Talking to Police
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- Опубліковано 24 лип 2024
- In this video, David R. Payne discusses what you should and should not say when talking to the police. It is very important to understand how what you say can be used against you, and how to guard yourself against this.
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My grandfather told me an old saying "you can't catch a fish if the fish keeps his mouth shut." There's a lot of truth in that quote.
You can use a net, you can use explosives. It works.
except that's changed. see my OP.
ugh but you still need to tell them what youre legally obligated to tell them and show them your id/license when requested. if youre stopped just for traffic show your license. if youre stopped for drug possession show your id. dont lie there can serious backlash for lying to a police officer or sherrif.
@@jarrodyuki7081
Yes, if you're stopped for a committing an offense. But in that case to avoid the more obtuse of us from saying NO or starting a heated debate about why they should show their ID, it is only manners and good procedure for the cop to tell them that they have been stopped for a traffic violation or worse, albeit that it may well be silly to yell some mass murderer that you have stopped him for his killing spree, but that's where their right to lie comes into justifiable play. There again. what has manners and the care for procedure got to do with policing in America anyway.
@BelizeHD sooo he was caught lol and killed by the mobsters
Everyone Has the Right to remain Silent.....Few have the Ability
mike85364 lol....yep...the first thing we want to do is start blabbing..
ua-cam.com/video/dHufE4u7riI/v-deo.html
fuck you!!! ill say anything i want if i have nothing hide!!
@@jarrodyuki7081 yer an idiot.
not really. see my OP
A woman in my area got pulled over by the New Jersey State Police she followed their orders but never uttered a word she was arrested for failure to answer questions she won a $30,000 lawsuit against the state
$30,000???? That’s nothing, that’s a small settlement her entire case could have cost that easily. Sounds like NJ. One of the most corrupt states in the union.
I am a retired Deputy Sheriff with extensive experience in DUI cases. This is an EXCELLENT video with EXCELLENT advice!
Never, ever say anything than what is required to the police on a traffic stop. Never, ever volunteer information about yourself. This tends to confound cops because they are not trained what to do if you refuse to answer their questions. Their training is all about taking and remaining in control, so you must anticipate the possibility of a negative response once you refuse to incriminate yourself by answering questions.
Do your absolute best to remain calm and as polite and respectful as possible! Do not argue with the cops. You aren't going to win any argument's on the street! Cops are not required to be truthful with you, so it is imperative that you know the laws of the state in which you are driving and that you understand our United States Constitutional Rights. I advise always carrying your own copy of the USConstitution, but hey, that's just me. Don't bother trying to correct or teach Cops the law. That usually just devolves into negativity.
Do your best to keep your cool, follow orders, ask for clarifications if there are any doubts on what you are ordered to do. Only answer required information. And as suggested in this video record the whole traffic stop if at all possible.
Good luck and just remember, call a friend, taxi, or uber and just avoid the whole hornet's nest of problems if you're out and decide to have a couple of drinks. DUI's are extremely expensive and can alter lives permanently. God bless!
"...remain calm and as polite and respectful as possible!" LOL You're kidding, right? These cop-hater punks aren't going to show ANYONE respect unless it's someone selling them drugs. ROFL!
Man this feels so wrong. In Europe most countries have zero tolerance. You get a breathalyzer on the spot, no questions asked. Any alcohol level? You are guilty. To be fair, I don't mind having such strict rules. Just don't drink and drive - it is really not that hard. :(
@@markmalasics8413 Then clam up and remain silent....like my advice to you now.
A анонимный also in Europe (or most of Europe anyway):
You don’t have freedom of speech.
You don’t have the right to carry a firearm for protection.
You don’t have the right to remain silent-refusing to speak can be used against you.
You don’t have the same rights against unreasonable search and seizure.
So, thanks but no thanks I think I’ll take the American system any day.
Also, just because you’ve been drinking does not mean you’re impaired so the whole nonsense of “if a breathalyzer shows you have alcohol in your system, then you get arrested” is an injustice.
@@alexblaze8878 I know of two different cases where the subject/suspect was able to delay the use of the breathalizer..One of them was telling the LEOs they just burped (not to sure about that one) or so he said afterwards)) ..The other was a Prosecuting Attorney of Yakima county WA. about 8-10 years ago who questioned the testing equipment's standards and how recently it had been tested and verified
I’m In law school and I advise everyone to invest in car cams, one that faces forward and the other that faces the driver side while window.
What about a rear one?
@@ppumpkin3282 the more the better
I have cameras all over my person and the car.
Cam helmet
Cam pen in a t-shirt pocket
Built in cam in my Levi's
Cameras on every corner of my car and one 360 degree cam on the roof including 3 underneath to record the officers shoes. It's been 12 years and still waiting for a cop to abuse his power, perhaps I should be belligerent and violent maybe that'll get the officers to show their true colors and abuse their power. Fingers crossed. 🤞
@Andrew Rai given that you are in law school and haven't passed a bar exam, I would advise you not to give legal advice at all
J Simmons it’s common sense advice you idiot! He may not have passed the bar exam but he probably has taken criminal law classes and so knows a lot more about the law then the average citizen. He never said he’s an attorney.
