Our local sheriffs department did an experiment where all of their deputies were given field sobriety tests while sober and on duty. Close to 50% of them failed.
It's almost like they're not designed to detect impaired drivers, but rather to give a gang of thugs a fig leaf excuse for kidnapping people, stealing their property, and locking them in cages.
A cop in Cobb County GA. Is known for pulling people over for crossing the white line on the side of the road. He will then conduct roadside tests for marijuana and because he passed a weekend class he thinks he is an expert in determining if you are under the influence. He arrested a university of GA student for being under the influence and put her in jail and impounded her car. The police officer said that his judgment was more reliable than the blood and urine tests she passed. The cop was awarded by Mothers Against Drunk Driving with a free dinner. It has been reported that MADD gives cash bonuses to cops who have high arrest rates for driving while impaired. The student had medical bills, lawyer fees, impound fees and now has an arrest record. No drugs were found in the vehicle or on her person Is this policing for profit?
The fact that you can be arrested *just because a cop thought you were high* is fucking terrifying. Especially when they won't admit they're wrong despite being proven wrong by forensic tests...
My very first cop encounter was in 1974. I was stir crazy and bored, so I went for a walk around 2AM when it was a little cooler (Phoenix). Walking along the side of a street between Tempe and Scottsdale, the cop car came up behind me. He asked those dumb questions, to which I gave 17-year-old answers. Where are you coming from? (points behind) That way. Where are you going? (points ahead) That way. What are you doing? Walking. Why? Because I have the measles and the doctor told me to stay away from pregnant people. (Before I got to what the doctor told me, he was back in his car and half a mile down the road. I hoped he got a good dose of exposure anyway!)
He is checking on someone walking down the road alone at two in the morning! What's wrong with that? If I had broken down, or just been in an accident, or jumped out of a kidnapper's car, I sure as heck would want a cop to stop and check on me! In fact, instead of being a smart a$$ I would have told him, "Thanks for checking on me, but I'm ok!"
I work as a chef/disabled veteran in Utah. I get stopped at least twice a month going home. I refuse everything. I’ve been falsely arrested twice. My dash cam has saved me. We actually found UV paint on my car. This needs to stop.
I agree. I am so that you have recieved that harrasment. Try to have several cameras if you can. There is a civil rights lawyer who has a channel here that may be able to direct you to attorneys in your area to sue the bad cops.
@@jjm9902 I miss spoke it was IR. It’s invisible unless you have equipment. Police put a dab on your bumper every hour as it sits in popular bar parking lots. Then when you pull out they see how long you were there. I’m a chef who works 8-10hrs. So I was getting pulled over and over as I left work. This practice was discovered after a state senator caught a DUI here
@@jjm9902 tourist town in a gray crossover we all look the same lol. It’s still not ok because how long you were at an establishment is not cause for stop
True, but I don’t know the law well enough to defend myself or even know if I’m breaking one. The legal code is vast and when you factor in court decisions… no one really knows all of the law.
@@screweverything2215that's a good start. But the criminal justice system goes off whatever the law on the books says. You would need to memorize case law, and an awful lot of it to cover every single base. Even then "it depends" is often the answer to a theoretical question or situation. And a judge can still ignore things you bring up and still side against you. 1st, 2nd, 4th, 5th amendments are useful to know. Not sure on the others in the event of a police officer pulling you over. Ignorance of the law is no excuse for you but doesn't apply to them.
the response to that is “if we’re not in court and I’m not under arrest, then I’m not going to help your investigation or participate in a consensual conversation”
There is a video of a driver getting arrested for remaining silent. After arresting her for remaining silent the cop tells her that she has the right to remain silent.
I learned the easy way, once you answer a cop's question, he/she can't stop asking them. Another thing I learned, do not allow someone to make small talk with you if you're under their authority. There's no reason to have casual banter with someone who can take your freedom away (or is in a position to take your life away.)
I came from a casual encounter that turned intense between my mother and father and was born about 9 months later .... Thru the GRACE of JESUS CHRIST I am going to HEAVEN ... WHERE IN THE HELL ARE YOU GOING?!?! HOW MANY DOZENS OF TIMES HAVE YOU LIED ON THE STAND TO CONVICT THE INOCENT ?!?!? HOW MANY FELONIES HAVE YOU COMMITTED WHILE IN UNIFORM ... HOW MANY FELONIES HAVE YOU COMMITED PERIOD ?!?!? HOW MANY ILLEAGLE DRUGS HAVE YOU TAKEN THE LAST 5 YEARS?!?!? HOW MANY TIMES HAVE YOU COMMITTED SEX ACTS IN A PATROL CAR WITH OTHER OFFICERS OF EITHER GENDER WHILE ON DUTY INCLUDING PASSIVE FALLACIO ?!?!?!!? what??? huh??? I don't answer questions ....
This is a great rule of thumb. If you have very high intellect and are great at reading and processing the interaction, you can potentially navigate those situations with some level of candor. But most people aren’t going to be able to know what the set ups or situations are that are problems, or casually know what information to not disclose directly or indirectly, and the best non-confrontational ways to handle them.
I believe cops fire off a series of questions because they want to condition you to volunteering information that you are not obligated to provide. They then ask the question that is their “gotcha” question.
They’re basically always fishing for probable cause and work under the assumption everybody is up to illegal stuff. Some will throw in silly stuff with the expectation if you’re not impaired you’ll catch it and have a reaction. One of the big things is taking a moment to think and process what they’re asking and what your response should be. Often people get stressed and feel they need to answer quickly which leads to them blurting out or reacting in ways they shouldn’t.
I was at a motel once, ground floor, standing in doorway looking at the world outside my door. When a police cruiser slow drives through parking lot and around a secondary building. All the while I was watching him. When he came back round the building he saw me watching. He pulled out of sight to the side of building I was in, and just a moment later he comes waddling around the corner, hitching up his belt, and walks up to me eyeing me the entire time. I had no problem staring him right back in the eye. He proceeds to ask me "have you seen any strange cars here lately?". I laughed at him and answered "this is a motel, there are strange cars here every day". At which time he turned around and waddled off. I have no doubt that he was really fishing for a reason to give me a hard time for watching him.
Honestly he was probably chasing a vague tip or something and saw you and thought “man that guy’s really watching me. Kind of creepy” and then on the second go around he probably thought “he’s still there watching this parking lot must be a hobby for this weirdo. If the car I’m looking for came through here I’ll bet the creepy parking lot watcher saw it.”
@@tylerbrown4483 if a person standing outside their door smoking a cigarette while watching the world go by is creepy to you, I bet you go through life scared of common occurrences. Btw, this all happened in less than 7 minutes.
"Do you know why I pulled you over?" "No officer, not a clue". My best was being told "you were pretty close to the centerline" "Close? Did I cross?" "No but you were close" "But I didn't cross?" went like this about a half dozen times finally "get the heck out of here". And yes he was fishing for DUI (no I wasn't) Fun watching him get frustrated.
Just to be clear, that coupled with a other key indicators become reasonable suspicion. The NHTSA has a list of key indicators of impairment. The coupled with any real combination of any others could legally justify an investigatory stop. The shitty part is, they're all based on the personal interpretation of the officer. Some other examples include "weaving IN your lane", inconsistent speeds, etc. www.nhtsa.gov/sites/nhtsa.gov/files/808677.pdf
I agree with you that being a jerk to a cop is asking for trouble, but that’s a problem. I should able to reasonably expect a level of professionalism from law enforcement officers such that they will ignore petty insults, but clearly we can’t expect such professionalism from them.
But it's also not encouraged to stoop to their level, it decreases critical thought and thinking and adds unnecessary hostility from your side, which will escalate a situation and give a possibly unprofessional officer another reason to get you. The more Americans take less personal responsibility for their behaviour, the more likely they are to repeat the same patterns that police do, and that's a problem. But Of course, discourse exactly what the American government wants so I mean, y'all are doing a great job by your country's standards lol
@@200130769 The cop pulls you over a for an infraction you didnt do, claims you broke the law and is writing you a ticket. Wheres the respect? At this moment, They unlawfully stopping you, robbing you by ticket and will get away with it unless you have SEVERAL pieces of evidence to counter the lying cop. I no longer respect cops because while i was in the hospital with doctors trying to save my arm from falling off from a violent axe attack, the cops showed up WHOM I CALLED BTW, said i was going to jail when the doctors were done and lied to my mother claiming i was in the back of their police car and she should tell them everything she knew. She wasn't even involved. Fuck the police they are not your friends and are most definitely our enemies as they currently are.
I got pulled over as a teenager and made the mistake of letting them search my car. They tossed everything onto the muddy, wet ground and were generally hostile about the whole thing. I had one other interaction where they asked to search my vehicle and I told them no. "Worried about what I'll find?" No, but the last officer I consented to a search from threw all my stuff in the mud and was a real ****head about the whole thing. Thats the thing about trust. Once its gone, its really hard to ever get back.
As Mark Twain famously said: "You don't need a good memory to tell the truth. If you have to remember both the truth and the fake story you told, then you need a good memory. "
"There's so many laws out there, it's hard to know what you may be guilty of." A great encapsulation of our system. How so many people believe we are the most free country in the world, blows my mind.
Everyone breaks the law... it is written such that it is impossible to avoid breaking the law by practically breathing let alone trying to just exist for more than a few days. I have always asked the question. How is it possible to "justifiably" expect people to not break the law when it is so complex that people "require lawyers" to navigate it? There is only 1 single purpose to a system of laws that cannot be managed by it's own citizens without "professionals".... corruption. I probably broke a law writing that... and I "definitely" broke a law somewhere on this planet writing that. Free is a relative term... The only people that are "free" are people that do not have a government at all over them. Otherwise, the government "claims ownership" of their citizens such that they claim the "authority" to be able to violently kill them if they don't obey certain things.
@@lloydalvey4038 I would even say before that, back to when Woodrow Wilson was president. He signed the federal reserve act, and the 16th amendment became a thing. Income tax was never supposed to be...
@@I_Will_Cook_What_I_Want Add to that the 17th which allowed the 18th to happen. That whole turn of the 20th century bunch were ''progressives''...But the biggest blow to our freedom and the Constitution was Lincoln's ''preservation'' of the Union placing the balance of power in the hands of the Fed.
The modern police mentality is to view the citizenry ("civilians" in police parlance) as the ENEMY. This is what they are trained to do, and to believe that "everybody is guilty of something, you just have to find out what it is." Former federal prosecutor, Harvey Silverglate, wrote a book called "Three Felonies a Day" in which he made a damn good care for the laws in this country being so numerous and convoluted that every person in this country commits at least three felony-level crimes per day without even knowing it. Recommended reading.
About the nervousness, people get nervous around police officers, because they don’t have the best track record in dealing with the public. There have been many atrocities in the name of justice.
I mean, the public doesn't really have the best track record either. On the bright side though, when I've been pulled over in the past and was respectful towards the officer, it makes me look better than everyone giving 'smart' answers. So, I want to thank everyone who is rude or entitled when speaking to them because it makes my life easier if or when they pull me over.
The reason why they said you need to invoke the 5th and not just sit silent is due to Salinas v. Texas where it was stated "a witness's silence to a question can be used against them in a criminal case."
I had a police officer ask me why I did a wheel stand coming off a light. I retorted with "because, I didn't know you were behind me" he laughed and let me go with a warning.
@@Andrewfluscheconsidering the criminal element that a lot of lawyers deal with, and the amount of lies they're told I'm surprised lawyers don't thump on their clientele more often.
@5:32 The police can lie to you! Why don’t you go ahead and cite the case law that supports that notion. I’m going to grab a CUPP of coffee and I’ll be right back to listen to your answer!
@@josephsisson 20 seconds, SCotUS, Frazier v. Cupp (1969)...In re D.A.S., 391 A.2d 255, (D.C. App. 1978), Illinois v. Perkins, 496 U.S. 292 (1990), Arthur v. Commonwealth, 480 S.E. 2d 749 (Va. 1997) and many, many more.
If I am asked, "Where are you coming from?" My response only works for people in my profession. "I am an attorney and cannot answer that in order to protect the identity of my client." This lets the cop know they are dealing with someone they cannot bully and usually shuts down any other questions.
Sometime around the most recent turn of the century a research study (out of New Zealand?) found that after 20 hours without sleep speech was slurred, reaction time slowed, and judgement impaired, and subjects could not pass field sobriety tests. Courts there began to hold employers responsible for allowing employees to drive home thus impaired, and certainly to drive on the job. Coffee did not help and neither did will power.
Every time I’ve been pulled over, I knew I had been caught. Speeding, run a stop sign, twice, doing something I knew I did and all I hoped for was a warning. I’ll damn sure visit with them and try my best to put their mind to ease in these cases. Pretty much every interaction I’ve had has been positive save one time. Officer was not happy we allowed my 12 year daughter and 5 year old niece play in a park while walked the track around the park. Same thing about 20 other parents were doing with their children while they walked. Seemed safe. There was even a patrol car parked in the park near the playground. Nice safe neighborhood small town. No worries. This copper decided he would chew on my rear end for this. Talking at me like a tyrant issuing edicts. Wanted my I.D. Didn’t get it, no law was broken. I did give home my name and while he was writing it down I told him, “ while you’re busy writing there, go ahead and write down your name and badge number.” That dude’s lid turned red with a few shades of purple. He immediately began shaking while writing and told me,” You might want to drop this right now, I can make your life miserable.” I just calmly smiled and replied, “Yes, you can and I’ll know exactly who I am dealing with.” That was one pissed off individual.
Many cops usually ask because if you tell them where you're going/coming from, they claim that it's an area known for drugs or other crime, or that there was a recent crime in that area. I was legally parked beside the road to use my phone & a cop stopped. He claimed & auto shop nearby had been broken into & demanded my ID & was a total jerk. I happen to kind of know the owner, so I asked him a few days later & he said the place has NEVER been broken into.
I don’t get the ID thing with cops. Unless they know the name of the person they’re looking for, showing your ID neither proves nor disproves your involvement
@@Look_What_You_Did no i didn't. I hardly ever go to that town these days. He was the newly appointed chief of police at the time. I'd probably have to complain about him TO him. & he's not one for transparency. One of the first things he did was take down the PD's Facebook page. The next officer in charge is a cop who lost his law enforcement certification in the next county over for being drunk & shooting his gun at a woman's house he had "a thing" with, while he was in uniform. But he was still able to move here & get hired, & 12 years ago arrested me for DUI even though I passed the breath test with ALL ZEROS. So I'm staying away from that PD. (Don't believe me?? Google "Robert Alkire Pocahontas county WV.")
