Not chances..that's 100% certainty...every single cop upholding the constitution should be happy to tell you to shut the fuck up and exercise your rights...they are trained from day 1 to find ways to get people to talk...trained to talk enough to get the "suspect" to start talking..the easy proper way out for most people is to just stay silent...not speaking is not a crime, speaking is a crime...so just shut the fuck up..
Take the 5th and invoke your right to an attorney. Never open your house door for police if they do not have a warrant. Never volunteer for a police interview.
COPS don’t need to have reasonable anything. They can lie, claim whatever they want, Arrest you and STILL not say why. Other Court Cases state the Police are not obliged to tell you anything!! They can haul your ass in, upon Arraignment oh THEN u learn the Charges!! Fukk COPS.. FUKK THESE COURTS who allow this schitt..
If a cop told me the sky was blue, I would go outside myself to check. Apparently cops mention the sky colour as a trick to get you outside your home, to body check, taze & cuff you lol
Not how that works. That defines power. A thing is right or wrong on its own merits, not because it can or can't happen to you. Rights violations are real.
This is not Jeopardy. Don’t put your request for a lawyer in the form of a question. Don’t talk to the police except to say, “I want a lawyer and I won’t answer questions without a lawyer.”
There are so many factors why the average Joe can’t represent himself easily. But my experience is the legalese being the first, second is the ever changing fed, state and local laws. “Ignorance of the law is no excuse” Hell police don’t even know basics yet I’m supposed to keep up with the thousands of new laws every state dreams up if I travel.
The court has an obligation to hold court in the language of the land. That is not legalese. You can demand that they use proper English when representing yourself.
@@skeezix8156 I saw one clip on here where a police sergeant with over 18 years in the force didn't know what Miranda rights were; he'd heard of them, but never bothered to find out the detail...
But even saying nothing at all isn’t a guarantee to work either. Because if you don’t specify state you exercise your 5th amendment right, they will assume your silence is an admission of guilt (somehow????). It has happened before as Mr. Hampton has covered in previous videos. So bullshit
Actually, you should repeatedly respond to anything they say with: " I want a lawyer. I will not answer any questions. I do not consent to any searches or seizures."
I'm in the UK, cops came to my door on a Saturday to ask me some questions, I said I'm not answering any questions, they ask if I'd be available for go to the cop-shop the next day, I said ok but I'll be contacting my lawyer, they said he probably won't be available at the weekend, I called him there and then, he said just reply "no comment" to every question they ask.. case was dropped a few weeks later.. 😂
You always have the right to remain silent in the USA, unless you've been given immunity from prosecution for your testimony. As for the lawyer, you always have the option to hire one at your own expense to advise you. However, if you can't afford a lawyer (they aren't cheap) and you can't get one to work for free, then you might need to wait until you're charged with a crime before you can get one.
@@deebee4575 "forcing you to talk" and "removing your right to remain silent" isn't exactly the same thing. The ability to remove the right to remain silent comes from (Justia): U.S. Supreme Court Kastigar v. United States, 406 U.S. 441 (1972) No. 70-117 Argued January 11, 1972 Decided May 22, 1972 406 U.S. 441 Syllabus The United States can compel testimony from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination by conferring immunity, as provided by 18 U.S.C. § 6002, from use of the compelled testimony and evidence derived therefrom in subsequent criminal proceedings, as such immunity from use and derivative use is coextensive with the scope of the privilege and is sufficient to compel testimony over a claim of the privilege. Transactional immunity would afford broader protection than the Fifth Amendment privilege, and is not constitutionally required. In a subsequent criminal prosecution, the prosecution has the burden of proving affirmatively that evidence proposed to be used is derived from a legitimate source wholly independent of the compelled testimony. Pp. 406 U. S. 443-462.
That is the 5th amendment and it doesn't stop the police continuing ti ask you questions and even make treats if you refuse to respond. The 6th amendment is the right to an attorney during questioning. This is the one that shuts them down or if they persistent makes their actions of continuing to question you a criminal act. So long as you stand firm and refuse to engage with them.
The Original Best Advice From a Lawyer Video going back to when YT first started was!! Shut The F*CK Up!! Said most of his cases would have been won easily if his client had just SHUT THE F*CK UP. 🤣😂
@@lukedrillbrain9850 Only really needed in court, or taking a deposition, or other legal event, when you are asked a question - you can be forced you to answer under the threat of contempt. Then you take the 5th. Just say "No comment" to cops.
@@lukedrillbrain9850 you are correct. There is some court precedent where not specifically invoking this right led to the defendants silence being using against him in court simply because he didn't specifically invoke the 5th Amendment.
10:08 If police begin the encounter by asking "What are you doing?" or express that they are "Just trying to figure out what's going on", wouldn't that make it self evident that they don't have sufficient understanding of the totality of circumstances to meet the legal standard or reasonable suspicion?
Greetings: Indeed, generally, yes. However, they like 2 play dumb. Which is not always playing. B direct in reply asking if U R free 2 leave. If not then envoyé Ur right of silence.
No, because it's legal for cops to lie. Just assume everything out of their mouth is a falsehood and all of their behaviors is to frame you, because the risk of it being the case, while low, is still outweighed by the destruction of being framed.
I should've phrased my question as a statement: When law enforcement gives you any opening to undermine their investigation or their investigative practice, take the opportunity. As soon as an encounter with law enforcement begins, you want to immediately consider that this interaction could wind up being viewed in criminal or civil court. First, you want to appear like the reasonable party: Keep your cool. Be respectful. Secondly, you want to immediately establish - on video/audio - a detailed, chronological chain of facts and as much insight into the officer's reasoning for the stop as you can infer. You do this by asking questions pertaining only to the reason behind the stop and whether or not you're free to go. Do NOT make any other statements or answer the officer's questions, politely refusing and requesting a lawyer for any further questioning, citing your 5th and 6th amendment rights to do so. However, IF any officer (usually on a terry stop) approaches you and immediately asks "what's going on", you want to make sure there's a record of that because it establishes - in the officer's own words - that they do not know what is going on, meaning that they don't have enough information based on the totality of circumstances to meet the legal standard of reasonable suspicion. If the cops don't know what's going on, they can't reasonably suspect you of involvement in criminal activity without supporting evidence (which only their encounter with you will provide). Advise the officer - for the record - that if they don't what's going on, they can't meet the standard of reasonable suspicion and therefore, have no authority to detain you. Keep your mouth shut only to cite your 5th and 6th and to ask if you're free to go; it'll give them nothing to build a case on and will look much better for you in the eyes of a judge and jury if you can go about it with a sense of calm professionalism. But really, it's all a judgement call. If providing your ID gets you home without an issue, consider whether or not it's in your best interests to comply.
They will delay that for as long as possible with the hope that you will think you do not have those rights until after arrest. Your rights are ALWAYS protected by the constitution.
@@markdaniel8740 A Miranda reading was mentioned in this video. What happens before that is another topic. Otherwise, I do not disagree, except to add that case law, also mentioned, is a more powerful defense than a vague constitutional claim.
Never say "yes" or "no" to the cops. Always make complete statements. Cops have ways of phrasing their questions vaguely so whether you say "yes" or "no", your response can be taken as whatever _they_ want it to be. So avoid those two words and state your answer with a full sentence.
Once you are detained or in the station, never speak to a police officer without an attorney. And on traffic stops when asked if you know why they stopped you, the correct answer is "I do not know why you stopped me".
The good news is that when I was being questioned by the Police I told them that I wanted to talk to an Attorney. The Police refused my request and insisted that I answer their questions, which I did, because I thought that I was required to do so. Later my Attorney got all of my statements eliminated.