I once asked an officer why I was pulled over. He told me that they were doing random drug stops. (It was a northbound highway that is commonly used for trafficking.) He then asked if he could search my car. I said no. He tried to claim that he now had probable cause and that he was going to search my car without my consent. I again asked why I was stopped and then asked the officer to explain what "random" meant. He went back to his squad car, talked to his partner, came back to my car, and told me, "you're free to go."
You have guts
you got lucky
Jesus fucking christ........the same happened to me years ago. They were randomly pulling cars over and searching vehicles
@@ronaldmead7643 how?
@@critical_thinker73There state could allow these stops just like DUI stops. They could have forced him out and searched the car but did not for what ever reason. It is up to the officer depending on how the person is acting. It is called discreastion
"Officer, I can't answer any of your questions because I don't understand the legal implications of your questions without the advise of an attorney. Boom-bada-bing...
Oooh I really like that one.
🙈Thats an RKO bro... thats like literally letting him know that, dont even bother asking again lol
*Well your doing exactly what he said dont do!?! He is a lawyer so i think his advice is not only better, but he has experience and credentials to back him up! DONT TALK!!!*
Hells yeah absolutely!!!
Ezekiel 25:17 if the cop arrests you in these circumstances it won’t be because you shut up. It will be because the cop has other supporting evidence other than your self incrimination, which is very rare.
Most the time the only one with first hand knowledge is YOU! The rest is hearsay.
So shut the F up. Don’t testify against yourself.
Many people talk when nervous. I have been guilty of this. My uncle is one of the best criminal defense lawyers in the history of Central Florida. He has said to me that I could talk my way into trouble. His advice to everyone is, "never under any circumstances have any conversation with any member of law enforcement."
*BEST ADVICE IVE HEARD FROM AN ATTORNEY, THANK YOU*
When approached by police, or ANY government official, I have told my loved ones to respond in one way only.
The supreme court has put the burden on the individual in that your rights are not protected unless you INVOKE them.
Recently my son was pulled over in a traffic stop. The officer asked for his license etc and then asked "Where are you going today" to which my son answered, (remembering my teachings) "On the advice of counsel I am invoking my rights protected under the First, Fourth, Fifth, and Sixth amendments of the Constitution"
The cop stood with a stunned look on his face before saying "HOKAY" and returned to his car.
The ticket was a "fix it" citation and my son went to the DA and had the charge dropped. The DA then told my son, "The officers report says that you immediately invoked your rights. You're a smart man."
One other thing, and this should go without saying, is that you then SHUT UP.
Oh, and if you ever find yourself in a situation where they ask you to come "downtown", refuse. The ONLY way you should be brought into an "interview" room is in handcuffs, buut invoking your rights will pretty much put the breaks on it because it would serve no purpose to take you there. AND it doesn't matter if you are guilty, innocent, victim, or a witness. You NEVER, EVER, speak (that means keep you pie hole shut) to police without a lawyer present.
I've been asked "Why do you include the First amendment in your statement?" Because you can say things like "I gotta go pee" or "I'm thirsty" because it is not related to the investigation.
With all due respect, officer, I'm going to exercise my right to remain silent."
What ?
@@ariari4133 What what?
@@Galantski ja ?
@@Galantski Hier gaat het allemaal anders, hoewel de overeenkomsten !
Because I am deaf call my attorney here is his card. You call. Thank you. If he becomes aggressive normal thing ok for heRING PEOPLE shall become evident you may win lot's of money. So far new house and car from CALIFORNIA!
I remember when I was young and stupid I was driving home late after work and was going to go into a sonic and get something...but then I saw it was closed and swirved a back....well a cop pulled me over. It went exactly how you said, I had 1 drink over the span of 4 hours at work at the bar and he got me out and went through the whole ordeal, breathalyzer everything. I of course was fine and after it all he goes "Why were you swerving back there?" I told him I was hungry and was going into Sonic, but saw it was closed. He started laughing and said "Are you shitting me? I thought you were just making up all that stuff about work".
It was an interesting experience, but pretty much exactly what you describe in this video.
Never take a field sobriety test, esp. at night. There is NO officer on the planet who is competent to evaluate one's neurologic status. This is esp. true of the elderly who will be expected to have elements of cerebellar dysfunction not due to impairment related to alcohol or other drugs. But you must take a blood test and your lawyer should be present for it if possible.
Thank you for taking the time to post this video.
I don't think that most people know how to interact with the police.
I believe that they think that talking to the police will make everything better.
The truth is in most cases it gives the police the ammunition to arrest you and make their case stronger.
James Farrel
You wrote, and I quote: " I don't think that most people know how to interact with the police."
So I ask you, If you "Don't think" How are you able to arrive at any conclusion without thinking?
Had you been better educated in th eEnglish language , your statement would correctly be:
I believe that most people don't know how to interact with the police.
Canyou now see the difference between the two statements.
