Andy is explaining how to interact with a cop as though we are dealing with a rabid, vicious, unpredictable dog. And, unfortunately, we basically are. Sadly, this video is full of good advice.
Believe it or not, when I was young (1950's and 60's) handcuffing was not that common. Even in an arrest, only obviously dangerous subjects were cuffed. Nowadays little old ladies and even small children get cuffed; you get cuffed for looking cross eyed at a LEO; they're used for punishment and reprisal.
Cops act all tough but they react to the public like a bunch of scaredy-cats, who should find another job. If you ask 'em you'll get some bogus story about "that one time an old lady pulled out an Uzi", or the tired "In this day and age..."
@@UMninja The one thing they are _supposed_ to be able to discriminate is whether someone is a threat to them or not! That's why we have terms like "reasonable" and "probable" on the books.
@@redbaron07 sure, but then someone complains that 70% of the reasonable cuffings are of black suspects, the department and city gets sued, brass gets fired, and we're back to cuffing granny.
@@redbaron07 They should be scared. All that has come to light now that everyone has recording devices... the lies they told are shown for what they are... a time will come when people will rise up against oppressors. They are very scared of that. Yet can't help themselves....
this is why we need to VOTE OUT OUR LAW MAKERS. when you are hand cuffed and or put in a car. it should be kidnapping and the officer charged with kidnapping. we need laws to protect citizens. not laws to protect corrupt officers.
Problem is that the LAW already doesn't support most of the corrupt stuff these cops are up to. But at the same time there are no real consequences for them when they break the law.
This is cutting off the weed at the surface of the visible ground figurative speaking, to also get to the root of the corruption to remove roots of evil twisting laws and rights i.e. Terry V CUMMING TERRY STOP is rooted from the supreme court and over bearing on the national human beings of the United States, and also many others. The love of money IS WHERE THE ROOT OF ALL EVIL WAS CONCIEVED and planted..
@@tamstutz921 The courts are supposed to uphold the law when police fail. The problem is there are no laws to protect the citizens or punish officers who break those laws. It doesn't matter if there is a law that says "its illegal for a cop to harass and innocent civilian" if there is no punishment for it when they are caught doing it. Or in the rare case someone has video evidence of for something like civil rights violation and it takes years for anything to actually happen all the while the same corrupt cop is doing the same thing to hundred or even thousands of other people.
Given the history of law enforcement, AND, the way they are 'trained', a person is far more likely to be assaulted by a member of law enforcement AFTER being placed in handcuffs, than the officer is to be "assaulted" by a person that they have stopped.
@@redbaron07hog tied, tazed, then mag dumped. For safety. Also, the cop said he smelled weed, so...next time, to be extra safe, mag dump immediately. Probably.
@@redbaron07 I think they are saying the officer should be hog tied before being allowed to interact with you. Simply handcuffing the officer might be insufficient.
If you ask the officer why you're being detained and they cannot articulate reasonable suspicion, find a lawyer to sue the police officer for violating your rights.
Hope you get that on camera, specifically one you own and have access to, since the bodycam could "accidentally" get lost, erased, or suffer from a malfunction conveniently just as the office is unable to provide RAS. If it's not on camera, it'll be your word against theirs, and they can always pull the lowest hanging fruit of "I smelled weed" after the fact as justification for the stop.
Common misconception. You can certainly ask why you’re being detained and what facts the officer has to suspect that crime is afoot. But the officer is under no obligation to tell you anything. Do you know why? Because the officer doesn’t need to justify anything to you because you can easily say “that’s nonsense”. The officer only needs to justify their actions in court in front of a judge/jury. If the foundation for your lawsuit is “the officer didn’t articulate what crime he suspected me of committing so it means it’s unlawful” then that lawsuit will be dismissed faster than you can blink. Oh and FYI the police don’t need to suspect you of committing a specific crime. They only need suspicion supported by facts they can later articulate to show it is reasonable that crime may be afoot. That’s the definition of reasonable suspicion.
@@johndonovan9322 exactly. There's only a few places like New York City where they are required to tell you why they are arresting you, but even in New York City there are exceptions to this law where they don't have to tell you.
Isn't it amazing how similar a police encounter is with a wild animal encounter. No sudden movements, no loud noises, keep your hands out/make yourself look big (Same stance). It really is true, police are just wild animals looking to kill something and you should be worried when you encounter one, like a bear.
At least with a bear its legal to fight back and 5 of his friends wont come murder you in your house if you do have to defend yourself against one of them.
@Billy SBC Please do not make a predetermine number on all of them both men and women police judges and all others. Charm is deceptive and beauty fades but a woman that loves others more than her self is to be praised, the knowledge of good and evil is available to every human being, the one way you can tell what they have chosen is to watch to what they do but also what comes out of their mouth.
@@agapeo4137 That is complete nonsense. A con artist can pretend to be a good person doing good things saying good things, all the while being up to no good. On the other hand some of the nicest people behave as if they are bad and yet in the end they always do the right thing. What you suggest is to "judge a book by its cover" the most superficial and shallow method of judging anything.
If police are looking to kill someone, why do only 1,000 out of 60,000,000 annual encounters result in the police shooting and killing that person, despite the police being shot at 7 times per day? If they were looking for a reason, you would think that being shot at is enough a reason for them to do it, yet they don’t. Please explain.
The cops tell you to get out of your car. You get out and question you for 20-30 minutes. After 30 minutes the cops try to get into your car and find the doors are locked. Now they decide they need to search you for weapons for officer safety (I.E. they want to find your car keys so they can get into your car) . This sounds like an illegal search because they waited so long and only decided to search you after they found your car doors locked.
PRO TIP - the answer to this question is simple. as with your house, when you exit, lock the door behind you. with the keys inside. Officer Friendly doesn't need to know that you were smart and wired a spare key somewhere underneath. plus, you'll never pay a locksmith again.
Bonus points having a key in your wallet that's for the same make/model of car, but doesn't go to the car at all so when he takes it proclaiming " aha!", and you say "that goes to my other car" and he then fucks your lock up trying to force it as he probably will at this point, you have the narrative the cop is so out of control and not thinking straight that he forced a car key he was told won't work to the point of lock damage.
There is no set time limit for a stop before it can be considered an unreasonable detention. That’s a myth wannabe lawyers and TH-cam university graduates made up. And depending on the reasoning as to why the officer searches your vehicle, it may or may not be an unreasonable search.
Doesn't matter. Saw a video just yesterday, dude was orders out of his car. They instantly slap cuffs on him and pinched his skin in the gears, he jerked his arm, pure reflex, he obviously wasn't running just jumped from the pain. They literally lifted his wrist up over his head, with his hands cuffed behind him. Shattered both of his elbows. Then told him to hold still so they could frisk him. Its all good though, the cop got a month paid vacation for it... I mean "suspension". And he is back to work already looking for his next victim. Why did all this happen? Because he didn't pull over fast enough when the cop put his lights on. His mistakenly thought the cop was trying to pass as he had not done anything wrong. So by the time he realized a few seconds later that the cop was pulling him over, he stopped like he should and this happens.
state your 4th amendment rights, asking the Illegal Law Enforcement Officer to present a warrant to require them to not give you an illegal command to exit your vehicle, ask for a supervisor and require a statement of probable cause and Reasonable Articulation of details of what he has seen or heard that a crime of a broken law and or claim of damages to property or bodily harm has occurred is occurring or will occur. INVOKE YOUR 4TH AND FITH amendment rights ask for a certified warrant signed and specificity the crime and place, dated and naming you exactly signed by a judge that has a current oath of office current with the date of the encounter. ANDREW FLUSCHE does not read your comments nor respond to them. He does not interpersonally care to do anything on HIS channel but put out videos and most are soft in His professional options. Which i intend to say with more of favor to lay down and depend on lawyers services just calmly let these non law officers rape you of your constitutional rights because you should be ignorant on how to know quote and persist with you inalienable constitutional rights 1,2,3,4,5,14 amendment rights.
@@agapeo4137 While an officer is required to have "reasonable articulable suspicion" of a crime, in virtually no jurisdiction are they required by law to inform the suspect. When they do it is out of respect They only need to provide this suspicion to the courts after the fact. Depending on your jurisdiction it may or may not be lawful for an officer to order you out of a car and or force you out if you refuse. Be sure you know the law where you live before you refuse. While you can inform the officer that you are invoking your 4th amendment rights it is pointless if you are already invoking your 5th amendment right. If you actually don't say anything then you can not give consent for a search or seizure without a warrant. If the police to search or seize any of your belongings without your consent or a warrant nothing could be better for your case. Anything they claim to have found after that will have no legal bearing. It wouldn't matter if they claimed to find a brick of coke. You will have all charges dropped and ground for a 5 million dollar federal civil rights lawsuit.
Dealing with it in court is fine IF a person (1) can find an attorney well versed in civil rights violations, and (2) can afford said attorney. Until a judge's or politician's family member is grossly mistreated, the police will continue to abuse their authority "because safety" without worry of being held accountable. Many of the 1st A auditor videos frequently show cops doing a Terry stop when the interaction clearly doesn't reach the minimum requirements of a Terry stop. Then the IA investigation determines the cop didn't do anything wrong and the cycle starts all over again. We the People continue to be screwed by the judicial branch tasked with making sure our rights aren't violated by local, state, and federal government agents.
Just keep your video camera running, it's the videos that are causing changes in the system, so just keep recording and that will give your attorney what they need to pursue it further.
That’s exactly right. Qualified immunity was never a law, it’s judicial activism and as far as I can tell is a reprehensible violation of the 14 Amendment.
Also they can afford bail. Seriously it's a messed up system when you are snatched out of your life and have to sit in jail until you post bond or the case is over. That's NOT innocent until proven guilty. That's guilty until proven not guilty. I can understand certain things for detentions, but minor things such as DUI, Battery, Harassment, etc deserve a promissory agreement to be signed by the defendant and then released.
It is generally a bad idea to fight the police even if they are unlawfully arresting you. You should only fight them off if you really think they are going to seriously hurt or kill you. In which case, you do not have much to loss.
If we had organized community defense groups capable of overpowering the police, we could prevent a lot of unlawful arrests through exercise of lawful self-defense.
You've clearly never had a neighbor killed by the police. You've clearly never been beaten badly by the police to "teach you a lesson" or to "show you who is boss", clearly this has never happened to your children or loved ones either. Good for you. Now recognize that it DOES happen to a lot of us.
@@texxs01 I am not sure how you came to that conclusion from my comment. I clearly said you do not have much of a choice in fighting them if they are going to seriously hurt or kill you.
Love your channel and informative content. However, I'm not married to the police or the system. The last time I checked, the police have no obligation to protect me or the public under any circumstances, plus qualified immunity when they break the law or worse. The social contract was scrapped years ago. When do we let free market principals dissolve this conflict of interest monopoly? I understand that you are an attorney and have some belief in a just court system. However there are many people like me that have never seen it and also never met anyone who has. It would be interesting to see what the founders would say if asked the same questions you answered, after all they wrote the law.
State your 4th amendment rights, asking the Illegal Law Enforcement Officer to present a warrant to require them to not give you an illegal command to exit your vehicle, ask for a supervisor and require a statement of probable cause and Reasonable Articulation of details of what he has seen or heard that a crime of a broken law and or claim of damages to property or bodily harm has occurred is occurring or will occur. INVOKE YOUR 4TH AND FITH amendment rights ask for a certified warrant signed and specificity the crime and place, dated and naming you exactly signed by a judge that has a current oath of office current with the date of the encounter. ANDREW FLUSCHE DOES NOT READ YOUR comments nor respond to them. He does not interpersonally care to do anything on HIS channel but put out videos and most are soft in His professional options. Which i intend to say with more of favor to lay down and depend on lawyers services just calmly let these non law officers rape you of your constitutional rights because you should be ignorant on how to know quote and persist with your inalienable constitutional rights 1,2,3,4,5,14 amendment rights. AT ALL TIMES RECORD YOUR ENCOUNTERS WITH POLICE.
