what about self incrimination and that you feel obligated or you will be arrested for no reason and cops don’t care since they have qualified immunity.
not that I'd ever drive drunk, with that said, let's use the example you gave where you get home and police come, would not answering the door until they get a search warrant help? give some more time for absorption likely reducing BAC?
Anytime charges are dropped or you are found not guilty ALL arrest records should be expunged. The fact you can be arrested and let the courts sort it out yet that arrest record can screw your life needs to change.
@@notreallyme7465 - It costs you a lot of money as well. The arrests should be removed AUTOMATICALLY for the conditions I listed above. No more of this "you might beat the charges but not the ride" BS.
@@SwordFighterPKN I agree with you. Maybe if we did hold the officers $$$ rather than taxpayer money it would end. Prosecutors and judges back rights violations. In Kitsap County you have no rights. Unless they beat you, shoot you, handcuff you or throw you to the ground. The judge just said OK. FACT.
It's better keep your pie hole shut. Get booked in jail bail out if you can't afford it. 72 hr of your life then you'll be released. But expect a year or more of harrsment before it's dropped.
@@brianjacobsen5762 I don't know. I've been let off by a lot of cool cops. Once even admitted I had 2 beers with dinner. He let me drive 1 block home & told me to stay put for 2 hours. In that 1 case only, & there are many others, had I refused to speak, I'd have been behind bars, forced to hire an attorney, etc. Helps that I'm a nice, white guy, though.
@@phlushphish793 Same here I've gotten breaks form a few cops for DnDs and other traffic offenses does help being white. Not getting pulled over in a dented up wreck of a crack car helps too. If you play that game remember the house always wins. Hard headed me took me 3 trips to state vacation from my Al K Hol Izm to quit screwing around with that stuff. That was 2010. I took the power away from Johnny. My only worrie getting a speeding ticket on my Big liter sport bike.i grampa that thing around till I'm wayyy out of town. Being polite the key to most of those guys. Get a rouge cop once in awhile it's something you have to deal with. Be safe brother.
@@brianjacobsen5762 Yeh, that's why I'm blown away by folks (mostly black) resisting arrest. They act like they won't have their day in court, like the cuffs going on is the final verdict. End up getting beaten, tased; and if not killed, THEN behind bars with additional charges. My advice: keep $ in the bank for an atty. if necessary.
How can the cops be so well trained as to get all this information from you using subtle techniques, but they don’t seem to know the first thing about the law, the Constitution and it’s amendments?
They do know the law and the Constitution, they simple choose to ignore them. It is a classic case of the "means justifying the end". As long as they get a conviction, any tactic is justifiable. The other part is that they and the prosecutors view this as a game. Getting a conviction is like hitting a 3 point shot in basketball. They don't care if it is legal or moral or just, they simply want the points and the high score. That is why so many innocent people go to prison. Cops and DA only want to score a win, they don't care if you actually did it.
The law doesn’t matter when everyone is a criminal. And that’s the mindset of some of these cops. That and, by being “The Law” means that they get to decide what is what, and don’t you dare disrespect them( even if it is in their own mind) cause they are better then you.
I'm 51 and from I've seen from most people I've ever met in my life. I find it absolutely mind blowing WE CAN PUT HUMANS IN JAIL OVER JUST WHAT SOME OTHER PERSON SAID!! ABSOLUELY INSANE!!
It is the totality of facts. The worst are the eyewitness identification of strangers. Courts have given too great a weight to those identification for years.
@@exhaustguy But courts cops influence witness too. They do some dirty shit. One time cops rolled me up and took me down to the main Seattle jail. We're running me through a line up for robbery. I'm short 5'6 1/2 these two detective's tell me we're going to different part of the jail your going to pick out guys same night weight hair color as yours for this line up. I'd pick a guy they say no pick someone else. While we were doing that they put a cop in some jail overalls there's 6 of us in this side room I have few tats I was the shortest guy in the line the only one with tats. Last guy to come in 5 in line. First thing he's says to me. Did you do it. I said I don't know what your talking about.were there about hour. I'm getting nervous.thus side door opens this little blond PD cones in starts yelling at the cops. WTF is this. Complained how ovious this shit looked. They had an excuse for the size difference she said he's the only with a tat. They said we can put a bandaid over that. I'm thinking why don't you have me hold a red flag. We at a standoff finally I said fuck it lets gets this over with. Made the cops happy. Attorney said don't smile when go up there. I already knew that.witness She picked me out. But said I'm not sure. Man were the cops mad. I don't care if they catch you standing next to a dead body with a smoking gun in your hand. You don't tell em shit.
Here's one for you. I was in a no fault accident where the other driver ran a stop sign the city placed behind a tree. So sued the city for damages. Before the case was settled I suddenly had the city police following me every where I went. Caught on in my backyard looking through my kitchen window. So one night I'm driving home after college courses and I got pulled over for " driving without headlights". Right off the bat I was cuffed and stuffed in the car, not told what I was charged with nor read my rights. At booking I was given the field test and not a breath test. I told the cop I had a walking impairment from military service, which causes me to limp and sometimes leg gives out. I was then put in a cell and told what bond was. I posted bond, got a lawyer and was shown the police report. I was charged with refusal to blow and for blowing 0.18. I pointed out the conflicting charges and was simply told " That does not matter, GUILTY!!" Then the case got settled and I was awarded $7,700. But guess what? All the fees and fines came to $176 more than my settlement. Will I trust a cop again? NEVER!. If I see a cop needing help will I help? NEVER! Also I had a permit to carry concealed and had my gun in the car. Cop took the gun and never mentioned finding or taking a gun from the car " You're not getting this back" was what he said.
Best bet: get a card from an attorney that says "I have instructed my client not to answer any questions from law enforcement" etc. It frees you up to not even have to say that you will not speak with them.
yeah, that's a lot better than babbling on about the Constitution or insisting that you know your rights. It's best to say (your way or another) that you are acting under advisement of an attorney. What's he going to say, that he knows the law better than an attorney?
I actually sat on a jury one time where a guy was accused of a dui when a neighbor called the cops for him arguing loudly with his gf. The gf was angry that he’d been at a football party with his friends and came home drunk. He was arrested for a felony DUI. However, the guy claimed to have been driven home by a friend. The gf corroborated his story as a trial witness. The police’s only evidence was that “his hood felt warm and the car door wasn’t shut tightly.” The police “lost” the written testimony of the friend who drove him home. That’s it. LOTS of reasonable doubt, right? Initially, the jury was leaning towards the defendant, however a couple of strong personalities who had issues with alcoholism in their family persuaded/bullied the rest of the jury that the guy was likely guilty. I kept reminding them that the standard was “reasonable doubt” and that there was an EXTREME amount of reasonable doubt. I also kept reminding them that we needed to focus on THIS CASE, not someone else’s personal experience with alcoholism. For 3 days, 11 people screamed, bullied, and pushed me around. The trial ended on a hung jury…with me as the sole hold out. I hope that young dude did something good with his life because he was one stubborn person, who sees the law as black and white, away from a prison sentence!!! It was crazy!
I told this to my bf as I saw a cop walking up to our house and he's like "I don't have anything to hide! I'll answer the fucking door if I want to." as I'm begging him not to. Cops twist things. They use shit against you if they can. You don't have to answer the door. You don't have to say shit. He seems to think that if he's innocent, nothing will happen. -.-
@@Crowski most people do think this. And in a perfect world it should be okay. Heck I will go as far as to say there are many cops who will do it right. But then again, many who will manipulate the situation as you said. So why take chances?
Just don't answer any questions at all. Don't agree to any field sobriety testing. Only agree to blood test, or better yet, require a warrant for the blood test.
Station breathalyzer is required in almost any state by law. It's only the roadside that's mostly optional. And no the blood test doesn't overwrite it. But definitely don't answer questions without a lawyer present.
@@richardbutkis He's done a video on Implied Consent and why you will be charged with Refusal on top of other charges if you refuse the test at the station. Some states even require by law the roadside test under implied consent. Alabama for example is a automatic traffic ticket if you don't. Alaska it is a Class B misdemeanor (up to 90 days in jail). Laws vary state by state and you should be aware of them if you chose to engage in activities out of state. You can harp on about the 4th and 5th amendments while you sit in holding not understanding what implied consent is.
Cop sees a guy on a motorcycle and clocks him at 87mph in a 55. He is able to see the license plate at the next stop but the bike loses him in heavy traffic. The only thing the cop doesn't know for sure is if that was him on the bike. He waits about 3 days and goes to the address where the bike is registered. He sees a green Chevy pickup and the motorcycle in the driveway. When he goes to the door he asks if that is his green pickup. The guy says yes. He then asks where they guy works and what time he goes to work. The guy tells him, then asks why he was asking. The cop says we had reported reckless driving on Monday of a vehicle matching the description of yours. They guy says it couldn't have been me. I rode my motorcycle on Monday. The cop hands the guy a pre-written ticket for reckless driving on his motorcycle.
I would simply say that I don't discuss things I may or may not own; nor do I discuss my life and experiences with strangers. And then close the door. (Or more appropriately, never open it for the discussion to begin with.)
