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I have half joked for the last 40 years that the requirement of a warrant is now the exception and not the rule. There are still warrant requirements, but it is so easy for police to sidestep the warrant requirement, the 4th Amendment is on is on its last legs. I have seen a police report that said the police might as well get a warrant because the police know I won't consent to a warrantless search.
“We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution but to overthrow the men who wold pervert the Constitution” - Abraham Lincoln
Question, can police confiscate your phone while detaining you because you have it (and so they can ensure you can't record the interaction, conveniently ensuring its your word against a police officer, allowing them to lie, violate your rights, frame you with planted evidence, or even make up a 'feared for my life' lie because you invoked rights and he ends you for having the nerve to say no) I only ask because my only comfort for my fear of cops is knowing that so long as I can be honest and be able to prove it in court. With cops and courts, its guilty till proven innocent or guilty till proven rich, and I want know I can safely prove my truth against the word of an authority figure who can seemingly do whatever he wants by lying. If I were a dirty cop looking to ruin someone and get away with it, first thing i'd do is confiscate the phone, get out of view of the dashcam, and the sky's the limit. So is there any law or protocol that would prevent or discourage a cop from confiscating or destroying a phone or camera?
The problem with courts continuing to grant exceptions to the constitution is that eventually ... the constitution will become nothing more than a list of suggested ideas
Its already there Jeeves. Haven't you been watching all the videos where cops do what they want. When a cop breaks the laws what are you going to do? Call the cops?
I agree. But the solution to this has to come from getting the elected officials who set police budgets to make it clear to the police commanders that the police budgets are set based on police behavior. That happens by applying political pressure on the elected officials.
@@engineeringoyster6243 that is such a short sighted and foolhardy tactic I just can’t comprehend that someone would think that’s a good way to influence people police behavior. here’s the thing there are in fact criminals that need to be policed. first things first.
Note, Be CAREFUL how you answer because they MAY ask you that question in a manner that answering 'No' actually says that you don't mind that they search. ..such as; "Do you mind if I search your **whatever**..?"
Also, if you consent to a search, you're F'ed if a cop who doesn't like the look of you decides to plant a baggie. Always object to a search because it gives the lawyer something to work with in case you're dealing with a dirty cop.
Have a friend who is a U.S. Government employee who was stopped and was asked to search his briefcase. He refused continually for several minutes until, the cops ripped from his hand and started to open the item when they saw a U.S. government seal on the lock. My friend informed them that it’s classified material he was taking to a government office. They opened the case anyways. Well it tripped a cellular alarm that notified a government security office. Within minutes they were surrounded by a group of federal officers who proceeded to arrest the officer who broke the seal to the case. Least to say he was detained for several days without being allowed to contact his attorney. Basically they ran a complete federal background check on the individual to make sure he was not affiliated with any terrorist organization. The Feds then took him to his station where they were read the riot act on searching Anything with a federal security seal. Rumor has it that this department lost one year of federal funds for this incident and the officer was relieved of his employment.
@@stormyweather9917 lol, I mean, I think it’s gotten worse over the last 30-40 years. Just a few weeks ago, I was asked to basically not shop at a local store because I had a backpack on.
Mooo. Listen to your owners and go the the next field. If is public land, ur not obstructing, if ur free to go, ur free to stay. What of ur on ur own property? Still gonna leave and give the cops carte blanch? This kind of simple thinking helps no one.
@@twitchell2682 Continuing your "consensual" conversation with the police will only lead to your arrest when they bait you into something they feel is a confession. Don't talk to the police. If they're on your property, tell them they're trespassing and ask them to leave. They may choose not to, but it will be much harder for them to explain, in court, why they stayed. If you were foolish enough to open your door and they now have their foot in the doorway, tell them you do not consent to any searches, you want them to leave and then WALK AWAY to another room. Let them stand in the doorway if they insist on doing so. Again, they may continue to trespass, but you're in a much better position should this go to court. Always remember that the city of Greeley paid out $200,000 when their police officer forced his way into a woman's apartment without a warrant and arrested her. He got fired. She got 200 grand.
There are to many exceptions to the 4th amendment. At this point we the people better start demanding that our representatives in government strengthen our 4th amendment rights.
Cops advance in their careers through arrest. When violent criminals are too dangerous to pursue, they 'll take me and you. You can be sitting on your front porch minding your own business and police can accuse and arrest you for a crime. Yes, there's a video of this very thing. The couple were senior citizens.
It always seems to come down to whatever works best for the police and our rights are violated. And if we don’t like it, or feel we have been wrong there’s very little recourse
and cop always lie, they smell marihuana for example, imagine when cop claims he smells marihuana just to search your can and whatever he finds if he dont find marihuana everything is thrown because the smell was a lie just to get acces to the car and search it illegaly
It's not the police its the government the police just work for them, our government has placed our Constitution in chains with fake concerns with your safety
My question is if you are at any location, car, open park, or whatever, and cops "make up excuses for searching, you really don't have any recourse except to watch them search. If you refuse, then you are getting arrested for some bogus charges. THEN you have to hire a lawyer and dish out money you don't have to have charges dismissed. There should be ruling that if charges are unfounded, then, locality pays legal fees. I've seen a occasion where person said and did everything you recommended and got arrested for interference with investigation because person explained "right to remain silent ". Lawyer got charges dropped at cost of $3,800. Who has that much money because of crooked cops.
This is part of the problem. They'll arrest you for a petty charge - say, loitering for example - so they can now search you. If they find nothing, they'll drop the charges. One thing that needs to change is, if a cop arrests you, nobody except you can drop those charges. MAKE it go to court, where that cop has to explain his reasonable, articulable suspicion that a crime was being committed, AND that crime necessitated a search.
@@tbdrummer67The vast majority of people would likely go to great lengths to keep their criminal case from going to trial. Most are very happy to just walk away with all their charges dropped, and not have it hanging over their head. Cops, prosecutors, and judges all know this, and they use it to their advantage.
Problem today is that cops will just say I thought I smelled weed or alcohol to use as “probable cause” even thought they don’t’ have any proof or suspicion. They say that to cover their arse. I know this because I was pulled over one night taking meds to my GF at the time. It was like 2-3 am. I got pulled over and the cop said that he smelled alcohol on my breathe which was a flat out lie because I don’t drink. He was doing this and was fixing to make me take the FST until I told them to call my dad which was a Sargent at the time. They immediately let me go. Cops are some of the worst crooks with their vague statements they are allowed to use. They almost all LIE to justify their actions and majority of the time they get away with it because of their “WE TAKE CARE OF OUR OWN” motto.
@@MonkeyJedi99You're driving one mile an hour under the speed limit, you're driving one mile an hour over the speed limit, you're driving the speed limit. That's suspicious.
"It doesn't matter what rights you have under the Constitution of the United States, if the government can punish you for exercising those rights. And it doesn't matter what limits the Constitution puts on governments officials' use of power, if they can exceed those limits without any adverse consequences." Thomas Sowell
HOWEVER IF we end qualified immunity then all that goes away. Nevada has done that and no il affects or excessive suits because government actors knew the law all along but ignored it until they had no immunity.
@@djea3589With all the videos of improper searches, wouldn't it be reasonable to assume that the action that you are going to try to do is illegal until proven otherwise.
Regardless of the situation… keep repeating “I do not consent to any search of myself or my possessions.” It sets the precedent for your lawyer to argue an illegal search was conducted.
I am amazed at lawyers who are arrested for not talking say they understand their rights when told they have the right to remain silent. Hell no I don't understand my rights. you are arresting me for exercising them.
what makes you think there is something unsafe in the back pack? why do you always jump to the wrong conclusions? your just looking for an excuse to bother someone.