Learn that being gramatically correct is critical when making statements that apply to Law.
Common street English is not applicable in law as it has totally different meanings and interpretations.
Do everything you can to learn "Legal English' It is critical.
Schools do not teach it because you are not meant to know it.
@@andrew_koala2974 you’re one to talk, LOL! Jesus Christ, your English is just as broken, idk wtf you’re trying to say with your atrociously spaced punctuation
Thank you for this public service.
I know this advice of not talking to be absolutely correct . I lived through a bad ordeal with California's local governing authority in 2005 . The thing that detoured a life plus exposure for their railroading attempt was the simple act of remaining silent . (that and the magic motion of waiving continuous pretrial so the entire prosecutions memories failed and impeached) . Its good to see that there are people that are attempting to help America . The general public doesn't have a clue . But they try to make themselves sound justified when they are simply self proclaimed . Those who don't agree have never lived it . And I hope the never do . Thank you for the posting . Be safe and GOD bless .
5:33 "The state of North Carolina.." This video is for North Carolina residents. Be careful, not all laws and procedures are the same in every state.
The 5th and 6th amendment apply to every state.
But the specifics he emphasizes Only apply to North Carolina. Each state has its' own laws. Know the laws of your state and those were you travel and do business. The best legal advice is to not do something stupid, dangerous or illegal in the first place. Otherwise, only the lawyers really benefit.
The fifth amendment of the constitution applies to all 50 states, however, and that is the best advice; don’t answer questions.
Never admit you’ve had alcohol!!!
ethanol is fine though with a some spaghetti
May we politely suggest the following de-escalation for remedy?
THE TRUST IS COLLAPSED....in other words, your company is no longer granting them any more credit.
If the policeman is not lawfully investigating the crime on behalf of the male/female victim and is entering YOUR company jurisdiction without you summonsing them, then would it not be advisable to be politely placing YOUR public-servants/trustees under your notification that your company is charging $707 per hour/part-there-of for YOUR company time and also $717 for YOUR company performance?....and that any further communicating (verbal) and/ or corresponding (written) with your company, is with them accepting the terms & conditions of the commercial contract IN THE PRIVATE (the cop and their CHIEF and their POLICE UNION is now with PERSONAL liability.... because Notice-to-Agent-is-Notice-to-Principal....and also through JOINDER....and they also lose their qualified immunity)
This way, you are NOT resisting/refusing to obey/comply with their orders/demands/policy /questions, but instead, you are now willing to perform WITH THE CONDITION that payment is with your company immediately, because you have NO CONFIDENCE with them administrating YOUR company trust!
THE PUBLIC TRUST IS COLLAPSED...Why is YOUR company issuing them extra credit! Are YOU not the executor and the beneficiary of YOUR trust?...making them the trustees, whom are with their fiduciary obligation and duty-of-care to be NOT causing you injury nor damage nor loss nor harm.
Is THEIR job YOUR job? Is THEIR company policy YOUR company policy?
not unless and until they are PAYING for your company time & performance
THE CONSTRUCTIVE TRUST IS COLLAPSED...YOUR company is no longer performing free-of-charge!
You may be willing to pursue the matter through the small-claims-court and/or through arbitration which is held in-the-private because PUBLIC court is only for the PUBLIC servant.
YOUR TRUST FUND IS NOW WITH RESTORATION....YOUR company is now making money from every encounter with YOUR public-servants because the days of doing something with your trustees for free are over.
This will invole SOME talking to the police....for YOUR benefit.
PS-Be the BUSINESS man with the public-servants.....NOT the victim.
@TheMrMarple
Thank you for your kind reply.
...and you are right because it does depend on the individual.
Some people have found that it may be best to place your public-servants/trustees under notification of the terms & conditions of commercially contracting with you. This way allows your attornee to have SOMETHING to defend at court (or before hand) on YOUR behalf.
Others find that they may not wish to attorn (verb-to hand over, to give away, to acknowledge a relationship between a Tennant(YOU) and a new Landlord(JUDGE)
may NOT be beneficial to their business interests and fend for themselves at court (and/or before hand)....after all, if you are NOT the public-servant, then YOUR business is in-the-private)
With every good wish and good will.
@@millsbomb007 cute
@@mccabeianenator thank you for This information!
This is some of the best advise or guidelines ive had on this topic.
It is a shame that we have to protect ourselves from the police at all times, their training these days puts them at odds with the public in almost all situations.
As a former deputy sheriff in Michigan, I concur! My coworkers were (many but not all) not good people. No one you would want to have a friendship within no one you could trust and no one who would be above fabricating evidence, mis remembering your statement or getting physically violent. My suggestion is to be VERY respectful and follow instructions to the best of your abilities. Good luck!
Smoochy Pooh that doesn’t reflect very well on you or on corrupt police
NY here.....Agreed...My co-workers were mostly low lifes, I left after 10 years, couldn't take it anymore.
Just Obey!
@@davidtrindle6473 - The fact that she quit the department engaging in that behavior actually reflects VERY well on her. It takes courage to leave a stable job.