Having watched many police videos, many cops seem to have a flippant attitude regarding handcuffs and even arrests. “They come off just as easily.” They’re not made for comfort.” “You can deal with it in court.” I know that for them, it’s just another shift; but most people rarely interact with the police, and for them getting handcuffed and/or arrested will be one of the most memorable events of their lives. I think too many police are in their own little law enforcement ecosystem, and fail to perceive - or worse, don’t care - how members of the public (guilty or innocent) will process police interactions.
They don't care, and police departments are trying to move the Overton Window to normalize handcuffing and manhandling, mainly because there's no downside for them to do this. And many cops get off on the power trip. The Supreme Court failed to uphold the 4th Amendment on this one.
I'm disabled and require the use of a cane to exit a vehicle and stand or walk for longer than a few minutes. I wonder what my rights are in a situation where a cop wanted to take my cane away (for officer safety of course) and place me in a position where i'm very likely to collapse and get injured from the fall.
Then immediately tell the policeman that up front. Once you do that you are in his/her care and if you are injured from their handling then you probably have something your attorney can work with.
@@BillySBC while I totally agree with you I recently watched a video of a gentleman who was arrested and he informed the officer he recently received a heart transplant. He told the officer he needed his medication to prevent organ rejection and the officer tried to say it would be provided at the jail ( it's a very rare medication as you probably understand already). The officer even phoned his supervisor.. Needless to say there was a tragic event soon after, over a simple allegation that a civil summons would have sufficed. But booking fees and arrest stats are more important than human lives it seems to typical officers .. Again I'm in agreement with you in theory, but would I bet my life on it ??
@@BillySBC Dexter Barry, Duval County. If you're interested in the source.. Anyone would know a jail doesn't have that kind of medication. That cop was shameless. Hope you have a great day.
Dude, i'm from brazil, but i'm so addictive to ur videos, is insane to learn about the law and policy in US XD In brazil, they just beat you until you confess something that you might not even be related of. Cops killing civilians in brazil is just "normal" and they don't get charge on it, you guys should watch "Tropa de Elite 1 and 2", that is 100% accurate of our situation. Great content 10/10
What is your opinion on a Terry frisk? SCOTUS ruled that there must be a reasonable belief, based on articulable facts, that the person to be "patted down" is armed and dangerous, but officers seem to perform them routinely in the name of "officer safety". Officer Safety has become the catch-all for officers to do as they please. In your experience, how often do officers report that they conducted a Terry frisk? If they do prepare a report, how often do they articulate the facts that led to their reasonable belief to be permitted to frisk? Along those same lines, how often do officers prepare a written report at all after a Terry stop that doesn't result in an arrest? My opinion is that it should be done in every case, arrest or not, immediately after the stop without reviewing the body-worn camera or speaking to other officers. Ideally, since the articulable facts that give rise to the reasonable suspicion must exist at the start of the Terry stop, those facts should be verbally recited to the suspect at the beginning of the stop to be captured by the mandatory (and un-mutable) body-worn camera. Otherwise, which is the case now, the officer is free to "embellish" the facts (lie) if questioned later on. Unfortunately, the officers know (and have been trained) that there is virtually no accountability when the stop/frisk doesn't result in an arrest or great court deference when it does.
I think the part most people miss is the part about not fighting a cop while being cuffed. If he’s unlawfully arresting you, don’t fight him about it. Let the cop cuff you and take home a big check in court for being unlawfully arrested. It’s really that simple.
“Best way to stay out handcuffs; don’t talk to the police.” Really??? Try it and tell me how it worked out for you. A friend of mine was detained, cuffed, injured, and charged with a misdemeanor because… he didn’t talk to the police. The misdemeanor was dismissed by the judge with prejudice after the first pre-trial conference and the officers are being investigated under title 18 ss. 241 and 242 while facing civil forfeiture under title 42 s. 1983.
You don't have any Rights if lawyers don't make enough money to take the case!! A lawyer won't take a civil rights lawsuit unless you have damages!! So there is no law or constitution when lawyer's won't help sue!!
To make a long story short, I had a man get irate with me because I didn't move fast enough at a traffic light to suit it so he promptly sped up and turned in front of my truck effectively blocking me in against a sidewalk and utility pole. He then jumped out of his van and started around it toward me. As I couldn't move my truck and couldn't get my driver's side door open, I reached into my purse and laid my .357 on the dash with my hand on it. When he saw the gun, HE called the cops! Needless to say, there we both sat when then cops showed up extremely quickly! He moved his van and I asked the officer if he wanted me to step out of my truck (I already had my license and my carry permit in my hand by this time). He said yes so, keeping both my hands in plain sight and my .357 still in plain sight on the dash, I exited my truck. He motioned me toward him so, keeping my hands out to my sides, I started toward him and when I was about 15 feet from him, he whipped out his trusty 9mm and pointed it straight at my head!!! A lady officer was asked to pat me down and handcuff me, which she did and then put me in the back of the first cop's police car! After sitting there for almost an HOUR, the first cop got in the front seat and his sergeant walked up to his window and told him that I hadn't done anything illegal and to let me go. Did this first moron do that? NO!! He kept me in the back of his car another 20 - 30 minutes trying to get other officers that walked up to his window to agree with him that there should be some reason that he could take me to jail!! Un-freaking-believable!! Thankfully, his sergeant came back around and asked him why I was still being detained and demanded that he let me go at which time HE came around and let me out and took off the handcuffs!! It gets even better (worse?), yet another cop walked up to hand me by gun (which they had obviously removed from the dash of my truck) and a baggie containing my ammo. This rocket scientist informed me that while I was free to go that I couldn't reload my gun until I was out of Nashville and Davidson county!!! I called every danged attorney in town and not a single one would take my case against the Nashville police department!!! I was pretty well convinced at that point that the cops could do anything darned thing they like and there's not a blessed thing we can do about it! OH!! It probably would have been even worse but (thankfully) the jerk in the van actually admitted to the cops that I didn't point my gun at him - only laid it on the dash and it turned out that he had an outstanding warrant so he's the one that ended up being arrested!!! Couldn't find a lawyer within 100 miles of middle Tennessee that was willing to take on the Nashville PD even though we actually had witnesses as to most of what transpired! My son who was in our vehicle and only about 9 years old at the time had terrible nightmares for almost 2 months! I guess nothing like seeing your mom have a cop point a gun at her head to disturb your sleep!! grr..
What happened to putting someone in handcuffs only if they are considered armed and dangerous? Is that a policy or is that in the law somewhere? What about in my state where it is unlawful if you put someone in handcuffs and then you start to question them as opposed to questioning them when they are not in handcuffs?
Hey Attorney Andrew! I’ve always wondered something. When being arrested or detained from your car, what happens to your car? I’m sure they don’t just leave it sitting on the road so do they confiscate it? If they do, how would they return it to you if you were not found guilty of any crime? Thanks, and God Bless Virginia!
Impound lot. You have to then pay to get it out. Car got stolen in Memprica in 86, car was found and had been impounded. Cost me $100 to get it back. Saw my car in the lot when I went there...a cop saw me approach my car and screamed at me to back off...with his hand on his gun butt! Said, "it's my car!", grinning. He didn't grin back. Felt violated
@@JoeandAngie $100 is cheap, these days it's usually a lot more. The tow companies get city contracts and they're getting paid no matter what! Wrongfully arrested/towed? YOU will have to pay a lawyer $thousands to recover your impound fees.
Usually $300 is a low amount to get your vehicle back, and $300 is low to bond yourself out = $600 is usually the lowest amount to get yourself and vehicle back, then days off work for jail and court, then usually atleast $3,000 for an attorney, keep inmind this is even if you are innocent, they can drag this out for years, costing many days off work to appear in court, then they can continue you trial after you took the day off work and appear in court, i have been dealing with this exact procedure for almost 3yrs now, i am out well over $5k so far, and the all over the police didnt know my daytime running lights are legal, he made up 4 charges to stop, arrest and impound, Good luck.
Many have mentioned impounding already. Some police, if very nice, will ask if there is anyone you can call to come get your car. You can ask if you can call someone to get the car as well, but they are not obligated to allow you.
Whether an order to sit on the ground is considered lawful would depend on factors such as the context, the specific laws in the jurisdiction, and any applicable court precedents. In some situations, police officers may have the authority to give such an order if they have reasonable grounds to believe it is necessary for their safety or the safety of others. For example, if an officer suspects a person of carrying a weapon, they may order them to sit on the ground as a precautionary measure. You could object and ask the officer if that is really necessary, or if there is somewhere else you can sit. It would probably help to point out a reason why you don't want to sit on a curb. For example where I live now in the middle of the day the curb is over 100 degrees which would cause damage to clothing and possibly burns on the skin. Ask them "I don't know why you want me to sit on the curb but it is incredibly hot. The coarse grain of the cement will cause damage to my clothing possibly destroying them and the temperature of the cement will likely burn my skin over a short time. Are you telling me that your "lawful order" is that I inflict property damage and burns on myself? Perhaps I could sit in a vehicle instead". They would have an incredibly hard time justifying later that they "NEEDED" you to sit on a curb, destroy your clothing, and burn yourself, with other options pointed out to them along with the negative consequences of following that order. I did see one video where a female cop ordered a senior citizen out of his car and then to sit in the grass. She had not said that he was detained or arrested at this point. He refused to sit in the grass and after a few moments of back and forth she tackled him to the ground putting his entire body in the grass. I don't know if he was allergic or what but it was obviously completely unprofessional behavior. She couldn't possibly have been afraid of a senior citizen with no weapons. She hadn't even put cuffs on him or anything but was so determined to make him sit in the grass she felt assault was perfectly reasonable. In the end he wasn't charged with anything and she was fired. Another citizen saw the struggled and came to help the officer. He didn't know it at the time but he was assisting an officer in an illegal assault of a senior citizen who had not broken any law whatsoever. I hope he got the sh'it sued out of him too, he doesn't get qualified immunity.
Being docile and cooperative is no guarantee you won’t be handcuffed or worse…. Leos are usually contemptuous of the detainee, constitutional rights, and ignorant of the laws the enforce- sometimes willfully. It’s leos that escalate the situation most of the time. That said , cooperation is your best bet when detained…. Always exercise your MIRANDA RIGHTS…. even if that’s always angers Leo’s…. be polite and button your lip….. request a lawyer at first opportunity before talking
Your analogy falls WAY short, because in these cases, it's "the bear poking you and daring you" to do something. "Sleeping on the couch all night" does NOT compare to spending a day, (or several days), in jail waiting to stand in front of a Cop loving Judge. 😐
Sounds like you need to straighten up and fly right with the boss, uh, wife and do yer chores Love the advice. Son is 18, going to college in August, Long hair, 6"1', 210lb, beard, looks 23...straight as an arrow, but is a lead guitarist in a band which puts him on the road late nights. He'll be profiled as a partier. (I was an RX and we profile(d) EVERYBODY) Trying to give him the best advice. It's in a college town outside Nashvegas, too. Makes me nervous.
only very very rarely should you physically resist an officer. at the scene comply with the officers every request, even if you know the cops are breaking the law, as it's said "never interrupt your enemy when hes making a mistake" the only thing you should say is "im invoking my Miranda rights and i do not consent to searches." then keep your mouth shut no matter what. everything the officer does wrong is ammunition for your court date. The time and place to argue that kind of stuff is NOT at the scene.