Couple things to remember. #1 Your safety doesn't matter. #2 Assert your rights then zip it. #3 The cops are going to do what they want regardless of what you say so zip it. If they're making a mistake, don't try to correct them and stop them from what they're doing. Let them keep making the mistake and digging the hole deeper. it only helps your case if they're screwing up. It's like in war, if the enemy is making a mistake DON'T TELL THEM!
@@The10thManRules So glad he's dead and gone from us. He hated Dr King and he and Johnson connived to accelerate the draft during the Vietnam war resulting in the drafting of a higher ratio of young Black men such as myself although we made up about 12% of the total population.
In most states, no special warrant is needed to search through a locked glovebox or center console in conjunction with a lawful roadside arrest. There's little difference between them and a "locked" trunk.
A couple of opinions, based on experience: 1) One reason why you NEVER consent to a search of your car is, it has likely been in the custody and control of others. (Car washes, repair shops, etc) It is always possible someone had something fall between the seats, or under them. Always politely decline, and explain these issues as a reason. 2) If you decline a search, the police will threaten to get a dog, and detain you until they get one. EVERY police dog is trained to alert on command. So, even if the dog does not sniff anything, if the police want to search, they will make the dog alert. Any dog handler that denies this, is outright lying to you. (22 years experience with dog handling) 3) There is a couple of reasons for searches. For a person, the search generally requires probable cause. This is a more rigorous standard. (They witness an offense you did, you match a description of an offender they are looking for, you are hanging out with known drug dealers, or in an area known for drug distribution, etc. For bags, they only need reasonable, articulable suspicion. This is a MUCH lower standard. They basically can report that you were acting nervous, sweating, had speech issues, etc. Of course the other way is for you to consent to the search. The courts have maintained that in the interest of curtailing drug trafficking and drug profiting, (primarily in travel locations like bus or train stations, airports, cruise ports, etc) they can order your bag be detained if they can articulate suspicion, and you decline a search, until they get a dog or obtain a warrant. You can have the bag confiscated until they get one of these things. They will give you the option of waiting with the bag, or will usually let you volunteer to surrender it, so you can continue on your travels. The bag can be detained for a "reasonable" period. (Some courts have said this could be 12 hours, or potentially up to 72 hours in limited cases.) Getting the bag returned to you will be your responsibility. (either go pick it up, pay for shipping, etc) Thanks for the video.
Was pulled over and officers wanted to search my locked tool boxes because they were under the impression I had stolen firearms in there. I knew there was nothing inside because I just bought it the day before I didn’t let them with out a warrant. Turned out they had wrong vehicle. They weren’t happy. They tried to give me a ticket for tint but they didn’t have a meter .
When simple minded low self esteemed “Barney Fife” wannabes get shut down and humiliated they will escalate by making up a law that doesn’t exist in retaliation for being humiliated.
One minor but important detail. The Constitution does not GRANT us the right to privacy. The right to privacy is a basic human right derived from our humanity (for the non-religious) or "endowed by [our] creator" (for the religious). The Constitution does not grant any rights. Human rights are intrinsic to us as humans. The Constitution merely recognizes some (not all) of those basic human rights and limits the government's ability to infringe upon them.
You're splitting hairs and missing the point. It designed to protect your privacy from government tyranny. The result is the same. However you want to word it.
if the constitution doesn't give us the right to privacy then we have no rights to begin with , think the fundamentals of a star is it's gravitational pull the fundamentals of the bill of rights are made up of less talk about rights
“Congress shall not abridge the right to free speech.” Note the word ‘abridge’. That means that the right to free speech pre-existed Congress. It pre-existed any government because it comes from merely existing as a human being.
I’m retired, but when I was teaching I had a student named Broady, who actually lived out of his car. He had long hair, a black leather jacket, and a ratty old car. He worked at a Burger King one affluent county over, and I would go home along the same route that he took to work. About twice a week I would see him pulled over with all his stuff tossed along the side of the road by police. Thing is, the kid didn’t do drugs or drink. After a few times, I called the police dept, and they assured me their officers were acting completely within the law. I told that kid he needed to get a different job out of that county if he wanted to stay out of jail.
@ i ran in to him several years later. Still long hair, and working as a Ford tech at a dealership. Had a much better car, a Ford F150, and a steady girlfriend. This is one of the nicest kids I ever taught.
@ you know, I’m a conservative, but even I disagree with that. Some of the smartest people I have ever known looked like bums. Some of the nicest looked like thugs. Out police should, of all people, not judge on looks.
Heard directly from the mouth of a Virginia Beach police office: " there are three kinds of people in this world, police officers, criminals and potential criminals".
👍👍 The one thing I wanted to know you didn't cover. What if the backpack is locked or you're not doing anything, and they just stop and say you look like someone they are looking for
@@krane15 and I can't protect the officers safety if I am unarmed. Trying to take my gun from me is a very UNSAFE thing to do. spoiled carcass can't make up a reason he could do it later.
SCOTUS has made Swiss Cheese out of our rights!! It would be great if SCOTUS takes up new 4th Ammendment violations and go back to original intent of the 4th Ammendment including as a pedestrian, in a public place, in your automobile and especially at your residence!
It is the failure to stand on your rights that makes it more difficult for others to insist on theirs. The police get incensed when someone doesn’t knuckle under just because so many let them do what they want.
1) Say clearly that you do not consent to a search. 2) Say that you will not impede a search but will hold the officer personally responsible if it is illegal. 3) File suit to resolve the issue.
Cops Probable cause " we couldnt find it in car so we belive it must have been in his back pack" Judge "sounds resonable I'll let the appeals court deal with it"
Yup...but cops won't discipline themselves... They like to exercise their ego. Power corrupts those in whose hands it is placed. How do you like dealing with reprobates? Too bad...that this behavior ultimately destroys our culture.
i've seen plenty of cops say they had right to search bags etc. after people left it "unattended" by walking away from "arms reach" as well as in home searches, they can search anything that isn't on your person.
If you are being arrested for a traffic violation or something that doesn't have anything to do with something in your car they shouldn't be allowed to search your car.
people need to understand one very important fact: having "nothing to hide" does not in turn imply or require that you have "everything/anything to reveal"
I have nothing to hide. I have a Constitution to protect. I can no more waive my rights than I can stop breathing. In fact me stopping breathing is the only way I will waive a right. Remember, it doesn't matter if you did nothing wrong. all the cop cares is what the computer says. They bust some child molester in california, and he gives them your name. and then you foolishly give the cops your name in deleware........
I've been seeing cops justify "Search incident to CITATION." They also like to "arrest" a person so they can search then unarrest, which is illegal, but who's going to charge them?
It gives them permission to DESTROY your backpack as well. One dumb women gave cops consent to search her home. They demolished it, and judge said you consented to them searching.
The main problem I see with most of these arguments is when a cop states“they think”. This is too open to interpretation. The cops can make up any excuse to make it appear to reasonable.
Excellent video. One point I would stress regarding the Exigent circumstances exception is that it does not remove the requirement for Probable Cause, it simply removes the requirement to obtain a warrant first. Reasonable Search = Probable Cause + Warrant. In that formula, Exigent Circumstances can replace Warrant, but that is the extent of its reach. Far too many times I've seen LEO claim they had exigent circumstances for a search, but they didn't have probable cause in the first place.
We haven't had a Constitutional Government for decades; it has been whittled away bit by bit by bit for years. We don't live in a Constitutional Republic anymore. With so many exceptions to the rule, the rule simply disappears. This isn't limited to law enforcement, it more broadly applies to any politician and the collective governments as well, municipal, county, state, and federal.
Speaking of searches, how come we have to submit to a warrantless search inorder to enter our public court houses. How is it legal for the TSA to search airline costumers without warrants
11:42 is very important. The road side drug tests have identified Krispy Kreme glazed doughnut icing as Methaphetimines. Blue cotton Candy sent a women to county jail for a month. Sure she was later found innocent, but lost employment and a month of her life in county lockup. Splenda also tested positive as meth, In that case the officers supervisor tested splenda, and release the driver. So the lesson learned in keep car spotless, and never consent to search.
