What Are My Rights With Police? (When I Get Pulled Over)
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- Опубліковано 9 вер 2018
- What are your rights with the police when you get pulled over in your car? You can visit www.gustitislaw.com for more information about defending criminal cases in Bryan-College Station, Texas. Follow us on Instagram: / sgustitis
This video covers your right to remain silent and your right to refuse to consent to search when you get pulled over in your car.
Other Videos in this Series:
What are your rights with police at home? ( • What Are My Rights Wit... )
What are your rights with police after getting arrested? ( • What Are My Rights Wit... )
What are your rights with police when taken to the police station for questioning? ( • What Are My Rights Wit... )
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About This Video:
In this video, Stephen Gustitis answers the question what are my rights with police when I get pulled over in a traffic stop. He explains your right to remain silent and don't consent to searches! Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County and surrounding areas. His videos cover a wide range of the best defense tactics and defense strategies. #knowyourrights #gustitislaw #whataremyrightswithpolice
There’s nothing worse than an officer calling you “lawyer boy” or asking if you’re a law student when you assert your rights during a traffic stop. Never tell the officer you know your rights, show them you know your rights by asserting them respectfully. If the officer taunts you, just be silent and file a complaint if things go ugly.
Excellent advice! Thanks for adding to the discussion.
This is so terrifying for me as a Black man because asserting my rights could mean a death sentence.
This only works for people of a particular complexion. Don’t be fooled.
Very good advice indeed.
LOL this video has your typical crap lawyer jargon. LOL for the most part the worst info ive ever heard. He forgot these are by-laws. They are not for "we the people" LOL
Seasoned divorce lawyer here. This video should be required viewing for ALL new drivers! Keep up the great work!!
Thank you so much for your kind words of encouragement!
You must have a lot of cop wives in your office lol
@@jayjay-bz3rr Yes, unless they want guns pointed at their head. The police can ask someone to do anything reasonable under the totality of the circumstances to protect themselves, or others, including asking the driver to get out the car.
Thanks for qualifying your comment as being a divorce lawyer, nobody would have believed your comment without letting us know what you do for a living. 😆
Chipotle???
Crazy how the police break the law and take advantage of people who dont know
They like to win. Thanks for your comment.
@@GustitisLaw Unfortunately, lots of police officers don't know the actual laws that they are tasked with enforcing. It's sad.
@@amandagriffin1751 Well, the good thing is the lawyer knows! Thanks for contributing to the discussion.
@@GustitisLaw I agree sir. Appreciate your response.
@@amandagriffin1751 Of courser, Amanda.
So many people who don't understand how important is this information.
Thanks
I appreciate your visit and comment!
As a mother to a couple wayward children, I wish I'd seen this video years ago, boy did they get themselves into confrontations with driving and the police!😣..alot of misery could have been avoided. Thank you for putting this information out there..for FREE😀..Look foward to more informative videos..God bless you 🙏❤
YES thank you so much for this video
Your comment had 33 likes so, I fixed that for ya. ;)
@@ArtofBrandonTruster I appreciate your interaction with the post, good or bad.
Growing up I was always told that the police are my friends and they are here to help.
As an adult I fear the police as extortionists.
The vast majority of cops are honest and fair. They are just trying to do their jobs.
That’s cause you’re a moron
Officers are your friends.
@@dedeferreira98No, they are certainly not
@@riccrion718 criminals are the ones who think like that
Thanks for taking the time to do this. The growing platform for legal advice on social media is how we will get this necessary information out to the masses. Let’s encourage more attorneys to use social media to reach their local population and educate them.
Thank you for your kind words of encouragement.
Great advice. The other things you should do to increase your chances of being released without ticket are:
1. pull over immediately when you see the officer behind you. If you can't pull over soon put on your hazard light on and gently slow ~5mph to indicate you have seen the officer and are complying.
2. Pull over somewhere it is safe for the officer to approach the vehicle.
3. Put the car in park, remove the keys and set them on the dash board, put your hands on the wheel and keep them visible.
4. Greet the officer politely when they approach.
5. Do not go into the glove box for your insurance or registration until being asked and request permission to retrieve them.
6. Politely explain that you are following advice you received from a lawyer to exercise your 5th amendment rights by remaining silent during any and all trafic stops. Legally it is better to explicitly state your intent to invoke your 5th amendment rights before continuing to be silent.
By doing these things to indicate respect for the officers safety you can decrease the chance of them feeling disrespected and becoming angry from your refusal to answer questions.
Thanks very much for commenting!
I don’t respect cops when they get all in my business and waste my time
@@Xippone2093 When do the cops “get into your business?”
Think of it as patronizing. Telling a little fucking child they're a good boy so they don't throw a tantrum.
We shouldn't even need videos like this. This country is a fucking shithole.
they can flip your car over if you don't pull over.. but if you pull over in an unsafe location, they can ticket you for that too. you are screwed no matter what. they can abuse you if they want to. they are Gods.
Never fight on the cop's ground. Fight in court. Keep your mouth shut but be respectful.
Excellent advice. Thanks for contributing!
The court is the cops yard as well.
What if you can’t afford a lawyer ??