In that case, I'd refuse to answer questions & say come back with a warrant. Pulled over at the side of the road, you DO have a slim chance of talking your way out of stuff. I've done it many times.
Talking to the police is like making a wish with an evil genie. The genie will grant your wish in a way that makes you wish you had never made a wish. This means that the cops WILL twist your words.
Problem with that is I have seen many videos where the cops don’t like that. Like REALLY don’t like that. Not just frustrated that they can’t do their job, but like vengeful. At best, trumping up the charges, at worst, outright lying or faking evidence.
If a cop detains you you're typically required to ID yourself, but they cannot force you to answer questions. The more questions you answer, the more chances you give yourself to self incriminate.
Police CAN do anything they want - they have guns & badges. Whether their actions are upheld in the courts, is another story. Despite being a lawyer, you seem like a pretty cool dude. Thanks for all you helpful videos!
Yes. We have all seen( and if not, check them out) videos on YT of police overstepping the mark. The list of BS things they do to arrest someone is amazing. Don’t think there aren’t good cops out there though, there are lots of videos of them too, but it’s the bad cops that ruin it for everyone. Those who abuse their power, are on power trips to feel big, or those who just don’t understand the law and think it is there to give them the right to act like gestapo. I guess it is mainly just down to attitude. They think they are better then civilians, entitled to being treated like that, or that every person they meet is a criminal. Not just suspecting that someone may be a criminal and trying to find out if and how, but down right convinced that everyone are in fact nothing but.
The problem with that line of thinking for police officers is that acting on the ability to do as you say "anything the want" is that not every citizen is a sheep. Some of them are wolves or coyotes (usually coyotes) and every once in a while the cop runs up against a sheepdog. That last category is the one that prevents the cop from becoming a wolf. The very real fear that the sheepdog is waiting to defend the flock. Last thing a cop even an I have the power type coward wants is to meet the sheepdog in his own doghouse. Those situations generally end with a dead or injured cop and an arrest of the sheepdog with the case being tossed for self defense. The cop k ows that if he escalates then he will end up paying the piper.
A recent supreme court ruling will cause some heart burn with this type of case - the supreme court ruled that if there is a charge against you and for some reason the charges are dropped or the prosecutor loses his case you have a direct path to federal court with a title 42 section 1983 case. You no longer have the burden to show that a judge dismissed your case - only that the case was dismissed or prosecution stopped... so this type of high risk case will not even be arrested or attempted to be prosecuted as soon as a few cops get sued for malicious prosecution...
If I opened my front door and it was the cops asking what I've been up to, I'd close and lock the door. I am under no obligation to engage in conversation with them.
I was at a pretty low point in my early 20's and drinking heavily. Cops arrested me for DWI while I was sitting on my porch. To be fair, I probably was offending. But when they showed up at my house I was sitting on the porch drinking 100 proof vodka straight out of the bottle. They'd gotten a call about me. I told them I just got home and started drinking minutes earlier. They said my hood was still warm so I must have been drinking and driving. When his honor asked what I had to say in my defense, I says, I says, "Your honor... Come on!" He thought for a moment and looked sternly at me and said, "Mr. Cooper, there clearly isn't enough evidence to convict you. But do not let me see you in here again." Case dismissed. Anyways, they caught me dead to rights two weeks later. And I'm glad they did, and I was punished accordingly. Prison is not fun. Drinking and driving is dangerous, and not just for you, but everybody else. Don't do it.
Yep. Same thing here only much more minorly. Got a traffic ticket. Went to court to pay it. Because I was wearing a KISS shirt, the clerk assumed I was there to fight the ticket. No, I'm here to pay! I told her, "I owe that cop a debt of gratitude! I was driving like a terrorist!" Because of that one ticket, I drive much safer now, & NEVER intoxicated! When I see people driving recklessly, I know it's because they've never been in an accident.
Being a teetotaler is a great way to avoid committing DUIs. It apparently _really annoys_ some cops when they pull you over and you tell them you haven't been drinking and that you don't drink at all. They do things like deliberately misread your proof of insurance to claim the issue date is the expiration date.
I am a teetotaler, but my go to joke is, _“I'd be a teetotaller but I hate tea!”_ According to a friend who practises linguistics, the joke isn't very funny but is actually somewhat close to the root meaning and intention before spelling became standardised.
@@GeorgeVCohea-dw7ou Your friend is wrong: the joke is hillarious! :D Especially if the etymology really is related to drinking tea instead of alcohol.
That's messed up! I was befuddled about this myself. This is outrageous. That means anyone with a grudge against you, can falsely accuse/report you for any imaginary crime they desire. And there's no recourse. Mind blown💥 Funny, how if you call LE about some other type of crime, they say that they, "can't do anything unless they saw it happen." Been there before. I guess now, it's truly guilty until proven guilty. Well, unless you've murdered somebody, then you'll be let go. I had an attorney tell me that if you commit a low level misdemeanor, you'd actually be better off legally, if you committed armed robbery. And that's a quote. Thanks for clarifying; lots of us needed to hear this. I don't drink, so I thought this couldn't effect me, but in light of what you just explained, any one of us is vulnerable to this kind of charge.
That's a thing called swatting. Video gamer upsets you? Call the cops & report a kidnapping at their address. One guy got shot & killed by police for answering his door! Yes, the punishment is severe for that; but, proving it is long & difficult & a large part of your life is ruined!
My brother inlaw was drunk and ran over a neighbor's mail box they called the law and he got arrested. His lawyer got him off since no one actually physically seen him driving his car.
I am surprised that you didn't recommend not opening the door to them. They can't break your door down without a warrant, can they? If you don't open the door, that seems like a safe way to deal with them. You are right about not talking to them. Through the door "Officer, unless you have a warrant, please leave."
You don't even have to talk to them. People knock on my door from time to time. Often I just ignore it. No law says I need to do anything when someone knocks.
Real moral of the story here is: Don't answer the door in the first place. The longer they stay outside endlessly knocking on your door, the more their case against you dwindles away.
Have courts recognized a distinction between having probable cause to believe that you committed a crime, and having a particular articulable reason to believe in good faith that you could likely be proven beyond a reasonable doubt to have committed the crime? Cops should have no difficulty meeting the second requirement in most cases where an arrest would be appropriate, but a cop with no particular expectation of being able to produce evidence necessary to show guilt beyond a reasonable doubt shouldn't be making an arrest.
You juts gotta love the vague terms the lawyers and judges have come up with.... "reasonable articulable suspicion", "probable cause', and "reasonable doubt" are just the tip of the iceberg with the BS.
@@jlambe19 If issues of "reasonableness" are properly recognized as matters of fact, then the term is simple to define if one presume that jurors are "reasonable" [without such a presumption, the whole system collapses]. If a juror could imagine that they would be particularly suspicious of something if they saw and heard the things a cop did, they should view the cop's suspicion would be "reasonable". If they cannot imagine regarding such a thing as particularly suspicious, then it would not be reasonable.
@@flatfingertuning727 man walks into a convenience store with a handgun, detainment reasonable for questioning? Next: masked man with firearm walks into store. Next: group of people wearing ski mask with shotguns enter a convenience store In all cases none of that should be reasonable for detainment and questioning, all perfectly legal and protected exercise by the US Constitution and easily explained ordinary action (though the burden is not on the accused). However some Karen is going to be freaking out that a group of hunters came into a convenience store during the winter...
@@flatfingertuning727 reasonable has to extremely different interpretations to different groups. it is a vague, catch all phrase that is used to get a desired result, and not necessarily the truth.
Heard one time here how a lady saw a guy totally drunk at a bar, then a short time later saw him driving. Called the cops, and the driver arrested for DUI. The only problem, the driver wasn't at the bar, his twin brother was.
My state just recently passed the law, that law-enforcement can no longer cite you or charge you for misdemeanors that they did not personally witness. The cops do not like it, but it’s a good law
This is crazy. What is wrong with the court systems in America? This fails the reasonable person test. No reasonable person would conclude beyond a reasonable doubt that the suspect was driving drunk because 5 hours latter he was drunk at home. It's ridiculous.
I was arrested for a DUI in my own driveway (was working on my brakes) blew a .04 (half the legal limit) but still lost my license for 2 years because the DMV only goes by arresting charges not conviction.
So if you only need to test positive in some states. What is to stop corruption like someone getting paid by the cops to call in seeing some drunk drivers going to a bar or someone who they know is a drunk at home. They talk to the person in a bar similar to what you said in the video. Get them to blow, and arrest them. Like it seems like a corrupt person's loophole.
Yeah, that part is absolutely crazy. The best thing you could do in that case is just not open the door for the police in the first place, because they likely don't have a warrant at that point, nor could they get one just based on a call as long as you don't give them any additional information.
There are so many channels out there of cops doing searches that violate the 4th Amendment and tricking people when they could have pleaded the 4th, but so many of those channels show people doing things that really do make things worse for themselves. This channel really is the best for knowing what to do. Hand the officer your license, registration, and insurance, and don't say a single word so they can't even claim "they smelled your breath", and video record everything.