What I usually see happen is a K9 is brought to the scene. Then they say the dog has “alerted” and no longer need a warrant or other circumstances to perform a search.
I'll tell you something, cops can do whatever they want basically... and get away with it flat out. If your thinking they can't you're wrong. So maybe if you have the time and the money to pursue it...and the situation is crazy enough to begin with, then you might be able to get some type of kind Justice... maybe,, but for the most part, no.
A normal citizen, has no chance against such a corrupt system...😢 Cost alone prohibits that.😢 Only special circumstances and getting noticed may give you a fighting chance...😢🤞
At 12:12 Surprising error for a lawyer. The Constitution does NOT "grant" you rights. The Constitution articulates and protects rights which are FUNDAMENTALLY yours!
How do you reach for a weapon or to destroy evidence if they are handcuffed? What about if the arrest was illegal? What if its a pre-textual stop. What about " fruit of the poisonous tree"? NEVER consent to a search, even if you are under arrest. State loudly " i do not consent to any searches or seizures of my property" so that your lawyer can sue them for the violation of your rights.
Keeping wild raccoons is a bad idea but government is insane nowadays. Requesting a vet to look at them should have been the maximum they should have done.
@@patrickday4206 It was not a 'wild' raccoon or squirrel If they were so fk'n concerned about the welfare & well being of the two animals Why did they execute the animals? Fk'n government Nazis
I was once in an accident and taken to the hospital. My bag was transported with me. The police had come to ask me about the situation that had initiated the scenario. I had the wherewithal to tell them that I had been given morphine, and would be very vague in my answers without an attorney. On their way out, they asked to search my bag, for safety. Even in my extremely high morphine state, I knew that there was an extreme likelihood that there was a mass accelerator in my bag…... I’m very proud of morphine high me telling the police that I don’t consent to searches. 😅
We the People should have never entrusted 9 unelected 'pundits' with the authority to write a 200 page interpretation of one straightforward sentence from the Bill of Rights
Heres the deal. Unless youre a somebody, a child of somebody, or the cop already thinks this, that bag is getting searched no matter what and if they find anything, youre going to jail. Dont resist. Go calmly let them arrest you, bond out and hopefully you are able to fight this. This happens just as often even with camera to record. Even if you have a slam dunk lawsuit case, you still need the resources and support to fight it. They win more often than lose
You cannot. It is almost impossible to recoup your economic losses If you are wrongly accused and spend $200k on an attorney, a real possibility if ever charged with a serious felony, you are SOL if you get acquitted. That’s just considered the cost of doing business. Sadly
What is being done to address the purposefull manipulation of truth that seems to be prevalent and even taught to our peace officers? What or who is behind the increasing level of unjust behaviors within the law enforcement community?
What if, as the cops approach, you throw your backpack 15 feet away onto the grass, is the bag protected because it is then not in your immediate control?
@ Our Mexican National friend didn’t seem to be too happy with it. What good is paying police to spend a lot of time searching innocent people with no probable cause hoping they have drugs so they can solicited a personal bribe?
Works both ways. I got cop to answer my question when I could get my car back. He said when I got out. Well at 2am, as the cop said, I walked to the impound lot, and drove my car home. Good reason to keep planks in your trunk to put over those tire spikes.
How are we going to protect our privacy when our media devices all have an AI assistant that records everything and has total control over our data and key strokes ? Please let us know. Encryption will be a thing of the past as it logs keystrokes.
@@kimhuskey6115 True. If you think about it though, this so-called AI is not going to make any difference in your privacy. Backdoors and software tools already allow law enforcement full access to your phone. If you used cloud storage as a backup or to sync all your devices you've given all that information to the government. With how cheap storage is the government built those massive fusion centers around the country specifically to suck up and store all our data. If you think for one second you can delete 1 byte of data from Google you're mistaken. At best they remove things from your view but it's all still there and if the government doesn't have it Google will gladly turn it over. In fact, some companies, like phone companies, routinely do a data dump to the government every few months as routine business. You may think you have privacy right now but it's an illusion.
In exigent circumstances if home owner has a large dog that is inside your home and people suddenly run in your home and dog bites them, is the homeowner responsible for that?
Trick question, the dog would never get the chance. The question is would the homeowner be billed for the bullets used to preemptively execute the dog in case it defended its home?
If they enter your Home, they don't have Pepper/Mace spray to render your pet non-dangerous as a lesser means of force, instead of murdering your simply non-human member of your Family ?@@xcfjdyrkdtulkgfilhu
Since when can the Constitution be rewritten by judges? Even Supreme Court judges do not have the authority to make changes to the Constitution and simply rewrite it with their rulings!
The SCOTUS claims not to rewrite the Constitution. They just call balls and strikes. Interpret the law. We have 6 Hard Right Wing justices thanks to TFG. They interpret from the fascist viewpoint. They want to take AWAY rights from the average citizen.
Example: "Ahhh, 1st amendment...for writing letter...but not 🚫 on your computer 💻... Example 2: The 2nd Amendment is for hunting and sporting purposes...With extreme *regulations*! (Vs SHALL NOT BE INFRINGE) Anyone see the problem. Just listen 👂 to the attorney! Your rights are being reasoned away...And your being FORCED into word salad 🥗 and mensush argumentation!
I makes it abundantly clear to everyone that you don't consent. Especially if everything is being recorded. That way when it becomes a constitutional issue in court, absolutely ZERO people can misconstrue what you said.
@daviking-88 I understand the what and why. Just not the how we came to understand things the way they are now. In school 20 some years ago my dare officer would explain different scenarios. Some of them required keeping quiet. All the years of dare and never once was actually invoking our right verbally mentioned. I only found out a year ago or so watching auditor channels.
Make police regret searching. Get yourself a container that locks, put it inside another container that locks, put that inside another container that locks.. get where this is going? And in the very last container the one all the way on the inside keep a copy of the constitution.. locked containers are different then not locked containers and a judge is going to get really pissed approving 20 warrants that are virtually identical.. that should show those jerks
@@krane15 They most definately will regret it because now that a judge has to individually give a warrent to 15 locked containers... the judge aint going to sign off on any more silly warrents and that cop is going to be pissed off when he repeatedly cant get a judge to sign off on it.. not the oh he gets in trouble so he regrets it.. no no.. the his job is now 100x harder for the same money screw this go work at mcdonalds style regret.. plus the HUGE massive payout from the 15 federal offense counts lol brady list so fired possible.. like when you take their pension away because they did a 18.242 and you got 'em on it.. yeah they can cry themselves to sleep
If you are in a vehicle, you are done. Don’t forget, if your car is towed your vehicle is subject to an inventory search as a matter of practice. No warrant is necessary.
Reality: the police can do what ever they want in these situations to the people they decide to search. Good thing for you guys (YOU know who you are) they are not even trying to search you.
Easiest refusal for a request to search is “my good friend fought and died protecting the constitution, just allowing you to step on it seems like a slap in the face to him.. you do support our troops now dont you officer?”
So basically, yes, they can search your backpack and your recourse is later after you have been charged with whatever crime they come up with. Not a lot of help. If the cops walk up to me when I’m sitting on a park bench with my backpack and ask to search the pack. My first question is am I under arrest? If not, I’m picking my backpack up and leaving. Second, if I’m driving my car and I get pulled over my question is why am I being pulled over? If it’s for a traffic stop then no they can’t look at my backpack without a warrant because probable cause does not exist.
Pig: "If you aren't doing anything wrong, you don't have to worry about what's in your bag." Me: "If I'm not doing anything wrong, you don't have any reason to look in my bag. I do NOT consent to any searches of myself or my gear. Have the day you deserve, Officer Krupke."
