignition either. A cop came by and DEMANDED I get into the car. (I likely stupidly complied)… they then proceeded to ID me and run a background check.
When I was around 22 or 23, I got pulled over (seemingly out of nowhere) in my bright red Firebird and was ordered out of the car immediately. I was so scared! It turns out there was a car jacking involving a bright red Firebird and the officer wanted to make sure I wasn't kidnapped and being forced to drive the car! Whew!
I watched your videos about what to do during and after a traffic stop. What I need to know is what happens after the stop is complete and you believe certain rights have been violated ie: How to show there are legal questions about the stop, who should know, do I always need a lawyer, who bears the burden of proof? Do all questions about traffic stops require me to bear any or all of the financial costs?
Most of this sounds legitimate. There's one part, though, about refusing sobriety testing or whatever it is called where you live. In MA where I live a refusal of a breathalyzer test is considered an admission of guilt and automatically gets your license suspended for some absurd amount of time, something like 18 months. They don't even need to win a case with any charges, you just get suspended anyway.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
Do you have to roll down your windows all the way to talk to the police? Can’t you just leave a crack in the window when communicating with the police?
There is talk about locking vs not locking door when asked out of the vehicle. I've watched videos where folks were instructed to get out "You don't need to bring anything with you." Then the next thing was the curb sit, then asked for license and insurance. "I'll get it for you, is it in the console or glove box?" I say lock the doors just for that reason
I always grab an envelope in my glovebox that has my proof of insurance and registration, place my driver's license in this envelope, place the envelope in my pocket, empty everything else in my pockets and lying open on my passenger seat and throw my coat over it, roll down my window, leave my keys in the ignition, and wait with my hands on the wheel. If I am asked to exit, all I have is the envelope and my keys in my pockets. I've never been asked to exit, but if I was I would announce I am rolling up my window to keep dust and fumes out, remove my keys on exit, ask the officer if the road is safe to exit as I start to open my door, exit when his head is turned, and lock the door behind me. I disagree with his recommendation not to lock your door - the officer might make a series of confusing statements or questions, your reaction might be considered consent. If your car is locked and he needs your keys, there is little chance for trickery. I would challenge the officer's ability to demand entry into your vehicle to get your information when you can offer to retrieve it yourself. I doubt a court would hold that you are required to give consent to enter your vehicle and search your personal items when you can retrieve these documents yourself.
The appropriate answer in that situation is "That's going to be impossible since I don't consent to an entry into my vehicle". They can either let you get paperwork or they can rely on their computer to locate government records. Them creating a situation in which you can't comply with a request to produce paperwork is *their* problem and doesn't eliminate your 4th amendment rights. That said, unless they've got a really good reason it seems unlikely that they'd order you our before asking for paperwork.
Firstly this has to change. If they are doing a felony stop they should make it clear to follow a lawful order. Pulling someone out is escalating. In some states denying the sobriety test is automatic license suspension and mandatory fines.
Hey Andrew, what if your vehicle is also your house like in the case of an RV? Do they have the right to search without a warrant? What if you're at a camp site vs driving vs parking lot vs side of the road? Does your legal protections change?
As far as I know, an RV or campervan, if it's parked on publicly accessible land, is primarily classified as a vehicle, even if it doubles up as your home, and therefore subject to traffic stop rules. How the law works with stand alone caravans that are not connected to a vehicle, I don't know. This is UK legislation though.
What about if it is border patrol? I live in San Diego and there is a border patrol checkpoint on the freeway running east to west. Anyone who refuses a search gets harassed and has to wait 20 minutes for them to get dogs
*Border Patrol has a history of exceeding the authority given to them by the courts.* The checkpoint is legal, it is legal to check you immigration status, and a brief detention for a dog sniff is legal. However, without RS I doubt they have the authority to extend the detention to wait for dogs (who likely have a 100% hit rate) to arrive from another location, and invoking your 4th and 5th amendment rights cannot form the basis for RS. I don't know what the ruling would be if the dogs were already present and you were just waiting your turn in line for them to search.
You mentioned that under Mimms, police do have the authority to order you out of your car. What grants them the authority to order you to get back into the car if you get out as soon as you pull over?
You means besides the gun they'll use to shoot you if they (mis)interpret your actions as a danger? While Mimms was specifically about ordering somebody out of their car, it and terry are the basis of rulings that cops have significant authority to control your movements to protect themselves. Of course they could handcuff you and put you back in their sar if you'd prefer.
Do you do any kind of lecturing/guest lecturing at universities? I'm sure I'm not the only L1 (granted, from a few decades ago) who would better benefit from even this 10-minute video that slogging through a dry, dusty, boring chapter of a book. You make it easy to learn.
Videos like these could also be played in high school Civics classes. In fact Mimms and Terry should be part of any driver's ed curriculum. Of course the Driver's Manual should align with the law and police procedures regarding when you can proceed after being signaled to stop. The Manual says you can go to a lighted area, but the cop then can PIT you or stick a gun in your face for a felony stop where you "eluded" detention at 20 mph. No where in the Iowa Handbook does it state you must exit the car when ordered by a LEO. That should be in all caps at the beginning of the Handbook. It also seems I will make a different decision on where to stop given if I know I have to exit the vehicle or not. A shoulder that is not much wider than the car seems like a really poor place to pull over.
What if you have a car with one of those combo locks? If you lock it up, they can’t get in without knowing your combo. They can’t compel you to tell them your combo, right? But what if they still want to search it? Will they break in or something?
What if you're ordered to exit the vehicle and leave the door open? I was told to exit the vehicle as ordered, but close the door against the order because leaving the door open gives the police implied consent to search because the door was left open.
I've also wondered about the indicators that show when an interaction with police is consensual or voluntary if no flashing lights or other indicators are present? Is it best to not raise this issue and just let the LEO step into a trap of his pwn making?
I have injuries to both hips; I can't walk a straight line, as I have to fall either left or right to support full stage walking. Sometimes, I rely on a cane, but after seeing an old guy get shot for reaching for his cane, I am very concerned about using one. Plus, it makes me look like an old guy (I am an old guy)!
