@@johnjerman3421 Reasonable suspicion only grants an officer permission to perform a "Terry stop", which is also known as a "stop and frisk", Police need probable cause to conduct a search and or an arrest. At least that's the law in NJ.
Thank you for this! 1) Police officers are allowed to lie 2) Unless you have been arrested or detained, you are free to leave 3) The police need probable cause to arrest you 4) You have the right to remain silent, so, by all means, do - until your lawyer gets there.
She is right. Don’t just assert your right to remain silent. Make sure to say “I want to talk to a lawyer.” That triggers more rights, forcing the cops to cease all questioning.
In theory but in many cases they ignore you and or won't allow you to speak to a attorney! An example is getting pulled over for assuming the driver is under the influence. In many states you'll get arrested, possibly car searched, and then forced to give a breathalyzer. You can refuse BUT you'll lose your license for a min a year, be fined, and stay in county jail. If you're a typical citizen there's no option as you can't lose a license and or afford the fine. On the flip side if you take the test, you may be charged with a DUI but often you can get it dropped if you don't have a history, take classes, and only lose your license a few months or less. You need to pay something but it's way less. I'm not sure about all states, but many allow police to keep you from a attorney until after you decide. This is one example.
Recently some courts have said that you have to actively invoke your right to remain silent. If you don't the cops can interpret your behavior in any way that justifies them serving and protecting the shit out of you.
Yes they have immunity, cant keep bullying you claim this & that all the way to full abuse, forcing a survival instinct. But best in many cases. One lady tried being cool *Rich Lady Thinks Laws Don't Apply to Her Because She Donates* but too much triggering for abusive ego cop.
@@semimba where I worked, it is a right to work state and non union, IA investigations are internal investigations, an officer does not have the right to not answer questions or have a lawyer present during questioning. If an officer refuses to answer questions, you can be terminated and that happened many times.
I've always been [and still am] a Law & Order sort of person. HOWEVER, after sitting on a jury in a criminal case, I quickly came to the conclusion to NEVER, EVER, willingly allow the police to question you without a lawyer present.
Another thing to note is that "Anything you say can and will be used AGAINST you." It cannot be used to help you, therefore there is no incentive to speak to them beyond what is legally required.
Actually, this is not entirely correct. The role of the police is to gather all evidence. Both inculpatory and exculpatory. Could be evidence of guilt or innocence. Television does a poor job of informing the public of the realities of police duties.
Even if a cop asks if the address on your license is current; your answer should be the law REQUIRES IT BE CURRENT. If you answer no, it’s changed…. Ticket!!!
What somehow nobody understands is, this extends not just to speech but any and ALL information you give them, i.e. "Drivers" license, registration & proof of insurance. These are all proof of contract that you have signed up to their Color of Law Administrative system, outside of constitutional protections... NONE, absolutely not one, of the "courts" are true judicial courts of law, formed and proceeding under the authority and within the limitations provided by Article III of the federal constitution. They are ALL kangaroo courts of fraud. Administrative offices run by the BAR Association crime syndicate under color of law. And you have no duty or obligation to comply with any of them.
@@vallee7966 “I already told you that I invoked my right not to answer questions without an attorney present, you shouldn’t be continuing the interrogation, as this could be construed as a threat, especially since I just finished fucking your mom…”
As a retired cop I would say this is the BEST advice you can have. You do not have to agree, nor cooperate by giving them any of your information for their bias reports. Make them do there job, and find out that information. And yes police reports can be written with bias.. But our law enforcement problem can be addressed with term limits for all elected officials. These Politicians that don't change (sheriff's, chiefs, mayors, ect) but they like to blame the line officer. Turn over at the top is what's needed, in the court system too! Time to move these old people/ideas outta here! Term limits for all
"Turn over at the top is what's needed, in the court system too!" - you have to know about conceptual power. "Conceptual power is the power of ideas that have dominated human society for thousands of years and the power of people who are able to generate such ideas. It is the highest intra-social type of power out of 5 existing ones: conceptual, ideological, legislative, executive, judicial. Conceptual power: - recognizes factors affecting society - introduces them into his system of stereotypes - forms vectors of goals in relation to each society - forms management concepts for achieving development goals It is autocratic by nature and ignores the "democratic" procedures of society, which do not see and do not want to recognize its autocracy." It means no turn over at the top (legislative, executive, judicial) helps. You have to target the eye (conceptual power) above the pyramid on a one US dollar banknote.
I have a standard procedure I use anytime I'm approached by a cop now. As soon as they say a word, I immediately ask if I'm being detained. If the answer is no then I immediately attempt to leave. If the answer is yes, if they refuse to answer, or if they stop me when I attempt to leave after being told I'm not being detained; then I say "I'm not interested in having a conversation. I am invoking my right to remain silent and will not be answering any questions without an attorney present". And no other words come out of my mouth, period. If they continue to press things and demand my ID and insist that I have to answer their questions or whatever then I turn around and present my hands behind my back. Anything you say outside of that can only hurt you. Every single question a cop asks you has the solitary purpose of establishing probable cause to arrest you.
This is the advice lawyers WILL NOT tell you. Every detainment IS an arrest. An arrest/detainment starts 4A protections and 5A has to be invoked. Just like this video, lawyers will tell one to comply and cooperate. Well, that just started the contract.... The contract to presumption.
Nothing makes a cop angrier than your refusal to cooperate with his demands. I never talk to cops about anything. I don't want their assistance and I don't want to help them do what is their "so called" job. Cops are crooks in uniform.
What's truly sickening that you actually have protect yourself even from police. The way that some of them act, it's clear that they are no better than criminals.
Retired LEO here. She's spot-on w/this advice and I've told people this repeatedly, even though they look at me like I'm crazy. Sorry, but some of my fellow LEOs are NOT to be trusted. If you're in trouble, STFU and demand a lawyer.
This is it right here. People need to understand that police aren't talking to you because they are trying to solve anything or figure anything out. If they are talking to you, they think you did something and are trying to get any bit of information out of you that will help them arrest you. Period. In short, if police are talking to YOU, they think YOU DID IT.
I was at a Sunday Orioles game. Nice chat with the guys next to me. Then they say they are county police. End of conversation. Moved away to different section. Sorry, not sorry. This was not how I was raised; police actions (and inaction) brought this about.
Not entirely true. Though the only time it is likely to benefit you is if you have been pulled over. Being polite can get you off with just a warning. But even there it may be cheaper to just eat the ticket than to talk yourself into an arrest.
Speaking from the UK perspective it's the same. They want results, ie they look for easy arrests/charges for often petty things. The last thing they want is to takle serious criminals. They have also become politicised, policing people's opinions. One poor woman recently got arrested for silently praying a couple of hundred yards away from an abortion clinic (which wasn't even open for "business".). No normal person wants to be a police officer so the recruits are often the last people who should be a police officer. That results in them preying upon members of the general public to get their "numbers up". And that's why they have lost respect, trust and caused us to be unwilling to interact with them.
An important thing that most people don't know is that the police DO NOT have to mirandize you unless you are both [1] in custody, and [2] being interrogated. On TV and in the movies, the police read you your rights the second they start to arrest you. That's not how it goes down in real life. In real life, they *don't* mirandize you when they arrest you, unless and until they start questioning you. That way, if you spontaneously blurt out anything incriminating, they are free to use it against you because even though you were in custody, they weren't questioning you. Likewise, the police can question you all they want without reading you your rights if you're not in custody. If they come to your house...stop you on the street, whatever...they can ask you all the questions they want, and they don't have to mirandize you. So it's up to you to remember your right to remain silent. (And of course, _use it!)_ (And by the way, to be legally safe, you should explicitly invoke the 5th amendment or the Constitution. For example, "I'm invoking my 5th Amendment rights," or "I'm invoking my constitutional right to remain silent." That way, the prosecution can't use your silence against you later in court.) And even innocent people should know that it's always best not to answer questions. You have no way of knowing what kinds of info or statements that seem perfectly harmless and innocent can turn out to be incriminating later. For example, you might admit to not liking someone -- which by itself is no crime -- only to find out later that the person turned up dead. Whoops -- you just incriminated yourself (gave the police a motive) without even realizing it. So remember: the _Miranda_ rules only apply if you are in custody *and* being questioned. Unless *both* conditions are satisfied, the cops *don't* have to to read you your rights. So you need to know them beforehand.
I was stopped and told to pull over by a couple of motor cycle cops one mornings . They had a radar gun pointed down the street . The posted limit was 25 but the sign was further down the road from where I entered and slower than the side street I had entered from . ( I was new to area) The road has no parking either side , and has a double yellow down the middle . Buses and trucks use the road and it's as straight as an arrow. one other detail . The vehicle I was driving had been to the shop the day before . From a stop it would stall, sputter and shake when you gave it gas . My reaction was to give it more gas to keep the engine from quitting . The car may have accelerated for a moment over the posted limit. Here is my dumb comment to the cop . Cop;" Do you know why I stopped you ?" Me; " Is this a sobriety check point?" Cop ; " Have you been drinking?" Now we went down that route . Anything you say can and will be used against you in a court of law. I was written a ticket for speeding and sent on my way . I thought I could win in court , The Judge said; " let me be your lawyer. " (The officer is casually sitting in the big window sill , one leg up , one leg on the floor) " Officer , how did you detect he was speeding ? " Cop; " With a model 2752 radar gun your honor." Judge shrugs and say ; Ah but was it calibrated ?" He looks at me like we got this one and shows me the thumbs up. Cop ; "It was calibrated that morning with a tuning fork your honor to a frequency that indicates 55 MPH." Judge looks at me and say ; " Pay the Speeding fine Mr Smith." The reason I was on that road was to drop off some metal at a scrap yard because I was broke. Cost me $50.00 and a day off from work . The kid before me had stolen a car , resisted arrest , was unlicensed and a seasoned criminal and was threatening everyone in authority with death. Don't know what happened to him.
@@jamest3552 That's an excellent question, James. And for _Miranda_ purposes, the answer is "no." As you know (because I said so at the top of this thread), the police must "mirandize" you (that is, read you your rights) when you are in custody and being interrogated. So then the question is, what does it mean to be "in custody"? It means having been formally arrested or "deprived of freedom to an extent associated with formal arrest." But a mere "detention" (a temporary deprivation of your freedom to leave) would not trigger a requirement to give the _Miranda_ warnings. So an ordinary traffic stop, for example, would *_not_* require the officer to read you your _Miranda_ rights. _(Berkemer v. McCarty,_ 468 U.S. 420 (1984)) The courts have refused to tell us exactly where the line is drawn, which unfortunately is something they frequently do. But that's the gist of it. So the important takeaway here is that you must know your rights, because you can't count on the police to tell you. Hope that helps.
@@tellmywifiloveher8225 Definitely the most effective way. 🙂 *But not 100% effective.* Innocent people sometimes *_DO_* get arrested. And when that happens, they need to know that talking to the police will *_not_* help them, and can even hurt them.
Good advice. You have the right to remain silent at all times. One’s Fifth Amendment rights don’t “kick in” when they Mirandize you. No. You have had those rights all along. And, silence IS the best defense.
@@davidbaca7853 Yes. Any questions should be politely declined to be answered, by invoking one’s Constitutional Rights. Then, silence. There is no obligation to help them investigate. Especially if they’re investigating YOU.
As pointed out, it’s always best to verbally invoke your 5A right from the outset, state you refuse to waive your right to not answer questions without a lawyer present, and that you are invoking and refusing to waive all your other rights as well. Don’t remain silent. Just don’t answer questions or make statements. ASK questions, like: 1. After verbally invoking your rights, ask them to articulate their name and badge number. If they refuse, mumble, give you one, point at their tit, or otherwise reply with anything other than their name and badge number point out that they have refused to give you their name and badge number as they are required to do, demand a supervisor on scene because you have a suspicion this person isn’t a police officer. A police officer would follow the required identification policy. Point out again that they have been given an opportunity articulate their name and badge number and are continuing to refuse. Even though you have zero intention of having a conversation, answer any question with “I’m not going to have a conversation with you because you’ve refused to verbally identify yourself by name and badge number…” Move to #2. 2. This is not a consensual contact, am I being detained? (If they say no or refuse to answer, walk away and say “this is not a consensual contact, I’m breaking contact and walking away unless you tell me I am detained”. If they tell you to “stay put”, “hold up”, “hang tight”, “sit down”, or any other way they want to detain you without verbalizing it so they can later claim you weren’t…”I’m not following any requests or unlawful orders if I’m not detained. This is not a consensual contact, I’m breaking contact and walking away unless you tell me I’m detained…” 2. If they tell you you’re detained, STOP, and ask “since you’ve told me I am being detained and not free to leave, articulate the facts which you believe would give a person a reasonable suspicion that a crime has taken place, is taking place or is about to take place, as you are required to do…” Let them talk here. Do not interrupt them as they either fail to provide the RAS they are required to in order to make it a legal detention or they create a record and establish the grounds for the stop which they are now locking themselves into for your lawyer to use against them in court, and which they cannot make up after the fact without contradicting the RS they articulated at the time of the stop. The information the police volunteer are powerful weapons in your defence. Do not answer questions, do not volunteer information to be used against you. They have to, especially when you ask them questions they are obligated to respond to or they’ll be in violation of a procedure or policy. You don’t have to. So don’t. Aside from conveying the general information as clearly and quickly as you can-you invoke/do not waive you 4A, 5A rights and every other right, that it’s not a consensual stop and you are breaking contact unless they articulate you are detained, that you have demanded a supervisor and their name & badge number, and that you will not resist any arrest-lawful or unlawful. Give them nothing. Give them nothing but rope.