Not covered here but seemingly LOTS of online self-taught law experts sound off.... At an airport BEFORE checking in, you still have some privacy. At the moment you present yourself at the ticket kiosk or counter _you have consented to search._ Read your ticket or the website fine print. It's, as they say, boilerplate and internationally standard.
I saw a body cam video of some southern good ol' boy deputy trying to get consent to search a vehicle. He was talking to another deputy about how to search when he offers a suggestion. With a thick drawl he said, "Ah ken are-TICKLE-ate 'officer safety' all day long". The War on Drugs is among the worst self-inflicted calamities in American history. The Nixon administration wanted to outlaw being a non-White, non-Christian drug user (except alcohol or tobacco), but they knew they it would never work, so they just outlawed the things they thought those people did. Now the police can use that excuse to commit literal highway robbery in the guise of "drug interdiction". I also believe fellow Veterans should be barred from law enforcement. Aside from the use of weapons, there's no correlation between war fighting, and civilian law enforcement. Too often police see people as lawful enemy combatants, rather than fellow citizens.
Question - Back in the late 1700s and 1800s, was a search warrant required to search a wagon or horse? If yes, then why wouldn't that also apply to a car as a clearly established law? The Founders knew people traveled and used horses and wagons to do so. If they wanted to create exceptions when people are out and about, they would have done so, IMO.
@@jeffrielley920 True, however if you get it on film or you can pull the badge cam you can sue now. It's still B.S. of course, but it's always worth your trouble to at least try to stand up for your self.
No. That's wrong. The reason you say those words is not to stop the police from doing the search, they're going to do what they want, but to give your lawyer something to work with in court.
Ok, Jeff, let’s try this one… Upon arrival to Memphis from Dallas on Megabus, two Memphis police officers (in full battle gear) got on the bus immediately and told everyone to sit back down. They clearly stated that everyone is being detained and that their luggage, especially backpacks, are going to be checked for guns. This is not due to a tip, but that they are checking every bus arriving Memphis. “No” is not an option. They state that people who choose this method of transport use it to avoid detection, like they would at an airport. They then proceed to check everyone’s carryon luggage or backpack, letting you go if they found nothing. Your thoughts?
"I would first have to search you to see that you don't have any drops, before I could give you permission to search me." Yes, police DO drop evidence to "discover".
So, if you are sitting on a park bench and the cops want to search your backpack, they have to arrest you first? Just "detaining" lets them pat you down under the Terry doctrine. But it doesn't seem they can search your backpack for a simple detainment.
Before I knew my rights in Hollidaysburg Pennsylvania, I didn't know that they were violating my fourth amendment rights. Everybody should know their rights, and I didn't so I was a victim and I couldn't sue because I didn't know until it was too late
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What if the backpack has a lock on it?
I have half joked for the last 40 years that the requirement of a warrant is now the exception and not the rule.
There are still warrant requirements, but it is so easy for police to sidestep the warrant requirement, the 4th Amendment is on is on its last legs.
I have seen a police report that said the police might as well get a warrant because the police know I won't consent to a warrantless search.
So is it really legal ?
when NYPD want to search random
backpack/bookbags in the subway .
“We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution but to overthrow the men who wold pervert the Constitution” - Abraham Lincoln
Question, can police confiscate your phone while detaining you because you have it (and so they can ensure you can't record the interaction, conveniently ensuring its your word against a police officer, allowing them to lie, violate your rights, frame you with planted evidence, or even make up a 'feared for my life' lie because you invoked rights and he ends you for having the nerve to say no)
I only ask because my only comfort for my fear of cops is knowing that so long as I can be honest and be able to prove it in court. With cops and courts, its guilty till proven innocent or guilty till proven rich, and I want know I can safely prove my truth against the word of an authority figure who can seemingly do whatever he wants by lying. If I were a dirty cop looking to ruin someone and get away with it, first thing i'd do is confiscate the phone, get out of view of the dashcam, and the sky's the limit. So is there any law or protocol that would prevent or discourage a cop from confiscating or destroying a phone or camera?
The problem with courts continuing to grant exceptions to the constitution is that eventually ... the constitution will become nothing more than a list of suggested ideas
That ship has tried to sail, and some of the dingies have already left port.
Its already there Jeeves. Haven't you been watching all the videos where cops do what they want. When a cop breaks the laws what are you going to do? Call the cops?
Its already just a list of suggestions
@@chrisd.4676 it says unreasonable
Probable cause is required to NOT be unreasonable.
We are supposed to default to liberty over security. This trend of giving law enforcement more and more passes and power needs to be reversed.
I agree. But the solution to this has to come from getting the elected officials who set police budgets to make it clear to the police commanders that the police budgets are set based on police behavior. That happens by applying political pressure on the elected officials.
Tell Trump that.
@@truthseeker4298 I think you mean Biden, you know the one who weaponized the justice system against their opponent
use your 2nd amendment rights.... PROBLEM SOLVED!
stop choosing to be victims.
@@engineeringoyster6243 that is such a short sighted and foolhardy tactic I just can’t comprehend that someone would think that’s a good way to influence people police behavior. here’s the thing there are in fact criminals that need to be policed. first things first.
Even if you feel you have nothing to hide, you also have nothing to prove. Never agree to a search, always say no.
Note, Be CAREFUL how you answer because they MAY ask you that question in a manner that answering 'No' actually says that you don't mind that they search. ..such as; "Do you mind if I search your **whatever**..?"
@@waaynneb1808 It's easier to just say "I don't consent to any searches, thank you."
Also, if you consent to a search, you're F'ed if a cop who doesn't like the look of you decides to plant a baggie.
Always object to a search because it gives the lawyer something to work with in case you're dealing with a dirty cop.
Well put
@@jesusknight1 Follow up with "I am happy to wait while you get your warrant', so no obstruction BS either.
Have a friend who is a U.S. Government employee who was stopped and was asked to search his briefcase. He refused continually for several minutes until, the cops ripped from his hand and started to open the item when they saw a U.S. government seal on the lock. My friend informed them that it’s classified material he was taking to a government office. They opened the case anyways. Well it tripped a cellular alarm that notified a government security office. Within minutes they were surrounded by a group of federal officers who proceeded to arrest the officer who broke the seal to the case. Least to say he was detained for several days without being allowed to contact his attorney. Basically they ran a complete federal background check on the individual to make sure he was not affiliated with any terrorist organization. The Feds then took him to his station where they were read the riot act on searching Anything with a federal security seal. Rumor has it that this department lost one year of federal funds for this incident and the officer was relieved of his employment.
The Police officer had no idea what he had done. They need MUCH better training.
Why would a “fed” get or have the ability to do all that in retribution. All I get is a day in court and maybe a dismissal, all still in my record.
@@bryanbryan2968lol. NO!
@@stormyweather9917 lol, I mean, I think it’s gotten worse over the last 30-40 years. Just a few weeks ago, I was asked to basically not shop at a local store because I had a backpack on.
Law enforcement is the only field of work where you can be rejected for being too intelligent.
If they say you aren't being detained --- LEAVE! Don't talk to the police. Just LEAVE.
Mooo. Listen to your owners and go the the next field.
If is public land, ur not obstructing, if ur free to go, ur free to stay.
What of ur on ur own property? Still gonna leave and give the cops carte blanch? This kind of simple thinking helps no one.
@@twitchell2682- Foolish. They will escalate when you tell them no. Easier to walk. Then if they escalate, you have greater protection
@@twitchell2682 Continuing your "consensual" conversation with the police will only lead to your arrest when they bait you into something they feel is a confession.
Don't talk to the police. If they're on your property, tell them they're trespassing and ask them to leave. They may choose not to, but it will be much harder for them to explain, in court, why they stayed.