Interesting situation, I had a suspended license for many years, I got it back a year ago now, and while my license was suspended I was pulled over numerous times with no pc for the stops, however, I didn't know the laws, and my rights, therefore I ended up with many dus that could have been avoided which ultimately perpetuated my situation. I now know these things, and have a dash cam, ect. I've unintentionally sped past cops where I'm traveling even as much as 20 over, as well as just missing a yellow light right in front of a cop, and now I haven't been pulled over once. (Far from complaining, just an observation) in the past I've even been arrested for obstruction, resisting arrest, assaulting an officer, for refusing to id after cops pushed their way into my house, and they were called for a check welfare 2 doors down. They were at the wrong address which I informed them of numerous times. They dropped all charges and released me after I informed them of the security cameras that witnessed the entire situation. I appreciate all of your videos, because not all cops are honest, or remotely morally upright individuals, and most of us don't know the laws, or our rights... so, thank you. 😊
I would really like you to compare and discuss two specific cases that may seem to contradict each other. Pennsylvania v. Mimms, 434 U.S. 106 (1977) Rodriguez v. United States, 575 U.S. 348 (2015) As I understand them... the officer must have reasonable suspicion for the extension of a routine traffic stop to be lawful; i.e. conducting a criminal investigation. A routine, brake light, turn signal, headlight, ect would seem to be distinguished in Rodriguez as different from a "Lawful Detention" under RAS of a crime.
What about your passengers during a traffic stop. Do they have to exit the car? Should they refuse to talk to the officer? Do they need to hand over ID?
as someone previously stated, what if you don't feel safe and threatened, fearing for your life, of getting ordered out of the car, does calling 911 and seeking "help" do anything?
I imagine the reply would be something along the lines of 'We already have officers at the scene, sir/mam. Please direct any concerns for your safety to them'.
If a police officer orders you out of the car, and you comply, can you insist on closing the car door behind you? Can the officer insist on holding it open? Likewise, if they order a passenger out of the car, can you insist on the passenger's door being closed after the passenger gets out of the car? This could have a big impact on what is readily visible from the outside of your car.
As a note about people with lower extremity or mobility issues, one of the factors, if I read the manual correctly for DWI probable cause is how people exit the vehicle. I have degenerative spinal disease with multiple herniated discs. Climbing out of a car is awkward for me. Mr. Gouache gives excellent guidance about telling the officer. Also, if you inform an officer about a disability, it provides you with institutional remedies under the American with Disabilities Act, totally different than the lawsuit/qualified immunity avenue. But just because you have a disability does NOT mean you are covered by the ADA, and in fact mobility issues are one of the more complicated ones. If you aren't sure, get a lawyer. :)
Andrew, just catching up on some of your excellent and fairly priced legal counsel, thank you. 😉 Two on topic queries, if I may. 1. If asked or ordered from a vehicle, can an individual bring anything with him or herself and have any legal expectation protecting from search& seizure? ie. Zipped/locked back/chest/fanny pack. 2. What, if anything in a vehicle has legal expectation of privacy? ie. Closed/ locked backpack, toolbox, suitcase, glovebox, center console, etc. Thank you for your continued community service (hopefully not mandated 😉😉) and most certainly please keep on dropping reason, knowledge, and experience for the U.S. citizenry, it's truly needed and much appreciated. 💯🏴☠️🎭🤙
The stop is not necessarily the result of the officer's belief that an infraction has been committed, such as a retaliatory stop. They may be simply making up something, as in a pretextual stop. Also, NEVER submit to roadside sobriety tests, unless mandated by your state's laws (I am not aware of any). It is almost always a good idea to comply with an officer's request to exit a vehicle. You can argue about its legality later.
"The officer believes that she has detailed you lawfully." There isn't an expectation that police understand the laws. They can detain you unlawfully and there will be no consequences for the officer.
Exactly, they are 'trained' to choose a person at random, to harass and terrorize, so they can practice their 'training' in an environment outside the classroom, where the textbook answers WILL NOT apply.
This is one of the reasons why multiple officers WILL always respond, to learn from real world interactions, and where they are NOT constrained by the officer in the classroom pretending to be a victim.
If that's what you believe, then you have no idea.
@@eq1373 Which part am I wrong about? SCOTUS has said cops don't need to actually understand the laws to enforce them. Cops get away with killing unarmed civilians regularly. A "false arrest" wouldn't even make the news.
Police can basically waste anyone's lifetime and get them to a higher stress level because they dont care after that particular day and you will go to people whos work is in court so you will suffer.. Waste of Time
The reason why it makes no sense
When ordered to get out of your car, you should comply while stating "I don't consent, but I am doing it under protest and under duress." You should always video all interactions with police for your protection.
You need video that's already started, if you have to start your camera after the officer goes off on you, they won't let you finish.
I certainly hope its never needed, but I bought some "recording the police" insurance. I added a remotely on/off Garmin Mini dashcam to the right side passenger A pillar at the windshield. Its smaller than an Airpod case, captures video and audio. Well worth the peace of mind it brings for the $100 cost. Mr. Flusche recommends dash cams too.
I think most smart phones have apps where you can say, "I'm being pulled over", and they will start recording
@@im2501 If there IS such an "app" it's likely very new and has glitches in it that a prosecutor can exploit to discredit it, besides which, even with video of the officer's behavior, they're STILL more likely to get exonerated instead of convicted.
Witnesses help. And in common law court against officer the other officers can be your witness n they don't get to bring their lawyer. Just that the corrupt system doesn't want to support common law courtrooms cuz it shows real law at work and not the act of getting out of a process.
As a recovering do-whatever-the-police-say person, I appreciate your practical tips. That is all I have to say. I will now remain quiet. 😆
Sound like the cops will do whatever they want regardless if it is legal or not.
Congratulations on your recovery.
@@sd906238 they can. Your protection comes from the courts. But if you give evidence to the police, it WILL be used against you.
This is a do-whatever-police-say lawyer. Fighting for job security from the sound of it
@@HereticFringe so what kind of lawyer are you?