It’s funny that in court a cop on the stand can say that you said “x” to him and it is allowed but if you or I say that someone said “x” to me then it is hearsay and not allowed. Seems like a double standard to me, but that is how it really happens.
If YOU are testifying to what a person told YOU directly (or YOU overheard, you eavesdropper, you), then it's not hearsay. It's the "Bob told me Sally said ________" that's hearsay.
PA: if you made a driving mistake on Monday, and your least favorite neighbor calls the cops out of some sort of grudge, cops roll up to your house on Friday ….. arrest you for DUI
I knew a guy in Canada, who was charged with being in control of a vehicle, because it was parked in his driveway, he had the keys, "sleeping it off" ( 1,3)... Having the keys made him "in control of a vehicle" what a screwed up look at the law!
Your absolutely right and hit it spot on! The people always feel obligated to answer the police questions never ever open the door for them when they come to your house and definitely don't answer their questions it is your right! So do not open the door for them unless you called them for an emergency!
I’ve seen the pre-crime version of this one. Dude is drinking in his apartment, decides he we will walk down to the street and get his cigarettes out of the saddlebag on his motorcycle. It’s 40 degrees out, he’s in shorts and house slippers with no jacket, no helmet, no wallet, AND NO KEYS. The engine and exhaust pipes are completely cool. Never mounts the bike. Cop rolls up on him, tries to question him into an admission. When that doesn’t work… well the bike is still under your immediate control and you appear to be drunk, so you’re under arrest for DUI. The cops might have had other reasons to want bad things to happen to that guy though, depending what all shows up on their little computer.
"Anything you say can be used against you in a court of law." That is what they tell you. What they *DON'T* tell you is nothing you say can help you in court. When the cops say, "If you don't talk, I can't help you." This is not exactly a lie. It's a true statement, but it is a deception. If you don't talk, the police can't help you. But they also can't help you even if you do talk. It is one of those things called a "true lie"
In your Miranda rights, "Anything you say can be used in court against you". What that really means is "Anything you say WILL be used in court ONLY against you, never for you, in court".
Gotta say this was a good learning experience. Gotta ask could you please make a video about what kind of legal remedies one could use to obtain compensation or justice from an illegal/false arrest (mainly the type of pissed off police kind under the guise of either: obstruction, trespassing and the always questionable failure to obey a lawful order). Such examples of these frequently come out the channels: Direct D, Good citizen news ,or Long Island Audit. Lastly, if a police department does not find fault with their officer's actions (policy violation's or criminal) who else could you make the complaint to that actually could look into it objectively and take real action?
What if someone is so drunk at home that they misunderstood the question and admit to DUI when they didn't? Isn't there some sort of protection for people not in a clear state? Seeing as cops can get you to admit to serious crimes you didnt commit while sober, I would think it would be super easy to do it to a drunk person pulled out of their home.
Not mentioned in the video but the cops absolutely CAN NOT enter your house and arrest you unless they have a warrant or you decide that you would like to open the door and get arrested. There is some small leeway if they are in "hot pursuit" of a felony suspect, but that would be more like them following you as you ran from your car into the house and you slamming the door on them. Some cops might try to extend the concept of "hot pursuit" but that would increase the burden on them significantly in court. Once you are in the house, sitting on the couch and later hear a knock on the door, the only way a cop can compel you to open it is with a warrant signed by a judge. Open that door without seeing a warrant though and you've just volunteered for trouble time.
I have a DUI maybe 10 15 18 years ago my mistake was talking to the cops I should have plead the fed and asked for a lawyer and if they keep asking you questions that that they're violating the 14th amendment due process always plead the fifth and ask for a lawyer any questions after that until your lawyer gets there they're violating the 14th amendment due process 🤔🤔🤔🤔
Pleading the fifth is even more important now than it used to be. There was a Supreme Court ruling a few years ago that if you don't specifically invoke the fifth amendment and just stay silent your silence can be used against you in court as evidence that you are guilty. You have to say something like, "I invoke my right to remain silent silent under the fifth amendment to the US Constitution." Then you can shut up and wait for your lawyer.
Yes I heard that that's the way I say I plead the fifth amendment of the United States Constitution and I want a lawyer present like I say in my Miranda Rights and the next question the blue line gang member asked me he's violating the 14th amendment due process 🤔🤔🤔🤔🤔🤔
@@batman2099 I actually have a written statement in my wallet that sounds a lot like the Miranda warning. Essentially I Mirandize myself. It contains language where I take the fifth and inform the cop that I want a lawyer present before questioning and that I will remain silent until then.
I was at a bar drinking and play pool. When I was done I called for a ride home. We got pulled over not even 2 blocks away from the bar. I was in the passenger seat. The cop demanded I take a breathalyzer test and a sobriety test as well. I looked him dead in his eyes and said "I'm the passenger not the driver. I'm not taking anything". He had already checked my ID which stated I was over the age of 21. He had zero right to demand I take either of those test. He got pissed and started threatening to arrest me. My ride and I told him if he does that, he and the department would get sued. I even told him I would make sure he wasn't a cop afterwards. He then made the mistake and called for backup. When backup got there it happened to be the chief who was a 50 something year old man that knew and repeated people's rights. He wasn't happy one bit with that wannabe officer. He looked at us and told us we where free to go and ripped into the younger cop over trying to violate my rights. If a passenger is over the age of 21 cops cannot demand they take a breathalyzer test nor a sobriety test unless that person is on probation or parole and is suspected with reasonable doubt to be under the influence of alcohol. I wasn't having any of that from that wannabe cop.
Now one I don’t like is actual physical control. Watched a camper next to me hauled in for changing the radio station in his truck while drunk as a skunk. He wasn’t going anywhere and he hadn’t been driving. All it took was the keys in his ignition and him sitting in the drivers seat.
I’m sure there are plenty of examples. In Oklahoma City, a lady that was employed at a firm my wife managed was picked up for actual physical control for having her car keys in her hands while stumbling towards her car. They got her and it stuck.
@@hughobrien4139 I remember my mom telling me they got someone in Whitley City KY for owi. They were pushing a shopping cart. It had wheels and they were operating it
@@hughobrien4139 Did you see the episode of 'Everyone Loves Raymond' when the wife got a DUI for napping in her car, with her hands folded under her head on the open window, while inebriated? Yes, it's just a show; but, during the trial, the nosy mom interrupts & says, "I can't hear!" The napping mom then says, "See what I put up with? I should be drunk every day!" The judge says, "I agree that you had... uh, intent to nap!"
I accidentally opened door to the cops while camping. A atv matching the description of mine was reported to hit and run a vehicle. Cop pointed out a dent in bumper and I actually had pic from 4 months earlier showing that dent. Cop finally said well we have video. I said well excellent let's go watch!! I knew instantly he was lying when he just kept talking, and fishing for a confession. I denied everything ended conversation. Remember they are literally professionally trained liars.
my husband got his dui case dismissed because they could not prove he was driving. He also had a concussion from being hit in the face. they did however still charge him over 500 dollars to get his license back because at the hospital he refused to do a blood draw. he does not remember that because of the concussion. so in the end the state still won.
I live in KCMO currently. Here you can go to jail for being drunk in public if you're having a beer in your living room and your neighbor can see you drinking it. Ain't that neat?
I generally don't answer the door because I never expect visitors, but some people are just too polite and will answer to see what's up. Of course if you're actually guilty (obviously don't BE guilty in the first place, but I digress), DON'T ANSWER THE DOOR. Even if they can clearly see you through the window and make it clear they know you are home, you have NO obligation to answer the door for ANYONE unless they have a warrant. Even if a judge were to grill you on why you wouldn't answer the door, you could just claim social anxiety or something and having a general policy of not answering the door if you're not expecting a visitor.
This happened to my boss. Someone called the cops on him and said they saw him drinking and driving and he got arrested "his 8th dwi" and got convicted and thoroughly smoked
A friend of mine learned this one the hard way. They knew who’s car it was driving down the road when they turned around. By the time the cops made it to his apartment complex he was already at his door step. My friend believing they didn’t catch him in the physical act owned up to the fact that he just passed them. They nailed him based upon his own ignorance. I learned the term at that point. Shut up, shut up again, and finally shut up some more. Nope, he knew he was right.
I got charges once they try to dismiss them I told him to continue on with them so that I could have an acquittal the the judge understood my request and gave me an acquittal.
In NJ the breath test is NOT optional. If you refuse, they the police can charge you with DUI even if you are not drunk. "39:4-50.4, there are mandatory NJ DWI refusal penalties that the court must impose. A first offense conviction includes: Fine-A fine of $300 to $500 and a mandatory drunk driving enforcement fund surcharge. License Suspension-A mandatory license suspension of between seven and 12 months."
Easiest don't do it. Next don't get caught. Don't leave the car in public view. Don't answer the door. Don't answer any question other then your name where required by law. Yes you want a lawyer. Yes you are invoking your 5th admendment rights .