Lol! You think you have any more advantage in court? Cops, prosecutors and judges are all on the same team, and it isn’t yours
Dear Sir: That was the clearest explanation of our rights during a stop. Thanks very much!
I glad I could help you! Thanks for visiting.
0k
This is solid information. Here in 2020 its vital we know our rights - the Police seem so unhinged. A lot of their lies & corruption are being exposed.
Thank you Gustitis Law for all the work you do.
Thank you very much for such a supportive and kind comment!
excellent information....
Thanks!
Its not worth fighting the system. Give them the credentials and they will let you be on your way.Make sure you are legal with driving, equipment and no drugs, and you willl be on your way, what is the reason to complicate the police process?? They can lie and say ,"we have a suspicion that your car fitS the deSCRIPTION OF A STOLEN CAR, viola, THEY GOT THEIR WAY BY JUST SAYING THAT.yoU HAVE TO WAIT. Ask,äm I being detained", they will say, YES until we complete our investigation", so I didn't commit a crime then am I free to go"? "cop answers, "no, not until we complete our investigation"", You can't do anything mr Lawyer.
how the hell could ANY lawyer fight that on the street.???? You have to comply. Cmon.
@@digitaldollarsocialismishe9091 where did you get your legal degee?
@@digitaldollarsocialismishe9091 this is the ISSUE. Again I repeat, most Americans have little knowledge into how LITTLE TRAINING Leo’s receive. Not to mention the hiring of THOUSANDS of known violent persons. Knowingly hiring a person/s with a clear HISTORY OF violent tendencies and / or behavior. ummmmm, I’m no lawyer but, I do believe that Is SUPPOSED to be a NO NO.
@@thomasprout9298 being disrespectful is counter productive. 🙀😂😂 I am also bad at video games. Cute “ handle” / screen name. Godspeed.
These are lessons that should be taught in high school . I thank you Sir
I'm glad I can help!!
Wow! What a statement you just made. Let me be clear, I'm not cutting you down or disagreeing with you. I'm almost 65 years old and I'm trying to imagine what it would have been like to have this as a topic of study in high school. As we go through life things change and we get use to the changes as normal and don't really notice what's happened over the years. I remember as a child being taught to respect the police and I guess back 60 years ago that was the correct attitude to have. Now days it seems that the best thing to do is have your Driver's Licenses, Vehicle's Registration and Proof of Insurance ready to go along with front and rear dash cams, plus a cellphone video camera running and the ability to articulate that your have provided the items required by law for a traffic stop, while keeping your mouth shut as to not provide additional information to an officer that's on a fishing expedition.
Not high school, Driver's Ed.
In civics and government classes.
Trying to educate myself. You’re a very educated man, thanks for the explanation!
Thanks for your visit and for your kindness.
Well, I actually walk to work at night, but I see that I can still apply this information to myself.
I work graveyard shift at a Hospital....Ironically I’m right across the street from a Police Station. 😂
But with all of the civil unrest that has been going on lately, I wanna make sure I’m prepared for anything!
Thanks for the tips🙏🏾
Thanks for visiting and for watching my videos.
Marcus- I have seen people stopped for walking late at night and have seen it end badly.. In your case,a quick explanation should work for you, unless you come across the wrong cop.
@@luckyhaskins69
Definitely and I don’t take anything for granted!
I’m not sure of your age. But, I wish you WOULD NOT walk to work at night. Please be safe. Coming from a MOM point of view. Godspeed.
@@TSWARD-xb9rk
I appreciate your concern Celina🙏🏾, but don’t worry because most of my walking is done on a busy street and the area where I live is going through a gentrification process.
Thanks again and you stay safe as well🙏🏾😃
Another important thing to remember in addition to them being able to use anything you say or do in the court of law is that they typically do not use any of that information FOR you. So the police are never on the side of the citizen when it comes to legal matters, it's simply their goal to win investigations. This is why you need to stay silent.
That’s absolutely correct. Thanks for your comment.
A lot of people who claim to “know my rights” do all the no no’s you described. Especially people who record the police for a living.
What are your thoughts on this reality you described?
@@GustitisLaw I have many thoughts about people recording the police. I have concerns about people putting their futures and possibly their health in jeopardy. They are sometimes correct about the law and how it relates to them and often times they are operating under many mistaken ideas.
I started watching First Amendment Audit videos about 4 years ago. I was enthusiastic about many of them at first...Several years ago I started reading court cases...starting with some that addressed recording the police...after a while I wanted to understand more for myself and began to see that some of the information was either incomplete or false. One big problem was that they seemed to ignore legitimate governmental interests as something that could be a reason to limit their activities.
I think one of the first cases I read was Turner v. Driver (5th Circuit 2017). It bothered me when they said that his right to record the police wasn’t clearly established at the time. It bothered me because when I read it I thought it was self evident that he had the right. My thoughts on that time were based on UA-cam videos. That’s one that I came back to and would re-read from time to time. Then I observed something: The 5th Circuit didn’t use his conduct of recording the routine activities of a police station in its First Amendment Analysis. This was different than Glik v. Cunniffe and some of the other cases. I knew this was true but I couldn’t explain at that time. I began research qualified immunity cases. I started charting the outcomes of the “clearly established” cases by dividing the determinations into categories:
violation of a 1A right
Not a violation of a 1A right
Clearly established
Not clearly established
Then I came across a new (for me) determination for the violation or lack thereof: Not determined.
