Can You Walk Away from Cops? San Diego Criminal Lawyer Explains
ฝัง
- เผยแพร่เมื่อ 11 ก.ย. 2024
- If you're not "detained," you are free to leave. And walking away is no longer, in and of itself, justification to detain you...assuming you weren't lawfully detained in the first place.
#themoreyouknow #knowyourrights #detention
They do not care about your constitutional rights. You can assert your rights but the police are going to make it extremely painful. The only place you actually have any constitutional rights is in a court room. The police will violate your rights and not care. If they get called out on it, they will first try the qualified immunity ploy. If it goes to a lawsuit, the taxpayers will pay it, which is no skin off the cop's nose. If his violation is illegal use of force and he loses his job, he'll get hired by the county next week. There's virtually no incentive for the cop to recognize your rights under the constitution.
You are so funny... you have rights in a courtroom! Hilarious!
@@johnbarker8305Right, the same courtrooms where judges have passed rulings in officer safety, qualified immunity, Terry stops and Penn vs Mimms? No, there's no constitution or rights in a courtroom either. Cops figured out that judges need police for protection, and if they rule against them then no one is gonna show up next time a judge has a threat made against them. The only ones saying "save it for court, that's where you'll get justice" are the lawyers who are just trying to get paid by making you think that. You'd be as likely to get your constitutional rights recognized and protected from a cop by another cop than you would a judge. It's just a different enemy and battlefield but the same old war and bad guys.
Which is why qualified immunity must go
...and that's one of the reasons why there's no such thing as a "good cop"
Sad but true
The "no no no" line is only half-right.
Most police these days use a trick question to get your consent for a search. "Do you mind if I search your [insert personal property here]?"
The correct phrase should ALWAYS be "I do not consent to searches", no matter how they phrase their question. It leave no room for manipulated interpretation.
I actually think the he is a quarter right, and you are half right. The correct phrases are:
"I do not consent to searches. I assert my 5th amendment rights and do not answer questions. I assert my 6th amendment rights, I need a lawyer" Then if the cop asks you any questions, respond with "I need a lawyer, am I free to go?"
As you said this will leave no room for interpretation, along with making sure you do not incriminate yourself and are properly represented. The response to follow up questions is also important as it shows this is not a consensual interaction and re-iterates your request for a lawyer (which should shut down all further questions). I also believe in most states non-consensual interactions are limited, so if they attempt to hold you longer than is required to reasonably investigate the suspected crime you have a lawsuit.
You are right and I appreciate you but that's not a trick question do I have your consent how do you freeze it the word search automatically means you say no,, the one you're not under arrest there's no need to search me!!! Mr.Q Southside Jamaica Queens
I'd keep walking because my mom didn't name me, "Hey, come here."
ABSOLUTELY.
But, their mom's named them, "right here."
You're such a genius idiot.
@@ThroughtheLookingGlass-yg2fj HA.
Same. I'm not named hey you. Come here. Or anything if that sort
Never say just no........... Always be very specific, and say I do not consent to a search or seizure
But is it legal for me to tackle a cop who is breaking the law? Yes, but you'll get unalived on the spot....
Is this right? No.
Just keep walking. I dont talk to strangers especially those with bad intentions. I dont associate with armed bullies, liars, and egomanics.
Great video. Informative.
Rights in this country just went down the drain
or, you could act like a white guy.
ok officer, what do you need?
Name DOB and some sort of ID,
here...
did you see what happened? I only saw the atermath...
Also if you are free to leave, that means you are free to stay also.🤷🏻♂️🤷🏻
Also do not use biometrics to lock your phone because if you get arrested cops do not need a warrant to make you put your finger or your face on or in front of your phone to open it up. Amazingly enough that would not be considered an illegal search because they're not asking you to provide a PIN code
Where in the dumb and wrong parade did you pick that ignorance up?
If they ever do this to me, I will go after them for identity theft!
I will also go after the judge who authorized the criminal acts.
What they are overlooking is the fact that when they use my biometrics to unlock my phone, they are acting as if they were me.
While they may have legal right to access my image or fingerprint to identify me. No judge as the authority to authorize anyone to commit identity theft, acting as if they were me. That is not the scope of the law that permits them to capture my facial image or fingerprints!
Since I have several accounts on my phone that uses biometrics, it would mean one charge of identity theft for each account on my phone.
That would result in a whole lot of years for the judge and cop involved!
It should be illegal. But i guess that's there loop hole.
@hegiratc That is no different than saying if you unlock your home or car, or the police use your hand to unlock them, they can search your home or car without a warrant!