Andrew. after listening to your entire explanation on "opening/leaving the door open versus closing/locking", I still need to ask this. At the risk of making the cop mad, it still seems to me, there's an advantage in closing & trying to lock the car versus leaving it open. If I can lessen the cops access/view to anything in my car, I want to. Under Plain View Doctrine, the cop could more easily reach in regardless of unlawful, and look under a towel/cover or even inside my closed console when he has access through the door. We all know not every order or command is lawful, and they will lie and stretch the law to serve their purposes. For you sir, (no disrespect intended) its easy to say go to court (you are paid) and let the court decide. But I am looking for those advantages that I can execute before/UP to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to minimize my risk to those actions.
@@FirstLast-gv1zl honesty n tips appreciated.
I am thankful that this Attorney is willing to share this kind of advice with us for free! What a cool guy!
Andrew you are a great guy. Well informed and educated. Your content is awesome. Keep up the awesomeness 😎
well... is a lawyer you know?...
@@lapepitadeorooficial Grammar is be wonderful much, yes?
@@BasicPsychology101 so? somebody has a lot of free time, dont you?
So level headed and reasonable explanation. Defending your rights can come off so abrasive to some, you make it feel welcoming.
I live in Chesterfield VA, when I first moved here in 2013 I was on my way home from work on the motorcycle and rolled up on a 100% checkpoint. I was having a bad day and didn't feel like playing fuck fuck games. The officer asked me to turn off the bike and I did then he asked if I had a valid M endorsement on my license and I replied yes. Then he asked if I could provide proof of insurance registration and my license. I refused and asked him if I fit the description of a known criminal? He replied no we are checking everyone today. I asked to speak to a supervisor. He then asked me to pull forward and to the right to the median. I did, a Sargent approached me and asked me the same thing saying we are checking everyone on the road in this area but he also asked me to take off my helmet. I said to him do I fit the description of a known criminal and run the plates if it the bike comes up hot then arrest me... he said thank you and your free to go.
Buddy, I with you on being questioned less by police, especiallly when on my motorcycle. I 'dress for the crash' and it would be like unwrapping a Mummy to get to my wallet/ID. I keep Registration and Insurance papers in a side bag now, but anything else in tucked in deep. I flip my face shields up, but hate pullin off my helmet as it is tight, and I also have ear plugs, a sweat guard and a head rag for comfort. Also, Cops seem to be overly ready to 'dump' you when stopped. I had one Officer place his hand on my handle bars, and threaten to dump me if I didn't hurry up with his requests. My bike weights 964 lbs! My guess is, they'd do the same to a wheel chair guy!
@@johnshields9110 EDIT: I PULLED A FUCKY WUCKY. NVM my stupid question.
Okay. big question: why are you 964 pounds? Are you a bodybuilder or a TLC documentary obese person? Either way, i think it would be hard to ride a bike lol
@@UBvtuber 1450 cc plus dressage, plus my own weight. Any Officer threating to 'tip you over' should be reported and disciplined.
@@UBvtuber
"Why are you 964 lbs? I think it would be hard to ride a bike."
Apparently you also find reading comprehension hard. They said the bike is 964 lbs.
@@notahotshot Oh... welp you got me there. I misread it and made a mistake: bite me.
I'd stay here and gush all day but I'm busy. I'll keep it short with "Thank you, brother for looking after us. We love and appreciate all that you do to protect us. Keep doing what you do, sir. BIG FAN!"
It’s hard when we live in a police state and the prosecutors want to make a name for themselves.
ACAB! Defund the Police!
It is difficult when you place man and the ways of man above Christ Jesus and His ways.
@@alphaforce6998 - well, if that isn’t one hell of a non sequitur. 🙄
@@mikeschinkel It's the truth. Life in this realm is our punishment for sin. It's not supposed to be great...but the trials and tribulations we all face here will become a lot easier to cope with when you place your faith in Christ Jesus.
_"Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. For my yoke is easy, and my burden is light."_
Matthew 11:29-30
@@alphaforce6998 - If may be the true in your reality, but it is not the truth in mine.
Or said another way, believe what you want to believe, just don't be trying to impose it on me.
BTW, your reply was still a total non sequitur in response to that which you replied to.
So basically give up your rights or be bullied, arrested, and deal with a lawsuit for years. The only one who benefits is the lawyers
Read the Talmud, that is the point.
@@tylersingleton9284 , says nothing, that’s the point.
This is all color of law, (traffic code), which isn't even law, why isn't this attorney explain all this. You haven't broken anything if traffic code, not even law.
Problem is this color of law crap is how they make all their revenue,...get it?....It's all a lie really, a made up system to create offenders thereby reaping the revenue
have you ever heard of policing for profit?... and besides a license is for commercial drivers, if your not driving commercially then there is no need of a license.
Terminology is a big factor in courts and sad to say you can be right as rain all day long with these traffic cops cause they don't know the real law, just color of law.
Its entirely a predatory system to create revenue, that's all it is really, and it's not even law, go figure.
@@tylersingleton9284 oy vey!
Alternative ?
Regarding rolling up the window and locking the door, what if your concern is if they arrest you and leave the car unattended with an open window and unlocked making it might likely someone will steal things inside or even steal the car?
Thanks for another great video Andrew. I really appreciate you taking the time to interact with your viewers and answer questions
OK, the smoke overlay cracked me up!
I understand envoking "The 5th". However, when asked "Do you have any weapons in your vehicle?", even if you don't, wouldn't saying nothing raise reasonable suspension to search? In addition, couldn't many items in your vehicle be used as a weapon like a pen to poke, a bat to hit, a steleto to stab, a belt to whip? So when does a item become a weapon? Thank you.
In criminal cases, pleading the 5th cannot be used as evidence against you, cannot form the basis for RS, and cannot form the basis for PC. The only exception I am aware of is some loitering laws, but that's a whole other topic.
Note in civil cases, pleading the 5th can be used against you.