Last time I told the cops I don't answer questions. They snatched me up and bloodied my face. Later they claimed to have no idea how my face became bloodied.
so they can charge people for dui if they didn't see it, but can't charge people for assault and battery. when they didn't see it but the victim has it recorded. Yeah that make sense
Not in the US, but had a friend who was done for "Being in Control of a Motor Vehicle Wile Intoxicated" he was at a party that had gotten noisy earlier in the night but still after the noise cut off hour, it took hours for the cops to arrive, by then things had gotten quite. he was asleep on the couch pickled, his keys where on the kitchen counter unattended less than 3m away and his unlocked car was less than 10m away through an open Door, under "The Motor Verticals Act" he was considered in control of the vehicle and over twine the legal limit, this is the same part of the Act that covers DUI, but the penalty was less because the engine wasn't engaged and he wasn't occupying the vehicle at the time.
That guy is most likely going down. I thought TV confessions were unrealistic until I watched a talk by an actual detective. The crazy stuff people admitted to him... 🤷
If the system considers finding someone at home "pretty much the same as finding you at the scene of the crash", then it's FUBARed. There is a profound evidentiary difference between finding someone at the spot where something happened and finding him in a completely distinct location with only spurious "evidence" that they have, indeed, been in a vehicle. Not to mention that eyewitness reports are notoriously unreliable anyway - all the more if the person saw something only for mere seconds. Likewise, reckless and insecure driving happens for a variety of reasons, not just DUI.
Had a friend in Louisville, KY leave a bar and open his car, which was 10 feet from the door, for a work friend so she could get her purse. He stumbled turning back and passing cops arrested him for public drunkenness AND DUI. Another friend on St. Patrick's Day got super drunk and the friend he drove with took him to his car to sleep it off (the super drunk guy). He woke up an hour or so later not knowing where he was, couldn't get out of the locked car, the car alarm went off and he got out. He was missing a shoe, also. The friend whose car it was went to check on him shortly after and saw 3 cops standing about talking. He was holding the missing shoe, (drunk guy was known as Cinderella afterwards) and asked the cops if they'd seen a 6'4" guy walking around with one shoe. They said, yeah, he was taken to jail for DUI.
It's a good idea to understand DUI laws in your state. I know a guy that used to sleep in his trunk so that they couldn't claim he might have been driving.
PBT question...18.2-267 Preliminary analysis of breath to determine alcoholic content of blood. Subsection A talks about the ability of the police to ask for a PBT sample. Subsection C gives the right to refuse the test. Subsection F requires the detaining officer to inform the stopped person of their "rights under the provisions of this section." So the officer, seemingly, by law, has to tell the suspected DUI driver that he doesn't have to take the test. If a person got pulled over, was asked to do a PBT & did one...if the officer didn't inform of the right to refuse as the law requires, could that be used to challenge the validity of using the PBT as probable cause for the arrest?
Appreciate the videos! Wanted to point out a technicality. Probable cause is below the standard of "more likely than not" (preponderance). Probable cause is "a reasonable belief that the thing occurred, or that the item is in the place to be searched" (Essentially). PC is below preponderance, even if only sightly, in the ordinal scheme.
If a cop knocks on your door and wants to talk to you, just politely say "Sorry, I don't answer questions for random people who knock on my door. Have a nice day" and close the door. You didn't specify you're refusing to talk to them (the police) specifically, and if they attempt to stop you from closing your door, you may end up with a case for claims against them as it is a clear intimidation tactic and basically a home intrusion at that point.
Hey Billy, you have a slight error in your recommendation --> "and close the door" If you don't OPEN the door you don't have to close the door. IMO, allowing cops to block the door, never works out well for the victim.
My Mom's friend is very cop-savvy. Her son was involved in a crash and had been drinking, but he didnt stay went straight home. She heard what happened and first thing brought him a bottle of whisky and big glass and made him drink a glass and have another half full. She then called the cops and explained about the crash. They showed up of course and were invited in. Son is of course shook up by accident and having a drink to calm his nerves. They now cant prove whether the son was drink driving or got intoxicated after he came home. So he only gets charged with fleeing the scene of an accident(very minor crime) and not drunk driving(serious crime). I think it is quite a good trick.
If, i my country, the police stops you for suspicion of DUI or during a general alcohol test on a main road, they always do a test with a small breathalyser. If it's above the legal limit, they do a breathalyser test at the police station. Some years ago, the police received a call about a car driving erratically. The police traced the driver and did find him drinking alcohol when he opened the door. He claimed that he just did start drink something. The police did not have proof that he was drunk (or over the limit) while driving, so, no further action taken. (It could be a medical problem causing how he did drive).
Union county got me. I wasn't in my vehicle. They never seen me driving. I was on private property. After a year long court battle, it came down to a local bar tender told the cop I was drunk when I left but DIDN'T see me drive away. I was found guilty.
I had similar incident a few year ago, I was driving home from work, it was 11:30pm, I was just about to turn onto my road, not a mile from my home, and a young cop pulls me over. No big deal, it wasn't the first time it happened, but it had been a while so I was a bit worried. He walks up, takes my DL and registration, goes back and calls it in. Come back and starts asking questions; where I was going, where I had been, was I drinking, where I worked at, and so on. I guess I answered him right because he proceed to lie to me about my having a license plate light out on my car, writes a warning and lets me go. I got out when I pulled in at my house and there were NO lights out... I was tempted to call the station to complain, but this youngster would of just harassed me from then on.
I enjoy your content. I'd really like to see an episode about Breath vs Blood tests from a legal standpoint.. Does the defendant have the option? Is one more reliable, accurate, better for the defendant, etc., than the other?
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can you do some of these for semi drivers
what about self incrimination and that you feel obligated or you will be arrested for no reason and cops don’t care since they have qualified immunity.
not that I'd ever drive drunk, with that said, let's use the example you gave where you get home and police come, would not answering the door until they get a search warrant help? give some more time for absorption likely reducing BAC?
be suspicious of the Officer's , say as little as possible or not at all and take the 5th
I invoke my right to remain silent
Anytime charges are dropped or you are found not guilty ALL arrest records should be expunged.
The fact you can be arrested and let the courts sort it out yet that arrest record can screw your life needs to change.
Yeah and the police never ask about convictions just arrest.
False arrest comes into play.
This costs the taxpayers plenty.
You just have to sue.
@@notreallyme7465 - It costs you a lot of money as well. The arrests should be removed AUTOMATICALLY for the conditions I listed above.
No more of this "you might beat the charges but not the ride" BS.
@@SwordFighterPKN I agree with you. Maybe if we did hold the officers $$$ rather than taxpayer money it would end. Prosecutors and judges back rights violations. In Kitsap County you have no rights. Unless they beat you, shoot you, handcuff you or throw you to the ground.
The judge just said OK. FACT.
@@SwordFighterPKN The "ride" is the trip to the station.
Moral of the story when it comes to dealing with cops: shut up, keep shutting up and shut up some more.
I could distill my whole channel down into 10 seconds. Hahaha
It's better keep your pie hole shut. Get booked in jail bail out if you can't afford it. 72 hr of your life then you'll be released. But expect a year or more of harrsment before it's dropped.
@@brianjacobsen5762 I don't know. I've been let off by a lot of cool cops. Once even admitted I had 2 beers with dinner. He let me drive 1 block home & told me to stay put for 2 hours. In that 1 case only, & there are many others, had I refused to speak, I'd have been behind bars, forced to hire an attorney, etc. Helps that I'm a nice, white guy, though.
@@phlushphish793 Same here I've gotten breaks form a few cops for DnDs and other traffic offenses does help being white. Not getting pulled over in a dented up wreck of a crack car helps too. If you play that game remember the house always wins. Hard headed me took me 3 trips to state vacation from my Al K Hol Izm to quit screwing around with that stuff. That was 2010. I took the power away from Johnny. My only worrie getting a speeding ticket on my Big liter sport bike.i grampa that thing around till I'm wayyy out of town. Being polite the key to most of those guys. Get a rouge cop once in awhile it's something you have to deal with. Be safe brother.
@@brianjacobsen5762 Yeh, that's why I'm blown away by folks (mostly black) resisting arrest. They act like they won't have their day in court, like the cuffs going on is the final verdict. End up getting beaten, tased; and if not killed, THEN behind bars with additional charges. My advice: keep $ in the bank for an atty. if necessary.
How can the cops be so well trained as to get all this information from you using subtle techniques, but they don’t seem to know the first thing about the law, the Constitution and it’s amendments?
They do know the law and the Constitution, they simple choose to ignore them. It is a classic case of the "means justifying the end". As long as they get a conviction, any tactic is justifiable. The other part is that they and the prosecutors view this as a game. Getting a conviction is like hitting a 3 point shot in basketball. They don't care if it is legal or moral or just, they simply want the points and the high score. That is why so many innocent people go to prison. Cops and DA only want to score a win, they don't care if you actually did it.
The law doesn’t matter when everyone is a criminal. And that’s the mindset of some of these cops. That and, by being “The Law” means that they get to decide what is what, and don’t you dare disrespect them( even if it is in their own mind) cause they are better then you.
@@StixFerryMan "I AM THE LAW"
@@briangc1972 They usually don't actually know the law at all. Because, the Police are woefully undertrained.