Great content as always. One way we manage cuffing is by requiring the officers to describe in detail the reason for handcuffing in the report. Even a catch and release will require a report/use of force report for us. Some guys try the "for officer safety" which is not sufficient. You see a lot of people here complain about the cops no matter what they do or do not do. In my brief 36 plus years as a cop, I have noticed that most of the time, the person getting cuffed, usually asked for it. The cops are not perfect but then again, neither are you. Some of this is generational, I have noticed that cops today seem less willing to risk their lives in the same way we did in the past. For some reason, everyone seems to want to live forever.
The answer is: stop being neutered and stop letting government minions have their way with you. If you teamed up with your friends, family, and neighbors you would be able to drive this deadly gang out of your community.
This is the problem with this country. Everyone is giving the advice to just be a good little Jew for the Nazi and fight it in a Gestapo court. It's time to start resisting these tyrants. We, as a country didn't petition the King for our freedom. We fought. Terry V Ohio is unconstitutional and is a Supreme Court word salad. The 4th Amendment say "Probable Cause and Warrant." Nothing about a "Reasonable Articulate Suspicion." Who gets to decide what's a reasonable suspicion?
“Not talking to the police” is the quickest way INTO handcuffs these days. You end up upsetting the paranoid, well-armed toddlers we’re left with after the defund the police movement ran a lot of reasonable officers off the force.
Please correct me if i'm wrong, but there's not a single crime that TV detective Columbo could have solved if the perp had simply declined to answer questions. Lols!
Make no mistake, if you're in handcuffs, you are under arrest. Any kind of mincing of words by the law is just there to moderate the masses. There is either detainment or arrest. An arrest always involve handcuffs, and if that also the case with detainment then how are they different? A detainment means you are not free to leave. For example, a traffic stop is a detainment, but cops don't put handcuff on someone during a traffic stop. An arrest means you've been physically restricted from leaving.
Under basic word definition… you are under arrest if your movements are hampered physically. So if you are not marandised before, during, after being cuffed. Or even as far as being locked into a cop car backseat. It is still an arrest. And if youre held for an extended period, it can be false imprisonment. And if they do all that, then transfer you to the jail, it is kidnapping.
I just love the way that the courts come up with REASONABLE, that invariably ends with citizens and LOSING MORE and MORE of THEIR RIGHTS that's reasonable isn't it!!!!!!
If there is/was any discomfort or pain while you were handcuffed, is there any downsides to asking for medical attention to treat /document any injuries you may (or may not) have received. This might motivate them to document their use of force. Could you be billed for the ambulance/medicsl treatment?
OK, WE can't control what police believe in their heads, but according to SCOTUS Officers can ACT on what they "believe in their heads", like fearing for their lives. BUT, as a private citizen, (and untrained in law enforcement), we're required to PROVE we were actually in imminent danger of losing our lives. So, why is the "bar" so high for an untrained civilian than it is for an officer who's gone through a 6-month Police Academy?
"reasonable force to resist unlawful arrest" - According to the US Supreme Court, in Bad Elk v US, 1900, this includes deadly force. When law and Supreme Court precedent clash, which wins?
So, first of all, the introduction poses a situation that might happen .1% of the time. You aren't going to be asked to step out of the car and be handcuffed as the officer says nothing to the person. IF it happens, and I'll give that a .1% of the time, you're already screwed because it is likely a corrupt cop to begin with and whatever happens next to you will not be good. Next, is getting handcuffed. You are going to be handcuffed for two reasons; 1) You are under arrest. 2) For your safety and the safety of the officers. Now, the first, you're under arrest, speaks for itself. You are going to jail, you are going to be charged with a crime, and you are in custody. The second, is a bit more... fuzzy. You are not under arrest. You are being detained while the officers investigate and you are seen as, have given the officers reason to believe that, you are or could become a threat, to yourself, others, and/or the officers, so while they interact with you, they are going to restrain you and once that interaction is over you are released, as long as there is no reason for the officers to invoke number 1 and arrest you. Something to keep in mind is that there are times when officers have information you don't. There may have been a crime that happened earlier, they were given a VAGUE description, of the person or vehicle or both, and they think you MIGHT be that person. But, since they don't KNOW, they have to investigate, and since a crime was involved, they want to make sure that if you ARE the person, they are safe. That's one reason it might happen. Another reason is that you're 6'6" 400lbs of bodybuilder and they are responding to a dispute you are involved in. Again, if they don't know a crime has occurred and are investigating, and you've already given reason to believe you're going to be combative, they just may put you cuffs to head off a fight they likely would end up shooting you in. Third is arguing with officers. RARELY will you win that on the side of the road. More than likely, you'll talk yourself into a ticket at best, an arrest at worst. IF you are going to argue with cops on the side of the road, you had BEST know your laws better than they do. Simply saying, "I didn do nuffin" isn't going to win you that argument. Nor is, "I know my rights!" If you believe the officer is ticketing you or arresting you falsely, document what happened, either as it occurs by recording/video, or after you are released in notes. Arguing in court with a lawyer is MUCH better than on the side of the road. Now, I said RARELY, which means a person CAN win, right? Well, yes, BUT, as I said, you better be able to recite the law, and laws, to them verbatim, with precedent cases preferably, showing them that IF they take you to court, it likely isn't going to end well for the officer. AND, it ALSO helps if you are a veteran, former law enforcement, firefighter, EMT, doctor, nurse, etc, WHEN you do it. Basically, you're saying, "hey, I'm (someone you don't WANT to do this to) and the law says (recitation of said law) to which this situation doesn't apply (because the elements of the law are A, B and C of which none are present)". Ah. Terry v Ohio. The bane of people everywhere in the US. The problem with Terry Stops is that officer's today have no clue what they NEED in order to make one, and, neither do 99% of the population. Today, officer's just see someone, WANT to stop them because, hey, they LOOK suspicious (or they are bored, or profiling), and suddenly it's, "HEY YOU, STOP". And here is where many, if not most, of the situations get out of hand. 1) Officer's don't know what they need to make one, 2) People likely haven't done anything, so, the argument starts, 3) Officer's are like, "I AM THE LAW" and escalate the situation... yeahhhh... then it's a total sh*tshow. Basically, there are MANY factors that can be used to justify a Terry Stop, but, they MUST be articulatable in a court of law by the officer. Things like, time of day/night, area being known for crime/criminal activity, furtive movements/gestures, etc. This is, again, a situation where it's best to argue in court with a lawyer IF the situation gets to that point. Because everyone has seen the videos where a person is stopped, the argument starts, then the "you're under arrest", then the fight. And that arrest? Was for the argument. Hands. ALWAYS and ALWAYS keep your hands visible, slightly away from your body to either side of your waist. Do NOT put your hands into your pockets unless you are asked for something, like your wallet, to which you have to reach for it. Every single officer in every single academy watched videos, dashcam or bodycam, where an officer was on a stop, the person reached into their pocket, pulled a gun, and shot the officer. EVERY SINGLE ONE. And that is EXACTLY what is in their mind when they see you reach to a pocket without being told to get a wallet, etc. Is it your right to deny consent to search your vehicle? Yes. A search of YOU is a pat down, and you aren't going to "deny" that as it is part of officer safety to pat someone down for weapons on a stop. Yes, it's legal for officers to do it. For a car? You can deny consent. In a lot of cases, yes, simply denying them the consent to search will make them go, "oh, hiding something!", and they will threaten to get the drug dog. So, here's the thing. You have two scenarios when it comes to vehicle search; 1) YOU have given the officers reason to believe there is something in the vehicle, or 2) You are dealing with corrupt cops. If it's #1? There likely IS something in the vehicle... drugs, gun, etc. If it's #2? There WILL be something in the car, likely drugs planted by the officer. Either way? It doesn't end well for you. What you do is up to you. But IF you decide to deny consent, and I would as well, be ready for the threat of a K9 unit. That can't keep you on the side of the road for an unreasonable amount of time. But, if they are corrupt cops, it won't take long. The K9 will show up, and likely move to the front passenger quarterpanel where the dog will "hit" on the vehicle out of camera view. I would ALREADY be asking, on their bodycam, WHY the dog hit on THAT point? Why not at the drivers door? Why not IN camera view? If there is that much drugs in the car, that dog should hit at EVERY door, on EVERY side of the car. I would ALREADY be setting up your defense in court. But, frankly, if the cop is that corrupt, and it's a small town/county, the judge may ALSO be corrupt. Soooo... So, here is my advice... Do the speed limit. Not 5-10 over. Not 5-10 under. Set your cruise control if on the freeway. Follow all traffic laws. Do not give a cop a reason TO pull you over. Because today? I don't trust cops. Not with civil asset forfeiture where they can take my only vehicle just because they want to do it to fund their manning. I don't trust cops to not be corrupt. I don't trust them to not escalate the situation because "they are the law". I don't trust them to KNOW the laws they are enforcing. And I'm former law enforcement.
They should be the one's to not poke the bear. I'm a very big man size wise. Respect goes both ways. They cuff you because they can get away with it. I'm not ever going to sit on the curb.
@5.00 why should you "comply" with what they are doing? 14th amendment says " all ,men are created equal" if he wants to "fuck" with you, "fuck" with them back!!! doesnt really matter if he has a police uniform on, or a Carpenters overalls, or maybe a McDonalds uniform. what he thinks he can do to you, you can just as well do to him.
He did not mention to state your 4th amendment rights, asking the Illegal Law Enforcement Officer to present a warrant to require them to not give you an illegal command to exit your vehicle, ask for a supervisor and require a statement of probable cause and Reasonable Articulation of details of what he has seen or heard that a crime of a broken law and or claim of damages to property or bodily harm has occurred is occurring or will occur. INVOKE YOUR 4TH AND FITH amendment rights ask for a certified warrant signed and specificity the crime and place, dated and naming you exactly signed by a judge that has a current oath of office current with the date of the encounter. ANDREW FLUSCHE does not read your comments nor respond to them. He does not interpersonally care to do anything on HIS channel but put out videos and most are soft in His professional options. Which i intend to say with more of favor to lay down and depend on lawyers services just calmly let these non law officers rape you of your constitutional rights because you should be ignorant on how to know quote and persist with you inalienable constitutional rights 1,2,3,4,5,14 amendment rights.
😂😂😂😂😂 when a cop is hanfcuffing you just relax and allow it to happen...he said right after showing video of cops assaulting compliant people in handcuffs. Screw this guy.
All I heard for 7 minutes was “if a cop wants to f*ck you up, they can and will, there isn’t anything you can do about it” I also keep hearing the world “reasonable”, like we’re working with reasonable people here 😂
I don't care what the "law" says, handcuffing another person without their consent is a violation of that person's right to move/travel freely. Nobody has the right to kidnap other people, not even government agents. Authority is a myth... it's a privilege that governments take for themselves, not a right that they naturally have.
There’s TV shows showing and teaching us how to cook a turkey, a taco, a complete dinner. There’s TV to show us how to build and engine, repair the brakes, polish our car. TV shows how to make a dress, put on makeup, and balance our checkbook. Where are the TV shows that reminds us, teaches us, how to protect our civil rights? Where’s even one show we can see what our rights are and how to protect them in a traffic stop? How many million people would benefit from such a single show or TV series? A simple traffic stop can escalate to an arrest, days in court, losing one’s job and tens of thousands of dollars in defense.
So one should just go along with an illegal arrest but they know they 4:55 could not afford attorneys fee to go after them. So why b cool, calm and collected. We do not need attorneys telling us to just go along with it and know they can not afford the unbelievable expense of an attorney. This video is only good for people who can afford an attorney.
What do you do, when you can't put your hands behind your back. I lost most of the muscle that lets you do that due to a massive antibiotic resistant infection.
