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I have half joked for the last 40 years that the requirement of a warrant is now the exception and not the rule. There are still warrant requirements, but it is so easy for police to sidestep the warrant requirement, the 4th Amendment is on is on its last legs. I have seen a police report that said the police might as well get a warrant because the police know I won't consent to a warrantless search.
“We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution but to overthrow the men who wold pervert the Constitution” - Abraham Lincoln
Question, can police confiscate your phone while detaining you because you have it (and so they can ensure you can't record the interaction, conveniently ensuring its your word against a police officer, allowing them to lie, violate your rights, frame you with planted evidence, or even make up a 'feared for my life' lie because you invoked rights and he ends you for having the nerve to say no) I only ask because my only comfort for my fear of cops is knowing that so long as I can be honest and be able to prove it in court. With cops and courts, its guilty till proven innocent or guilty till proven rich, and I want know I can safely prove my truth against the word of an authority figure who can seemingly do whatever he wants by lying. If I were a dirty cop looking to ruin someone and get away with it, first thing i'd do is confiscate the phone, get out of view of the dashcam, and the sky's the limit. So is there any law or protocol that would prevent or discourage a cop from confiscating or destroying a phone or camera?
The problem with courts continuing to grant exceptions to the constitution is that eventually ... the constitution will become nothing more than a list of suggested ideas
Its already there Jeeves. Haven't you been watching all the videos where cops do what they want. When a cop breaks the laws what are you going to do? Call the cops?
I agree. But the solution to this has to come from getting the elected officials who set police budgets to make it clear to the police commanders that the police budgets are set based on police behavior. That happens by applying political pressure on the elected officials.
@@engineeringoyster6243 that is such a short sighted and foolhardy tactic I just can’t comprehend that someone would think that’s a good way to influence people police behavior. here’s the thing there are in fact criminals that need to be policed. first things first.
Have a friend who is a U.S. Government employee who was stopped and was asked to search his briefcase. He refused continually for several minutes until, the cops ripped from his hand and started to open the item when they saw a U.S. government seal on the lock. My friend informed them that it’s classified material he was taking to a government office. They opened the case anyways. Well it tripped a cellular alarm that notified a government security office. Within minutes they were surrounded by a group of federal officers who proceeded to arrest the officer who broke the seal to the case. Least to say he was detained for several days without being allowed to contact his attorney. Basically they ran a complete federal background check on the individual to make sure he was not affiliated with any terrorist organization. The Feds then took him to his station where they were read the riot act on searching Anything with a federal security seal. Rumor has it that this department lost one year of federal funds for this incident and the officer was relieved of his employment.
@@stormyweather9917 lol, I mean, I think it’s gotten worse over the last 30-40 years. Just a few weeks ago, I was asked to basically not shop at a local store because I had a backpack on.
Note, Be CAREFUL how you answer because they MAY ask you that question in a manner that answering 'No' actually says that you don't mind that they search. ..such as; "Do you mind if I search your **whatever**..?"
Also, if you consent to a search, you're F'ed if a cop who doesn't like the look of you decides to plant a baggie. Always object to a search because it gives the lawyer something to work with in case you're dealing with a dirty cop.
Mooo. Listen to your owners and go the the next field. If is public land, ur not obstructing, if ur free to go, ur free to stay. What of ur on ur own property? Still gonna leave and give the cops carte blanch? This kind of simple thinking helps no one.
@@twitchell2682 Continuing your "consensual" conversation with the police will only lead to your arrest when they bait you into something they feel is a confession. Don't talk to the police. If they're on your property, tell them they're trespassing and ask them to leave. They may choose not to, but it will be much harder for them to explain, in court, why they stayed. If you were foolish enough to open your door and they now have their foot in the doorway, tell them you do not consent to any searches, you want them to leave and then WALK AWAY to another room. Let them stand in the doorway if they insist on doing so. Again, they may continue to trespass, but you're in a much better position should this go to court. Always remember that the city of Greeley paid out $200,000 when their police officer forced his way into a woman's apartment without a warrant and arrested her. He got fired. She got 200 grand.
There are to many exceptions to the 4th amendment. At this point we the people better start demanding that our representatives in government strengthen our 4th amendment rights.
Regardless of the situation… keep repeating “I do not consent to any search of myself or my possessions.” It sets the precedent for your lawyer to argue an illegal search was conducted.
My question is if you are at any location, car, open park, or whatever, and cops "make up excuses for searching, you really don't have any recourse except to watch them search. If you refuse, then you are getting arrested for some bogus charges. THEN you have to hire a lawyer and dish out money you don't have to have charges dismissed. There should be ruling that if charges are unfounded, then, locality pays legal fees. I've seen a occasion where person said and did everything you recommended and got arrested for interference with investigation because person explained "right to remain silent ". Lawyer got charges dropped at cost of $3,800. Who has that much money because of crooked cops.
This is part of the problem. They'll arrest you for a petty charge - say, loitering for example - so they can now search you. If they find nothing, they'll drop the charges. One thing that needs to change is, if a cop arrests you, nobody except you can drop those charges. MAKE it go to court, where that cop has to explain his reasonable, articulable suspicion that a crime was being committed, AND that crime necessitated a search.
@@tbdrummer67The vast majority of people would likely go to great lengths to keep their criminal case from going to trial. Most are very happy to just walk away with all their charges dropped, and not have it hanging over their head. Cops, prosecutors, and judges all know this, and they use it to their advantage.
Cops advance in their careers through arrest. When violent criminals are too dangerous to pursue, they 'll take me and you. You can be sitting on your front porch minding your own business and police can accuse and arrest you for a crime. Yes, there's a video of this very thing. The couple were senior citizens.
"It doesn't matter what rights you have under the Constitution of the United States, if the government can punish you for exercising those rights. And it doesn't matter what limits the Constitution puts on governments officials' use of power, if they can exceed those limits without any adverse consequences." Thomas Sowell
HOWEVER IF we end qualified immunity then all that goes away. Nevada has done that and no il affects or excessive suits because government actors knew the law all along but ignored it until they had no immunity.
@@djea3589With all the videos of improper searches, wouldn't it be reasonable to assume that the action that you are going to try to do is illegal until proven otherwise.
Problem today is that cops will just say I thought I smelled weed or alcohol to use as “probable cause” even thought they don’t’ have any proof or suspicion. They say that to cover their arse. I know this because I was pulled over one night taking meds to my GF at the time. It was like 2-3 am. I got pulled over and the cop said that he smelled alcohol on my breathe which was a flat out lie because I don’t drink. He was doing this and was fixing to make me take the FST until I told them to call my dad which was a Sargent at the time. They immediately let me go. Cops are some of the worst crooks with their vague statements they are allowed to use. They almost all LIE to justify their actions and majority of the time they get away with it because of their “WE TAKE CARE OF OUR OWN” motto.
@@MonkeyJedi99You're driving one mile an hour under the speed limit, you're driving one mile an hour over the speed limit, you're driving the speed limit. That's suspicious.
It always seems to come down to whatever works best for the police and our rights are violated. And if we don’t like it, or feel we have been wrong there’s very little recourse
and cop always lie, they smell marihuana for example, imagine when cop claims he smells marihuana just to search your can and whatever he finds if he dont find marihuana everything is thrown because the smell was a lie just to get acces to the car and search it illegaly
It's not the police its the government the police just work for them, our government has placed our Constitution in chains with fake concerns with your safety
I am amazed at lawyers who are arrested for not talking say they understand their rights when told they have the right to remain silent. Hell no I don't understand my rights. you are arresting me for exercising them.
Was pulled over and officers wanted to search my locked tool boxes because they were under the impression I had stolen firearms in there. I knew there was nothing inside because I just bought it the day before I didn’t let them with out a warrant. Turned out they had wrong vehicle. They weren’t happy. They tried to give me a ticket for tint but they didn’t have a meter .
When simple minded low self esteemed “Barney Fife” wannabes get shut down and humiliated they will escalate by making up a law that doesn’t exist in retaliation for being humiliated.
what makes you think there is something unsafe in the back pack? why do you always jump to the wrong conclusions? your just looking for an excuse to bother someone.
Couple things to remember. #1 Your safety doesn't matter. #2 Assert your rights then zip it. #3 The cops are going to do what they want regardless of what you say so zip it. If they're making a mistake, don't try to correct them and stop them from what they're doing. Let them keep making the mistake and digging the hole deeper. it only helps your case if they're screwing up. It's like in war, if the enemy is making a mistake DON'T TELL THEM!
@@BackwardTravisty So glad he's dead and gone from us. He hated Dr King and he and Johnson connived to accelerate the draft during the Vietnam war resulting in the drafting of a higher ratio of young Black men such as myself although we made up about 12% of the total population.