However, the door to either one can be wide open, and the police still can not perform a search without a warrant!
In the case of the phone, the idea of someone else forcing the use of the face or fingerprint to unlock the device. Biometrics is a form of security, one of a higher level.
If cops could use the Biometrics of someone they have instead of a warrant, does that open up the door to them to access top secret materials without a warrant just by using someone's Biometrics?
If this decision applies to phones, it also applies to everything else that uses biometrics!
@@trinacook6466 this isn't true at all. Idk why my first reply didn't post but this is absolutely not a thing any cop is allowed to do at all.
When a police officer walks up to you the first thing and only word said is lawyer until she arrives
show me a law that says the police department has to provide a lawyer for you
@@robinssshow many time do you need the answer to this question?😂😂😂
that would turn every cop interaction into a hostile interaction. try to at least get a little info out of them first. cops know they can violate the rights of poor people illegally arrested for petty shit because lawyers won't make any money by representing them.
@@robinsss or the law that says you have miranda rights before an arrest.
@@krisbacca7196 I haven't seen anyone post the answer to that yet
Great community service info.
Thanks 😊
Thank U. Keep reminding us of the law
If you are detained for any reason immediately ask for a lawyer. You are detaining me? I now demand a lawyer present for questioning! But they will arrest you and take you to jail! So what going to jail is no different than getting a flat tire it is an annoyance and inconvenience but without a lawyer to run interference you might end up admitting to a crime you did not commit and get a life sentence, it has happened many times before.
if you are detained you have to provide an ID or ID yourself
show me a law that says the police department has to provide a lawyer for you
@@robinsss It is written in supreme court case law. In Gideon vs. Wainwright 1965 the supreme Court ruled that no conviction will be upheld unless the government provides legal council to those who cannot afford it.
I have a friend that INSISTS that he can talk his way out of anything. I don't do very many activities with that friend anymore.
@@CertifiedClapaholic There are many smooth talkers in prison today. You are no match against a team of law enforcement who have been trained in the nine step Reid technique. Only those who can keep their mouth shut remain free. Grandiosity complells the fools to speak only the humble can keep their mouth shut.
Just keep walking!
I got my law degree....now I'm an expert....just what the world needs....another know it all attorney.
I would tell anyone if he is a lawyer. DO NOT LISTEN TO HIS ADVICE. If the police say you are detained and you attempt to leave , not only can they use force to stop you but they can now charge you and convict you with an obstruction crime even if you did nothing else wrong !!!
@@crjcrj8443yeah thats why he said "technically speaking" you can walk away if they say youre detained, but then youll be tackled and face.planted into the concrete. Apparently youre the only one who takes that literally. The rest of us realize thats a round about way of saying dont do that.
@@LongJohnLiver
No, what I am saying is not only can they use force but they can charge and convict you you even if you are 100% innocent of any other offense. Some people think that they can just walk away and think at worse is the use of force. Some places it can be a year in jail just for trying to leave
@@crjcrj8443 I dunno what advice you thought he was giving. The vast majority of people know if you're running after being detained, you're going to jail when they catch you. That's evading. Again, that's why he said don't do that, albeit in a round about way.
Congratulations on graduating, now save someone.
He's got absolutely everything. Correct to a point. There are 2 of them.
If you're detained, don't walk away, don't pull away, cooperate to an extent.
The second point is man. I'm with this guys. You can be determined on the street. It has to be determined with somebody with the initial judge in their names. Not officer and not idiot being arrested
California past law you can just walk away from them if you didn’t commit a crime rather they want to talk to you or not
It’s important to ask that question insofar as the officer, by intimidation, may feign a false presence of “probable cause” to gain your compliance. Asking the question forces the issue whereby the cop must then reveal if there exists a legitimate “probable cause” to detain you.
LEGALLY JUSTIFIABLE Probable Cause. This is established with "Articulable Suspicion of a Crime". They cannot simply say "I had a hunch", or "He/She/They looked suspicious." They also can't roll out some lame excuse that amounts to " 'cause they probably did something".
The IMPORTANT caveat to that is that probable cause has to be demonstrated to the judge, not you. Most people don’t grasp that part. Your attorney must motion the court to dismiss based on a lack of probable cause to arrest and the judge will review it.
they don't need to have probable cause to stop you, they just need reasonable suspicion. the point of stopping you is to get pc.
@@afcgeo882 they don't need pc, only reasonable suspicion.
@@jimbeam-ru1my
"reasonable suspicion" OF A CRIME!
Suspicion - reasonable or otherwise - withouth a crime is insufficient for a detention. All too often police detain people for "suspicious behaviour" or "acting suspicious" without ever articulating any CRIME.