@@TheCFKane1982 Police quite often don't know the law in certain situations. What they are trained for and required to know is police procedures.
I'm 51 and from I've seen from most people I've ever met in my life. I find it absolutely mind blowing WE CAN PUT HUMANS IN JAIL OVER JUST WHAT SOME OTHER PERSON SAID!! ABSOLUELY INSANE!!
It is the totality of facts. The worst are the eyewitness identification of strangers. Courts have given too great a weight to those identification for years.
@@exhaustguy But courts cops influence witness too. They do some dirty shit. One time cops rolled me up and took me down to the main Seattle jail. We're running me through a line up for robbery. I'm short 5'6 1/2 these two detective's tell me we're going to different part of the jail your going to pick out guys same night weight hair color as yours for this line up. I'd pick a guy they say no pick someone else. While we were doing that they put a cop in some jail overalls there's 6 of us in this side room I have few tats I was the shortest guy in the line the only one with tats. Last guy to come in 5 in line. First thing he's says to me. Did you do it. I said I don't know what your talking about.were there about hour. I'm getting nervous.thus side door opens this little blond PD cones in starts yelling at the cops. WTF is this. Complained how ovious this shit looked. They had an excuse for the size difference she said he's the only with a tat. They said we can put a bandaid over that. I'm thinking why don't you have me hold a red flag. We at a standoff finally I said fuck it lets gets this over with. Made the cops happy. Attorney said don't smile when go up there. I already knew that.witness She picked me out. But said I'm not sure. Man were the cops mad. I don't care if they catch you standing next to a dead body with a smoking gun in your hand. You don't tell em shit.
Worse still if you are a generally hated minority in a community. I will leave it to the people reading this to come up with their own examples.
Cuz cort iz fer splainin'.
As a scientist, the fact that eyewitnesses testimony is even called “evidence.”
Here's one for you. I was in a no fault accident where the other driver ran a stop sign the city placed behind a tree. So sued the city for damages. Before the case was settled I suddenly had the city police following me every where I went. Caught on in my backyard looking through my kitchen window. So one night I'm driving home after college courses and I got pulled over for " driving without headlights". Right off the bat I was cuffed and stuffed in the car, not told what I was charged with nor read my rights.
At booking I was given the field test and not a breath test. I told the cop I had a walking impairment from military service, which causes me to limp and sometimes leg gives out. I was then put in a cell and told what bond was. I posted bond, got a lawyer and was shown the police report. I was charged with refusal to blow and for blowing 0.18. I pointed out the conflicting charges and was simply told " That does not matter, GUILTY!!"
Then the case got settled and I was awarded $7,700. But guess what? All the fees and fines came to $176 more than my settlement.
Will I trust a cop again? NEVER!. If I see a cop needing help will I help? NEVER! Also I had a permit to carry concealed and had my gun in the car. Cop took the gun and never mentioned finding or taking a gun from the car " You're not getting this back" was what he said.
Which means he stole the gun, and probably sold it to a great hero like ODie Floyd...
And this is why everyone says the process is the punishment.
Thousands in legal fees and time wasted
Best bet: get a card from an attorney that says "I have instructed my client not to answer any questions from law enforcement" etc. It frees you up to not even have to say that you will not speak with them.
yeah, that's a lot better than babbling on about the Constitution or insisting that you know your rights.
It's best to say (your way or another) that you are acting under advisement of an attorney. What's he going to say, that he knows the law better than an attorney?
I actually sat on a jury one time where a guy was accused of a dui when a neighbor called the cops for him arguing loudly with his gf. The gf was angry that he’d been at a football party with his friends and came home drunk. He was arrested for a felony DUI. However, the guy claimed to have been driven home by a friend. The gf corroborated his story as a trial witness. The police’s only evidence was that “his hood felt warm and the car door wasn’t shut tightly.” The police “lost” the written testimony of the friend who drove him home. That’s it. LOTS of reasonable doubt, right?
Initially, the jury was leaning towards the defendant, however a couple of strong personalities who had issues with alcoholism in their family persuaded/bullied the rest of the jury that the guy was likely guilty. I kept reminding them that the standard was “reasonable doubt” and that there was an EXTREME amount of reasonable doubt. I also kept reminding them that we needed to focus on THIS CASE, not someone else’s personal experience with alcoholism. For 3 days, 11 people screamed, bullied, and pushed me around. The trial ended on a hung jury…with me as the sole hold out. I hope that young dude did something good with his life because he was one stubborn person, who sees the law as black and white, away from a prison sentence!!! It was crazy!
You're a hero bud.
Much blessings on you. You saved someone from a bad fate.
I can’t help but wonder if these people on the jury lied about their biases during voir dire.
Officer Andy deserves his own channel!!!
Two things you always say: 1) Don't answer the door...geta warrant if you want me too. (Good luck). 2) Don't talk to the police.
I told this to my bf as I saw a cop walking up to our house and he's like "I don't have anything to hide! I'll answer the fucking door if I want to." as I'm begging him not to. Cops twist things. They use shit against you if they can. You don't have to answer the door. You don't have to say shit. He seems to think that if he's innocent, nothing will happen. -.-
@@Crowski most people do think this. And in a perfect world it should be okay. Heck I will go as far as to say there are many cops who will do it right. But then again, many who will manipulate the situation as you said. So why take chances?
Funny thing is.. I was sleeping in my bed. The forced entry into my house and still gave me a dui. I WAS IN MY BED.
@@nathananthony2552 horrible...that shouldn't happen at all.
Sorry to hear that Nathan.
Those crooks hiding behind a badge!
Did you sue them?
Just don't answer any questions at all. Don't agree to any field sobriety testing. Only agree to blood test, or better yet, require a warrant for the blood test.
Station breathalyzer is required in almost any state by law. It's only the roadside that's mostly optional. And no the blood test doesn't overwrite it. But definitely don't answer questions without a lawyer present.
If you don't answer them they will assault you just watch all the videos on UA-cam of this
Don't agree to a blood test ever. Don't agree to anything.
@@Cragified only required if you carry a cdl. Otherwise it's never required because it's self incriminating and you have a 4th/5th amendment right.
@@richardbutkis He's done a video on Implied Consent and why you will be charged with Refusal on top of other charges if you refuse the test at the station.
Some states even require by law the roadside test under implied consent. Alabama for example is a automatic traffic ticket if you don't. Alaska it is a Class B misdemeanor (up to 90 days in jail).
Laws vary state by state and you should be aware of them if you chose to engage in activities out of state. You can harp on about the 4th and 5th amendments while you sit in holding not understanding what implied consent is.
Cop sees a guy on a motorcycle and clocks him at 87mph in a 55. He is able to see the license plate at the next stop but the bike loses him in heavy traffic. The only thing the cop doesn't know for sure is if that was him on the bike. He waits about 3 days and goes to the address where the bike is registered. He sees a green Chevy pickup and the motorcycle in the driveway. When he goes to the door he asks if that is his green pickup. The guy says yes. He then asks where they guy works and what time he goes to work. The guy tells him, then asks why he was asking. The cop says we had reported reckless driving on Monday of a vehicle matching the description of yours. They guy says it couldn't have been me. I rode my motorcycle on Monday. The cop hands the guy a pre-written ticket for reckless driving on his motorcycle.
Someone my dad knew fell for that. The cop told him they had his plate number he replied that it didn't have plates. Same scenario.
I would simply say that I don't discuss things I may or may not own; nor do I discuss my life and experiences with strangers. And then close the door. (Or more appropriately, never open it for the discussion to begin with.)
In that case, I'd refuse to answer questions & say come back with a warrant. Pulled over at the side of the road, you DO have a slim chance of talking your way out of stuff. I've done it many times.
Talking to the police is like making a wish with an evil genie. The genie will grant your wish in a way that makes you wish you had never made a wish.
This means that the cops WILL twist your words.
the wish master
The Monkey's Paw
So what maintaining innocence actually hinges on, is that the person who is contacted refuses to answer any questions.
Problem with that is I have seen many videos where the cops don’t like that. Like REALLY don’t like that. Not just frustrated that they can’t do their job, but like vengeful. At best, trumping up the charges, at worst, outright lying or faking evidence.
Yup! Unless you’re very, very good, talking to the cops will only result in you incriminating yourself.
If a cop detains you you're typically required to ID yourself, but they cannot force you to answer questions. The more questions you answer, the more chances you give yourself to self incriminate.
"Don't talk to the police". Agreed! 100 percent.
Police CAN do anything they want - they have guns & badges. Whether their actions are upheld in the courts, is another story. Despite being a lawyer, you seem like a pretty cool dude. Thanks for all you helpful videos!
Yes. We have all seen( and if not, check them out) videos on YT of police overstepping the mark. The list of BS things they do to arrest someone is amazing. Don’t think there aren’t good cops out there though, there are lots of videos of them too, but it’s the bad cops that ruin it for everyone. Those who abuse their power, are on power trips to feel big, or those who just don’t understand the law and think it is there to give them the right to act like gestapo.