@@martinbrown1215 That is a ridiculous statement Obeying the law by itself does not give you total protection from police. I don't know what is wrong with you and people like you that can say that when a lot of evidence proves you wrong.
I've had police officers tell me these same exact things. One of the most common themes in these talks they've given is that "People have the right to remain silent, but most people can't."
As comedian Ron White once said, regarding his own arrest (for being drunk in public or some such), "I had the right to remain silent, but not the ability." 😂
In 2008 I was in a catastrophic motorcycle crash, one mid-morning. While the emergency services were racing to the scene along with a medial helicopter….I’m bleeding to death, femoral artery torn and my leg from hip down crushed, and more ….getting to the point ….a cop pulls up, walks into the field where I’m about to die says. “You were speeding weren’t you?” “Tell me you were speeding.” Now people I’m out of my mind in pain at this point, however because of my background around authority figures… I told the cop, I’m on the phone with my wife saying goodbyes. I’m all geared up fortunately full face helmet, riding boots, totally the best of the best which was always the way I suited up… the cop still insistent asking… knew I wasn’t going to converse with him. Did say , No I wasn’t, once. He takes my phone, and tells my wife “if you want to see him you & family better get to whatever hospital he’s airlifted to if you want to say goodbye.” If I wasn’t in so much pain while lasting for months, after multiple surgeries, years of physical and physiotherapy. Never mind. My goal was to be in the saddle again, and I did until 2018, hit hard and still remained quiet on the street until emergency vehicle showed up. Wife went down hard in 2010, she elected to get hospital and not call the cops. We’ve had retiree cops tell us don’t talk cops.
Wow, walking up to you when you're down and bleeding to ask you questions or (in this case) TELL you to confess to something. That's some cold-blooded shit there.
0:23 #1: Police officers can LIE (Yup.......our justice system may be based on the Ten Commandments but...) 0:45 #2: Unless you have been arrested or detained, you are free to leave. Always, always ask if you're being detained. 1:02 #3: Police need probable cause to arrest you (But remember #1 above: They can LIE to you and tell you that they DO have probable cause). 1:30 #4: You have the right to remain silent (UNFORTUNATELY, according to the ruling in Salinas v. Texas, YOU MUST EXPRESS IT. That is, the words "I wish to remain silent" MUST come out of your mouth!).
What she's not saying is that if you tell the cops you are going to remain silent and want a lawyer and if you are being "detained" for whatever reason they will leave you all alone in that little room FOR HOURS with nothing to drink and no bathroom breaks. They have their little passive aggressive things if you aren't giving them what they want.
@@tonya--7704 That's exactly right! If you're not willing to put up with that then SUCK IT UP and give them everything they want. Otherwise, good luck finding a lawyer with the guts to go against the police.
They can lie about more than that. I was a victim of an assault that could never be proven. After a long consideration, I decided there should be a record somewhere. I didn't want to attempt to press charges, but I did want something on file, in case something worse should happen. They said they would take such a report and only keep it on file, and not follow up with the perp. There was absolutely no way anything could be proven, follow up would only put me at greater risk, and impede the steps that were already in motion, for me to get away. I explained all of this first, my report was conditional on their assurance. 2 minutes after the report was complete, they were on their way to question the person. All it did was make matters really bad, and slow down and make much more difficult, my extraction from the situation. Sadly, they will lie even if you are a completely innocent person, not even suspected of a crime.
I once had a Sheriff's deputy stop me outside of child visitation and try to serve me with papers. He asked me my name and I politely declined to give it to him. I wasn't driving or anything, I was walking. He was pretty mad.
They're allowed to lie about Evidence only? I was under the impression that they can lie about whatever they want. I've seen them lie about laws and what they saw the person do, and flat out lie on the stand.
Definitely do say ‘I will remain silent, I claim the 5th, or something’ You do cause problems for yourself if you don’t communicate that you are staying silent. And, like she said…. Remain silent from that point on. It is amazing how stuff has changed, and increased in these regards lately. Their ability to lie to us is honestly baffling!
You don't have to say it. I watched a lawyer go through a DUI checkpoint without saying a word. They asked for license and registration and he gave it to them and never once did the lawyer say a word. They asked did you have anything to drink? Where you coming from? Do you have any weapons? The weapons one I think you do have to answer if you do but if you don't you don't have to answer. He was free to go
@@natas12rm If you have a concealed weapons permit, generally it is part of the permit to inform the police if you are carrying. I've been asked when on a bogus stop because I didn't want an employee of mine driving to a local bar because I knew he'd already been drinking... and I drove him there in my bashed up 76 Amc Pacer which I usually got pulled over in every Saturday leaving work because the local cops figured I must be their first DUI from the bar located right behind my repair shop. After a month of that bullshit, I called the cop out on it and told him that if he did it again, I was suing the department... never got pulled over again by them.
Not necessarily, sometimes it's good to let them talk while remaining silent. It lets you collect info, while you deny them info. All info you gain is good, even if it is knowledge of the fact that they are lying.
I have an ongoing case right now where when the Sheriff came to my door to question me. He asked me if I knew why he was there. I didn't know and told him so. Then he told me what had been said and he wanted a statement from me. I said I do not talk to Law Enforcement Officers without my Attorney present. He then said if I did not talk to him, he would arrest me right now. I still refused to talk to him and was arrested and taken to the jail, where I was charged with a misdemeanor. The Prosecutor told me if I would plead guilty to a minor misdemeanor, he would give me no jail time and just a fine of $500.00 in the plea bargain. I refused to plead to something I was not guilty of, so he raised my charge to a Maximum Felony that can get me life in prison if I lose, all because I would not play ball with him. I know that 98% of all charged crimes result in plea bargains, but I wasn't guilty. So now it has been a year and they have postponed the trial 4 times. In the meantime, I am under restrictions that had nothing to do with the crime they charged me with. I think they keep putting it off because they know they can't win, as there is not a shred of evidence, just a she said, he said. I'm wondering if I win, can I then sue the cop for violating my rights to not talk to him?
I grew up in a LE family. Dad was chief of police, grandfather was chief detective. All my uncle’s cops. My older brother a state trooper. Believe me when I tell you, the police are not your friends. They look At anyone who isn’t LE as the enemy, trash, another perp. I heard every derogatory name in the book growing up. And lie? Holy shit, they lie like it’s normal. Get everything in writing if you’re ever in an accident. And whatever you do don’t open your door unless they state they have a warrant! Because if you let them in, they’ll find probable cause to do a complete search. Are there good trustworthy cops? Absolutely. But for every one good one, there’s 10 crooks
By the looks of your ignorant comments, none of you actually know what qualified immunity means. Rather than going by what you hear on TH-cam or shouted by blm types, maybe you should go research the actual meaning of the term and conditions as to how it applies to Law Enforcement and why it is necessary. Until you have robots employed as cops, it will always be necessary.
Read the definition. It has nothing to do with your rights. If the officer breaks the law, it goes out the window anyway. “qualified immunity protects state and local officials, including law enforcement officers, from individual liability unless the official violated a clearly established constitutional right”
I once got pulled over by a police man and he asked if he could search my vehicle. I refused and he proceeded to search saying that I gave him probable cause by refusing therefore I must be hiding something.
@bobsacamano7653 many times cops will lie to you and tell you it's enough or just plain out not know because they were trained wrong because civil law is not part of their training (even though it should be)
Great advice! I tell people the same exact thing. That one about remaining silent is a golden one. Just keep your trap shut and ask for a lawyer. Tell the police- Nothing! In the end, you will be glad that you did. Real talk! Peace.
I got the cops called on me because the A hole upstairs said I was making too much noise with my surround sound. Been here 25yrs, no one has ever complained. He has been here like 3 weeks. And he calls cops on me for the first time in 25yrs. Cops come and knock on my door-NO doorbell. And they cover my peep hole. I know it's the cops because I see 2 cruisers out front and I can hear their radios. Why cover the peep hole? I yell-Yeah? They say-Let us come in, we just want to talk. Nah man, you got a warrant? and talk about what? Why you covering my peep hole view? One guy said-Come on, be easy, make this easy for you, We just want to talk and look around. For what? Then they stood around after taking their slimy hands off my peep view and said-Okay, just keep it down we don't want to come back out here. Why did they go about it that way? Like try to bully me into opening my door, for a "noise complaint" that didn't even happen. They didn't even hear my surround sound. I heard them say-There is no one here...
Had a school cop when I was in the 4th grade try to get me to admit to something I didn't do. I could have been arrested for vandalism and arson. Luckly I never missed an episode of NYPD blue and at 9 years old, I lawyered up. He questioned me by myself and tried to put the frighteners on me. He didn't know I was raised by an ego-maniac cop so his tricks didn't work.
When I was in 4th grade I seen the cops bring my brother home once and arrest him another time for having numchucks in his car (this was the 1970's). After observing this, I learned to run from the police. I was so good that I could hurdle backyard fences while running and be 5 blocks away while they were driving around the first block looking for me. Worked every time.
Supply ID only if legally required (Check your state laws for this one) to do so and then remember the following 2 steps: "I don't answer questions. I wish to envoke my 5A right." You have to actually specify WHY you won't answer questions. This bit is important in case it comes up in court later. "Am I being detained?" Follow up with "Am I free to leave?" If they dance around the topic, repeat the following 3 steps until they let you go. Never just walk away. And ALWAYS record it on video. Audio at the absolute least. Again, in a court room, cops are more likely to be trusted if it's just your word vs theirs.
@@stevep6317 I know law. I beat three RICO Charges representing myself. The US Supreme court Police-Citizen encounter judicial doctrine made it clear. You give them your ID
@@stevep6317 The bottom line is, even in so called ''Stop and ID'' states, the stop MUST be lawful. That means there has to be a valid reason, based on violation of an actual code/statute/ordinance or law.
1) cops can & will lie 2) if you’re not arrested or detained, you should leave 3) cops must have probable cause to even stop you. 4) remain silent, don’t answer questions 5) if pulled over driving, you have obligation for 3 things only; license, registration & insurance. Any other questions are not relevant to the detainment. You have the right to demand why you were pulled over & cop’s name & badge #.
As to your #3: They do not need "probable cause" to stop a person, they only need "reasonable suspicion", which could turn into probable cause, but not always.
0:20 yes, per Frazier v. Cupp the cops are legally allowed to lie in order to trick you into waiving your constitutional rights. But don’t fall for it. Never willingly give consent to anything like, “mind if I take a quick look inside your trunk?” and most importantly don’t answer any questions. Like “where are you coming from or “where are you going to”.
I did answer one time when stopped at roadblock by Pa State Police. I told him I came from thataway and moved my thumb back over my head. I then said I am going thataway and gestured with my index finger. I was arrested and taken to the station nearby but the Major in charge told the goon to return me at once and release me unharmed. They never learn..huh?
Those leading questions that cops use: have you been drinking, do you want to be arrested, where do you work, do you think I'm a joke? All intended to rattle you to say things. If you answer 50 questions, you'll eventually contradict yourself and be accused of lying. Just like lawyers, cops seldom ask a question without first knowing the answer.
@@Harkeilla Too much speaking. "I invoke my right to remain silent" followed by "I decline to answer questions without a lawyer present" if necessary. then clam up.
I live in UK but even though, I am sure, our laws are not quite the same, I found this video great due to its concise, 'straight to the point' nature.... Huzza!!
The most important thing to remember here, the right to remain silent. Most people have the right they just don’t have the intelligence. Don’t answer questions like Where are you going? Where have you been ?Just ask him amI being detained. Keep registration and proof of Insurance in a plastic bag.
The polite way to respond to improper questioning is "Does that pertain to this traffic stop?" And do not let them tell you it does and therefore what they say must be the truth. Police are allowed to lie because the SC ruled that police can lie to "we the people" and get away with it. Never trust them outright, let them earn it.
@@hook-x6f No, say NOTHING. Asking a question only draws you in further. If you feel you need to be polite say "I'd like to speak with a lawyer PLEASE." End of discussion.
@@tomsmith2013 And while what you say is legally true, it's also incredibly tone deaf because you would be antagonizing and escalating the situation. Most people just want to pay the ticket and be done with it, not go to battle over something stupid.
@@Cjohn31 yes they are, and many inspire to be cops for that reason. but the best thing to do is outsmart them, play to their ego, otherwise a trivial matter of nonsense will land you in jail, or at least tie you up for months in the legal process
Doesn’t it suck that police take an oath to defend the very rights you outlined, yet they stomp on them without caring one bit that they actually took an oath to defend them. That part makes me sick
They do that because they are operating for third-party debt collectors if they can get you into a contract of verbal agreement one way or the other it's all about the money the chess game in the courts it's all about the money
There are probably a million people sitting in a prison today that just didn’t know when to shut the hell up. I like when they ask you “ where have you been all day “ I always reply….. over your moms house, they get the point.