This stuff bothered me and I kept reading (I was reading on other topics as well but would return to what was a mystery to me)...One day I was reading a qualified immunity case and the judge mentioned something along the lines of this, that without a determination on the first question there is no precedent. I was like: Oh, I get it now...I read Pearson v. Callahan and Saucier v. Katz...after that I was certain that the “situation” between Mr. Turner, his recording of the routine activities of the police stations and the police’s interaction with him, in essence his Section 1873 First Amendment claim could not be used as precedent for other cases. It’s clear from the standard of review in the case that the 5th Circuit chose to use its discretion under Pearson to not “pass on” the constitutional question “was there a constitutional or statutory right that was violated?”.
Later I also resolved similar issues with the ambiguity which surrounded his first Fourth Amendment claim...the initial detention...The 5th Circuit also punted the Constitutional question on that claim as well. It took me a while to understand that expressions “assuming, without deciding” and “assuming arguendo” were not mere “ums” or verbal pauses. It means “we are not making a determination on the merits of this claim”.
Of course this is complicated by the 5th Circuit decision to clearly establish the right to record the authorities performing their public duties. The problem is that Turner could be in the same situation in the future and end up with the same result.
I have many other thoughts and I apologize because I would have preferred to give a broader answer to question. I have some health issues and I’m struggling a little today.
Thanks for the question.
“Hands, do what you're bid:
Bring the balloon of the mind
That bellies and drags in the wind
Into its narrow shed.”
-W.B. Yeats
@@ipsurvivor Thanks for your visit and thanks for adding a constructive comment to this discussion.
@@GustitisLaw - Thank you.
@@ipsurvivor Of course!!
Pretty good information. You should think of putting your lawyer card info at the end of the videos just in case we need your assistance. 👍🏼
Thanks for the tip. My contact information is in the "About" section of my Channel. I wanted to avoid soliciting on my videos since I believe that takes away from my credibility. I appreciate your visit.
@@GustitisLaw You are a pretty good guy I can tell. For a lawyer=)
A lot of this is very similar here in the UK. The Police will take advantage of the situation even if you are 100% guilt free they don't care and want to incriminate something or someone from nothing. It is just what they have become corrupt and a laughing stock. People don't respect them anymore. Thanks for the information and spreading awareness to those most vulnerable and want to be educated. Take care.
Thanks for visit and for your kind words. I appreciate you commenting on my video.
A lot of our laws and Bill of Rights come from England.
That's fake or exaggeration. The police in the UK is one of the best in the world. They are polite, helpful and very friendly. Now if you are a di.k then they will treat you as such.
Thanks so much sir
Just got subscribed to your channel; it is of tremendous importance to have professionals like you guide the people when encountering cops elsewhere;
Welcome aboard!
The issue is where laws start to interfere with freedom and those wielding it against others without being bound to these laws themselves. Humanity wants order based on decency not oppression where laws become more valuable than they are.
Good comment. Thanks for offering it here.
It is insane that in some states thesesdays it is illegal for an average citizen to resist false arrest or a malicious illegal arrest. The US police state and monopoly of power must come to an end. The system is biased and corrupt. It is a fraternity and systematic.
@@DavidEmailman O they're just hoping you'll resist. Adds charges & 'Why did he resist if he wasn't guilty, your honor?'
@@phlushphish793 these goons got too much power and it raises the crime rates and it ruins lives and things need to change. People are starting to stand up to these ruthless monsters with a gun and a badge. I hope more and more average people find ways to get power and utilize other people with power and other police to stop false arrest from ever happening right as the encounter unfolds and put themselves in places of power. I will never ever support any departments that have that sort of reputation. There are more and more cases were people are calling the police on the police. That is something good to sleep on.
Great advice! These were tought to me by my parents. All parents should teach their children this!
Thanks for watching the videos!
Knowing your rights is more important than many people understand. One thing I have never understood as how cops break every law in the book, when pulling you over, and even bully people to get their way in every situation , but don’t get in trouble.
That's one of the inequities of life. Just protect yourself.
Fuck the police and all their handlers
@@GustitisLawman we can’t just be brushing it off like that. It’s a horrible thing that needs to change ! Not just an oh well situation
This Lawyer's advice is the best and most accurate I have seen on social media today. Thump up.
I appreciate your kind words. Thanks for visiting the Channel.
"If you don't know your rights. You don't have any." SJVT
10-4
Found ur video very interesting, informative n straight forward. Question: if for no reason u can determine, what should u do if the police officer starts physically assaulting
or rough u up ? Kudos for ur video. New subscriber because of this video. Looking forward to ur next one.
Thanks much for your visit and kind words. With body cams, dash cams, drones, surveillance cameras, and iPhones, I doubt very much a cop would physically assault anyone unless they were protecting themselves or others in the area.
Great info thank you much 💕 kelelah
If you are stopped for suspicion of DUI and you have not been drinking alcohol or taken any drug whatsoever; how do you respond to the police? Thanks for taking the time to help us with your important information!
If the police stop you, they don't believe you when you tell them you have not been drinking or taking drugs. When you start talking, what you say can still be used against you in court. So you would need to make the choice. But remember, to the police a lie is almost as good as a confession.