No lawyer produced. Then I must be free to go. Have a nice day officer. My lawyer says to answer questions, they are fired, and I get a better lawyer. The lawyer can answer any questions they want. I will never do so. I can't even answer what my name is since I do not have access to the witness protection records. For all I know my name isn't my name because dad is a crook, and I have lied to them if I tell them my name. While I was at my birth, I don't remember it.
So true also so evil because the average Joe that doesn’t understand legal technicalities or watch videos like this will usually believe the BS they hear.
So...invoking the 5th amendment means the other guy is always completely right? No, it's just a standard police lie, and police lie so much that they have a court ruling that says they can lie as much as they want. Never believe a cop, especially if you're on jury duty.
You could respond by saying "I recognize your threat of retaliation against my constitutional right. However I continue to demand legal representation before answering any questions." This way you have stated for the record that they have made a threat against you specifically for invoking a constitutional right. It might give them pause before making more mistakes. Even if it doesn't it will be enormous help in court destroying the character of the officer.
ALWAYS *INVOKE* your 5th Amendment and 6th AMENDMENT *RIGHTS*; then, ..... *keep your mouth shut SHUT* ... and repeat this everytime you blunder and 'speak'!!!!!
You have to Actually say, "I exercise my 5th amendment right to remain silent..." Or, "I don't/won't answer questions without lawyer." Then, BE QUIET until you get that lawyer. The courts and police can be ambiguous with the law but we have to be specific within our rights.
Invoke your right to remain silent and demand ( unequivocally ) an attorney . No matter what you say the police will find a way to twist it to fit their narrative ( conformational bias ) .
If Law EnFORCEment is talking to You, The Citizen about anything, you are being Detained.... Never Talk, never answer and NEVER, EVER TRUST THEM about anything.....
Cops can and do talk to many people while they are not detained. As for never talking to the police, sometimes you have to, but I fully agree that you should NEVER trust a cop. Always be very careful about what you say or do around a cop, and if you think you need a lawyer, then you are well past the point where you need one.
One thing I’d love to see discussed, and maybe you have in a previous video, if you say, “I won’t speak further without my lawyer present,” how do you actually get a lawyer? I figure that most folks don’t have a lawyer on retainer or an established relationship with the kind of lawyer needed if the police are interviewing you. What do you do in that moment? What should you do prior to that moment?
The point is they have to escalate this into a criminal proceeding _without_ evidence. So, it eliminates any chances of them "interpreting" things to create evidence and protects your rights, because then they HAVE to provide representation. Most of the time, the cops just drop it, because they can't interpret your statements in any way but, "You get no statement." You must always proceed in such a way that protects yourself from the cops, because the examples of them abusing their power are innumerable.
In Colorado they have a cheap trick I fell for years ago. Before they started the interview, they had me sign an agreement to the interview. In the agreement was a waiver of my fifth amendment.
How could they enforce such an agreement? In a contract each party provides some benefit to the other. What benefit did it grant you? What would be the penalty for noncompliance?
I'll speak to the police without an attorney when the police make a public statement about a lawsuit they are facing. Until then, "I cannot comment on a pending investigation".
Cop - "Why do you need a lawyer if you've got nothing to hide ?" Informed citizen - "Why do you need qualified immunity, and police union representation, if you dont do anything bad, or wrong ? Secondly, if police were actually trustworthy, why is there an entire internal division, that ONLY investigates police malpractice and wrong doing ?"
Never consent to a search, even if they profess to have a warrant. If they have a warrant, they will search even without your consent. And if the warrant is invalid or they lied about having one, yet searched over your refusal to consent, then everything they find can be excluded from evidence, as well as anything else they later find as a result of what they learn from the search (Google fruit of the poisonous tree doctrine).
"Maybe I need a lawyer" is not "I want a lawyer.". The police will NEVER recommend that you ask for a lawyer. Either way, you also have the right to remain silent.
It is funny how police tells you, sometimes, that you do not need a lawyer, and the same officer when accused asks not just for a lawyer, but also for union representative.
Even if they don't get you a lawyer after you explicitly ask for one and keep questioning you, don't think that automatically gets your testimony thrown out in court. A judge gets to decide how egreious that error was and may allow your testimony into evidence.
Yet cops will try to tell you that they know more than this lawyer. Cops have about 20 hours of law info during their time at an “ academy” . A lawyer has studied it much more intensely cops think they are better educated .
Lawyer Dawg is the most hilarious while simultaneously horrible and terrible situation ive ever heard of. He asked for 'a lawyer, dawg' which the cops argued was a request for 'a lawyer dawg' which there are none ofc so the cops ignored it. The cops won. 😢
I agree with that ruling. These are serious matters which should be conducted in a serious manner. "I want a lawyer dog" is not serious. "I am invoking my 6th amendment right to have legal counsel present during any questioning." Would be impossible for the cops to wiggle out if.
Get attorney shield apt on your phone, you will have a lawyer in less then 30 seconds who will handle everything with the cops It's cheap, and everything is recorded for your records.
I'm challenging you on being required to have an ID as a ticket-holding passenger on an airline. To my understanding, the TSA has "policies" requiring ID, but there is no law backing that up. Phil Mocek proved this in 2009 and the subsequent trial in which he was found not guilty on all charges.
Having a ticket doest require you to show I'd. However you can't use the ticket without going through TSA security. So really it's the same difference.
I'm making a credit card type thing for my wallet that will have all the legal phrases listed in case I need it, I think it would be a cool idea as a product to sell them to the people.
Multiple people have already done this. I got one from a pen and teller show about 20 tears ago for use in airports against TSA. It was even made of metal so it would trigger the detector and they would have to look at it.
@ Yes, but, the difference between a detention and an arrest is. An Arrest you are not free to leave. A Detention, you have the expectation that you may leave at any time. This is something they don’t teach the general public.
@@tonyb-50 If an Officer has probable cause of a violation to effect a traffic stop. And justification for a ticket. Technically you are being Arrested for that infraction or crime. If an Officer can’t articulate the reason for the stop. And is just fishing. Then that falls dangerously close to an Unlawful Detention. Citation/ Ticket and release is an Arrest and Release with a note to pay fines or appear in court. Severity of the infraction/Crime, greatly affects your 4th Amendment Right. And if you’re not being Cited and Released, but rather are being hooked and booked. Everything in your vehicle is going to be search. If not related to the crime. Simply as property inventory if your car is being impounded. Where that leads is in the hands of your good or bad attorney.
@@williezar2231 court has ruled no warrant no foot in side or it’s a CONSTITUTION VIOLATION , tell cop it a violation & lose immunity. AND ALLWAS RECORD COPS SHOW FOOT IN DOOR WAY
Point your second amendment at your door frame and inform the officer that you are about to redecorate. J k. This will almost certainly get you murdered. You should have already been recording. If not start immediately. Once recording inform the officer that you did not give them permission to enter your home and formally demand that unless they have a search warrant that they exit your property immediately. They will refuse. Probably claiming that they have not entered the home. To which you reposed "You have illegally enter my home and the curtalage of my home. Now you are trespassing by refusing a legal order to vacate my property. I am calling to police to come and arrest you." Then call the police and request to speak to their captain. Explain that his officers have illegally entered your home without a warrant and that unless he wants to be included in the federal lawsuit against his officers that he had better have them retreat immediately. You don't need to even tell the captain your name. Just the address. Don't let him bait you into a conversation. Just hang up. Give it 2 minutes. If they are still on your property call 911. This helps create a trail of records the police can not easily disappear. Report that men claiming to be police have invaded your property without a warrant. That they entered your home without consent and that they are still trespassing and refusing to leave. Again you can simply give your address. Give it a couple more minutes then call the FBI. Explain the situation. They are unlikely to intervene directly but again it's about creating records of the incident that the local police can't delete or manipulate.