Tell them that immediately up front, after that you are in their care and if they injure after you notified them of your condition your lawyer will have something to work with.
@@DaveBigDawg I guess I could slowly pull my shirt up and they could see the pacemaker and the scars with skin covered bone. Tell them and move very very slowly
My question is about those people who have medical conditions such that being handcuffed will almost certainly lead to needing medical attention. How do they inform the police officers who are intent on cuffing them?
I always wondered about getting into an actual fight with an off duty cop. For context, I'm talking about two people in a casual fight (the typical things that happen like a small brawl at the bar, or "you just scratched my car" type of situation). I get either way someone is probably getting charged like in normal circumstance. However, I wonder if the civilian will get charged with assault on a police officer. Especially if the civ. didn't know the other person was a cop; or did know but it had nothing to do with a police matter.
If I'm arrested and brought in and I ask for a Lawyer, can the police question me anyway without providing a lawyer? What if I become a chatty box after I say I want a lawyer? Will that be used against me?
@@bornfree3124 Not really. They still don't have a right to search your vehicle or your person, so long as they do not have probable cause. You should make it abundantly clear to the officer if they ask to search your vehicle that you do not consent to a search. If there is no valid probable cause and they do it anyway, then any and all potential evidence against you, most commonly drugs, are inadmissible in court. Yes, they may threaten to bring out the dogs, but there is a law, and some states have it codified into their own state constitution, that there may be recourse for the officer delaying the stop much longer than it would take to write a citation. I'm not a lawyer, but those are the facts as I understand them. I hope you learned something :)
I would love to see this happen in an audit one day. As soon as the pig shows up, make the following statement. As soon as you do that, there should be no questions. This is NOT legal advice, just one dude to another. "Officer, I have the Right to remain silent and invoke that right at this time; .I know that anything I say can be twisted and used against me in court, therefore beyond this point, I will not speak; I have the right to an attorney and will not speak without an attorney present; I can not afford an attorney, therefore you must provide one before any questioning. The SCOTUS has ruled that you can utter any lie you want, and it is legal. I, therefore, trust that every word coming from your mouth is a lie, and will not believe anything you say as truthful. How can I help you?"
It’s never ok to let tyrants arrest or even detain innocent people that have done nothing wrong and just want to be left alone which is why it’s lawful to defend yourself against unlawful arrests!!!
I have often heard that being handcuffed is a de-facto state of arrest and should be treated as a arrest. So keep your mouth shut and only answer questions with a lawyer present
The only way I could see a cop losing his qualified immunity is if he actually did the job we're told he's supposed to do instead of write tickets and draw chalk lines.
To save Andrew the trouble I’ll explain it for you. Before I explain when it doesn’t apply I want to explain what it protects officers from. QI is not a get out of jail free card, nor does it mean the officer can’t be criminally charged. It protects officers from being personally sued in a civil court when it hasn’t already been clearly established that the actions of said officer were a violation of the constitution and or excessive/unreasonable. When I say “clearly established” I mean the action has already been ruled unreasonable/excessive in a previous court case. So the only time when an officer does not apply for QI is when the action has already been determined in a court of law to be against the constitution and or unreasonable/excessive. For example if an officer stops and frisks you for a weapon without RS and a reasonable belief you are armed and dangerous. That officer would not be able to claim QI because the court has already ruled in Terry v Ohio that police need at least RS to detain you and to have a reasonable belief that you are armed and dangerous before they can frisk you. I hope that helps!
It should also apply to politicians whose policies are an obvious danger to the world, doing things like starting undeclared wars and collapsing an economy.
The scenario that concerns me wrt compliance is "no consent to search" --> dogs --> fake "alert" --> finds cash --> "cash is guilty of crime" (somehow this is legit per courts) --> cash is seized without criminal charges --> costs more money to sue for the cash than the cash that was stolen. Even if you ignore external sources, the government's own documentation of how the law works in this interaction + financial statements demonstrate that a large % of the above fact pattern is common. It's unlikely that resistance in this scenario will end favorably for the victim in terms of any resulting physical altercation. On the other hand, it's also the only way the victim isn't guaranteed to lose thousands of dollars many cases. I have no plans to move around with that much cash, and I'm well past the point where I could successfully resist physically with any real chance of working. Or to be willing to accept that level of personal danger. However, if presented this fact pattern in court (victim somehow beats the odds and successfully resists an armed robbery attempt), it's hard to envision a scenario where I'd be willing to convict the victim no matter how much it escalates.
What do you do if you cannot physically get your hands close enough behind your back to be handcuffed? because of shoulder issues i can no longer get my hands close behind my back. I wouldnt want to seem to be non compliant, but any attempt to force them together would cause extreme uncontrollable pain. if i try to grasp my hands together, for example, it feels like my left shoulder is ripping apart and things are tearing.
thanks for the replies. i cant really see it ever being an issue, but you never know now a days. you express an opinion that is not the "correct" one and who knows where it leads.
@@marchapril5783 There's a chance that telling the cop about your shoulder issues would be like showing an injured bird to a cat - they're gonna make damn sure to hurt you.
I'm rather curious how many times THIS lawyer has been arrested...............................................i bettinng , never, cause he don't know squat.....cops will and do fuck you up just for fun
Serious question: If you KNOW an officer is falsely arresting you. Say you literally watched them pull drugs out of their own pocket and then hold it up to the camera claiming it is yours. How much force can you legally use to escape that situation. Lets imagine you are a highly trained individual and you know you are perfectly capable of disarming the officer without killing them. They will likely be harmed but they are attempting to harm you. Should you just let it happen and hope you find the one court in the world that won't believe the cop when he says he found the drugs on you? Should you struggle to gain your freedom then leave the area? Should you arrest the officer and call the police to turn him in?
In that first case, you do not have to get out of the car. He 'asks' with a commanding tone. You should say something, like politely say, "I'd rather not". And then -if- when he says it again, say, "Are you ORDERING me out of the car?" This can help your case.
Regarding suing the officer. IF officers GOT PAID ENOUGH they would not have to go out of their way to get a goofy "arrest" out of you for their "quota". They could go after the REAL offenders, AND NOT GET SUED! Use the SUE money to pay the officers, so they DON'T have to do silly arrests to get their quotas, and risk lawsuits.
i had a sherriff.. after approaching me.. told me to turn around.. when i asked why.. he repeated... turn around... when i asked again... he then grabbed to force me to turn around.... as i had no idea what was going on... i felt as if he was just attacking me... and i thwarted him... pushed him asside.. and then walked away... when i realized... no where to go... as he tackled me from behind... and then charged me with resisting arrest (felony),, after the whole weekend.. posted 7000 bail.. the sherrif told me he was new.. and was fired on how he handled the "arrest" but was told by a lawyer... its a good o boy network... and even though he was fired he would show up at my hearing... to say i resisted... and was told i had 25% CHANCE OF LOOSING... SO I was forced to accept a plea deal of what i did not do vs.. risking chance of felony... its all crap! if you have money.. you can fight... but is the same lawyers... same cops... and no one you can trust! small town.. everyone knows everyone.. and the lawyer wants money... the cops.. have a carrier... and you have to have enough money to fight! because in KY your in jail till you post bail... no bail bonds.. so $7000 for ... crossing lines.. at 2am leaving work....and wasnt till afterward... they record in the police car.....so i had to accept dui... leaving a 10 hour work shift... at 2am.. and i crossed the line on a split highway... Which is a felony... truth be told.. i was exhausted and somehow.. managed in complete darkness go to the other side of the road... dont resist!! dont resist... and if you can.. film yourself...
All this lawyer what is the penalty for violating rights? He won't answer. Under the law, you have no Rights. Violating your rights results in no punishment because no punishment was written into the Constitution. Therefore, by law, your Rights are hypothetical.
The thing with handcuffs is that cuffing a suspect is what's known as a _dominant strategy_, which is a situation where one person has superior tactics regardless of how their opponent may act. There are very few downsides to police for placing a suspect in cuffs, compared to the multiple benefits it brings. Conversely, there are very few benefits for NOT using cuffs, vs many potential downsides depending on how the suspect acts. Therefore, it is tactically advantageous to ALWAYS use cuffs when possible. Knowing this, why would a police officer ever choose to handicap themselves by ever _not_ using them? They're always going to use the simple excuse of "he seemed dangerous" to get you immobilized.
Andy is explaining how to interact with a cop as though we are dealing with a rabid, vicious, unpredictable dog. And, unfortunately, we basically are. Sadly, this video is full of good advice.
Always assume the cop is a vicious rabid dog. If they aren't, it's a pleasant surprise. If they are then you are ready.
The bear analogy is pretty good. Even in scenarios where fighting a bear is legally justified, good luck if you actually try it.
@@robertsteinbach7325And the cop is just like a dog in echo canyon trying to get in the last bark!
This is why I always use a loud assertive voice & try to make myself appear larger
@@jupitercyclops6521😂
Believe it or not, when I was young (1950's and 60's) handcuffing was not that common. Even in an arrest, only obviously dangerous subjects were cuffed. Nowadays little old ladies and even small children get cuffed; you get cuffed for looking cross eyed at a LEO; they're used for punishment and reprisal.
Cops act all tough but they react to the public like a bunch of scaredy-cats, who should find another job. If you ask 'em you'll get some bogus story about "that one time an old lady pulled out an Uzi", or the tired "In this day and age..."
They don't want to be accused of discrimination if they do the reasonable thing, so cuffs for granny is now standard.
@@UMninja The one thing they are _supposed_ to be able to discriminate is whether someone is a threat to them or not! That's why we have terms like "reasonable" and "probable" on the books.
@@redbaron07 sure, but then someone complains that 70% of the reasonable cuffings are of black suspects, the department and city gets sued, brass gets fired, and we're back to cuffing granny.
@@redbaron07 They should be scared. All that has come to light now that everyone has recording devices... the lies they told are shown for what they are... a time will come when people will rise up against oppressors. They are very scared of that. Yet can't help themselves....
this is why we need to VOTE OUT OUR LAW MAKERS. when you are hand cuffed and or put in a car. it should be kidnapping and the officer charged with kidnapping.
we need laws to protect citizens. not laws to protect corrupt officers.
Problem is that the LAW already doesn't support most of the corrupt stuff these cops are up to. But at the same time there are no real consequences for them when they break the law.
This is cutting off the weed at the surface of the visible ground figurative speaking, to also get to the root of the corruption to remove roots of evil twisting laws and rights i.e. Terry V CUMMING TERRY STOP is rooted from the supreme court and over bearing on the national human beings of the United States, and also many others. The love of money IS WHERE THE ROOT OF ALL EVIL WAS CONCIEVED and planted..
LOL, Vote.
“We need laws to protect citizens.” And just how will these laws be enforced without law enforcement? 😂
@@tamstutz921 The courts are supposed to uphold the law when police fail. The problem is there are no laws to protect the citizens or punish officers who break those laws. It doesn't matter if there is a law that says "its illegal for a cop to harass and innocent civilian" if there is no punishment for it when they are caught doing it. Or in the rare case someone has video evidence of for something like civil rights violation and it takes years for anything to actually happen all the while the same corrupt cop is doing the same thing to hundred or even thousands of other people.
Given the history of law enforcement, AND, the way they are 'trained', a person is far more likely to be assaulted by a member of law enforcement AFTER being placed in handcuffs, than the officer is to be "assaulted" by a person that they have stopped.
Handcuffs do not suddenly remove all of the danger a person presents. You can find videos of handcuffed people stealing cars, shooting guns, etc.
@@baddriversofthenorcalarea500 So handcuffs are not enough! Everyone gets hog-tied, for officer safety, right?
