Probable Cause & Reasonable Suspicion in Traffic Stops- Criminal Attorney Explains
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- čas přidán 20. 08. 2024
- - Hey, guys, this is Adam Feldman with The Feldman Law Firm. What I want to talk to you about today, we're getting a lot of questions about the difference really between reasonable suspicion and probable cause as it relates to the criminal world, more specifically traffic stops, but it does bleed into different aspects. So, I wanna kind of cover this in the best ways so that anybody else who's not a lawyer can understand it. And the problem is that the difference between the two is actually, it's a very, very thin line. There's not that much of a difference between the two when considering what's what. The way it really breaks down is reasonable suspicion is the lowest level of a legal standard where police can really do anything. And the idea is that it's associated with a stop and frisk. So, reasonable suspicion is nothing more than an articulable suspicion, so it's not a hunch. When you think of a hunch, you're just saying, mmm, that guy looks like he might be up to no good. That doesn't count for reasonable suspicion, it's just that little step more. So, I mean, the cops will incorporate a whole lot of information that most of the time, really, is bogus, but for example, you're in a quote unquote "high crime neighborhood", which to most of us means nothing, that could be my neighborhood that has since then been branded by some police officer as high crime, and therefore, they now have that reasonable suspicion to do what? To stop you, they can stop you and say, "Hey, man, what's going on, what's happening here?" Now, at this level of reasonable suspicion, that's really what allows the officer to start saying, you know, I wanna frisk you, I want to check you for drugs, something to that effect. So, it incorporates the totality of the circumstances, it's based off of an idea but something that this police officer has to be able to articulate. High crime neighborhood, the individual potential suspect is looking suspicious, sweating a lot when you're in the middle of the winter, you know, just because the police came up, eyes darting back and forth. These are things, I mean, I haven't described anything that's criminal, but this is all reasonable suspicion that the police officer can articulate when it comes down to stopping you. And when that stop takes place, they then have the ability to arguably frisk you, check for drugs, check for firearms, what have you. But the biggest question here for anybody who is subject to a reasonable suspicion, frisk, or stop, or anything like that is am I being detained. That should always be the first question because just because a police officer interacts with you, just because a police officer comes to you and says, "Hey man, what's going on?" Or "Hey, can I check you for drugs," or "Hey, do you have a gun on you?" These are simply questions. Police can go around the neighborhood asking people questions. It doesn't mean that you have to comply. So, with reasonable suspicion, this gives them that next step to actually detaining. So, it's very important for anybody who's interacting with police to very politely, and very calmly, ask, "Hey, am I being detained?" If they don't answer the question, you are not being detained and you can walk away. If they tell you that you are being detained, well, the best advice is to comply. Because if they are detaining you, and then you start running away, giving reason for chase, you're really only going to compound the circumstances and probably put yourself in more trouble. So, reasonable suspicion is articulable facts that allow this officer to really just stop you, quote unquote "detain you", ask you some questions, frisk you even, check for drugs, weapons, or any criminal contraband. After, and this is really important, reasonable suspicion alone, you cannot arrest somebody. That's probably the biggest distinction between where we're going next which is now probable cause. So, reasonable suspicion, you can walk up to somebody, frisk, ask questions, but you cannot arrest on reasonable suspicion alone. Then we move to probable cause. Now, this is where things can start getting a little hairy for the suspect because at the time of probable cause, now we're really invoking the fourth Amendment of the United States Constitution.
The Feldman Law Firm, PLLC
3200 N Central Ave # 1850
Phoenix, AZ, 85004
(602) 540-7887
www.afphoenixc...
This is the best video on this topic that I've found so far. Thanks. While it's a hard thing to explain, nobody else was able to help me wrap my head around the whole concept of Reasonable Suspicion and Probable Cause.
If you're being detained the best advice is to refuse to answer any questions and request a lawyer. At that point all questioning has to stop until an attorney is present. Don't just roll over and cooperate. Be polite exert your rights by refusing to answer any questions beyond you identification. Keep your mouth shut. Refuse a search attempt as well.
Lol
The problem is the law is vague and causes conflict between citizens and law enforcement. Cops often lie and don't know simple laws like trespass, 1'st, 2'nd, 4'th and 5'th amendments, etc.
Reasonable suspicion is when something is so obvious that any reasonable person would suspect that crime is afoot.
Probable cause is when it's not obvious to everyone but a trained officer could observe the totality of circumstances and suspect that crime is afoot.
The law has perverted Terry v Ohio to make reasonable suspicion mean whatever they pull out of their ear.
You hit it on the nail.
The law hasn’t perverted the doctrine of RAS found in Terry….
Piss poor police training has led to the perversion of understanding!
That and the fact that police departments go out of their way to hire bullies and the uneducated and easily manipulated.
Sir, I am sorry but, in your video at 5:32 you said police can not ask you to get out of your car simply because they pulled you over. That is incorrect. US Supreme Court decided in Pennsylvania v. Mimms that the police could tell drivers to exit their vehicles as long as it happened during a reasonable traffic stop. This is for protection of officers and it does nothing more than cause a minor inconvenience for the violator or passengers. (Maryland v. Wilson applies to passengers being ordered to exit the vehicles as well.) Probable cause and reasonable suspicion have absolutely nothing to do with having occupants exit a car.