That's a good one! But then, can they mess you up for lying to an officer? I don't know the answer to that question. Because they've not messed *you* up doesn't answer the question, either.
You must live in some soft and proper area, just try that nonsense with the Tactical Narcotics Taskforce in the South Bronx. Masks and tape on their badges so you can't identify them, no marked cars and use abandoned buildings to hold you with no paperwork till they're done with you.
@@chrisreich40 The way I look at it, they have their job and I have mine. Their job is to hem me up and my job is to not say shit. On the real I don’t disrespect police officers, but I won’t help them in any way to put my ass in jail. I want to speak to my attorney, period.
@@michael5303 Been shot at, stitched up and another time stapled back together, and the icing on the cake was sitting next to a guy who took a full clip in the chest. Any other comments?
You can be arrested for anything and nothing at all. Establishing whether it was lawful comes later, if you can afford it. Police will even say "that's for the courts to decide."
My lawyer said you MUST tell the officer you want to remain silent and that you want a lawyer. If you simply refuse to talk at all they can continue to question you and do not have to offer you counsel.
I like watching interrogation videos. When someone is really great at it, it’s amazing to watch. But whenever I see them say “We have video of you doing xyz”. I always want them to say “Great, let’s watch it right now” This is assuming they are bluffing.
The state police interrogator kicked my foot and rubbed. His foot up and down my leg the whole time he interrogatored me. You won't see that on a video the prosecutor judge and police. Know he does that that is called Sexual Assault. In appropriate touching is Sexual Assault that is a Felony I guess. You think that is funny 4 and a half years and that pain is still there.
@@nobodi2840 There is video in every interrogation room. If that happened even under a table it would be obvious by his movements. Get an attorney and file a lawsuit if this is real.
@@nobodi2840 I'm assuming you're a female then? This reminds me of an instance where a police officer was "patting down" a woman as she stepped into the courtroom, and the cop "copped a feel" on one of her body parts. She called him out on it. He, of course, denied it. But since they were the ones in the authority position, they began threatening to take her daughter into protective custody unless she withdrew her statement. So she went ahead and withdrew her statement, then arrested her for falsely accusing the officer. The only thing that saved her was the CCTV security footage caught the whole thing, even the audio.
Well for starters I am a 68 year old white male I was 63 at the time. The prosecutor and my lawyer knew what went on in that room. I know that there was another camera in that room. They were going to protect the police the interrogator. For child services the detective and the predator who assaulted me. Sexual Assault is a interrogation technique used by the police in Arkansas. And they say that there is nothing you can do about it. But I am trying I know I am not the only victim of these people. All 3 statements are fraudulent and I proved it. But I wish that others would know and come forward. They deliberately do this to innocent people and. It is time for the truth to come about the corruption. In the Arkansas judicial system how they arrest and convict innocent people. On fraudulent statements send tens of thousands of innocent people to prison. According to the law decision made on fraudulent statements are void. A Civil Rights Violation I had a lot of time to read the law. There was so much evidence that was suppressed. In my favor it was unreal so I am not going to waste. Anymore my on a lawyer who is going to conspire against with the prosecutor. The Lord is with me and he will prevail in this.
If the cop asks you if he can search your car, you have the right to refuse. If he's asking permission, he doesn't have probable cause to conduct the search. Remember that. It's #5 on the list cops don't want you to know. #6--If a plainclothes cop pulls you over, you have the right to a uniformed cop. Tell him you want a uniformed officer, and he has to call him. He could be impersonating a cop. #7--If you're involved in a traffic accident and your vehicle is too damaged to drive, DO NOT ALLOW THE COP TO CALL A TOW TRUCK FOR YOU!!! The scoundrel is calling the impound lot to take your car and you will be charged a $100 a day while your car is in that lot. If your vehicle is too damaged, IMMEDIATELY call a tow truck to take your car home. Tell the cop when he arrives that your tow truck is on the way. This will block him from scamming you. A cop is nothing more than a con artist, criminal, degenerate, scoundrel.
As for the tow truck, you are miss informed. All tow companies are on a rotation list. If the person doesn't have a preference, the next company on the list gets the call. If it is impounded, it gets towed to the police yard. Otherwise you have the option to have have it towed to wherever you want. If it gets towed to the tow company's yard then storage is part of the tow bill. Storage is not an impound fee.
You are mistaken. After a crash that destroyed my pick up truck, the cop showed up and a tow truck appeared shortly afterward and towed my pick up out of there. The cop told me NOTHING. The next morning after I had recovered from the shock of the accident. I discovered that it was in an IMPOUND LOT COSTING ME $75 A DAY. YOU DON'T KNOW WHAT YOU'RE TALKING ABOUT!!!
@@leonardhevia5452 considering I've been involved in the towing industry for almost 50 years, I believe I know what I'm talking about. If it was truly impounded then there is more to your story. Perhaps a dwi. Or like I said, you were charged for storage. You don't expect them to tow your vehicle and store it for nothing. To keep it in a secure area, ensures that you pay the bill. I've had people sneak in and take their vehicle without paying the bill. Once that happens, then it becomes theft of service. Making the situation worse.
Wrong again. You keep missing the target. There was no DUI or anything like that. I DONT DRINK ALCOHOL. My vehicle went to an lot filled with other vehicles. I was being charged $75 a day. The cop said NOTHING to me about this. AT ALL. I found out the hard way that cops are nothing more than government appointed SCOUNDRELS. Your years of experience are IRRELEVANT.
I asked the cop if I was being arrested and he walked up and grabbed my arm without saying anything. I looked it up and apparently they don't have to tell you if you're being arrested which I think is a huge problem
Let's go back to number one. The police can lie whenever they want. This has been upheld by the courts. Number two, you ask if you are under arrest or detained. If the police say yes, how do you know they aren't lying? If you ask them if they have probable cause and they say yes, how do you know they are not lying? Asking if you are "free to leave". If they refuse to answer, what do you do? I have seen videos when someone asks if they are free to leave and the police will not answer this question. Also if the police say no, how do you know if they are lying? This video is incomplete.
People are really scared of going to jail so cops will use that in order to intimidate people into licking their boots. Cops have a saying "you can beat the rap but you can't beat the ride." They don't care that charges will be dropped cops just want to humiliate you and take away your freedom. The cops know that nothing will happen to them.
Out of curiosity, what would happen if an arrestee while being searched, was silent when the cop asks "do you have anything that can stick, poke, or cut me in your pockets"? Without exception, every video I've seen, the question was answered by the person being searched.
@@marw1920 By the time you replied the same thing the second time you could've answered the f*ing question already. Do you think people are gonna search among thousands of comments for that particular comment of yours? Why not just copy/paste it in here?
WRONGGGGGGGGGG ,, NEVER ASK IF YOU ARE DETAINED (DONT GIVE THEM A STICK TO HIT YOU WITH) SO LONG AS THEY DIDN'T SAY YOU ARE DETAINED YOU CAN WALK LEGALLY AWAY EVEN RUN AWAY IS LEGAL , IF YOU ASK IF YOU DETAINED THEY WILL SAY YES AND YOU CHANCE TO LEAVE IS GONE
I guess my question is if I'm lying in the back of my van holiday on every window that I have do I have an obligation to respond or can I just remain silent?
There are cases in which innocent people answered the best they could to an investigation and ended up guilty of a crime (it might have been a misdemeanor, I don't remember). I try to keep that in mind where there's police around and try to never answer any of their question, no matter how benign they might be (I can forget).
As a former 19 year sworn police officer, I take exception to your headline. I know of NO fellow officer who would NOT want a citizen to know their rights but especially to know what their obligations are. Every school in America should teach that. It would make our lives a lot easier. Between the sidewalk lawyers and the so called "Sovereign Citizen" kooks we don't have to trick anyone. Their stupid enough on their own.
My son 16yrs. old was arrested July 8th. He was riding his bike just after sunset without a light . The police stop him and my son refused to give the officer any information stating that he was calling his father (me) to come pick him up. My son is aware of his rights and as per my rules he is not to answer any questions until I'm present. I was five minutes away and the officer's told him to step away from his bike ,one office proceed to pat him down and handcuff my son telling him that he is going to jail for obstruction of justice as the other officer picks up my son's bike and throws it across the sidewalk into a bike rack area . So he spent all weekend until Monday July 10th. 1:00pm. We have court Thursday July 20th. He pled not guilty to the charge of obstruction of justice. What recourse is there? Help!
If you're a man that would be your lady. Its sad but true. Females are genetically predisposed to talk. They will "rat on you" believing they're helping you. You have been warned.
Yep, As a retired traffic officer I NEVER ask if they new why I stopped them. I just told them why I stopped them, got their license and insurance info., wrote the ticket and sent them on their way. I loved it when they didn't want to talk.
No, there’s been a ruling by The SCOTUS in the past yr concerning being silent vs. saying you are going to remain silent. In a case involving an individual who remained silent while being held and questioned. The Court ruled that in order to protect your Rights under The Fifth Amendment, you must STATE OUT LOUD that you are in fact doing just that. That’s where their opportunities to question you end. But once invoked, do remain silent.
One of the decent honest cops I know explained to me that people don’t get arrested for not making statements that might incriminate themselves, they get arrested for not cooperating with the detention. 5th Amendment pertains to answering questions about whatever is the reason for the detention (“testimony”). But your name, birthdate & address etc is not testimony & the law requires you to provide it and truthfully when arrested or detained. Staying TOTALLY silent can get a charge for Obstructing, not arrested for exercising your 5th. Important distinction.
Only when you're LAWFULLY detained/arrested(same thing) are you required to give your name and D.O.B. Personally, I wouldn't tell them shit! It's my right to remain silent! And never are you compelled to assist them in their investigation of you! If they got compelling enough evidence against you, they don't need your name and D.O.B.!
I don't think it's that easy to just go when the police wants to talk to you. You ask them "am I free to go?" and they can always say "no, you are detained until I figure this out".
Absolutely! That is the biggest problem here! Police can make up anything they want to do anything they want to you. If you ask if you're being detained they can come up with some BS reason to detain you after asking that question. Even if they weren't going to detain you in the first place asking that question will definitely make them detain you... for any reason they want
@@Bill-fv8bq Meanwhile the cops are hiring so many piglets with no real crimes to deal with, they have to make stuff up to practice arresting people. This "practice" includes violent takedowns and tasings, injuries to suspects of all ages, and false arrests and kidnapping. When they detain an innocent citizen they have to practice power and control, so they do, and even if you're standing silent can criminalize innocent behavior to prop up their stats. So, they DO. Silent or not, they are PRACTICING on you, and wasting free citizens' time as a form of disrespect, torture, and abuse, under color of law, which is illegal.
The US Supreme Court rulings in Berghuis v. Thompkins, and Salinas v. Texas says that your silence can be used against you unless you clearly invoke your 5th Amendment right to remain silent.
Interesting that the Supreme Court would make such a ruling. If we have to invoke the 5th Amendment to have our "right", then it is not a "right" at all, but a "privilege". The Constitution doesn't give us any rights at all, otherwise they are only privileges that can easily be taken away. They put in the Bill of Rights just so the government would have to know to leave us alone.
How so? In what manner? Is there an additional charge tacked on for such? Kinda like "resisting arrest" when there were no legal grounds for an arrest?
@@twboegel2918 I am not an attorney and nothing I state is legal advice. I showed the relevant cases. I speculate that, without the invocation, it's seen as evidence of guilt. If you can prove me wrong, please do so.
@@adambaum5824 I wasn't suggesting that I believe you are wrong. I suppose my comment was more of a question ... in statement form. It seems that whenever gooberment confronts us for whatever reason they have reference at the ready with which they have undermined / circumvented our Constitutional Rights
If they put on cuffs without arresting or claiming to detain and refused to let you go, can we sue them? Along the same line, can we refuse to let them put on cuffs just to ask us questions...and what if they forcefully put on cuffs anyway? Once this happened to me just because I walked by a cop outside in public with scissors IN MY POCKET. Said scissors were for cutting my passport photos... I was on my way to get passport photos.
It's ironic how the people who say "I know my rights" don't follow ANY of this advice. On the other hand, people who do exercise their rights, such as asking if they're being detained, a reasonable articulable suspicion of a crime, etc. Are now mocked and dismissed as "Sovereign Citizens".
I saw a video once of some cop harassing and falsely interpreting the law to a group of skateboarders, only to be schooled by one of those kids on what the laws were and how they work. The cop was like, "What? Are you some kind of TH-cam lawyer?" And the kid replied, "I thought it was my responsibility to know the law?" That totally shut the cop up.
@@NineToes821 Nice. But that cop could very easily have told the guy that arguing is for the court, and proceeded to arrest him (albeit unlawfully). Would have been a lawsuit, and the kid would have won.
Good advice here. Especially for those who may be intimidated by police. I had uncles on the force and the sheriff was a friend so I'm not intimidated by police. This might not work for everyone but this is what I do. At first encounter I say, "Hey guys (or gals), how can I help you?" That sets the mood I am not a cop hater and I am willing to assist. It puts them at ease that I am a friend, not confrontational. They will tell me why they approached and I go from there. Usually we end up sharing info and depart as friends. If in spite of my kindness they become accusative or aggressive, that is when I say, "Whoa there fellas, I was being cooperative and friendly, that should count for something. Now this is where I dummy up and stop answering questions. Am I being detained? If so, I'm going to wait till my lawyer shows up. If not, I'll be leaving". That sends the message I know my rights and it has always worked in the past. Most of the cops are there to make our world safer, don't treat every cop like a corrupt creep who only wants to mess with you just because there are a few bad ones.