@@redbaron07hog tied, tazed, then mag dumped. For safety. Also, the cop said he smelled weed, so...next time, to be extra safe, mag dump immediately. Probably.
@@redbaron07 I think they are saying the officer should be hog tied before being allowed to interact with you. Simply handcuffing the officer might be insufficient.
100% incorrect
You and I both know the exact answer any cop will give to why…..”Officer safety”
If you ask the officer why you're being detained and they cannot articulate reasonable suspicion, find a lawyer to sue the police officer for violating your rights.
Hope you get that on camera, specifically one you own and have access to, since the bodycam could "accidentally" get lost, erased, or suffer from a malfunction conveniently just as the office is unable to provide RAS. If it's not on camera, it'll be your word against theirs, and they can always pull the lowest hanging fruit of "I smelled weed" after the fact as justification for the stop.
Common misconception. You can certainly ask why you’re being detained and what facts the officer has to suspect that crime is afoot. But the officer is under no obligation to tell you anything. Do you know why? Because the officer doesn’t need to justify anything to you because you can easily say “that’s nonsense”. The officer only needs to justify their actions in court in front of a judge/jury. If the foundation for your lawsuit is “the officer didn’t articulate what crime he suspected me of committing so it means it’s unlawful” then that lawsuit will be dismissed faster than you can blink. Oh and FYI the police don’t need to suspect you of committing a specific crime. They only need suspicion supported by facts they can later articulate to show it is reasonable that crime may be afoot. That’s the definition of reasonable suspicion.
Good luck to you and all the people who liked your comment. 😂
@@johndonovan9322 exactly. There's only a few places like New York City where they are required to tell you why they are arresting you, but even in New York City there are exceptions to this law where they don't have to tell you.
To argue in court later for an unjustified handcuff means thousands in attorney fees and years waiting for that opportunity.
End qualified immunity.
Isn't it amazing how similar a police encounter is with a wild animal encounter. No sudden movements, no loud noises, keep your hands out/make yourself look big (Same stance).
It really is true, police are just wild animals looking to kill something and you should be worried when you encounter one, like a bear.
Not all of them, I got stopped by a girl cop once who was the cutest thing I'd ever seen... Maybe a third of them are what you say though.
At least with a bear its legal to fight back and 5 of his friends wont come murder you in your house if you do have to defend yourself against one of them.
@Billy SBC Please do not make a predetermine number on all of them both men and women police judges and all others. Charm is deceptive and beauty fades but a woman that loves others more than her self is to be praised, the knowledge of good and evil is available to every human being, the one way you can tell what they have chosen is to watch to what they do but also what comes out of their mouth.
@@agapeo4137 That is complete nonsense. A con artist can pretend to be a good person doing good things saying good things, all the while being up to no good. On the other hand some of the nicest people behave as if they are bad and yet in the end they always do the right thing. What you suggest is to "judge a book by its cover" the most superficial and shallow method of judging anything.
If police are looking to kill someone, why do only 1,000 out of 60,000,000 annual encounters result in the police shooting and killing that person, despite the police being shot at 7 times per day? If they were looking for a reason, you would think that being shot at is enough a reason for them to do it, yet they don’t. Please explain.
The cops tell you to get out of your car. You get out and question you for 20-30 minutes. After 30 minutes the cops try to get into your car and find the doors are locked. Now they decide they need to search you for weapons for officer safety (I.E. they want to find your car keys so they can get into your car) . This sounds like an illegal search because they waited so long and only decided to search you after they found your car doors locked.
PRO TIP - the answer to this question is simple. as with your house, when you exit, lock the door behind you. with the keys inside. Officer Friendly doesn't need to know that you were smart and wired a spare key somewhere underneath. plus, you'll never pay a locksmith again.
Bonus points having a key in your wallet that's for the same make/model of car, but doesn't go to the car at all so when he takes it proclaiming " aha!", and you say "that goes to my other car" and he then fucks your lock up trying to force it as he probably will at this point, you have the narrative the cop is so out of control and not thinking straight that he forced a car key he was told won't work to the point of lock damage.
There is no set time limit for a stop before it can be considered an unreasonable detention. That’s a myth wannabe lawyers and TH-cam university graduates made up. And depending on the reasoning as to why the officer searches your vehicle, it may or may not be an unreasonable search.
So, basically treat an officer detaining you like a terrorist-hostage situation. Got it.
The best way to stay out of handcuffs... don't talk to the police.
Except when they cuff you in retaliation for you not answering their questions.
And charge you to add insult to injury.
But then you have a chance to get false charges dropped and, if you are very lucky, a settlement.
@@robertsteinbach7325 are you feeling lucky?
When it comes to cops, my luck is all bad.
@@robertsteinbach7325 Ah, cops have qualified immunity, while you have bail to pay, and a lawyer, while trying to keep your job, house, etc.
They win.
The voice of experience?
Its just sad we have to relax while they abuse and attack us and accuse us but they can do whatever they want when we tell them to stop.
Doesn't matter. Saw a video just yesterday, dude was orders out of his car. They instantly slap cuffs on him and pinched his skin in the gears, he jerked his arm, pure reflex, he obviously wasn't running just jumped from the pain. They literally lifted his wrist up over his head, with his hands cuffed behind him. Shattered both of his elbows. Then told him to hold still so they could frisk him. Its all good though, the cop got a month paid vacation for it... I mean "suspension". And he is back to work already looking for his next victim.
Why did all this happen? Because he didn't pull over fast enough when the cop put his lights on. His mistakenly thought the cop was trying to pass as he had not done anything wrong. So by the time he realized a few seconds later that the cop was pulling him over, he stopped like he should and this happens.
@@K162KingPin This is how domestic freedom fighters are born....
state your 4th amendment rights, asking the Illegal Law Enforcement Officer to present a warrant to require them to not give you an illegal command to exit your vehicle, ask for a supervisor and require a statement of probable cause and Reasonable Articulation of details of what he has seen or heard that a crime of a broken law and or claim of damages to property or bodily harm has occurred is occurring or will occur. INVOKE YOUR 4TH AND FITH amendment rights ask for a certified warrant signed and specificity the crime and place, dated and naming you exactly signed by a judge that has a current oath of office current with the date of the encounter. ANDREW FLUSCHE does not read your comments nor respond to them. He does not interpersonally care to do anything on HIS channel but put out videos and most are soft in His professional options. Which i intend to say with more of favor to lay down and depend on lawyers services just calmly let these non law officers rape you of your constitutional rights because you should be ignorant on how to know quote and persist with you inalienable constitutional rights 1,2,3,4,5,14 amendment rights.
@@agapeo4137 While an officer is required to have "reasonable articulable suspicion" of a crime, in virtually no jurisdiction are they required by law to inform the suspect. When they do it is out of respect They only need to provide this suspicion to the courts after the fact.
Depending on your jurisdiction it may or may not be lawful for an officer to order you out of a car and or force you out if you refuse. Be sure you know the law where you live before you refuse.
While you can inform the officer that you are invoking your 4th amendment rights it is pointless if you are already invoking your 5th amendment right. If you actually don't say anything then you can not give consent for a search or seizure without a warrant. If the police to search or seize any of your belongings without your consent or a warrant nothing could be better for your case. Anything they claim to have found after that will have no legal bearing. It wouldn't matter if they claimed to find a brick of coke. You will have all charges dropped and ground for a 5 million dollar federal civil rights lawsuit.
@@K162KingPin And close/lock your door behind you as you exit the vehicle.
Dealing with it in court is fine IF a person (1) can find an attorney well versed in civil rights violations, and (2) can afford said attorney. Until a judge's or politician's family member is grossly mistreated, the police will continue to abuse their authority "because safety" without worry of being held accountable. Many of the 1st A auditor videos frequently show cops doing a Terry stop when the interaction clearly doesn't reach the minimum requirements of a Terry stop. Then the IA investigation determines the cop didn't do anything wrong and the cycle starts all over again. We the People continue to be screwed by the judicial branch tasked with making sure our rights aren't violated by local, state, and federal government agents.
Just keep your video camera running, it's the videos that are causing changes in the system, so just keep recording and that will give your attorney what they need to pursue it further.
That’s exactly right. Qualified immunity was never a law, it’s judicial activism and as far as I can tell is a reprehensible violation of the 14 Amendment.
The problem is that often the judges are often willful co-conspirators in the deprivation of rights.
Also they can afford bail. Seriously it's a messed up system when you are snatched out of your life and have to sit in jail until you post bond or the case is over. That's NOT innocent until proven guilty. That's guilty until proven not guilty. I can understand certain things for detentions, but minor things such as DUI, Battery, Harassment, etc deserve a promissory agreement to be signed by the defendant and then released.
Local judges are the most brazenly corrupt in the system. They literally don’t follow the law.
It is generally a bad idea to fight the police even if they are unlawfully arresting you. You should only fight them off if you really think they are going to seriously hurt or kill you. In which case, you do not have much to loss.
If we had organized community defense groups capable of overpowering the police, we could prevent a lot of unlawful arrests through exercise of lawful self-defense.
You've clearly never had a neighbor killed by the police. You've clearly never been beaten badly by the police to "teach you a lesson" or to "show you who is boss", clearly this has never happened to your children or loved ones either. Good for you. Now recognize that it DOES happen to a lot of us.
@@texxs01 I am not sure how you came to that conclusion from my comment. I clearly said you do not have much of a choice in fighting them if they are going to seriously hurt or kill you.
@@Jesses001 Your right, you did. I must not be reading carefully enough. I'm distracted a lot lately . . . cancer :(
@@texxs01 Cancer does indeed suck, and is rather distracting.
Love your channel and informative content. However, I'm not married to the police or the system. The last time I checked, the police have no obligation to protect me or the public under any circumstances, plus qualified immunity when they break the law or worse. The social contract was scrapped years ago. When do we let free market principals dissolve this conflict of interest monopoly? I understand that you are an attorney and have some belief in a just court system. However there are many people like me that have never seen it and also never met anyone who has. It would be interesting to see what the founders would say if asked the same questions you answered, after all they wrote the law.
State your 4th amendment rights, asking the Illegal Law Enforcement Officer to present a warrant to require them to not give you an illegal command to exit your vehicle, ask for a supervisor and require a statement of probable cause and Reasonable Articulation of details of what he has seen or heard that a crime of a broken law and or claim of damages to property or bodily harm has occurred is occurring or will occur. INVOKE YOUR 4TH AND FITH amendment rights ask for a certified warrant signed and specificity the crime and place, dated and naming you exactly signed by a judge that has a current oath of office current with the date of the encounter. ANDREW FLUSCHE DOES NOT READ YOUR comments nor respond to them. He does not interpersonally care to do anything on HIS channel but put out videos and most are soft in His professional options. Which i intend to say with more of favor to lay down and depend on lawyers services just calmly let these non law officers rape you of your constitutional rights because you should be ignorant on how to know quote and persist with your inalienable constitutional rights 1,2,3,4,5,14 amendment rights. AT ALL TIMES RECORD YOUR ENCOUNTERS WITH POLICE.
At 2:30 Blink three times at the start of your next video if you need us to get help for you Mr. Flusche!
Having watched many police videos, many cops seem to have a flippant attitude regarding handcuffs and even arrests. “They come off just as easily.” They’re not made for comfort.” “You can deal with it in court.” I know that for them, it’s just another shift; but most people rarely interact with the police, and for them getting handcuffed and/or arrested will be one of the most memorable events of their lives.
I think too many police are in their own little law enforcement ecosystem, and fail to perceive - or worse, don’t care - how members of the public (guilty or innocent) will process police interactions.