I have been thinking about responses to questions without lying, I wonder if, "What makes you think I was drinking officer?"
"Do you think I would be driving if I was under the influence?"
They would probably just keep asking me the question And try to get me to say yes or no.
... While watching many congressional hearings lately, I noticed many witnesses answer with the response," I Do not recall."
I would think as long as they never talk to anyone about it after making that statement no one can prove that they are senile
"
@@GustitisLaw Cops can lie with impunity....false arrest reports comes to mind. Their brothers will back them up 😡
@@joelonzello4189 I agree with that.
Had a highway patrol pull me over one night and said “I smell alcohol”. I had clearly not been drinking nor was ANY alcohol in my vehicle. No alcohol at all on me. Made me do the field sobriety test with flashlight moving eyes to his finger etc. after that he said reason he pulled me over was for a tag light that was out. Told him I’d fix it the next day which I did. He didn’t give me a ticket but hate when I am lied to
Seasoned attorney here, everything you say is correct. Pennsylvania vs Mimms must be followed at all times and not be fought.
‘The right to remain silent’…..This is great, ‘spot on’ advice….Like the statement says ‘Anything can be used against you, in a court of law’….it doesn’t say ‘Anything can be used to help you in a court of law’…..Silence is the best remedy…..
Silence is the only way to protect yourself in this country. Thanks for commenting.
I appreciate the information that you gave me and most definitely will keep it in mind if I ever get stopped. And I will look forward to your next session
Glad it was helpful!
Thank you for saying this information people need to know
Of course!
Good advice. I would also add , have all of your documents in you hand and ready to hand to the officer even before he approaches your vehicle. Don't roll the window down too much. Practice ahead of time every once and while. They are hoping you need to fish around, open your glove box etc to find your papers. . so they can see them some Probable Cause to proceed further.
I would agree with having your documents ready. But why not roll your window all the way down? If you aren’t doing anything illegal, who cares if your window is all the way down.
@@GustitisLaw I would not reach into my pocket to get my wallet nor would I reach into the glove compartment to get my registration and insurance card until the officer is standing beside my window and can watch me while I do those things. Until then I would keep my hands high on the steering wheel where the officer can see them. If I move my hands before the officer gets to my window, the officer might think I was getting a weapon. The last thing I want to do is to frighten a police officer.
Never quite understood the law. You are guilty until proven innocent. Otherwise I would not have to give in and let them arrest me and fight it later. I have two charges on my record that has been dropped after they found that I was innocent. How about that...? But I still have those mugshots. Now that isn’t fair. I was told that I could only get one expunged. And I heard from someone else that I could get both but it would cost me. Why should I have to pay for their mistakes?!?! You were wrong so you fix it! They screwed up my life! Literally!
Your only path to cleaning these problems is with an expunction. If they had probable cause, they can arrest you. If they cannot prove the case beyond a reasonable doubt, they must dismiss. The first issue is decided by the police. The second issue is decided by the prosecutor. These are two (2) totally different standards, so don't confuse them.
There was a great video on this topic I found back in 2009 that was short, concise, and walked you through every possible type of police encounter. This one is good too but, if I show this one to my mom, I would still have to explain much to her.
This video could have presented only one (1) principle right. The right to REMAIN SILENT. No other explanation is required. Keeping your mouth shut is the best possible protection in our system. Thanks for watching and for commenting!
What's the video?
@@growing367 not sure if it even exists anymore.
Honestly thank you so much I would like to email you with a few general questions about the law.
I like to answer questions presented in the comments so everyone can benefit from the discussion. Thanks for watching!
I'm about to go to court in a month. Not signaling when I switched lanes (I did) and have it on my motorcycle camera. He was following me and i knew he was behind me so I made sure to do everything right. He also wrote a citation for not pulling over to the right ( it was un safe to do so) but I stopped immediately. He wanted to see if i had a valid motorcycle license and insurance, but when I didn't give him a reason he made and illegal unjustifiable stop. I even went back to the video and checked 20 times to make sure I did indeed signal my lane change. I just signed the ticket and looking forward to going to court and delaying and delaying and rescheduling on his day off when he's supposed to be enjoying it.
If you plan on trying this case to a jury, please consider hiring a defense lawyer to assist you. They will know how to cross-exam the cop and how to admit your video into evidence. If you don't hire a lawyer, you will be at the mercy of the rules of criminal evidence and an adverse witness who is trained to give you nothing. Good luck.
Thank you for laying it simple for everyone 💪
My pleasure!
Cop turned on his siren ten seconds after turning on his lights. Even though he didn’t give me a chance to pull over, the siren created an impression that I wasn’t complying. That fact was traumatizing to be honest. Then, after he spoke to me and went back to his car, but before signaling I was free to leave, he turned on his megaphone and started ordering me to drive away, again creating an impression that I wasn’t complying.
I guess just be thankful he let you go. Maybe the guy had a bad day before coming to work. Anyway, thanks for visiting!
i love it! do you have a playlist for young adults new to the road? Great stuff Mr Lawyer!
I'm glad you enjoyed the video. I do have playlists, but I don't know if they cover the precise topics you asked for. I appreciate your visit, nevertheless.