This post should have more likes. I treat every law officer with respect from the start. NOT an accusatory position that will 100% set off unnecessary alarms and possibly set the whole conversational tone off "on the wrong foot".
1 bad apple spoils the bunch. Cops will use your kindness against you and say that you are not cooperating when you don't answer all of their questions. Cops are not your friend they are trying to get evidence to put you in a cage. I have friends and family that are cops so I know all of the tricks. Cops are not their to help people they are there to collect a paycheck.
Keep in mind however there arent just a few bad ones there are lots and the "good" cops defend the bad ones instead of having them take accountability. A few bad apples spoil the bunch, remember?
Also, I believe courts have held that once you say "I'm not talking any more without a lawyer", if they continue to question you, nothing you say is admissible.
False. Technically they are supposed to stop questioning you, that's it. If you keep talking or answer questions anyway, it's 100% admissible. Caveat: A lawyer might be able to get rendered inadmissable, but unless that happens, it's going to be used.
I have a fictional story where my main protagonist, a Celebrity is having a court case for punching a Paparazzi in the face and breaking his camera for taking pictures of him against his permission and consent. The Paparazzi's Lawyer continued to question a certain question to my Protagonist even after he plead the fifth. My Protagonist's Lawyer stepped in and was like,"My Client has pleaded the fifth. Asking him the same question again is badgering harassment and the other Lawyer agreed to stop asking that question.
@@Harkeilla Didn't realize that my state was a country but anyway, I'll take your word for it... PS: I happen to have a lot of cop friends and they've told me that...
I would encourage people to install camera's on their vehicles. Both interior and exterior. This way if you happen to be pulled over by a corrupt LEO and they decided to plant drugs in your vehicle, you will have a way to combat their charges in court. For an example of this, please look up the news article in reference to former Jackson County Sheriff's Deputy Zachary Wester from Florida. Good luck and never give consent.
is there any among us who watched this who loves the police and 'supports' them? (Not counting people employed at any level in law enforcement of course)
Yes plenty of people do, they are the ones dealing with crazy people and idiots. They protect you while you sleep and check out the things that go bump in the night. Now... do they always do a good job? HELL no, and I AM a retired cop, I just call it like I see it. I'm also a pariah in law enforcement for speaking my mind. But these politicians like to blame these line officer, it gets them votes. These officers have to keep their mouth shut or find another job... so tell me why anyone would want to be a cop these days... the cop on the streets need the public support, these Sheriff's Chiefs and Mayors own these problem after being in office a while. They will just NEVER admit it, so we have to stop voting for these same politicians. Turn over at the top will create change at the bottom.
I loved this interview, but there are a few points I’m still confused about: Does “being detained” trigger a “custodial interview?” Is this phase covered by the fifth amendment? Does being detained ever include handcuffs? But when someone is under arrest they are read the Miranda rights, which are covered under the sixth amendment?
Wish everything was so easy when I was grabbed up off the street in August 2017 just because I had red hair! They tried to say I committed a crime & since not many guys have long red colored hair, they grabbed me & tried to say it was me! I proved it wasn’t & even found the guy on Facebook & told them. I’m still pissed off about what I went through being accused of something so heinous & they didn’t even bother to look at point by point facial recognition software to find their suspect. I almost got charged for some meth addicts crime just because I had red hair! How lame is that?!
My only issue with this is, cops don't play by the rules and do whatever they want in the circumstances. For instance, if you ask the officer if you are being detained, that may make him say you are being detained since you brought it up. They can turn anything into anything that they want and that's the problem. It's hard to fight against rules that are constantly being changed by the officer to work against you.
Landed here researching police mindset. The other night police came to my door because my son WOULD NOT stop crying no matter what I did. I tried everything repeatedly, but someone cled them saying they heard screaming. I agave them basic details including that my other son was asleep inside and when they came in, one officer said "there IS another child." It really stood out to me the way he said it like he was shocked. Just reinforcing the idea that everything you say is suspect. Meaning, you can explain down the last detail a situation but in their heads they're immediately throwing out every word youre saying. Even after its been validated, they're still gonna think every next word you say is a lie. If you're innocent, and likely even if youre guilty, you might as well invoke your rights regardless. ANHTHING you say can, AND WILL, be used against you.
First of all, thank you for this video, which is TRUE….but be prepared! The police WILL threaten to arrest you if you refuse to ID, even if a crime has not been committed. Just know that exercising your rights alot of the times comes with the cost and that cost is you actually having to go to jail, go to court to have the charges dropped, then ultimately to file a formal complaint and eventually a civil suit. Lackluster and HonorYourOath youtube channels have amazing and informative content concerning traffic stops, illegal detainment, illegal search and seizure, etc and DEFINITELY worth checking out.
If you can realise a lot of society is dishonest , then you must realise that so are the police . Why? Because they are part of that society, and as the same as our criminals do, they wish to live aside from honest society . Semper viratus Tim
Police officers aren’t just allowed to lie, they prefer to seemingly. I’ve basically never had an interaction with an on duty police officer where they didn’t lie about something, and I’ve never even been arrested
If you are an US citizen and you are reentering the US from another country do the same laws apply to border patrol officers as do local or state police? For instance, are you required to answer their questions?
Served 25 years as a police officer, Sergeant of Police Operations, Detective Sergeant and District Court Prosecutor. Investigators may tell an untruth to provide closure and justice to a case. However, investigators will not lie about DNA, way too easy to prove wrong. Number two, you are totally correct on the detention explanation. Unless, detained by Federal Case law Terry V. Ohio. Nope, wrong again on number 3. The police officer will establish articular suspicion and based on the totality of the circumstances will afford probable cause. Probable cause is defined as : If a reasonable person given the facts or circumstances of the issue or event, may think that a crime has been committed or a crime is about to be committed. Yup, number four, kinda, close. The police officer can ask you a myriad of questions. If the police officer doesn't ask you any question or questions about the charges you have been arrested for or charged with, the officer doesn't have to advise you of your Miranda Rights. Name, DOB and address are excluded.
Gimme a Break! If you can't afford to defend yourself in the onerous & pricy court of law, you will be a victim to any and all illegal police behavior. [I am overlooking the obvious such as never speak to a police officer & try to record the interaction.] Some jurisdictions, such as NYC, have integrated a type of Alternative dispute resolution (ADR) racket - run by the very police that acted illegally - to further dig defendants into a quagmire of frivolous litigation before they can even take the matter up with a civil court! If you refuse the order of an NYPD officer, you will go to jail. The legality of it does not matter. You will not find an attorney to take the case unless the damages are extraordinarily enticing for the lawyer. You will not be able to fund the defense unless you are of the elite class. NYPD thus looks to abuse the poor & working classes, (eg, illegal stops and frisks, breathalyzers etc., in poor & working middle class neighborhoods), and avoids the wealthy areas of town. In a country where Greed is Good - that defines its morality by Prosperity Gospels - there is no justice! Laws are privilege's enjoyed only by the rich: period!
Interesting they can legally lie to you (which is FRAUD), but you cannot lie to them because it would be obstructing. I wear a hat that has this on it: I do not consent. UCC 1-308 Non Assumpsit. No way a cop could NOT see that. And if they have their cop cam on, it is recorded. UCC 1-308 automatically invokes all your rights. Non Assumpsit means you do not waive them, past, present, and future.
Sounds like sovereign citizen mambo jumbo. Be careful following those what job’s advice. Just simply invoke your 5th amendment rights in a very respectful manner with a nice smile. They’ll get the point real fast. Be resolute and firm
@@craigstevens5093 How about looking those up instead of showing your ignorance? FYI I am not a sovereign citizen. UCC automatically invokes ALL my rights. Only need to point up at the hat and ask if they can read and UNDERSTAND what is written.
@crazysquirrel9425 okay, I did my research and UCC 1-308 is about contract law dyeing business transactions. So, please elaborate on how this protects you during a police encounter.
Agree with everything except not answering questions about basics name and address info. Past that ask for a lawyer. 40 years since my time at the police academy, but hope that hasn’t changed. 👮🏻♂️👮🏾♀️👮🏼
Thank you for your content far too many people do not know their legal rights specifically their first fourth fifth and 14th amendments. Thank you so much for your contact and the information you’re providing.
You missed something.
NEVER EVER EVER GIVE THEM PERMISSION TO SEARCH YOU OR ANY OF YOUR PROPERTY WITHOUT A WARRANT.
Very Good Point !
And when they leave---you have to clean up their mess.
ah but the court allows them to do so without a warrant when they claim to have reasonable suspicion which is total BS
@@johnjerman3421 Your reply is the exact reason why people need to have a dash camera recording the incident.
@@johnjerman3421 Reasonable suspicion only grants an officer permission to perform a "Terry stop", which is also known as a "stop and frisk", Police need probable cause to conduct a search and or an arrest. At least that's the law in NJ.
Thank you for this!
1) Police officers are allowed to lie
2) Unless you have been arrested or detained, you are free to leave
3) The police need probable cause to arrest you
4) You have the right to remain silent, so, by all means, do - until your lawyer gets there.
She is right. Don’t just assert your right to remain silent. Make sure to say “I want to talk to a lawyer.” That triggers more rights, forcing the cops to cease all questioning.
Your autocorrect is malfunctioning. Here: "That triggers more "cops", forcing them to seize and escalate force."
In theory but in many cases they ignore you and or won't allow you to speak to a attorney! An example is getting pulled over for assuming the driver is under the influence. In many states you'll get arrested, possibly car searched, and then forced to give a breathalyzer. You can refuse BUT you'll lose your license for a min a year, be fined, and stay in county jail. If you're a typical citizen there's no option as you can't lose a license and or afford the fine. On the flip side if you take the test, you may be charged with a DUI but often you can get it dropped if you don't have a history, take classes, and only lose your license a few months or less. You need to pay something but it's way less. I'm not sure about all states, but many allow police to keep you from a attorney until after you decide. This is one example.
Recently some courts have said that you have to actively invoke your right to remain silent. If you don't the cops can interpret your behavior in any way that justifies them serving and protecting the shit out of you.
Yes they have immunity, cant keep bullying you claim this & that all the way to full abuse, forcing a survival instinct. But best in many cases.
One lady tried being cool *Rich Lady Thinks Laws Don't Apply to Her Because She Donates* but too much triggering for abusive ego cop.
Or you can state; I refuse to answer any questions without my lawyer present!!!
I’m a retired police officer and everything you stated is actually good advice!
and every officer will have their own lawyer at the IA hearing. If they have nothing to hide or they didn't do anything why do they need a lawyer?
You ever turn in a dirty cop or are you the one that says " I never seen anything they knew better to break laws around me" bullshit.
@@semimba because the justice system is misnamed. It is not about justice. It is only about judicial outcomes.
@@semimba where I worked, it is a right to work state and non union, IA investigations are internal investigations, an officer does not have the right to not answer questions or have a lawyer present during questioning. If an officer refuses to answer questions, you can be terminated and that happened many times.
@@Mike-cv9rrperhaps you should be a hero and hire on and show everybody how it is done
I've always been [and still am] a Law & Order sort of person. HOWEVER, after sitting on a jury in a criminal case, I quickly came to the conclusion to NEVER, EVER, willingly allow the police to question you without a lawyer present.
Another thing to note is that "Anything you say can and will be used AGAINST you." It cannot be used to help you, therefore there is no incentive to speak to them beyond what is legally required.
Actually, this is not entirely correct. The role of the police is to gather all evidence. Both inculpatory and exculpatory. Could be evidence of guilt or innocence. Television does a poor job of informing the public of the realities of police duties.
Even if a cop asks if the address on your license is current; your answer should be the law REQUIRES IT BE CURRENT. If you answer no, it’s changed…. Ticket!!!
What somehow nobody understands is, this extends not just to speech but any and ALL information you give them, i.e. "Drivers" license, registration & proof of insurance. These are all proof of contract that you have signed up to their Color of Law Administrative system, outside of constitutional protections...
NONE, absolutely not one, of the "courts" are true judicial courts of law, formed and proceeding under the authority and within the limitations provided by Article III of the federal constitution. They are ALL kangaroo courts of fraud. Administrative offices run by the BAR Association crime syndicate under color of law. And you have no duty or obligation to comply with any of them.
@@vallee7966 “I already told you that I invoked my right not to answer questions without an attorney present, you shouldn’t be continuing the interrogation, as this could be construed as a threat, especially since I just finished fucking your mom…”
AND WILL Be USED AGAINST YOU
As a retired cop I would say this is the BEST advice you can have. You do not have to agree, nor cooperate by giving them any of your information for their bias reports. Make them do there job, and find out that information.
And yes police reports can be written with bias..