If you were foolish enough to open your door and they now have their foot in the doorway, tell them you do not consent to any searches, you want them to leave and then WALK AWAY to another room. Let them stand in the doorway if they insist on doing so. Again, they may continue to trespass, but you're in a much better position should this go to court.
Always remember that the city of Greeley paid out $200,000 when their police officer forced his way into a woman's apartment without a warrant and arrested her. He got fired. She got 200 grand.
And then get shot in the back... The caucasity of this statement 😂😂😂
@@jordanfranklin189 Magic bullets that shoot you in the back when you face them are a myth.
There are to many exceptions to the 4th amendment. At this point we the people better start demanding that our representatives in government strengthen our 4th amendment rights.
Government enjoys the power. It will never allow more freedom, only less, unless forced. We've gone too far down the rabbit hole.
If its not clear, the supreme court supports government (which it is a part of) not you.
Agreed
YES... 😮
They won’t, but I’m still willing to join you in this objective
Normal people don't want to dig through other people's stuff.
Cops advance in their careers through arrest. When violent criminals are too dangerous to pursue, they 'll take me and you. You can be sitting on your front porch minding your own business and police can accuse and arrest you for a crime. Yes, there's a video of this very thing. The couple were senior citizens.
@@krane15 And that is the problem.
Cop don't think they normal..😊
Glorified hall monitors aren't normal people.
Cops aren't normal!!!
It always seems to come down to whatever works best for the police and our rights are violated. And if we don’t like it, or feel we have been wrong there’s very little recourse
and cop always lie, they smell marihuana for example, imagine when cop claims he smells marihuana just to search your can and whatever he finds if he dont find marihuana everything is thrown because the smell was a lie just to get acces to the car and search it illegaly
It's not the police its the government the police just work for them, our government has placed our Constitution in chains with fake concerns with your safety
Pretty much. The constitution is basically useless. We need a militia of minute ready to enforce our constitutional at moments notice
Wronged
@ calm down, Karen.
Also worth remembering that if police search your property with your consent and damage something, they are not liable for any damages.
Good to know 🤔
You could have just said "police are not liable for anything", since that's how reality plays out daily.
My question is if you are at any location, car, open park, or whatever, and cops "make up excuses for searching, you really don't have any recourse except to watch them search. If you refuse, then you are getting arrested for some bogus charges. THEN you have to hire a lawyer and dish out money you don't have to have charges dismissed. There should be ruling that if charges are unfounded, then, locality pays legal fees. I've seen a occasion where person said and did everything you recommended and got arrested for interference with investigation because person explained "right to remain silent ". Lawyer got charges dropped at cost of $3,800. Who has that much money because of crooked cops.
This is part of the problem. They'll arrest you for a petty charge - say, loitering for example - so they can now search you. If they find nothing, they'll drop the charges.
One thing that needs to change is, if a cop arrests you, nobody except you can drop those charges. MAKE it go to court, where that cop has to explain his reasonable, articulable suspicion that a crime was being committed, AND that crime necessitated a search.
@@tbdrummer67The vast majority of people would likely go to great lengths to keep their criminal case from going to trial. Most are very happy to just walk away with all their charges dropped, and not have it hanging over their head. Cops, prosecutors, and judges all know this, and they use it to their advantage.
Public defender could have done that much!
If not, sue for being given ineffective counsel!
@@tbdrummer67Pro se
@@Anthus.I'm not most people!
Problem today is that cops will just say I thought I smelled weed or alcohol to use as “probable cause” even thought they don’t’ have any proof or suspicion. They say that to cover their arse. I know this because I was pulled over one night taking meds to my GF at the time. It was like 2-3 am. I got pulled over and the cop said that he smelled alcohol on my breathe which was a flat out lie because I don’t drink. He was doing this and was fixing to make me take the FST until I told them to call my dad which was a Sargent at the time. They immediately let me go. Cops are some of the worst crooks with their vague statements they are allowed to use. They almost all LIE to justify their actions and majority of the time they get away with it because of their “WE TAKE CARE OF OUR OWN” motto.
“Why are you shaking? Are you nervous for some reason, or are you on drugs?”
@@jimmyrichards5595 "You are moving 'furtively'." "You are too still." "You look nervous." "You look calm" "You're avoiding eye contact." "You're maintaining eye contact."
PROBABLE CAUSE!
They will and do lie under oath. They call it “testilying”.
The freaking blue thin line gang sh.t, the protect each other. Blue KKK.
@@MonkeyJedi99You're driving one mile an hour under the speed limit, you're driving one mile an hour over the speed limit, you're driving the speed limit.
That's suspicious.
"It doesn't matter what rights you have under the Constitution of the United States, if the government can punish you for exercising those rights. And it doesn't matter what limits the Constitution puts on governments officials' use of power, if they can exceed those limits without any adverse consequences."
Thomas Sowell
What he means is keep your powder dry and aim small miss small
I think that you are correct!
HOWEVER IF we end qualified immunity then all that goes away. Nevada has done that and no il affects or excessive suits because government actors knew the law all along but ignored it until they had no immunity.
@@djea3589With all the videos of improper searches, wouldn't it be reasonable to assume that the action that you are going to try to do is illegal until proven otherwise.
Regardless of the situation… keep repeating “I do not consent to any search of myself or my possessions.” It sets the precedent for your lawyer to argue an illegal search was conducted.
I don't answer questions , I don't consent to searches , I want to excise my 4th , I'm free to go ? exercise the 5th next
And the 6th lawyer up!!!😊
I am amazed at lawyers who are arrested for not talking say they understand their rights when told they have the right to remain silent.
Hell no I don't understand my rights. you are arresting me for exercising them.
It's always about officer safety, what about our safety?
"Justice is incidental to law and order." J.E. Hoover
Law enforcement still operates on this premise.
what makes you think there is something unsafe in the back pack? why do you always jump to the wrong conclusions? your just looking for an excuse to bother someone.
Couple things to remember. #1 Your safety doesn't matter. #2 Assert your rights then zip it. #3 The cops are going to do what they want regardless of what you say so zip it. If they're making a mistake, don't try to correct them and stop them from what they're doing. Let them keep making the mistake and digging the hole deeper. it only helps your case if they're screwing up. It's like in war, if the enemy is making a mistake DON'T TELL THEM!
@@Isaac_132 And if you can, video every encounter!!
@@The10thManRules So glad he's dead and gone from us. He hated Dr King and he and Johnson connived to accelerate the draft during the Vietnam war resulting in the drafting of a higher ratio of young Black men such as myself although we made up about 12% of the total population.
If the container is locked, you have even more expectations of privacy.
Thats why you always lock your glove compartment too
That was my first thought. Even if there is a weapon it is not easily accessible.
In most states, no special warrant is needed to search through a locked glovebox or center console in conjunction with a lawful roadside arrest. There's little difference between them and a "locked" trunk.
@@maxsdad538 ok, you are describing an arrest. What about a detention? Even with an arrest, most cases they need a warrant.
@@maxsdad538 i dont know what you are on about, they dont have the right to search a locked trunk either.
If you are in fear of exercising your rights....You dont have those rights.
Absolutely.
True and this means that there is tyranny!
A couple of opinions, based on experience:
1) One reason why you NEVER consent to a search of your car is, it has likely been in the custody and control of others. (Car washes, repair shops, etc) It is always possible someone had something fall between the seats, or under them. Always politely decline, and explain these issues as a reason.
2) If you decline a search, the police will threaten to get a dog, and detain you until they get one. EVERY police dog is trained to alert on command. So, even if the dog does not sniff anything, if the police want to search, they will make the dog alert. Any dog handler that denies this, is outright lying to you. (22 years experience with dog handling)
3) There is a couple of reasons for searches.