A couple of opinions, based on experience: 1) One reason why you NEVER consent to a search of your car is, it has likely been in the custody and control of others. (Car washes, repair shops, etc) It is always possible someone had something fall between the seats, or under them. Always politely decline, and explain these issues as a reason. 2) If you decline a search, the police will threaten to get a dog, and detain you until they get one. EVERY police dog is trained to alert on command. So, even if the dog does not sniff anything, if the police want to search, they will make the dog alert. Any dog handler that denies this, is outright lying to you. (22 years experience with dog handling) 3) There is a couple of reasons for searches. For a person, the search generally requires probable cause. This is a more rigorous standard. (They witness an offense you did, you match a description of an offender they are looking for, you are hanging out with known drug dealers, or in an area known for drug distribution, etc. For bags, they only need reasonable, articulable suspicion. This is a MUCH lower standard. They basically can report that you were acting nervous, sweating, had speech issues, etc. Of course the other way is for you to consent to the search. The courts have maintained that in the interest of curtailing drug trafficking and drug profiting, (primarily in travel locations like bus or train stations, airports, cruise ports, etc) they can order your bag be detained if they can articulate suspicion, and you decline a search, until they get a dog or obtain a warrant. You can have the bag confiscated until they get one of these things. They will give you the option of waiting with the bag, or will usually let you volunteer to surrender it, so you can continue on your travels. The bag can be detained for a "reasonable" period. (Some courts have said this could be 12 hours, or potentially up to 72 hours in limited cases.) Getting the bag returned to you will be your responsibility. (either go pick it up, pay for shipping, etc) Thanks for the video.
For the dog point, would carrying treats or food that allow for a case to be made that the dog made a false positive? I heard that male police dog reacting to a female's scent might also be a thing
@@inuendo6365 Dogs are normally rewarded with their favorite toy or with attention after they have found the contraband or cadaver. Treats are generally only used during the training period, and then primarily for training dogs to track by scent. I am not aware of any dogs that alerted during a women's menstrual cycle. They are trained to discover specific targets. (drugs, explosives, cadavers, etc.)
That’s fantastic. So you leave the bag there, they plant something in it and claim they found it in the bag and is, therefore, yours. So they have something to charge you with.
@@TheSimmpleTruth They are looking for cash when they want to search your bag. Their goal is to confiscate (steal) the money you may have been traveling with. If they find drugs only, as long as it is a nominal amount, they will just give you an appearance order and send you on your way. When they detain the bag, they are looking for cash or jewelry, which they claim as proceeds obtained from illegal (drug trade usually) activities. This gives them the "legal" right to seize it. Most of the time, the amount does not justify the person filing a civil suit against the department to reclaim it, so they just give up on ever getting it back. Within the last month, there has been a law passed to ban this activity, but we will see how it goes from there. Lots of laws are on the books, where government workers continue to ignore them. My advice is that if you are going to travel with cash (over $1k) have a paperwork trail that shows the chain of custody. For example, show a deposit slip (or slips) that add up to be more than the cash amount you are carrying, and then also have a withdrawal slip from the bank showing the amount of the cash you have on you. If you are traveling internationally and you have more than $10k, ALWAYS claim it and file a Fincen form 105. If you are traveling inside the US, there is not a dollar limit cap on what you can travel with....Just keep in mind that if you draw the short-straw, it will get confiscated 75% of the time. It will cost $10k-$30k in legal fees to try to get it back. For that reason, it simply is not worth the risk....Open an account at a bank that has branches in your origin city, and in your destination city, and just withdraw the cash when you get there. Fortunately, they tend to do this Highway Man activity at the international hubs of airports, and not at every gate. I travel to Vegas and Biloxi, and often have $6k-$8k in cash since I am going to visit casinos. So far, I have never seen one of the legal robbers in the gates I have used on these trips. (That is likely because everyone on the flight has $2k-$9k on them, and the casinos would bring their powerful lawyers down on the agents that interrupted their cash flow.) It is actually pretty hard to move and use large amounts of cash nowadays for legal activities.
One minor but important detail. The Constitution does not GRANT us the right to privacy. The right to privacy is a basic human right derived from our humanity (for the non-religious) or "endowed by [our] creator" (for the religious). The Constitution does not grant any rights. Human rights are intrinsic to us as humans. The Constitution merely recognizes some (not all) of those basic human rights and limits the government's ability to infringe upon them.
You're splitting hairs and missing the point. It designed to protect your privacy from government tyranny. The result is the same. However you want to word it.
if the constitution doesn't give us the right to privacy then we have no rights to begin with , think the fundamentals of a star is it's gravitational pull the fundamentals of the bill of rights are made up of less talk about rights
“Congress shall not abridge the right to free speech.” Note the word ‘abridge’. That means that the right to free speech pre-existed Congress. It pre-existed any government because it comes from merely existing as a human being.
In most states, no special warrant is needed to search through a locked glovebox or center console in conjunction with a lawful roadside arrest. There's little difference between them and a "locked" trunk.
@@krane15 and I can't protect the officers safety if I am unarmed. Trying to take my gun from me is a very UNSAFE thing to do. spoiled carcass can't make up a reason he could do it later.
Yup...but cops won't discipline themselves... They like to exercise their ego. Power corrupts those in whose hands it is placed. How do you like dealing with reprobates? Too bad...that this behavior ultimately destroys our culture.
I have never been arrested and not doing criminal activity most of the time and I taught my children their rights as soon as they could understand. My 2 year old Grandson would see police and say "We are not answering questions." LOL But seriously, none of us should trust them. They are taught the public is their enemy and a constant threat.
It is the failure to stand on your rights that makes it more difficult for others to insist on theirs. The police get incensed when someone doesn’t knuckle under just because so many let them do what they want.
We the People should have never entrusted 9 unelected 'pundits' with the authority to write a 200 page interpretation of one straightforward sentence from the Bill of Rights
At 12:12 Surprising error for a lawyer. The Constitution does NOT "grant" you rights. The Constitution articulates and protects rights which are FUNDAMENTALLY yours!
👍👍 The one thing I wanted to know you didn't cover. What if the backpack is locked or you're not doing anything, and they just stop and say you look like someone they are looking for
Excellent video. One point I would stress regarding the Exigent circumstances exception is that it does not remove the requirement for Probable Cause, it simply removes the requirement to obtain a warrant first. Reasonable Search = Probable Cause + Warrant. In that formula, Exigent Circumstances can replace Warrant, but that is the extent of its reach. Far too many times I've seen LEO claim they had exigent circumstances for a search, but they didn't have probable cause in the first place.
Cops Probable cause " we couldnt find it in car so we belive it must have been in his back pack" Judge "sounds resonable I'll let the appeals court deal with it"
people need to understand one very important fact: having "nothing to hide" does not in turn imply or require that you have "everything/anything to reveal"
I have nothing to hide. I have a Constitution to protect. I can no more waive my rights than I can stop breathing. In fact me stopping breathing is the only way I will waive a right. Remember, it doesn't matter if you did nothing wrong. all the cop cares is what the computer says. They bust some child molester in california, and he gives them your name. and then you foolishly give the cops your name in deleware........
I’m retired, but when I was teaching I had a student named Broady, who actually lived out of his car. He had long hair, a black leather jacket, and a ratty old car. He worked at a Burger King one affluent county over, and I would go home along the same route that he took to work. About twice a week I would see him pulled over with all his stuff tossed along the side of the road by police. Thing is, the kid didn’t do drugs or drink. After a few times, I called the police dept, and they assured me their officers were acting completely within the law. I told that kid he needed to get a different job out of that county if he wanted to stay out of jail.
@ i ran in to him several years later. Still long hair, and working as a Ford tech at a dealership. Had a much better car, a Ford F150, and a steady girlfriend. This is one of the nicest kids I ever taught.
@ you know, I’m a conservative, but even I disagree with that. Some of the smartest people I have ever known looked like bums. Some of the nicest looked like thugs. Out police should, of all people, not judge on looks.
1) Say clearly that you do not consent to a search. 2) Say that you will not impede a search but will hold the officer personally responsible if it is illegal. 3) File suit to resolve the issue.
If you are being arrested for a traffic violation or something that doesn't have anything to do with something in your car they shouldn't be allowed to search your car.
The main problem I see with most of these arguments is when a cop states“they think”. This is too open to interpretation. The cops can make up any excuse to make it appear to reasonable.
I've been seeing cops justify "Search incident to CITATION." They also like to "arrest" a person so they can search then unarrest, which is illegal, but who's going to charge them?
SCOTUS has made Swiss Cheese out of our rights!! It would be great if SCOTUS takes up new 4th Ammendment violations and go back to original intent of the 4th Ammendment including as a pedestrian, in a public place, in your automobile and especially at your residence!