But our law enforcement problem can be addressed with term limits for all elected officials. These Politicians that don't change (sheriff's, chiefs, mayors, ect) but they like to blame the line officer. Turn over at the top is what's needed, in the court system too! Time to move these old people/ideas outta here! Term limits for all
Let’s not forget many agencies issue promotions based on arrests instead of convictions..one example is DUI or DWI
Is "bious" a law enforcement term or do you mean "bias"?
@@scottweaver8811 yes, thank you Mr. Word police
@@bhamilton2757 Smart people point out disgraceful ignorance.
"Turn over at the top is what's needed, in the court system too!" -
you have to know about conceptual power.
"Conceptual power is the power of ideas that have dominated human society for thousands of years and the power of people who are able to generate such ideas. It is the highest intra-social type of power out of 5 existing ones: conceptual, ideological, legislative, executive, judicial.
Conceptual power:
- recognizes factors affecting society
- introduces them into his system of stereotypes
- forms vectors of goals in relation to each society
- forms management concepts for achieving development goals
It is autocratic by nature and ignores the "democratic" procedures of society, which do not see and do not want to recognize its autocracy."
It means no turn over at the top (legislative, executive, judicial) helps. You have to target the eye (conceptual power) above the pyramid on a one US dollar banknote.
I have a standard procedure I use anytime I'm approached by a cop now. As soon as they say a word, I immediately ask if I'm being detained. If the answer is no then I immediately attempt to leave. If the answer is yes, if they refuse to answer, or if they stop me when I attempt to leave after being told I'm not being detained; then I say "I'm not interested in having a conversation. I am invoking my right to remain silent and will not be answering any questions without an attorney present". And no other words come out of my mouth, period. If they continue to press things and demand my ID and insist that I have to answer their questions or whatever then I turn around and present my hands behind my back.
Anything you say outside of that can only hurt you. Every single question a cop asks you has the solitary purpose of establishing probable cause to arrest you.
This is the advice lawyers WILL NOT tell you.
Every detainment IS an arrest. An arrest/detainment starts 4A protections and 5A has to be invoked.
Just like this video, lawyers will tell one to comply and cooperate. Well, that just started the contract.... The contract to presumption.
@@fyrbyrd71q
Nothing makes a cop angrier than your refusal to cooperate with his demands. I never talk to cops about anything. I don't want their assistance and I don't want to help them do what is their "so called" job. Cops are crooks in uniform.
Sometimes u comply under threat of arrest or violence (or both), no contract there, this is coercion and u can use it in ur lawsuit.
Sure you do, tough guy...another keyboard warrior. I bet you're puckering the whole time. Sounds like you have a lot to hide.
What's truly sickening that you actually have protect yourself even from police. The way that some of them act, it's clear that they are no better than criminals.
Retired LEO here. She's spot-on w/this advice and I've told people this repeatedly, even though they look at me like I'm crazy. Sorry, but some of my fellow LEOs are NOT to be trusted. If you're in trouble, STFU and demand a lawyer.
I believe it's significantly more than "some" but ok 😅
You only need to know one thing. Don’t talk to police, ever.
This is it right here. People need to understand that police aren't talking to you because they are trying to solve anything or figure anything out. If they are talking to you, they think you did something and are trying to get any bit of information out of you that will help them arrest you. Period. In short, if police are talking to YOU, they think YOU DID IT.
The police are never your friend, ever.
I was at a Sunday Orioles game. Nice chat with the guys next to me. Then they say they are county police. End of conversation. Moved away to different section. Sorry, not sorry.
This was not how I was raised; police actions (and inaction) brought this about.
Not entirely true. Though the only time it is likely to benefit you is if you have been pulled over. Being polite can get you off with just a warning. But even there it may be cheaper to just eat the ticket than to talk yourself into an arrest.
Speaking from the UK perspective it's the same. They want results, ie they look for easy arrests/charges for often petty things. The last thing they want is to takle serious criminals. They have also become politicised, policing people's opinions. One poor woman recently got arrested for silently praying a couple of hundred yards away from an abortion clinic (which wasn't even open for "business".). No normal person wants to be a police officer so the recruits are often the last people who should be a police officer.
That results in them preying upon members of the general public to get their "numbers up".
And that's why they have lost respect, trust and caused us to be unwilling to interact with them.
An important thing that most people don't know is that the police DO NOT have to mirandize you unless you are both [1] in custody, and [2] being interrogated. On TV and in the movies, the police read you your rights the second they start to arrest you. That's not how it goes down in real life. In real life, they *don't* mirandize you when they arrest you, unless and until they start questioning you. That way, if you spontaneously blurt out anything incriminating, they are free to use it against you because even though you were in custody, they weren't questioning you.
Likewise, the police can question you all they want without reading you your rights if you're not in custody. If they come to your house...stop you on the street, whatever...they can ask you all the questions they want, and they don't have to mirandize you. So it's up to you to remember your right to remain silent. (And of course, _use it!)_
(And by the way, to be legally safe, you should explicitly invoke the 5th amendment or the Constitution. For example, "I'm invoking my 5th Amendment rights," or "I'm invoking my constitutional right to remain silent." That way, the prosecution can't use your silence against you later in court.)
And even innocent people should know that it's always best not to answer questions. You have no way of knowing what kinds of info or statements that seem perfectly harmless and innocent can turn out to be incriminating later. For example, you might admit to not liking someone -- which by itself is no crime -- only to find out later that the person turned up dead. Whoops -- you just incriminated yourself (gave the police a motive) without even realizing it.
So remember: the _Miranda_ rules only apply if you are in custody *and* being questioned. Unless *both* conditions are satisfied, the cops *don't* have to to read you your rights. So you need to know them beforehand.
I was stopped and told to pull over by a couple of motor cycle cops one mornings . They had a radar gun pointed down the street . The posted limit was 25 but the sign was further down the road from where I entered and slower than the side street I had entered from . ( I was new to area) The road has no parking either side , and has a double yellow down the middle . Buses and trucks use the road and it's as straight as an arrow. one other detail . The vehicle I was driving had been to the shop the day before . From a stop it would stall, sputter and shake when you gave it gas . My reaction was to give it more gas to keep the engine from quitting . The car may have accelerated for a moment over the posted limit. Here is my dumb comment to the cop . Cop;" Do you know why I stopped you ?" Me; " Is this a sobriety check point?" Cop ; " Have you been drinking?" Now we went down that route . Anything you say can and will be used against you in a court of law. I was written a ticket for speeding and sent on my way . I thought I could win in court , The Judge said; " let me be your lawyer. " (The officer is casually sitting in the big window sill , one leg up , one leg on the floor) " Officer , how did you detect he was speeding ? " Cop; " With a model 2752 radar gun your honor." Judge shrugs and say ; Ah but was it calibrated ?" He looks at me like we got this one and shows me the thumbs up. Cop ; "It was calibrated that morning with a tuning fork your honor to a frequency that indicates 55 MPH." Judge looks at me and say ; " Pay the Speeding fine Mr Smith." The reason I was on that road was to drop off some metal at a scrap yard because I was broke. Cost me $50.00 and a day off from work . The kid before me had stolen a car , resisted arrest , was unlicensed and a seasoned criminal and was threatening everyone in authority with death. Don't know what happened to him.
Is detained the same as in custody?
@@jamest3552 That's an excellent question, James. And for _Miranda_ purposes, the answer is "no."
As you know (because I said so at the top of this thread), the police must "mirandize" you (that is, read you your rights) when you are in custody and being interrogated.
So then the question is, what does it mean to be "in custody"?
It means having been formally arrested or "deprived of freedom to an extent associated with formal arrest."
But a mere "detention" (a temporary deprivation of your freedom to leave) would not trigger a requirement to give the _Miranda_ warnings. So an ordinary traffic stop, for example, would *_not_* require the officer to read you your _Miranda_ rights. _(Berkemer v. McCarty,_ 468 U.S. 420 (1984))
The courts have refused to tell us exactly where the line is drawn, which unfortunately is something they frequently do. But that's the gist of it.
So the important takeaway here is that you must know your rights, because you can't count on the police to tell you.
Hope that helps.
My favorite way of being legally safe is not breaking the law, guess I'm just weird like that.
@@tellmywifiloveher8225 Definitely the most effective way. 🙂 *But not 100% effective.* Innocent people sometimes *_DO_* get arrested. And when that happens, they need to know that talking to the police will *_not_* help them, and can even hurt them.
Good advice. You have the right to remain silent at all times. One’s Fifth Amendment rights don’t “kick in” when they Mirandize you. No. You have had those rights all along. And, silence IS the best defense.
But you need to invoke your right to remain silent.
@@davidbaca7853 This!
Ron white said it best I had the right to remain silent….. just not the ability!!!😂
@@davidbaca7853 Yes. Any questions should be politely declined to be answered, by invoking one’s Constitutional Rights. Then, silence. There is no obligation to help them investigate. Especially if they’re investigating YOU.
As pointed out, it’s always best to verbally invoke your 5A right from the outset, state you refuse to waive your right to not answer questions without a lawyer present, and that you are invoking and refusing to waive all your other rights as well.
Don’t remain silent. Just don’t answer questions or make statements. ASK questions, like:
1. After verbally invoking your rights, ask them to articulate their name and badge number. If they refuse, mumble, give you one, point at their tit, or otherwise reply with anything other than their name and badge number point out that they have refused to give you their name and badge number as they are required to do, demand a supervisor on scene because you have a suspicion this person isn’t a police officer. A police officer would follow the required identification policy. Point out again that they have been given an opportunity articulate their name and badge number and are continuing to refuse. Even though you have zero intention of having a conversation, answer any question with “I’m not going to have a conversation with you because you’ve refused to verbally identify yourself by name and badge number…” Move to #2.
2. This is not a consensual contact, am I being detained? (If they say no or refuse to answer, walk away and say “this is not a consensual contact, I’m breaking contact and walking away unless you tell me I am detained”. If they tell you to “stay put”, “hold up”, “hang tight”, “sit down”, or any other way they want to detain you without verbalizing it so they can later claim you weren’t…”I’m not following any requests or unlawful orders if I’m not detained. This is not a consensual contact, I’m breaking contact and walking away unless you tell me I’m detained…”
2. If they tell you you’re detained, STOP, and ask “since you’ve told me I am being detained and not free to leave, articulate the facts which you believe would give a person a reasonable suspicion that a crime has taken place, is taking place or is about to take place, as you are required to do…”
Let them talk here. Do not interrupt them as they either fail to provide the RAS they are required to in order to make it a legal detention or they create a record and establish the grounds for the stop which they are now locking themselves into for your lawyer to use against them in court, and which they cannot make up after the fact without contradicting the RS they articulated at the time of the stop.
The information the police volunteer are powerful weapons in your defence. Do not answer questions, do not volunteer information to be used against you. They have to, especially when you ask them questions they are obligated to respond to or they’ll be in violation of a procedure or policy. You don’t have to. So don’t.
Aside from conveying the general information as clearly and quickly as you can-you invoke/do not waive you 4A, 5A rights and every other right, that it’s not a consensual stop and you are breaking contact unless they articulate you are detained, that you have demanded a supervisor and their name & badge number, and that you will not resist any arrest-lawful or unlawful. Give them nothing. Give them nothing but rope.
It is very sad that we have reached the point where citizens have to be advised how to protect themselves from the police!!
What do you expect from people who pose as public servants that are actually political enforcers
Or just obey the law
@@martinbrown1215 That is a ridiculous statement Obeying the law by itself does not give you total protection from police. I don't know what is wrong with you and people like you that can say that when a lot of evidence proves you wrong.
@@PaulSchuster-yj4zb 😭😭😭😭
Because 70 % of them are EVIL PEOPLE ON THERE WAY TO HELL....
I've had police officers tell me these same exact things. One of the most common themes in these talks they've given is that "People have the right to remain silent, but most people can't."
As comedian Ron White once said, regarding his own arrest (for being drunk in public or some such), "I had the right to remain silent, but not the ability." 😂
I've seen videos of cops arresting a lawyer because she wouldn't answer their questions......didn't end well for the police.
It usually doesn't. They don't even know most the laws they're enforcing.
Yet their "judgment" on impairment is beyond question, bs.
In 2008 I was in a catastrophic motorcycle crash, one mid-morning. While the emergency services were racing to the scene along with a medial helicopter….I’m bleeding to death, femoral artery torn and my leg from hip down crushed, and more ….getting to the point ….a cop pulls up, walks into the field where I’m about to die says. “You were speeding weren’t you?” “Tell me you were speeding.”
Now people I’m out of my mind in pain at this point, however because of my background around authority figures… I told the cop, I’m on the phone with my wife saying goodbyes. I’m all geared up fortunately full face helmet, riding boots, totally the best of the best which was always the way I suited up… the cop still insistent asking… knew I wasn’t going to converse with him. Did say , No I wasn’t, once. He takes my phone, and tells my wife “if you want to see him you & family better get to whatever hospital he’s airlifted to if you want to say goodbye.” If I wasn’t in so much pain while lasting for months, after multiple surgeries, years of physical and physiotherapy. Never mind.
My goal was to be in the saddle again, and I did until 2018, hit hard and still remained quiet on the street until emergency vehicle showed up. Wife went down hard in 2010, she elected to get hospital and not call the cops.
We’ve had retiree cops tell us don’t talk cops.