@@GustitisLaw i Appreciate your response! And I see but I am driving soon and would love to learn more about my rights so what playlists do you recommend ? Also, how does one deal with crooked cops?; since I hear, read, and see stories about police brutality against minorities all the time..
@@wrinklingtissues1724 I have been practicing law for 30 years and I believe the stories you mention are either exaggerations or they leave out important facts. Many of the news stories we've seen over the past year have omitted critical facts that would tell the WHOLE story and have been used by biased media to push narratives that sell newspapers. Sure there are some "crooked" cops, but the vast majority of police are honest and trying to do their jobs.
What a great video! Clear, concise, and to the point
Thank you very much for your kind words!
This video gave very sparce information on real case scenarios in relation to police questions. Regarding when they tell you to pull over to the side of the road for further questioning. What do you do when they forcibly open the door to your car and say: "please step out of your car!"
What do you do when someone with a gun asks you to step out of the car? Do you really want to fight that battle out on the street? Those battles are fought in court, not during a traffic stop.
You gotta be a fluent reader doing this bro. Thank you for the info tho 😂
Of course. Thanks for visiting!
“Fluent reader”? 😆😂🤣
Very good explanation, how fragile we are in the presence of a police officer that's all I kept thinking
Police officers know that the overwhelming majority of the people do not know the rights the law plus anxiety and fear they taking advantage of the people and they become nothing more than Tax Collectors for their state, that is the sad reality !
That is very much true. What I want to accomplish is educating the public on these issues. Thanks for commenting.
Really excellent advice about NOT saying anything other then name, address, etc. Anything else you say can and will be used against you esp since the cop will write down whatever he wants, NOT necessarily what you say.
Thanks for your thoughtful comments on this thread to further the discussion.
Thank you, very good advice
3:35 When you refuse, they will call a K-9 out and have the K-9 alert on your vehicle.
When they call the K-9 out, the clock starts ticking on the them. If the detention gets too long, it can get illegal.
@@GustitisLaw How long it too long for it to become illegal?
@@pumpkinface8151 The calculation is different for every case. A court would consider all the facts and circumstances surrounding the detention to determine whether it was longer than necessary. Ten minutes might be too long in one case. Another case might need 45 minutes to make it illegal. It all depends.
They u sue the cop n the city . N charge per minute
@@JohnDoe-uv6rr What do you mean?
The law where I live says that if stopped by a cop (allegedly for a traffic violation or some trumped up other reason), you must "produce" your license, proof of insurance, and registration, but it does not say that you have to "give" it to the officer. Can you do that exactly as written in the law without getting arrested? Producing means showing that it exists, not surrendering it to be used against you. I'm really interested to know what "produce" means in a strictly legal sense. I live in Tennessee.
Why are you afraid to give the police your license, proof of insurance, and registration?
Dude Symantics is one thing but you are going so far over board , If a cop ask you for your license he is asking you to produce your license for him so either you just toss hail marys to see who catches it or you don`t understand the english Language, Believe it or not some words have other meanings and I bet you have never heard a cop say GIVE me your license, They say Can I see your DL and proof of insurance.. Hell I wanna give you a ticket just for your question and wasting this good mans time with at the minimum The dumbest $hit I have heard to date and its clear you just want to get a ticket/Beat up and tossed in prison along with a great video of the whole event, so not only are you in jail now but I`m probly making meme`s and having a great laugh with all my buddys at your expense.
@@MeMesofSavagery Give the cop the damn driver’s license. It’s your privilege to drive and, consequently, they are entitled to see it.
@@GustitisLawhat made you think he was afraid? Not everybody wants to be treated like a lesser
@@GustitisLawit’s not a privilege to drive 😂😂 I had to buy a car, insurance, registration, had to pay for my license… tell me again how it is a privilege???
Thank you for this vital info. I'm learning more and more about how to deal with law enforcement.
Any time!
Thanks for the advise
Of course. I'm happy to help. Thanks for watching.
Great info, thanks! I would really appreciate a video with very specific instructions about how to remain silent while appearing respectful during a traffic stop. I’m intimidated by cops and I feel like they will harass me if I’m simply mute when they pull me over.
Does remaining silent mean that I’m 100% mute with them and only nod/use hand gestures, or is there an appropriate amount I should speak? Do I specifically state, “I am choosing to remain silent”? Perhaps you could even include a role play. Thanks!
The way you remain silent is to remain silent. It’s really that simple.
@@GustitisLaw makes sense… I guess asserting our rights is more important than appearing polite. Thanks for ur fast reply & Merry Christmas!!
@@ctrguy9502 Of course. I appreciate your visit, your comments, and your kind words. Merry Christmas!
CTR guy: If you want to not answer questions but appear reasonable, I've seen YT videos on this by other lawyers with suggestions. Like if a cop tries to get you to incriminate yourself by asking if you know how fast you were going, instead of lying and stating the speed limit, simply say "Sorry sir/maam. I don't know. I was watching the road, not the speedometer", as an example.
@@rogergeyer9851 I kinda think that may make it go smoother from the beginning with that attitude, instead of immediately jumping in with 'my constitutional rights say I don't have to answer that question!' That makes cops suspicious.