@@Trashman702 it's like a drug to most of them. I've also been close to being arrested for not wanting to identify myself INSIDE my own home. I wasn't even suspected of a crime or anything; they were just there for another reason & wanted to know who I was. I've heard several lawyers say you don't have to ID yourself in your own home or that you can't be arrested in your home - or on your own property - without an arrest warrant. But it happens where I live quite often, & the arrests always seem to be ok with the court. (There's also case law saying cops can't execute an arrest warrant for someone at someone else's house, but that's happened here too. Just recently too. A lawyer with a YT channel made a video about it because he represented the homeowner in one of those cases. But I'm in rural southern WV; they do pretty much whatever they want here.)
@@Trashman702 Unless it's a legitimate traffic stop 90% of the time it's an exercise in presumed authority, and their sociopathic little minds can't process being refused.
There are a lot of things that public schools do not teach. Unnecessary things such as reading (and understanding) the US Constitution; filling out a job application (they are available in 100-sheet pads from places like Staples); balancing a checkbook (OK, that one may seem a little out-of-date); adding and subtracting without needing a calculator (who knows - you might turn out to be a math prodigy); developing the ability to recognize a sentence versus a sentence fragment (a sentence has both a noun or pronoun and a verb); and so forth. I sat beside a recent high school graduate on a flight from Houston to Phoenix, and the girl didn't know whether she was east or west of the Mississippi River (west); didn't know which states were adjacent to Arizona, where she had lived all her life (California, Nevada, Utah, Colorado, New Mexico). Granted, these are things related to maps, but it does show that education is relative. And frequently, inadequate.
@@MarkkuS They DO know the LAW though. They simply don't concern themselves with it when it hinders whatever the hell they are trying to do in that moment.
@@andyfletcher3561 they do not know the lay. they only know a very small part of the law and yes, they can and will lie to you. if i am driving and run a stop sign, i am at fault and the have the right to ID me but not my passenger but they will tell you that the passenger has to identify. (texas)
@@roncarson-xb6oh When I say they do know the law I'm talking about these very basic things we see in video after video, especially as regards public vs private property and trespass, 1A, and 4A. And yes, they absolutely lie.
Dumb questions, smart questions; they all get the same answer. "I do not answer questions, Officer." "I do not consent to my person or property being searched, Officer." "I am not comfortable continuing this interaction with you without my attorney being present to advise me, Officer." "Am I still being detained, or am I free to go, Officer?"
Which is all fine .. just try to be polite about it. It sucks we have to coddle them .. but it's in your own best interest. "Sir, it's nothing personal, I know you're just doing your job, but my uncle is an attorney, and he told me if I ever get pulled over that I should not answer any questions and just call him instead."
When pulled over you don't have to say a single word, when they're asking you questions just silently stare at them. They can write the ticket and explain the ticket without you saying anything, you just have to sign the ticket.
@@jeffk464: Except, it's already Supreme Court precident that just remaining silent doesn't invoke your protections under the 5th Amendment. You actually have to INFORM the jack-boot rendering you your public servicing that you're invoking the protections guaranteed you under the 4th and 5th Amendments or they're going to assume that your silence is implied consent, and that assumption will hold up in court.
@@DefiantSix Exactly .. and besides that, "just staring silently" at someone while they're interacting with you and asking questions etc. is obviously abnormal behavior, aka reasonable suspicion, and is so utterly self-defeating that it's practically begging for the situation to get worse. Just invoke the 5th and don't be a jerk about it. You're not making some stand for the Constitution on the side of the road. That's what court is for. Staring silently at the cop is just wasting time at best, and (more likely) making your own life more miserable at worst. I really don't understand people who think this way.
The problem with answering a simple question is it will likely lead to another simple question, then another and another and then you have established that you are answering questions so when you've had enough and cut it off they interpret it as suspicious and think they are getting close to what you are hiding. And the problem with saying you won't answer questions is they aren't going to just accept that and quit, they are going to deem that suspicious and ask why not if you have nothing to hide and keep asking dumb questions until they hit something that aggravates you and you respond.
Quite simple, actually. Invoke the fifth if they start to ask simple questions right away. If they ask you why: "This is not an consensual encounter. Unlike you, I'm not getting paid for it. So please don't waste my time and finish whatever you need to do so I can be on my way".
I was heading home from a work site and got pulled over because the temporary tag I had on my vehicle had fallen off my rear window. Simple enough. The officer of course asked for license and registration and repeatedly refused to give me a reason for stopping me. I provided said documents at which point the officer immediately started asking if I had been drinking. I don't drink. And I especially don't drink and drive. I have a CDL. Drinking and driving is an absolute no go, and I just don't find drinking enjoyable. He asked no less than 9 times if I had been drinking while examining my documents, then went to his vehicle to run my information. After getting nothing negative back he returned to me and returned my documents, again asking three more times if I had been drinking. He also seemed to be getting more and more upset every time I told him I had not been drinking. After about 10 minutes he finally told me why he had pulled me over which I immediately fixed by retrieving the temp tag and rehanging it in the window. This seemed to upset him more and he again asked several more times in various ways if I had even had a drink in the least since I had been born. He seemed VERY fixated on trying to bust me for DUI. All in all the stop lasted just under the statutory maximum of 15 minutes and I was asked at least 30 times in various manners if I had had anything to drink before driving. In the end, I was able to end the stop with the simple statement "Officer, I have answered your questions, and fixed the issue for which you pulled me over. At this time I will no longer answer any more questions. You can either release me to continue on my way or you can arrest me, but I am not answering any more questions." This obviously upset him, but as he had nothing else to go on he was forced to let me leave.
I always ask right away if, in the officer's professional opinion I'm under legal obligation to answer. If the officer says yes, I request a supervisor and tell the officer to keep his trap shut until his boss arrives so he doesn't get him or herself into trouble.
I always blame my momma. "I would love to answer your question officer. However, my momma said I should NEVER answer questions without a attorney AND I ALWAYS LISTEN TO MY MOMMA!"
I have usually truthfully answered questions like “where are you going?” and always been polite and often gotten away with even no ticket. One of the best was “How are you doing today?” ( he legit had me dead to rights speeding). My response (laughing) “I was doing great but I suspect it is about to get worse”. I got off with a warning.
I am "Good so far, we'll see how it goes in the next few minutes." If I know I did something wrong, I will let the cop bring it up, then I don't deny or confirm the accusation, just respond with "Okay," or "Good to know." Always polite with plenty of please & thank yous. I will banter a bit and flip the script asking him questions about his night and such. I almost never get a ticket, rarely get a written warning.
*Most stupid question ever asked of me by a cop (pre comprehension of all my rights)* In Virginia as a younger man, I worked a job where I regularly carried a gun. I was not working that day but was open carry. I stopped by a gas station that I frequented, and was friendly with the staff. When I finished pumping gas, I promptly paid then got back in my car and began traveling down the road. By the time I was about 5 blocks away, I get lit up by a cop. I of course pull over, and he walks up to my window. He stated that he stopped me because they received a call that I was wearing a gun. I said "OK". He asked if I in fact had one and I said "yes, right hip...but you didn't walk up to the car like someone had told you that I was waving it around or something, so why are you pulling me over?" His response was the same as before "well we got a call...". I reminded him that it is a state where open carry is legal. He then asked *the stupid question... "Is it loaded?"*. My response..."Are you a rookie? Because that is the dumbest question I have ever been asked! The answer to your question is YES. What were you expecting for an answer? No, if I needed to use it I planned on chucking the ammo at them one by one by hand and maybe use harsh language with them to scare them off??!! Please tell me that you didn't pull me over just to ask stupid questions." After about 2 seconds of silence, I ask "Now that you have wasted my time, am I free to go?" He said "yeah", and I pulled off leaving the"scene" before he could even turn towards his car.
So once I was stopped at a roadblock and asked where I was going and I told him my wife was pregnant and in labor and we were headed to the hospital. She then started to have a contraction and began to make quite a bit of noise. He literally panicked and started yelling “pregnant woman! pregnant woman! let them through!” I thought the poor guy was gonna have a baby himself. It was pretty funny as these things don’t happen in five minutes but he didn’t know that. I think he was about 20 years old so I’m just laughed and went on.
The best I ever answered, the officer asked where I was coming from…stuck my head out the window looked behind me and looked around and said “back that way” and then asked “where ya heading to ?” Looked straight ahead and pointed and said “that way” he was totally perplexed for a few seconds 😱😂
I want to figure out a non-snarky way to answer "I'm in the process of getting from where I was to where I'd rather be," but I'm also keen on something akin to "that's none of your business," in a way that's not going to tickle the pig's radar for sass.
@@thomasarmstrong9327 No matter how much you hate cops it's probably better to just invoke the 5th in this scenario tbh, you're asking for trouble really saying anything
Totally agree, don't be nasty to police when they haven't been unkind toward you. Even if they ARE jerks, don't give them desire to penalize you. My Dad had to pull into a parking lot after accidentally crossing a double-yellow line. THE COP WAS IN A RAGE even though Dad stayed respectful. Next day Dad went to the station & told the desk sergeant about this. "I'm not contesting the ticket, but your officer's attitude was horrible. With attitudes like that, I see why many see the police as 'pigs.'" The sergeant thanked Dad, but when the court day came, the officer wasn't there (obviously at his sergeant's order) & the ticket was dropped. ATTITUDE MAKES A DIFFERENCE ON ALL SIDES!🙂
Well, like stated in the video, questions like "where are you coming from?" is fishing. So they try to incriminate you doing that. I would call that "being unkind". Yes, you better be kind. But not because it would be rude otherwise, it's because cops can do whatever they want and don't get charged for it while you can get increminated easily even so you don't do anything wrong.
@@robillingworth8503 Well, I'm not from US so I don't have that problem. I would tell the officer: "I'm sorry officer but that's not an consensual encounter and unlike you I'm not getting paid for it. So please don't delay your work and stop wasting my time". I hope that'd be respectful enough ☺
"I'd prefer not to answer any questions." This is what I needed, lol. I knew not to answer, I knew not to be a jerk, but couldn't think of any other option.
I got pulled over and the cop was furious. I didn't feel like anything I could say would be helpful to me, so when he started asking/yelling his questions, I handed him my ID and insurance and put my hands up, palms out, indicating I wasn't saying anything. He could see he wasn't getting anywhere and just wrote me my tickets. I didn't invoke the 5th. I just shut my trap.
I came from a casual encounter that turned intense between my mother and father and was born about 9 months later .... Thru the GRACE of JESUS CHRIST I am going to HEAVEN ... WHERE IN THE HELL ARE YOU GOING?!?! HOW MANY DOZENS OF TIMES HAVE YOU LIED ON THE STAND TO CONVICT THE INOCENT ?!?!? HOW MANY FELONIES HAVE YOU COMMITTED WHILE IN UNIFORM ... HOW MANY FELONIES HAVE YOU COMMITED PERIOD ?!?!? HOW MANY ILLEAGLE DRUGS HAVE YOU TAKEN THE LAST 5 YEARS?!?!? HOW MANY TIMES HAVE YOU COMMITTED SEX ACTS IN A PATROL CAR WITH OTHER OFFICERS OF EITHER GENDER WHILE ON DUTY INCLUDING PASSIVE FALLACIO ?!?!?!!? what??? huh??? I don't answer questions ....
No. No. No. Funny, yes. Wise, no You just gave the cop probable cause to search, identify, and detain the "alleged murder (or smuggler, or abductor maybe)".
@@cliffordneil8351 Cracking jokes with an officer is a big no no. It will lighten up the tense atmosphere, but get you arrested if you start talking too much after establishing a level of trust with that deceptively friendly officer.
If a LEO asks me where I'm coming from or where I am going, I always respond the same way: "I'm sorry officer but I don't share my personal travel itinerary with strangers and I don't know you."
7:03 Yeah, whenever the cops say someone they're questioning seems nervous I'm thinking of course they're nervous. If we're at a basketball game talking about the season I wouldn't be nervous. During a traffic stop I'm worrying I committed a crime I never heard off. Also I know I live in a constitutional carry state, but I don't know if the cop has kept track of state gun laws.
"See and Hear what you want to see and hear..." Yes, for me when I get a new tool, a HAMMER, for example, all of the sudden EVERYTHING looks like a NAIL!
There was some great advice I received about answering police questions. "I have a friend who is an attorney and he advised me to never answer police questions." Advice from Andrew Flusche (said all his viewers are his friends).
I would strongly recommend refusing to do the field sobriety test. It is so easy to fail it, even if you're sober. Just say that you have a bad balance.
I know a man that got out of a DUI legally because they didn’t have a warrant to do the blood draw but the state still suspended his license and wants an ignition interlock installed. In my state if you refuse a field sobriety test your license will be suspended.
In my state your license can be suspended if you refuse field sobriety tests, but not if you comply with a blood draw, so if asked to do field sobriety tests I would simply respond, no thank you, those are too subjective, but I’d be happy to submit to a blood analysis.
Your videos are very informative (as well as entertaining!) Massad Ayoob (on the Wilson Combat channel) gives good advice on what to do if you're pulled over while legally carrying a firearm. The video's title is *"Massad Ayoob - What to do if you get pulled over while carrying - Critical Mas Episode 11".*
Salinas v Texas ruled that not answering a question could be used against you if you don't articulate that you are invoking your 5th amendment right to remain silent. "Justice Samuel A. Alito announced the judgment for a divided Court. Justice Alito, joined by Chief Justice Roberts and Justice Kennedy concluded that the Fifth Amendment's privilege against self-incrimination does not extend to defendants who simply decide to remain mute during questioning. Long-standing judicial precedent has held that any witness who desires protection against self-incrimination must explicitly claim that protection."
Traffic stops are different from most other police interactions in that you can talk your way out of a ticket. You have to make a judgement call on whether being helpful and answering questions will get you out of more trouble than it will get you into. I have talked my way out of several tickets by being polite and cooperative. And one by being confrontational. But in the confrontational scenario the cop tailgated me and then pulled me over when I sped up to generate some separation.
Call them in next time to the State Troopers or Sherrifs, and don't be afraid to Brake-Check them; just remember to use the excuse of something ran into the Road.
The correct thing to do when anyone tailgates you, is slow down to create greater distance in front of you so that you won’t need to brake suddenly if anything happens in front of you. In essence… you’re supposed to add their adequate following distance to your own following distance.