I hope All is Well now Brother 🙏🏻
Sounds about right. Surprised he didnt say you were drunk.
Wow, walking up to you when you're down and bleeding to ask you questions or (in this case) TELL you to confess to something. That's some cold-blooded shit there.
0:23 #1: Police officers can LIE (Yup.......our justice system may be based on the Ten Commandments but...)
0:45 #2: Unless you have been arrested or detained, you are free to leave. Always, always ask if you're being detained.
1:02 #3: Police need probable cause to arrest you (But remember #1 above: They can LIE to you and tell you that they DO have probable cause).
1:30 #4: You have the right to remain silent (UNFORTUNATELY, according to the ruling in Salinas v. Texas, YOU MUST EXPRESS IT. That is, the words "I wish to remain silent" MUST come out of your mouth!).
Number four. 👍 Good point.
You must verbally announce this to the police for this right to be valid. 🚨
What she's not saying is that if you tell the cops you are going to remain silent and want a lawyer and if you are being "detained" for whatever reason they will leave you all alone in that little room FOR HOURS with nothing to drink and no bathroom breaks. They have their little passive aggressive things if you aren't giving them what they want.
@@tonya--7704 That's exactly right!
If you're not willing to put up with that then SUCK IT UP and give them everything they want.
Otherwise, good luck finding a lawyer with the guts to go against the police.
Salinas v Texas was a ridiculous decision produced by right wing judges.
How about implied?
They can lie about more than that. I was a victim of an assault that could never be proven. After a long consideration, I decided there should be a record somewhere. I didn't want to attempt to press charges, but I did want something on file, in case something worse should happen. They said they would take such a report and only keep it on file, and not follow up with the perp. There was absolutely no way anything could be proven, follow up would only put me at greater risk, and impede the steps that were already in motion, for me to get away. I explained all of this first, my report was conditional on their assurance.
2 minutes after the report was complete, they were on their way to question the person. All it did was make matters really bad, and slow down and make much more difficult, my extraction from the situation. Sadly, they will lie even if you are a completely innocent person, not even suspected of a crime.
I once had a Sheriff's deputy stop me outside of child visitation and try to serve me with papers. He asked me my name and I politely declined to give it to him. I wasn't driving or anything, I was walking. He was pretty mad.
They're allowed to lie about Evidence only? I was under the impression that they can lie about whatever they want. I've seen them lie about laws and what they saw the person do, and flat out lie on the stand.
They do it embarrassing
I have witnessed them lying about anything and everything
Its why you need to record every interaction
It's good that you fellas have a 2nd A.
You can always pay it back when the time suits you.
Your damn right!!!
Definitely do say ‘I will remain silent, I claim the 5th, or something’ You do cause problems for yourself if you don’t communicate that you are staying silent. And, like she said….
Remain silent from that point on. It is amazing how stuff has changed, and increased in these regards lately. Their ability to lie to us is honestly baffling!
You don't have to claim the "fifth". Just tell the cop you will remain silent as the constitution allows and then shut your mouth.
You don't have to say it. I watched a lawyer go through a DUI checkpoint without saying a word. They asked for license and registration and he gave it to them and never once did the lawyer say a word. They asked did you have anything to drink? Where you coming from? Do you have any weapons? The weapons one I think you do have to answer if you do but if you don't you don't have to answer. He was free to go
@@natas12rm If you have a concealed weapons permit, generally it is part of the permit to inform the police if you are carrying. I've been asked when on a bogus stop because I didn't want an employee of mine driving to a local bar because I knew he'd already been drinking... and I drove him there in my bashed up 76 Amc Pacer which I usually got pulled over in every Saturday leaving work because the local cops figured I must be their first DUI from the bar located right behind my repair shop. After a month of that bullshit, I called the cop out on it and told him that if he did it again, I was suing the department... never got pulled over again by them.
Not necessarily, sometimes it's good to let them talk while remaining silent. It lets you collect info, while you deny them info. All info you gain is good, even if it is knowledge of the fact that they are lying.
"Officer, I'm not going to answer any questions." "Why not?" "Officer, that's a question."
I have an ongoing case right now where when the Sheriff came to my door to question me. He asked me if I knew why he was there. I didn't know and told him so. Then he told me what had been said and he wanted a statement from me. I said I do not talk to Law Enforcement Officers without my Attorney present. He then said if I did not talk to him, he would arrest me right now. I still refused to talk to him and was arrested and taken to the jail, where I was charged with a misdemeanor. The Prosecutor told me if I would plead guilty to a minor misdemeanor, he would give me no jail time and just a fine of $500.00 in the plea bargain. I refused to plead to something I was not guilty of, so he raised my charge to a Maximum Felony that can get me life in prison if I lose, all because I would not play ball with him. I know that 98% of all charged crimes result in plea bargains, but I wasn't guilty. So now it has been a year and they have postponed the trial 4 times. In the meantime, I am under restrictions that had nothing to do with the crime they charged me with. I think they keep putting it off because they know they can't win, as there is not a shred of evidence, just a she said, he said. I'm wondering if I win, can I then sue the cop for violating my rights to not talk to him?
I grew up in a LE family. Dad was chief of police, grandfather was chief detective. All my uncle’s cops. My older brother a state trooper. Believe me when I tell you, the police are not your friends. They look
At anyone who isn’t LE as the enemy, trash, another perp. I heard every derogatory name in the book growing up. And lie? Holy shit, they lie like it’s normal. Get everything in writing if you’re ever in an accident. And whatever you do don’t open your door unless they state they have a warrant! Because if you let them in, they’ll find probable cause to do a complete search. Are there good trustworthy cops? Absolutely. But for every one good one, there’s 10 crooks
"Our rights" mean nothing when up against qualified immunity.
That's what pisses me off.
There is no qualified immunity for officers of the law if there is “fraud in the inducement”
By the looks of your ignorant comments, none of you actually know what qualified immunity means. Rather than going by what you hear on TH-cam or shouted by blm types, maybe you should go research the actual meaning of the term and conditions as to how it applies to Law Enforcement and why it is necessary. Until you have robots employed as cops, it will always be necessary.
Qualified immunity does not protect an officer who violates one's constitutional right(s). Stop biting on buzz words.
Read the definition. It has nothing to do with your rights. If the officer breaks the law, it goes out the window anyway. “qualified immunity protects state and local officials, including law enforcement officers, from individual liability unless the official violated a clearly established constitutional right”
I once got pulled over by a police man and he asked if he could search my vehicle. I refused and he proceeded to search saying that I gave him probable cause by refusing therefore I must be hiding something.
It's been ruled on that refusal alone isn't enough for probable cause.
Right sait
@@AmericanNinja85 Must of been after it happened to me or they are corrupt
@bobsacamano7653 many times cops will lie to you and tell you it's enough or just plain out not know because they were trained wrong because civil law is not part of their training (even though it should be)
So respond refusal is not probable cause call your boss ??
Great advice! I tell people the same exact thing. That one about remaining silent is a golden one. Just keep your trap shut and ask for a lawyer. Tell the police- Nothing! In the end, you will be glad that you did. Real talk! Peace.
I got the cops called on me because the A hole upstairs said I was making too much noise with my surround sound. Been here 25yrs, no one has ever complained. He has been here like 3 weeks. And he calls cops on me for the first time in 25yrs. Cops come and knock on my door-NO doorbell. And they cover my peep hole. I know it's the cops because I see 2 cruisers out front and I can hear their radios. Why cover the peep hole? I yell-Yeah? They say-Let us come in, we just want to talk. Nah man, you got a warrant? and talk about what? Why you covering my peep hole view? One guy said-Come on, be easy, make this easy for you, We just want to talk and look around. For what? Then they stood around after taking their slimy hands off my peep view and said-Okay, just keep it down we don't want to come back out here. Why did they go about it that way? Like try to bully me into opening my door, for a "noise complaint" that didn't even happen. They didn't even hear my surround sound. I heard them say-There is no one here...
Had a school cop when I was in the 4th grade try to get me to admit to something I didn't do. I could have been arrested for vandalism and arson. Luckly I never missed an episode of NYPD blue and at 9 years old, I lawyered up. He questioned me by myself and tried to put the frighteners on me. He didn't know I was raised by an ego-maniac cop so his tricks didn't work.
😂
When I was in 4th grade I seen the cops bring my brother home once and arrest him another time for having numchucks in his car (this was the 1970's). After observing this, I learned to run from the police. I was so good that I could hurdle backyard fences while running and be 5 blocks away while they were driving around the first block looking for me. Worked every time.
@HeWhoIsWhoHeIs
Right,
And, cops NEVER put children in handcuffs.
No wonder he loves stupid.
@ ianpatrick _"I was raised by an ego-maniac cop..."_
Is there another kind?
Supply ID only if legally required (Check your state laws for this one) to do so and then remember the following 2 steps:
"I don't answer questions. I wish to envoke my 5A right." You have to actually specify WHY you won't answer questions. This bit is important in case it comes up in court later.
"Am I being detained?"
Follow up with "Am I free to leave?" If they dance around the topic, repeat the following 3 steps until they let you go. Never just walk away.
And ALWAYS record it on video. Audio at the absolute least. Again, in a court room, cops are more likely to be trusted if it's just your word vs theirs.
If I committed no crime in their presence, I will not volunteer my ID.
@@lemroyaljames8758 some states still require it. Terry stops are not always illegal. Please research your state laws before making that choice.
@@stevep6317 I know law. I beat three RICO Charges representing myself. The US Supreme court Police-Citizen encounter judicial doctrine made it clear. You give them your ID
@@stevep6317 The bottom line is, even in so called ''Stop and ID'' states, the stop MUST be lawful. That means there has to be a valid reason, based on violation of an actual code/statute/ordinance or law.
@@andyfletcher3561 hence I reiterated to check your state laws...
1) cops can & will lie
2) if you’re not arrested or detained, you should leave
3) cops must have probable cause to even stop you.
4) remain silent, don’t answer questions
5) if pulled over driving, you have obligation for 3 things only; license, registration & insurance. Any other questions are not relevant to the detainment. You have the right to demand why you were pulled over & cop’s name & badge #.
As to your #3: They do not need "probable cause" to stop a person, they only need "reasonable suspicion", which could turn into probable cause, but not always.
0:20 yes, per Frazier v. Cupp the cops are legally allowed to lie in order to trick you into waiving your constitutional rights. But don’t fall for it. Never willingly give consent to anything like, “mind if I take a quick look inside your trunk?” and most importantly don’t answer any questions. Like “where are you coming from or “where are you going to”.
I did answer one time when stopped at roadblock by Pa State Police. I told him I came from thataway and moved my thumb back over my head. I then said I am going thataway and gestured with my index finger. I was arrested and taken to the station nearby but the Major in charge told the goon to return me at once and release me unharmed. They never learn..huh?
Could you please give me an example of how police use the "Where are you going/coming from". It seems like an unloaded question...
@@danherrick5785 There are dozens like this, as well as of cops planting evidence th-cam.com/video/3olB4D5Hehk/w-d-xo.html
@@danherrick5785 Wow. Okay, it's simple: if they ask you innocent questions, you'll relax and forget not to answer the incriminating questions.
@@glintinggold Thanks for your comment. I guess I was specifically asking about the going and coming from part. But you made your point. Thanks.
Those leading questions that cops use: have you been drinking, do you want to be arrested, where do you work, do you think I'm a joke? All intended to rattle you to say things. If you answer 50 questions, you'll eventually contradict yourself and be accused of lying. Just like lawyers, cops seldom ask a question without first knowing the answer.
Well done! Short, factual, and to the point.
Good video. I would add as a number 5, ALWAYS film interactions with the cops if you can.
On some states they put laws in place making that illegal.
Criminal politicians covering for criminal cops.
If you do this, the police will try to tell you that you are "Obstructing justice". That a B.S. line they use a lot.
Or that you are being 'difficult', in which case, reply with "It's YOUR job, not mine. Find something else, if you want things easy."
The irony is they are obstructing justice... yours.
"Obstructing" with words or silence... Go figure.
@@Harkeilla Too much speaking. "I invoke my right to remain silent" followed by "I decline to answer questions without a lawyer present" if necessary. then clam up.
I live in UK but even though, I am sure, our laws are not quite the same, I found this video great due to its concise, 'straight to the point' nature.... Huzza!!
Do these same writes apply in Canada.
1:21 I have heard “There was a robbery in the vicinity and you fit the description” way too many times.
The most important thing to remember here, the right to remain silent. Most people have the right they just don’t have the intelligence. Don’t answer questions like Where are you going?
Where have you been ?Just ask
him amI being detained. Keep registration and proof of Insurance in a plastic bag.
The polite way to respond to improper questioning is "Does that pertain to this traffic stop?" And do not let them tell you it does and therefore what they say must be the truth. Police are allowed to lie because the SC ruled that police can lie to "we the people" and get away with it. Never trust them outright, let them earn it.
@@hook-x6f No, say NOTHING. Asking a question only draws you in further.
If you feel you need to be polite say "I'd like to speak with a lawyer PLEASE."
End of discussion.
@@tomsmith2013 And while what you say is legally true, it's also incredibly tone deaf because you would be antagonizing and escalating the situation. Most people just want to pay the ticket and be done with it, not go to battle over something stupid.