I was once in an accident and taken to the hospital. My bag was transported with me. The police had come to ask me about the situation that had initiated the scenario. I had the wherewithal to tell them that I had been given morphine, and would be very vague in my answers without an attorney. On their way out, they asked to search my bag, for safety. Even in my extremely high morphine state, I knew that there was an extreme likelihood that there was a mass accelerator in my bag…... I’m very proud of morphine high me telling the police that I don’t consent to searches. 😅
Speaking of searches, how come we have to submit to a warrantless search inorder to enter our public court houses. How is it legal for the TSA to search airline costumers without warrants
Or just anyone passing by could easily snag it. I'd rather not have my property stolen. (If it's stolen and the police recover it, it's a given that they would perform a search it to determine the contents.) Or someone nearby might call the police to report a "suspicious package", because plenty of fictional TV shows have made people in our society paranoid about such things.
@@jdak537 "Or someone nearby might call the police to report a "suspicious package", because plenty of fictional TV shows have made people in our society paranoid about such things." Well, and the the PA system at every airport.
Heard directly from the mouth of a Virginia Beach police office: " there are three kinds of people in this world, police officers, criminals and potential criminals".
11:42 is very important. The road side drug tests have identified Krispy Kreme glazed doughnut icing as Methaphetimines. Blue cotton Candy sent a women to county jail for a month. Sure she was later found innocent, but lost employment and a month of her life in county lockup. Splenda also tested positive as meth, In that case the officers supervisor tested splenda, and release the driver. So the lesson learned in keep car spotless, and never consent to search.
It gives them permission to DESTROY your backpack as well. One dumb women gave cops consent to search her home. They demolished it, and judge said you consented to them searching.
I'll tell you something, cops can do whatever they want basically... and get away with it flat out. If your thinking they can't you're wrong. So maybe if you have the time and the money to pursue it...and the situation is crazy enough to begin with, then you might be able to get some type of kind Justice... maybe,, but for the most part, no.
A normal citizen, has no chance against such a corrupt system...😢 Cost alone prohibits that.😢 Only special circumstances and getting noticed may give you a fighting chance...😢🤞
We haven't had a Constitutional Government for decades; it has been whittled away bit by bit by bit for years. We don't live in a Constitutional Republic anymore. With so many exceptions to the rule, the rule simply disappears. This isn't limited to law enforcement, it more broadly applies to any politician and the collective governments as well, municipal, county, state, and federal.
I makes it abundantly clear to everyone that you don't consent. Especially if everything is being recorded. That way when it becomes a constitutional issue in court, absolutely ZERO people can misconstrue what you said.
@daviking-88 I understand the what and why. Just not the how we came to understand things the way they are now. In school 20 some years ago my dare officer would explain different scenarios. Some of them required keeping quiet. All the years of dare and never once was actually invoking our right verbally mentioned. I only found out a year ago or so watching auditor channels.
Keeping wild raccoons is a bad idea but government is insane nowadays. Requesting a vet to look at them should have been the maximum they should have done.
@@patrickday4206 It was not a 'wild' raccoon or squirrel If they were so fk'n concerned about the welfare & well being of the two animals Why did they execute the animals? Fk'n government Nazis
You cannot. It is almost impossible to recoup your economic losses If you are wrongly accused and spend $200k on an attorney, a real possibility if ever charged with a serious felony, you are SOL if you get acquitted. That’s just considered the cost of doing business. Sadly
What I usually see happen is a K9 is brought to the scene. Then they say the dog has “alerted” and no longer need a warrant or other circumstances to perform a search.
Right. The dog should at a minimum, altert to what is in the vehicle. One paw for drugs, two paws for firearms, two paws two times for cash lol. Something like that. If I say I smell weed and I search your car and find a gun, is that fair?
What is being done to address the purposefull manipulation of truth that seems to be prevalent and even taught to our peace officers? What or who is behind the increasing level of unjust behaviors within the law enforcement community?
I love that you said that about it not just being your rights you are standing up for but you stand up for everyone's. I have long said that when people would argue that if you don't have anything to hide blah blah blah. Looked at in a different way, complying teaches tyranny what it can do.
In exigent circumstances if home owner has a large dog that is inside your home and people suddenly run in your home and dog bites them, is the homeowner responsible for that?
Trick question, the dog would never get the chance. The question is would the homeowner be billed for the bullets used to preemptively execute the dog in case it defended its home?
If they enter your Home, they don't have Pepper/Mace spray to render your pet non-dangerous as a lesser means of force, instead of murdering your simply non-human member of your Family ?@@xcfjdyrkdtulkgfilhu
I’m impressed by this video. I particularly enjoy the great points and smooth segues (I would love to have seen you in court!). I love the idea of creating a precedent for cops to treat the less fortunate with equality instead of as “less than.” I enjoyed reading the wide variety of comments, and I m glad to you engaging with us. New subscriber!
I have to pick a bone with one statement that you said. The constitution does not grant rights. The constitution and shrines those rights and limits the government’s ability to infringe upon those rights. The rights are inherent and were there before the constitution.
Useful advice and you pitched the heck out of that recliner. As a premium subscriber I don't love this kind of sponsorship but I do appreciate when someone really gives it their all.
How are we going to protect our privacy when our media devices all have an AI assistant that records everything and has total control over our data and key strokes ? Please let us know. Encryption will be a thing of the past as it logs keystrokes.
@@kimhuskey6115 True. If you think about it though, this so-called AI is not going to make any difference in your privacy. Backdoors and software tools already allow law enforcement full access to your phone. If you used cloud storage as a backup or to sync all your devices you've given all that information to the government. With how cheap storage is the government built those massive fusion centers around the country specifically to suck up and store all our data. If you think for one second you can delete 1 byte of data from Google you're mistaken. At best they remove things from your view but it's all still there and if the government doesn't have it Google will gladly turn it over. In fact, some companies, like phone companies, routinely do a data dump to the government every few months as routine business. You may think you have privacy right now but it's an illusion.
I had an encounter about 10 years ago where I was detained and terry frisked. My backpack I was wearing was searched. The cop managing the encounter was not someone I wanted to see again. I never made a complaint, but I never shopped in that community again. Communities do not realize the harm they may be doing to their local economies by discouraging local spending by the mere fact that they have bad cops.
How do you reach for a weapon or to destroy evidence if they are handcuffed? What about if the arrest was illegal? What if its a pre-textual stop. What about " fruit of the poisonous tree"? NEVER consent to a search, even if you are under arrest. State loudly " i do not consent to any searches or seizures of my property" so that your lawyer can sue them for the violation of your rights.
That's what I was kind of thinking. Like I was even going further and thinking unless they are searching a bag while its in your hand or something, as soon as they take it, it's no longer in your control and no longer a potential threat and no longer should fall under that loophole.
What if, as the cops approach, you throw your backpack 15 feet away onto the grass, is the bag protected because it is then not in your immediate control?
Works both ways. I got cop to answer my question when I could get my car back. He said when I got out. Well at 2am, as the cop said, I walked to the impound lot, and drove my car home. Good reason to keep planks in your trunk to put over those tire spikes.
I just found you on line and find you to be very informative as well.as.easy tovunderstand. Thank you so much for your efforts. I've been telling people for years they need to male police do there job. The appropriate and safe way. We need to know and stand for our rights as individuals as well.as a nation..
@ Our Mexican National friend didn’t seem to be too happy with it. What good is paying police to spend a lot of time searching innocent people with no probable cause hoping they have drugs so they can solicited a personal bribe?
Erwin Schrodinger would argue that the presence of contraban inside the backpack was in superposition prior to opening the backpack. It was neither present nor absent. It is the act of opening the backpack by the police that mayerialized the presence of the contraban.
3:27 The loophole the cops try to use when a bag is several feet away from you is to ask the detained person, "Hey, is this your bag?" If the response is "no", then they consider it abandoned property, which means they will search it without a warrant.
Since when can the Constitution be rewritten by judges? Even Supreme Court judges do not have the authority to make changes to the Constitution and simply rewrite it with their rulings!
The SCOTUS claims not to rewrite the Constitution. They just call balls and strikes. Interpret the law. We have 6 Hard Right Wing justices thanks to TFG. They interpret from the fascist viewpoint. They want to take AWAY rights from the average citizen.
Example: "Ahhh, 1st amendment...for writing letter...but not 🚫 on your computer 💻... Example 2: The 2nd Amendment is for hunting and sporting purposes...With extreme *regulations*! (Vs SHALL NOT BE INFRINGE) Anyone see the problem. Just listen 👂 to the attorney! Your rights are being reasoned away...And your being FORCED into word salad 🥗 and mensush argumentation!