Arkansas is a bit of a weird one when it comes to Stop and ID. It ONLY applies to the specific statute of Loitering and Prowling. Only if the cops have RAS of that specific crime, otherwise one has to be lawfully arrested before required to ID. The law is even ambiguous when it comes to Loitering and Prowling, because it says MAY, not SHALL, and that it's only ONE factor in determining Probable Cause.
I’m a union Stewart, and I say that exact same thing to my members! Management likes to say, “hey can we talk?” I can’t tell you how many times I’ve heard, “I thought we were friends” or on “good terms” so I didn’t ask for a union rep. I always say, they are not your friends and they’ll never will be. Ive sat there requested a union rep being one myself. They were asking me questions, I was playing a drum solo on my knees. I know it’s not as intense as the cops, but it made me laugh. 😂😂😂
Would it be legal to answer the questions with non sequitur answers that are truthful? "Where were you Friday night" "Lol I remember I had a huge crush on my 4th grade teacher."
This attorney needs to watch more videos. Cops ignore the questions he advises us to ask and continue to make their demands (or requests that sound like demands) or launch into implied or illegal threats or hurl insults or become snide/sarcastic/derisive in order to provoke negative emotions that make mistakes more likely and then use normal emotional responses as a pretext for proceeding to the next abusive thing they want to do to the victim.
You might also mention that though police must be "able" to articulate reasonable suspicion" of crime to support a detention or ID demand, they are not required to articulate it at the time of the detention or ID demand, but only when they write a report, e.g. after an arrest. Thus, all these auditor demands for police articulation of the basis for their RAS go unanswered and this is not a basis for citizen refusal of the demand. And not recognizing this limitation on officer's obligations to express RAS causes numerous people to be arrested for "obstruction" for failure to ID. This is part of police authority to not disclose the basis for their investigation while it is ongoing. BTW, at least in the context of a traffic stop, I hate this state sanctioned manipulation by officers though some states, like California now statutorily require police to tell motorists at the commencement of a traffic stop why they were pulled over.
Maybe if cops weren't so dishonest, they wouldn't have gotten that law shove at them. Bad choices can have undesirable consequences. That's why they should pay attention to qualified immunity abuse. They can lose that protection, if they honk off enough people.
While technically true I've never seen a case were charges against a person for refusing to ID because the officer wouldn't even articulate reasonable suspicious were upheld. In fact ive seen many were such charges were dismissed even after the officer offer their RAS and the citizen destroyed their reasoning. For example one I saw recently. A man was stopped by police who demanded ID. Their RAS was that the man was in a high crime are. He refused to ID stating that he lived nearby and that simply existing near your home couldn't be considered reasonable suspicion of a crime. The police then asked were he lived which he also refused to answer stating that as they had no RAS he was under no legal obligation to tell them even were he lived. The police persisted claiming that of he could prove he lived nearby it would satisfy their suspicion. Of coarse to do that they wanted to see his ID. The man again refused stating that even if he didn't live nearby he could have a friend or other legitimate business in the area. Again he stated that there would be no "reasonable suspicion of a crime" associated with a person visiting their friend". They ended up arresting him for failure to ID. His charges were dropped. He filed a federal lawsuit and ended up settling for several tens of thousands. I forget the exact amount.
The one that gets me- Law enforcement can lie to the public, but it’s illegal to lie to law enforcement. When they can’t lie we shouldn’t be allowed to lie. As long as they can, we should be allowed to
The good news is that Contra Costa County, California recently paid 8.4 million dollars for a false arrest. If you are the victim of a false arrest, plan on getting an 8.4 million dollar payday.
Helpful phrase ‘I don’t agree’. Useful in court as well when addressing the judge. Key to police interaction is they don’t have to tell the truth, in fact, they can lie without any consequence, however if any phrase you utter can be mistaken, it will be. That should tell you all you need to know. It is always better to have a third party speak in your behalf like a lawyer. You can later say they were wrong and or you do not agree with what they said.
If you're a commercial driver, unfortunately, you don't have the right to refuse a field sobriety test. You can lose your license over it. I think it's stupid because you can have bad balance, trip and fall and the cop can go, "I guess you're drunk then," Then it's an uphill battle to prove you were sober. Thankfully, this hasn't happened to me so far.
7:32 Cops can arrest for failure to ID, but only if they can articulate reasonable suspicion of a crime to legally detain you. So, question: Is that only in court where they have to articulate a reason for detaining you? Or, do the cops need to articulate to YOU at the scene why they are supposedly legally detaining you?? (I’ve read that they only need to articulate their reasoning in court.) Thank you!
me "I exercise my right to remain silent and I will not answer questions without my lawyer" them "why do you need a lawyer? Do you have something to hide?" me "Officer, you just asked me 2 more questions after I told you I won't answer without a lawyer. You just violated my rights." When I was 20 I was harassed by an officer because I walked at night from my downtown apartment to 7-11 for a slurpie. I was wearing jeans and a t-shirt. He accused me of being a 'working girl' and was demanding an ID, which I honestly didn't bring cuz I was WALKING 3 blocks for a drink, plus I'm from WA and that's illegal. Had to ask for his supervisor, at which point he drove away without giving me his badge number. But he never did bother me again.
🛑You should partner with Black Attorneys and other minority parents to produce a legal version of the "Talk" which tells you how to handle police encounters when you are an ethnic minority in the US. Im sorry, but asking "white" cops questions, even when done respectively, usually leads to being pulled out of the car and roughed up. Denying the reality of the situation is as dangerous as going in blind to your own rights.
@GETole Obviously, but it's not their show or platform. The partnership is an opportunity for both parties to think tank together and explore the reality of police/civilian encounters in the US.
I totally agree with the law. I'm tired of all this niceness when clarity is called for. I just watched a TH-cam video of a judge ripping a layer a new butthole because at the prior hearing she TOLD HIM, "Please get a transcript." He did not get the transcript for the new hearing. I believe she should have ordered him to do it, not "request" he get it with a "please."
"I am invoking my right to remain silent and my right to have an attorney present during any potential questioning." Is what you are now required to say the way I read a court which has completely gone off the rails in every possible way's most recent ruling.
After watching many many interactions - of people trying to withhold ID, is to make the cop "Demand ID or be arrested", then give the cop your ID and state "under the threat of arrest, I am providing my ID"... ...then take the cop to court.
I had an officer tell me he needed my ID because he made contact with me and he needs it for his report. I felt if I complained I would go to jail; so I give it to him.
You have a right not to turn over ID. Cop has the ability to ruin your entire day. It’s up to you to choose what to do. Me? I’m turning over my ID, but it’s a person decision.
You DO NOT have to carry an id or driver's license if you are driving. You only need to know your license number or just give them your name, address and date of birth. They can look it up. Hell, they know before they pull you over ( if the owner is driving)
You are NOT entitled to a lawyer at a traffic stop! You are required to provide your ID, but after that you don't have to answer questions! What is all this nonsense about standing up to the cops!? Maybe you should just comply with the law and be a good citizen! If we make the cops our enemy then society is lost!
First sentence in Miranda..."you have the right to remain silent" Use it, with the exception of the claim use of Constitutional rights to remain silent and request a lawyer present.