@@bobinthewest8559 when someone is tailgating you, they're following too close. They should be 3 seconds behind, so slow down until their following distance is 3 seconds. When you do that, they will soon pass you.
@@ligmasack9038 I did that one time. I was traveling to work one very early Saturday morning. I had just entered the interstate, the speed limit was 70 mph, when a sheriffs deputy passed by me. He/she was traveling in the left lane and there was no traffic on the road at 5:15 AM. My travel time to work is about 45 minutes and is 38 miles one way. The deputy was traveling approximately 85 mph so I remained in the right lane and paced him/her for about 25 minutes as he/she remained in the left lane. Just as were we coming into the metro area the speed limit drops to 65 mph, he/she continued to travel at 75 mph so I still maintained the pace to keep up with the deputy. My work location is two counties away and this deputy was from a county four counties away from the county we had just entered. For some reason, this deputy suddenly slowed down and I went by their vehicle at my current speed of 75mph. The deputy immediately pulled in behind me so close that I could barely see the headlights on their vehicle in my rear view mirror. I didn't slow down and gave out a loud count of 1, 2, 3 to myself. I then hard braked and watched the front end of the deputy's vehicle dive down from the hard deceleration and then I resumed my speed. The deputy then maintained a very safe distance from me until I exited the interstate a few miles down the road. I did this because number one, he/she was wrong by exceeding the speed limit. What's good for the goose (the deputy) is good for the gander (me) so I paced their vehicle to make a point. Number two, the deputy got butt hurt and decided to commit another infraction by following too close to my vehicle at an unsafe distance. I did a hard braking maneuver because most LEO vehicles in my area have dash cameras and I wanted that evidence for court in case he hit me. My defense was going to be that I observed road debris and was attempting to avoid it. If the deputy claimed there was no road debris I would counter that accusation with stating that the deputy couldn't have seen what I did because they were too close to me and could not see around and, ahead of me. Number three, in my State a vehicle is required to stay in the right lane on an interstate unless overtaking a slower vehicle, then once that happens the driver is required to move back to the right lane. The deputy stayed in the left lane for over 25 miles and didn't move to the right lane until after they were butt hurt because of my disrespect of them. Also, this deputy was outside their jurisdiction and unable to make a traffic stop so I assume he/she was insulted because of their perceived disrespect of them. The deputy wasn't able to perform a traffic stop for a traffic violation because of being out of their jurisdiction and I knew that. I don't dislike police but what I do dislike is their I'm above the law attitude. In my State, a law enforcement vehicle is allowed to travel 10 mph over the posted speed limit to respond to certain calls for service. If the call for service doesn't meet certain criteria they're required to abide by the same traffic laws that we are required to abide by. If they're responding with emergency equipment activated (lights and siren), then they can exceed the posted speed limit greater than 10 mph but must do so with discretion and with due regard. The deputy I encountered obviously wasn't responding to an emergency call four counties away from his/her jurisdiction and definitely can't use the excuse of traveling 10 mph over the posted speed limit to respond to a non emergency call. I tell this story to encourage citizens to know their local, and State, laws. Know your Constitutional protections also. I have another good story about about another deputy operating outside his jurisdiction and performed a traffic stop on me in a very similar incident as the one I just posted. It's very entertaining and too long to post here. He received a 45 minute road side education that will benefit him for quite a while. BTW, I'm a former LEO and quite familiar with the laws these deputies, police officers, etc., attempt to enforce. I entered law enforcement, after leaving the military, because I thought it was an honorable profession. I wanted to help people and help bring justice to those that were wronged by the criminal element. I left law enforcement because of incompetent, and corrupt, LEO's that gave us all a bad name. There are some good LEO's out there and there are some that aren't so good. Most LEO's rely on your ignorance for their success.
Got pulled over for a missing headlamp. The lady cop asked me where I was coming from. I looked her into the eyes and stated, "Hither and yon, to and fro, back and forth, here and there. Take your pick." She then asked me where I was headed. I shook my head and asked her, "Are you ~really~ going to actually ask me that after my last answer?" She as least had the sense to look a bit embarrassed. Didn't get a ticket on the headlamp, just a verbal warning.
No, they're right about verbally saying you're invoking your right to remain silent. You MUST make it clear by saying out loud (ironically) that you are remaining silent and/or refusing to answer questions. I had a cop pull me over a few years ago and ask me THE question: "Do you know why I pulled you over?" I refused to take the bait and said nothing, just shrugged my shoulders. He said I was acting confused and wrote me a $150 ticket for "inattention to driving", even said he was doing me a favor since that was a non-moving violation. And it actually stuck when I went to court - despite my supposed constitutional right to remain silent, the judge agreed that my behavior could have been signs of "confusion, inattention, and/or general unawareness" and the fine remained! I had to pay it! Ironically, at no point in the process did he ever say why he pulled me over in the first place. Ridiculous.
I always have paperwork in hand stuck out the window for them. Of course the " do you know why I pulled you over" gets the ball rolling, " doesn't matter officer, pursuant to Florida law you initiated your lights I pulled over, reason doesn't matter, here is my paperwork."....."So, where you coming from/going to?" ..." I have the right to remain silent, anything I say can and will be used against me in a court of law. I have the right to have an attorney present during questioning....do we need to get a lawyer officer?"......the 2 that I've given this treatment to shut down quick and didn't get a ticket either time....whether from them being flustered or nice or there not being any real reason, I don't know.
But that actually gave them what they wanted which was to hear you talking so they could evaluate your speech and coherence. Be sure to practice that a lot so you don't stutter, mispronounce, or forget the words.
I'm an uber driver and was driving to pick a guy up. Suddenly there was a cop behind me and he pulled me over for speeding. Do you know how fast you were going? he asked. A little over 40 I said. Do you know the speed limit here? he asked. I said I thought it was 40 (I hadn't driven that road before). He said he clocked me doing 45 in a 30 mph zone. I sort of lost it and said I'd given over 10,000 rides, had driven a quarter million miles while ubering and had never gotten a ticket or been in an accident. I said how careful I always tried to be (true), how I always tried to stick to whatever the speed limits were (true) and couldn't believe that I was stupid enough to have not seen the speed limit sign and was going so fast (also true). I made it obvious that I was really upset with myself and not him, he was just doing his job. He took my license and insurance back to his car and after a good wait came back with a ticket. A warning ticket. He said when he first pulled me over he fully intended on writing me a speeding ticket but that he appreciated my attitude and honesty. Sometimes talking works. You don't HAVE to talk to the police, but they don't HAVE to give you a break, either.
You are incorrect. Your statement that a person not specifically invoking and verbalizing their Fifth Amendment right doesn't hurt them is patently false and bad legal advice. See Salinas v. Texas, 570 U.S. 178 (2013), whereas, a person who desires the protection of their Fifth Amendment right must claim it at the time s/he relies on it.
I´m not from the US, but some time ago watching some auditor´s channel, they said that some judge in the US decided some time ago that you just can´t stay silent while asked questions by cops and expect to be protected by the Fifth amendment... in order to be protected, you have to clearly state to them that you´re invoquing the Fifth. Greetings from Caracas, Venezuela.
You do have to verbally refuse to be protected from further questions, but if you actually remain silent and don’t start answering later on you are still protected. It’s only an issue if you start silent then eventually answer follow up questions you have given up the right.
That case was where they were interviewing a suspect, he was all chatty, but when they asked if he committed the crime, he didn't answer and became all stressed. The prosecutor wanted to explain that to the jury. The defense said he had a right to be silent. the judge ruled, that since he started talking, the prosecutor could explain to the jury, that he was all chatty but when asked about the crime, he refused to answer. Its probably a good ruling in all honestly. Which is why, you don't answer ANY questions, even the dumb ones.
It's based on a supreme court case a decade ago where someone was willingly talking to the police but then fell silent when asked some direct questions about the crime in question. He was then arrested afterwards and found guilty of that crime, in part based on his silence. He tried to contest that he had the right to remain silent, but the court said since he wasn't arrested at the time, and chose to talk to the police, he sudden silence did not mean he was automatically invoking the fifth amendment and so it wasn't a protected silence and could therefore be raised in trial as an indicator. In the end, the only time silence is equivalent to the fifth is after you've been arrested or if you haven't willingly said anything yet. The safest possible option is still to not talk, but if you do talk at all, you should state you are invoking the fifth when you want to remain silent, even if it might not make a difference typically.
The First Amendment is involved also. Choosing to respond with silence is also protected by the 1A. The Supreme Court has ruled this even applies to identity when the speaker chooses to remain anonymous, and the right to refuse unwanted communications (e.g. small talk with police). See Talley v California.
He is asking questions to smell your breath when you answer to see if he can win the jackpot with a DUI for that day. Seriously, they get bonuses and benefits for the number of tickets and DUIs they get.
"Where are you coming from", is good to get an answer like "from the bar", which then leads to questions like "how much did you drink", and on and on, you can see where this goes
@@thorinpalladino2826 Don't know if its the same in the US, but at least here, it's not the rank-and-file officers that WANT to make arrests, its their commanders that push them to do so, so it looks good on the papers.
@@thorinpalladino2826 Once people realize that "the police" are nothing but a ticket, citation, or arresting machine, they will think twice about saying anything to them. Be respectful, but be quiet.
Jerk answers often come with a helping of police brutality. I remember once the cops told my uncle "We can just get a search warrant anyway, you don't want us to have to wake up the judge and make him mad do you. It's 2am" My uncle said "Tell his wife I said good morning" and proceeded to get his ass whipped while he was in handcuffs
Old guy in town is stone deaf because at some point in the early eighties he mouthed off to a sheriff’s deputy so the deputy pistol whipped him, held his revolver with the cylinder up against his ear and fired six shots into the dirt Times were different back before video cameras
the reason cops ask you where you came from or where you are going is to establish your familiarity with the area / intersection so that you can not proceed to feign ignorance about the signage or speed limits, etc. If you say I am coming from home and going to work, they know that you knew there was a stop sign there.
Very important: Figure out how you are going to answer ahead of time and practice. And parents, for gosh sake talk to your kids about these issues and practice/role play with them.
When they ask, “where you coming from,” just say, “your momma’s house!” If they ask, “do you know why I pulled you over,” you should answer, “why, did you forget already…?”
So a while back, i was detained for taking photos of a public place and I was asked about this and what I ended up doing was overtelling and explaining to them how wonderful my camera gear was. And they would try to change the topic but I kept saying ,"nope, you asked me a question and now you'll get the same answer I'd give if it was a normal person and not just an officer." since this is in the town I live in, I never get asked or anything anymore. Makes life easier when you annoy them by giving them more than they ask for.
The last time I was pulled over, several years ago, the cop asked the from/to questions. When he asked where I was coming from I pointed behind me and said "that way", and when he asked where I was headed I pointed in front of me and said "that way".
At a DUI checkpoint.....they asked for DL, registration and proof of insurance...and asked me, where are you coming from....I just reached into my shirt pocket, showing them my atty ID and a biz card....."I cannot answer that question"....they waived me thru forgetting about the DL etc.
I work a rotating evenings/midnights job. Last week I was getting groceries kinda late and drive past a row of nice high end auto dealerships. I decided to stop in the lot which has no signs and is very well lit, and was looking at a Mercedes GLC AMG 43, when a county deputy suddenly appeared behind me and says to me “just late night shopping?” To which I responded “yes just late night shopping, officer. I work midnights and evenings like you, so this is noon for me.” She informed me that it’s not allowed to be on the lot after closing and then asked if I had ID. Which I was happy to show her as a sign of respect (my father and all his brothers are LEO). But when she started walking away with my ID to her car I suddenly did not feel as friendly. I asked her why she was taking my ID, to which she replied “well I need to check if you currently have any arrest warrants, and also if anything were to happen or come up out of the ordinary on this lot we will know who was here and when. Sound fair?” To which I replied “no that doesn’t sound fair. I didn’t need to ID myself unless you articulate a specific suspicion or code/law I’ve violated”. To which she barked to me “just wait by your car”. When I started to get in my car she yelled “stay outside your car for me sir”. Then she took roughly 5 solid minutes to run my license, and comes back with it and she says “look I’m not saying I think you were doing anything wrong. You just can’t be here after closing.” The next day I called the dealership, and asked about their policy regarding this. Then I called the local Sheriff Dept office of code and deputy conduct, gave Lt. Sunder-- her full name and asked that he review the body cam footage and situation as a whole because it just seemed she was unnecessarily aggressive and perhaps there was an opportunity for coaching here. (This deputy was maybe all of 23-26 years old, and it showed). Two days later Lt. Sunder-- called me back and said he reviews the body cam footage and while nothing she specifically said was in violation of their conduct policies, he apologized to me for the incident saying that he checked with the manager of the dealership and they verified they have no signs denying access to shoppers after hours, and as such he “counseled Deptuty Y. that she is not to stop shoppers from conducting legitimate browsing business regardless of the time of night and he assured me she would not interrupt me again”. Damnnn those were sweet sweet words. It felt like she just didn’t like me being there. I felt like “do you speak for this dealership lady? Because I test drove an $84,000 car here a few days ago. I’m trying to make a decision girlie. 😂
I got pulled over in Madison,Alabama at 2:00am doing 60 in a 45...he asked where i was going ...i was in uniform with name badge ...told him i was a hospice nurse heading to my patient that was having shortness of breath in Athens...he told me to be careful and let me go...i was very grateful and so was my patient ...not all cops are bad
The pigs don't like your rights. Its likely, from my experience, for the fuzz to get bent out of shape when you excercise your rights even when you are polite. They hate the thought of you not licking their boots. I NEVER act happy to be pulled over and its unreasonable for that thinskinned blue line to expect an abundance of cheer while I am being seized.
@@Daves_Not_Here_Man_76 Because it throws the onus of acting back on the asker... When a man at the bar asks, "Are you looking for trouble?!?" You never say, "Yes!", because then you have some. You never say, "No!" because you just surrendered. The correct response to, "Are you looking for trouble?!?", is, "Why?!? Are you aiming to give me some?!?" It throws the ball back in their court...
A cop asked me once "what are you doing". To set the scene: I was standing in front of blackberry bushes, there was a bucket of blackberries at my feet, I was holding a bowl of blackberries, and my hands and shirt were stained from blackberry juice. It was pretty obvious what I was doing. But, that's not what he was really asking. He asked the question to judge my reaction. Looking at him like he'd asked the stupidest question in the universe was the right reaction. If I'd been shifty and nervous it would have been a different situation.
not invoking the 5th can make them twist your silence as "well he didn't say anything so he must be guilty." I remember hearing about people getting guilty verdicts over this.