Thanks for sharing, but do you think your community/state would’ve been helped more had you reported your co-workers rather than posting a comment t about it after the fact? That’s like a former Nazi thinking he’s morally superior because other Nazi’s he knew committed horrible acts and he did nothing about it.
Thank you, Mr. Payne. I appreciate your advice.
this guy is spot on. Lawyers are the only ones EDUCATED in law...most cops have a 6 or 9 wk certification like a boy scout field trial on steroids. I have always complied fully...but it seems now more than ever enforcement is out for monetary gain.
people tell me all the time the cops say that I can do this
they can't understand why I say cops don't know the law
Mischievous Emperor Great info, thanks.
I don't know, it seems as if the cops are out for blood these days. I have had some really awesome interactions with a few cops even though I had broken the law and they carried me to jail. Even had one cop that after pulling me over, went in the store I pulled into and bought me some cigarettes. With my money of course. Then when I got to jail I realized my lighter was in my vehicle and he went through the jail and outside looking in all the patrol cars till he found one for me. I won't say the charge but he dropped it down to a lesser offense and to something that didn't even involve driving. Unfortunately though, it seems as if cops nowadays are being evaluated to make sure they have no compassion and will go about punishing or slaying the public like programmed robots taking orders from Dr Evil. There was a friend of mine whose 80yr old grandmother broke down on the highway. Instead of helping her, he told her if she didn't get it off the side of the road he would have her car towed. Where is the "serve & protect" they advertise on their cruisers? I thought there was a law against false advertising and the old "bait & switch" gig? You call them for help and end up dead or in jail. If that's not bait and switch, I don't know what is.
Marcos Harrod Lmaooooo
First off a Lawyer could be EDUCATED in civil law (business contracts and the like) and know nothing aboutcriminal law. Even those who know criminal law can may only no how to argue those laws in court and verylittle about how a Police Officer does his job of enforcing those laws.
Once I was stopped at DUI checkpoint, the officer asked me have I had anything to drink tonight, I said no, then he asked me where I come from and where I am going, I told him with all due respect officer that is my business, he said thank you and let me go. Like the lawyer said never get involved in discussion or argument with a cop. The other point that is very powerful is to ask the officer are you being detained and for what, he has to make a decision very fast what to do with you. Special thanks to Mr. David Tane (sp) for posting this video.
Literally the best advice I’ve ever heard on this subject. Thank you
Thanks for the advice. I can go out and get pissed out of my head without worrying now. I'll give you some advice in return; stay off the roads between midnight and 1.00 AM when I'm trying to drive home.
Excellent advice, although i would be very reticent to start questioning the cop. It’s great if you are an attorney and are skilled in adversarial situations, but for the averageJoe, who may be able to recite all the right things AFTER the encounter, will probably fumble his words and quite possibly incriminate himself while debating with a cop, who does it all day every day. Best advice is just don’t talk at all. Even then its very difficult to remain silent when the cops are doing everything they can to trip you up and make you think you’re going to jail if you don’t talk to them. Also d, don’t fall for the old ploy of ‘just tell me what happened and ill let you get on your way’. They are not your friend nor do they have any intention of letting you be on your way. From the moment they contact you, they are collecting evidence to attempt to arrest and prosecute you.
exactly, as soon as the first word leaves their mouths, the pen is all ready on the chargesheet paper.
Thank you as well as all the other attorneys for posting these great videos.
When you talk to an attorney to help defend you, the FIRST question that the attorney wants to know is, what did you tell the police. The words uttered out of your pie hole, to the police, are what makes the attorney’s job defending you the most difficult.
Excellent Constitutional Rights discussion and lesson. Thank you sir!
thank you, david. very informative stuff that every citizen should know. you're doing great work. please post more videos of constitutional awareness.
Opposite side of the same coin: if a cop asks “do you know why I pulled you over?”, the (honest) answer is ALWAYS “No, I don’t”. Why? We don’t KNOW why they pulled us over. Even if we were going 10 over or blew a stop sign or whatever the case may be, we don’t know for sure that that’s why they pulled us over. However as soon as you say “ yeah, I was driving 68 in a 60”, you have confessed. Then they have you for that (AND potentially for anything else that they pulled you over for).
“yes, officer, I was driving 68 in a 70”
“ no, sir, the reason I pulled you over was because you have a tail light that’s out and your tabs are expired,”. Now they have you for all 3 offenses.
So......in conclusion:
1) don’t talk
2) if you just can’t control yourself and you decide you must talk, then the HONEST answer to that question is “no, I don’t know why you pulled me over”.
What’s the weather like? “You should ask my attorney!”
What scares people into talking is the fear the officer MIGHT act indignant by your unresponsiveness and say to you, “Okay I’m taking you in! Get in my squad car!”
Yep! They’re tyrants!
Many people don't realize that field sobriety tests are voluntary. It's never in your best interest to take one.
They're designed so that even the soberest of people would have difficulty passing them, which gives police an easy reason to arrest.