*> You can always fight the charges in court**
*You can always fight the charges in court _if you have the money_ to do so.
Also, the Supreme Court in the state of Georgia ruled (within the last year or so) that an illegal arrest (at least in that State) can be lawfully resisted. They used a kidnapping analogy.
Regretfully, I am not familiar with Georgia law. Thanks for your comment, nevertheless.
@@GustitisLaw This was covered by Leonard French here: ua-cam.com/video/aT0YdDFWnwY/v-deo.html
And income tax is voluntary
Public defenders are useless.
@@GustitisLawno comment on the “if you have the money” part?
Thank you so much indeed for your time and efforts in posting this video!!
Of course. Thank you for watching.
Just the fact that we NEED a video like this one says volumes about the TRUE intentions of the police!!
A society employs a few to enforce its laws and police it's streets.
Those police then have guns and badges with authority which it now turns on it's citizenry.
You are just another among the recalcitrant ne'er do wells occupying space among folks who are intent on regulated law and order. Without constituted law there is no civil society and without enforcement there is no law.
Police are trained to investigate possible crimes. They are trained to obtain evidence. They are trained to obtain incriminating statements, if they can. But there are laws limiting their ability to perform those functions and citizens should know what those law are for. The police will do what the police want to do. It's up to us to exercise our rights to protect ourselves.
Question: can a cop pull you over when you're parked and already out of the car?
Yes, if they have reasonable suspicion to do so, or your consent.
@@GustitisLaw I thought they couldn't, but I guess I was wrong. Thank you very much.
Sorry to bug you, but I have a part 2 to this question. What if I'm already inside a building? Can he still stop me? Today a cop started following me for no reason. He never had his lights on, so I quickly pulled over the nearest restaurant and went inside out of fear. The last officer that pulled me over told me to fix my registration or the next time I'll be arrested. That was last month.
Yes, the officer can stop you if he has reasonable suspicion, whether you are in the car or not.
I needed this information! Thank you very much for providing it.
Of course! Thanks for visiting and for your kind words.
Thank you for that sir!
Thank you for the information. 👍🏻
My pleasure!
You mentioned that the driver has to produce ID however in a recent encounter of mine the officer demanded mine as well along with medical information (I was shaking and I have a disorder which causes such) was any of this a legal move by him?
If you are driving, you need to produce your driver's license, which also serves as identification. Regarding your medical information, the officer can ask you any question they want, but you can decide whether to answer the question, or not.
Identification can be verbal
Awsome keep going I'm flipping you into Flipboard your vidios will be surprised flip them into Flipboard it goes around UA-cam if it says can't flip keep trying best way is to start new magazine then flip the rest of magazines will accept good luck and God Bless you and yours!
Ok thanks!
Is there an app that records audio / video in cognitive streaming direct to re programme d no. ?
I don't know.
Ty for your efforts. Great content, well done. 👍👏
I appreciate your kind words.
Great video but a few questions
1. What are the instances where the police may search your car without a warrant or consent
2. If they ask you to step out side the car, when are the times you must comply
3. How long can they hold me for if they call for the K9 unit
Great video and loved the information
Thanks for watching. If the cops have probable cause, they can search without a warrant and without consent. If the cops tell you to get out of your car, then get the hell out of your car. They can hold you for as long as they want. However, it's your defense attorney's job to determine whether the length of the wait-time was unconstitutional or not.
@@GustitisLawwhat if you can’t afford an attorney?? Are you just shit out of luck??
NEVER !!! ONLY WHEN THEY PRESS THEIR ADVANTAGE😢!!!
do i have to put my window down when being aproched by police if i feel thertend by him hes hqas a gun i dont
Why would you want to play "chicken" with a person with a gun and the power to arrest you? Your "feeling" is too subjective to work as a bright-line rule. I understand that sometimes people impersonate the police, but those situations are rare. But you always have the right to remain silent and to keep your mouth shut.
Gustitis Law because cops will use a rolled down window in order to claim that smell pot and arrest you. Or they get a better look in your car and claim they see something else. You didn’t answer the question.
@@TheBooban thesafetypouch.com/products/the-safety-pouch
Try this to make you feel safer. I just heard about it and getting one too. That glass isn't so thick that they can't communicate through it.
I know I need to remain silent throughout the encounter, but if I get arrested and get sent to the station, do I have to answer any questions to the processing staff there?
All the information they need is on your driver's license!
You must provide identifying information. You may also need to answer questions regarding a medical screening.
My favorite encounter with a cop:
"You think you're going to tell me the law?"
"Somebody has to."
That is funny. What happened next?
Thanks a lot man this is important information to know as a black person in this day in age
You are welcomed. I'd say it's important regardless of race, creed, or religion. Thanks for your comment!
even for a person of whiteness
is it legally ok to give a donut to the police officer has my source of identification?
No.
Probably not you could be arrested for bribery or extortion on a piece officer
No. That can be said to be a bribe attempt in court
Excellent, succinct, understandable advice. Thank you!!!
Of course. Any time.
Thank you!
You're welcome!
I can be my own lawyer if I learn everything from this channel lol
You have the right to represent yourself. But you will NEVER learn everything you must know to be successful. Please hire a criminal defense attorney.