For a person, the search generally requires probable cause. This is a more rigorous standard. (They witness an offense you did, you match a description of an offender they are looking for, you are hanging out with known drug dealers, or in an area known for drug distribution, etc.
For bags, they only need reasonable, articulable suspicion. This is a MUCH lower standard. They basically can report that you were acting nervous, sweating, had speech issues, etc. Of course the other way is for you to consent to the search.
The courts have maintained that in the interest of curtailing drug trafficking and drug profiting, (primarily in travel locations like bus or train stations, airports, cruise ports, etc) they can order your bag be detained if they can articulate suspicion, and you decline a search, until they get a dog or obtain a warrant. You can have the bag confiscated until they get one of these things. They will give you the option of waiting with the bag, or will usually let you volunteer to surrender it, so you can continue on your travels. The bag can be detained for a "reasonable" period. (Some courts have said this could be 12 hours, or potentially up to 72 hours in limited cases.) Getting the bag returned to you will be your responsibility. (either go pick it up, pay for shipping, etc)
Thanks for the video.
Was pulled over and officers wanted to search my locked tool boxes because they were under the impression I had stolen firearms in there. I knew there was nothing inside because I just bought it the day before I didn’t let them with out a warrant. Turned out they had wrong vehicle. They weren’t happy. They tried to give me a ticket for tint but they didn’t have a meter .
Congratulations
When simple minded low self esteemed “Barney Fife” wannabes get shut down and humiliated they will escalate by making up a law that doesn’t exist in retaliation for being humiliated.
One minor but important detail. The Constitution does not GRANT us the right to privacy. The right to privacy is a basic human right derived from our humanity (for the non-religious) or "endowed by [our] creator" (for the religious). The Constitution does not grant any rights. Human rights are intrinsic to us as humans. The Constitution merely recognizes some (not all) of those basic human rights and limits the government's ability to infringe upon them.
Well said and thank you for including the secular basis as well.
Preach
You're splitting hairs and missing the point. It designed to protect your privacy from government tyranny. The result is the same. However you want to word it.
if the constitution doesn't give us the right to privacy then we have no rights to begin with , think the fundamentals of a star is it's gravitational pull
the fundamentals of the bill of rights are made up of less talk about rights
“Congress shall not abridge the right to free speech.” Note the word ‘abridge’.
That means that the right to free speech pre-existed Congress. It pre-existed any government because it comes from merely existing as a human being.
I’m retired, but when I was teaching I had a student named Broady, who actually lived out of his car. He had long hair, a black leather jacket, and a ratty old car. He worked at a Burger King one affluent county over, and I would go home along the same route that he took to work. About twice a week I would see him pulled over with all his stuff tossed along the side of the road by police. Thing is, the kid didn’t do drugs or drink. After a few times, I called the police dept, and they assured me their officers were acting completely within the law. I told that kid he needed to get a different job out of that county if he wanted to stay out of jail.
So, whatever happened to Broady?
@ i ran in to him several years later. Still long hair, and working as a Ford tech at a dealership. Had a much better car, a Ford F150, and a steady girlfriend. This is one of the nicest kids I ever taught.
@@johnkessler9878 Amazing he came through. That's wonderful to see.
If you look like a thug, expect to be treated like one. It's not right but that's the way it is.
@ you know, I’m a conservative, but even I disagree with that. Some of the smartest people I have ever known looked like bums. Some of the nicest looked like thugs. Out police should, of all people, not judge on looks.
Heard directly from the mouth of a Virginia Beach police office: " there are three kinds of people in this world, police officers, criminals and potential criminals".
👍👍 The one thing I wanted to know you didn't cover. What if the backpack is locked or you're not doing anything, and they just stop and say you look like someone they are looking for
great idea - will work up something for this!
TSA locks connected between the zippers of your bag work wonders😏
_a law abiding citizen
They lose nothing taking you for a ride
Why is that so hard for people to understand? Stop thinking the cops respect the constitution.
@@krane15 It's not hard to understand. It's hard to accept.
I no longer trust law enforcement.
No has for a long time.
Chimel vs California = Reason number 1,567,824 that officer safety is more important than your rights, even if the officer isn't at risk at all.
I'll do you one better: the cop's safety is more important than YOUR safety.
@krane15 Have cops Testosterone checked
@@krane15 and I can't protect the officers safety if I am unarmed. Trying to take my gun from me is a very UNSAFE thing to do.
spoiled carcass can't make up a reason he could do it later.
SCOTUS has made Swiss Cheese out of our rights!! It would be great if SCOTUS takes up new 4th Ammendment violations and go back to original intent of the 4th Ammendment including as a pedestrian, in a public place, in your automobile and especially at your residence!
They did this because it’s all commercial in nature civil/criminal
this current supreme court's so corrupt i dont want them to have any cases ...
It is the failure to stand on your rights that makes it more difficult for others to insist on theirs. The police get incensed when someone doesn’t knuckle under just because so many let them do what they want.
If the backpack is away from you aren't the cops just going to claim it's abandonded property and search it anyway?
1) Say clearly that you do not consent to a search. 2) Say that you will not impede a search but will hold the officer personally responsible if it is illegal. 3) File suit to resolve the issue.
4) Be prepared to dispense your own justice after the system fails you.
@patnor7354 interrogatories
Lotsa $,$$$
needed to begin the process which us poor folks don't have or ever will. It is a dead end alley for us 😒👀🤔
@@patnor7354 says the internet warrior
This is why you always have to film. For Civilian Safety. Police can lie but Video does not!
Cops Probable cause " we couldnt find it in car so we belive it must have been in his back pack"
Judge "sounds resonable I'll let the appeals court deal with it"
People dont talk about the pay walls they put up for us to protect ourselves from the government or prove ourselves innocent
Appeals Court: "Sounds reasonable. I'll let the Supreme Court deal with it."
See how the law works now?
"What have you got in that backpack?"
Another backpack.
"It's my collection of Circuit and Supreme Court rulings on why you can't search my backpack."
My reply; "Personal belongings." Or "5th Amendment."
@@robertmckinley2030 I like it. "My copy of the Constitution."
😂😂😂😂😂😂
My sailboat motor. I carry it everywhere.
If there were extremely severe consequences for violating someone's constitutional rights, maybe these things would be less likely to occur..
Yup...but cops won't discipline themselves... They like to exercise their ego. Power corrupts those in whose hands it is placed. How do you like dealing with reprobates? Too bad...that this behavior ultimately destroys our culture.
i've seen plenty of cops say they had right to search bags etc. after people left it "unattended" by walking away from "arms reach" as well as in home searches, they can search anything that isn't on your person.
If you are being arrested for a traffic violation or something that doesn't have anything to do with something in your car they shouldn't be allowed to search your car.
cops: i smell weed in that backpack.
officer, i think that's your breath
15:52 - I've never commented on an in-video ad before, but I have to admit that your "sturdiness" demo of that desk was absolutely impressive!
people need to understand one very important fact: having "nothing to hide" does not in turn imply or require that you have "everything/anything to reveal"
I have nothing to hide. I have a Constitution to protect. I can no more waive my rights than I can stop breathing. In fact me stopping breathing is the only way I will waive a right.
Remember, it doesn't matter if you did nothing wrong. all the cop cares is what the computer says. They bust some child molester in california, and he gives them your name. and then you foolishly give the cops your name in deleware........
They shouldn’t be doing shit without pc or a warrant. Why do we have to live like this
Unreasonable...
Because we are increasingly living in a police state.
The KGB would have gone bonkers to get the kind of tech we use against our citizens
I've been seeing cops justify "Search incident to CITATION." They also like to "arrest" a person so they can search then unarrest, which is illegal, but who's going to charge them?
I can't think of a single reason to give law enforcement permission to do anything. Am I missing something?
Giving them consent gives them an opportunity to plant evidence too
It gives them permission to DESTROY your backpack as well. One dumb women gave cops consent to search her home. They demolished it, and judge said you consented to them searching.