One seldom spoken about thing is that police officers have the discretion to write you a ticket or let you off with a warning. If I know I got pulled over for a legit violation, I’m going to be very polite and answer all of their questions. More than half the time I got left off with a warning, although not every time.
When they ask where are you coming from, where are you going, the next question is often, where's home? This is usually a lame attempt to fine you for not having your current address on your license. They do this in Australia too.
had a officer stop me at 6am on my way to work, gave him all my papers and he asked where i was coming from. I stated i was coming from home, he then asked well where is home. apparently answering with "you have my license and can just look for yourself" was not the appropriate answer. somehow talked my way out of the ticket but he got so bent by my answer i thought he was gonna throw the book at me for everything he could dream up
Sorry I'm dumb: what should you get a ticket for? I'm neither aware of a law for not being nice, nor of a law that we have to work for the police. You told him where to find the intel he's looking for.
I’m an honest person, and I tend to overshare. As I’m typing this Reddit’s “Butterrss” comment comes up and explains what I was just thinking! That’s 100% me. I have ADHD, and major anxiety. If I get pulled over, I’d be SUPER nervous, my voice would be shaky and/or I’d talk fast, which could look bad, and I’d overthink it. I’m always honest so I’d want to answer honestly, and I’ve found that when suspected of something, and being honest about how I didn’t have anything to do with it, I can see that whoever I’m talking to in this situation doesn’t believe me, even though I couldn’t be more honest. I’ll start sounding suspicious (because as I’m speaking, I’m overthinking everything I’m saying, thinking “this doesn’t sound true, I sound like a liar, they don’t believe me etc). I know, it’s weird. If the best thing to do in this sort of situation is to not talk. How does someone like me go about that without coming off as rude, or possibly looking guilty of something? That’s something I need to learn.
I just read a article that it's illegal for Seattle police to lie to the citizens for information and whatnot. It's the "first in the nation" new law. So hopefully over time this law will be spread out across the US where cop's can't lie to citizens or suspects or to fish for information.
The issue about the 5th is - IF you started by answering questions THEN you must invoke the 5th to stop answering. Just going silent AFTER answering questions can be interpreted as guilt. If you NEVER answer from the start then it can't be used against you. It's the change in behavior they can testify about.
Pretty sure silence is never admissable as guilt but if you can find a judge who lets you point out silence then I know there are definitely lots of slimy gross attorneys who have made themselves off of that so you should go for it
What case law? Here, let us help you. Salinas v. Texas. It was a bad case, and is NOT successfully used as a precedent. Now, show us what you got.@@MurraysMethods
> If you NEVER answer from the start then it can't be used against you. Not correct. Pretty sure a court has ruled that just staying silent without positively invoking your right to 'remain silent' means you haven't actually invoked it yet.
I was once pulled over for a broken tail light. After handing my license to the cop he looked at my head shot picture and said "you look taller in this picture." To which my passenger said "that's because he was wearing platform shoes ." 🤣
When I see videos of police stop, one of the biggest mistakes I see made is when the person answers a multitude of innocuous questions and then when the officer says something like have you had anything to drink tonight, the person says I don't want to answer any more questions. This leaves the officer and potentially a jury the impression that you did have something to drink, and that's why you stopped answering questions. If on the other hand, you had refused to answer any question from the get-go, then no search inference could have been made. Most people's got reaction is to try to be friendly to the police and keep them from writing you a big ticket, but there are times when any conversation might be getting you into bigger trouble.
I am terminally ill, and have a medical device that often fails me and causes Emergency Room visits. Last time, I spent hours in the ER, I missed meals and medications, I was released a little after 2Am. I decided to go to a fast food restaurant, when I turned down the street, red and blue lights were in my rear view window so I pulled over. The officer asked me where I was coming from and I told the officer. They asked why I was at the ER and I told the officer. The officer stated that it didn't sound so bad. I was so exhausted and hungry and felt like I was judged, I burst into tears. The officer kept demanding that I look at them, but I refused. The officer went back to the police car and after a few moments returned and told me to go home. My question is "do law officers have the right to call an ER and ask about your visit and the cause of your visit.
I got pulled over in Texas, while driving home from a trip. I drive on all my trips, cause I like to drive, and my trips usually involve shooting competitions. The TX Ranger [a legit TX Ranger] comes up to my car and starts in on the questions. He pulled me over cause I was in the Panhandle with Illinois plates. "Do you know why I pulled you over?" "nope" "Can I have your license and registration?" "sure" "Where are you headed?" "home" "In Illinois?" "Nope, this is a rental, I am headed home to IA" "Where are you coming from?" "Arizona" "What where you doing there?" "Vacation" "Do you have any drugs or guns in the vehicle?" "buddy, I was at a shooting competition, this car is packed full of guns" at which point his eyes got the size of dinner plates and I started laughing so hard he hands me back my license and registration, and says, "be on your way and drive safe" before he walks away, I ask, "hey, I desperately need a nap, where can I cop some zz's and not get harassed?" which was his turn to laugh cause this was a tiny little town in TX "right up the street, behind the grain elevator. you know what that is?" "yep" and I caught a 2 hour nap in a rental car full of assault rifles and pistols :D
The last checkpoint I drove through (RIDE check) started the fake small talk and I just said "Let's skip the chat and I'll gently blow toward you and you can see if you smell anything". He laughed and let me go.
@@leef_me8112 They all have breathalyzer machines here. If he'd pretended to smell alcohol it would have been another minute at most and he'd be proven a liar. I don't live in USA land of the corrupt pig. We're actually free here not just propaganda "free".
If the officer claims to have "smelled alcohol" then he has an uphill battle ahead. Alcohol has no smell, it's the flavors/ingredients that have a smell. The seasoned cop will use the term "alcoholic beverage".
One must assume that since they are allowed to LIE, (which they interpret to also being allowed to also lie while under oath), then they are also 'trained' in the fine art of planting, and/or fabricating 'evidence'.
@@mctripleA no matter who you're dealing with, disrespect should only be the answer to disrespect. You like being respected and so do they, if you're going out of your way to be rude to people, police or not, then I'm sorry to say but that's a very immature and sad thing to do. Plus, it's a nice way to give the cops a reason to be more of an ass pain than they already are.
My favorite back when i was a bad kid. Was during questioning after being told "we were told this by X person" i would respond with "thats not correct", they would follow that up with the question "well then what is correct" i would always answer that with "your a detective its your job to figure it out and not my job."
“Do you know why I pulled you over?” “Well gee… I’m gonna have to guess that it has something to do with the fact that you’re wearing that nifty uniform.”
The police are allowed to lie. What if you ask; "Am I being detained?" or "Am I under arrest?" If the police say "yes", how do I know they are not lying?
the standard for when an investigatory detention has occurred is whether a reasonable person would believe they are not free to go, so cops can't lie to you about whether you're being detained because answering "yes" is a speech act that makes you detained whether than detention is legal or instead a violation of your civil rights is a different question being under arrest is a bit trickier -- there have been cases where cops have told someone they are under arrest but the person was never placed in handcuffs and ultimately allowed to leave and the court held they were never arrested
@@coreyyanofsky It would seem that way. Keep in mind there are thousands of "people interacting with police" videos on you tube. I don't think you will find even one video where someone asks the police; "Am I being detained?" or "Am I under arrest?" and the police actually say "no". They are lying and could care lest about courts. Remember there is qualified immunity and regardless of what the police do, they cannot be sued.
@@senseofstile here's one: ua-cam.com/video/RhWDpTS9TlY/v-deo.htmlsi=qocsNokDeTdY8kJ5&t=357 the cop did detain these auditors for a couple of minutes but quickly realized that there was nothing to be gained by continuing to try to engage i think you and i would agree that qualified immunity is overly broad but it is not the case that the the police cannot be sued _regardless of what they do_ ; what makes qualified immunity "qualified" is that it doesn't apply when there is established case law putting officers on notice that a certain action is a civil rights violation an easy example is that it's excessive force to punch someone after they've been put in handcuffs
"With all due respect, officer, my uncle is retired law enforcement and taught me 3 things. 1) Don't be a rat. 2) Respect the police. 3) Don't ever speak to the police."
This happened 20-30 years ago, I was passing through the one area (there are actually many) that they don't need probable cause. A "border" checkpoint 90 miles inland, within the 100 mile "Constitution Free Zone". CBP asked me "Where are you from?" I said my home city, that I was driving to. He EXPLODED. Yelled "NO! I said where are you COMING FROM! Get out of the MF'ing car!" They then drug sniff my car, and "got a hit", and proceeded to tear my car apart. Took out everything, floor mats, spare tire, dumped my tools in the road, and took apart my custom built subs. They found nothing. Proceeded to yell some more about where the drugs were, or where were the immigrants hiding. The only thing I told them were "I don't drink, I don't smoke, I don't use drugs, and I'm the only one in the car." After some more swearing and yelling, the finally told me the "GTFOH". The car was a Geo Metro. No idea where they think I was hiding immigrants. Had to put my spare tire back in, pick up all my tools off the road and re-stow them in the toolbox, etc. Had to leave the subs in pieces, until I got home, to reassemble them.
My biggest fear is an officer planting drugs in my car. Not sure why, but it is. I guess as long as I don't talk and don't get out of my vehicle, they can't plant anything on me haha. Thanks for these videos Andrew!
Several decades ago, cops in Mississippi called my mom's car, the Mississippi blue flash. Not because she drove fast, but because she was pulled over for speeding when she was trying to get to the mechanic because her Lincoln stalled out when it hit 40 mph. She brought the mechanic to traffic court and won.
If you're guilty, you need a lawyer. If you're innocent you REALLY need a lawyer.
Oh man that is the most true statements of all statement ever made, ever.
Fucking Sad.
Welcome to the corrupt police state of America.
Right. That's what you call "justice".
Beg pardon?😮
Our local sheriffs department did an experiment where all of their deputies were given field sobriety tests while sober and on duty. Close to 50% of them failed.
Years ago I passed the field sobriety tests after a 12 pack of Icehouse. The cops actually laughed at me and told me to get home.
I don’t understand why these useless tests are allowed as evidence. They are provably useless.
Which sheriffs department is that?
It's almost like they're not designed to detect impaired drivers, but rather to give a gang of thugs a fig leaf excuse for kidnapping people, stealing their property, and locking them in cages.
They already know this. That’s the point.
A cop in Cobb County GA. Is known for pulling people over for crossing the white line on the side of the road.
He will then conduct roadside tests for marijuana and because he passed a weekend class he thinks he is an expert in determining if you are under the influence.
He arrested a university of GA student for being under the influence and put her in jail and impounded her car.
The police officer said that his judgment was more reliable than the blood and urine tests she passed.
The cop was awarded by Mothers Against Drunk Driving with a free dinner.
It has been reported that MADD gives cash bonuses to cops who have high arrest rates for driving while impaired.
The student had medical bills, lawyer fees, impound fees and now has an arrest record.
No drugs were found in the vehicle or on her person
Is this policing for profit?
Not really. Policing for profit generally refers to the government making the profit, not the individual cop.
It's called corruption.
The fact that you can be arrested *just because a cop thought you were high* is fucking terrifying. Especially when they won't admit they're wrong despite being proven wrong by forensic tests...
@@ianbattles7290 qualified immunity. Cops have a de facto get get out of jail free card.
@@thorinpalladino2826The cop made a "profit" with a free meal. He performed something, turning out to be illegal, in exchange for items worth value.
My very first cop encounter was in 1974. I was stir crazy and bored, so I went for a walk around 2AM when it was a little cooler (Phoenix). Walking along the side of a street between Tempe and Scottsdale, the cop car came up behind me. He asked those dumb questions, to which I gave 17-year-old answers. Where are you coming from? (points behind) That way. Where are you going? (points ahead) That way. What are you doing? Walking. Why? Because I have the measles and the doctor told me to stay away from pregnant people. (Before I got to what the doctor told me, he was back in his car and half a mile down the road. I hoped he got a good dose of exposure anyway!)
He is checking on someone walking down the road alone at two in the morning! What's wrong with that? If I had broken down, or just been in an accident, or jumped out of a kidnapper's car, I sure as heck would want a cop to stop and check on me! In fact, instead of being a smart a$$ I would have told him, "Thanks for checking on me, but I'm ok!"
I work as a chef/disabled veteran in Utah. I get stopped at least twice a month going home. I refuse everything. I’ve been falsely arrested twice. My dash cam has saved me. We actually found UV paint on my car. This needs to stop.
I agree. I am so that you have recieved that harrasment. Try to have several cameras if you can. There is a civil rights lawyer who has a channel here that may be able to direct you to attorneys in your area to sue the bad cops.
have you contacted the State Police about this? Media?
@@jjm9902 I miss spoke it was IR. It’s invisible unless you have equipment. Police put a dab on your bumper every hour as it sits in popular bar parking lots. Then when you pull out they see how long you were there. I’m a chef who works 8-10hrs. So I was getting pulled over and over as I left work. This practice was discovered after a state senator caught a DUI here
@@jjm9902 tourist town in a gray crossover we all look the same lol. It’s still not ok because how long you were at an establishment is not cause for stop
You’re a targeted individual.
"Sorry Officer, but since 'ignorance of the law is not an excuse', *I am legally-obligated to know the law better than you."*
Rude.
True, but I don’t know the law well enough to defend myself or even know if I’m breaking one. The legal code is vast and when you factor in court decisions… no one really knows all of the law.
@@jbc175just learn the constitution by heart
@@screweverything2215that's a good start. But the criminal justice system goes off whatever the law on the books says. You would need to memorize case law, and an awful lot of it to cover every single base. Even then "it depends" is often the answer to a theoretical question or situation. And a judge can still ignore things you bring up and still side against you. 1st, 2nd, 4th, 5th amendments are useful to know. Not sure on the others in the event of a police officer pulling you over. Ignorance of the law is no excuse for you but doesn't apply to them.
@@thegrimharvest according to finalized civil court cases, it does if you can find a lawyer willingly to defend you
“If you’re an officer looking for a DUI, sometimes you see and hear what you need to see and hear”. Also known as telling a lie.
Which of course they are allowed to do.
Are you allowed to refuse a dui test?
Depending on the state. However, often states have consequences to refusal of test. You would have to check your state and local laws.