I only rarely ever have a police officer pull me over on the roadways but, when it does happen, and I've done this for years now, and they begin asking me a bunch of questions I simply ask them "how much is that information worth to you?" inferring that if they want information from me then they have to pay me and if they're too cheap to pay me what I think is a fair price for the information they want then I don't owe them a damn thing.
I also have some magical questions that I ask them that, for as long as I've been asking them, have led to the officer nearly always ending the encounter with the words "Sir, you have a nice day" and I absolutely love it when a plan comes together.
EXTREMELY HELPFUL information. This kind of information might have helped the defendant, albeit minimally, in the Jeena Roberts case since she kept talking and talking.
This man sounds like he knows what he is talking about.....Well he is a lawyer, Thank You For Your Sound Advice!🤔
Never talk with the cops, EVER. Even after obtaining a lawyer. Any questions can be directed to your lawyer. You tell your lawyer. And the lawyer answers. Never talk with ANY law enforcement. That includes the D.A. , prosecution, or whomever. Refer all questions to the legal buffer you pay to be your mouthpiece.
In case it is not clear. SCOTUS even said it. NEVER talk with law enforcement.
And if you don’t answer their questions then you’ll be on a first name basis with your lawyer because the cops will always punt you for your freedom. They get paid to destroy the citizens and ignore the criminals.
What an EXCELLENT and enlightening video! Thanks!
the best way if you see check point ahead and know the route around it to avoid it even if you're pure sober.
dont self snitch
Great comment and so many people do this. Hell I'm guilty too.. . .lol
Rap snitches tellin all they business
I was stopped for speeding once. The cop asked "Do you know why I pulled you over?" I said, "Please tell me." That added a slapped on "changing lanes" for an extra, over 200$, to the speeding fine.
The only thing this stranger behind a keyboard would like to add is to make certain you go out of your way to be polite. In however little you choose to speak (and you SHOULD speak VERY little), make sure that it's said in a respectful, deferential tone without the slightest hint of sarcasm or condescension. Even if you have no respect for the officer who stops you and he happens to have been a complete jerk during the stop, BE POLITE. It's entirely possible the exchange will be shown in court and you want to be legally AND morally blameless. Swallowing a little ego goes a LONG way. (Not that Mr. Payne ever implied any other behavior. My comment is purely additive.) This is an informative video and I appreciate Mr. Payne's time in sharing it with us.
Thank you for this very helpful and educational video, now I know who to come if ever need a Attorney.
"I am sorry officer, but anything I say cannot be used to help me and anything I say can and will be used against me." - BAM!
I tell them, I haven't drank alcohol in years officer ! And hope the beer I just Jamed under the seat doesn't spill over, lol !!!
Good advice for citizens here in the UK too. Thank you.
“Look, Officer I’m not here to play 21 questions with you. I have somewhere to be and you’re keeping me from where I need to be.”
Thank you sir for the information! I have drummed this into my children's head since they were small! I have forwarded this and others of your videos to them! I was a law student at Columbia and have told my children this over and over! Be polite. Comply. Say nothing!
My 'politeness' at the time of them pulling me over, questioning me or interviewing me will be me saying nothing.
Using your phone: Warning, this is an offence for the driver in many places, even if stopped. You must be legally parked to use your phone. Filming the police is not an offence, using your phone while in your car at the side of the road may well be.
Use a GoPro, or dashcam. Not a phone. Or get a passenger to film with the phone.
Thanks for the advice.
77gravity
But Your honor at the time my phone "identified" only as a camera.
It's not an offense anywhere if it is used during a actual police stop🤣. And you are legally allowed to pull over and take a call off the road in all states
I just turn the camera on and prop it in the cup holder
where?
I wouldn't even ask, "What did I do wrong?". Rather, I would phrase the question as, "What are you accusing me of?"; "What are you alleging that I did?"; etc.
Oooh so he mistakes you for one of dem intelecktjugals! Schmaart..
wonderful and clear information, thank you so much for taking the time to do this type of videos, they are extremely helpful, and coming from someone like you gives me the confidence to act accordingly if i end up in those circumstances, which it's a matter of time, really, but I've got your point you're trying to really get across,
SHUT MY MOUTH! when it comes to talking to the police, 0 chit-chat with them, and I'M THE ONE MAKING THE QUESTIONS, BE POLITE OR RESPECTFUL, and to NOT consent to anything i don't have to.
THANKS AGAIN SO MUCH, i truly so appreciate it.!!
How checkpoints are constitutional is beyond me.
The Constitution died at the Supreme Court.
Rob H. Federal law supercedes state, so federal agencies such as the border patrol can set immigration checkpoints based on the supreme court decision.
Rob H. I'm sure that's true, at the same time, most of the states you listed have immigration checkpoints.
Rob H. No, interior checkpoints.
Rob H. Yes, immigration checkpoints. And that's 75 air miles. An example of one is the San Clemente checkpoint in California. On interstate 5 in Orange county, approximately an hour and a half drive north of the U.S./Mexican border.