The main problem I see with most of these arguments is when a cop states“they think”. This is too open to interpretation. The cops can make up any excuse to make it appear to reasonable.
Excellent video. One point I would stress regarding the Exigent circumstances exception is that it does not remove the requirement for Probable Cause, it simply removes the requirement to obtain a warrant first. Reasonable Search = Probable Cause + Warrant. In that formula, Exigent Circumstances can replace Warrant, but that is the extent of its reach. Far too many times I've seen LEO claim they had exigent circumstances for a search, but they didn't have probable cause in the first place.
Note the differentiation between a "weapon" and an "illegal weapon". 😅😅
We haven't had a Constitutional Government for decades; it has been whittled away bit by bit by bit for years. We don't live in a Constitutional Republic anymore. With so many exceptions to the rule, the rule simply disappears. This isn't limited to law enforcement, it more broadly applies to any politician and the collective governments as well, municipal, county, state, and federal.
Speaking of searches, how come we have to submit to a warrantless search inorder to enter our public court houses. How is it legal for the TSA to search airline costumers without warrants
What a mess! Do we have to be lawyers in daily life?
That's why we have the second amendment.
Watch our rights go bye-bye, and we all know why.
11:42 is very important. The road side drug tests have identified Krispy Kreme glazed doughnut icing as Methaphetimines. Blue cotton Candy sent a women to county jail for a month. Sure she was later found innocent, but lost employment and a month of her life in county lockup. Splenda also tested positive as meth, In that case the officers supervisor tested splenda, and release the driver. So the lesson learned in keep car spotless, and never consent to search.
What I usually see happen is a K9 is brought to the scene. Then they say the dog has “alerted” and no longer need a warrant or other circumstances to perform a search.
I'll tell you something, cops can do whatever they want basically... and get away with it flat out. If your thinking they can't you're wrong. So maybe if you have the time and the money to pursue it...and the situation is crazy enough to begin with, then you might be able to get some type of kind Justice... maybe,, but for the most part, no.
👏🏻 Your eyes have been opened.
A normal citizen, has no chance against such a corrupt system...😢
Cost alone prohibits that.😢
Only special circumstances and getting noticed may give you a fighting chance...😢🤞
In the history of the country, no dead cop has ever lied on the stand. They can't make up reasons to justify their crimes if they can't breath.
At 12:12 Surprising error for a lawyer. The Constitution does NOT "grant" you rights.
The Constitution articulates and protects rights which are FUNDAMENTALLY yours!
Everything will be an emergency now.😢
Even mere PERSONS/ Persons have the right to go about their business, in their own way, without telling anyone
How do you reach for a weapon or to destroy evidence if they are handcuffed? What about if the arrest was illegal? What if its a pre-textual stop. What about " fruit of the poisonous tree"? NEVER consent to a search, even if you are under arrest. State loudly " i do not consent to any searches or seizures of my property" so that your lawyer can sue them for the violation of your rights.
It's sad you have to go so far as to have a surprise for anyone not using the proper code to open it.
How should the situation with Peanut the Squirrl been handled? It was all so wrong on so many levels. Not to mention vile evil.
completely agree - that was a government overreach that was an abuse of police power
Keeping wild raccoons is a bad idea but government is insane nowadays. Requesting a vet to look at them should have been the maximum they should have done.
@@patrickday4206
It was not a 'wild' raccoon or squirrel
If they were so fk'n concerned about the welfare & well being of the two animals
Why did they execute the animals?
Fk'n government Nazis
A warrant needs an affidavit and list of damages and a grand jury sugn off. Not a paper that the cops type warrant on.
I was once in an accident and taken to the hospital. My bag was transported with me. The police had come to ask me about the situation that had initiated the scenario. I had the wherewithal to tell them that I had been given morphine, and would be very vague in my answers without an attorney. On their way out, they asked to search my bag, for safety. Even in my extremely high morphine state, I knew that there was an extreme likelihood that there was a mass accelerator in my bag…... I’m very proud of morphine high me telling the police that I don’t consent to searches. 😅
We the People should have never entrusted 9 unelected 'pundits' with the authority to write a 200 page interpretation of one straightforward sentence from the Bill of Rights
Heres the deal. Unless youre a somebody, a child of somebody, or the cop already thinks this, that bag is getting searched no matter what and if they find anything, youre going to jail. Dont resist. Go calmly let them arrest you, bond out and hopefully you are able to fight this. This happens just as often even with camera to record. Even if you have a slam dunk lawsuit case, you still need the resources and support to fight it. They win more often than lose
How do I recoup my out of pocket if I am exonerated in court ?
You must sue the cops and their department.
Sadly, they have qualified immunity that will likely protect them from being individually accountable.
Spend more money to hire a lawyer and hope he wins.
You cannot. It is almost impossible to recoup your economic losses
If you are wrongly accused and spend $200k on an attorney, a real possibility if ever charged with a serious felony, you are SOL if you get acquitted. That’s just considered the cost of doing business. Sadly
I deduct it from the state on my taxes. They can get the money from the cops if they want.
What is being done to address the purposefull manipulation of truth that seems to be prevalent and even taught to our peace officers? What or who is behind the increasing level of unjust behaviors within the law enforcement community?
Absolute power corrupts absolutely.
What if, as the cops approach, you throw your backpack 15 feet away onto the grass, is the bag protected because it is then not in your immediate control?
Nope they will claim you abandoned it and do it anyway
They don’t know what a warrant is in Mexico but they know what a bribe is.
Sometimes it's a better way lol. But sometimes if they see a 'lot' of money and/or don't like you, you go to jail and they take your money. 😅
@ Our Mexican National friend didn’t seem to be too happy with it. What good is paying police to spend a lot of time searching innocent people with no probable cause hoping they have drugs so they can solicited a personal bribe?
Yes and when it's all said and done people will be forced to hire a damn lawyer to get out of it.DAMN SHAME
Never speak to law enforcement. You incriminate yourself by their setup questions.
Works both ways. I got cop to answer my question when I could get my car back. He said when I got out. Well at 2am, as the cop said, I walked to the impound lot, and drove my car home. Good reason to keep planks in your trunk to put over those tire spikes.
How are we going to protect our privacy when our media devices all have an AI assistant that records everything and has total control over our data and key strokes ? Please let us know. Encryption will be a thing of the past as it logs keystrokes.
Back to flip phones?
All new phones coming out have Ai built into the chip so no encryption will prevent corporations from seeing everything
@@Isaac_132 they will stop activating flip phones.
@@kimhuskey6115 True. If you think about it though, this so-called AI is not going to make any difference in your privacy. Backdoors and software tools already allow law enforcement full access to your phone. If you used cloud storage as a backup or to sync all your devices you've given all that information to the government. With how cheap storage is the government built those massive fusion centers around the country specifically to suck up and store all our data. If you think for one second you can delete 1 byte of data from Google you're mistaken. At best they remove things from your view but it's all still there and if the government doesn't have it Google will gladly turn it over. In fact, some companies, like phone companies, routinely do a data dump to the government every few months as routine business.
You may think you have privacy right now but it's an illusion.
Thanks for calling out the “nothing to hide” gang.
In exigent circumstances if home owner has a large dog that is inside your home and people suddenly run in your home and dog bites them, is the homeowner responsible for that?
Yes
Yes and No.
It really depends on the situation.
Trick question, the dog would never get the chance. The question is would the homeowner be billed for the bullets used to preemptively execute the dog in case it defended its home?
If they enter your Home, they don't have Pepper/Mace spray to render your pet non-dangerous as a lesser means of force, instead of murdering your simply non-human member of your Family ?@@xcfjdyrkdtulkgfilhu
Very concerning to learn how our rights and freedoms are erroded constantly by our justice system and that the only ones who benefit are lawyers.