Court's hate people who defend themselves, they want you to pay one of their buddies to represent you, that's all i will say about that out of respect for this decent attorney on this vid.
In other words You have no rights, I found out detectives could arrest You even without probable cause
The police will always do what they want to do. The good thing about our system is you can challenge what the police do using the judicial branch of government and force them to prove their conduct was proper.
Gustitis Law if you survive the encounter. Thanks for providing this clear information for the public
Thank you for the information
Of course!
I am thinking of putting together a hand book for drivers for when you get pulled over along with the rights or law. A check list of things to say at a limit.
That sounds cool!
What PA vs Mimms 1997 where a PO can command you to exit the vehicle to be searched if the PO feels unsafe. So how do you handle that situation as well as the distinction between a Terry Stop and any other traffic stop.
Who cares if the cop tells you to get out of the car? Are you gunna pick a fight out on the street you cannot win? Let your defense lawyer sort out these details. Just keep your mouth shut.
Thank you
You're welcome!
I live in Canberra Australia and the police don't need our conscent to search our vehicles ☹️, obviously laws vary in different places but I like your videos anyway, very informative 👍
Thank you for watching. I appreciate your kindness and words of encouragement.
Do you know if they need your consent in NSW?
Thank you for sharing this valuable information.
Of course!
Two types of people giving a thumb down: cops and other attorneys.
I understand why cops would thumbs-down the video. But why would other attorneys? Thanks for commenting.
@@GustitisLaw attorneys who compete for business.
@@CaffeAddict I get that. They can produce their own videos, if they want.
I was pulled over for headlamps not in use and unsafe pass on left but they put me in handcuffs during the traffic stop, is that a de facto arrest?
Not necessarily. "Arrest" and/or "detention" may be defined in state criminal law. However, being in handcuffs is probably "custody" for a Miranda analysis.
If i request a lawyer how do i find one in jail? Because i dont have a lawyer now
The court will need to appoint a lawyer to represent you. If you are in jail, I would expect the court to appoint someone within a reasonable amount of time. But the appointment process is dependent upon local procedures. Your county may be different from what I am accustomed.
Your video makes perfect sense, and I understand to do these things to protect me and prove my innocents when I haven’t done anything wrong, but when you say fight it in court. In my eyes this is the problem I spend my money to get an attorney,waste my days away and skip work to attend court, when my charges are dismissed I’m still out that money I spent, days I missed from work and my rights were still violated and nothing is done about the unlawful charges or arrest in some peoples case. When is the Court going to uphold law against the the people who enforce the law but do it illegally??
You make a good point. But here is the reality. The courts do not make decisions about charges, only the prosecutors make those decisions. And the only way you can effectively battle the prosecutors is with a defense attorney of your own. I know it sounds unfair, but you want the best possible outcome, right? Regular people are simply ill-equipped to effectively deal with the justice system. I hope this helped.
the answer is never.whats worse is that judges are not impartial.they almost always favor the prosecution/government,and your word vs the police is nearly worthless.if you happen to have a prior record.....then your word is completely worthless.
@@GustitisLawok but even when you do have a defense attorney, they still aren’t punishing the cop that punished me for no reason
Does this apply for a public setting like a police officer wants to question me if I'm walking for example
You never are required to talk with the police.
My wife got pulled over for a bad tag and when the cop got to the window he said I pulled you over for a bad tag but I just seen it was good can I see your ID, She gave him her ID and it turns out her license had just got suspended and he wrote her a Ticket for no license.. Is it true that because he had no valid reasoin for pulling her over she can get the other ticket thrown out? I live in Alabama to if that helps.
Possibly. A defense attorney in Alabama would need to evaluate the evidence and Alabama law to determine whether your wife has a valid defense. Thanks for your good question!
Quick question. Are the police required to tell you why you're being pulled over before or after they ask for license and registration and insurance?
Thank you for producing this info.
You said, ...if you did something or they suspect your gonna do something”... you didn’t use the word suspect or maybe you did either way the tone I gathered was your saying, police can stop you if they ASSUME you will do something. Is this accurate, you can be stopped based on an assumption?
If the police can articulate facts and circumstances, taken in light of their training and experience, that suggest a crime has occurred, will occur, or is occurring, they can legally stop you.
@@GustitisLaw Everything you just said sounds vague, can you explain more here. You didn't answer his question. It seems assumptions by police are acceptable for search. That's what we are facing within out black communities with racial profiling. This is terrible and unacceptable. How can we petition for this to change. Assumption is not acceptable. We all need protection but this isn't how we should get it. Its like me going shopping black and because I'm black a d shopping. I'm a theif because someone black shop lifted the other day. Whatever happened to good faith & reasonable doubt!!! I'm very upset with the notion that you can do whatever you want to whomever you want because your the police, smh
@@GustitisLaw If they can legally stop you then what next
I was stopped for speeding in a small town in south dakota and I chose to not answer the officers questions and he detained me for about 45 minutes!!! What do i do to avoid this situation in the future?
Nothing. The police do what they want to do. As citizens we simply react to it, usually inside a courtroom.
Gustitsis! Thanks!
Glad to help. I appreciate your visit.