The legal definition of weapon varies by jurisdiction, but using a general example:
_A firearm, or a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, _*_in the manner it is used, or intended to be used,_*_ is capable of producing death or serious bodily injury._
A sword, throwing stars, pistol, police baton, etc. would be considered weapons because that is their intended use.
Your examples of pen, bat, stiletto, or belt wouldn't be considered a weapon unless you actually used them as a weapon in an assault.
@@1SCme , thanks for your reply. The "intended use" is what I thought I'd hear. I'm always leary of that question because I've seen enough movies and read enough books where clever, experienced and/or desperate people have created and utilized items outside of their original intended use to threaten, attack and/or neutralize others.
@@mrpricklypear22 Unless you have a firearm, or have a substantial knife on your person the answer to the question is "no". Any other answer, including invoking your right to remain silent, is just plain stupid. If you have a legal weapon answering truthfully may reduce your chances of getting a ticket, or maybe even shot. If the cops discover something else and want to argue that it's a weapon the argument happens in court, and unless you were actually using or threatening to use something as a weapon when it has other legitimate uses it almost certainly isn't a weapon.
@@1SCme most loitering laws are unconstitutional, that is why now most have been changed to loitering and prowling. Morals vs Chicago I believe.
@@zappyeats2579 Hopefully that's true - they should all be _but that's a whole other topic._
Thank you Andrew, thanks to the SCOTUS, we live in a police state. They are all lawyers who should know better.
They only make those decisions because they know they will never apply to them. Their position has put them way above the law, and us commoners are forced to fight in their game.
Drivers who exit their vehicle are often hit by traffic. Every driver's ed book says people should stay in their car. SCOTUS response, "We don't care about people's safety."
Yes we do. I am hopeful that the newest Supreme Court Justice, a lady of color, is going to bring some different perspectives and decisions that will overturn many of those police protection guarantees, qualified immunities, and "its okay for cops to lie" attitudes. Fingers and toes crossed.
@@obijuan- Need two more after her to change anything and that is not happening. Even if one of the six retires or passes away, you think Manchin would support a tack towards more individual rights. Only if LEOs start staking out country clubs and popping those leaving will you get any change. The laws supporting pretextual stops only apply to the little folks.
One other question that may be important
I work for a defense contractor and sometimes carry sensitive documents with me in the car. Do I have to allow police to search my car and my briefcase carrying the documents?
The problem is that if you're illegally detained, you still have to shell out money for a lawyer, car getting towed, lost wages, ... , and there is zero chance of you ever getting reimbursed.
It is called a federal 1983 suit. If the municipality is in the wrong, they generally settle quickly to minimize costs.
I love your vids! Very informative, very professional. As a disabled Veteran with significant mobility issues I have often wondered how should I handle the situation if I’m ever stopped by the police. Now I know. Thanks very much. One comment regarding wearing the US flag patch (I’m glad you wear it), the stars should be facing forward.
Jerry - way back when I was deployed, stars forward meant deploying troops. Stars to the left was simply the flag. I don’t know if that has changed. Personally I like the designation difference, since 90% of these people probably haven’t served much less deployed.
That's how I've always understood it. When displaying, but not flying the US flag, the field of blue always goes in the upper left hand corner, regardless of which direction the stripes are pointed. Exception: when its a patch on military uniforms for reasons previously stated.
Pennsylvania v Mimms is case law. Case law IS NOT codified law. That is an opinion of a court on the merits of ONE case litigated before them.
The tinfoil is suppose to protect you from harmful stuff, not reality. Case law is what the courts refer to as "the law" and Mimms is from the one court that can't be overruled by other courts. There's always a possibility that SCOTUS could overrule itself or clarify some points in regards to a previous case but Mimms is fairly straightforward.
I love that despite our "rights", we have to get bullied out of our cars (even when the stormtrooper can't articulate an actual crime), deal with that bs & be late for wherever we were going or worse (station) & all we can do about it is spend the day in court trying to prove we shouldn't have had to do any of that - our word against a cop's. No wonder people don't "just comply". There are people that get this treatment often & they get sick of it.
and its getting much worse even
Marijuana odor can't be the sole reason for PC in Virginia. Codified in 46.2 on March 31st.
EXCELLENT Vids and information - As a certified firearms instructor - I took instructor courses with LEO's. I am not - but the ones I took the courses with ALL yes ALL told me when talking about these topics that often times THEY TRY to get the person to NOT speak - one of the ones I took one instructor course with actually said he TOLD the subject NOT to talk to him and the person kept trying to - so your videos DO help with GREAT information
Videos like this, with actual experts in a field sharing their expertise, are highly important.
Great follow up. Good to clarify these things. Keep up the great work.
My mother is Teresa and she’s been asked to exit the car numerous times.
But seriously… we have multiple police jurisdictions near me. One of them likes to cross the line & sit in a business parking lot watching a 5 way intersection. My question are this…. What is your thoughts on police setting up traps from another jurisdiction. Also- some stop signs are technically in another jurisdiction. Do they have rights to give tickets if you fail to stop at a sign that’s posted in other area?
The people of America need these types of men and videos to educate them on a system geared towards abusing you.
Thank you Andrew for setting a high standard and helping to educate the public on rights the already have.
EXACTLY CORRECT. Thank you for saying this.
Thanks Andrew! I really appreciate the different scenarios you present and have had a few encounters, as we all have. I believe it is possible to be courteous and still protect your rights. It is a slippery slope with no guard rails, especially DUI.
Please check this out. I do believe that in the state of Georgia if you refuse the quest, it is automatically a DUI charge or something close to that.
Great video Andrew, love the smoke screen!
I like the plug at 4:01. Those always get a chuckle out of me.
5:54 correct me if I'm wrong, but if they decide in the private carpark you are drunk, they can then arrest you for DUI under the assumption that you had to drive to the carpark, and had thus committed an offence.
The video is genius. You were spot on addressing the police sycophant and his ridiculous advice. I don’t tell a police lover how to handle his police encounter, so how dare they tell me. I’ll be taking the advice of a defense attorney.