The very existence and necessity of this video and others like it is testament to the burgeoning police state we are living in.
right. one question after another like , how long have you lived here , why are you here, why do you have an out of state id, where are you going, when they have no proof of any crime, there just working there area and checking things out. I was like when will this shit line of questions end and at the same time, crap if I don't answer this or that question they put the burden of guilt or possible arrest in the equation. all the while she says she just wants to make sure I'm not breaking into my storage unit while the fffing open lock is on the hood of my car and there is no damage to the storage unit door. she says she needs to make sure this is my storage unit, all she does is ask stupid questions and run my drivers license over her radio. No mention of the storage unit to the person on the radio or storage unit number, kinda hard to verify its my unit without that info right? guess she was trying to meet some quota. Freedom , what the hell is that?
Nah, it’s been like this since they handed out the very first badge. The job attracts people who like these power plays. Period.
Thank you for your balanced & honest advice
Tuning in from northern Los Angeles county...
Excellent content! Thanks for sharing!
It was written 230 years ago because you were beaten until you confessed. It's lasted this long for a reason.
You only say one word: "lawyer".
Don't even talk to the police with a lawyer present. You are not required to participate in your prosecution
excellent. another person aware of the train wreck otherwise known as _Salinas v. Texas_ . www.stloiyf.com/blog
One thing to understand people is that you have no legal obligation to answer any questions posed to you by law enforcement. That is clearly etched in stone by the US Constitution.
Thank you for this info! God bless!
When the officer says, "I detect the odor of alcohol," then respond, "OK, interesting. How much have you had to drink tonight?" *REMEMBER:* *YOU'RE* in the driver's seat. *YOU* ask the questions, not the officer.
6:17 Bad Advice (or at least how it was phrased)
It's one thing to ask, but the officer is under no obligation to articulate to you, why he pulled you over. The only person that he has to articulate that to, is the judge. This advice is what leads to unstable drivers yelling at officers "you have to tell me! Tell me! You have to tell me why you pulled me over! Why did you pull me over?" And eventually leads to a disorderly charge.
It's one thing to ask, but if you don't get an answer, you are legally not entitled to one, until later in court.
He just said to ask. He never said anyone was owed an answer.
Thanks for the video. Good to hear one from my home state. So many folks comment on these type videos with general across the board statements that "this is the law" or "that is the law", blah, blah, blah. Knowing full well that every state has different laws. Shouldn't,, because we all fall under the same federal constitution but we are. Thanks again for the video.
Generally speaking, you are not legally required to take FST tests, regardless of how many times an officer may ask you to do so.
Horizontal gaze nystagmus (HGN), Walk-and-turn (WAT), and One-leg stand (OLS)
55 cops disliked this video
Eddie Vamp AT LEAST 55.
Hahahaha
This former cop liked it immensely. The attorney was correct in every respect, however I would never get into a conversation with police at all. Remember, they are not your friends. They used to be years ago, but not now.
@@alexp3752 that's a shame, wish sheriff Andy Taylor were still the norm.
Up to 285
The "system" is a black hole. Once it has got you for one thing, it will get you for another, until you are in jail. The first step to avoiding this is to never have contact with police officers. I haven't spoken to one in at least five years. And that time it was when cop came into the place I was working and asked "who wants to get locked up?" To be fair, it was a NJ cop, where it is often fashionable to be brutally sarcastic.
Good video. I don't know about North Carolina, but here in Maine a person can refuse to take those little breathalyzers and sobriety tests, but they need to take the large breathalyzer or a blood or urine test.
great advice - not certain you should be suggesting what you might have done wrong - never give the enemy ideas for free
The police will never put anything into their report that will be helpful to you avoiding being charged.
If you lie to a cop, that's called obstruction of justice.
If a cop lies to you, that's called Tuesday.
@ DRP and community…Thank you for the refresher course. Yes the 5th is a very precious right. 🤔❤️❤️🩹🌎✊🇺🇸
Clear distinctions in most jurisdictions, between answering questions, which you can reply you are not obligated to answer, versus complying with legal requests, such as providing a license, proof of insurance, stepping out of the vehicle, submitting to a sobriety field or breathalyzer test - refusing to comply with any of these can be legal grounds for your immediate arrest, and driver's licenses already have your written consent to such tests as a matter of record. His North Carolina specific half hour to wait for a witness refers to specific statutory criteria you and the LEO must conform to, as previously established by law, and your legal obligations for behaving are distinct from refusing to answer questions. Asking politely, "What would you like me to do," will make you look a lot more compliant on the bodycam or car video later on. Even if the officer is a bastard, this question shows you a deferential, willing to follow requests, compliant, rather than hostile, antagonistic, resisting, etc. behaviors that can be construed as preludes to assault, or other vaguely escalating actions that justify his/her use of greater restraint, and so on.
Thanks David. Especially these days, man it seems like this country is becoming a Police State. Good day Councillor.
What about those of us who really don't drink. Isn't it okay for me just to answer "No, I don't drink"?
yes of course.
i think its better to not answer at all...they can use every single word and molecule against you, even if you are innocent.