The most important part is to know the laws of the state you are in.. Only about half of the states have stop and ID laws where you are required to ID yourself if asked by LE.. but NOT ALL OF THEM!!!!! The only real protection from abuse is knowledge which you can act upon afterwards
Thanks for your comment. I'm curious what you think places a person at risk of "abuse" by identifying themselves to police? What does it hurt to identify yourself? I mean, the police have already detained you. Why piss them off by failing to identify yourself?
@@GustitisLaw I know there are those that disagree, and in the situation of IDing oneself I am sure the LE would question the logic of my standing...But refusing to ID when you know you legally aren't obliged too, establishes a limit in the part of being "consensual"..You don't want them prying into your life any more than they would want to tell you their spouses brazziere size especially when you know their legal limits..Yes they can "ask" but citizens don't have to just roll over and provide...The "abuse" as you suggest/refer to the powers of LE should come with a degree of respect too... and LE will never respect an ignorant society. This is why we see LE asking the same ID'ing question in many different forms, to questioning the legal education of the victim,( are you a lawyer/where did you get your law degree) to as much as illegal searches ....Now an informed society.... a society that knows the limits... there comes a degree or respect... as well as frustration because they actually have to engage with a knowledgeable/difficult opponent that demands a degree of respect
@@kevinrehberg8758 I agree with your position on a well-informed public. Information is power. Thanks so much for sharing your opinion here at my Channel!
hello. do you have to step out to the vehicle or cop need to say something before?, like "you are beeing detained, or you are under arrest?" if the cop don't say nothing of this and with very bad attitude try to open your door's vehicle ....is it legal?
The police have tremendous discretion in the field. In the field you should do what the police order you to do. Let your lawyer worry about the legality later.
thank you for this information
So if I am living at a different address than the one that is on my license, and the officer asks if the address is correct, can I still remain silent on that issue? I move a lot and I’m not going to change my license every time I move. I’d prefer to just not say a word throughout the whole encounter. Also, if I’m pulled over on the interstate and the officer approaches my passenger side to get my license and registration, what are my options. I’ve been told I only have to open my window far enough to pass the documents through, so how does that work if the officer is at the other window?
You don't need to tell them jack shit
If you are driving a vehicle, the officer is permitted to inspect your license and registration. In most states, your DL must state your current address, which is part of the identification process. Why are you afraid to roll the window down all the way?
Hello-my son had a felony in Florida in 2011, he now lives in Texas. Can he have a firearm in his home/vehicle despite the felony and time that has elapsed? Also, is a felony ever “expire”? He is now a father and is a Chemical engineer (grad in 2017) if that has any bearing. Thanks
I wish I could give you specific advice about this matter, but I simply cannot give legal advice on the Internet. The chances of something going wrong and me getting blamed for it are very high. Consequently, I simply refuse to give viewers advice about their specific case. I wish I could do more.
Simple and to the point , I hate those videos that are 20 min long but get less info than something like this one. Thanks
Thank you for sharing such important & informative information…Wishing you much love & kindness for looking out for others..
You are so welcome!
I have a question: If I have a passenger or passengers in my car at the time of the police stop, what are their rights as distinct from mine with regard to orders to self-identify and to produce identification papers (and car registration papers for any car or cars they may own (unrelated to my car which is the one that has been stopped of which I am the driver)?
[Denver, Colorado]
I have no idea without a thorough understanding of the facts and circumstances surrounding the case. Further, it's impossible for you to supply them since you don't know what the police claimed to know. Thanks for your question, nevertheless.
Great stuff, please continue the content!
Thank you for your supportive words!
If I'm talking to the cop from my drivers side window and he wants me to put the passenger side window down do i have to put the window down
Sure. Why would you not want to follow their instructions?
At 4:55 you mentioned asking for a lawyer immediately, if you are arrested. How would that look like? Are individuals expected to have defense on retainer or would a lawyer be appointed to them while detained?
It's probable best to hire your own defense attorney. In that case, you get to choose who is working for you. Keep your mouth shut until your attorney speaks with you.
thank you@@GustitisLaw
If my car smells like weed will I have to consent to a search or can they do it without permission? I'm in Illinois
Do not consent to anything! However, if they smell weed they can search based on probable cause without your consent.
@@GustitisLaw what if your car smells like fresh car scent and the officer just want to be nosy and you have a witness in the car that it doesn’t smell like weed ?
Thank you for making this video there were some things I had not known so glad that I know have a better understanding. Keep making these types of videos they do help people.
Thank you!
Appreciate your sincerity
Respect is earned not given I have no police records or trouble with the law
However the current state of the overall police presence to the public is shameful
Most don't care about 'rights'' an rather enjoying making your life hell
The whole mindset and system is highly corrupt with no positive change in site
There are certainly instances of genuine police misconduct. That's what we are fed on the news. But the news never reports the millions of fair and proper encounters between the police and the public. Remember, the police know what your rights are, but they are trained to investigate alleged crimes by side-stepping a person's individual rights. It's the public's responsibility to know, understand, and properly exercise their rights. It's not the police's job to help them. In that respect, the public must bear part of the blame. Furthermore, it's the defense lawyer's job to identify the violations of their client's rights and take action to suppress the evidence obtained. That's what our Constitution permits us to do. Again, it's not the police's job. In any case, thanks for your appreciation.