I don't want to forget to ask this question: You always say that the officer has to provide reasonable articulable suspicion. Which if I understand it correctly means he has to be able to describe the crime that he believes is happening or might happen. What I've never heard you say is to whom he has to say those words. Does he have to say them to the person he's detaining Does it not come up till later if it actually goes to court? Does he have to put this on a police report? I hear this so much that they have to say it. But to who exactly? Hoping you could shed some light on this.
RAS, reasonable articulable suspicion is used to determine probable cause. It is something a Judge would use to decide if you will go to trial. Of course, you may demand the officer explain their RAS to you, but, at the end of the day, just keep your mouth shut and be civil, without speaking. Let them be the criminals. They do have good training to trick you but have no training to deal with knowledgeable citizens going off script.
Based on the philosophy that a suspect is innocent until proven guilty, the police should not be allowed to question someone unless they clearly waive their rights.
The correct response to "we know what happened so why don't you tell us your side of the story" "well if you already know what happened then you don't need me to tell you anything"
You can stop police questioning by refusing to answer questions without a lawyer. At that point all questioning must stop. Cops failure to end the interrogation is a violation of your constitutional rights. Demand an attorney and repeat the demand as the only wnswer you give to their questions
@spyder001 that's literally not true. You should already be hitting the button before he even gets to the window. I use this app and it's actually gotten me out of even getting a ticket
@j-cuts9396 i have seen a few of the videos where it's been used. Looks interesting. But the attorney shield app, will open up a few questions and policies. Changes that need to be made.
It’s always amazed me how bent out of shape they get when you let them know that the simple fact that they can legally Lie to you means that you’re going to consider Everything that they say as a Lie.
If you're guilty, you need a lawyer. If you are innocent, you definitely need a lawyer...
2nd to sue violating your rights
Absolutely perfectly said.... Never, ever talk to the Police!!
Unless your the reporting a crime. Then your a snitch.😅
@@Geoff-j4b
@@Geoff-j4bthen you’re still, a snitch.
Chances are if law enforcement is saying that you don’t need legal representation, you do.
EXACTLY!!!!!
Police are your friends. If you treat them well, they will treat you well and have your back in court.
Not chances..that's 100% certainty...every single cop upholding the constitution should be happy to tell you to shut the fuck up and exercise your rights...they are trained from day 1 to find ways to get people to talk...trained to talk enough to get the "suspect" to start talking..the easy proper way out for most people is to just stay silent...not speaking is not a crime, speaking is a crime...so just shut the fuck up..
Even if they don't, you do...
You're NOT entitled to a lawyer during a traffic stop! After you provide ID you don't have to answer questions, that's all!
Take the 5th and invoke your right to an attorney. Never open your house door for police if they do not have a warrant. Never volunteer for a police interview.
I believe the right to counsel is the 6th. Funny how everything in the Bill of Rights seems to be in order of most importance.
@, the 5th is the right to not testify against yourself aka the right to remain silent. Yes, the 6th is the right to an attorney.
Police don't do interviews, they do interrogations.
Just don't ask for a lawyer dog...
Ever
If a cop tells you that you don't need a lawyer, you need a lawyer.
Get two
COPS don’t need to have reasonable anything. They can lie, claim whatever they want, Arrest you and STILL not say why.
Other Court Cases state the Police are not obliged to tell you anything!! They can haul your ass in, upon Arraignment oh THEN u learn the Charges!!
Fukk COPS.. FUKK THESE COURTS who allow this schitt..
If a cop told me the sky was blue, I would go outside myself to check.
Apparently cops mention the sky colour as a trick to get you outside your home, to body check, taze & cuff you lol
@@palemale2501ha. Now you are outside and they can grab you. You fell for their trap
That’s a trick. They got you outside now and your door was opened.
ask for a lawyer. cops still talk to you
tip #1. stfu
tip #2. stfu
tip #3. stfu
...
This is the best comment ever!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
You're 100% accurate. Blessings 🙏
On the real, all facts.
But what if I think I’ve got something worth saying?
@billcook4768 see tip #3
"Rights are not rights if they can be taken away" G. Carlin
Not how that works. That defines power. A thing is right or wrong on its own merits, not because it can or can't happen to you. Rights violations are real.
This is not Jeopardy. Don’t put your request for a lawyer in the form of a question. Don’t talk to the police except to say, “I want a lawyer and I won’t answer questions without a lawyer.”
You don't even have to answer questions with a lawyer
@@icecold9511 Yes, but you want to give them hope so they'll let you get a lawyer.
Iii
If you're guilty.. you need a good lawyer..
If you're innocent, you need a great lawyer!
@@Haladmer 2 lawyers To sue constitution violation
If the courts were 'fair' to people, lawyers would make considerably less.
There are so many factors why the average Joe can’t represent himself easily. But my experience is the legalese being the first, second is the ever changing fed, state and local laws. “Ignorance of the law is no excuse” Hell police don’t even know basics yet I’m supposed to keep up with the thousands of new laws every state dreams up if I travel.
The court has an obligation to hold court in the language of the land. That is not legalese. You can demand that they use proper English when representing yourself.
That's all part of the payola scheme law enforcement has
@@skeezix8156 I saw one clip on here where a police sergeant with over 18 years in the force didn't know what Miranda rights were; he'd heard of them, but never bothered to find out the detail...
@@scottmatznick3140they are speaking English it's your problem you don't understand it
Anything you say can be used against you. Nothing you say can help you. Say nothing because it will help you.
But even saying nothing at all isn’t a guarantee to work either. Because if you don’t specify state you exercise your 5th amendment right, they will assume your silence is an admission of guilt (somehow????). It has happened before as Mr. Hampton has covered in previous videos. So bullshit
@Davinn
Even one of the descending judges argued that interpretation requires the public must be lawyers to interact with cops.
👍👏👏👏
@@icecold9511TRUTH
Actually, you should repeatedly respond to anything they say with: " I want a lawyer. I will not answer any questions. I do not consent to any searches or seizures."
I'm in the UK, cops came to my door on a Saturday to ask me some questions, I said I'm not answering any questions, they ask if I'd be available for go to the cop-shop the next day, I said ok but I'll be contacting my lawyer, they said he probably won't be available at the weekend, I called him there and then, he said just reply "no comment" to every question they ask.. case was dropped a few weeks later.. 😂
In USA we have a constitutional right to have a lawyer present during any questioning. Do you have similar right in the UK?
A cop wouldn't even get my phone number
EVERYONE has the right to remain silent. Sadly, very few have the ability to do so!
There are lots of Ron Whites out there.😉
@@timdowney6721
my mind went right to Mr. White too.
nope, SC took it away is several instances.
What I've seen a lot is a cop saying "You haven't been arrested yet, so you don't have the right to remain silent, or a lawyer"
You always have the right to remain silent in the USA, unless you've been given immunity from prosecution for your testimony. As for the lawyer, you always have the option to hire one at your own expense to advise you. However, if you can't afford a lawyer (they aren't cheap) and you can't get one to work for free, then you might need to wait until you're charged with a crime before you can get one.
Explain exactly how they'd force you to talk.....
And where have you seen this?
@@deebee4575 "forcing you to talk" and "removing your right to remain silent" isn't exactly the same thing. The ability to remove the right to remain silent comes from (Justia):
U.S. Supreme Court
Kastigar v. United States, 406 U.S. 441 (1972)
No. 70-117
Argued January 11, 1972
Decided May 22, 1972
406 U.S. 441
Syllabus
The United States can compel testimony from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination by conferring immunity, as provided by 18 U.S.C. § 6002, from use of the compelled testimony and evidence derived therefrom in subsequent criminal proceedings, as such immunity from use and derivative use is coextensive with the scope of the privilege and is sufficient to compel testimony over a claim of the privilege. Transactional immunity would afford broader protection than the Fifth Amendment privilege, and is not constitutionally required. In a subsequent criminal prosecution, the prosecution has the burden of proving affirmatively that evidence proposed to be used is derived from a legitimate source wholly independent of the compelled testimony. Pp. 406 U. S. 443-462.