I guess it is mainly just down to attitude. They think they are better then civilians, entitled to being treated like that, or that every person they meet is a criminal. Not just suspecting that someone may be a criminal and trying to find out if and how, but down right convinced that everyone are in fact nothing but.
@@StixFerryMan I wonder how much of that view/opinion they have of civilians comes from their training at police academies.
The problem with that line of thinking for police officers is that acting on the ability to do as you say "anything the want" is that not every citizen is a sheep. Some of them are wolves or coyotes (usually coyotes) and every once in a while the cop runs up against a sheepdog. That last category is the one that prevents the cop from becoming a wolf. The very real fear that the sheepdog is waiting to defend the flock. Last thing a cop even an I have the power type coward wants is to meet the sheepdog in his own doghouse. Those situations generally end with a dead or injured cop and an arrest of the sheepdog with the case being tossed for self defense. The cop k ows that if he escalates then he will end up paying the piper.
A recent supreme court ruling will cause some heart burn with this type of case - the supreme court ruled that if there is a charge against you and for some reason the charges are dropped or the prosecutor loses his case you have a direct path to federal court with a title 42 section 1983 case. You no longer have the burden to show that a judge dismissed your case - only that the case was dismissed or prosecution stopped... so this type of high risk case will not even be arrested or attempted to be prosecuted as soon as a few cops get sued for malicious prosecution...
Do you have the cite to that case?
@@shanikaswasey3708 Thompson v Clark et al - decided April 4, 2022 case no 20-659.
If I opened my front door and it was the cops asking what I've been up to, I'd close and lock the door. I am under no obligation to engage in conversation with them.
To throw off their attention, in a deadpan and humorless way say, "I didn't order any gay strippers." 🤣
I was at a pretty low point in my early 20's and drinking heavily. Cops arrested me for DWI while I was sitting on my porch. To be fair, I probably was offending. But when they showed up at my house I was sitting on the porch drinking 100 proof vodka straight out of the bottle. They'd gotten a call about me. I told them I just got home and started drinking minutes earlier. They said my hood was still warm so I must have been drinking and driving. When his honor asked what I had to say in my defense, I says, I says, "Your honor... Come on!" He thought for a moment and looked sternly at me and said, "Mr. Cooper, there clearly isn't enough evidence to convict you. But do not let me see you in here again." Case dismissed.
Anyways, they caught me dead to rights two weeks later. And I'm glad they did, and I was punished accordingly. Prison is not fun. Drinking and driving is dangerous, and not just for you, but everybody else. Don't do it.
Yep. Same thing here only much more minorly. Got a traffic ticket. Went to court to pay it. Because I was wearing a KISS shirt, the clerk assumed I was there to fight the ticket. No, I'm here to pay! I told her, "I owe that cop a debt of gratitude! I was driving like a terrorist!" Because of that one ticket, I drive much safer now, & NEVER intoxicated! When I see people driving recklessly, I know it's because they've never been in an accident.
Being a teetotaler is a great way to avoid committing DUIs. It apparently _really annoys_ some cops when they pull you over and you tell them you haven't been drinking and that you don't drink at all. They do things like deliberately misread your proof of insurance to claim the issue date is the expiration date.
I am a teetotaler, but my go to joke is, _“I'd be a teetotaller but I hate tea!”_ According to a friend who practises linguistics, the joke isn't very funny but is actually somewhat close to the root meaning and intention before spelling became standardised.
@@GeorgeVCohea-dw7ou Your friend is wrong: the joke is hillarious! :D
Especially if the etymology really is related to drinking tea instead of alcohol.
That's messed up! I was befuddled about this myself. This is outrageous. That means anyone with a grudge against you, can falsely accuse/report you for any imaginary crime they desire. And there's no recourse. Mind blown💥
Funny, how if you call LE about some other type of crime, they say that they, "can't do anything unless they saw it happen."
Been there before. I guess now, it's truly guilty until proven guilty. Well, unless you've murdered somebody, then you'll be let go.
I had an attorney tell me that if you commit a low level misdemeanor, you'd actually be better off legally, if you committed armed robbery. And that's a quote.
Thanks for clarifying; lots of us needed to hear this. I don't drink, so I thought this couldn't effect me, but in light of what you just explained, any one of us is vulnerable to this kind of charge.
That's a thing called swatting. Video gamer upsets you? Call the cops & report a kidnapping at their address. One guy got shot & killed by police for answering his door! Yes, the punishment is severe for that; but, proving it is long & difficult & a large part of your life is ruined!
What do you think happens with red flag laws? Many states require no evidence or corroboration before violating your rights.
My brother inlaw was drunk and ran over a neighbor's mail box they called the law and he got arrested. His lawyer got him off since no one actually physically seen him driving his car.
I am surprised that you didn't recommend not opening the door to them. They can't break your door down without a warrant, can they? If you don't open the door, that seems like a safe way to deal with them. You are right about not talking to them. Through the door "Officer, unless you have a warrant, please leave."
His advice at the end is literally "Don't drink and drive. Don't talk to the police."
You don't even have to talk to them.
People knock on my door from time to time. Often I just ignore it. No law says I need to do anything when someone knocks.
Real moral of the story here is: Don't answer the door in the first place. The longer they stay outside endlessly knocking on your door, the more their case against you dwindles away.
Have courts recognized a distinction between having probable cause to believe that you committed a crime, and having a particular articulable reason to believe in good faith that you could likely be proven beyond a reasonable doubt to have committed the crime? Cops should have no difficulty meeting the second requirement in most cases where an arrest would be appropriate, but a cop with no particular expectation of being able to produce evidence necessary to show guilt beyond a reasonable doubt shouldn't be making an arrest.
You juts gotta love the vague terms the lawyers and judges have come up with.... "reasonable articulable suspicion", "probable cause', and "reasonable doubt" are just the tip of the iceberg with the BS.
@@jlambe19 If issues of "reasonableness" are properly recognized as matters of fact, then the term is simple to define if one presume that jurors are "reasonable" [without such a presumption, the whole system collapses]. If a juror could imagine that they would be particularly suspicious of something if they saw and heard the things a cop did, they should view the cop's suspicion would be "reasonable". If they cannot imagine regarding such a thing as particularly suspicious, then it would not be reasonable.
@@flatfingertuning727 man walks into a convenience store with a handgun, detainment reasonable for questioning?
Next: masked man with firearm walks into store.
Next: group of people wearing ski mask with shotguns enter a convenience store
In all cases none of that should be reasonable for detainment and questioning, all perfectly legal and protected exercise by the US Constitution and easily explained ordinary action (though the burden is not on the accused). However some Karen is going to be freaking out that a group of hunters came into a convenience store during the winter...
@@flatfingertuning727 reasonable has to extremely different interpretations to different groups. it is a vague, catch all phrase that is used to get a desired result, and not necessarily the truth.
...and yet, arrests & detainments happen all the time. Just how it is. Good luck fighting or changing that. Get yourself a good lawyer!
I love the "I can't help you" line from the cop. Never forget that he is NOT trying to help you!
Correct, all he wants its to extort money so he can fill his quota. (Which I do not understand why are they even lawful).
Another superb video lesson ! Giving real life scenarios with the best advice. Thanks AF.
Heard one time here how a lady saw a guy totally drunk at a bar, then a short time later saw him driving. Called the cops, and the driver arrested for DUI. The only problem, the driver wasn't at the bar, his twin brother was.
My state just recently passed the law, that law-enforcement can no longer cite you or charge you for misdemeanors that they did not personally witness. The cops do not like it, but it’s a good law
Cop: *knock knock*
Me in the window: "Show me a warrant or get off of my property, Trespasser. Direct any and all further inquiries to my attorney."
This is crazy.
What is wrong with the court systems in America?
This fails the reasonable person test.
No reasonable person would conclude beyond a reasonable doubt that the suspect was driving drunk because 5 hours latter he was drunk at home.
It's ridiculous.
It is also against the legal concept of innocent until proven guilty.
I was arrested for a DUI in my own driveway (was working on my brakes) blew a .04 (half the legal limit) but still lost my license for 2 years because the DMV only goes by arresting charges not conviction.
Sounds like a great reason to utilize your right to remain silent.
So if you only need to test positive in some states. What is to stop corruption like someone getting paid by the cops to call in seeing some drunk drivers going to a bar or someone who they know is a drunk at home. They talk to the person in a bar similar to what you said in the video. Get them to blow, and arrest them.
Like it seems like a corrupt person's loophole.
If you don't TALK to cops, you certainly don't BLOW them!!
Yeah, that part is absolutely crazy. The best thing you could do in that case is just not open the door for the police in the first place, because they likely don't have a warrant at that point, nor could they get one just based on a call as long as you don't give them any additional information.
There are so many channels out there of cops doing searches that violate the 4th Amendment and tricking people when they could have pleaded the 4th, but so many of those channels show people doing things that really do make things worse for themselves. This channel really is the best for knowing what to do. Hand the officer your license, registration, and insurance, and don't say a single word so they can't even claim "they smelled your breath", and video record everything.