Pig: "If you aren't doing anything wrong, you don't have to worry about what's in your bag." Me: "If I'm not doing anything wrong, you don't have any reason to look in my bag. I do NOT consent to any searches of myself or my gear. Have the day you deserve, Officer Krupke."
Make police regret searching. Get yourself a container that locks, put it inside another container that locks, put that inside another container that locks.. get where this is going? And in the very last container the one all the way on the inside keep a copy of the constitution.. locked containers are different then not locked containers and a judge is going to get really pissed approving 20 warrants that are virtually identical.. that should show those jerks
@@krane15 They most definately will regret it because now that a judge has to individually give a warrent to 15 locked containers... the judge aint going to sign off on any more silly warrents and that cop is going to be pissed off when he repeatedly cant get a judge to sign off on it.. not the oh he gets in trouble so he regrets it.. no no.. the his job is now 100x harder for the same money screw this go work at mcdonalds style regret.. plus the HUGE massive payout from the 15 federal offense counts lol brady list so fired possible.. like when you take their pension away because they did a 18.242 and you got 'em on it.. yeah they can cry themselves to sleep
If you are in a vehicle, you are done. Don’t forget, if your car is towed your vehicle is subject to an inventory search as a matter of practice. No warrant is necessary.
Yes of course. And more than likely your lawyer will advise you to say nothing to the police or the prosecutor. Even in a sworn deposition your lawyer will advise you when to answer or not answer a question.
I hope you got an extravagant bonus for that overly long and soooo excessively extended endorsement for the reclining chair and standing desk. Did they ask you to talk about it for a whole 5 minutes? I got bored during your commercial, to the extent that now I REFUSE to buy the product you were selling. Do you own part of the company, or something? Just say your peace and get on with the program already.
I saw a body cam video of some southern good ol' boy deputy trying to get consent to search a vehicle. He was talking to another deputy about how to search when he offers a suggestion. With a thick drawl he said, "Ah ken are-TICKLE-ate 'officer safety' all day long". The War on Drugs is among the worst self-inflicted calamities in American history. The Nixon administration wanted to outlaw being a non-White, non-Christian drug user (except alcohol or tobacco), but they knew they it would never work, so they just outlawed the things they thought those people did. Now the police can use that excuse to commit literal highway robbery in the guise of "drug interdiction". I also believe fellow Veterans should be barred from law enforcement. Aside from the use of weapons, there's no correlation between war fighting, and civilian law enforcement. Too often police see people as lawful enemy combatants, rather than fellow citizens.
Heres the deal. Unless youre a somebody, a child of somebody, or the cop already thinks this, that bag is getting searched no matter what and if they find anything, youre going to jail. Dont resist. Go calmly let them arrest you, bond out and hopefully you are able to fight this. This happens just as often even with camera to record. Even if you have a slam dunk lawsuit case, you still need the resources and support to fight it. They win more often than lose
@@jeffrielley920 True, however if you get it on film or you can pull the badge cam you can sue now. It's still B.S. of course, but it's always worth your trouble to at least try to stand up for your self.
No. That's wrong. The reason you say those words is not to stop the police from doing the search, they're going to do what they want, but to give your lawyer something to work with in court.
How does the "immediate surroundings" or access concept play out, if instead of an open or fast open zippers container, you're carrying a hard sided, locked container, that takes some degree of time and effort to open or access?
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What if the backpack has a lock on it?
I have half joked for the last 40 years that the requirement of a warrant is now the exception and not the rule.
There are still warrant requirements, but it is so easy for police to sidestep the warrant requirement, the 4th Amendment is on is on its last legs.
I have seen a police report that said the police might as well get a warrant because the police know I won't consent to a warrantless search.
So is it really legal ?
when NYPD want to search random
backpack/bookbags in the subway .
“We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution but to overthrow the men who wold pervert the Constitution” - Abraham Lincoln
Question, can police confiscate your phone while detaining you because you have it (and so they can ensure you can't record the interaction, conveniently ensuring its your word against a police officer, allowing them to lie, violate your rights, frame you with planted evidence, or even make up a 'feared for my life' lie because you invoked rights and he ends you for having the nerve to say no)
I only ask because my only comfort for my fear of cops is knowing that so long as I can be honest and be able to prove it in court. With cops and courts, its guilty till proven innocent or guilty till proven rich, and I want know I can safely prove my truth against the word of an authority figure who can seemingly do whatever he wants by lying. If I were a dirty cop looking to ruin someone and get away with it, first thing i'd do is confiscate the phone, get out of view of the dashcam, and the sky's the limit. So is there any law or protocol that would prevent or discourage a cop from confiscating or destroying a phone or camera?
The problem with courts continuing to grant exceptions to the constitution is that eventually ... the constitution will become nothing more than a list of suggested ideas
That ship has tried to sail, and some of the dingies have already left port.
Its already there Jeeves. Haven't you been watching all the videos where cops do what they want. When a cop breaks the laws what are you going to do? Call the cops?
Its already just a list of suggestions
@@chrisd.4676 it says unreasonable
Probable cause is required to NOT be unreasonable.
We are supposed to default to liberty over security. This trend of giving law enforcement more and more passes and power needs to be reversed.
I agree. But the solution to this has to come from getting the elected officials who set police budgets to make it clear to the police commanders that the police budgets are set based on police behavior. That happens by applying political pressure on the elected officials.
Tell Trump that.
@@truthseeker4298 I think you mean Biden, you know the one who weaponized the justice system against their opponent
use your 2nd amendment rights.... PROBLEM SOLVED!
stop choosing to be victims.
@@engineeringoyster6243 that is such a short sighted and foolhardy tactic I just can’t comprehend that someone would think that’s a good way to influence people police behavior. here’s the thing there are in fact criminals that need to be policed. first things first.
Have a friend who is a U.S. Government employee who was stopped and was asked to search his briefcase. He refused continually for several minutes until, the cops ripped from his hand and started to open the item when they saw a U.S. government seal on the lock. My friend informed them that it’s classified material he was taking to a government office. They opened the case anyways. Well it tripped a cellular alarm that notified a government security office. Within minutes they were surrounded by a group of federal officers who proceeded to arrest the officer who broke the seal to the case. Least to say he was detained for several days without being allowed to contact his attorney. Basically they ran a complete federal background check on the individual to make sure he was not affiliated with any terrorist organization. The Feds then took him to his station where they were read the riot act on searching Anything with a federal security seal. Rumor has it that this department lost one year of federal funds for this incident and the officer was relieved of his employment.
The Police officer had no idea what he had done. They need MUCH better training.
Why would a “fed” get or have the ability to do all that in retribution. All I get is a day in court and maybe a dismissal, all still in my record.
@@bryanbryan2968lol. NO!
@@stormyweather9917 lol, I mean, I think it’s gotten worse over the last 30-40 years. Just a few weeks ago, I was asked to basically not shop at a local store because I had a backpack on.
Law enforcement is the only field of work where you can be rejected for being too intelligent.
Even if you feel you have nothing to hide, you also have nothing to prove. Never agree to a search, always say no.
Note, Be CAREFUL how you answer because they MAY ask you that question in a manner that answering 'No' actually says that you don't mind that they search. ..such as; "Do you mind if I search your **whatever**..?"
@@waaynneb1808 It's easier to just say "I don't consent to any searches, thank you."
Also, if you consent to a search, you're F'ed if a cop who doesn't like the look of you decides to plant a baggie.
Always object to a search because it gives the lawyer something to work with in case you're dealing with a dirty cop.
Well put
@@jesusknight1 Follow up with "I am happy to wait while you get your warrant', so no obstruction BS either.
If they say you aren't being detained --- LEAVE! Don't talk to the police. Just LEAVE.
Mooo. Listen to your owners and go the the next field.
If is public land, ur not obstructing, if ur free to go, ur free to stay.
What of ur on ur own property? Still gonna leave and give the cops carte blanch? This kind of simple thinking helps no one.
@@twitchell2682- Foolish. They will escalate when you tell them no. Easier to walk. Then if they escalate, you have greater protection
@@twitchell2682 Continuing your "consensual" conversation with the police will only lead to your arrest when they bait you into something they feel is a confession.
Don't talk to the police. If they're on your property, tell them they're trespassing and ask them to leave. They may choose not to, but it will be much harder for them to explain, in court, why they stayed.
If you were foolish enough to open your door and they now have their foot in the doorway, tell them you do not consent to any searches, you want them to leave and then WALK AWAY to another room. Let them stand in the doorway if they insist on doing so. Again, they may continue to trespass, but you're in a much better position should this go to court.
Always remember that the city of Greeley paid out $200,000 when their police officer forced his way into a woman's apartment without a warrant and arrested her. He got fired. She got 200 grand.
And then get shot in the back... The caucasity of this statement 😂😂😂
@@jordanfranklin189 Magic bullets that shoot you in the back when you face them are a myth.