Part of the danger with rolling up the window or closing the door is that officers might try the foot in door trick. If you roll up your window, they might stick their hand in the window. If you keep rolling it up, they "can" arrest you for assaulting an officer.
Every time I watch one of your comments, I feel compelled to make sure I'm subscribed. Those accusing you of click bait can do a self-posterier lip application.
Or a MY posterior lip application.
You can assert your rights and still be respectful.
They can start following the law themselves and we will have much of an issue too.
Seems to me that denying a request is a short path to an arrest. While it may provide the most protection when you do get arrested, it would be safer and better never to be arrested in the first place. If there is no reason for them to arrest you, for example if they suspect dwi but you are 100% alcohol and drug free, compliance will probably get them to leave you alone 9 times out of 10 or at worst give you a ticket for reckless driving or whatever they saw. If they do arrest you anyway, there's no way they could use a clean tesr against you
4:25 it's a very good question and reminds me what happened a guy who was eating in McDonalds parking lot in Texas a few months ago.
Questions about police stops: What protocols should civilians follow if they wish to be pulled over in a safer environment, such as a well-lit parking lot, a crowded store, etc? Obviously, driving for too long is a bad move, but I also shudder at the idea of being pulled over on the side of a 4-lane highway with vehicles doing 80 MPH. What can we do to signal to the officer(s) that we intend to comply and aren't avoiding the stop, but that we want to get to an area that's safer for both parties?
Another good video idea might be for how to handle police stops while (legally) concealed carrying. What to say to the officer to ensure you're being truthful while also not giving them any cause for alarm, how to handle hand movements and gestures, etc. Great vids, thanks!
I have seen a video where the suspect vehicle put on the flashers in the situation you described. The LEO PITed the car within a minute, although he was later reprimanded. The short answer is cops think lights mean immediately
@@jeffreypierson2064 He was reprimanded after a national outcry. Look at the first press release after it happened. Then the PIT was a ok. It shouldn't have to go viral to preserve our rights.
Several times have I told an officer no, I am challenging Pennsylvania vs mimms. I explained that it is illogical to remove somebody who's behind a steel barrier, namely my car door and place the two of us eye-to-eye for your "safety". That doesn't make sense. Explain how me sitting here politely is a danger.
So far not one cop has taken the bait. When you tell them you are challenging the memes decision, grab your steering wheel of both hands and say do what you got to do I want this in front of the jury. They always back off.
The mistake a lot of people make is not citing what they are doing. They know if this goes in front of a jury they will lose.
Cool guy in a bow tie strikes again! Great, well edited video with tons of information
(8:20) I think you should always shut and lock your door upon exiting. With a door left open, a cop can kneel down and look around under your seats via the "plain view doctrine." Suddenly, that black dry-erase marker you lost last year becomes a concealed firearm ... and cops end up crawling all over the inside of your car.
And don't forget about cops planting evidence when nobody is watching and becomes your word against theirs ... a no-win situation.
Final step, sue the officers involved for rights violations. Be sure to verbally flex those rights and tell the cops that violating your rights strips them of their qualified immunity. Record absolutely everything!
A lot easier said than done.
@@eq1373 never said it was easy
Hard when you're not rich
As a disabled person with severe heat intolerance I have wondered if I can be forced to turn off the engine/AC during a stop. On a very hot day I simply would not do it, because if forced to it would amount to murder.
I love the channel best attorney on UA-cam
How about this situation:
I'm an out of state driver (no where near home).
Trooper outright lies to me by radaring a truck which is passing me, and then telling me that he radared me at that speed.
Demands I get out of the car and says "You KNOW I'm going to search your car, right?"
Now in this scenario, no, I was not speeding, and I had nothing illegal in the car, but what is to stop the officer from arresting me anyway on whatever charge he feels like making up? How about threating me with a bogus ticket knowing that I'll never come all the way back to middle-of-nowhere Arkansas to fight the ticket? They made me sit on the hood and look down the highway while they went through my car and would not allow me to watch.
How is a person supposed to stand up against multiple police, a K-9 unit, being out of state and being threatened to be arrested?
Seems like other than letting them search my car, the BEST case scenario would have been to get arrested, spend a few hours in jail, receive some trumped up ticket which you KNOW the local judge would have upheld, pay for my car being towed and to get it out of impound, and been generally screwed.
Worst case scenario is the cop planting a small amount of marijuana in my car and me spending years in an Arkansas prison.
When they order you out of the car, can we lock and shut the door? Plus what to do if they grab your door to prevent you from closing it?
If your vehicle is locked and parked in street, and you are in house , can they take your key and search it?
.
Im.not a person that drinks or consumes drugs so I really have nothing to hide during traffic stops, I have handled them this way and I have also answered thier questions and showed them.respect in all cases I was allowed to continue on after the stop however the times I politely remained silent I got a ticket every time , when I answed thier questions I got a warning about half the time . Something to consider if your only offenses are speeding .
This has a number of variables to it, especially if you're not in the same state as Officer Andy. If you hold a CDL license, you CAN refuse but it can cost you the CDL marker on your license. While it states that it's a breathalyzer test, they have used this on two friends who then had to argue it in court, one losing the CDL endorsement on their license.
I saw a video where a man was a paraplegic and several times TOLD the cops his situation. They kept escalating the stop and the man kept telling him his situation. Cops opened up the car door and yanked the man onto the ground ramming the man’s face into the road, very abusive they were!
Seems like asking “is that a request or are you ordering me?” (To step out of the vehicle) is just a smart way to definitely establish which it was, so the cop cannot later claim you voluntarily did so. That can make a difference depending on what happens next, right?
I've always seen and heard that I should flex my rights and all that stuff, my question is how do any of the things you recommend doing change or not change if I'm legally conceal carrying a firearm? One example here where I live is that I'm required to inform any officer that I'm carrying assuimg its a stop and not just a concentural encounter. I'm in South Carolina but I'm still curious what you have to say. Thanks.
In Virginia when police run your tags your CCP pops up. The police in Yorktown have to wait for backup before approaching a vehicle with plates registered to a CCP holder.