🍌😤
I disabled biometric unlock on my phone once i realized the cops can force your print or eye recognition to open and go through your phone with no warrant. only if you have to use a memorized code or pattern is when it's protected.
That all works on paper but in the real life it doesn't work like that especially in metro Dade county 😢
You forgot to mention this really only works when you haven’t actually done anything (or someone hasn’t accused you of doing something). The rest of the time you best cooperate. You don’t need to speak, but once detained don’t resist.
Never just say no.
"Do you mind if I search you?"
I did get detained on the shoulder of a surface street recently in Lakewood Washington. He said I was detained and then told me his body cam was on. Well, in my sixties and not being a jackass I said OK and casually asked him why I was detained. He told me I appeared to fit the description for a domestic violence suspect. That's when I started smiling. And asked who I "assaulted." When he said my son it was all I could do not to break out laughing 😂. You see, I live alone and never had any kids. At this point I said "well, don't you want to see my ID?" He said, oh,yeah. Like it was a novel idea 💡. Still playing it safe I pulled both hands out of pockets so they were visible, then turned 45 degrees so he could see my hand reaching in my back pocket slowly to pull out my wallet. I gave him my driver's license and he wrote down my number in his scratch pad. Now here's the punchline. I handled that situation so well because .............I'm retired from the department of corrections, and also my age, and because he quickly appeared to be misinformed. It doesn't pay to be a belligerent jackass, especially when you know you're right. That's when most people go wrong, when they know they're right. Don't get an attitude, ESPECIALLY when you know you're right.
Yeah, but you see Americans are supposed to have some self worth. The idea of just bending over and licking boots bc COPS today are all jackasses might work for a limp 60 yr old fruitcake, but there are still some Americans left who believe that the rights we were promised matter, and that dying on our feet holding them is better than living on our knees handing them over to every lying jackboot pig who wants to harass, molest or assault members of he community they're supposed to protect and serve. And don't give me the "dangerous job" line, bc ONLY 136 officers died on duty in 2023, (car crash #1) while they killed 1,163 people. Making it almost ELEVEN TIMES more dangerous to deal with a cop than to be a cop. The days of Andy Griffith are over, Grandpa. Today, we have aggressive tyrants who violate fourth amendment rights with Terry stops and literally get away with murder hiding behind qualified immunity. YOU might be willing to bend over and spread em or lick however much boot it takes to not get hurt bc at least you know you're right, but there's nothing right about having surrender your worth, rights or liberty to an agency that has COMPLETELY lost their way.
You see, by just voluntarily forfeiting your 4th Amendment right to privacy, you're setting us ALL BACK. It's partly because of people like you who are so willing to submit to authority that cops expect that everybody else will.
If everybody invoked their 4th amendment right and told the officer that they won't get their ID until there's some Reasonable Articuable Suspision, then perhaps we wouldn't live in a country where cops feel entitled to people willingly forfeiting their rights....heck, if everybody invoked their rights, maybe law enforcement would actually have respect for the Bill of Rights instead of seeing it as an obstacle.
Unfortunately though, we have people who in psychology are called "Authoritarian Submissives", they have what is called Authoritarian Personality Type and one of the characteristics is "Authoritarian Submission" which is defined as blindly submitting to authority and siding with authority by default regardless of evidence (like the people who can watch a video of a cop shooting someone in the back and blame the victim for not "complying"). These are the "back the blue" types and instead of just ignoring the police brutality and corruption and pretending like it doesn't exist like so mamynothers do, they actually like the brutality and justify it.
Based on the research on Authoritarianism and how you yourself have displayed Authoritarian Submission and to some extent Authoritarian Aggression (displaying aggression and violence towards those who do not submit to authority or are perceived as violating the status quo) I'm going to go ahead and make the following guesses:
-You're an avid Trump Supporter (Trump supporters have been shown to be the MOST authoritarian Americans)
-You think the criminally accused have too.many rights
-You think harsher punishments would solve nearly everything
-You probably are "anti-woke" though cannot define what "woke" even is
Im afraid that kind of intelligence is way above most that want to mouth off and picknup more charges along the way .
@@paulsouth4794 Bootlicking is not an indication of intelligence, it's a reflection of a person's courage and will. Our forefathers weren't unintelligent bc they stood against tyranny, they just valued their freedom and liberty more than their lives. Most Americans today are so soft and cowardly that they just bend over and comply for law enforcement, regardless of whatever rights are being infringed. Instead of hiding your lack of courage behind intelligence, you should be thankful that there were at least once enough American men who cared more about liberty than charges, otherwise you wouldn't have those rights.
if u cooperate u won't ger hurt but they could sill plant evidence or trump up some
I didn't know they were talking to me.