There are to many exceptions to the 4th amendment. At this point we the people better start demanding that our representatives in government strengthen our 4th amendment rights.
Government enjoys the power. It will never allow more freedom, only less, unless forced. We've gone too far down the rabbit hole.
If its not clear, the supreme court supports government (which it is a part of) not you.
Agreed
YES... 😮
They won’t, but I’m still willing to join you in this objective
If you are in fear of exercising your rights....You dont have those rights.
Absolutely.
True and this means that there is tyranny!
Regardless of the situation… keep repeating “I do not consent to any search of myself or my possessions.” It sets the precedent for your lawyer to argue an illegal search was conducted.
Also worth remembering that if police search your property with your consent and damage something, they are not liable for any damages.
Good to know 🤔
You could have just said "police are not liable for anything", since that's how reality plays out daily.
My question is if you are at any location, car, open park, or whatever, and cops "make up excuses for searching, you really don't have any recourse except to watch them search. If you refuse, then you are getting arrested for some bogus charges. THEN you have to hire a lawyer and dish out money you don't have to have charges dismissed. There should be ruling that if charges are unfounded, then, locality pays legal fees. I've seen a occasion where person said and did everything you recommended and got arrested for interference with investigation because person explained "right to remain silent ". Lawyer got charges dropped at cost of $3,800. Who has that much money because of crooked cops.
This is part of the problem. They'll arrest you for a petty charge - say, loitering for example - so they can now search you. If they find nothing, they'll drop the charges.
One thing that needs to change is, if a cop arrests you, nobody except you can drop those charges. MAKE it go to court, where that cop has to explain his reasonable, articulable suspicion that a crime was being committed, AND that crime necessitated a search.
@@tbdrummer67The vast majority of people would likely go to great lengths to keep their criminal case from going to trial. Most are very happy to just walk away with all their charges dropped, and not have it hanging over their head. Cops, prosecutors, and judges all know this, and they use it to their advantage.
Public defender could have done that much!
If not, sue for being given ineffective counsel!
@@tbdrummer67Pro se
@@Anthus.I'm not most people!
Normal people don't want to dig through other people's stuff.
Cops advance in their careers through arrest. When violent criminals are too dangerous to pursue, they 'll take me and you. You can be sitting on your front porch minding your own business and police can accuse and arrest you for a crime. Yes, there's a video of this very thing. The couple were senior citizens.
@@krane15 And that is the problem.
Cop don't think they normal..😊
Glorified hall monitors aren't normal people.
Cops aren't normal!!!
"It doesn't matter what rights you have under the Constitution of the United States, if the government can punish you for exercising those rights. And it doesn't matter what limits the Constitution puts on governments officials' use of power, if they can exceed those limits without any adverse consequences."
Thomas Sowell
What he means is keep your powder dry and aim small miss small
I think that you are correct!
HOWEVER IF we end qualified immunity then all that goes away. Nevada has done that and no il affects or excessive suits because government actors knew the law all along but ignored it until they had no immunity.
@@djea3589With all the videos of improper searches, wouldn't it be reasonable to assume that the action that you are going to try to do is illegal until proven otherwise.
Needs to be a lot more "adverse" consequences.
Problem today is that cops will just say I thought I smelled weed or alcohol to use as “probable cause” even thought they don’t’ have any proof or suspicion. They say that to cover their arse. I know this because I was pulled over one night taking meds to my GF at the time. It was like 2-3 am. I got pulled over and the cop said that he smelled alcohol on my breathe which was a flat out lie because I don’t drink. He was doing this and was fixing to make me take the FST until I told them to call my dad which was a Sargent at the time. They immediately let me go. Cops are some of the worst crooks with their vague statements they are allowed to use. They almost all LIE to justify their actions and majority of the time they get away with it because of their “WE TAKE CARE OF OUR OWN” motto.
“Why are you shaking? Are you nervous for some reason, or are you on drugs?”
@@jimmyrichards5595 "You are moving 'furtively'." "You are too still." "You look nervous." "You look calm" "You're avoiding eye contact." "You're maintaining eye contact."
PROBABLE CAUSE!
They will and do lie under oath. They call it “testilying”.
The freaking blue thin line gang sh.t, the protect each other. Blue KKK.
@@MonkeyJedi99You're driving one mile an hour under the speed limit, you're driving one mile an hour over the speed limit, you're driving the speed limit.
That's suspicious.
It always seems to come down to whatever works best for the police and our rights are violated. And if we don’t like it, or feel we have been wrong there’s very little recourse
and cop always lie, they smell marihuana for example, imagine when cop claims he smells marihuana just to search your can and whatever he finds if he dont find marihuana everything is thrown because the smell was a lie just to get acces to the car and search it illegaly
It's not the police its the government the police just work for them, our government has placed our Constitution in chains with fake concerns with your safety
Pretty much. The constitution is basically useless. We need a militia of minute ready to enforce our constitutional at moments notice
Wronged
@ calm down, Karen.
I don't answer questions , I don't consent to searches , I want to excise my 4th , I'm free to go ? exercise the 5th next
And the 6th lawyer up!!!😊
I am amazed at lawyers who are arrested for not talking say they understand their rights when told they have the right to remain silent.
Hell no I don't understand my rights. you are arresting me for exercising them.
Was pulled over and officers wanted to search my locked tool boxes because they were under the impression I had stolen firearms in there. I knew there was nothing inside because I just bought it the day before I didn’t let them with out a warrant. Turned out they had wrong vehicle. They weren’t happy. They tried to give me a ticket for tint but they didn’t have a meter .
Congratulations
When simple minded low self esteemed “Barney Fife” wannabes get shut down and humiliated they will escalate by making up a law that doesn’t exist in retaliation for being humiliated.
@@catfishsiegel30 wow,
It's always about officer safety, what about our safety?
"Justice is incidental to law and order." J.E. Hoover
Law enforcement still operates on this premise.
what makes you think there is something unsafe in the back pack? why do you always jump to the wrong conclusions? your just looking for an excuse to bother someone.
Couple things to remember. #1 Your safety doesn't matter. #2 Assert your rights then zip it. #3 The cops are going to do what they want regardless of what you say so zip it. If they're making a mistake, don't try to correct them and stop them from what they're doing. Let them keep making the mistake and digging the hole deeper. it only helps your case if they're screwing up. It's like in war, if the enemy is making a mistake DON'T TELL THEM!
@@Isaac_132 And if you can, video every encounter!!
@@BackwardTravisty So glad he's dead and gone from us. He hated Dr King and he and Johnson connived to accelerate the draft during the Vietnam war resulting in the drafting of a higher ratio of young Black men such as myself although we made up about 12% of the total population.
A couple of opinions, based on experience:
1) One reason why you NEVER consent to a search of your car is, it has likely been in the custody and control of others. (Car washes, repair shops, etc) It is always possible someone had something fall between the seats, or under them. Always politely decline, and explain these issues as a reason.
2) If you decline a search, the police will threaten to get a dog, and detain you until they get one. EVERY police dog is trained to alert on command. So, even if the dog does not sniff anything, if the police want to search, they will make the dog alert. Any dog handler that denies this, is outright lying to you. (22 years experience with dog handling)
3) There is a couple of reasons for searches.
For a person, the search generally requires probable cause. This is a more rigorous standard. (They witness an offense you did, you match a description of an offender they are looking for, you are hanging out with known drug dealers, or in an area known for drug distribution, etc.
For bags, they only need reasonable, articulable suspicion. This is a MUCH lower standard. They basically can report that you were acting nervous, sweating, had speech issues, etc. Of course the other way is for you to consent to the search.
The courts have maintained that in the interest of curtailing drug trafficking and drug profiting, (primarily in travel locations like bus or train stations, airports, cruise ports, etc) they can order your bag be detained if they can articulate suspicion, and you decline a search, until they get a dog or obtain a warrant. You can have the bag confiscated until they get one of these things. They will give you the option of waiting with the bag, or will usually let you volunteer to surrender it, so you can continue on your travels. The bag can be detained for a "reasonable" period. (Some courts have said this could be 12 hours, or potentially up to 72 hours in limited cases.) Getting the bag returned to you will be your responsibility. (either go pick it up, pay for shipping, etc)
Thanks for the video.
For the dog point, would carrying treats or food that allow for a case to be made that the dog made a false positive?
I heard that male police dog reacting to a female's scent might also be a thing
@@inuendo6365 Dogs are normally rewarded with their favorite toy or with attention after they have found the contraband or cadaver. Treats are generally only used during the training period, and then primarily for training dogs to track by scent.
I am not aware of any dogs that alerted during a women's menstrual cycle. They are trained to discover specific targets. (drugs, explosives, cadavers, etc.)