It’s funny that in court a cop on the stand can say that you said “x” to him and it is allowed but if you or I say that someone said “x” to me then it is hearsay and not allowed. Seems like a double standard to me, but that is how it really happens.
Cop's don't lie on the stand, they have no reason to lie. /s
If YOU are testifying to what a person told YOU directly (or YOU overheard, you eavesdropper, you), then it's not hearsay.
It's the "Bob told me Sally said ________" that's hearsay.
@@leef_me8112 lol
Well saying "someone said x to me" is rather different from saying, "the cop that is accusing me said x to me". You're comparing apples and oranges.
@@leef_me8112 They do it all the time.
PA: if you made a driving mistake on Monday, and your least favorite neighbor calls the cops out of some sort of grudge, cops roll up to your house on Friday ….. arrest you for DUI
I knew a guy in Canada, who was charged with being in control of a vehicle, because it was parked in his driveway, he had the keys, "sleeping it off" ( 1,3)... Having the keys made him "in control of a vehicle" what a screwed up look at the law!
Your absolutely right and hit it spot on! The people always feel obligated to answer the police questions never ever open the door for them when they come to your house and definitely don't answer their questions it is your right! So do not open the door for them unless you called them for an emergency!
Simple answer: Never, ever, ever talk to a policemen. You are never required to. So don't.
I’ve seen the pre-crime version of this one. Dude is drinking in his apartment, decides he we will walk down to the street and get his cigarettes out of the saddlebag on his motorcycle. It’s 40 degrees out, he’s in shorts and house slippers with no jacket, no helmet, no wallet, AND NO KEYS. The engine and exhaust pipes are completely cool. Never mounts the bike. Cop rolls up on him, tries to question him into an admission. When that doesn’t work… well the bike is still under your immediate control and you appear to be drunk, so you’re under arrest for DUI. The cops might have had other reasons to want bad things to happen to that guy though, depending what all shows up on their little computer.
"Anything you say can be used against you in a court of law." That is what they tell you. What they *DON'T* tell you is nothing you say can help you in court.
When the cops say, "If you don't talk, I can't help you."
This is not exactly a lie. It's a true statement, but it is a deception. If you don't talk, the police can't help you. But they also can't help you even if you do talk. It is one of those things called a "true lie"
I mean the cops can legally lie during interrogations anyway
In your Miranda rights, "Anything you say can be used in court against you". What that really means is "Anything you say WILL be used in court ONLY against you, never for you, in court".
@@robertsteinbach7325 That's what he said
Gotta say this was a good learning experience. Gotta ask could you please make a video about what kind of legal remedies one could use to obtain compensation or justice from an illegal/false arrest (mainly the type of pissed off police kind under the guise of either: obstruction, trespassing and the always questionable failure to obey a lawful order). Such examples of these frequently come out the channels: Direct D, Good citizen news ,or Long Island Audit. Lastly, if a police department does not find fault with their officer's actions (policy violation's or criminal) who else could you make the complaint to that actually could look into it objectively and take real action?
What if someone is so drunk at home that they misunderstood the question and admit to DUI when they didn't? Isn't there some sort of protection for people not in a clear state? Seeing as cops can get you to admit to serious crimes you didnt commit while sober, I would think it would be super easy to do it to a drunk person pulled out of their home.
Not mentioned in the video but the cops absolutely CAN NOT enter your house and arrest you unless they have a warrant or you decide that you would like to open the door and get arrested. There is some small leeway if they are in "hot pursuit" of a felony suspect, but that would be more like them following you as you ran from your car into the house and you slamming the door on them. Some cops might try to extend the concept of "hot pursuit" but that would increase the burden on them significantly in court. Once you are in the house, sitting on the couch and later hear a knock on the door, the only way a cop can compel you to open it is with a warrant signed by a judge.
Open that door without seeing a warrant though and you've just volunteered for trouble time.
I have a DUI maybe 10 15 18 years ago my mistake was talking to the cops I should have plead the fed and asked for a lawyer and if they keep asking you questions that that they're violating the 14th amendment due process always plead the fifth and ask for a lawyer any questions after that until your lawyer gets there they're violating the 14th amendment due process 🤔🤔🤔🤔
Pleading the fifth is even more important now than it used to be. There was a Supreme Court ruling a few years ago that if you don't specifically invoke the fifth amendment and just stay silent your silence can be used against you in court as evidence that you are guilty. You have to say something like, "I invoke my right to remain silent silent under the fifth amendment to the US Constitution." Then you can shut up and wait for your lawyer.
Yes I heard that that's the way I say I plead the fifth amendment of the United States Constitution and I want a lawyer present like I say in my Miranda Rights and the next question the blue line gang member asked me he's violating the 14th amendment due process 🤔🤔🤔🤔🤔🤔
@@batman2099 I actually have a written statement in my wallet that sounds a lot like the Miranda warning. Essentially I Mirandize myself. It contains language where I take the fifth and inform the cop that I want a lawyer present before questioning and that I will remain silent until then.
We need to remove "people's words" as proof. Cases should be based on hard evidence.
I was at a bar drinking and play pool. When I was done I called for a ride home. We got pulled over not even 2 blocks away from the bar. I was in the passenger seat. The cop demanded I take a breathalyzer test and a sobriety test as well. I looked him dead in his eyes and said "I'm the passenger not the driver. I'm not taking anything". He had already checked my ID which stated I was over the age of 21. He had zero right to demand I take either of those test. He got pissed and started threatening to arrest me. My ride and I told him if he does that, he and the department would get sued. I even told him I would make sure he wasn't a cop afterwards. He then made the mistake and called for backup. When backup got there it happened to be the chief who was a 50 something year old man that knew and repeated people's rights. He wasn't happy one bit with that wannabe officer. He looked at us and told us we where free to go and ripped into the younger cop over trying to violate my rights. If a passenger is over the age of 21 cops cannot demand they take a breathalyzer test nor a sobriety test unless that person is on probation or parole and is suspected with reasonable doubt to be under the influence of alcohol. I wasn't having any of that from that wannabe cop.
Thank you for making these. It's insane these questions even need answers!
Now one I don’t like is actual physical control. Watched a camper next to me hauled in for changing the radio station in his truck while drunk as a skunk. He wasn’t going anywhere and he hadn’t been driving. All it took was the keys in his ignition and him sitting in the drivers seat.
Oh, oh!! There's a video for the future too. Sleeping it off in the car gets you a DUI.
I’m sure there are plenty of examples.
In Oklahoma City, a lady that was employed at a firm my wife managed was picked up for actual physical control for having her car keys in her hands while stumbling towards her car.
They got her and it stuck.
@@hughobrien4139 I remember my mom telling me they got someone in Whitley City KY for owi. They were pushing a shopping cart. It had wheels and they were operating it
@@user-lz2bn6eo1j When you operate, attempt to operate, or are in actual control of a MOTOR vehicle.
@@hughobrien4139 Did you see the episode of 'Everyone Loves Raymond' when the wife got a DUI for napping in her car, with her hands folded under her head on the open window, while inebriated? Yes, it's just a show; but, during the trial, the nosy mom interrupts & says, "I can't hear!" The napping mom then says, "See what I put up with? I should be drunk every day!" The judge says, "I agree that you had... uh, intent to nap!"
I accidentally opened door to the cops while camping. A atv matching the description of mine was reported to hit and run a vehicle. Cop pointed out a dent in bumper and I actually had pic from 4 months earlier showing that dent. Cop finally said well we have video. I said well excellent let's go watch!! I knew instantly he was lying when he just kept talking, and fishing for a confession. I denied everything ended conversation. Remember they are literally professionally trained liars.
With all the communication and social media nowadays you would think people would know better than to talk to cops, or open their door for them
my husband got his dui case dismissed because they could not prove he was driving. He also had a concussion from being hit in the face. they did however still charge him over 500 dollars to get his license back because at the hospital he refused to do a blood draw. he does not remember that because of the concussion. so in the end the state still won.
I live in KCMO currently. Here you can go to jail for being drunk in public if you're having a beer in your living room and your neighbor can see you drinking it. Ain't that neat?
Close your blinds.
IF you aren't expecting a knock on the door...DONT ANSWER THE DOOR. They won't have a warrant thus they won't be breaking in to get you.
I generally don't answer the door because I never expect visitors, but some people are just too polite and will answer to see what's up. Of course if you're actually guilty (obviously don't BE guilty in the first place, but I digress), DON'T ANSWER THE DOOR. Even if they can clearly see you through the window and make it clear they know you are home, you have NO obligation to answer the door for ANYONE unless they have a warrant. Even if a judge were to grill you on why you wouldn't answer the door, you could just claim social anxiety or something and having a general policy of not answering the door if you're not expecting a visitor.
If they do have a warrant, they'll let you know.
@@doom4067 Since they are allow to lie. What stops them from saying they have a warrant when they have none?
This happened to my boss. Someone called the cops on him and said they saw him drinking and driving and he got arrested "his 8th dwi" and got convicted and thoroughly smoked
Sometime before the 7th dui your boss should have quit drinking...
A friend of mine learned this one the hard way. They knew who’s car it was driving down the road when they turned around.