The flip side is, "I haven't been arrested, so I'm leaving."
@@ClockworkGearhead "I don't understand". "Am I under arrest?" "Am I free to go?"
THE BEST ADVICE A TH-camR PLACED ON HIS CHANNEL, AND IT IS SIMPLE.
“I DONT ANSWER QUESTIONS” done.
That is the 5th amendment and it doesn't stop the police continuing ti ask you questions and even make treats if you refuse to respond. The 6th amendment is the right to an attorney during questioning. This is the one that shuts them down or if they persistent makes their actions of continuing to question you a criminal act. So long as you stand firm and refuse to engage with them.
I've heard that you should specifically state you're invoking your 5th-Amendment right to be silent.
The Original Best Advice From a Lawyer Video going back to when YT first started was!!
Shut The F*CK Up!!
Said most of his cases would have been won easily if his client had just
SHUT THE F*CK UP. 🤣😂
@@lukedrillbrain9850 Only really needed in court, or taking a deposition, or other legal event, when you are asked a question - you can be forced you to answer under the threat of contempt. Then you take the 5th. Just say "No comment" to cops.
@@lukedrillbrain9850 you are correct. There is some court precedent where not specifically invoking this right led to the defendants silence being using against him in court simply because he didn't specifically invoke the 5th Amendment.
10:08 If police begin the encounter by asking "What are you doing?" or express that they are "Just trying to figure out what's going on", wouldn't that make it self evident that they don't have sufficient understanding of the totality of circumstances to meet the legal standard or reasonable suspicion?
Greetings: Indeed, generally, yes. However, they like 2 play dumb. Which is not always playing. B direct in reply asking if U R free 2 leave. If not then envoyé Ur right of silence.
Cops can and frequently do lie to you.
No, because it's legal for cops to lie. Just assume everything out of their mouth is a falsehood and all of their behaviors is to frame you, because the risk of it being the case, while low, is still outweighed by the destruction of being framed.
I should've phrased my question as a statement: When law enforcement gives you any opening to undermine their investigation or their investigative practice, take the opportunity. As soon as an encounter with law enforcement begins, you want to immediately consider that this interaction could wind up being viewed in criminal or civil court. First, you want to appear like the reasonable party: Keep your cool. Be respectful. Secondly, you want to immediately establish - on video/audio - a detailed, chronological chain of facts and as much insight into the officer's reasoning for the stop as you can infer. You do this by asking questions pertaining only to the reason behind the stop and whether or not you're free to go. Do NOT make any other statements or answer the officer's questions, politely refusing and requesting a lawyer for any further questioning, citing your 5th and 6th amendment rights to do so.
However, IF any officer (usually on a terry stop) approaches you and immediately asks "what's going on", you want to make sure there's a record of that because it establishes - in the officer's own words - that they do not know what is going on, meaning that they don't have enough information based on the totality of circumstances to meet the legal standard of reasonable suspicion. If the cops don't know what's going on, they can't reasonably suspect you of involvement in criminal activity without supporting evidence (which only their encounter with you will provide). Advise the officer - for the record - that if they don't what's going on, they can't meet the standard of reasonable suspicion and therefore, have no authority to detain you. Keep your mouth shut only to cite your 5th and 6th and to ask if you're free to go; it'll give them nothing to build a case on and will look much better for you in the eyes of a judge and jury if you can go about it with a sense of calm professionalism.
But really, it's all a judgement call. If providing your ID gets you home without an issue, consider whether or not it's in your best interests to comply.
@ClockworkGearhead Greetings: Yeah what he said.
Being Mirandized is a sure sign that you are arrested.
They will delay that for as long as possible with the hope that you will think you do not have those rights until after arrest. Your rights are ALWAYS protected by the constitution.
@@markdaniel8740 A Miranda reading was mentioned in this video. What happens before that is another topic. Otherwise, I do not disagree, except to add that case law, also mentioned, is a more powerful defense than a vague constitutional claim.
Anything you say before you’re Mirandized can be used against you as well.
As far as Miranda goes, tell them that you DON'T understand the rights as they've read them to you, and you need an attorney.
@@deebee4575 Or after.
Never say "yes" or "no" to the cops. Always make complete statements. Cops have ways of phrasing their questions vaguely so whether you say "yes" or "no", your response can be taken as whatever _they_ want it to be. So avoid those two words and state your answer with a full sentence.
Better yet, clearly invoke your right to remain silent and remain silent.
Here's a complete sentemce; "at this time I invoke my 5th Ammendment right to remain silent. "
Once you are detained or in the station, never speak to a police officer without an attorney. And on traffic stops when asked if you know why they stopped you, the correct answer is "I do not know why you stopped me".
@@macmcleod1188 I would say that or "No but I'm sure you are about to tell me."
Yes 💯
If it wears a badge, it lies.
ALL GOVERNMENT. LIES
Even politicians don't lie as much as a badge.
@ e till you realize made law to change the definition of a English work , look up driver in law
If it wears a badge and smells like bacon and donuts it lies.
@ 😎😂🤣😂🤣😂
The good news is that when I was being questioned by the Police I told them that I wanted to talk to an Attorney. The Police refused my request and insisted that I answer their questions, which I did, because I thought that I was required to do so. Later my Attorney got all of my statements eliminated.
No lawyer produced. Then I must be free to go. Have a nice day officer.
My lawyer says to answer questions, they are fired, and I get a better lawyer. The lawyer can answer any questions they want. I will never do so. I can't even answer what my name is since I do not have access to the witness protection records. For all I know my name isn't my name because dad is a crook, and I have lied to them if I tell them my name.
While I was at my birth, I don't remember it.
Lack of education is a very scary thing.
The courts continually favor the government and not the people. Which is exactly what our forefathers fought for.
Only criminals and frauditors are so concerned with what the courts do! Law abiding citizens don't need to care!
..fought Against.
Fought against...not for.
Maybe I should get a lawyer is not asking for one.
Don't you mean "Fought AGAINST"?
They also say: "Well, if you ask for a lawyer, we can't talk to you anymore. We will have to go with what the other guy says."
So true also so evil because the average Joe that doesn’t understand legal technicalities or watch videos like this will usually believe the BS they hear.
So...invoking the 5th amendment means the other guy is always completely right?
No, it's just a standard police lie, and police lie so much that they have a court ruling that says they can lie as much as they want.
Never believe a cop, especially if you're on jury duty.
Means nothing. Ignore.
You could respond by saying "I recognize your threat of retaliation against my constitutional right. However I continue to demand legal representation before answering any questions."
This way you have stated for the record that they have made a threat against you specifically for invoking a constitutional right. It might give them pause before making more mistakes. Even if it doesn't it will be enormous help in court destroying the character of the officer.
HR/Coworkers are like cops, they are not your friends
Especially HR!!!!!!!
I would just refuse to Talk No Matter how much they Threaten>>>>>🤐
Yep!!! It's called your 5th constitutional amendment
ALWAYS *INVOKE* your 5th Amendment and 6th AMENDMENT *RIGHTS*; then, ..... *keep your mouth shut SHUT* ... and repeat this everytime you blunder and 'speak'!!!!!
You have to Actually say, "I exercise my 5th amendment right to remain silent..." Or, "I don't/won't answer questions without lawyer." Then, BE QUIET until you get that lawyer.