Happened to my wife.
BTW, in virginia you don't have to inform the police you are armed. The police prefer you do, per being pulled 4 times and asking the officers.
I'm truly not trying to answer your question. it would depend on where you are. I'm here in Middle Tennessee and we are constitutional carry now. but before that they come up with the kingdom law in 2014 which made your vehicle an extension of your home. this law allowed you to have a firearm loaded and one in the pipe ready to go. of course prior to this law you had to have the gun in the ammo in a separate place and had to make three moves to actually have it loaded and ready to go. with that being said we've come a long way here in Tennessee.
For you it's easy to say, "go to court" (because you are paid) and let the court decide. But I am looking for those advantages that I can execute before/up to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees.
I want to know what I can do to protect myself from the police and minimize my risk to those actions.
Concrete question (never happened to me but could):
I am European and am in the US for work for my company (or am just taking some extra days after a business trip). I rented a car to move around.
The police stop me. I give license and registration as ordered. Do I refuse to step out if they ask? If they detain me because they suspect I am intoxicated (I rarely drive after drinking anything alcoholic and never do so in the US), what are my best options? Call the company to provide me a lawyer? Can I ask the police to take at least my working materials with me as they are valuable company property (e.g. company laptop and phone)? Can I get my passport back or can the police hold on to it?
A clarification would be very useful, thank you.
Something that didn’t make sense. The example you gave of the woman refusing to get out because it was a request. Moments later she was arrested and ordered to get out. You said at least she didn’t get out and incriminate herself. But moments later she did get out cause she was arrested. So it appears getting out wasn’t what would’ve incriminated her. It was participating in the field sobriety tests. Couldn’t she have gotten out but still refused the sobriety tests?
I love the added smoke effect.
If it turns out to be an unlawful detention or arrest, the officer and department should have to suffer some kind of consequences for that, to incentivize them not to do it again. Even if the charges are ultimately dismissed, you've still lost money paying for a lawyer, and potentially spent a few days in jail waiting for your court hearing, which could mean anything from lost wages to the loss of a job.
Plus if you're arrested, your car is gonna be towed, meaning you're on the hook for the cost of the tow plus impound fees.
Couple things here.
1. You should not just comply. It is true you should not argue at the side of the road but you should make it clear you are not doing anything voluntarily. Cops will always argue it was consensual even if it wasn't unless you make that clear.
2. Lawyers always make out like Mimms is so clear cut, it simply is not. Time, place and totality of circumstances matter alot. I could give a dozen examples where you do not have to step out of the car. It also can easily conflict with other Scotus rulings.
3. Mimms have very strong descending opinions in this case that could be used to overturn this decision in today's political climate.
4. These videos are great however every situation is unique and a 10 minute video can only provide you basic "best practices"
5. In most jurisdictions not leaving the car alone is not enough to escalate force and likely could bare no consequence in court.
I wish you, or your estate, the best of luck with any lawsuit that results from your misunderstanding of Mimms and the "descending" opinions, the current political climate, or the (legitimate) use of force to gain compliance.
@@suedenim9208 This coming from someone who has never even read Mimms in its entirety.
@@zappyeats2579 I'm absolutely stunned that you're unable to defend your positiion. I *never* saw that coming.
@@suedenim9208 defend what? You have absolutely no clue what the law says; you simply said I was wrong. You can't defend against a boot licking snowflake. So how about you post something of substance for me to defend.
Better yet you defend against my post that was very detailed. Sounds like you can't defend your position.
@@suedenim9208
Defend your position. Don’t throw moronic stones in idiot proof houses.
Awesome video and channel. What’s the protocol for reporting officers speeding or breaking the law? I’ve called in a couple times for cops speeding (they ALWAYS are) and they ask if I would like to report a complaint.
Complaint?
They are speeding. Shouldn’t they issue them a ticket?
I got a ticket one time based solely off a witness. I was at work one day and a cop came in and gave me a ticket. He said a lady told him I was reckless driving…
I went to court and lost.
Maybe that’s different because reckless is a crime?
Idk. This last time a cop was speeding in my new town I just sent them a photo of the license plate on Facebook messenger and told them what I had seen - including crossroads and times and roads and speeds. At first they ignored it but then a few days later I asked them what the status was. They said sorry they had been busy but they would file the complaint. I had told him that it’s speeding in a ticket needs to be issued. That was like in the original message.
So then a week later I messaged them back and I said has the ticket been issued?
Still no reply so accidentally last night which is a couple weeks after that, I sent them a message saying they are lucky I’m too busy to pursue this but they need to stop being fucking hypocrites.
I’m probably on some kind of a list now unfortunately I probably should not have sent that last message but I was kind of pissed off because I drove past that street again remembering it. I told them they need to keep themselves in check.
Really like your videos. Thank you 🙏
The police can't search your car 1) if you already had the window down only 1" or 2". The police will get pretty pissed if you try to roll up a fully open window after you are told to exit your car. 2) You drop the car keys between the seat and center console as you open the door and lock it, close it as getting out. Of course you need a spare key in a magnetic box hidden under your car so you can get back in at a later date. It is a pain to get a spare chipped car key on modern cars.
As I am sure you know, newer cars are using a fob. I am lucky, my car uses a fob. I leave the fob in my pocket. I have even practiced, opening the door, chatting to myself, as I roll up the window the rest of the way, "oops, hit that button by accident", and exit the car. Then without putting my hand in my pocket, press the top of the fob and lock the doors, by feeling my pants pocket. My guess is they can't figure out how to get inside my car without my help. And I am going to tear up and start whining to myself, that I have locked myself out of my own car. When this stop is over, I am going to have to cal someone for help to open my car, boo-hoo. "Wait, sir, what was it you wanted of me?"
A question I have is, when being pulled over for a traffic stop, is there a limit to how far the police officer can assert himself. For example, in this video I have seen "re-enactments" of police leaning on your window frame and even putting their head through the open window, isn't that a breach of some kind like a type of non-consensual entry into the vehicle?