That’s fantastic. So you leave the bag there, they plant something in it and claim they found it in the bag and is, therefore, yours. So they have something to charge you with.
@@TheSimmpleTruth They are looking for cash when they want to search your bag. Their goal is to confiscate (steal) the money you may have been traveling with.
If they find drugs only, as long as it is a nominal amount, they will just give you an appearance order and send you on your way.
When they detain the bag, they are looking for cash or jewelry, which they claim as proceeds obtained from illegal (drug trade usually) activities. This gives them the "legal" right to seize it. Most of the time, the amount does not justify the person filing a civil suit against the department to reclaim it, so they just give up on ever getting it back.
Within the last month, there has been a law passed to ban this activity, but we will see how it goes from there. Lots of laws are on the books, where government workers continue to ignore them.
My advice is that if you are going to travel with cash (over $1k) have a paperwork trail that shows the chain of custody. For example, show a deposit slip (or slips) that add up to be more than the cash amount you are carrying, and then also have a withdrawal slip from the bank showing the amount of the cash you have on you. If you are traveling internationally and you have more than $10k, ALWAYS claim it and file a Fincen form 105. If you are traveling inside the US, there is not a dollar limit cap on what you can travel with....Just keep in mind that if you draw the short-straw, it will get confiscated 75% of the time. It will cost $10k-$30k in legal fees to try to get it back.
For that reason, it simply is not worth the risk....Open an account at a bank that has branches in your origin city, and in your destination city, and just withdraw the cash when you get there.
Fortunately, they tend to do this Highway Man activity at the international hubs of airports, and not at every gate.
I travel to Vegas and Biloxi, and often have $6k-$8k in cash since I am going to visit casinos. So far, I have never seen one of the legal robbers in the gates I have used on these trips. (That is likely because everyone on the flight has $2k-$9k on them, and the casinos would bring their powerful lawyers down on the agents that interrupted their cash flow.)
It is actually pretty hard to move and use large amounts of cash nowadays for legal activities.
One minor but important detail. The Constitution does not GRANT us the right to privacy. The right to privacy is a basic human right derived from our humanity (for the non-religious) or "endowed by [our] creator" (for the religious). The Constitution does not grant any rights. Human rights are intrinsic to us as humans. The Constitution merely recognizes some (not all) of those basic human rights and limits the government's ability to infringe upon them.
Well said and thank you for including the secular basis as well.
Preach
You're splitting hairs and missing the point. It designed to protect your privacy from government tyranny. The result is the same. However you want to word it.
if the constitution doesn't give us the right to privacy then we have no rights to begin with , think the fundamentals of a star is it's gravitational pull
the fundamentals of the bill of rights are made up of less talk about rights
“Congress shall not abridge the right to free speech.” Note the word ‘abridge’.
That means that the right to free speech pre-existed Congress. It pre-existed any government because it comes from merely existing as a human being.
If the container is locked, you have even more expectations of privacy.
Thats why you always lock your glove compartment too
That was my first thought. Even if there is a weapon it is not easily accessible.
In most states, no special warrant is needed to search through a locked glovebox or center console in conjunction with a lawful roadside arrest. There's little difference between them and a "locked" trunk.
@@maxsdad538 ok, you are describing an arrest. What about a detention? Even with an arrest, most cases they need a warrant.
@@maxsdad538 i dont know what you are on about, they dont have the right to search a locked trunk either.
15:52 - I've never commented on an in-video ad before, but I have to admit that your "sturdiness" demo of that desk was absolutely impressive!
Chimel vs California = Reason number 1,567,824 that officer safety is more important than your rights, even if the officer isn't at risk at all.
I'll do you one better: the cop's safety is more important than YOUR safety.
@krane15 Have cops Testosterone checked
@@krane15 and I can't protect the officers safety if I am unarmed. Trying to take my gun from me is a very UNSAFE thing to do.
spoiled carcass can't make up a reason he could do it later.
If there were extremely severe consequences for violating someone's constitutional rights, maybe these things would be less likely to occur..
Yup...but cops won't discipline themselves... They like to exercise their ego. Power corrupts those in whose hands it is placed. How do you like dealing with reprobates? Too bad...that this behavior ultimately destroys our culture.
I no longer trust law enforcement.
move to a free county where the cops do not hassle normal actions, they only go after druggies, drifters and punk kids acting a fool.
I haven't trusted law enforcement since the 5th grade. Idk how grown adults can be so stupid.
Not should you
#SadButTrue
I have never been arrested and not doing criminal activity most of the time and I taught my children their rights as soon as they could understand. My 2 year old Grandson would see police and say "We are not answering questions." LOL
But seriously, none of us should trust them. They are taught the public is their enemy and a constant threat.
@ I hate that. It’s not the way I grew up or was taught.
They lose nothing taking you for a ride
Why is that so hard for people to understand? Stop thinking the cops respect the constitution.
@@krane15 It's not hard to understand. It's hard to accept.
It is the failure to stand on your rights that makes it more difficult for others to insist on theirs. The police get incensed when someone doesn’t knuckle under just because so many let them do what they want.
We the People should have never entrusted 9 unelected 'pundits' with the authority to write a 200 page interpretation of one straightforward sentence from the Bill of Rights
At 12:12 Surprising error for a lawyer. The Constitution does NOT "grant" you rights.
The Constitution articulates and protects rights which are FUNDAMENTALLY yours!
👍👍 The one thing I wanted to know you didn't cover. What if the backpack is locked or you're not doing anything, and they just stop and say you look like someone they are looking for
great idea - will work up something for this!
TSA locks connected between the zippers of your bag work wonders😏
_a law abiding citizen
@@h0lyspiritual.sweetheartplease elaborate
That's where you're at but in Chicago there is no law against the law being unlawful😮
This is why you always have to film. For Civilian Safety. Police can lie but Video does not!
"What have you got in that backpack?"
Another backpack.
"It's my collection of Circuit and Supreme Court rulings on why you can't search my backpack."
My reply; "Personal belongings." Or "5th Amendment."
@@robertmckinley2030 I like it. "My copy of the Constitution."
😂😂😂😂😂😂
My sailboat motor. I carry it everywhere.
Excellent video. One point I would stress regarding the Exigent circumstances exception is that it does not remove the requirement for Probable Cause, it simply removes the requirement to obtain a warrant first. Reasonable Search = Probable Cause + Warrant. In that formula, Exigent Circumstances can replace Warrant, but that is the extent of its reach. Far too many times I've seen LEO claim they had exigent circumstances for a search, but they didn't have probable cause in the first place.
They shouldn’t be doing shit without pc or a warrant. Why do we have to live like this
Unreasonable...
Because we are increasingly living in a police state.
The KGB would have gone bonkers to get the kind of tech we use against our citizens
Cops Probable cause " we couldnt find it in car so we belive it must have been in his back pack"
Judge "sounds resonable I'll let the appeals court deal with it"
People dont talk about the pay walls they put up for us to protect ourselves from the government or prove ourselves innocent
Appeals Court: "Sounds reasonable. I'll let the Supreme Court deal with it."
See how the law works now?
people need to understand one very important fact: having "nothing to hide" does not in turn imply or require that you have "everything/anything to reveal"
I have nothing to hide. I have a Constitution to protect. I can no more waive my rights than I can stop breathing. In fact me stopping breathing is the only way I will waive a right.
Remember, it doesn't matter if you did nothing wrong. all the cop cares is what the computer says. They bust some child molester in california, and he gives them your name. and then you foolishly give the cops your name in deleware........
I’m retired, but when I was teaching I had a student named Broady, who actually lived out of his car. He had long hair, a black leather jacket, and a ratty old car. He worked at a Burger King one affluent county over, and I would go home along the same route that he took to work. About twice a week I would see him pulled over with all his stuff tossed along the side of the road by police. Thing is, the kid didn’t do drugs or drink. After a few times, I called the police dept, and they assured me their officers were acting completely within the law. I told that kid he needed to get a different job out of that county if he wanted to stay out of jail.
So, whatever happened to Broady?
@ i ran in to him several years later. Still long hair, and working as a Ford tech at a dealership. Had a much better car, a Ford F150, and a steady girlfriend. This is one of the nicest kids I ever taught.
@@johnkessler9878 Amazing he came through. That's wonderful to see.
If you look like a thug, expect to be treated like one. It's not right but that's the way it is.
@ you know, I’m a conservative, but even I disagree with that. Some of the smartest people I have ever known looked like bums. Some of the nicest looked like thugs. Out police should, of all people, not judge on looks.
cops: i smell weed in that backpack.
officer, i think that's your breath
1) Say clearly that you do not consent to a search. 2) Say that you will not impede a search but will hold the officer personally responsible if it is illegal. 3) File suit to resolve the issue.