I've made a great living at this, thanks.
Since when can the Constitution be rewritten by judges?
Even Supreme Court judges do not have the authority to make changes to the Constitution and simply rewrite it with their rulings!
Unreasonable.....
The SCOTUS claims not to rewrite the Constitution. They just call balls and strikes. Interpret the law. We have 6 Hard Right Wing justices thanks to TFG. They interpret from the fascist viewpoint. They want to take AWAY rights from the average citizen.
Now you're beginning to understand tyranny and how it happen in a democracy.
The reasoning goes that they aren't 'rewriting' the constitution but interpreting it "more correctly".
@@larryulrich9110 exactly. What is unreasonable?
If safety is the concern to violate the 4th amendment then anything found in the backpack should be exempt from prosecution should be the remedy.
Example: "Ahhh, 1st amendment...for writing letter...but not 🚫 on your computer 💻...
Example 2: The 2nd Amendment is for hunting and sporting purposes...With extreme *regulations*! (Vs SHALL NOT BE INFRINGE) Anyone see the problem. Just listen 👂 to the attorney! Your rights are being reasoned away...And your being FORCED into word salad 🥗 and mensush argumentation!
11:16 What I do not understand is how an inherent right must be invoked like a spell cast rather than an innate ability constantly working.
I makes it abundantly clear to everyone that you don't consent. Especially if everything is being recorded. That way when it becomes a constitutional issue in court, absolutely ZERO people can misconstrue what you said.
@daviking-88 I understand the what and why. Just not the how we came to understand things the way they are now. In school 20 some years ago my dare officer would explain different scenarios. Some of them required keeping quiet. All the years of dare and never once was actually invoking our right verbally mentioned. I only found out a year ago or so watching auditor channels.
Make police regret searching. Get yourself a container that locks, put it inside another container that locks, put that inside another container that locks.. get where this is going? And in the very last container the one all the way on the inside keep a copy of the constitution.. locked containers are different then not locked containers and a judge is going to get really pissed approving 20 warrants that are virtually identical.. that should show those jerks
Pff, the police will never regret anything. They have no consequences to their actions. If they make a mistake, the taxpayer pays.
@@krane15 They most definately will regret it because now that a judge has to individually give a warrent to 15 locked containers... the judge aint going to sign off on any more silly warrents and that cop is going to be pissed off when he repeatedly cant get a judge to sign off on it.. not the oh he gets in trouble so he regrets it.. no no.. the his job is now 100x harder for the same money screw this go work at mcdonalds style regret.. plus the HUGE massive payout from the 15 federal offense counts lol brady list so fired possible.. like when you take their pension away because they did a 18.242 and you got 'em on it.. yeah they can cry themselves to sleep
If you are in a vehicle, you are done. Don’t forget, if your car is towed your vehicle is subject to an inventory search as a matter of practice. No warrant is necessary.
Reality: the police can do what ever they want in these situations to the people they decide to search. Good thing for you guys (YOU know who you are) they are not even trying to search you.
Any one from.nyc remember stop n frisk? Huge violation
N.Y.C. resident ........saw it used many times always against minorities and the poor ........but I'm sure that was just a coincidence .
It's ALWAYS more complicated than you might think. Lawyers are responsible.
Cool little timbits.., Sweet
Easiest refusal for a request to search is “my good friend fought and died protecting the constitution, just allowing you to step on it seems like a slap in the face to him.. you do support our troops now dont you officer?”
How to tell if an officer suspects you? Thay have any contact with you😅😅😅
The sooner the public realizes that, the safer they'll be.
So basically, yes, they can search your backpack and your recourse is later after you have been charged with whatever crime they come up with. Not a lot of help. If the cops walk up to me when I’m sitting on a park bench with my backpack and ask to search the pack. My first question is am I under arrest? If not, I’m picking my backpack up and leaving. Second, if I’m driving my car and I get pulled over my question is why am I being pulled over? If it’s for a traffic stop then no they can’t look at my backpack without a warrant because probable cause does not exist.
Pig: "If you aren't doing anything wrong, you don't have to worry about what's in your bag."
Me: "If I'm not doing anything wrong, you don't have any reason to look in my bag. I do NOT consent to any searches of myself or my gear. Have the day you deserve, Officer Krupke."
Not covered here but seemingly LOTS of online self-taught law experts sound off....
At an airport BEFORE checking in, you still have some privacy. At the moment you present yourself at the ticket kiosk or counter _you have consented to search._ Read your ticket or the website fine print. It's, as they say, boilerplate and internationally standard.
I saw a body cam video of some southern good ol' boy deputy trying to get consent to search a vehicle. He was talking to another deputy about how to search when he offers a suggestion. With a thick drawl he said, "Ah ken are-TICKLE-ate 'officer safety' all day long".
The War on Drugs is among the worst self-inflicted calamities in American history. The Nixon administration wanted to outlaw being a non-White, non-Christian drug user (except alcohol or tobacco), but they knew they it would never work, so they just outlawed the things they thought those people did. Now the police can use that excuse to commit literal highway robbery in the guise of "drug interdiction".
I also believe fellow Veterans should be barred from law enforcement. Aside from the use of weapons, there's no correlation between war fighting, and civilian law enforcement. Too often police see people as lawful enemy combatants, rather than fellow citizens.
Question - Back in the late 1700s and 1800s, was a search warrant required to search a wagon or horse? If yes, then why wouldn't that also apply to a car as a clearly established law? The Founders knew people traveled and used horses and wagons to do so. If they wanted to create exceptions when people are out and about, they would have done so, IMO.
All you have to say is " I do not consent to searches. " If you say that, the police cannot search your backpack or your car.
That couldn't be more untrue. There are no magic words that stop corrupt cops from pushing the boundaries of what they think they can get away with.
@@jeffrielley920 True, however if you get it on film or you can pull the badge cam you can sue now. It's still B.S. of course, but it's always worth your trouble to at least try to stand up for your self.
Correction: the police can do whatever they want. Saying the words may not help you in court, but they certainly won't hurt.
No. That's wrong. The reason you say those words is not to stop the police from doing the search, they're going to do what they want, but to give your lawyer something to work with in court.
Ever cop carries "throw downs" drugs and or weapons. So all the sudden your bag has a little baggie of drugs. Love the chair
Ok, Jeff, let’s try this one…
Upon arrival to Memphis from Dallas on Megabus, two Memphis police officers (in full battle gear) got on the bus immediately and told everyone to sit back down. They clearly stated that everyone is being detained and that their luggage, especially backpacks, are going to be checked for guns. This is not due to a tip, but that they are checking every bus arriving Memphis. “No” is not an option. They state that people who choose this method of transport use it to avoid detection, like they would at an airport. They then proceed to check everyone’s carryon luggage or backpack, letting you go if they found nothing.
Your thoughts?
Thats pretty clearly an illlegal warrantless search - but I'll let the lawyer answer.
Remember, this bus, every bus.
People have bled and died for those rights.
I'm so sick of the law's byzantine BS. The entire legal industry is _very_ incentivized by profit to make things as complicated as possible
And why don’t we have 12 men & woman jury anymore
"I would first have to search you to see that you don't have any drops, before I could give you permission to search me." Yes, police DO drop evidence to "discover".
So, if you are sitting on a park bench and the cops want to search your backpack, they have to arrest you first? Just "detaining" lets them pat you down under the Terry doctrine. But it doesn't seem they can search your backpack for a simple detainment.
Start off with telling the police to GFY. Never consent.,
Before I knew my rights in Hollidaysburg Pennsylvania, I didn't know that they were violating my fourth amendment rights. Everybody should know their rights, and I didn't so I was a victim and I couldn't sue because I didn't know until it was too late
That's
All the more reason why the constitution needs to be taught in school