Please watch this
ua-cam.com/video/d-7o9xYp7eE/v-deo.html
I say yes. You never have to answer any questions asked by police - ever - but it's probably a good idea to tell them "No", or "No, I haven't had any alcohol". This puts the ball back in their court. Refusing to answer the question instantly raises suspicion, marks you as uncooperative/defiant, and will likely escalate into a confrontation.
The goal is to get out of this situation as quickly and easily as possible.
Once you've answered their first question - if you choose to answer it - you should cordially and politely inform them you're not going to answer any more questions. You could say something like "On the advice of counsel, I respectfully decline to answer any more questions.", or "I'm not going to answer any more questions".
If they press, remain firm, and later (in the words of an attorney I have a great deal of respect for) "be rude if you HAVE to".
Great video with great advice. Thank you!
Excellent advice /knowledge
North Carolina allows you to call a witness for your FST... do any other states have that provision?
Why not refuse to take the FST in the first place?
I dont know. Its a good way to stall for time. Maybe you'll be less drunk by then.
UMMM....not quite. You can request a witness only for your breath test [Intoxilizer]. And they have to be there within 30 minutes. You have no "right to a witness" for the SFST's.
BUT...yes. You can refuse to take them. Just remember though that everything and anything the officer can observe while dealing with you can be used as evidence. The officer can use any sense, sight, sound, smell, touch, taste, to gather evidence.
Let's say for example that you really just had 1 beer but your buddy bumped you and you spilled have of it on yourself. So you SMELL like maybe you've been drinking a lot. You're sober. Is it not better that you preform the SFST's which are most likely audio and video recorded and will show to any judge or jury that you weren't impaired instead of refusing them [as most lawyers advise], being arrested, and then refusing a breath test [again, as most lawyers advise] and having to go through that process and HIRE AN ATTORNEY to help defend you and work through the process of getting a limited driving priviledge or getting your license restored.
Talk or don't talk. Take the SFST's or don't take them Refuse the breath test or don't. It's all up to you.
Obviously, there has to be a reasonable time limit for getting a witness for a FST because your body is destroying evidence as you stand there. Of course the officer is still observing you the whole time including being within earshot as you call on your phone.
Knowing that the police are listening for slurred speech, how do you "say nothing" without saying anything? Does a card saying "I don't answer questions" work?
***** : Yeah, it would. Or _should._ (Courts don't always uphold the constitution, unfortunately.)
Captain Quirk Which is treason of oath....
+kurtis durfey yes if your mind goes blank, just pull out a card and hand it to them, just so long as you keep your mouth shut. Do not be a witness against yourself. Does not matter what they say. You can also write down that 'I do not consent to searches'.
WELL THE REASON I BELIEVE THE COURTS DONT UPHOLD THE CONSTITUTION .. IS BECAUSE THE CONSTITUTION HAS BEEN SUSPENDED SINCE LINCOLN SO OUR LAND HAS BEEN UNDER MARTIAL LAW EVER SINCE .. the courts are military courts here is a nice little link
www.bibliotecapleyades.net/sociopolitica/master_file/martiallaw.htm
keystoliberty2.wordpress.com/tag/u-s-still-under-martial-law/
kurtis durfey yes, a good lawyer, like mine, his business card will have a short concise message to the police printed on the back. You simply hand that over with your license and registration if your bring pulled over in a car. If you're on foot or other wise not driving, then just the card
Saying no to the question if you had drinks is unlikely to hurt you.
You can always refuse to answer subsequent situations.
Well, here where I live when I stop at a road block and get asked if I been drinking, I *look at the cop directly in the eyes* and say no. He'll say 'fine, on your way'.
“Officer, I’m scared for my life! You have many weapons on you and I don’t want to get shot.”
Cop: Please watch less CNN.
I think the police keep whether you're under arrest a little vague to give you a few minutes to seal the deal...
Its good to educate also the public, not only the police for dealing with situations. So one can co-operate then by the right way if one wants.
Thank you for the video. I never did like the other guys videos that tell you to just say nothing and stare them in the face
That sounds really good...but I am still black how does that work.
just curious.. if you haven't been drinking and you answer "no sir" then how could that incriminate you?
That by itself wouldn't incriminate you, but if they get you on DUI anyways, now they can charge you with DUI *and* lying to police.
A false positive drug test would make it appear as though you were being deceitful
It can't. He only wants you to get arrested so you;ll hire him. It's all about the money.
Because one question leads to more questions, and if you answer one question and then refuse to answer more questions, it looks like you have something to hide and will prompt the police to investigate further.
Not necessarialy "about the money" I have several criminal defense attorneys in my family and they ALL tell me the same thing... NEVER talk to any government official who is asking questions by yourself. And after hearing a few stories over the dinner table, I concede it's very wise advice, whether they're wanting your money or not!
This video is seems helpful, but does this apply in Canada and other english common wealth nations ? other than the U.S.