They don't care, and police departments are trying to move the Overton Window to normalize handcuffing and manhandling, mainly because there's no downside for them to do this. And many cops get off on the power trip. The Supreme Court failed to uphold the 4th Amendment on this one.
I'm disabled and require the use of a cane to exit a vehicle and stand or walk for longer than a few minutes. I wonder what my rights are in a situation where a cop wanted to take my cane away (for officer safety of course) and place me in a position where i'm very likely to collapse and get injured from the fall.
Then immediately tell the policeman that up front. Once you do that you are in his/her care and if you are injured from their handling then you probably have something your attorney can work with.
Simply placing myself under a policeman's "care" seems an awful lot like attempting sucide to me. They don't know the meaning of the word.
@@BillySBC while I totally agree with you I recently watched a video of a gentleman who was arrested and he informed the officer he recently received a heart transplant. He told the officer he needed his medication to prevent organ rejection and the officer tried to say it would be provided at the jail ( it's a very rare medication as you probably understand already). The officer even phoned his supervisor.. Needless to say there was a tragic event soon after, over a simple allegation that a civil summons would have sufficed. But booking fees and arrest stats are more important than human lives it seems to typical officers .. Again I'm in agreement with you in theory, but would I bet my life on it ??
@@BillySBC Dexter Barry, Duval County. If you're interested in the source.. Anyone would know a jail doesn't have that kind of medication. That cop was shameless. Hope you have a great day.
You have the right to fall down and crack your skull
Dude, i'm from brazil, but i'm so addictive to ur videos, is insane to learn about the law and policy in US XD In brazil, they just beat you until you confess something that you might not even be related of. Cops killing civilians in brazil is just "normal" and they don't get charge on it, you guys should watch "Tropa de Elite 1 and 2", that is 100% accurate of our situation. Great content 10/10
What is your opinion on a Terry frisk? SCOTUS ruled that there must be a reasonable belief, based on articulable facts, that the person to be "patted down" is armed and dangerous, but officers seem to perform them routinely in the name of "officer safety". Officer Safety has become the catch-all for officers to do as they please.
In your experience, how often do officers report that they conducted a Terry frisk? If they do prepare a report, how often do they articulate the facts that led to their reasonable belief to be permitted to frisk?
Along those same lines, how often do officers prepare a written report at all after a Terry stop that doesn't result in an arrest? My opinion is that it should be done in every case, arrest or not, immediately after the stop without reviewing the body-worn camera or speaking to other officers. Ideally, since the articulable facts that give rise to the reasonable suspicion must exist at the start of the Terry stop, those facts should be verbally recited to the suspect at the beginning of the stop to be captured by the mandatory (and un-mutable) body-worn camera. Otherwise, which is the case now, the officer is free to "embellish" the facts (lie) if questioned later on.
Unfortunately, the officers know (and have been trained) that there is virtually no accountability when the stop/frisk doesn't result in an arrest or great court deference when it does.
I think the part most people miss is the part about not fighting a cop while being cuffed. If he’s unlawfully arresting you, don’t fight him about it. Let the cop cuff you and take home a big check in court for being unlawfully arrested. It’s really that simple.
You mean when the wife sleeps on the couch for the night.
Mikey does not play that game and she knows it.
“Best way to stay out handcuffs; don’t talk to the police.” Really??? Try it and tell me how it worked out for you. A friend of mine was detained, cuffed, injured, and charged with a misdemeanor because… he didn’t talk to the police. The misdemeanor was dismissed by the judge with prejudice after the first pre-trial conference and the officers are being investigated under title 18 ss. 241 and 242 while facing civil forfeiture under title 42 s. 1983.
You don't have any Rights if lawyers don't make enough money to take the case!! A lawyer won't take a civil rights lawsuit unless you have damages!! So there is no law or constitution when lawyer's won't help sue!!
To make a long story short, I had a man get irate with me because I didn't move fast enough at a traffic light to suit it so he promptly sped up and turned in front of my truck effectively blocking me in against a sidewalk and utility pole. He then jumped out of his van and started around it toward me. As I couldn't move my truck and couldn't get my driver's side door open, I reached into my purse and laid my .357 on the dash with my hand on it. When he saw the gun, HE called the cops! Needless to say, there we both sat when then cops showed up extremely quickly! He moved his van and I asked the officer if he wanted me to step out of my truck (I already had my license and my carry permit in my hand by this time). He said yes so, keeping both my hands in plain sight and my .357 still in plain sight on the dash, I exited my truck. He motioned me toward him so, keeping my hands out to my sides, I started toward him and when I was about 15 feet from him, he whipped out his trusty 9mm and pointed it straight at my head!!! A lady officer was asked to pat me down and handcuff me, which she did and then put me in the back of the first cop's police car! After sitting there for almost an HOUR, the first cop got in the front seat and his sergeant walked up to his window and told him that I hadn't done anything illegal and to let me go. Did this first moron do that? NO!! He kept me in the back of his car another 20 - 30 minutes trying to get other officers that walked up to his window to agree with him that there should be some reason that he could take me to jail!! Un-freaking-believable!! Thankfully, his sergeant came back around and asked him why I was still being detained and demanded that he let me go at which time HE came around and let me out and took off the handcuffs!! It gets even better (worse?), yet another cop walked up to hand me by gun (which they had obviously removed from the dash of my truck) and a baggie containing my ammo. This rocket scientist informed me that while I was free to go that I couldn't reload my gun until I was out of Nashville and Davidson county!!! I called every danged attorney in town and not a single one would take my case against the Nashville police department!!! I was pretty well convinced at that point that the cops could do anything darned thing they like and there's not a blessed thing we can do about it! OH!! It probably would have been even worse but (thankfully) the jerk in the van actually admitted to the cops that I didn't point my gun at him - only laid it on the dash and it turned out that he had an outstanding warrant so he's the one that ended up being arrested!!!
Couldn't find a lawyer within 100 miles of middle Tennessee that was willing to take on the Nashville PD even though we actually had witnesses as to most of what transpired! My son who was in our vehicle and only about 9 years old at the time had terrible nightmares for almost 2 months! I guess nothing like seeing your mom have a cop point a gun at her head to disturb your sleep!! grr..
What happened to putting someone in handcuffs only if they are considered armed and dangerous? Is that a policy or is that in the law somewhere? What about in my state where it is unlawful if you put someone in handcuffs and then you start to question them as opposed to questioning them when they are not in handcuffs?
Which state and which statute is that?
Hey Attorney Andrew! I’ve always wondered something. When being arrested or detained from your car, what happens to your car? I’m sure they don’t just leave it sitting on the road so do they confiscate it? If they do, how would they return it to you if you were not found guilty of any crime? Thanks, and God Bless Virginia!
Impound lot. You have to then pay to get it out. Car got stolen in Memprica in 86, car was found and had been impounded. Cost me $100 to get it back.
Saw my car in the lot when I went there...a cop saw me approach my car and screamed at me to back off...with his hand on his gun butt! Said, "it's my car!", grinning. He didn't grin back. Felt violated
@@JoeandAngie $100 is cheap, these days it's usually a lot more. The tow companies get city contracts and they're getting paid no matter what! Wrongfully arrested/towed? YOU will have to pay a lawyer $thousands to recover your impound fees.
Usually $300 is a low amount to get your vehicle back, and $300 is low to bond yourself out = $600 is usually the lowest amount to get yourself and vehicle back, then days off work for jail and court, then usually atleast $3,000 for an attorney, keep inmind this is even if you are innocent, they can drag this out for years, costing many days off work to appear in court, then they can continue you trial after you took the day off work and appear in court, i have been dealing with this exact procedure for almost 3yrs now, i am out well over $5k so far, and the all over the police didnt know my daytime running lights are legal, he made up 4 charges to stop, arrest and impound,
Good luck.
Many have mentioned impounding already. Some police, if very nice, will ask if there is anyone you can call to come get your car. You can ask if you can call someone to get the car as well, but they are not obligated to allow you.
Impounded at your cost.
Does a person have to sit on the curb or can I tell them, “no thank you”?
Whether an order to sit on the ground is considered lawful would depend on factors such as the context, the specific laws in the jurisdiction, and any applicable court precedents. In some situations, police officers may have the authority to give such an order if they have reasonable grounds to believe it is necessary for their safety or the safety of others. For example, if an officer suspects a person of carrying a weapon, they may order them to sit on the ground as a precautionary measure.
You could object and ask the officer if that is really necessary, or if there is somewhere else you can sit. It would probably help to point out a reason why you don't want to sit on a curb. For example where I live now in the middle of the day the curb is over 100 degrees which would cause damage to clothing and possibly burns on the skin. Ask them "I don't know why you want me to sit on the curb but it is incredibly hot. The coarse grain of the cement will cause damage to my clothing possibly destroying them and the temperature of the cement will likely burn my skin over a short time. Are you telling me that your "lawful order" is that I inflict property damage and burns on myself? Perhaps I could sit in a vehicle instead". They would have an incredibly hard time justifying later that they "NEEDED" you to sit on a curb, destroy your clothing, and burn yourself, with other options pointed out to them along with the negative consequences of following that order.
I did see one video where a female cop ordered a senior citizen out of his car and then to sit in the grass. She had not said that he was detained or arrested at this point. He refused to sit in the grass and after a few moments of back and forth she tackled him to the ground putting his entire body in the grass. I don't know if he was allergic or what but it was obviously completely unprofessional behavior. She couldn't possibly have been afraid of a senior citizen with no weapons. She hadn't even put cuffs on him or anything but was so determined to make him sit in the grass she felt assault was perfectly reasonable. In the end he wasn't charged with anything and she was fired. Another citizen saw the struggled and came to help the officer. He didn't know it at the time but he was assisting an officer in an illegal assault of a senior citizen who had not broken any law whatsoever. I hope he got the sh'it sued out of him too, he doesn't get qualified immunity.
Prior to the 1975 revvison of the Penal code it was legal to resist an unlawful arrest. No More.
Being docile and cooperative is no guarantee you won’t be handcuffed or worse…. Leos are usually contemptuous of the detainee, constitutional rights, and ignorant of the laws the enforce- sometimes willfully. It’s leos that escalate the situation most of the time.
That said , cooperation is your best bet when detained…. Always exercise your MIRANDA RIGHTS…. even if that’s always angers Leo’s…. be polite and button your lip….. request a lawyer at first opportunity before talking
Unchecked policing powers. Don't try to invoke your rights, just submit to the cops. They can do whatever they like, with consequences a rarity.
You always bring gold. Thanks for all you do.
If a cop is putting handcuffs on me and refuses to tell me why I'm afraid I won't make it to court and I just " disapear"
Your analogy falls WAY short, because in these cases, it's "the bear poking you and daring you" to do something. "Sleeping on the couch all night" does NOT compare to spending a day, (or several days), in jail waiting to stand in front of a Cop loving Judge. 😐
Sounds like you need to straighten up and fly right with the boss, uh, wife and do yer chores
Love the advice. Son is 18, going to college in August, Long hair, 6"1', 210lb, beard, looks 23...straight as an arrow, but is a lead guitarist in a band which puts him on the road late nights. He'll be profiled as a partier. (I was an RX and we profile(d) EVERYBODY)
Trying to give him the best advice. It's in a college town outside Nashvegas, too.
Makes me nervous.
Stop voting pro-pig
only very very rarely should you physically resist an officer. at the scene comply with the officers every request, even if you know the cops are breaking the law, as it's said "never interrupt your enemy when hes making a mistake" the only thing you should say is "im invoking my Miranda rights and i do not consent to searches." then keep your mouth shut no matter what.
everything the officer does wrong is ammunition for your court date. The time and place to argue that kind of stuff is NOT at the scene.