@jimb6087 in Washington they passed a law where certain circumstances they are not allowed to lie. 😂😂😂
@@salmarnir92is some states you can refuse the field sobriety test but not the breathalyzer
I love it when you invoke the 5th, and they tell you, "we aren't in court." Or where did you go to law school? That really bothers me.
the response to that is “if we’re not in court and I’m not under arrest, then I’m not going to help your investigation or participate in a consensual conversation”
They will say anything that might manipulate you into being defensive, so they can pounce on it. Ignore them like gnats.
There is a video of a driver getting arrested for remaining silent. After arresting her for remaining silent the cop tells her that she has the right to remain silent.
"Where did YOU get YOUR law degree from, Officer?"
@@thorinpalladino2826 The woman was a defense attorney in New Jersey.
ua-cam.com/video/_cx2Fkp6Cmw/v-deo.html
I learned the easy way, once you answer a cop's question, he/she can't stop asking them. Another thing I learned, do not allow someone to make small talk with you if you're under their authority. There's no reason to have casual banter with someone who can take your freedom away (or is in a position to take your life away.)
Same thing applies to bosses and landlords.
You Are Under Noone's Authority Other than God.
@@shawnbruce6934 Xōchipilli.
I came from a casual encounter that turned intense between my mother and father and was born about 9 months later .... Thru the GRACE of JESUS CHRIST I am going to HEAVEN ... WHERE IN THE HELL ARE YOU GOING?!?! HOW MANY DOZENS OF TIMES HAVE YOU LIED ON THE STAND TO CONVICT THE INOCENT ?!?!? HOW MANY FELONIES HAVE YOU COMMITTED WHILE IN UNIFORM ... HOW MANY FELONIES HAVE YOU COMMITED PERIOD ?!?!? HOW MANY ILLEAGLE DRUGS HAVE YOU TAKEN THE LAST 5 YEARS?!?!? HOW MANY TIMES HAVE YOU COMMITTED SEX ACTS IN A PATROL CAR WITH OTHER OFFICERS OF EITHER GENDER WHILE ON DUTY INCLUDING PASSIVE FALLACIO ?!?!?!!? what??? huh??? I don't answer questions ....
This is a great rule of thumb. If you have very high intellect and are great at reading and processing the interaction, you can potentially navigate those situations with some level of candor. But most people aren’t going to be able to know what the set ups or situations are that are problems, or casually know what information to not disclose directly or indirectly, and the best non-confrontational ways to handle them.
I believe cops fire off a series of questions because they want to condition you to volunteering information that you are not obligated to provide. They then ask the question that is their “gotcha” question.
It's a successful sales tactic, so I can't see why cops wouldn't employ it while loosening up their victims.
They’re basically always fishing for probable cause and work under the assumption everybody is up to illegal stuff.
Some will throw in silly stuff with the expectation if you’re not impaired you’ll catch it and have a reaction.
One of the big things is taking a moment to think and process what they’re asking and what your response should be. Often people get stressed and feel they need to answer quickly which leads to them blurting out or reacting in ways they shouldn’t.
They also want to make you as nervous as possible
I was at a motel once, ground floor, standing in doorway looking at the world outside my door. When a police cruiser slow drives through parking lot and around a secondary building. All the while I was watching him. When he came back round the building he saw me watching. He pulled out of sight to the side of building I was in, and just a moment later he comes waddling around the corner, hitching up his belt, and walks up to me eyeing me the entire time. I had no problem staring him right back in the eye. He proceeds to ask me "have you seen any strange cars here lately?". I laughed at him and answered "this is a motel, there are strange cars here every day". At which time he turned around and waddled off. I have no doubt that he was really fishing for a reason to give me a hard time for watching him.
"Yeah, this fat weirdo in a car just slow rolled thru recently."
@@KonsakiPerfection...
Had a cop pull me over and asks if we heard a sound...while driving down the road. Started shit until my ex wife was arrested.
Honestly he was probably chasing a vague tip or something and saw you and thought “man that guy’s really watching me. Kind of creepy” and then on the second go around he probably thought “he’s still there watching this parking lot must be a hobby for this weirdo. If the car I’m looking for came through here I’ll bet the creepy parking lot watcher saw it.”
@@tylerbrown4483 if a person standing outside their door smoking a cigarette while watching the world go by is creepy to you, I bet you go through life scared of common occurrences. Btw, this all happened in less than 7 minutes.
"Do you know why I pulled you over?" "No officer, not a clue". My best was being told "you were pretty close to the centerline" "Close? Did I cross?" "No but you were close" "But I didn't cross?" went like this about a half dozen times finally "get the heck out of here". And yes he was fishing for DUI (no I wasn't) Fun watching him get frustrated.
I've had a similar encounter. Did similar and left with no ticket. POLITE but FIRM!
"Close only counts in horseshoes officer"
If they ask if you know why tell them you invoke the 5th on that question.
Just to be clear, that coupled with a other key indicators become reasonable suspicion. The NHTSA has a list of key indicators of impairment. The coupled with any real combination of any others could legally justify an investigatory stop. The shitty part is, they're all based on the personal interpretation of the officer. Some other examples include "weaving IN your lane", inconsistent speeds, etc. www.nhtsa.gov/sites/nhtsa.gov/files/808677.pdf
I agree with you that being a jerk to a cop is asking for trouble, but that’s a problem. I should able to reasonably expect a level of professionalism from law enforcement officers such that they will ignore petty insults, but clearly we can’t expect such professionalism from them.
But it's also not encouraged to stoop to their level, it decreases critical thought and thinking and adds unnecessary hostility from your side, which will escalate a situation and give a possibly unprofessional officer another reason to get you.
The more Americans take less personal responsibility for their behaviour, the more likely they are to repeat the same patterns that police do, and that's a problem. But Of course, discourse exactly what the American government wants so I mean, y'all are doing a great job by your country's standards lol
To be fair, professionalism and respect go both ways. I'll show respect if I am shown the same courtesy.
@@josephdoe2586 I'm referring to your comment about being a jerk to a cop. I should have clarified.
Not wanting To interact with someone who is forcing an interaction isn’t being a jerk.
@@200130769 The cop pulls you over a for an infraction you didnt do, claims you broke the law and is writing you a ticket. Wheres the respect? At this moment, They unlawfully stopping you, robbing you by ticket and will get away with it unless you have SEVERAL pieces of evidence to counter the lying cop. I no longer respect cops because while i was in the hospital with doctors trying to save my arm from falling off from a violent axe attack, the cops showed up WHOM I CALLED BTW, said i was going to jail when the doctors were done and lied to my mother claiming i was in the back of their police car and she should tell them everything she knew. She wasn't even involved. Fuck the police they are not your friends and are most definitely our enemies as they currently are.
I got pulled over as a teenager and made the mistake of letting them search my car. They tossed everything onto the muddy, wet ground and were generally hostile about the whole thing. I had one other interaction where they asked to search my vehicle and I told them no.
"Worried about what I'll find?"
No, but the last officer I consented to a search from threw all my stuff in the mud and was a real ****head about the whole thing.
Thats the thing about trust. Once its gone, its really hard to ever get back.
As Mark Twain famously said: "You don't need a good memory to tell the truth. If you have to remember both the truth and the fake story you told, then you need a good memory. "
"There's so many laws out there, it's hard to know what you may be guilty of." A great encapsulation of our system. How so many people believe we are the most free country in the world, blows my mind.
Funny how the schools don't teach the laws of the land either.
Everyone breaks the law... it is written such that it is impossible to avoid breaking the law by practically breathing let alone trying to just exist for more than a few days. I have always asked the question. How is it possible to "justifiably" expect people to not break the law when it is so complex that people "require lawyers" to navigate it? There is only 1 single purpose to a system of laws that cannot be managed by it's own citizens without "professionals".... corruption.
I probably broke a law writing that... and I "definitely" broke a law somewhere on this planet writing that. Free is a relative term... The only people that are "free" are people that do not have a government at all over them. Otherwise, the government "claims ownership" of their citizens such that they claim the "authority" to be able to violently kill them if they don't obey certain things.
Yeah we stopped being a free people decades ago,ever since the “ Great Society “was launched by President Johnson.
@@lloydalvey4038 I would even say before that, back to when Woodrow Wilson was president. He signed the federal reserve act, and the 16th amendment became a thing. Income tax was never supposed to be...
@@I_Will_Cook_What_I_Want Add to that the 17th which allowed the 18th to happen. That whole turn of the 20th century bunch were ''progressives''...But the biggest blow to our freedom and the Constitution was Lincoln's ''preservation'' of the Union placing the balance of power in the hands of the Fed.
The modern police mentality is to view the citizenry ("civilians" in police parlance) as the ENEMY. This is what they are trained to do, and to believe that "everybody is guilty of something, you just have to find out what it is." Former federal prosecutor, Harvey Silverglate, wrote a book called "Three Felonies a Day" in which he made a damn good care for the laws in this country being so numerous and convoluted that every person in this country commits at least three felony-level crimes per day without even knowing it. Recommended reading.
As well as Radley Balko's book " The Rise of the Warrior Cop " excellent read - well worth the time to invest on how this all came to be.
The police included
Every crime with a jail sentence is rightfully a crime. Every crime with a payable fine is a tax on the poor.
Three Felonies a day, by Harvey Silverglate. I rewrote it to copy and search for. Thank you.
Good information. I’ve nothing new to add but am commenting to boost your algorithm standing.
About the nervousness, people get nervous around police officers, because they don’t have the best track record in dealing with the public. There have been many atrocities in the name of justice.
It is weird how you spelled EGO with a J.
I think it's less about justice, more about ego and entitlement.
If you're nervous, you're hiding criminality.
If you're not nervous, you're skilled at hiding criminality!
I mean, the public doesn't really have the best track record either. On the bright side though, when I've been pulled over in the past and was respectful towards the officer, it makes me look better than everyone giving 'smart' answers.
So, I want to thank everyone who is rude or entitled when speaking to them because it makes my life easier if or when they pull me over.
@@ferrite1707public has a better track record than cops though when it comes to dispensing violence
The reason why they said you need to invoke the 5th and not just sit silent is due to Salinas v. Texas where it was stated "a witness's silence to a question can be used against them in a criminal case."
I had a police officer ask me why I did a wheel stand coming off a light. I retorted with "because, I didn't know you were behind me" he laughed and let me go with a warning.
This is the most likable attorney I believe I've ever heard. Thanks for all the useful advice over the years, sir!
We're not all jerks. :)
@@Andrewfluscheyou just hide it well :P
But really, you and a number of other law YTers I watch all seem pretty chill.
@@Andrewfluscheconsidering the criminal element that a lot of lawyers deal with, and the amount of lies they're told I'm surprised lawyers don't thump on their clientele more often.
@5:32 The police can lie to you!
Why don’t you go ahead and cite the case law that supports that notion.
I’m going to grab a CUPP of coffee and I’ll be right back to listen to your answer!
@@josephsisson 20 seconds, SCotUS, Frazier v. Cupp (1969)...In re D.A.S., 391 A.2d 255, (D.C. App. 1978), Illinois v. Perkins, 496 U.S. 292 (1990), Arthur v. Commonwealth, 480 S.E. 2d 749 (Va. 1997) and many, many more.
"How many beers have you had?" " I don't know officer. At this point in my life it must be thousands."
Have you had anything to drink today?
Of course I have. This is Florida. If I don't drink a few quarts a day, I will die.
Cop asked me if I had been drinking, and I said "Pepsi, want one?" I was young and dumb.
Root beer? Plenty dumb a$$ 👮🏻
@@thomasarmstrong9327 Why? You answered the question. It's not your fault the cop looks for things to incriminate you.
@thomasarmstrong9327 sure. "Pepsi" lol jk
If I am asked, "Where are you coming from?" My response only works for people in my profession. "I am an attorney and cannot answer that in order to protect the identity of my client." This lets the cop know they are dealing with someone they cannot bully and usually shuts down any other questions.
You better be an attorney then.
@@stephengreen3566 Or at least play one on TV. 🙂
That's a classic.
@@skysurfer5cva Or at least you stayed at a motel 6
Sometime around the most recent turn of the century a research study (out of New Zealand?) found that after 20 hours without sleep speech was slurred, reaction time slowed, and judgement impaired, and subjects could not pass field sobriety tests. Courts there began to hold employers responsible for allowing employees to drive home thus impaired, and certainly to drive on the job. Coffee did not help and neither did will power.
Every time I’ve been pulled over, I knew I had been caught. Speeding, run a stop sign, twice, doing something I knew I did and all I hoped for was a warning.
I’ll damn sure visit with them and try my best to put their mind to ease in these cases.
Pretty much every interaction I’ve had has been positive save one time.
Officer was not happy we allowed my 12 year daughter and 5 year old niece play in a park while walked the track around the park.
Same thing about 20 other parents were doing with their children while they walked.
Seemed safe. There was even a patrol car parked in the park near the playground.
Nice safe neighborhood small town. No worries.
This copper decided he would chew on my rear end for this.
Talking at me like a tyrant issuing edicts.
Wanted my I.D. Didn’t get it, no law was broken. I did give home my name and while he was writing it down I told him, “ while you’re busy writing there, go ahead and write down your name and badge number.”
That dude’s lid turned red with a few shades of purple.
He immediately began shaking while writing and told me,” You might want to drop this right now, I can make your life miserable.”
I just calmly smiled and replied, “Yes, you can and I’ll know exactly who I am dealing with.”
That was one pissed off individual.
Many cops usually ask because if you tell them where you're going/coming from, they claim that it's an area known for drugs or other crime, or that there was a recent crime in that area. I was legally parked beside the road to use my phone & a cop stopped. He claimed & auto shop nearby had been broken into & demanded my ID & was a total jerk. I happen to kind of know the owner, so I asked him a few days later & he said the place has NEVER been broken into.
I don’t get the ID thing with cops. Unless they know the name of the person they’re looking for, showing your ID neither proves nor disproves your involvement
@@Look_What_You_Did no i didn't. I hardly ever go to that town these days. He was the newly appointed chief of police at the time. I'd probably have to complain about him TO him. & he's not one for transparency. One of the first things he did was take down the PD's Facebook page.
The next officer in charge is a cop who lost his law enforcement certification in the next county over for being drunk & shooting his gun at a woman's house he had "a thing" with, while he was in uniform. But he was still able to move here & get hired, & 12 years ago arrested me for DUI even though I passed the breath test with ALL ZEROS. So I'm staying away from that PD.
(Don't believe me?? Google "Robert Alkire Pocahontas county WV.")