The courts and police can be ambiguous with the law but we have to be specific within our rights.
If you don't verbally exercise your right to remain silent, it doesn't count.
silence after a question is a yes by default now,, instead repeat "i invoke my 5A right" after every question.
Invoke your right to remain silent and demand ( unequivocally ) an attorney .
No matter what you say the police will find a way to twist it to fit their narrative ( conformational bias ) .
@@michaelbeams9553 attorney is gov agent of the government, person signed WILL PROTECT , HIDE & LIE , make sure is lawyer
Also ask if you're being detained and free to leave!
US v. DeBerry, (1996) lawful possession of a firearm alone cannot constitute reasonable suspicion for a stop by police
Wth is lawful possession of a firearm?
Like open carrying your firearm…..having a firearm on your person in a lawful manner is not a reason for law enforcement to stop you
@@Variable19 That's a tautology. If you're doing something "in a lawful manner" it's legal by definition.
If Law EnFORCEment is talking to You, The Citizen about anything, you are being Detained.... Never Talk, never answer and NEVER, EVER TRUST THEM about anything.....
I would be quiet before that.
Cops can and do talk to many people while they are not detained. As for never talking to the police, sometimes you have to, but I fully agree that you should NEVER trust a cop. Always be very careful about what you say or do around a cop, and if you think you need a lawyer, then you are well past the point where you need one.
If they won't honor your 6th amendment rights, exercise your 5th Amendment rights and stop talking. In fact, it's my rule to NEVER TALK TO THE POLICE.
One thing I’d love to see discussed, and maybe you have in a previous video, if you say, “I won’t speak further without my lawyer present,” how do you actually get a lawyer? I figure that most folks don’t have a lawyer on retainer or an established relationship with the kind of lawyer needed if the police are interviewing you. What do you do in that moment? What should you do prior to that moment?
I was going to ask that very question. I'm just a working slob, and I can't afford to keep a lawyer on retainer.
Read the Miranda, it says they have to provide one, not necessarily a good one, but better than none.
It's not about "get a lawyer", but shutting your mouth. That's #1.
If you have none, you'll get a public defender UNTIL you can get one.
@deebee4575 That's certainly true. No matter what you say the police can distort the meaning to make it sound like you confessed to multiple murders.
The point is they have to escalate this into a criminal proceeding _without_ evidence. So, it eliminates any chances of them "interpreting" things to create evidence and protects your rights, because then they HAVE to provide representation. Most of the time, the cops just drop it, because they can't interpret your statements in any way but, "You get no statement."
You must always proceed in such a way that protects yourself from the cops, because the examples of them abusing their power are innumerable.
In Colorado they have a cheap trick I fell for years ago. Before they started the interview, they had me sign an agreement to the interview. In the agreement was a waiver of my fifth amendment.
You should have read it.
@ericcraig3675 I was 18 and stupid
Doesn't matter. You can't sign away your rights. They can _interpret_ your behavior however, but you can always reinvoke it at any time.
How could they enforce such an agreement? In a contract each party provides some benefit to the other. What benefit did it grant you? What would be the penalty for noncompliance?
I'll speak to the police without an attorney when the police make a public statement about a lawsuit they are facing. Until then, "I cannot comment on a pending investigation".
Cop - "Why do you need a lawyer if you've got nothing to hide ?"
Informed citizen - "Why do you need qualified immunity, and police union representation, if you dont do anything bad, or wrong ?
Secondly, if police were actually trustworthy, why is there an entire internal division, that ONLY investigates police malpractice and wrong doing ?"
INVOKE your rights to remain silent and to have an attorney present. Stop worrying about what the police might think.
If a cop can lie to you, what stops them from lying to you about them having a search warrant, especially when they refuse to give it to you?
Or even making a fake warrant? It's just another form of lying!
@@PeterMaranci, They can show you a search warrant however, if he doesn’t have a judge’s signature on it, then it’s not legal.
Never consent to a search, even if they profess to have a warrant. If they have a warrant, they will search even without your consent. And if the warrant is invalid or they lied about having one, yet searched over your refusal to consent, then everything they find can be excluded from evidence, as well as anything else they later find as a result of what they learn from the search (Google fruit of the poisonous tree doctrine).
@@MissMarinaCapri do you know all judges' signatures?
@@thecursed01 Can they produce the (fake) warrant in court? If they do you win! If not you win!
"Maybe I need a lawyer" is not "I want a lawyer.". The police will NEVER recommend that you ask for a lawyer.
Either way, you also have the right to remain silent.
USA : Unless it's a clear yes, it's a no.
Canada : Unless it's a clear no, it's a yes.
And you are supposed to be the land of the free.
Yeah, but at least we have freedom of speech in the USA.
You can be arrested for things you write on the internet in adorable little Kanada.
@@deebee4575 yea, and no notsees are president elect, here.
even if it is a clear drag queen a no women will put you in jail in canada.
It's funny that you still believe that, we'll see how much this comment is aged in 4 years @@andrewgross4445
It is funny how police tells you, sometimes, that you do not need a lawyer, and the same officer when accused asks not just for a lawyer, but also for union representative.
Even if they don't get you a lawyer after you explicitly ask for one and keep questioning you, don't think that automatically gets your testimony thrown out in court. A judge gets to decide how egreious that error was and may allow your testimony into evidence.
Stop talking. Further testimony indicates that you changed your mind.
The literally can't not "allow your testimony" if you just stop talking after you demand a lawyer.
Wow! A very comprehensive video!
The work you do for everybody is sincerely appreciated!
Yet cops will try to tell you that they know more than this lawyer. Cops have about 20 hours of law info during their time at an “ academy” . A lawyer has studied it much more intensely cops think they are better educated .
Yes! Your comment should be pinned, it’s so true, he gives great info in an understandable way.
Once your rights are bypass they are now violated
"i invoke my rights, i want my council." rinse and repeat till you get a lawyer, after that "i dont recall" repeated till court.
or "I don't understand."
Legalize is not English! Don't pretend you know!
Lawyer Dawg is the most hilarious while simultaneously horrible and terrible situation ive ever heard of. He asked for 'a lawyer, dawg' which the cops argued was a request for 'a lawyer dawg' which there are none ofc so the cops ignored it. The cops won. 😢
And he did the lawyer dawg story too. Yurp. It was hideous.
Just goes to show the courts will contort themselves into knots to find any excuse to rule in favor of the police.
Well, there's always the Shaggy DA....
Lawyers, Judges, Cops ... Where does corruption end?
I agree with that ruling. These are serious matters which should be conducted in a serious manner. "I want a lawyer dog" is not serious. "I am invoking my 6th amendment right to have legal counsel present during any questioning." Would be impossible for the cops to wiggle out if.
Get attorney shield apt on your phone, you will have a lawyer in less then 30 seconds who will handle everything with the cops
It's cheap, and everything is recorded for your records.
I got it for me my wife and 15yrold
@Are_Guy936 great!! Why don't you have it with the family plan?
How much?
@tonyb-50 it's cheap, I think like 10 dollars a month
I'm challenging you on being required to have an ID as a ticket-holding passenger on an airline. To my understanding, the TSA has "policies" requiring ID, but there is no law backing that up. Phil Mocek proved this in 2009 and the subsequent trial in which he was found not guilty on all charges.
Unless you are a migrant then you can just bypass the TSA all together
@@michaelshepherd733 Oh, that too!!
Having a ticket doest require you to show I'd. However you can't use the ticket without going through TSA security. So really it's the same difference.
@@K162KingPin So, the right to travel anonymously has been effectively nullified with a mere written policy by a nameless faceless bureaucrat?