I have noticed that the U.S. have alot of these videos, but seems none available in Canada, and other english common wealth nations.
first off, i gotta say this guy is a good if not great lawyer. His client admitted to "three drinks" and he overcame that. That's respectable.
Second off, i'm from Boston and always heard how the South hates us. And watching this attorney speak and his southern mannerisms i can see why. We are so different. But South Carolina is in the USA and i will fight for her if i have to. She is a member of the US of A.
First rule never talk.
Second rule never talk.
ya see i agree with your advice
100 % now I worked side by side with police everyday for 37 years as fire and ems
we joke all the time. now that I am retired
if I get stopped it's all business now.
Thank you so very much for that info.
spot on, they're just like anybody, and assume they are having a shit day. EVERY TIME (5x) I've been pulled over this statement is key: "hello officer, how may I help you"
In their mind you are first perceived as respectful. You have also recognised their position in this scenario. All in the first clause. Finally to create a balance of power is crucially said in the second clause. I am not a criminal anymore, and in fact I'm now the protagonist. "Thankyou, have a nice day
Nowadays I put a paper on the window that says "I have coronavirus" they yeet on out of there flame trail and everything
I would just be polite, cooperative, and give them my license. Whatever it takes to get the hell away from them as quickly as possible. But I don't drink anyway.
The cops in my town are thugs. If you try to make a stand, they will probably smash your phone, beat the crap out of you, and drag you to jail with a whole list of felony charges. Getting arrested would cause me to lose my job. And I don't want a criminal record following me around.
Getting into a conflict with the police is never a good idea. And never go to the police to report inappropriate police conduct. If you have an issue, hire an attorney, contact the Mayors office, or contact Internal Affairs. I'm also looking into video surveillance for my home as well as hidden cameras for my vehicle and on my person.
My personal policy is to avoid police whenever possible. I don't want to talk to them. I will not report a crime. I will not be a witness for them. I will not provide assistance. I will not answer my door for them. And when I'm summoned for jury duty, I stand and tell the judge that I will not be a juror because they are a gang of lying revenue collectors.
I have severe anxiety with these road pirates. Where I live they are paid serial killers.
Steve Adams you sound like a pasty little coward
that was a very well made video thank you for uploading quality content to yt
If ya know the laws then record as always but you control the conversation and ask the RIGHT questions
👽✌️🇨🇦
9:00
99% of people do not want to help as a WITNESS
Always record your conversation with any police 🚔
Always record every conversation with any government employee or official.
And never admit to being a PERSON.
One is either a Man or a WoMan.
A PERSON is a corporate fiction. A genderless DEAD entity.
Notice that is why Grave Stones are written in UPPER CASE letters ..
The ALL CAPS name is a PERSON.
The living soul that is alive has a name in Mixed case. and a 'given Name' and 'FAMILY' name,
Only Corporations have a FIRST NAME AND LAST NAME ...
@@andrew_koala2974 I would seriously hate to be Assumed-DEAD
ua-cam.com/video/gKr28nLTnzk/v-deo.html
Andrew, you're correct on the recording part, you're completely wrong on the rest and you'd be told exactly that if you spoke to a lawyer, judge, Constitutional expert, etc.
@@eileene.5870
You dear Eileen are misinformed.
/AMIRALTY LAW /JURISDICTION
Admiralty jurisdiction (of the Sea) because the land belonged to the King of
Great Britain. And that's how he runs his country.
Under the Admiralty/Maritime law of the Sea. Everyone is considered a vessel,
and presumed DEAD, or to be lost at sea. {Ces't Que Vie Act 1666}
lawyers, judges, will not reveal the truth.
I would recommend you do your homework and study the above-named act, and take it from there.
► The Living and the Dead 12:35
ua-cam.com/video/Y1on2OQuxXI/v-deo.html
Nov 3, 2016
CHANNEL: Bill Turner
@@whoisewe4011
Admiralty jurisdiction (of the Sea) because the land belonged to the King of
Great Britain. And that's how he runs his country.
Under the Admiralty/Maritime law of the Sea. Everyone is considered a vessel,
and presumed DEAD, or to be lost at sea. {Ces't Que Vie Act 1666}
I do this weird thing around holidays and weekends if I know I'm going to be driving. I don't drink alcohol.
There are always DWI checkpoints where I live because I'm located near a major city and a beach area. When I get asked "have you been drinking" I say "no. I don't drink alcohol" then I'm usually given a pamphlet and I drive away.
However, I do seem to get more follow up questions when I'm driving in a newer sports car vs my 16 year old SUV.
When Police use the words "Have you been drinking"
You can answer YES
And when you pass the Breathalyzer and you are asked "What did you have to drink"
Answer "A cup of tea"
This happened to the sister of a Highway Patrol Officer I have known for decades.
Since that Event .. Police are more accurate in asking the question.
"Have you had any ALCOHOL to drink?"
... That is a specific and unambigous question, and is the CORRECT question to ask.
2020 is here. This content might be more useful, than ever before!
Pfff-ff-ff it's too late now bud.
I subscribed because you slowly take your time in explaining the law.. to even a dummy can understand. Thank you