Thank you for posting the truth
Better be recording them as well
Hope you have money
Sad
Not without my lawyer
Ok with that ferragamo belt. I have one next I need to become a lawyer
In Virginia its legal to resist an unlawful arrest. I know someone that beat up a couple cops downtown at a festival, got charged with assault of an officer. Got off due to illegal detainment.
In some states it's not but it should be legal to resist unlawful arrests in every state, and honestly you don't know if that "off duty cop" might be the next Ted Bundy or not
@@dainbramage9508 in every state it is legal to invoke your rights. which include not obeying illegal orders.
@@genxray951 it's legal to invoke your rights but in some states you don't have the right to resist arrest like NY, IA, NC, etc. Many states allow it but almost always you're gonna get arrested in the end and likely injured so choose wisely and know your laws
ah sweet justice i'd still be in jail
GREAT VID!!!! THANKS FOR SHARING!!!!!❤❤❤❤.
Thanks for posting.
If he says hey come here I’d say Iam not a dog and I am certainly not your dog
And always remember legal don't mean LAWFUL 🙄💪😎
They say you are free to go, but when you go, they say stop im talking to you. You say im not detained, then they say you are detained. So what is the thing to do?
Ask, "Am I being detained, or am I free to leave?""
If you just ask, "Am I free to leave," they have an easier time deflecting and avoiding answering the question.
However if you ask them if you're detained they decide that you are right then and they will never say you're free to leave because they're not willing to just let you go that easily
Keep giving people this information and these people will be in legal trouble .
And you have what qualifications?
It not consent conversation
What!?
you can legally shred your phone and buy a new one for the hell of it after police contact requesting your phone or other devices just buy a new one or have 2 phones in your pocket or pockets!!!!!??
That shhhh doesn't always work because we have crooked judges
Never run away from a cop. The worst advice you can give to someone is to tell them that they can run. These people are trained as predators and running away can cost your life. Walk away
They wanna go through your phone ? WHAT??? Just out of the clear blue? Yeah..NO!!! WTF
I've seen two cops get knocked out by a guy that didn't write it up
Ask "Is this for a consensual conversation?" If so say, "I do not consent" and walk away.
Remember kids your miles may vary depending on your melanin 😂😂
Uhhhhh not always
He missed an important point; under what circumstances are they allowed to detain you?
Start a timer. When it goes off they either let you go or arrest you.
ALWAYS Run, ALWAYS DEFEND OURSELVES
In a situation like that when would it be appropriate to threaten a with a lawsuit?
Good job goof ball. Many young people will wind up in the system because of your little videos.
Pass code/word your phone. Not biometrics. I understand they are allowed to force your finger to unlock your phone with a fingerprint.
And they beat you and charge you with a bunch of bogus charges, and 12 years later, after years in jail, your charges get dismissed.
In that case take the police city and state for false imprisonment win big prizes
@@howarddugan798 no amount of money can make up for years of being stored like a side of beef by soulless pigs.
That's not how due process works.
@wlonsdale1 you're right that's all the process we are due according to them
@@wlonsdale1You're right, that's not how due process works. But that's exactly how it works in America today. You want to be buried in examples of people who were done that way?
If I walk away after being told I’m detained and they tackle me is that resisting arrest or resisting detainment?
All the cop has to day is we have an anonymous informant
They are allowed to dp a pat down for weapons. That is allowed. It isnt a search
High schools should teach a class called "your rights if stopped by police"
Get out of the road
No reasonable articulable suspicion, no cause for detainment. What if your hearing impaired and don't hear them.
A word of advice: if you have just parked your car illegally, say, in a handicapped or tow-away zone, and a cop asks to speak to you, it's a good idea to stop. He probably wants to save you from the ticket and towing fees, and save himself from having to write the ticket, fill out the tow form, and wait for the tow truck.
Thats not the point of this. The point is if you have done nothing illegal and they are trying to stop you and talk to you with no legal basis which happens all the time.
Thank you.
Know your rights against the Hitler blue line
Also don't use a fingerprint on your phone, as they ruled it can be used.
When an officer says, "Come here," immediately start recording. And hold your smartphone so you can lock it.
Make it as difficult as possible for the cops, then complain that they "aren't doing enough to stop crime". What brought down the crime wave in NYC during the '90s? Lawyers?
Why ask if you’re detained not told you are?
Been on this earth 60 years, it just hasn’t happened. Don’t do anything today you have to look over your shoulder for tomorrow.