@@moe47988 can you imagine cops not being the ones turning nothing into something? Their egos are dangerous fragile and it's dangerous
@@Cjohn31 yes they are, and many inspire to be cops for that reason. but the best thing to do is outsmart them, play to their ego, otherwise a trivial matter of nonsense will land you in jail, or at least tie you up for months in the legal process
Doesn’t it suck that police take an oath to defend the very rights you outlined, yet they stomp on them without caring one bit that they actually took an oath to defend them. That part makes me sick
They do that because they are operating for third-party debt collectors if they can get you into a contract of verbal agreement one way or the other it's all about the money the chess game in the courts it's all about the money
@@JARRETT7121 You a smart man
thats why we need to get rid of the police union's
There are probably a million people sitting in a prison today that just didn’t know when to shut the hell up. I like when they ask you “ where have you been all day “ I always reply….. over your moms house, they get the point.
That's a good one! But then, can they mess you up for lying to an officer? I don't know the answer to that question. Because they've not messed *you* up doesn't answer the question, either.
You must live in some soft and proper area, just try that nonsense with the Tactical Narcotics Taskforce in the South Bronx. Masks and tape on their badges so you can't identify them, no marked cars and use abandoned buildings to hold you with no paperwork till they're done with you.
@@chrisreich40 The way I look at it, they have their job and I have mine. Their job is to hem me up and my job is to not say shit. On the real I don’t disrespect police officers, but I won’t help them in any way to put my ass in jail. I want to speak to my attorney, period.
Playing hide the chorizo.
@@michael5303 Been shot at, stitched up and another time stapled back together, and the icing on the cake was sitting next to a guy who took a full clip in the chest. Any other comments?
You can be arrested for anything and nothing at all. Establishing whether it was lawful comes later, if you can afford it. Police will even say "that's for the courts to decide."
My lawyer said you MUST tell the officer you want to remain silent and that you want a lawyer. If you simply refuse to talk at all they can continue to question you and do not have to offer you counsel.
I like watching interrogation videos. When someone is really great at it, it’s amazing to watch.
But whenever I see them say “We have video of you doing xyz”. I always want them to say “Great, let’s watch it right now”
This is assuming they are bluffing.
The state police interrogator kicked my foot and rubbed. His foot up and down my leg the whole time he interrogatored me. You won't see that on a video the prosecutor judge and police. Know he does that that is called Sexual Assault. In appropriate touching is Sexual Assault that is a Felony I guess. You think that is funny 4 and a half years and that pain is still there.
@@nobodi2840 There is video in every interrogation room. If that happened even under a table it would be obvious by his movements. Get an attorney and file a lawsuit if this is real.
@@nobodi2840 I'm assuming you're a female then? This reminds me of an instance where a police officer was "patting down" a woman as she stepped into the courtroom, and the cop "copped a feel" on one of her body parts. She called him out on it. He, of course, denied it. But since they were the ones in the authority position, they began threatening to take her daughter into protective custody unless she withdrew her statement. So she went ahead and withdrew her statement, then arrested her for falsely accusing the officer. The only thing that saved her was the CCTV security footage caught the whole thing, even the audio.
Well for starters I am a 68 year old white male I was 63 at the time. The prosecutor and my lawyer knew what went on in that room. I know that there was another camera in that room. They were going to protect the police the interrogator. For child services the detective and the predator who assaulted me. Sexual Assault is a interrogation technique used by the police in Arkansas. And they say that there is nothing you can do about it. But I am trying I know I am not the only victim of these people. All 3 statements are fraudulent and I proved it. But I wish that others would know and come forward. They deliberately do this to innocent people and. It is time for the truth to come about the corruption. In the Arkansas judicial system how they arrest and convict innocent people. On fraudulent statements send tens of thousands of innocent people to prison. According to the law decision made on fraudulent statements are void. A Civil Rights Violation I had a lot of time to read the law. There was so much evidence that was suppressed. In my favor it was unreal so I am not going to waste. Anymore my on a lawyer who is going to conspire against with the prosecutor. The Lord is with me and he will prevail in this.
@@miked172 and I thought I couldn’t hate cops any more than I already did lol
If the cop asks you if he can search your car, you have the right to refuse. If he's asking permission, he doesn't have probable cause to conduct the search. Remember that. It's #5 on the list cops don't want you to know.
#6--If a plainclothes cop pulls you over, you have the right to a uniformed cop. Tell him you want a uniformed officer, and he has to call him. He could be impersonating a cop.
#7--If you're involved in a traffic accident and your vehicle is too damaged to drive, DO NOT ALLOW THE COP TO CALL A TOW TRUCK FOR YOU!!! The scoundrel is calling the impound lot to take your car and you will be charged a $100 a day while your car is in that lot. If your vehicle is too damaged, IMMEDIATELY call a tow truck to take your car home. Tell the cop when he arrives that your tow truck is on the way. This will block him from scamming you.
A cop is nothing more than a con artist, criminal, degenerate, scoundrel.
As for the tow truck, you are miss informed. All tow companies are on a rotation list. If the person doesn't have a preference, the next company on the list gets the call. If it is impounded, it gets towed to the police yard. Otherwise you have the option to have have it towed to wherever you want. If it gets towed to the tow company's yard then storage is part of the tow bill. Storage is not an impound fee.
You are mistaken. After a crash that destroyed my pick up truck, the cop showed up and a tow truck appeared shortly afterward and towed my pick up out of there. The cop told me NOTHING. The next morning after I had recovered from the shock of the accident. I discovered that it was in an IMPOUND LOT COSTING ME $75 A DAY. YOU DON'T KNOW WHAT YOU'RE TALKING ABOUT!!!
@@leonardhevia5452 considering I've been involved in the towing industry for almost 50 years, I believe I know what I'm talking about. If it was truly impounded then there is more to your story. Perhaps a dwi. Or like I said, you were charged for storage. You don't expect them to tow your vehicle and store it for nothing. To keep it in a secure area, ensures that you pay the bill. I've had people sneak in and take their vehicle without paying the bill. Once that happens, then it becomes theft of service. Making the situation worse.
Wrong again. You keep missing the target. There was no DUI or anything like that. I DONT DRINK ALCOHOL. My vehicle went to an lot filled with other vehicles. I was being charged $75 a day. The cop said NOTHING to me about this. AT ALL. I found out the hard way that cops are nothing more than government appointed SCOUNDRELS. Your years of experience are IRRELEVANT.
1: Your rights
2: Your rights
3: Your rights
4: Your rights.
I asked the cop if I was being arrested and he walked up and grabbed my arm without saying anything. I looked it up and apparently they don't have to tell you if you're being arrested which I think is a huge problem
They want you to resist. Then they got you. Its a trap.
Yeah that grabbiness of cops has got to go.
Let's go back to number one. The police can lie whenever they want. This has been upheld by the courts. Number two, you ask if you are under arrest or detained. If the police say yes, how do you know they aren't lying? If you ask them if they have probable cause and they say yes, how do you know they are not lying?
Asking if you are "free to leave". If they refuse to answer, what do you do? I have seen videos when someone asks if they are free to leave and the police will not answer this question. Also if the police say no, how do you know if they are lying?
This video is incomplete.
Whoa, you are thinking at a level above everyone else! My brain exploded. You're making me think and that's a good thing.
💯🎯
You keep asking, RESPECTFULLY, until they release you. And if they claim probable cause, you're already being arrested.
@@felzke440 How do you know if they are not lying about probable cause?
I remember the video where cops arrested a lawyer for remaining silent.
Then they read her her rights!
Yes, he told her she had the right to remain silent...
@@Slicerwizard ironic isn’t it. That cops arrest an attorney for being silent and then tell her she has the right to be silent.
Yet another reason to avoidJersey.
People are really scared of going to jail so cops will use that in order to intimidate people into licking their boots. Cops have a saying "you can beat the rap but you can't beat the ride." They don't care that charges will be dropped cops just want to humiliate you and take away your freedom. The cops know that nothing will happen to them.
Out of curiosity, what would happen if an arrestee while being searched, was silent when the cop asks "do you have anything that can stick, poke, or cut me in your pockets"?
Without exception, every video I've seen, the question was answered by the person being searched.
My answer would be, "I hope so."
@@marw1920 Exactly but if you remain silent, will they hit you with an obstruction charge?
@@marw1920 I did a YT search but couldn't find anything for "unlawful order problem". Sorry, I don't know how to find your comment based on that info.
@@marw1920 By the time you replied the same thing the second time you could've answered the f*ing question already. Do you think people are gonna search among thousands of comments for that particular comment of yours? Why not just copy/paste it in here?
WRONGGGGGGGGGG ,, NEVER ASK IF YOU ARE DETAINED (DONT GIVE THEM A STICK TO HIT YOU WITH) SO LONG AS THEY DIDN'T SAY YOU ARE DETAINED YOU CAN WALK LEGALLY AWAY EVEN RUN AWAY IS LEGAL , IF YOU ASK IF YOU DETAINED THEY WILL SAY YES AND YOU CHANCE TO LEAVE IS GONE
Your videos are short, sweet and informative! Thank you from a New Subscriber!
I asked a detective that I knew and asked him if he would retain a lawyer were he detained. He thought about it for awhile and finally said, "Yes".
Far too many people talk their way to a jail cell, say nothing, surrender nothing.
Also, if they come to your house and ask to come in, you can say “no”…otherwise they need a search warrant to demand entry.
Don't even open the door.
I guess my question is if I'm lying in the back of my van holiday on every window that I have do I have an obligation to respond or can I just remain silent?
I believe there are officers out there who truly want to, and do, help people. Especially those who are incapable of protecting themselves.
But, unfortunately they are part of a gang,. That does not like it's members not adhering to the doctrine of us against them!
Few and far between
😏
It's true, there are decent officers out there. The trouble is you don't know which type pulled you over. Err on the side of caution.
Show them to us...
There are cases in which innocent people answered the best they could to an investigation and ended up guilty of a crime (it might have been a misdemeanor, I don't remember). I try to keep that in mind where there's police around and try to never answer any of their question, no matter how benign they might be (I can forget).
You can be detained for any reason related to an investigation. Anything can lead to an investigation. They hold all the cards.
As a former 19 year sworn police officer, I take exception to your headline. I know of NO fellow officer who would NOT want a citizen to know their rights but especially to know what their obligations are. Every school in America should teach that. It would make our lives a lot easier. Between the sidewalk lawyers and the so called "Sovereign Citizen" kooks we don't have to trick anyone. Their stupid enough on their own.
My son 16yrs. old was arrested July 8th. He was riding his bike just after sunset without a light . The police stop him and my son refused to give the officer any information stating that he was calling his father (me) to come pick him up. My son is aware of his rights and as per my rules he is not to answer any questions until I'm present. I was five minutes away and the officer's told him to step away from his bike ,one office proceed to pat him down and handcuff my son telling him that he is going to jail for obstruction of justice as the other officer picks up my son's bike and throws it across the sidewalk into a bike rack area . So he spent all weekend until Monday July 10th. 1:00pm.
We have court Thursday July 20th. He pled not guilty to the charge of obstruction of justice. What recourse is there? Help!
“Never rat on your friends, and always keep your mouth shout.” -Jimmy The Gent
If you're a man that would be your lady. Its sad but true. Females are genetically predisposed to talk. They will "rat on you" believing they're helping you. You have been warned.
Yep, As a retired traffic officer I NEVER ask if they new why I stopped them. I just told them why I stopped them, got their license and insurance info., wrote the ticket and sent them on their way. I loved it when they didn't want to talk.
There is only one word you should say when you under suspicion and the police want to talk to you. "Lawyer."
No, there’s been a ruling by The SCOTUS in the past yr concerning being silent vs. saying you are going to remain silent. In a case involving an individual who remained silent while being held and questioned. The Court ruled that in order to protect your Rights under The Fifth Amendment, you must STATE OUT LOUD that you are in fact doing just that. That’s where their opportunities to question you end. But once invoked, do remain silent.
She's right listen to the lawyer You cannot get in trouble for remaining silent. But the cops get upset when you do.
One of the decent honest cops I know explained to me that people don’t get arrested for not making statements that might incriminate themselves, they get arrested for not cooperating with the detention. 5th Amendment pertains to answering questions about whatever is the reason for the detention (“testimony”). But your name, birthdate & address etc is not testimony & the law requires you to provide it and truthfully when arrested or detained. Staying TOTALLY silent can get a charge for Obstructing, not arrested for exercising your 5th. Important distinction.
Only when you're LAWFULLY detained/arrested(same thing) are you required to give your name and D.O.B. Personally, I wouldn't tell them shit! It's my right to remain silent! And never are you compelled to assist them in their investigation of you! If they got compelling enough evidence against you, they don't need your name and D.O.B.!
In Texas it requires an arrest for an ID to be required. I often wonder how does an ID tell a cop if you stole something?
I don't think it's that easy to just go when the police wants to talk to you. You ask them "am I free to go?" and they can always say "no, you are detained until I figure this out".
Absolutely! That is the biggest problem here! Police can make up anything they want to do anything they want to you. If you ask if you're being detained they can come up with some BS reason to detain you after asking that question. Even if they weren't going to detain you in the first place asking that question will definitely make them detain you... for any reason they want
@@Bill-fv8bq Meanwhile the cops are hiring so many piglets with no real crimes to deal with, they have to make stuff up to practice arresting people.