@@Alaninbroomfield You have the right to travel anonymously, just not on a plane or when operating a motor vehicle on a public road.
when pigs say "you don't need a lawyer" .... YOU NEED A LAWYER 100% !!
200% need
"I invoke in their entirety...my 4th , 5th and 6th Amendment Rights. LAWYER! NOW!
There is no trap. Never talk to the cops without a lawyer. Say I'm not talking to you without a lawyer. Period.
I'm making a credit card type thing for my wallet that will have all the legal phrases listed in case I need it, I think it would be a cool idea as a product to sell them to the people.
Multiple people have already done this. I got one from a pen and teller show about 20 tears ago for use in airports against TSA. It was even made of metal so it would trigger the detector and they would have to look at it.
Chili has a great one!
First response should be, Am I under arrest?
If No, just leave.
You can be detained, but not under arrest.
@
Yes, but, the difference between a detention and an arrest is. An Arrest you are not free to leave. A Detention, you have the expectation that you may leave at any time. This is something they don’t teach the general public.
@@billcook4768 If you feel you are not free to leave, then you should feel you are not free to talk. Simple as that.
So you can just leave a traffic stop, if you’re not being arrested?
@@tonyb-50
If an Officer has probable cause of a violation to effect a traffic stop. And justification for a ticket. Technically you are being Arrested for that infraction or crime. If an Officer can’t articulate the reason for the stop. And is just fishing. Then that falls dangerously close to an Unlawful Detention. Citation/ Ticket and release is an Arrest and Release with a note to pay fines or appear in court. Severity of the infraction/Crime, greatly affects your 4th Amendment Right. And if you’re not being Cited and Released, but rather are being hooked and booked. Everything in your vehicle is going to be search. If not related to the crime. Simply as property inventory if your car is being impounded. Where that leads is in the hands of your good or bad attorney.
There is only one answer to every question cops ask, "I want an attorney present for this interrogation." Always film the police.
@@forafreeamerica767 attorney is gov agent of the government, person signed WILL PROTECT , HIDE & LIE , make sure is lawyer
I've seen several videos where cops put their foot in the door when people try to close it. How is this legal and what should the home owner do?
Step away from the door & ignore them. Never open it in the first place.
If you shut that door with the cops foot in it . now you assaulted a cop😢
@@williezar2231 court has ruled no warrant no foot in side or it’s a CONSTITUTION VIOLATION , tell cop it a violation & lose immunity. AND ALLWAS RECORD COPS SHOW FOOT IN DOOR WAY
Point your second amendment at your door frame and inform the officer that you are about to redecorate. J k. This will almost certainly get you murdered.
You should have already been recording. If not start immediately. Once recording inform the officer that you did not give them permission to enter your home and formally demand that unless they have a search warrant that they exit your property immediately. They will refuse. Probably claiming that they have not entered the home. To which you reposed "You have illegally enter my home and the curtalage of my home. Now you are trespassing by refusing a legal order to vacate my property. I am calling to police to come and arrest you."
Then call the police and request to speak to their captain. Explain that his officers have illegally entered your home without a warrant and that unless he wants to be included in the federal lawsuit against his officers that he had better have them retreat immediately. You don't need to even tell the captain your name. Just the address. Don't let him bait you into a conversation. Just hang up.
Give it 2 minutes. If they are still on your property call 911. This helps create a trail of records the police can not easily disappear. Report that men claiming to be police have invaded your property without a warrant. That they entered your home without consent and that they are still trespassing and refusing to leave. Again you can simply give your address.
Give it a couple more minutes then call the FBI. Explain the situation. They are unlikely to intervene directly but again it's about creating records of the incident that the local police can't delete or manipulate.
So police officers violate peoples rights willfully. It's kind of the opposite of protect and serve.
Yes. They are what our constitution describes as domestic enemies
Arkansas is a bit of a weird one when it comes to Stop and ID. It ONLY applies to the specific statute of Loitering and Prowling. Only if the cops have RAS of that specific crime, otherwise one has to be lawfully arrested before required to ID. The law is even ambiguous when it comes to Loitering and Prowling, because it says MAY, not SHALL, and that it's only ONE factor in determining Probable Cause.
I’m a union Stewart, and I say that exact same thing to my members! Management likes to say, “hey can we talk?” I can’t tell you how many times I’ve heard, “I thought we were friends” or on “good terms” so I didn’t ask for a union rep. I always say, they are not your friends and they’ll never will be. Ive sat there requested a union rep being one myself. They were asking me questions, I was playing a drum solo on my knees. I know it’s not as intense as the cops, but it made me laugh. 😂😂😂
You always put out good information 👍.
He does do a good job
Thank you for the information!
When in doubt, ask for a lawyer and stay silent.
When dealing with cops you should ALWAYS be in "doubt"....
I am in law enforcement, and I TOTALLY AGREE with everything you say in your videos!!! Keep them coming!!!
Thank you! Will do!
I want a lawyer dog. EDIT I typed this before he brought it up. Glad he did.
Lawyering up dose not make you guilty it makes you intelligent.
Would it be legal to answer the questions with non sequitur answers that are truthful?
"Where were you Friday night"
"Lol I remember I had a huge crush on my 4th grade teacher."
Legal? Sure. But it can’t help you and it can and will be used against you. Better to just assert your rights, STFU and keep STFUing
Thank you for educating US citizens about their rights.
Love the channel!
This attorney needs to watch more videos.
Cops ignore the questions he advises us to ask and continue to make their demands (or requests that sound like demands) or launch into implied or illegal threats or hurl insults or become snide/sarcastic/derisive in order to provoke negative emotions that make mistakes more likely and then use normal emotional responses as a pretext for proceeding to the next abusive thing they want to do to the victim.
You might also mention that though police must be "able" to articulate reasonable suspicion" of crime to support a detention or ID demand, they are not required to articulate it at the time of the detention or ID demand, but only when they write a report, e.g. after an arrest. Thus, all these auditor demands for police articulation of the basis for their RAS go unanswered and this is not a basis for citizen refusal of the demand. And not recognizing this limitation on officer's obligations to express RAS causes numerous people to be arrested for "obstruction" for failure to ID. This is part of police authority to not disclose the basis for their investigation while it is ongoing. BTW, at least in the context of a traffic stop, I hate this state sanctioned manipulation by officers though some states, like California now statutorily require police to tell motorists at the commencement of a traffic stop why they were pulled over.
Maybe if cops weren't so dishonest, they wouldn't have gotten that law shove at them. Bad choices can have undesirable consequences.
That's why they should pay attention to qualified immunity abuse. They can lose that protection, if they honk off enough people.
While technically true I've never seen a case were charges against a person for refusing to ID because the officer wouldn't even articulate reasonable suspicious were upheld.
In fact ive seen many were such charges were dismissed even after the officer offer their RAS and the citizen destroyed their reasoning.
For example one I saw recently. A man was stopped by police who demanded ID. Their RAS was that the man was in a high crime are. He refused to ID stating that he lived nearby and that simply existing near your home couldn't be considered reasonable suspicion of a crime.
The police then asked were he lived which he also refused to answer stating that as they had no RAS he was under no legal obligation to tell them even were he lived.
The police persisted claiming that of he could prove he lived nearby it would satisfy their suspicion. Of coarse to do that they wanted to see his ID. The man again refused stating that even if he didn't live nearby he could have a friend or other legitimate business in the area. Again he stated that there would be no "reasonable suspicion of a crime" associated with a person visiting their friend".