@@Trashman702 it's like a drug to most of them. I've also been close to being arrested for not wanting to identify myself INSIDE my own home. I wasn't even suspected of a crime or anything; they were just there for another reason & wanted to know who I was.
I've heard several lawyers say you don't have to ID yourself in your own home or that you can't be arrested in your home - or on your own property - without an arrest warrant. But it happens where I live quite often, & the arrests always seem to be ok with the court.
(There's also case law saying cops can't execute an arrest warrant for someone at someone else's house, but that's happened here too. Just recently too. A lawyer with a YT channel made a video about it because he represented the homeowner in one of those cases. But I'm in rural southern WV; they do pretty much whatever they want here.)
@@Trashman702they run your id to see if you have any warrants they can arrest you for.
@@Trashman702 Unless it's a legitimate traffic stop 90% of the time it's an exercise in presumed authority, and their sociopathic little minds can't process being refused.
Funny how the schools don't teach the laws of the land but we need to know them like the back of our hand.
And cops are the only people who dont need to know the law.
There are a lot of things that public schools do not teach. Unnecessary things such as reading (and understanding) the US Constitution; filling out a job application (they are available in 100-sheet pads from places like Staples); balancing a checkbook (OK, that one may seem a little out-of-date); adding and subtracting without needing a calculator (who knows - you might turn out to be a math prodigy); developing the ability to recognize a sentence versus a sentence fragment (a sentence has both a noun or pronoun and a verb); and so forth. I sat beside a recent high school graduate on a flight from Houston to Phoenix, and the girl didn't know whether she was east or west of the Mississippi River (west); didn't know which states were adjacent to Arizona, where she had lived all her life (California, Nevada, Utah, Colorado, New Mexico). Granted, these are things related to maps, but it does show that education is relative. And frequently, inadequate.
@@MarkkuS They DO know the LAW though. They simply don't concern themselves with it when it hinders whatever the hell they are trying to do in that moment.
@@andyfletcher3561 they do not know the lay. they only know a very small part of the law and yes, they can and will lie to you.
if i am driving and run a stop sign, i am at fault and the have the right to ID me but not my passenger but they will tell you that the passenger has to identify. (texas)
@@roncarson-xb6oh When I say they do know the law I'm talking about these very basic things we see in video after video, especially as regards public vs private property and trespass, 1A, and 4A. And yes, they absolutely lie.
Dumb questions, smart questions; they all get the same answer.
"I do not answer questions, Officer."
"I do not consent to my person or property being searched, Officer."
"I am not comfortable continuing this interaction with you without my attorney being present to advise me, Officer."
"Am I still being detained, or am I free to go, Officer?"
Which is all fine .. just try to be polite about it. It sucks we have to coddle them .. but it's in your own best interest. "Sir, it's nothing personal, I know you're just doing your job, but my uncle is an attorney, and he told me if I ever get pulled over that I should not answer any questions and just call him instead."
When pulled over you don't have to say a single word, when they're asking you questions just silently stare at them. They can write the ticket and explain the ticket without you saying anything, you just have to sign the ticket.
@@jeffk464: Except, it's already Supreme Court precident that just remaining silent doesn't invoke your protections under the 5th Amendment. You actually have to INFORM the jack-boot rendering you your public servicing that you're invoking the protections guaranteed you under the 4th and 5th Amendments or they're going to assume that your silence is implied consent, and that assumption will hold up in court.
@@DefiantSix Exactly .. and besides that, "just staring silently" at someone while they're interacting with you and asking questions etc. is obviously abnormal behavior, aka reasonable suspicion, and is so utterly self-defeating that it's practically begging for the situation to get worse.
Just invoke the 5th and don't be a jerk about it. You're not making some stand for the Constitution on the side of the road. That's what court is for.
Staring silently at the cop is just wasting time at best, and (more likely) making your own life more miserable at worst. I really don't understand people who think this way.
THIS THIS THIS. "I prefer not to answer any questions, officer. May I go on my way?"
The problem with answering a simple question is it will likely lead to another simple question, then another and another and then you have established that you are answering questions so when you've had enough and cut it off they interpret it as suspicious and think they are getting close to what you are hiding. And the problem with saying you won't answer questions is they aren't going to just accept that and quit, they are going to deem that suspicious and ask why not if you have nothing to hide and keep asking dumb questions until they hit something that aggravates you and you respond.
Quite simple, actually.
Invoke the fifth if they start to ask simple questions right away. If they ask you why:
"This is not an consensual encounter. Unlike you, I'm not getting paid for it. So please don't waste my time and finish whatever you need to do so I can be on my way".
I like that one! @@EngineScypex
I was heading home from a work site and got pulled over because the temporary tag I had on my vehicle had fallen off my rear window. Simple enough. The officer of course asked for license and registration and repeatedly refused to give me a reason for stopping me. I provided said documents at which point the officer immediately started asking if I had been drinking. I don't drink. And I especially don't drink and drive. I have a CDL. Drinking and driving is an absolute no go, and I just don't find drinking enjoyable. He asked no less than 9 times if I had been drinking while examining my documents, then went to his vehicle to run my information. After getting nothing negative back he returned to me and returned my documents, again asking three more times if I had been drinking. He also seemed to be getting more and more upset every time I told him I had not been drinking. After about 10 minutes he finally told me why he had pulled me over which I immediately fixed by retrieving the temp tag and rehanging it in the window. This seemed to upset him more and he again asked several more times in various ways if I had even had a drink in the least since I had been born. He seemed VERY fixated on trying to bust me for DUI. All in all the stop lasted just under the statutory maximum of 15 minutes and I was asked at least 30 times in various manners if I had had anything to drink before driving.
In the end, I was able to end the stop with the simple statement "Officer, I have answered your questions, and fixed the issue for which you pulled me over. At this time I will no longer answer any more questions. You can either release me to continue on my way or you can arrest me, but I am not answering any more questions." This obviously upset him, but as he had nothing else to go on he was forced to let me leave.
The best thing to say when cops ask you questions is “I don’t answer questions”.
Cop: why don’t you answer questions
Answer: that sounds like a question, and I already told you once that I don’t answer them
@@josephhautzenroeder7512"Because my attorney told me not to answer questions."
As long as you can say it without slurring and in a calm voice.
Officer, I'm going to need to see your fishing license please.
I always ask right away if, in the officer's professional opinion I'm under legal obligation to answer. If the officer says yes, I request a supervisor and tell the officer to keep his trap shut until his boss arrives so he doesn't get him or herself into trouble.
I always blame my momma. "I would love to answer your question officer. However, my momma said I should NEVER answer questions without a attorney AND I ALWAYS LISTEN TO MY MOMMA!"
this is also really good advice 🤣
I have usually truthfully answered questions like “where are you going?” and always been polite and often gotten away with even no ticket.
One of the best was “How are you doing today?” ( he legit had me dead to rights speeding).
My response (laughing) “I was doing great but I suspect it is about to get worse”.
I got off with a warning.
I am "Good so far, we'll see how it goes in the next few minutes." If I know I did something wrong, I will let the cop bring it up, then I don't deny or confirm the accusation, just respond with "Okay," or "Good to know." Always polite with plenty of please & thank yous. I will banter a bit and flip the script asking him questions about his night and such. I almost never get a ticket, rarely get a written warning.
Bro, that's like psychology, but in reverse! He wanted to feel superior like most -EGOs- LEOs, so he proved you wrong by just giving you a warning.
*Most stupid question ever asked of me by a cop (pre comprehension of all my rights)*
In Virginia as a younger man, I worked a job where I regularly carried a gun. I was not working that day but was open carry. I stopped by a gas station that I frequented, and was friendly with the staff. When I finished pumping gas, I promptly paid then got back in my car and began traveling down the road. By the time I was about 5 blocks away, I get lit up by a cop. I of course pull over, and he walks up to my window. He stated that he stopped me because they received a call that I was wearing a gun. I said "OK". He asked if I in fact had one and I said "yes, right hip...but you didn't walk up to the car like someone had told you that I was waving it around or something, so why are you pulling me over?" His response was the same as before "well we got a call...". I reminded him that it is a state where open carry is legal. He then asked *the stupid question... "Is it loaded?"*. My response..."Are you a rookie? Because that is the dumbest question I have ever been asked! The answer to your question is YES. What were you expecting for an answer? No, if I needed to use it I planned on chucking the ammo at them one by one by hand and maybe use harsh language with them to scare them off??!! Please tell me that you didn't pull me over just to ask stupid questions." After about 2 seconds of silence, I ask "Now that you have wasted my time, am I free to go?" He said "yeah", and I pulled off leaving the"scene" before he could even turn towards his car.
"We going fishing" is my new answer to any cop dumb enough to ask where I am going.
So once I was stopped at a roadblock and asked where I was going and I told him my wife was pregnant and in labor and we were headed to the hospital. She then started to have a contraction and began to make quite a bit of noise. He literally panicked and started yelling “pregnant woman! pregnant woman! let them through!” I thought the poor guy was gonna have a baby himself. It was pretty funny as these things don’t happen in five minutes but he didn’t know that. I think he was about 20 years old so I’m just laughed and went on.
The best I ever answered, the officer asked where I was coming from…stuck my head out the window looked behind me and looked around and said “back that way” and then asked “where ya heading to ?” Looked straight ahead and pointed and said “that way” he was totally perplexed for a few seconds 😱😂
I want to figure out a non-snarky way to answer "I'm in the process of getting from where I was to where I'd rather be," but I'm also keen on something akin to "that's none of your business," in a way that's not going to tickle the pig's radar for sass.
@@thomasarmstrong9327 No matter how much you hate cops it's probably better to just invoke the 5th in this scenario tbh, you're asking for trouble really saying anything
I answered a cop one time. I said I’m going from point A to point B
"Identify yourself and give me your position..."
"Ted Stryker, sitting down and facing front...but why's that important?"
I'm coming from the past and I'm heading to the future.
Totally agree, don't be nasty to police when they haven't been unkind toward you. Even if they ARE jerks, don't give them desire to penalize you.
My Dad had to pull into a parking lot after accidentally crossing a double-yellow line. THE COP WAS IN A RAGE even though Dad stayed respectful. Next day Dad went to the station & told the desk sergeant about this. "I'm not contesting the ticket, but your officer's attitude was horrible. With attitudes like that, I see why many see the police as 'pigs.'" The sergeant thanked Dad, but when the court day came, the officer wasn't there (obviously at his sergeant's order) & the ticket was dropped. ATTITUDE MAKES A DIFFERENCE ON ALL SIDES!🙂
Well, like stated in the video, questions like "where are you coming from?" is fishing. So they try to incriminate you doing that. I would call that "being unkind".
Yes, you better be kind. But not because it would be rude otherwise, it's because cops can do whatever they want and don't get charged for it while you can get increminated easily even so you don't do anything wrong.
Right, so don't provoke them into trying to use any of their 'power resources', but give Minimal Info RESPECTFULLY 😊
@@robillingworth8503 Well, I'm not from US so I don't have that problem. I would tell the officer:
"I'm sorry officer but that's not an consensual encounter and unlike you I'm not getting paid for it. So please don't delay your work and stop wasting my time".
I hope that'd be respectful enough ☺
There’s no “if” involved. Traffic cops are aholes at best, sociopaths at worst and tax collectors with attitude
People report “suspicious” behavior all the time by phone. Do they get charged for abusing police time and resources?
"I'd prefer not to answer any questions." This is what I needed, lol. I knew not to answer, I knew not to be a jerk, but couldn't think of any other option.
I got pulled over and the cop was furious. I didn't feel like anything I could say would be helpful to me, so when he started asking/yelling his questions, I handed him my ID and insurance and put my hands up, palms out, indicating I wasn't saying anything. He could see he wasn't getting anywhere and just wrote me my tickets. I didn't invoke the 5th. I just shut my trap.
"Where are you coming from....where are you going..." I believe the correct answer is "geeze, you ask more questions than the guy in the trunk."
"Geez, you sound just like the guy in my trunk..."
😂
I came from a casual encounter that turned intense between my mother and father and was born about 9 months later .... Thru the GRACE of JESUS CHRIST I am going to HEAVEN ... WHERE IN THE HELL ARE YOU GOING?!?! HOW MANY DOZENS OF TIMES HAVE YOU LIED ON THE STAND TO CONVICT THE INOCENT ?!?!? HOW MANY FELONIES HAVE YOU COMMITTED WHILE IN UNIFORM ... HOW MANY FELONIES HAVE YOU COMMITED PERIOD ?!?!? HOW MANY ILLEAGLE DRUGS HAVE YOU TAKEN THE LAST 5 YEARS?!?!? HOW MANY TIMES HAVE YOU COMMITTED SEX ACTS IN A PATROL CAR WITH OTHER OFFICERS OF EITHER GENDER WHILE ON DUTY INCLUDING PASSIVE FALLACIO ?!?!?!!? what??? huh??? I don't answer questions ....
No. No. No. Funny, yes. Wise, no You just gave the cop probable cause to search, identify, and detain the "alleged murder (or smuggler, or abductor maybe)".
@@cliffordneil8351 Cracking jokes with an officer is a big no no. It will lighten up the tense atmosphere, but get you arrested if you start talking too much after establishing a level of trust with that deceptively friendly officer.
If a LEO asks me where I'm coming from or where I am going, I always respond the same way: "I'm sorry officer but I don't share my personal travel itinerary with strangers and I don't know you."
Cop: License and registration.
Driver: sure thing. Can you hold my beer while I get the paperwork?
7:03 Yeah, whenever the cops say someone they're questioning seems nervous I'm thinking of course they're nervous. If we're at a basketball game talking about the season I wouldn't be nervous. During a traffic stop I'm worrying I committed a crime I never heard off. Also I know I live in a constitutional carry state, but I don't know if the cop has kept track of state gun laws.
"See and Hear what you want to see and hear..."
Yes, for me when I get a new tool, a HAMMER, for example, all of the sudden EVERYTHING looks like a NAIL!
💯💯💯💯💯💯
There was some great advice I received about answering police questions. "I have a friend who is an attorney and he advised me to never answer police questions." Advice from Andrew Flusche (said all his viewers are his friends).
I would strongly recommend refusing to do the field sobriety test. It is so easy to fail it, even if you're sober. Just say that you have a bad balance.
FST results aren't admissible in court, don't do them. Don't lie, just says "no".
Don’t explain! Just politely decline
Yeah, generally a bad idea. Depending on the state though, you can be arrested just for refusing.