Great content as always. One way we manage cuffing is by requiring the officers to describe in detail the reason for handcuffing in the report. Even a catch and release will require a report/use of force report for us. Some guys try the "for officer safety" which is not sufficient. You see a lot of people here complain about the cops no matter what they do or do not do. In my brief 36 plus years as a cop, I have noticed that most of the time, the person getting cuffed, usually asked for it. The cops are not perfect but then again, neither are you. Some of this is generational, I have noticed that cops today seem less willing to risk their lives in the same way we did in the past. For some reason, everyone seems to want to live forever.
The answer is: stop being neutered and stop letting government minions have their way with you. If you teamed up with your friends, family, and neighbors you would be able to drive this deadly gang out of your community.
This is the problem with this country. Everyone is giving the advice to just be a good little Jew for the Nazi and fight it in a Gestapo court. It's time to start resisting these tyrants. We, as a country didn't petition the King for our freedom. We fought. Terry V Ohio is unconstitutional and is a Supreme Court word salad. The 4th Amendment say "Probable Cause and Warrant." Nothing about a "Reasonable Articulate Suspicion." Who gets to decide what's a reasonable suspicion?
“Not talking to the police” is the quickest way INTO handcuffs these days. You end up upsetting the paranoid, well-armed toddlers we’re left with after the defund the police movement ran a lot of reasonable officers off the force.
they're all being gr oomed to become "federal police" once the le ft "defunds the police"
Please correct me if i'm wrong, but there's not a single crime that TV detective Columbo could have solved if the perp had simply declined to answer questions. Lols!
You noticed that too.
Overturn Terry vs Ohio !!!
Make no mistake, if you're in handcuffs, you are under arrest. Any kind of mincing of words by the law is just there to moderate the masses. There is either detainment or arrest. An arrest always involve handcuffs, and if that also the case with detainment then how are they different?
A detainment means you are not free to leave. For example, a traffic stop is a detainment, but cops don't put handcuff on someone during a traffic stop. An arrest means you've been physically restricted from leaving.
Make sure you tell the cop your safe word… My safe word is avocado.
Unfortunately, police will always come up with a reason for anything. This is the issue we face.
All these advisers say speak up in court. Thats thousands of dollars most dont have. Its a no win for the victims
But big $$ for the lawyers that give that advice ;-)
Putting people on handcuffs for their safety is the biggest crock of shit.
B.S. arrest means to stop something . If you are not free to leave or move around you are under arrest....
What if they put handcuffs on me and I'm "The Lock picking Lawyer" (I'm not) and I remove them while they investigate?
Great use of Hulk and Loki 😂👍
Under basic word definition… you are under arrest if your movements are hampered physically. So if you are not marandised before, during, after being cuffed. Or even as far as being locked into a cop car backseat. It is still an arrest. And if youre held for an extended period, it can be false imprisonment. And if they do all that, then transfer you to the jail, it is kidnapping.
I just said that, but you said it first. The law is all about keeping the masses compliant.
I just love the way that the courts come up with REASONABLE, that invariably ends with citizens and LOSING MORE and MORE of THEIR RIGHTS that's reasonable isn't it!!!!!!
Good advice, generally. Thankyou.
If there is/was any discomfort or pain while you were handcuffed, is there any downsides to asking for medical attention to treat /document any injuries you may (or may not) have received. This might motivate them to document their use of force. Could you be billed for the ambulance/medicsl treatment?
That hulk clip was brilliant
OK, WE can't control what police believe in their heads, but according to SCOTUS Officers can ACT on what they "believe in their heads", like fearing for their lives. BUT, as a private citizen, (and untrained in law enforcement), we're required to PROVE we were actually in imminent danger of losing our lives. So, why is the "bar" so high for an untrained civilian than it is for an officer who's gone through a 6-month Police Academy?
"reasonable force to resist unlawful arrest" - According to the US Supreme Court, in Bad Elk v US, 1900, this includes deadly force.
When law and Supreme Court precedent clash, which wins?
So, first of all, the introduction poses a situation that might happen .1% of the time. You aren't going to be asked to step out of the car and be handcuffed as the officer says nothing to the person. IF it happens, and I'll give that a .1% of the time, you're already screwed because it is likely a corrupt cop to begin with and whatever happens next to you will not be good.
Next, is getting handcuffed. You are going to be handcuffed for two reasons; 1) You are under arrest. 2) For your safety and the safety of the officers. Now, the first, you're under arrest, speaks for itself. You are going to jail, you are going to be charged with a crime, and you are in custody. The second, is a bit more... fuzzy. You are not under arrest. You are being detained while the officers investigate and you are seen as, have given the officers reason to believe that, you are or could become a threat, to yourself, others, and/or the officers, so while they interact with you, they are going to restrain you and once that interaction is over you are released, as long as there is no reason for the officers to invoke number 1 and arrest you. Something to keep in mind is that there are times when officers have information you don't. There may have been a crime that happened earlier, they were given a VAGUE description, of the person or vehicle or both, and they think you MIGHT be that person. But, since they don't KNOW, they have to investigate, and since a crime was involved, they want to make sure that if you ARE the person, they are safe. That's one reason it might happen. Another reason is that you're 6'6" 400lbs of bodybuilder and they are responding to a dispute you are involved in. Again, if they don't know a crime has occurred and are investigating, and you've already given reason to believe you're going to be combative, they just may put you cuffs to head off a fight they likely would end up shooting you in.
Third is arguing with officers. RARELY will you win that on the side of the road. More than likely, you'll talk yourself into a ticket at best, an arrest at worst. IF you are going to argue with cops on the side of the road, you had BEST know your laws better than they do. Simply saying, "I didn do nuffin" isn't going to win you that argument. Nor is, "I know my rights!" If you believe the officer is ticketing you or arresting you falsely, document what happened, either as it occurs by recording/video, or after you are released in notes. Arguing in court with a lawyer is MUCH better than on the side of the road. Now, I said RARELY, which means a person CAN win, right? Well, yes, BUT, as I said, you better be able to recite the law, and laws, to them verbatim, with precedent cases preferably, showing them that IF they take you to court, it likely isn't going to end well for the officer. AND, it ALSO helps if you are a veteran, former law enforcement, firefighter, EMT, doctor, nurse, etc, WHEN you do it. Basically, you're saying, "hey, I'm (someone you don't WANT to do this to) and the law says (recitation of said law) to which this situation doesn't apply (because the elements of the law are A, B and C of which none are present)".
Ah. Terry v Ohio. The bane of people everywhere in the US. The problem with Terry Stops is that officer's today have no clue what they NEED in order to make one, and, neither do 99% of the population. Today, officer's just see someone, WANT to stop them because, hey, they LOOK suspicious (or they are bored, or profiling), and suddenly it's, "HEY YOU, STOP". And here is where many, if not most, of the situations get out of hand. 1) Officer's don't know what they need to make one, 2) People likely haven't done anything, so, the argument starts, 3) Officer's are like, "I AM THE LAW" and escalate the situation... yeahhhh... then it's a total sh*tshow. Basically, there are MANY factors that can be used to justify a Terry Stop, but, they MUST be articulatable in a court of law by the officer. Things like, time of day/night, area being known for crime/criminal activity, furtive movements/gestures, etc. This is, again, a situation where it's best to argue in court with a lawyer IF the situation gets to that point. Because everyone has seen the videos where a person is stopped, the argument starts, then the "you're under arrest", then the fight. And that arrest? Was for the argument.
Hands. ALWAYS and ALWAYS keep your hands visible, slightly away from your body to either side of your waist. Do NOT put your hands into your pockets unless you are asked for something, like your wallet, to which you have to reach for it. Every single officer in every single academy watched videos, dashcam or bodycam, where an officer was on a stop, the person reached into their pocket, pulled a gun, and shot the officer. EVERY SINGLE ONE. And that is EXACTLY what is in their mind when they see you reach to a pocket without being told to get a wallet, etc.
Is it your right to deny consent to search your vehicle? Yes. A search of YOU is a pat down, and you aren't going to "deny" that as it is part of officer safety to pat someone down for weapons on a stop. Yes, it's legal for officers to do it. For a car? You can deny consent. In a lot of cases, yes, simply denying them the consent to search will make them go, "oh, hiding something!", and they will threaten to get the drug dog. So, here's the thing. You have two scenarios when it comes to vehicle search; 1) YOU have given the officers reason to believe there is something in the vehicle, or 2) You are dealing with corrupt cops. If it's #1? There likely IS something in the vehicle... drugs, gun, etc. If it's #2? There WILL be something in the car, likely drugs planted by the officer. Either way? It doesn't end well for you.
What you do is up to you. But IF you decide to deny consent, and I would as well, be ready for the threat of a K9 unit. That can't keep you on the side of the road for an unreasonable amount of time. But, if they are corrupt cops, it won't take long. The K9 will show up, and likely move to the front passenger quarterpanel where the dog will "hit" on the vehicle out of camera view. I would ALREADY be asking, on their bodycam, WHY the dog hit on THAT point? Why not at the drivers door? Why not IN camera view? If there is that much drugs in the car, that dog should hit at EVERY door, on EVERY side of the car. I would ALREADY be setting up your defense in court. But, frankly, if the cop is that corrupt, and it's a small town/county, the judge may ALSO be corrupt. Soooo...
So, here is my advice...
Do the speed limit. Not 5-10 over. Not 5-10 under. Set your cruise control if on the freeway. Follow all traffic laws. Do not give a cop a reason TO pull you over. Because today? I don't trust cops. Not with civil asset forfeiture where they can take my only vehicle just because they want to do it to fund their manning. I don't trust cops to not be corrupt. I don't trust them to not escalate the situation because "they are the law". I don't trust them to KNOW the laws they are enforcing. And I'm former law enforcement.
They should be the one's to not poke the bear. I'm a very big man size wise. Respect goes both ways. They cuff you because they can get away with it. I'm not ever going to sit on the curb.
@5.00 why should you "comply" with what they are doing? 14th amendment says " all ,men are created equal" if he wants to "fuck" with you, "fuck" with them back!!! doesnt really matter if he has a police uniform on, or a Carpenters overalls, or maybe a McDonalds uniform. what he thinks he can do to you, you can just as well do to him.
He did not mention to state your 4th amendment rights, asking the Illegal Law Enforcement Officer to present a warrant to require them to not give you an illegal command to exit your vehicle, ask for a supervisor and require a statement of probable cause and Reasonable Articulation of details of what he has seen or heard that a crime of a broken law and or claim of damages to property or bodily harm has occurred is occurring or will occur. INVOKE YOUR 4TH AND FITH amendment rights ask for a certified warrant signed and specificity the crime and place, dated and naming you exactly signed by a judge that has a current oath of office current with the date of the encounter. ANDREW FLUSCHE does not read your comments nor respond to them. He does not interpersonally care to do anything on HIS channel but put out videos and most are soft in His professional options. Which i intend to say with more of favor to lay down and depend on lawyers services just calmly let these non law officers rape you of your constitutional rights because you should be ignorant on how to know quote and persist with you inalienable constitutional rights 1,2,3,4,5,14 amendment rights.
were just a cash cow to these bad cops.
You are EXACTLY right. Virtually ALL traffic enforcement is revenue driven. The contribution to public safety is nil.
😂😂😂😂😂 when a cop is hanfcuffing you just relax and allow it to happen...he said right after showing video of cops assaulting compliant people in handcuffs. Screw this guy.
So just start blasting ?
All I heard for 7 minutes was “if a cop wants to f*ck you up, they can and will, there isn’t anything you can do about it”
I also keep hearing the world “reasonable”, like we’re working with reasonable people here 😂
I don't care what the "law" says, handcuffing another person without their consent is a violation of that person's right to move/travel freely. Nobody has the right to kidnap other people, not even government agents. Authority is a myth... it's a privilege that governments take for themselves, not a right that they naturally have.