@@garyb6219 doesn't really answer my question, which is at what point does it become a non-consensual entry into the vehicle?
What if they go hands on after a first refusal on a "request"? I have seen that happen on some videos. At that point you really can't tell if the driver is resisting or is just being rag dolled by a bunch of LEOs. In your first video another reason cops order you out is to get you away from your dashcam.
Andrew you need to talk to your secretary about smoking in your office.
I know right? That skunk weed smell gets a bit overwhelming .
Loved the shameless plug and smile!
Always enjoy your presentations.
Thank you.
I've been arrested many times. : / It has been my experience that if you're being ordered out of your car, you are being arrested. In this situation ( any time you exit your car for the police) you should roll up yourr windows, lock all the doors, AND leave your keys in the ignition. Shut the door behind you. I've had my car left right where it was (untowed). If they are arresting you, they have to get a warrant to search your car because they are in possession of your car and they have time to do so. If it's unlocked they, or the tow company, will do an "inventory" in case of theft. That way you can't say there was a diamond ring in there that is now missing. Now if by some miracle you don't go to jail you can avoid having to call a locksmith (because you left your keys in the ignition) by keeping a spare door key wired up somewhere behind your bumper. That has saved my a** many times. Live free, and good luck.
I prefer to avoid contact if possible and avoid conflict by not answering questions or volunteering information as much as I can.
I liked that smoke effect in the video! It wasn't real obvious, but it was super funny!
What about the opposite scenario?
This year, my vehicle was safely off the side of the road and I was out of the car trying to dig away snow (not obstructing any traffic). No keys were in the ignition either.
A cop came by and DEMANDED I get into the car. (I likely stupidly complied)… they then proceeded to ID me and run a background check.
Am I required to stop for an unmarked cop car. I have actually been robbed on the highway this way
When I was around 22 or 23, I got pulled over (seemingly out of nowhere) in my bright red Firebird and was ordered out of the car immediately. I was so scared! It turns out there was a car jacking involving a bright red Firebird and the officer wanted to make sure I wasn't kidnapped and being forced to drive the car! Whew!
I watched your videos about what to do during and after a traffic stop. What I need to know is what happens after the stop is complete and you believe certain rights have been violated ie: How to show there are legal questions about the stop, who should know, do I always need a lawyer, who bears the burden of proof? Do all questions about traffic stops require me to bear any or all of the financial costs?
Legend has it. Any fool that hot out of the car. Never makes it back into the car.
Most of this sounds legitimate. There's one part, though, about refusing sobriety testing or whatever it is called where you live. In MA where I live a refusal of a breathalyzer test is considered an admission of guilt and automatically gets your license suspended for some absurd amount of time, something like 18 months. They don't even need to win a case with any charges, you just get suspended anyway.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
Do you have to roll down your windows all the way to talk to the police? Can’t you just leave a crack in the window when communicating with the police?
There is talk about locking vs not locking door when asked out of the vehicle. I've watched videos where folks were instructed to get out "You don't need to bring anything with you."
Then the next thing was the curb sit, then asked for license and insurance. "I'll get it for you, is it in the console or glove box?" I say lock the doors just for that reason
Yep, that is the sneaky and sly way of them getting consent to get in your car. Then see if they can find any contraband based on plain view doctrine.
I always grab an envelope in my glovebox that has my proof of insurance and registration, place my driver's license in this envelope, place the envelope in my pocket, empty everything else in my pockets and lying open on my passenger seat and throw my coat over it, roll down my window, leave my keys in the ignition, and wait with my hands on the wheel.
If I am asked to exit, all I have is the envelope and my keys in my pockets.
I've never been asked to exit, but if I was I would announce I am rolling up my window to keep dust and fumes out, remove my keys on exit, ask the officer if the road is safe to exit as I start to open my door, exit when his head is turned, and lock the door behind me.
I disagree with his recommendation not to lock your door - the officer might make a series of confusing statements or questions, your reaction might be considered consent. If your car is locked and he needs your keys, there is little chance for trickery.
I would challenge the officer's ability to demand entry into your vehicle to get your information when you can offer to retrieve it yourself. I doubt a court would hold that you are required to give consent to enter your vehicle and search your personal items when you can retrieve these documents yourself.
The appropriate answer in that situation is "That's going to be impossible since I don't consent to an entry into my vehicle". They can either let you get paperwork or they can rely on their computer to locate government records. Them creating a situation in which you can't comply with a request to produce paperwork is *their* problem and doesn't eliminate your 4th amendment rights. That said, unless they've got a really good reason it seems unlikely that they'd order you our before asking for paperwork.
Firstly this has to change. If they are doing a felony stop they should make it clear to follow a lawful order. Pulling someone out is escalating. In some states denying the sobriety test is automatic license suspension and mandatory fines.
Really appreciate your potent combination of professional knowledge, not so common sense, as well as wit. Thanks for sharing.
Hey Andrew, what if your vehicle is also your house like in the case of an RV? Do they have the right to search without a warrant? What if you're at a camp site vs driving vs parking lot vs side of the road? Does your legal protections change?
As far as I know, an RV or campervan, if it's parked on publicly accessible land, is primarily classified as a vehicle, even if it doubles up as your home, and therefore subject to traffic stop rules. How the law works with stand alone caravans that are not connected to a vehicle, I don't know. This is UK legislation though.
What about if it is border patrol?
I live in San Diego and there is a border patrol checkpoint on the freeway running east to west. Anyone who refuses a search gets harassed and has to wait 20 minutes for them to get dogs
*Border Patrol has a history of exceeding the authority given to them by the courts.* The checkpoint is legal, it is legal to check you immigration status, and a brief detention for a dog sniff is legal.
However, without RS I doubt they have the authority to extend the detention to wait for dogs (who likely have a 100% hit rate) to arrive from another location, and invoking your 4th and 5th amendment rights cannot form the basis for RS.
I don't know what the ruling would be if the dogs were already present and you were just waiting your turn in line for them to search.
You mentioned that under Mimms, police do have the authority to order you out of your car. What grants them the authority to order you to get back into the car if you get out as soon as you pull over?