I know a man that got out of a DUI legally because they didn’t have a warrant to do the blood draw but the state still suspended his license and wants an ignition interlock installed. In my state if you refuse a field sobriety test your license will be suspended.
In my state your license can be suspended if you refuse field sobriety tests, but not if you comply with a blood draw, so if asked to do field sobriety tests I would simply respond, no thank you, those are too subjective, but I’d be happy to submit to a blood analysis.
Your videos are very informative (as well as entertaining!) Massad Ayoob (on the Wilson Combat channel) gives good advice on what to do if you're pulled over while legally carrying a firearm. The video's title is *"Massad Ayoob - What to do if you get pulled over while carrying - Critical Mas Episode 11".*
Love that man!
Salinas v Texas ruled that not answering a question could be used against you if you don't articulate that you are invoking your 5th amendment right to remain silent. "Justice Samuel A. Alito announced the judgment for a divided Court. Justice Alito, joined by Chief Justice Roberts and Justice Kennedy concluded that the Fifth Amendment's privilege against self-incrimination does not extend to defendants who simply decide to remain mute during questioning. Long-standing judicial precedent has held that any witness who desires protection against self-incrimination must explicitly claim that protection."
Yup
Growing up in Chicago I learned to say, with respect officer, my attorney advised me to remain silent.
Traffic stops are different from most other police interactions in that you can talk your way out of a ticket. You have to make a judgement call on whether being helpful and answering questions will get you out of more trouble than it will get you into. I have talked my way out of several tickets by being polite and cooperative. And one by being confrontational. But in the confrontational scenario the cop tailgated me and then pulled me over when I sped up to generate some separation.
Call them in next time to the State Troopers or Sherrifs, and don't be afraid to Brake-Check them; just remember to use the excuse of something ran into the Road.
Just don't speed up to try to increase separation, and stay below the speed limit.
The correct thing to do when anyone tailgates you, is slow down to create greater distance in front of you so that you won’t need to brake suddenly if anything happens in front of you.
In essence… you’re supposed to add their adequate following distance to your own following distance.
@@bobinthewest8559 when someone is tailgating you, they're following too close. They should be 3 seconds behind, so slow down until their following distance is 3 seconds. When you do that, they will soon pass you.
@@ligmasack9038 I did that one time. I was traveling to work one very early Saturday morning. I had just entered the interstate, the speed limit was 70 mph, when a sheriffs deputy passed by me. He/she was traveling in the left lane and there was no traffic on the road at 5:15 AM. My travel time to work is about 45 minutes and is 38 miles one way. The deputy was traveling approximately 85 mph so I remained in the right lane and paced him/her for about 25 minutes as he/she remained in the left lane. Just as were we coming into the metro area the speed limit drops to 65 mph, he/she continued to travel at 75 mph so I still maintained the pace to keep up with the deputy. My work location is two counties away and this deputy was from a county four counties away from the county we had just entered. For some reason, this deputy suddenly slowed down and I went by their vehicle at my current speed of 75mph. The deputy immediately pulled in behind me so close that I could barely see the headlights on their vehicle in my rear view mirror. I didn't slow down and gave out a loud count of 1, 2, 3 to myself. I then hard braked and watched the front end of the deputy's vehicle dive down from the hard deceleration and then I resumed my speed. The deputy then maintained a very safe distance from me until I exited the interstate a few miles down the road.
I did this because number one, he/she was wrong by exceeding the speed limit. What's good for the goose (the deputy) is good for the gander (me) so I paced their vehicle to make a point. Number two, the deputy got butt hurt and decided to commit another infraction by following too close to my vehicle at an unsafe distance. I did a hard braking maneuver because most LEO vehicles in my area have dash cameras and I wanted that evidence for court in case he hit me. My defense was going to be that I observed road debris and was attempting to avoid it. If the deputy claimed there was no road debris I would counter that accusation with stating that the deputy couldn't have seen what I did because they were too close to me and could not see around and, ahead of me. Number three, in my State a vehicle is required to stay in the right lane on an interstate unless overtaking a slower vehicle, then once that happens the driver is required to move back to the right lane. The deputy stayed in the left lane for over 25 miles and didn't move to the right lane until after they were butt hurt because of my disrespect of them. Also, this deputy was outside their jurisdiction and unable to make a traffic stop so I assume he/she was insulted because of their perceived disrespect of them. The deputy wasn't able to perform a traffic stop for a traffic violation because of being out of their jurisdiction and I knew that.
I don't dislike police but what I do dislike is their I'm above the law attitude. In my State, a law enforcement vehicle is allowed to travel 10 mph over the posted speed limit to respond to certain calls for service. If the call for service doesn't meet certain criteria they're required to abide by the same traffic laws that we are required to abide by. If they're responding with emergency equipment activated (lights and siren), then they can exceed the posted speed limit greater than 10 mph but must do so with discretion and with due regard. The deputy I encountered obviously wasn't responding to an emergency call four counties away from his/her jurisdiction and definitely can't use the excuse of traveling 10 mph over the posted speed limit to respond to a non emergency call.
I tell this story to encourage citizens to know their local, and State, laws. Know your Constitutional protections also. I have another good story about about another deputy operating outside his jurisdiction and performed a traffic stop on me in a very similar incident as the one I just posted. It's very entertaining and too long to post here. He received a 45 minute road side education that will benefit him for quite a while. BTW, I'm a former LEO and quite familiar with the laws these deputies, police officers, etc., attempt to enforce. I entered law enforcement, after leaving the military, because I thought it was an honorable profession. I wanted to help people and help bring justice to those that were wronged by the criminal element. I left law enforcement because of incompetent, and corrupt, LEO's that gave us all a bad name. There are some good LEO's out there and there are some that aren't so good. Most LEO's rely on your ignorance for their success.
Got pulled over for a missing headlamp. The lady cop asked me where I was coming from. I looked her into the eyes and stated, "Hither and yon, to and fro, back and forth, here and there. Take your pick." She then asked me where I was headed. I shook my head and asked her, "Are you ~really~ going to actually ask me that after my last answer?" She as least had the sense to look a bit embarrassed. Didn't get a ticket on the headlamp, just a verbal warning.
No, they're right about verbally saying you're invoking your right to remain silent. You MUST make it clear by saying out loud (ironically) that you are remaining silent and/or refusing to answer questions. I had a cop pull me over a few years ago and ask me THE question: "Do you know why I pulled you over?" I refused to take the bait and said nothing, just shrugged my shoulders. He said I was acting confused and wrote me a $150 ticket for "inattention to driving", even said he was doing me a favor since that was a non-moving violation. And it actually stuck when I went to court - despite my supposed constitutional right to remain silent, the judge agreed that my behavior could have been signs of "confusion, inattention, and/or general unawareness" and the fine remained! I had to pay it!
Ironically, at no point in the process did he ever say why he pulled me over in the first place. Ridiculous.
I prefer this:
Annoying Cop: "Where are you coming from/headed to?"
Me: "I don't want to discuss my day."
The best answer I have been told after you give your name is "I am sorry but my lawyer has advised me not to answer any questions, thank you".
I always have paperwork in hand stuck out the window for them. Of course the " do you know why I pulled you over" gets the ball rolling, " doesn't matter officer, pursuant to Florida law you initiated your lights I pulled over, reason doesn't matter, here is my paperwork."....."So, where you coming from/going to?" ..." I have the right to remain silent, anything I say can and will be used against me in a court of law. I have the right to have an attorney present during questioning....do we need to get a lawyer officer?"......the 2 that I've given this treatment to shut down quick and didn't get a ticket either time....whether from them being flustered or nice or there not being any real reason, I don't know.
A few videos have gotten the driver pulled out for that because they had "RAS" that driver was trying to hide something.
But that actually gave them what they wanted which was to hear you talking so they could evaluate your speech and coherence. Be sure to practice that a lot so you don't stutter, mispronounce, or forget the words.
Officer: "Why do i smell marijuana coming from your car?"
Me: "I'm not sure officer, brain tumor?"
I'm an uber driver and was driving to pick a guy up. Suddenly there was a cop behind me and he pulled me over for speeding. Do you know how fast you were going? he asked. A little over 40 I said. Do you know the speed limit here? he asked. I said I thought it was 40 (I hadn't driven that road before). He said he clocked me doing 45 in a 30 mph zone. I sort of lost it and said I'd given over 10,000 rides, had driven a quarter million miles while ubering and had never gotten a ticket or been in an accident. I said how careful I always tried to be (true), how I always tried to stick to whatever the speed limits were (true) and couldn't believe that I was stupid enough to have not seen the speed limit sign and was going so fast (also true). I made it obvious that I was really upset with myself and not him, he was just doing his job. He took my license and insurance back to his car and after a good wait came back with a ticket. A warning ticket. He said when he first pulled me over he fully intended on writing me a speeding ticket but that he appreciated my attitude and honesty. Sometimes talking works. You don't HAVE to talk to the police, but they don't HAVE to give you a break, either.
You are incorrect. Your statement that a person not specifically invoking and verbalizing their Fifth Amendment right doesn't hurt them is patently false and bad legal advice. See Salinas v. Texas, 570 U.S. 178 (2013), whereas, a person who desires the protection of their Fifth Amendment right must claim it at the time s/he relies on it.
I´m not from the US, but some time ago watching some auditor´s channel, they said that some judge in the US decided some time ago that you just can´t stay silent while asked questions by cops and expect to be protected by the Fifth amendment... in order to be protected, you have to clearly state to them that you´re invoquing the Fifth. Greetings from Caracas, Venezuela.
You do have to verbally refuse to be protected from further questions, but if you actually remain silent and don’t start answering later on you are still protected. It’s only an issue if you start silent then eventually answer follow up questions you have given up the right.
That case was where they were interviewing a suspect, he was all chatty, but when they asked if he committed the crime, he didn't answer and became all stressed. The prosecutor wanted to explain that to the jury. The defense said he had a right to be silent. the judge ruled, that since he started talking, the prosecutor could explain to the jury, that he was all chatty but when asked about the crime, he refused to answer.
Its probably a good ruling in all honestly. Which is why, you don't answer ANY questions, even the dumb ones.
It's based on a supreme court case a decade ago where someone was willingly talking to the police but then fell silent when asked some direct questions about the crime in question. He was then arrested afterwards and found guilty of that crime, in part based on his silence. He tried to contest that he had the right to remain silent, but the court said since he wasn't arrested at the time, and chose to talk to the police, he sudden silence did not mean he was automatically invoking the fifth amendment and so it wasn't a protected silence and could therefore be raised in trial as an indicator.
In the end, the only time silence is equivalent to the fifth is after you've been arrested or if you haven't willingly said anything yet. The safest possible option is still to not talk, but if you do talk at all, you should state you are invoking the fifth when you want to remain silent, even if it might not make a difference typically.
The First Amendment is involved also. Choosing to respond with silence is also protected by the 1A. The Supreme Court has ruled this even applies to identity when the speaker chooses to remain anonymous, and the right to refuse unwanted communications (e.g. small talk with police). See Talley v California.
@@TEverettReynolds *Everyone, including you, will become all stressed out when directly asked if you committed the crime, whether you did it or not.*
He is asking questions to smell your breath when you answer to see if he can win the jackpot with a DUI for that day. Seriously, they get bonuses and benefits for the number of tickets and DUIs they get.
"Where are you coming from", is good to get an answer like "from the bar", which then leads to questions like "how much did you drink", and on and on, you can see where this goes
The get the awards for the arrests, not convictions. So they are incentivized to make false arrests.
@@thorinpalladino2826 Don't know if its the same in the US, but at least here, it's not the rank-and-file officers that WANT to make arrests, its their commanders that push them to do so, so it looks good on the papers.
@@thorinpalladino2826 Once people realize that "the police" are nothing but a ticket, citation, or arresting machine, they will think twice about saying anything to them. Be respectful, but be quiet.
Jerk answers often come with a helping of police brutality. I remember once the cops told my uncle "We can just get a search warrant anyway, you don't want us to have to wake up the judge and make him mad do you. It's 2am"
My uncle said "Tell his wife I said good morning" and proceeded to get his ass whipped while he was in handcuffs
Old guy in town is stone deaf because at some point in the early eighties he mouthed off to a sheriff’s deputy so the deputy pistol whipped him, held his revolver with the cylinder up against his ear and fired six shots into the dirt
Times were different back before video cameras
the reason cops ask you where you came from or where you are going is to establish your familiarity with the area / intersection so that you can not proceed to feign ignorance about the signage or speed limits, etc. If you say I am coming from home and going to work, they know that you knew there was a stop sign there.
Very nice attorney, I appreciate you doing these videos Mr.Flusche!
Very important: Figure out how you are going to answer ahead of time and practice. And parents, for gosh sake talk to your kids about these issues and practice/role play with them.
that's actually really good advice. my son is in drivers ed right now.
Cop: "Where did you come from? Where did you go?"
Me, just before getting arrested: "Where did you come from Cotton-eyed Joe?"
When they ask, “where you coming from,” just say, “your momma’s house!” If they ask, “do you know why I pulled you over,” you should answer, “why, did you forget already…?”
“Do you know why I pulled you over?”
“Because I’m damn handsome and you have daddy issues”
"Do you know why I pulled you over?" No, officer, I do not read minds. Do you mind stating your reason for pulling me over?
They love that! Especially after seeing a dead body in a traffic accident
I left my crystal ball home today. @@fgreen411
Then you hear "Please step out of the car"
After covid my favorite answer was "Going to the store for cold medicine, I have a really bad cough"
So a while back, i was detained for taking photos of a public place and I was asked about this and what I ended up doing was overtelling and explaining to them how wonderful my camera gear was. And they would try to change the topic but I kept saying ,"nope, you asked me a question and now you'll get the same answer I'd give if it was a normal person and not just an officer."
since this is in the town I live in, I never get asked or anything anymore. Makes life easier when you annoy them by giving them more than they ask for.
I saw a video where the cop said "most normal people would let me do this or that" insulting the guy by saying he wasn't "normal"
The last time I was pulled over, several years ago, the cop asked the from/to questions. When he asked where I was coming from I pointed behind me and said "that way", and when he asked where I was headed I pointed in front of me and said "that way".
At a DUI checkpoint.....they asked for DL, registration and proof of insurance...and asked me, where are you coming from....I just reached into my shirt pocket, showing them my atty ID and a biz card....."I cannot answer that question"....they waived me thru forgetting about the DL etc.