4) Be prepared to dispense your own justice after the system fails you.
@patnor7354 interrogatories
Lotsa $,$$$
needed to begin the process which us poor folks don't have or ever will. It is a dead end alley for us 😒👀🤔
@@patnor7354 says the internet warrior
Ceo style?
If you are being arrested for a traffic violation or something that doesn't have anything to do with something in your car they shouldn't be allowed to search your car.
The main problem I see with most of these arguments is when a cop states“they think”. This is too open to interpretation. The cops can make up any excuse to make it appear to reasonable.
I've been seeing cops justify "Search incident to CITATION." They also like to "arrest" a person so they can search then unarrest, which is illegal, but who's going to charge them?
SCOTUS has made Swiss Cheese out of our rights!! It would be great if SCOTUS takes up new 4th Ammendment violations and go back to original intent of the 4th Ammendment including as a pedestrian, in a public place, in your automobile and especially at your residence!
They did this because it’s all commercial in nature civil/criminal
this current supreme court's so corrupt i dont want them to have any cases ...
I was once in an accident and taken to the hospital. My bag was transported with me. The police had come to ask me about the situation that had initiated the scenario. I had the wherewithal to tell them that I had been given morphine, and would be very vague in my answers without an attorney. On their way out, they asked to search my bag, for safety. Even in my extremely high morphine state, I knew that there was an extreme likelihood that there was a mass accelerator in my bag…... I’m very proud of morphine high me telling the police that I don’t consent to searches. 😅
Speaking of searches, how come we have to submit to a warrantless search inorder to enter our public court houses. How is it legal for the TSA to search airline costumers without warrants
If the backpack is away from you aren't the cops just going to claim it's abandonded property and search it anyway?
Or just anyone passing by could easily snag it. I'd rather not have my property stolen. (If it's stolen and the police recover it, it's a given that they would perform a search it to determine the contents.)
Or someone nearby might call the police to report a "suspicious package", because plenty of fictional TV shows have made people in our society paranoid about such things.
@@jdak537 "Or someone nearby might call the police to report a "suspicious package", because plenty of fictional TV shows have made people in our society paranoid about such things."
Well, and the the PA system at every airport.
Heard directly from the mouth of a Virginia Beach police office: " there are three kinds of people in this world, police officers, criminals and potential criminals".
@williamskora334 in such case, the third applies to the first two
That's why we have the second amendment.
11:42 is very important. The road side drug tests have identified Krispy Kreme glazed doughnut icing as Methaphetimines. Blue cotton Candy sent a women to county jail for a month. Sure she was later found innocent, but lost employment and a month of her life in county lockup. Splenda also tested positive as meth, In that case the officers supervisor tested splenda, and release the driver. So the lesson learned in keep car spotless, and never consent to search.
Note the differentiation between a "weapon" and an "illegal weapon". 😅😅
Giving them consent gives them an opportunity to plant evidence too
It gives them permission to DESTROY your backpack as well. One dumb women gave cops consent to search her home. They demolished it, and judge said you consented to them searching.
I'll tell you something, cops can do whatever they want basically... and get away with it flat out. If your thinking they can't you're wrong. So maybe if you have the time and the money to pursue it...and the situation is crazy enough to begin with, then you might be able to get some type of kind Justice... maybe,, but for the most part, no.
👏🏻 Your eyes have been opened.
A normal citizen, has no chance against such a corrupt system...😢
Cost alone prohibits that.😢
Only special circumstances and getting noticed may give you a fighting chance...😢🤞
In the history of the country, no dead cop has ever lied on the stand. They can't make up reasons to justify their crimes if they can't breath.
We haven't had a Constitutional Government for decades; it has been whittled away bit by bit by bit for years. We don't live in a Constitutional Republic anymore. With so many exceptions to the rule, the rule simply disappears. This isn't limited to law enforcement, it more broadly applies to any politician and the collective governments as well, municipal, county, state, and federal.
11:16 What I do not understand is how an inherent right must be invoked like a spell cast rather than an innate ability constantly working.
I makes it abundantly clear to everyone that you don't consent. Especially if everything is being recorded. That way when it becomes a constitutional issue in court, absolutely ZERO people can misconstrue what you said.
@daviking-88 I understand the what and why. Just not the how we came to understand things the way they are now. In school 20 some years ago my dare officer would explain different scenarios. Some of them required keeping quiet. All the years of dare and never once was actually invoking our right verbally mentioned. I only found out a year ago or so watching auditor channels.
How should the situation with Peanut the Squirrl been handled? It was all so wrong on so many levels. Not to mention vile evil.
completely agree - that was a government overreach that was an abuse of police power
Keeping wild raccoons is a bad idea but government is insane nowadays. Requesting a vet to look at them should have been the maximum they should have done.
@@patrickday4206
It was not a 'wild' raccoon or squirrel
If they were so fk'n concerned about the welfare & well being of the two animals
Why did they execute the animals?
Fk'n government Nazis
How do I recoup my out of pocket if I am exonerated in court ?
You must sue the cops and their department.
Sadly, they have qualified immunity that will likely protect them from being individually accountable.
Spend more money to hire a lawyer and hope he wins.
You cannot. It is almost impossible to recoup your economic losses
If you are wrongly accused and spend $200k on an attorney, a real possibility if ever charged with a serious felony, you are SOL if you get acquitted. That’s just considered the cost of doing business. Sadly
I deduct it from the state on my taxes. They can get the money from the cops if they want.
Even mere PERSONS/ Persons have the right to go about their business, in their own way, without telling anyone
What I usually see happen is a K9 is brought to the scene. Then they say the dog has “alerted” and no longer need a warrant or other circumstances to perform a search.
Right. The dog should at a minimum, altert to what is in the vehicle. One paw for drugs, two paws for firearms, two paws two times for cash lol. Something like that. If I say I smell weed and I search your car and find a gun, is that fair?
What is being done to address the purposefull manipulation of truth that seems to be prevalent and even taught to our peace officers? What or who is behind the increasing level of unjust behaviors within the law enforcement community?
Absolute power corrupts absolutely.
I love that you said that about it not just being your rights you are standing up for but you stand up for everyone's. I have long said that when people would argue that if you don't have anything to hide blah blah blah.
Looked at in a different way, complying teaches tyranny what it can do.
In exigent circumstances if home owner has a large dog that is inside your home and people suddenly run in your home and dog bites them, is the homeowner responsible for that?
Yes
Yes and No.
It really depends on the situation.
Trick question, the dog would never get the chance. The question is would the homeowner be billed for the bullets used to preemptively execute the dog in case it defended its home?
If they enter your Home, they don't have Pepper/Mace spray to render your pet non-dangerous as a lesser means of force, instead of murdering your simply non-human member of your Family ?@@xcfjdyrkdtulkgfilhu
I’m impressed by this video. I particularly enjoy the great points and smooth segues (I would love to have seen you in court!). I love the idea of creating a precedent for cops to treat the less fortunate with equality instead of as “less than.” I enjoyed reading the wide variety of comments, and I m glad to you engaging with us. New subscriber!
A warrant needs an affidavit and list of damages and a grand jury sugn off. Not a paper that the cops type warrant on.
I have to pick a bone with one statement that you said.
The constitution does not grant rights. The constitution and shrines those rights and limits the government’s ability to infringe upon those rights.
The rights are inherent and were there before the constitution.
I can't think of a single reason to give law enforcement permission to do anything. Am I missing something?
Useful advice and you pitched the heck out of that recliner. As a premium subscriber I don't love this kind of sponsorship but I do appreciate when someone really gives it their all.
Everything will be an emergency now.😢
Thanks for calling out the “nothing to hide” gang.
How are we going to protect our privacy when our media devices all have an AI assistant that records everything and has total control over our data and key strokes ? Please let us know. Encryption will be a thing of the past as it logs keystrokes.
Back to flip phones?
All new phones coming out have Ai built into the chip so no encryption will prevent corporations from seeing everything
@@Isaac_132 they will stop activating flip phones.
@@kimhuskey6115 True. If you think about it though, this so-called AI is not going to make any difference in your privacy. Backdoors and software tools already allow law enforcement full access to your phone. If you used cloud storage as a backup or to sync all your devices you've given all that information to the government. With how cheap storage is the government built those massive fusion centers around the country specifically to suck up and store all our data. If you think for one second you can delete 1 byte of data from Google you're mistaken. At best they remove things from your view but it's all still there and if the government doesn't have it Google will gladly turn it over. In fact, some companies, like phone companies, routinely do a data dump to the government every few months as routine business.
You may think you have privacy right now but it's an illusion.