They ended up arresting him for failure to ID. His charges were dropped. He filed a federal lawsuit and ended up settling for several tens of thousands. I forget the exact amount.
The one that gets me- Law enforcement can lie to the public, but it’s illegal to lie to law enforcement. When they can’t lie we shouldn’t be allowed to lie. As long as they can, we should be allowed to
"Come on man!" 😆
The good news is that Contra Costa County, California recently paid 8.4 million dollars for a false arrest. If you are the victim of a false arrest, plan on getting an 8.4 million dollar payday.
Contra Costa has A LOT of expensive real estate!
They had a judgemental against them for that amount. It is incredibly unlikely that they actually paid even a single penny.
Helpful phrase ‘I don’t agree’. Useful in court as well when addressing the judge. Key to police interaction is they don’t have to tell the truth, in fact, they can lie without any consequence, however if any phrase you utter can be mistaken, it will be. That should tell you all you need to know. It is always better to have a third party speak in your behalf like a lawyer. You can later say they were wrong and or you do not agree with what they said.
Not only lie without consequences but they ARE TRAINED to lie to us...
Next you asked for a lawyer but not an attorney.
YES a lawyer is to protect you , attorney is to save & protect the government, their sign it to LIE IF THEY ARE AT FAULT
If you're a commercial driver, unfortunately, you don't have the right to refuse a field sobriety test. You can lose your license over it. I think it's stupid because you can have bad balance, trip and fall and the cop can go, "I guess you're drunk then," Then it's an uphill battle to prove you were sober. Thankfully, this hasn't happened to me so far.
7:32 Cops can arrest for failure to ID, but only if they can articulate reasonable suspicion of a crime to legally detain you. So, question: Is that only in court where they have to articulate a reason for detaining you? Or, do the cops need to articulate to YOU at the scene why they are supposedly legally detaining you?? (I’ve read that they only need to articulate their reasoning in court.)
Thank you!
Everything I’ve ever read says they don’t have to articulate to you. But I am not a lawyer…
Law enforcement should not be allowed to lie.
"I'm going to talk to the cops and straighten this whole thing out."
Big mistate
me "I exercise my right to remain silent and I will not answer questions without my lawyer"
them "why do you need a lawyer? Do you have something to hide?"
me "Officer, you just asked me 2 more questions after I told you I won't answer without a lawyer. You just violated my rights."
When I was 20 I was harassed by an officer because I walked at night from my downtown apartment to 7-11 for a slurpie. I was wearing jeans and a t-shirt. He accused me of being a 'working girl' and was demanding an ID, which I honestly didn't bring cuz I was WALKING 3 blocks for a drink, plus I'm from WA and that's illegal. Had to ask for his supervisor, at which point he drove away without giving me his badge number. But he never did bother me again.
🛑You should partner with Black Attorneys and other minority parents to produce a legal version of the "Talk" which tells you how to handle police encounters when you are an ethnic minority in the US. Im sorry, but asking "white" cops questions, even when done respectively, usually leads to being pulled out of the car and roughed up. Denying the reality of the situation is as dangerous as going in blind to your own rights.
I think so-called black attorneys can handle the law.
@GETole Obviously, but it's not their show or platform. The partnership is an opportunity for both parties to think tank together and explore the reality of police/civilian encounters in the US.
Thanks again attorney Hampton,more information absorbed from your fountain of KNOWLEDGE, THANK-YOU !!!
Thank-you for the fountain of knowledge and expertise, Happy Holidays
I'm just not going to talk period. I won't even enter one of those rooms or answer the door.
I need a lawyer dog. Woof woof. Love it.
I totally agree with the law. I'm tired of all this niceness when clarity is called for. I just watched a TH-cam video of a judge ripping a layer a new butthole because at the prior hearing she TOLD HIM, "Please get a transcript." He did not get the transcript for the new hearing. I believe she should have ordered him to do it, not "request" he get it with a "please."
"I am invoking my right to remain silent and my right to have an attorney present during any potential questioning." Is what you are now required to say the way I read a court which has completely gone off the rails in every possible way's most recent ruling.
BUT THEY WILL MAKE IT A REASON !!!😮
After watching many many interactions - of people trying to withhold ID, is to make the cop "Demand ID or be arrested", then give the cop your ID and state "under the threat of arrest, I am providing my ID"...
...then take the cop to court.
But the cops don't have to articulate it to you.
I had an officer tell me he needed my ID because he made contact with me and he needs it for his report. I felt if I complained I would go to jail; so I give it to him.
You have a right not to turn over ID. Cop has the ability to ruin your entire day. It’s up to you to choose what to do. Me? I’m turning over my ID, but it’s a person decision.
@@billcook4768 Thank you
I want a lawyer dog. -lehto law
If you are refused a lawer, you still have the right to remain silent
You DO NOT have to carry an id or driver's license if you are driving. You only need to know your license number or just give them your name, address and date of birth. They can look it up. Hell, they know before they pull you over ( if the owner is driving)
Yes you do
Every state is different, but since you are in CA, you should read 12951 (a) and (b) of the CA Vehicle Code.
When a cop says you DON'T need a lawyer.... You NEED a lawyer....
You are NOT entitled to a lawyer at a traffic stop! You are required to provide your ID, but after that you don't have to answer questions! What is all this nonsense about standing up to the cops!? Maybe you should just comply with the law and be a good citizen! If we make the cops our enemy then society is lost!
First sentence in Miranda..."you have the right to remain silent"
Use it, with the exception of the claim use of Constitutional rights to remain silent and request a lawyer present.
I don't want to forget to ask this question:
You always say that the officer has to provide reasonable articulable suspicion. Which if I understand it correctly means he has to be able to describe the crime that he believes is happening or might happen.
What I've never heard you say is to whom he has to say those words.
Does he have to say them to the person he's detaining
Does it not come up till later if it actually goes to court?
Does he have to put this on a police report?
I hear this so much that they have to say it. But to who exactly?
Hoping you could shed some light on this.
RAS, reasonable articulable suspicion is used to determine probable cause. It is something a Judge would use to decide if you will go to trial. Of course, you may demand the officer explain their RAS to you, but, at the end of the day, just keep your mouth shut and be civil, without speaking. Let them be the criminals. They do have good training to trick you but have no training to deal with knowledgeable citizens going off script.
@craigcowen6920 I appreciate the answer but it doesn't exactly address my question.
Based on the philosophy that a suspect is innocent until proven guilty, the police should not be allowed to question someone unless they clearly waive their rights.
A cop telling you that you don't need a lawyer sounds like a violation of your civil rights.
The correct response to "we know what happened so why don't you tell us your side of the story" "well if you already know what happened then you don't need me to tell you anything"
You can stop police questioning by refusing to answer questions without a lawyer. At that point all questioning must stop. Cops failure to end the interrogation is a violation of your constitutional rights.
Demand an attorney and repeat the demand as the only wnswer you give to their questions
Remind the cop you have a 5th and 6th amended right. You do not have to be a lawyer to know you have rights
Never say a word except I plead the 5th can't incriminate yourself if your silent don't even look at them..
This is why we have the Attorney shield app. It's an app that will put you face to face in video call within 30 seconds of hitting a button
They won't allow you to make a call. Let alone record anything.
@spyder001 that's literally not true. You should already be hitting the button before he even gets to the window. I use this app and it's actually gotten me out of even getting a ticket
@j-cuts9396 i have seen a few of the videos where it's been used.
Looks interesting.
But the attorney shield app, will open up a few questions and policies.
Changes that need to be made.
It’s always amazed me how bent out of shape they get when you let them know that the simple fact that they can legally Lie to you means that you’re going to consider Everything that they say as a Lie.