There’s TV shows showing and teaching us how to cook a turkey, a taco, a complete dinner. There’s TV to show us how to build and engine, repair the brakes, polish our car. TV shows how to make a dress, put on makeup, and balance our checkbook. Where are the TV shows that reminds us, teaches us, how to protect our civil rights? Where’s even one show we can see what our rights are and how to protect them in a traffic stop? How many million people would benefit from such a single show or TV series? A simple traffic stop can escalate to an arrest, days in court, losing one’s job and tens of thousands of dollars in defense.
i have news for you. It was never a simple traffic stop. You were profiled, and doomed the moment the conversation went beyond the traffic stop.
Chris Rock -- 'how not to get your ass kicked by police' video. educational.
Don't worry about police arresting an innocent person.
After 30 or 40 years justice may be served.
I guess our fore fathers wouldn’t take your advice on not resisting those are tyrannical. This is why our society became weak.
So one should just go along with an illegal arrest but they know they 4:55 could not afford attorneys fee to go after them. So why b cool, calm and collected. We do not need attorneys telling us to just go along with it and know they can not afford the unbelievable expense of an attorney. This video is only good for people who can afford an attorney.
What do you do, when you can't put your hands behind your back. I lost most of the muscle that lets you do that due to a massive antibiotic resistant infection.
@@chuck-ep2yr Is there anyway to inform the cop I have limited arm movement? That will prevent my arms from being dislocated?
Tell them that immediately up front, after that you are in their care and if they injure after you notified them of your condition your lawyer will have something to work with.
They won't believe you
Then you are resisting
Then you are beaten or tased or shot
Good luck 🤞
@@DaveBigDawg I guess I could slowly pull my shirt up and they could see the pacemaker and the scars with skin covered bone. Tell them and move very very slowly
@@kirkmorrison6131 yes you could
How many times is a person supposed to ask a Police Officer what they are being arrested for?
all of them
This is no joke. Asking a Police Officer what is a person being arrested for more than 40 times during an arrest did happen. There was never a answer.
My question is about those people who have medical conditions such that being handcuffed will almost certainly lead to needing medical attention. How do they inform the police officers who are intent on cuffing them?
You did your job as a. Lawyer. Help the police State !!!
I always wondered about getting into an actual fight with an off duty cop. For context, I'm talking about two people in a casual fight (the typical things that happen like a small brawl at the bar, or "you just scratched my car" type of situation). I get either way someone is probably getting charged like in normal circumstance. However, I wonder if the civilian will get charged with assault on a police officer. Especially if the civ. didn't know the other person was a cop; or did know but it had nothing to do with a police matter.
What would you advise a deaf person to do when they have to have thier hands to communicate
Use your settlement money to pay for a hit on the cops IF you can't take them out immediately
You're "hindering my investigation"
If I'm arrested and brought in and I ask for a Lawyer, can the police question me anyway without providing a lawyer? What if I become a chatty box after I say I want a lawyer? Will that be used against me?
It's no a matter of can they, it's how much effort will they put into getting y ou to say what they want to y ou to say.
At least you can avoid getting married...
Great video! If you are told to get out of the vehicle, do you have to?
YES. If you are told to exit the vehicle you must do so under law.
@@BillySBC which violates the 4th.
@@bornfree3124 Not really. They still don't have a right to search your vehicle or your person, so long as they do not have probable cause. You should make it abundantly clear to the officer if they ask to search your vehicle that you do not consent to a search. If there is no valid probable cause and they do it anyway, then any and all potential evidence against you, most commonly drugs, are inadmissible in court. Yes, they may threaten to bring out the dogs, but there is a law, and some states have it codified into their own state constitution, that there may be recourse for the officer delaying the stop much longer than it would take to write a citation. I'm not a lawyer, but those are the facts as I understand them. I hope you learned something :)
I would love to see this happen in an audit one day. As soon as the pig shows up, make the following statement. As soon as you do that, there should be no questions. This is NOT legal advice, just one dude to another.
"Officer, I have the Right to remain silent and invoke that right at this time;
.I know that anything I say can be twisted and used against me in court, therefore beyond this point, I will not speak;
I have the right to an attorney and will not speak without an attorney present;
I can not afford an attorney, therefore you must provide one before any questioning.
The SCOTUS has ruled that you can utter any lie you want, and it is legal. I, therefore, trust that every word coming from your mouth is a lie, and will not believe anything you say as truthful. How can I help you?"
It’s never ok to let tyrants arrest or even detain innocent people that have done nothing wrong and just want to be left alone which is why it’s lawful to defend yourself against unlawful arrests!!!
It might be "lawful" to resist but will it hold up in court after the fact?
when all gov employees are on the same page no action will be taken against them. That's why they have a monopoly on violence.
I have often heard that being handcuffed is a de-facto state of arrest and should be treated as a arrest. So keep your mouth shut and only answer questions with a lawyer present
Its an arrest. And don't let anyone ever tell you different.
You should do a video about “qualified immunity” police officers have and what circumstances can cause them to lose that protection.
The only way I could see a cop losing his qualified immunity is if he actually did the job we're told he's supposed to do instead of write tickets and draw chalk lines.
To save Andrew the trouble I’ll explain it for you. Before I explain when it doesn’t apply I want to explain what it protects officers from. QI is not a get out of jail free card, nor does it mean the officer can’t be criminally charged. It protects officers from being personally sued in a civil court when it hasn’t already been clearly established that the actions of said officer were a violation of the constitution and or excessive/unreasonable.
When I say “clearly established” I mean the action has already been ruled unreasonable/excessive in a previous court case. So the only time when an officer does not apply for QI is when the action has already been determined in a court of law to be against the constitution and or unreasonable/excessive.
For example if an officer stops and frisks you for a weapon without RS and a reasonable belief you are armed and dangerous. That officer would not be able to claim QI because the court has already ruled in Terry v Ohio that police need at least RS to detain you and to have a reasonable belief that you are armed and dangerous before they can frisk you. I hope that helps!
sue the officer? only if you can afford a lawyer. justice is apparently only for those that can afford it.
Or those with a (D) next to their name
What would happen if the "officer" asks you to get out of the car, And you put him in handcuffs? If they can do it, so can we.
That's as dumb as it gets.
Classic example of : "It's best to remain silent and be thought a fool than to open your mouth and remove all doubt".
It should also apply to politicians whose policies are an obvious danger to the world, doing things like starting undeclared wars and collapsing an economy.
The scenario that concerns me wrt compliance is "no consent to search" --> dogs --> fake "alert" --> finds cash --> "cash is guilty of crime" (somehow this is legit per courts) --> cash is seized without criminal charges --> costs more money to sue for the cash than the cash that was stolen. Even if you ignore external sources, the government's own documentation of how the law works in this interaction + financial statements demonstrate that a large % of the above fact pattern is common.
It's unlikely that resistance in this scenario will end favorably for the victim in terms of any resulting physical altercation. On the other hand, it's also the only way the victim isn't guaranteed to lose thousands of dollars many cases. I have no plans to move around with that much cash, and I'm well past the point where I could successfully resist physically with any real chance of working. Or to be willing to accept that level of personal danger. However, if presented this fact pattern in court (victim somehow beats the odds and successfully resists an armed robbery attempt), it's hard to envision a scenario where I'd be willing to convict the victim no matter how much it escalates.
Ok what if you're disabled and have serious and severe issues with your shoulders?
then they'll add resisting arrest to the list of y ou r tr umped up charges.
Great channel!
Hey Andrew,
Great advice. Thank you for you helpful and sage advice.
What do you do if you cannot physically get your hands close enough behind your back to be handcuffed? because of shoulder issues i can no longer get my hands close behind my back. I wouldnt want to seem to be non compliant, but any attempt to force them together would cause extreme uncontrollable pain. if i try to grasp my hands together, for example, it feels like my left shoulder is ripping apart and things are tearing.
They are supposed to use two sets of cuffs... to spread farther.
thanks for the replies. i cant really see it ever being an issue, but you never know now a days. you express an opinion that is not the "correct" one and who knows where it leads.
@@marchapril5783 There's a chance that telling the cop about your shoulder issues would be like showing an injured bird to a cat - they're gonna make damn sure to hurt you.
I'm rather curious how many times THIS lawyer has been arrested...............................................i bettinng , never, cause he don't know squat.....cops will and do fuck you up just for fun
Mr. Flusche, you should watch the many videos which show police officers being unreasonable.
Serious question: If you KNOW an officer is falsely arresting you. Say you literally watched them pull drugs out of their own pocket and then hold it up to the camera claiming it is yours. How much force can you legally use to escape that situation. Lets imagine you are a highly trained individual and you know you are perfectly capable of disarming the officer without killing them. They will likely be harmed but they are attempting to harm you. Should you just let it happen and hope you find the one court in the world that won't believe the cop when he says he found the drugs on you? Should you struggle to gain your freedom then leave the area? Should you arrest the officer and call the police to turn him in?
In that first case, you do not have to get out of the car. He 'asks' with a commanding tone. You should say something, like politely say, "I'd rather not". And then -if- when he says it again, say, "Are you ORDERING me out of the car?" This can help your case.
Regarding suing the officer. IF officers GOT PAID ENOUGH they would not have to go out of their way to get a goofy "arrest" out of you for their "quota". They could go after the REAL offenders, AND NOT GET SUED! Use the SUE money to pay the officers, so they DON'T have to do silly arrests to get their quotas, and risk lawsuits.
i had a sherriff.. after approaching me.. told me to turn around.. when i asked why.. he repeated... turn around... when i asked again... he then grabbed to force me to turn around.... as i had no idea what was going on... i felt as if he was just attacking me... and i thwarted him... pushed him asside.. and then walked away... when i realized... no where to go... as he tackled me from behind... and then charged me with resisting arrest (felony),, after the whole weekend.. posted 7000 bail.. the sherrif told me he was new.. and was fired on how he handled the "arrest" but was told by a lawyer... its a good o boy network... and even though he was fired he would show up at my hearing... to say i resisted... and was told i had 25% CHANCE OF LOOSING... SO I was forced to accept a plea deal of what i did not do vs.. risking chance of felony... its all crap! if you have money.. you can fight... but is the same lawyers... same cops... and no one you can trust! small town.. everyone knows everyone.. and the lawyer wants money... the cops.. have a carrier... and you have to have enough money to fight! because in KY your in jail till you post bail... no bail bonds.. so $7000 for ... crossing lines.. at 2am leaving work....and wasnt till afterward... they record in the police car.....so i had to accept dui... leaving a 10 hour work shift... at 2am.. and i crossed the line on a split highway... Which is a felony... truth be told.. i was exhausted and somehow.. managed in complete darkness go to the other side of the road... dont resist!! dont resist... and if you can.. film yourself...
All this lawyer what is the penalty for violating rights? He won't answer. Under the law, you have no Rights. Violating your rights results in no punishment because no punishment was written into the Constitution. Therefore, by law, your Rights are hypothetical.
The thing with handcuffs is that cuffing a suspect is what's known as a _dominant strategy_, which is a situation where one person has superior tactics regardless of how their opponent may act.
There are very few downsides to police for placing a suspect in cuffs, compared to the multiple benefits it brings.
Conversely, there are very few benefits for NOT using cuffs, vs many potential downsides depending on how the suspect acts.
Therefore, it is tactically advantageous to ALWAYS use cuffs when possible.
Knowing this, why would a police officer ever choose to handicap themselves by ever _not_ using them? They're always going to use the simple excuse of "he seemed dangerous" to get you immobilized.
I have resisted 2 cops into wheelchairs and if I had it to do again it would be a coffin