This only applies in USA. Certainly not where I live.
Once you are detained you tell them you're invoking your 4th 5th and 6th amendment protected rights at this time
don't do any of that. Don't start mentioning rights at all because generally the people that do are wrong about what rights they think they have and are a pain in the ass to cops, so you will guarantee a more hostile interaction by taking that route. Cops won't give you any more information than is necessary so don't give them any. If you think your rights are being violated then they should find out by the complaint you file or legal action you take.
If you EVER wish to fully invoke your Fifth Amendment Right (to silence) you MUST do so explicitly: SAY that is what you are doing! (And then SHUT UP!)
This derives from the 2010 Supreme Court Case of Berghuis v. Thompkins.
🍌🙂
Yeah... But if you're in a motor vehicle it all changes. Then, it seems, you have no Fourth Ammendment rights oif youre on a public road. Why is that?
If they have a ligit reason to detain you they will , if they say hey you we want to talk. Kerp walking and ignore them but get your phone recording. The right cop and your going win the life lotto.
You forgot to tell us about the right to defend ourselves against false imprisonment.
They do not need. They can in fact detain you if they feel like it.. (none said that was legal)
All nice in theory !!..but what are YOU doing to punish violators ???
It's 1am and there's no one around but you and a cop. You better do what you're told.
Why? Life, Liberty and the Pursuit of Happiness is my Right. America!
@flipper184 cop is scared and tired. Probably hungry..and it's like the newlywed game, "and here you are!"
Life's not fair
"We were Called" and "We are trying to figure things out" are Not Legitimate Legal Reason that would Obligate a Citizen to be Voluntarily Detained...Keep walking until they can State a Crime they/Reasonable person, would have probable cause to suspect you of?
❤❤❤ respect for exposing the criminals and idiots in blue and educating the public ❤❤❤
The only thing you say to a cop is “no” and “I want my lawyer”
Doesn’t matter if you are innocent or guilty you don’t give consent to anything and you want a lawyer cause they will do anything to FIND a reason and even you saying you going to a local store is enough for them to claim you were planning to rob it
In theory but in practice it is different
Tell the cops, I will charge your surety bond for each constitutional violation against me. 🤔
It is horrible that we need these instructions on how to deal with cops that we pay, rather handsomely at that.
prison guards get paid better
@@user-bv9js4mi7p Unless you have proof I would say you are wrong about that.
You ask am l under arrest? If they say no , then walk away.
No!
Law enforcement could truthfully reply "No", then tackle you to the ground and arrest you when you walked away. YOU MAY BE BEING DETAINED!
🍌😤
Thank you for that but basically those are things that we know let us know the statues let us know why we have those rights let us know the Constitution if you want to give us information give us information that we can use that we can also use in court the statues of our rights ARE!!!! That would be very helpful. Mr.Q Southside Jamaica Queens
New Sub keep up the content 👏
What about you standing in the middle of the road, As traffic is trying to go by unimpeded?
Ask if I am your prisoner, being detained is a euphemism for what is really happening. 😊
One problem is that violating your constitutional rights is not a criminal offense per se, so there’s not much deterence for cops 😅😅
Yechnicallu speaking. Come here is a lawful order that establishes by command that you are being detained. Establish if you are being detained clearly "Am I being detained, or am I free to leave"
If thet say no, you aren't detained, the smart thing is to leave.
If they say yes, you are detai ed, you should then say, officer, I invoke my fourth and fifth amendment rights, I know you don't know what those are, but if you have any questions for me, you can direct them to my attorney, which I am asking for immediately, before questioning continues. And then you say nothing else no matter what stupid thing they say next, and they will say a lot of stupid things, just to get you to talk again and wavie your fifth amendment rights.
The fact you're detained means you cant walk away . If you are arrested they can search you.
If they detain you don’t talk to them. The only words you utter is I want to talk to a lawyer, I will only answer questions with consul present.
Aaah, the land of "the freedom"
the ninth circuit just held that you can run far and fast
You don't have the right to run away from a detainment! Are you high?
People shouldn’t have to know their rights if the cops did, but they aren’t taught that, are they? Just treat everyone as a criminal.
Legally speaking they'll kill me if I argue.
What about the patriot act? Can the cops search you without Probable cause if you're within 200 miles of the coast?
Cops prove all the time consistently that knowing your rights is irrelevant. Depends on the cop but you have thousands of cops who get in trouble that just go to another department with a slap on the wrist. Yeah you can sue sometimes but compared to actual clean and punished law enforcement that's worth nothing. Good thing people are special enough to value paper notes over authentic public defense or justice or rights.