This "practice" includes violent takedowns and tasings, injuries to suspects of all ages, and false arrests and kidnapping. When they detain an innocent citizen they have to practice power and control, so they do, and even if you're standing silent can criminalize innocent behavior to prop up their stats. So, they DO.
Silent or not, they are PRACTICING on you, and wasting free citizens' time as a form of disrespect, torture, and abuse, under color of law, which is illegal.
The US Supreme Court rulings in Berghuis v. Thompkins, and Salinas v. Texas says that your silence can be used against you unless you clearly invoke your 5th Amendment right to remain silent.
Interesting that the Supreme Court would make such a ruling. If we have to invoke the 5th Amendment to have our "right", then it is not a "right" at all, but a "privilege". The Constitution doesn't give us any rights at all, otherwise they are only privileges that can easily be taken away. They put in the Bill of Rights just so the government would have to know to leave us alone.
How so? In what manner? Is there an additional charge tacked on for such?
Kinda like "resisting arrest" when there were no legal grounds for an arrest?
@@twboegel2918 I am not an attorney and nothing I state is legal advice. I showed the relevant cases. I speculate that, without the invocation, it's seen as evidence of guilt. If you can prove me wrong, please do so.
@@adambaum5824 I wasn't suggesting that I believe you are wrong. I suppose my comment was more of a question ... in statement form.
It seems that whenever gooberment confronts us for whatever reason they have reference at the ready with which they have undermined / circumvented our Constitutional Rights
The Salinas case is not being used by prosecutors.
If they put on cuffs without arresting or claiming to detain and refused to let you go, can we sue them?
Along the same line, can we refuse to let them put on cuffs just to ask us questions...and what if they forcefully put on cuffs anyway?
Once this happened to me just because I walked by a cop outside in public with scissors IN MY POCKET.
Said scissors were for cutting my passport photos... I was on my way to get passport photos.
Why can't the police just leave us the eff alone? Every damned thing is "suspicious"!!!
@@glintinggold Exactly!
Thank you for putting this up.
It's ironic how the people who say "I know my rights" don't follow ANY of this advice.
On the other hand, people who do exercise their rights, such as asking if they're being detained, a reasonable articulable suspicion of a crime, etc. Are now mocked and dismissed as "Sovereign Citizens".
The sovereign citizen and auditor movement people are delusional and are basically troublemakers 👎🤪
I saw a video once of some cop harassing and falsely interpreting the law to a group of skateboarders, only to be schooled by one of those kids on what the laws were and how they work. The cop was like, "What? Are you some kind of TH-cam lawyer?" And the kid replied, "I thought it was my responsibility to know the law?" That totally shut the cop up.
@@NineToes821 Nice. But that cop could very easily have told the guy that arguing is for the court, and proceeded to arrest him (albeit unlawfully). Would have been a lawsuit, and the kid would have won.
Remember to overtly invoke the right to be silent. Merely saying nothing is not treated the same.
Good advice here. Especially for those who may be intimidated by police.
I had uncles on the force and the sheriff was a friend so I'm not intimidated by police.
This might not work for everyone but this is what I do.
At first encounter I say, "Hey guys (or gals), how can I help you?"
That sets the mood I am not a cop hater and I am willing to assist. It puts them at ease that I am a friend, not confrontational.
They will tell me why they approached and I go from there. Usually we end up sharing info and depart as friends.
If in spite of my kindness they become accusative or aggressive, that is when I say, "Whoa there fellas, I was being cooperative and friendly, that should count for something. Now this is where I dummy up and stop answering questions. Am I being detained? If so, I'm going to wait till my lawyer shows up. If not, I'll be leaving".
That sends the message I know my rights and it has always worked in the past.
Most of the cops are there to make our world safer, don't treat every cop like a corrupt creep who only wants to mess with you just because there are a few bad ones.
This post should have more likes. I treat every law officer with respect from the start. NOT an accusatory position that will 100% set off unnecessary alarms and possibly set the whole conversational tone off "on the wrong foot".
1 bad apple spoils the bunch. Cops will use your kindness against you and say that you are not cooperating when you don't answer all of their questions. Cops are not your friend they are trying to get evidence to put you in a cage. I have friends and family that are cops so I know all of the tricks. Cops are not their to help people they are there to collect a paycheck.
Keep in mind however there arent just a few bad ones there are lots and the "good" cops defend the bad ones instead of having them take accountability. A few bad apples spoil the bunch, remember?
"A few bad ones" 🤣🤣🤣
Also, I believe courts have held that once you say "I'm not talking any more without a lawyer", if they continue to question you, nothing you say is admissible.
False. Technically they are supposed to stop questioning you, that's it. If you keep talking or answer questions anyway, it's 100% admissible.
Caveat: A lawyer might be able to get rendered inadmissable, but unless that happens, it's going to be used.
I have a fictional story where my main protagonist, a Celebrity is having a court case for punching a Paparazzi in the face and breaking his camera for taking pictures of him against his permission and consent. The Paparazzi's Lawyer continued to question a certain question to my Protagonist even after he plead the fifth. My Protagonist's Lawyer stepped in and was like,"My Client has pleaded the fifth. Asking him the same question again is badgering harassment and the other Lawyer agreed to stop asking that question.
Short and to the point, thanks for respecting our time.
They are not allowed to lie, rather they are encouraged to do so...
Police are LEGALLY PERMITTED to lie - worse than used car salesmen... and I used to sell used cars.
Sounds like you need to go and read up on what police can and can't do in your country yourself, if you believe they aren't allowed.
@@Harkeilla Didn't realize that my state was a country but anyway, I'll take your word for it...
PS: I happen to have a lot of cop friends and they've told me that...
I would encourage people to install camera's on their vehicles. Both interior and exterior. This way if you happen to be pulled over by a corrupt LEO and they decided to plant drugs in your vehicle, you will have a way to combat their charges in court. For an example of this, please look up the news article in reference to former Jackson County Sheriff's Deputy Zachary Wester from Florida. Good luck and never give consent.
Zach Wester's church friends say he's "a mighty man of God" 🤣🤣
@@glintinggold 🤣
is there any among us who watched this who loves the police and 'supports' them? (Not counting people employed at any level in law enforcement of course)
Yes plenty of people do, they are the ones dealing with crazy people and idiots. They protect you while you sleep and check out the things that go bump in the night. Now... do they always do a good job? HELL no, and I AM a retired cop, I just call it like I see it. I'm also a pariah in law enforcement for speaking my mind. But these politicians like to blame these line officer, it gets them votes. These officers have to keep their mouth shut or find another job... so tell me why anyone would want to be a cop these days... the cop on the streets need the public support, these Sheriff's Chiefs and Mayors own these problem after being in office a while. They will just NEVER admit it, so we have to stop voting for these same politicians. Turn over at the top will create change at the bottom.
I loved this interview, but there are a few points I’m still confused about: Does “being detained” trigger a “custodial interview?” Is this phase covered by the fifth amendment? Does being detained ever include handcuffs?
But when someone is under arrest they are read the Miranda rights, which are covered under the sixth amendment?
In the UK, I have heard that the police often say - You're not detained, but if you go, you may be arrested.
Call their bluff , because you need to start the custody clock asap .
Wish everything was so easy when I was grabbed up off the street in August 2017 just because I had red hair! They tried to say I committed a crime & since not many guys have long red colored hair, they grabbed me & tried to say it was me! I proved it wasn’t & even found the guy on Facebook & told them. I’m still pissed off about what I went through being accused of something so heinous & they didn’t even bother to look at point by point facial recognition software to find their suspect. I almost got charged for some meth addicts crime just because I had red hair! How lame is that?!
Are you Axl Rose from Guns N'Roses by any chance? 🤣(This is a joke. 🤣)
The number ONE thing they hope we never learn... There are more of US than there are of THEM
My only issue with this is, cops don't play by the rules and do whatever they want in the circumstances. For instance, if you ask the officer if you are being detained, that may make him say you are being detained since you brought it up. They can turn anything into anything that they want and that's the problem. It's hard to fight against rules that are constantly being changed by the officer to work against you.
What a great PSA! Americans should know and exercise their rights.
Landed here researching police mindset. The other night police came to my door because my son WOULD NOT stop crying no matter what I did. I tried everything repeatedly, but someone cled them saying they heard screaming. I agave them basic details including that my other son was asleep inside and when they came in, one officer said "there IS another child." It really stood out to me the way he said it like he was shocked. Just reinforcing the idea that everything you say is suspect. Meaning, you can explain down the last detail a situation but in their heads they're immediately throwing out every word youre saying. Even after its been validated, they're still gonna think every next word you say is a lie. If you're innocent, and likely even if youre guilty, you might as well invoke your rights regardless. ANHTHING you say can, AND WILL, be used against you.
First of all, thank you for this video, which is TRUE….but be prepared! The police WILL threaten to arrest you if you refuse to ID, even if a crime has not been committed. Just know that exercising your rights alot of the times comes with the cost and that cost is you actually having to go to jail, go to court to have the charges dropped, then ultimately to file a formal complaint and eventually a civil suit. Lackluster and HonorYourOath youtube channels have amazing and informative content concerning traffic stops, illegal detainment, illegal search and seizure, etc and DEFINITELY worth checking out.
If you can realise a lot of society is dishonest , then you must realise that so are the police . Why? Because they are part of that society, and as the same as our criminals do, they wish to live aside from honest society .
Semper viratus Tim
Police officers aren’t just allowed to lie, they prefer to seemingly. I’ve basically never had an interaction with an on duty police officer where they didn’t lie about something, and I’ve never even been arrested
If you are an US citizen and you are reentering the US from another country do the same laws apply to border patrol officers as do local or state police? For instance, are you required to answer their questions?
Served 25 years as a police officer, Sergeant of Police Operations, Detective Sergeant and District Court Prosecutor. Investigators may tell an untruth to provide closure and justice to a case. However, investigators will not lie about DNA, way too easy to prove wrong. Number two, you are totally correct on the detention explanation. Unless, detained by Federal Case law Terry V. Ohio. Nope, wrong again on number 3. The police officer will establish articular suspicion and based on the totality of the circumstances will afford probable cause. Probable cause is defined as : If a reasonable person given the facts or circumstances of the issue or event, may think that a crime has been committed or a crime is about to be committed. Yup, number four, kinda, close. The police officer can ask you a myriad of questions. If the police officer doesn't ask you any question or questions about the charges you have been arrested for or charged with, the officer doesn't have to advise you of your Miranda Rights. Name, DOB and address are excluded.
Gimme a Break! If you can't afford to defend yourself in the onerous & pricy court of law, you will be a victim to any and all illegal police behavior. [I am overlooking the obvious such as never speak to a police officer & try to record the interaction.]
Some jurisdictions, such as NYC, have integrated a type of Alternative dispute resolution (ADR) racket - run by the very police that acted illegally - to further dig defendants into a quagmire of frivolous litigation before they can even take the matter up with a civil court!
If you refuse the order of an NYPD officer, you will go to jail. The legality of it does not matter. You will not find an attorney to take the case unless the damages are extraordinarily enticing for the lawyer. You will not be able to fund the defense unless you are of the elite class. NYPD thus looks to abuse the poor & working classes, (eg, illegal stops and frisks, breathalyzers etc., in poor & working middle class neighborhoods), and avoids the wealthy areas of town.
In a country where Greed is Good - that defines its morality by Prosperity Gospels - there is no justice! Laws are privilege's enjoyed only by the rich: period!
Remaining silent however is an art, it's not as simple as just clamming up, also reminding the police that you have this right won't help.
Interesting they can legally lie to you (which is FRAUD), but you cannot lie to them because it would be obstructing.
I wear a hat that has this on it:
I do not consent.
UCC 1-308
Non Assumpsit.
No way a cop could NOT see that. And if they have their cop cam on, it is recorded.
UCC 1-308 automatically invokes all your rights.
Non Assumpsit means you do not waive them, past, present, and future.
Sounds like sovereign citizen mambo jumbo. Be careful following those what job’s advice. Just simply invoke your 5th amendment rights in a very respectful manner with a nice smile. They’ll get the point real fast. Be resolute and firm
@@craigstevens5093 How about looking those up instead of showing your ignorance?
FYI I am not a sovereign citizen.
UCC automatically invokes ALL my rights.
Only need to point up at the hat and ask if they can read and UNDERSTAND what is written.
@crazysquirrel9425 okay, I did my research and UCC 1-308 is about contract law dyeing business transactions. So, please elaborate on how this protects you during a police encounter.
Sovereign is free
Citizen means slave
Noob
@@bobbobertson6249 Sovereign Citizen is an oxymoron.
Agree with everything except not answering questions about basics name and address info. Past that ask for a lawyer. 40 years since my time at the police academy, but hope that hasn’t changed. 👮🏻♂️👮🏾♀️👮🏼
Underrated video! Excellent information all should be aware of. 👍
Thank you for your content far too many people do not know their legal rights specifically their first fourth fifth and 14th amendments. Thank you so much for your contact and the information you’re providing.
You're to far from mic.heard only bits and pieces of info.
Too far. Lol