By the time the cops made it to his apartment complex he was already at his door step.
My friend believing they didn’t catch him in the physical act owned up to the fact that he just passed them.
They nailed him based upon his own ignorance.
I learned the term at that point. Shut up, shut up again, and finally shut up some more.
Nope, he knew he was right.
It sounds like that came down to the right, but not the ability, to remain silent.
They knew *whose car it was.
Who's is a contraction of _who is_ or _who has._ Possessive pronouns don't use apostrophes.
Well thank you Sans. Without your wisdom I’d have walked through this soiled world ignorant for the rest of my life over that one.
I got charges once they try to dismiss them I told him to continue on with them so that I could have an acquittal the the judge understood my request and gave me an acquittal.
you should have said don't answer the door. If you are already in your house they do not have a right to come in, force them to get a warrant
Internal affairs is the fox guarding the hen house!!!!!!!!!!!!!!
Me: *installs video doorbell* not even answering the door.
I don't drink and drive, but sometimes people call in maliciously or there's corruption.
replying to smart person: good idea.
In NJ the breath test is NOT optional. If you refuse, they the police can charge you with DUI even if you are not drunk.
"39:4-50.4, there are mandatory NJ DWI refusal penalties that the court must impose. A first offense conviction includes: Fine-A fine of $300 to $500 and a mandatory drunk driving enforcement fund surcharge. License Suspension-A mandatory license suspension of between seven and 12 months."
Easiest don't do it. Next don't get caught. Don't leave the car in public view. Don't answer the door. Don't answer any question other then your name where required by law. Yes you want a lawyer. Yes you are invoking your 5th admendment rights .
Last time I told the cops I don't answer questions. They snatched me up and bloodied my face. Later they claimed to have no idea how my face became bloodied.
I'd say "Sir, I don't answer questios. I want a lawyer and I envoke my right to be silent".
so they can charge people for dui if they didn't see it, but can't charge people for assault and battery. when they didn't see it but the victim has it recorded.
Yeah that make sense
it really doesn’t matter what you do or say. The courts are most likely always against you as a servant to the state.
Not in the US, but had a friend who was done for "Being in Control of a Motor Vehicle Wile Intoxicated" he was at a party that had gotten noisy earlier in the night but still after the noise cut off hour, it took hours for the cops to arrive, by then things had gotten quite.
he was asleep on the couch pickled, his keys where on the kitchen counter unattended less than 3m away and his unlocked car was less than 10m away through an open Door, under "The Motor Verticals Act" he was considered in control of the vehicle and over twine the legal limit, this is the same part of the Act that covers DUI, but the penalty was less because the engine wasn't engaged and he wasn't occupying the vehicle at the time.
That guy is most likely going down. I thought TV confessions were unrealistic until I watched a talk by an actual detective. The crazy stuff people admitted to him... 🤷
If the system considers finding someone at home "pretty much the same as finding you at the scene of the crash", then it's FUBARed. There is a profound evidentiary difference between finding someone at the spot where something happened and finding him in a completely distinct location with only spurious "evidence" that they have, indeed, been in a vehicle. Not to mention that eyewitness reports are notoriously unreliable anyway - all the more if the person saw something only for mere seconds.
Likewise, reckless and insecure driving happens for a variety of reasons, not just DUI.
You do such understandable presentations!
And you just crack me up when you are making them🤗
Had a friend in Louisville, KY leave a bar and open his car, which was 10 feet from the door, for a work friend so she could get her purse. He stumbled turning back and passing cops arrested him for public drunkenness AND DUI.
Another friend on St. Patrick's Day got super drunk and the friend he drove with took him to his car to sleep it off (the super drunk guy). He woke up an hour or so later not knowing where he was, couldn't get out of the locked car, the car alarm went off and he got out. He was missing a shoe, also. The friend whose car it was went to check on him shortly after and saw 3 cops standing about talking. He was holding the missing shoe, (drunk guy was known as Cinderella afterwards) and asked the cops if they'd seen a 6'4" guy walking around with one shoe. They said, yeah, he was taken to jail for DUI.
It's a good idea to understand DUI laws in your state. I know a guy that used to sleep in his trunk so that they couldn't claim he might have been driving.
Thanks!
PBT question...18.2-267 Preliminary analysis of breath to determine alcoholic content of blood. Subsection A talks about the ability of the police to ask for a PBT sample. Subsection C gives the right to refuse the test. Subsection F requires the detaining officer to inform the stopped person of their "rights under the provisions of this section." So the officer, seemingly, by law, has to tell the suspected DUI driver that he doesn't have to take the test. If a person got pulled over, was asked to do a PBT & did one...if the officer didn't inform of the right to refuse as the law requires, could that be used to challenge the validity of using the PBT as probable cause for the arrest?
Sir, you have a new sub!!! Love this channel and fantastic job keeping people informed!
You have the right to remain silent. Most people don't have the ability.
Basically, the police can arrest you for anything and for any reason. It's up to the prosecutor to make the case.
thank you for the gr8 presentation….i’ll keep my mouth shut sir….
Appreciate the videos! Wanted to point out a technicality. Probable cause is below the standard of "more likely than not" (preponderance). Probable cause is "a reasonable belief that the thing occurred, or that the item is in the place to be searched" (Essentially). PC is below preponderance, even if only sightly, in the ordinal scheme.
If a cop knocks on your door and wants to talk to you, just politely say "Sorry, I don't answer questions for random people who knock on my door. Have a nice day" and close the door. You didn't specify you're refusing to talk to them (the police) specifically, and if they attempt to stop you from closing your door, you may end up with a case for claims against them as it is a clear intimidation tactic and basically a home intrusion at that point.
Hey Billy, you have a slight error in your recommendation --> "and close the door" If you don't OPEN the door you don't have to close the door. IMO, allowing cops to block the door, never works out well for the victim.
@@leef_me8112 I'm in Canada, most here are too polite to not open the door.
@@Kune35 Are police equally polite to NOT put their foot in the door?
(I was going to link in a video example,
but I would rather not traumatize you.)
Here is the key, and Andrew discussed this in a prior video. DO NOT ANSWER THE DOOR IF YOU DID NOT CALL THE POLICE. Andrew's own words.
The big 2: It is as least likely as not, it is more likely than not...Never tell on yourself.
My front door is locked, it's staying locked.
And my defense rifle is loaded.
I would love to know what really happened with Paul Pelosi's latest incident
My Mom's friend is very cop-savvy. Her son was involved in a crash and had been drinking, but he didnt stay went straight home. She heard what happened and first thing brought him a bottle of whisky and big glass and made him drink a glass and have another half full. She then called the cops and explained about the crash. They showed up of course and were invited in. Son is of course shook up by accident and having a drink to calm his nerves. They now cant prove whether the son was drink driving or got intoxicated after he came home. So he only gets charged with fleeing the scene of an accident(very minor crime) and not drunk driving(serious crime). I think it is quite a good trick.
If, i my country, the police stops you for suspicion of DUI or during a general alcohol test on a main road, they always do a test with a small breathalyser. If it's above the legal limit, they do a breathalyser test at the police station.
Some years ago, the police received a call about a car driving erratically. The police traced the driver and did find him drinking alcohol when he opened the door. He claimed that he just did start drink something. The police did not have proof that he was drunk (or over the limit) while driving, so, no further action taken. (It could be a medical problem causing how he did drive).
Union county got me. I wasn't in my vehicle. They never seen me driving. I was on private property. After a year long court battle, it came down to a local bar tender told the cop I was drunk when I left but DIDN'T see me drive away. I was found guilty.
And the best answer is "I don't answer questions".
Why not suggest, don't answer any questions. You're not obligated to help them build a case against yourself. Don't answer questions.
In this scenario, How about the police knocking and you just don’t open the door, what’s the status?
Thank God I do not drink anymore. Its scary to think you can be arrested in your own home resting after a hard day at work.
I had similar incident a few year ago, I was driving home from work, it was 11:30pm, I was just about to turn onto my road, not a mile from my home, and a young cop pulls me over. No big deal, it wasn't the first time it happened, but it had been a while so I was a bit worried. He walks up, takes my DL and registration, goes back and calls it in. Come back and starts asking questions; where I was going, where I had been, was I drinking, where I worked at, and so on. I guess I answered him right because he proceed to lie to me about my having a license plate light out on my car, writes a warning and lets me go. I got out when I pulled in at my house and there were NO lights out... I was tempted to call the station to complain, but this youngster would of just harassed me from then on.
The best defense? Do what I do: simply _never_ drink!
Man officer Andy is one slick Rick. You gotta watch out for that guy.
It's his fellow officer Barney that you really have to watch out for.
I enjoy your content. I'd really like to see an episode about Breath vs Blood tests from a legal standpoint.. Does the defendant have the option? Is one more reliable, accurate, better for the defendant, etc., than the other?
They can charge you with anything. But they have to prove it in court.
I know PA may be optional for a breathalyzer on the side of the road both if you refuse it's an automatic suspension of your license.
they have no legal authority to test for alcohol while he's sitting in his house
You’re a great lawyer and make great content