You means besides the gun they'll use to shoot you if they (mis)interpret your actions as a danger? While Mimms was specifically about ordering somebody out of their car, it and terry are the basis of rulings that cops have significant authority to control your movements to protect themselves. Of course they could handcuff you and put you back in their sar if you'd prefer.
This has become one of my favorite channels!
Do you do any kind of lecturing/guest lecturing at universities? I'm sure I'm not the only L1 (granted, from a few decades ago) who would better benefit from even this 10-minute video that slogging through a dry, dusty, boring chapter of a book. You make it easy to learn.
Videos like these could also be played in high school Civics classes. In fact Mimms and Terry should be part of any driver's ed curriculum. Of course the Driver's Manual should align with the law and police procedures regarding when you can proceed after being signaled to stop. The Manual says you can go to a lighted area, but the cop then can PIT you or stick a gun in your face for a felony stop where you "eluded" detention at 20 mph. No where in the Iowa Handbook does it state you must exit the car when ordered by a LEO. That should be in all caps at the beginning of the Handbook. It also seems I will make a different decision on where to stop given if I know I have to exit the vehicle or not. A shoulder that is not much wider than the car seems like a really poor place to pull over.
What if you have a car with one of those combo locks? If you lock it up, they can’t get in without knowing your combo. They can’t compel you to tell them your combo, right? But what if they still want to search it? Will they break in or something?
What if you're ordered to exit the vehicle and leave the door open?
I was told to exit the vehicle as ordered, but close the door against the order because leaving the door open gives the police implied consent to search because the door was left open.
I've also wondered about the indicators that show when an interaction with police is consensual or voluntary if no flashing lights or other indicators are present? Is it best to not raise this issue and just let the LEO step into a trap of his pwn making?
I have injuries to both hips; I can't walk a straight line, as I have to fall either left or right to support full stage walking. Sometimes, I rely on a cane, but after seeing an old guy get shot for reaching for his cane, I am very concerned about using one. Plus, it makes me look like an old guy (I am an old guy)!
Hello sir..thank you for the laws of ur state. I live here in Surfside Beach SC …of course different laws. Bless u and ur family…
Great advise as always.
Interesting situation, I had a suspended license for many years, I got it back a year ago now, and while my license was suspended I was pulled over numerous times with no pc for the stops, however, I didn't know the laws, and my rights, therefore I ended up with many dus that could have been avoided which ultimately perpetuated my situation. I now know these things, and have a dash cam, ect. I've unintentionally sped past cops where I'm traveling even as much as 20 over, as well as just missing a yellow light right in front of a cop, and now I haven't been pulled over once. (Far from complaining, just an observation) in the past I've even been arrested for obstruction, resisting arrest, assaulting an officer, for refusing to id after cops pushed their way into my house, and they were called for a check welfare 2 doors down. They were at the wrong address which I informed them of numerous times. They dropped all charges and released me after I informed them of the security cameras that witnessed the entire situation. I appreciate all of your videos, because not all cops are honest, or remotely morally upright individuals, and most of us don't know the laws, or our rights... so, thank you. 😊
Sounds like the cops are well aware of who you are.
I would really like you to compare and discuss two specific cases that may seem to contradict each other.
Pennsylvania v. Mimms, 434 U.S. 106 (1977)
Rodriguez v. United States, 575 U.S. 348 (2015)
As I understand them... the officer must have reasonable suspicion for the extension of a routine traffic stop to be lawful; i.e. conducting a criminal investigation. A routine, brake light, turn signal, headlight, ect would seem to be distinguished in Rodriguez as different from a "Lawful Detention" under RAS of a crime.
What about your passengers during a traffic stop. Do they have to exit the car? Should they refuse to talk to the officer? Do they need to hand over ID?
hahahaha smoke going across the screen when talking about weed. Pretty funny.
as someone previously stated, what if you don't feel safe and threatened, fearing for your life, of getting ordered out of the car, does calling 911 and seeking "help" do anything?
I imagine the reply would be something along the lines of 'We already have officers at the scene, sir/mam. Please direct any concerns for your safety to them'.
If a police officer orders you out of the car, and you comply, can you insist on closing the car door behind you? Can the officer insist on holding it open? Likewise, if they order a passenger out of the car, can you insist on the passenger's door being closed after the passenger gets out of the car? This could have a big impact on what is readily visible from the outside of your car.
As a note about people with lower extremity or mobility issues, one of the factors, if I read the manual correctly for DWI probable cause is how people exit the vehicle. I have degenerative spinal disease with multiple herniated discs. Climbing out of a car is awkward for me. Mr. Gouache gives excellent guidance about telling the officer.
Also, if you inform an officer about a disability, it provides you with institutional remedies under the American with Disabilities Act, totally different than the lawsuit/qualified immunity avenue. But just because you have a disability does NOT mean you are covered by the ADA, and in fact mobility issues are one of the more complicated ones. If you aren't sure, get a lawyer. :)
Andrew, just catching up on some of your excellent and fairly priced legal counsel, thank you. 😉 Two on topic queries, if I may. 1. If asked or ordered from a vehicle, can an individual bring anything with him or herself and have any legal expectation protecting from search& seizure? ie. Zipped/locked back/chest/fanny pack. 2. What, if anything in a vehicle has legal expectation of privacy? ie. Closed/ locked backpack, toolbox, suitcase, glovebox, center console, etc. Thank you for your continued community service (hopefully not mandated 😉😉) and most certainly please keep on dropping reason, knowledge, and experience for the U.S. citizenry, it's truly needed and much appreciated. 💯🏴☠️🎭🤙
Another excellent and informative video. I have always wondered about the officer safety part of Mimms.
Thank God for you!
The stop is not necessarily the result of the officer's belief that an infraction has been committed, such as a retaliatory stop. They may be simply making up something, as in a pretextual stop. Also, NEVER submit to roadside sobriety tests, unless mandated by your state's laws (I am not aware of any). It is almost always a good idea to comply with an officer's request to exit a vehicle. You can argue about its legality later.