Avoid Apple
I had an encounter about 10 years ago where I was detained and terry frisked. My backpack I was wearing was searched. The cop managing the encounter was not someone I wanted to see again. I never made a complaint, but I never shopped in that community again. Communities do not realize the harm they may be doing to their local economies by discouraging local spending by the mere fact that they have bad cops.
How do you reach for a weapon or to destroy evidence if they are handcuffed? What about if the arrest was illegal? What if its a pre-textual stop. What about " fruit of the poisonous tree"? NEVER consent to a search, even if you are under arrest. State loudly " i do not consent to any searches or seizures of my property" so that your lawyer can sue them for the violation of your rights.
It's sad you have to go so far as to have a surprise for anyone not using the proper code to open it.
That's what I was kind of thinking. Like I was even going further and thinking unless they are searching a bag while its in your hand or something, as soon as they take it, it's no longer in your control and no longer a potential threat and no longer should fall under that loophole.
@@fallouthirteen Looks like that is how they will be dropping the charges on the CEO stooge. They didn't bother getting a warrant to search his car.
This is much better than previous videos I've viewed on this channel.
What if, as the cops approach, you throw your backpack 15 feet away onto the grass, is the bag protected because it is then not in your immediate control?
Nope they will claim you abandoned it and do it anyway
That's a suspicious act and gives them probable cause.
For me, the “right to remain silent” is usually impossible for me to self-control, so appreciate this video.
Yes and when it's all said and done people will be forced to hire a damn lawyer to get out of it.DAMN SHAME
If safety is the concern to violate the 4th amendment then anything found in the backpack should be exempt from prosecution should be the remedy.
Never speak to law enforcement. You incriminate yourself by their setup questions.
Works both ways. I got cop to answer my question when I could get my car back. He said when I got out. Well at 2am, as the cop said, I walked to the impound lot, and drove my car home. Good reason to keep planks in your trunk to put over those tire spikes.
I just found you on line and find you to be very informative as well.as.easy tovunderstand. Thank you so much for your efforts. I've been telling people for years they need to male police do there job. The appropriate and safe way. We need to know and stand for our rights as individuals as well.as a nation..
They don’t know what a warrant is in Mexico but they know what a bribe is.
Sometimes it's a better way lol. But sometimes if they see a 'lot' of money and/or don't like you, you go to jail and they take your money. 😅
@ Our Mexican National friend didn’t seem to be too happy with it. What good is paying police to spend a lot of time searching innocent people with no probable cause hoping they have drugs so they can solicited a personal bribe?
Erwin Schrodinger would argue that the presence of contraban inside the backpack was in superposition prior to opening the backpack. It was neither present nor absent. It is the act of opening the backpack by the police that mayerialized the presence of the contraban.
What a mess! Do we have to be lawyers in daily life?
3:27
The loophole the cops try to use when a bag is several feet away from you is to ask the detained person, "Hey, is this your bag?" If the response is "no", then they consider it abandoned property, which means they will search it without a warrant.
Since when can the Constitution be rewritten by judges?
Even Supreme Court judges do not have the authority to make changes to the Constitution and simply rewrite it with their rulings!
Unreasonable.....
The SCOTUS claims not to rewrite the Constitution. They just call balls and strikes. Interpret the law. We have 6 Hard Right Wing justices thanks to TFG. They interpret from the fascist viewpoint. They want to take AWAY rights from the average citizen.
Now you're beginning to understand tyranny and how it happen in a democracy.
The reasoning goes that they aren't 'rewriting' the constitution but interpreting it "more correctly".
@@larryulrich9110 exactly. What is unreasonable?
Example: "Ahhh, 1st amendment...for writing letter...but not 🚫 on your computer 💻...
Example 2: The 2nd Amendment is for hunting and sporting purposes...With extreme *regulations*! (Vs SHALL NOT BE INFRINGE) Anyone see the problem. Just listen 👂 to the attorney! Your rights are being reasoned away...And your being FORCED into word salad 🥗 and mensush argumentation!
I appreciate your advice, and the exact words / sentence written clearly during the video. Thanks so much!
Pig: "If you aren't doing anything wrong, you don't have to worry about what's in your bag."
Me: "If I'm not doing anything wrong, you don't have any reason to look in my bag. I do NOT consent to any searches of myself or my gear. Have the day you deserve, Officer Krupke."
Always respond in a complete sentence, not just yes or no. "Do you mind if I' search your backpack?. "No" is essentially a ""Yes".
Cool little timbits.., Sweet
Excellent articulation! Thank you for your service 👊
Much appreciated
4:30 IF YOU'RE NOT WEARING YOUR BACK PACK AND IT'S 2-3 FEET AWAY, A "SNATCHER" CAN GRAB IT AND RUN OFF >>>
So the ‘teens’ and ‘thugs’ are called snatchers now?
@@AlejandroRued"Teens"? You mean those suspects which the media only shows their 3rd grade photo???
Make police regret searching. Get yourself a container that locks, put it inside another container that locks, put that inside another container that locks.. get where this is going? And in the very last container the one all the way on the inside keep a copy of the constitution.. locked containers are different then not locked containers and a judge is going to get really pissed approving 20 warrants that are virtually identical.. that should show those jerks
Pff, the police will never regret anything. They have no consequences to their actions. If they make a mistake, the taxpayer pays.
@@krane15 They most definately will regret it because now that a judge has to individually give a warrent to 15 locked containers... the judge aint going to sign off on any more silly warrents and that cop is going to be pissed off when he repeatedly cant get a judge to sign off on it.. not the oh he gets in trouble so he regrets it.. no no.. the his job is now 100x harder for the same money screw this go work at mcdonalds style regret.. plus the HUGE massive payout from the 15 federal offense counts lol brady list so fired possible.. like when you take their pension away because they did a 18.242 and you got 'em on it.. yeah they can cry themselves to sleep
If you are in a vehicle, you are done. Don’t forget, if your car is towed your vehicle is subject to an inventory search as a matter of practice. No warrant is necessary.
Warrant will be issued for the first locked container and any contents.
Most bags/backpacks have the ability to lock the zippers. If you had it locked, does that change any of the options you noted
Any one from.nyc remember stop n frisk? Huge violation
N.Y.C. resident ........saw it used many times always against minorities and the poor ........but I'm sure that was just a coincidence .
Do you hafta give a statement if your lawyer is present?
WhAt I mean is, can you just remain silent despite the presence of a lawyer ?
Yes of course. And more than likely your lawyer will advise you to say nothing to the police or the prosecutor. Even in a sworn deposition your lawyer will advise you when to answer or not answer a question.
How to tell if an officer suspects you? Thay have any contact with you😅😅😅
The sooner the public realizes that, the safer they'll be.
I hope you got an extravagant bonus for that overly long and soooo excessively extended endorsement for the reclining chair and standing desk. Did they ask you to talk about it for a whole 5 minutes? I got bored during your commercial, to the extent that now I REFUSE to buy the product you were selling. Do you own part of the company, or something? Just say your peace and get on with the program already.
Unsubscribed
I saw a body cam video of some southern good ol' boy deputy trying to get consent to search a vehicle. He was talking to another deputy about how to search when he offers a suggestion. With a thick drawl he said, "Ah ken are-TICKLE-ate 'officer safety' all day long".
The War on Drugs is among the worst self-inflicted calamities in American history. The Nixon administration wanted to outlaw being a non-White, non-Christian drug user (except alcohol or tobacco), but they knew they it would never work, so they just outlawed the things they thought those people did. Now the police can use that excuse to commit literal highway robbery in the guise of "drug interdiction".
I also believe fellow Veterans should be barred from law enforcement. Aside from the use of weapons, there's no correlation between war fighting, and civilian law enforcement. Too often police see people as lawful enemy combatants, rather than fellow citizens.
Heres the deal. Unless youre a somebody, a child of somebody, or the cop already thinks this, that bag is getting searched no matter what and if they find anything, youre going to jail. Dont resist. Go calmly let them arrest you, bond out and hopefully you are able to fight this. This happens just as often even with camera to record. Even if you have a slam dunk lawsuit case, you still need the resources and support to fight it. They win more often than lose
All you have to say is " I do not consent to searches. " If you say that, the police cannot search your backpack or your car.
That couldn't be more untrue. There are no magic words that stop corrupt cops from pushing the boundaries of what they think they can get away with.
@@jeffrielley920 True, however if you get it on film or you can pull the badge cam you can sue now. It's still B.S. of course, but it's always worth your trouble to at least try to stand up for your self.
Correction: the police can do whatever they want. Saying the words may not help you in court, but they certainly won't hurt.
No. That's wrong. The reason you say those words is not to stop the police from doing the search, they're going to do what they want, but to give your lawyer something to work with in court.
How does the "immediate surroundings" or access concept play out, if instead of an open or fast open zippers container, you're carrying a hard sided, locked container, that takes some degree of time and effort to open or access?