I work a rotating evenings/midnights job. Last week I was getting groceries kinda late and drive past a row of nice high end auto dealerships. I decided to stop in the lot which has no signs and is very well lit, and was looking at a Mercedes GLC AMG 43, when a county deputy suddenly appeared behind me and says to me “just late night shopping?” To which I responded “yes just late night shopping, officer. I work midnights and evenings like you, so this is noon for me.” She informed me that it’s not allowed to be on the lot after closing and then asked if I had ID. Which I was happy to show her as a sign of respect (my father and all his brothers are LEO). But when she started walking away with my ID to her car I suddenly did not feel as friendly. I asked her why she was taking my ID, to which she replied “well I need to check if you currently have any arrest warrants, and also if anything were to happen or come up out of the ordinary on this lot we will know who was here and when. Sound fair?” To which I replied “no that doesn’t sound fair. I didn’t need to ID myself unless you articulate a specific suspicion or code/law I’ve violated”. To which she barked to me “just wait by your car”. When I started to get in my car she yelled “stay outside your car for me sir”.
Then she took roughly 5 solid minutes to run my license, and comes back with it and she says “look I’m not saying I think you were doing anything wrong. You just can’t be here after closing.”
The next day I called the dealership, and asked about their policy regarding this. Then I called the local Sheriff Dept office of code and deputy conduct, gave Lt. Sunder-- her full name and asked that he review the body cam footage and situation as a whole because it just seemed she was unnecessarily aggressive and perhaps there was an opportunity for coaching here. (This deputy was maybe all of 23-26 years old, and it showed). Two days later Lt. Sunder-- called me back and said he reviews the body cam footage and while nothing she specifically said was in violation of their conduct policies, he apologized to me for the incident saying that he checked with the manager of the dealership and they verified they have no signs denying access to shoppers after hours, and as such he “counseled Deptuty Y. that she is not to stop shoppers from conducting legitimate browsing business regardless of the time of night and he assured me she would not interrupt me again”. Damnnn those were sweet sweet words. It felt like she just didn’t like me being there. I felt like “do you speak for this dealership lady? Because I test drove an $84,000 car here a few days ago. I’m trying to make a decision girlie. 😂
I got pulled over in Madison,Alabama at 2:00am doing 60 in a 45...he asked where i was going ...i was in uniform with name badge ...told him i was a hospice nurse heading to my patient that was having shortness of breath in Athens...he told me to be careful and let me go...i was very grateful and so was my patient ...not all cops are bad
The pigs don't like your rights. Its likely, from my experience, for the fuzz to get bent out of shape when you excercise your rights even when you are polite. They hate the thought of you not licking their boots. I NEVER act happy to be pulled over and its unreasonable for that thinskinned blue line to expect an abundance of cheer while I am being seized.
I say, "What does that have to do with why you pulled me over?" Always best to answer a question with a question.
Why?
@@Daves_Not_Here_Man_76 Because it throws the onus of acting back on the asker... When a man at the bar asks, "Are you looking for trouble?!?" You never say, "Yes!", because then you have some. You never say, "No!" because you just surrendered. The correct response to, "Are you looking for trouble?!?", is, "Why?!? Are you aiming to give me some?!?" It throws the ball back in their court...
@@Daves_Not_Here_Man_76 why do you ask though?
A cop asked me once "what are you doing". To set the scene: I was standing in front of blackberry bushes, there was a bucket of blackberries at my feet, I was holding a bowl of blackberries, and my hands and shirt were stained from blackberry juice. It was pretty obvious what I was doing.
But, that's not what he was really asking. He asked the question to judge my reaction. Looking at him like he'd asked the stupidest question in the universe was the right reaction. If I'd been shifty and nervous it would have been a different situation.
not invoking the 5th can make them twist your silence as "well he didn't say anything so he must be guilty." I remember hearing about people getting guilty verdicts over this.
One seldom spoken about thing is that police officers have the discretion to write you a ticket or let you off with a warning. If I know I got pulled over for a legit violation, I’m going to be very polite and answer all of their questions. More than half the time I got left off with a warning, although not every time.
I can't see myself ever being in a position where, if police suspect me of a crime, I'd sit down and talk with them without a lawyer.
That can't happen when police allege drivers commit a traffic violation unless a lawyer is a passenger.
@@caseyhartman7094 In which case, I don't answer their questions. Derp.
If they're talking to you, they suspect you of a crime
@@didamnesia3575 No they don't. They are looking for a way to twist what you say into a crime.
When they ask where are you coming from, where are you going, the next question is often, where's home? This is usually a lame attempt to fine you for not having your current address on your license. They do this in Australia too.
had a officer stop me at 6am on my way to work, gave him all my papers and he asked where i was coming from. I stated i was coming from home, he then asked well where is home. apparently answering with "you have my license and can just look for yourself" was not the appropriate answer. somehow talked my way out of the ticket but he got so bent by my answer i thought he was gonna throw the book at me for everything he could dream up
Sorry I'm dumb: what should you get a ticket for?
I'm neither aware of a law for not being nice, nor of a law that we have to work for the police.
You told him where to find the intel he's looking for.
I’m an honest person, and I tend to overshare. As I’m typing this Reddit’s “Butterrss” comment comes up and explains what I was just thinking!
That’s 100% me. I have ADHD, and major anxiety. If I get pulled over, I’d be SUPER nervous, my voice would be shaky and/or I’d talk fast, which could look bad, and I’d overthink it. I’m always honest so I’d want to answer honestly, and I’ve found that when suspected of something, and being honest about how I didn’t have anything to do with it, I can see that whoever I’m talking to in this situation doesn’t believe me, even though I couldn’t be more honest. I’ll start sounding suspicious (because as I’m speaking, I’m overthinking everything I’m saying, thinking “this doesn’t sound true, I sound like a liar, they don’t believe me etc). I know, it’s weird.
If the best thing to do in this sort of situation is to not talk. How does someone like me go about that without coming off as rude, or possibly looking guilty of something? That’s something I need to learn.
This. ADHD here too.
I just read a article that it's illegal for Seattle police to lie to the citizens for information and whatnot. It's the "first in the nation" new law. So hopefully over time this law will be spread out across the US where cop's can't lie to citizens or suspects or to fish for information.
The issue about the 5th is - IF you started by answering questions THEN you must invoke the 5th to stop answering. Just going silent AFTER answering questions can be interpreted as guilt. If you NEVER answer from the start then it can't be used against you. It's the change in behavior they can testify about.
Pretty sure silence is never admissable as guilt but if you can find a judge who lets you point out silence then I know there are definitely lots of slimy gross attorneys who have made themselves off of that so you should go for it
Yes! Finally someone that looked up the actual case law 💯
No. A thousand times , no. You can selectively answer questions.
What case law? Here, let us help you. Salinas v. Texas. It was a bad case, and is NOT successfully used as a precedent. Now, show us what you got.@@MurraysMethods
> If you NEVER answer from the start then it can't be used against you.
Not correct. Pretty sure a court has ruled that just staying silent without positively invoking your right to 'remain silent' means you haven't actually invoked it yet.
I was once pulled over for a broken tail light. After handing my license to the cop he looked at my head shot picture and said "you look taller in this picture." To which my passenger said "that's because he was wearing platform shoes ." 🤣
When I see videos of police stop, one of the biggest mistakes I see made is when the person answers a multitude of innocuous questions and then when the officer says something like have you had anything to drink tonight, the person says I don't want to answer any more questions. This leaves the officer and potentially a jury the impression that you did have something to drink, and that's why you stopped answering questions. If on the other hand, you had refused to answer any question from the get-go, then no search inference could have been made. Most people's got reaction is to try to be friendly to the police and keep them from writing you a big ticket, but there are times when any conversation might be getting you into bigger trouble.
Imagine if you will, that we lived in a FREE country and not the POLICE STATE we currently live in.
Was Merica free before the internet? Or after?😅
I am terminally ill, and have a medical device that often fails me and causes Emergency Room visits. Last time, I spent hours in the ER, I missed meals and medications, I was released a little after 2Am. I decided to go to a fast food restaurant, when I turned down the street, red and blue lights were in my rear view window so I pulled over. The officer asked me where I was coming from and I told the officer. They asked why I was at the ER and I told the officer. The officer stated that it didn't sound so bad. I was so exhausted and hungry and felt like I was judged, I burst into tears. The officer kept demanding that I look at them, but I refused. The officer went back to the police car and after a few moments returned and told me to go home.
My question is "do law officers have the right to call an ER and ask about your visit and the cause of your visit.
No.
I got pulled over in Texas, while driving home from a trip. I drive on all my trips, cause I like to drive, and my trips usually involve shooting competitions.
The TX Ranger [a legit TX Ranger] comes up to my car and starts in on the questions.
He pulled me over cause I was in the Panhandle with Illinois plates.
"Do you know why I pulled you over?" "nope"
"Can I have your license and registration?" "sure"
"Where are you headed?" "home"
"In Illinois?" "Nope, this is a rental, I am headed home to IA"
"Where are you coming from?" "Arizona"
"What where you doing there?" "Vacation"
"Do you have any drugs or guns in the vehicle?" "buddy, I was at a shooting competition, this car is packed full of guns"
at which point his eyes got the size of dinner plates and I started laughing so hard
he hands me back my license and registration, and says, "be on your way and drive safe"
before he walks away, I ask, "hey, I desperately need a nap, where can I cop some zz's and not get harassed?" which was his turn to laugh cause this was a tiny little town in TX
"right up the street, behind the grain elevator. you know what that is?" "yep" and I caught a 2 hour nap in a rental car full of assault rifles and pistols :D
You are fortunate to own full auto weapons.
If you don't, you do not have "assault " weapons.
The last checkpoint I drove through (RIDE check) started the fake small talk and I just said "Let's skip the chat and I'll gently blow toward you and you can see if you smell anything". He laughed and let me go.
Really stupid move, He can say "I smell the odor of alcohol"
@@leef_me8112 They all have breathalyzer machines here. If he'd pretended to smell alcohol it would have been another minute at most and he'd be proven a liar. I don't live in USA land of the corrupt pig. We're actually free here not just propaganda "free".
If the officer claims to have "smelled alcohol" then he has an uphill battle ahead. Alcohol has no smell, it's the flavors/ingredients that have a smell. The seasoned cop will use the term "alcoholic beverage".
I always say “ none your business”. Do you have drugs in the car? Answer = only if you put them in my car.
good way to antagonize someone
@@blueninety good way to let them know you not for the BS and games they play
One must assume that since they are allowed to LIE, (which they interpret to also being allowed to also lie while under oath), then they are also 'trained' in the fine art of planting, and/or fabricating 'evidence'.
@@blueninetythey have to prove your guilty, not the other way around. So idc if it's antagonistic
@@mctripleA no matter who you're dealing with, disrespect should only be the answer to disrespect.
You like being respected and so do they, if you're going out of your way to be rude to people, police or not, then I'm sorry to say but that's a very immature and sad thing to do.
Plus, it's a nice way to give the cops a reason to be more of an ass pain than they already are.
My favorite back when i was a bad kid. Was during questioning after being told "we were told this by X person" i would respond with "thats not correct", they would follow that up with the question "well then what is correct" i would always answer that with "your a detective its your job to figure it out and not my job."
“Do you know why I pulled you over?”
“Well gee… I’m gonna have to guess that it has something to do with the fact that you’re wearing that nifty uniform.”
"Because you got C's in highschool?"
Sarah Silverman
The police are allowed to lie. What if you ask; "Am I being detained?" or "Am I under arrest?" If the police say "yes", how do I know they are not lying?
the standard for when an investigatory detention has occurred is whether a reasonable person would believe they are not free to go, so cops can't lie to you about whether you're being detained because answering "yes" is a speech act that makes you detained
whether than detention is legal or instead a violation of your civil rights is a different question
being under arrest is a bit trickier -- there have been cases where cops have told someone they are under arrest but the person was never placed in handcuffs and ultimately allowed to leave and the court held they were never arrested
@@coreyyanofsky It would seem that way. Keep in mind there are thousands of "people interacting with police" videos on you tube. I don't think you will find even one video where someone asks the police; "Am I being detained?" or "Am I under arrest?" and the police actually say "no".
They are lying and could care lest about courts. Remember there is qualified immunity and regardless of what the police do, they cannot be sued.
@@senseofstile here's one: ua-cam.com/video/RhWDpTS9TlY/v-deo.htmlsi=qocsNokDeTdY8kJ5&t=357
the cop did detain these auditors for a couple of minutes but quickly realized that there was nothing to be gained by continuing to try to engage
i think you and i would agree that qualified immunity is overly broad but it is not the case that the the police cannot be sued _regardless of what they do_ ; what makes qualified immunity "qualified" is that it doesn't apply when there is established case law putting officers on notice that a certain action is a civil rights violation
an easy example is that it's excessive force to punch someone after they've been put in handcuffs
"With all due respect, officer, my uncle is retired law enforcement and taught me 3 things. 1) Don't be a rat. 2) Respect the police. 3) Don't ever speak to the police."
This happened 20-30 years ago, I was passing through the one area (there are actually many) that they don't need probable cause. A "border" checkpoint 90 miles inland, within the 100 mile "Constitution Free Zone". CBP asked me "Where are you from?" I said my home city, that I was driving to. He EXPLODED. Yelled "NO! I said where are you COMING FROM! Get out of the MF'ing car!" They then drug sniff my car, and "got a hit", and proceeded to tear my car apart. Took out everything, floor mats, spare tire, dumped my tools in the road, and took apart my custom built subs. They found nothing. Proceeded to yell some more about where the drugs were, or where were the immigrants hiding. The only thing I told them were "I don't drink, I don't smoke, I don't use drugs, and I'm the only one in the car." After some more swearing and yelling, the finally told me the "GTFOH". The car was a Geo Metro. No idea where they think I was hiding immigrants. Had to put my spare tire back in, pick up all my tools off the road and re-stow them in the toolbox, etc. Had to leave the subs in pieces, until I got home, to reassemble them.
Did you feel like you were living in the 3rd Reich when that happened?
In my geo metro I hid illegally immigrants in the tailpipe.
The only geo metro with subs
My biggest fear is an officer planting drugs in my car. Not sure why, but it is. I guess as long as I don't talk and don't get out of my vehicle, they can't plant anything on me haha. Thanks for these videos Andrew!
Several decades ago, cops in Mississippi called my mom's car, the Mississippi blue flash. Not because she drove fast, but because she was pulled over for speeding when she was trying to get to the mechanic because her Lincoln stalled out when it hit 40 mph. She brought the mechanic to traffic court and won.