Deliberately vague laws are the main reason for resisting arrest. Even if the person is found not guilty in court, it leads to stress and financial loss for the accused. The public cannot be expected to follow laws that officers often don't even know.
Pigs are in the slaughter shop.
. ... Right now.
That what happens when you elect lawyers to be law makers.... It's virtually a given that they are going to write laws in ways that can benefit themselves and / or their colleagues.
@@CJ-ty8sv True that, it is about creating work fabricating legal jobs, not making just laws. A Lawyer is just a contractor with a little more education on average.
These cops don't even know how to arrest someone without beating them to literally......death. Unfortunately it's true.
Zero-tolerance enforcement is always practiced on the tax-paying civilian middle-class. Real criminals such as thugs and thieves have more rights than we do, and often beat all charges.
Love the help and advice. I can’t agree with the no music part though. I’ve built some great mental fortitude and not gonna lie, music helped A LOT.
Roswell police were advised that a vehicle not belonging to anyone in the neighborhood had been parked in front of a house for thirty minutes. It was late at night, 11:30 p.m., when an officer observed two males in the vehicle. Because of recent burglaries, he asked both people for ID. The driver was cooperative. The passenger gave his name and address but refused to give the officer his ID. He was charged with obstructing. State v. Hudson (2007). Was the officer correct arresting the passenger for obstructing? (no) The officer had a generalized suspicion about the situation. But he didn’t have an individualized reasonable suspicion that Defendant was committing or had committed a crime. The two subjects were sitting in a car, legally parked, and not involved in any criminal activity. In a situation like this, where the individual refuses to provide identification, and no individualized reasonable suspicion exists, that’s the end of the story. We cannot charge concealing ID or obstructing an officer. Conviction reversed.
Finbar Martin:
Well done.
What's stopping the officer from making up a story that ultimately results in officers word verses the passenger's word?? Doesn't the officer get out of falsifying arrests with made up bullshit and because of a sworn oath will 95% of the time be believed by judges and prosecutors???
That is why most agencies are niw requiring their officers to wear body worn cameras. Dependent on the state as long as you provide an officer with your true name, date of birth and address and DO NOT falsify it in any manner you should not have to be require to show your ID. Now this point is a bit moot for most states in which a person is operating a vehicle in which most states require you to display your driver's license to the officer per the state's transportation code. Dependent on state, passengers of vehicles may refuse to ID or display their ID, but they are still considered detained for that traffic stop. As long as the passenger does not give any false information about who they are during the detention they are fine.
@@cmash transportation codes are all commercial codes, means only applicable to commercial drivers, being paid to drive in commerce.
@@bornfree3124 Found the sovereign citizen. You're wrong bro.
So you're telling me that if I'm sitting in my car on a public roadway and an officer approaches me and wants to see ID.. He can and he says reasonable suspicion is because it's a high crime area.. You're saying he has the right to detain me legally and that qualifies as reasonable suspicion? I disagree..
He’s not saying that… your example will allow you to not engage or engage with the officer. If you tell the officer you didn’t want to communicate with him, it’s perfectly legal. Also, if you provide your Id to confirm who you are that’s fine too. However, if he vets your id for outstanding warrants, then that’s an investigatory stop, which requires reasonable suspicion based on the totality of facts and circumstances.
If the pats you down, such action also requires reasonable suspicion that you’re armed with a weapon based on the totality of facts and circumstances.
What if the officer thinks a vehicle that's in a high crime area, or on the same street as a known drug house? Does that qualify as long as they tie the reason for being pulled over to a traffic violation. Its common for them to make up, or find any reason to pull the person over. Such as window tint, loud exhaust, tire being on the line at stop sign, etc. Would the prosecuting attorney have to prove the reason for the stop was justified in order for any evidence to be used against the defendant?
@@mateobaysa2055 And In my state Alabama The cop Can pat you down but can not manipulate anything in your pockets, My father is a retired Traffic Sgt and he told me that. but he also said that Profiling is Ilegal but He couldn`t do his job if he wasnt profiling, which means There just twisting words up and not saying the Word Profiling and I think thats the Biggest POS thing Cops do dailey, its like saying Humans Shouldn`t judge people and its wrong but Everyone does it because your stupid if you don`t do it. Just Don`t voice your suspisions or what you think and its all good I guess?
correct me if i’m wrong, but i’m not a lawyer and work in landscaping . He did a great job explaining. I’m not that smart, but I think if you are just stopped in the middle of the road for no apparent reason stopping traffic lol the police can legally detain you and probably issue you a ticket, however, at that point it’s only civil and no crime has been committed and he is not suppose to order you out of the vehicle and check you for weapons drugs etc . Just based on what you saying . I think that’s what the lawyer is trying to say . I think i’m right ??
On a traffic stop if you don't give consent to a search the cop will just call a k-9 and then 1 the dog will either false alert are 2 the Handler will Q the dog to alert are 3 the Handler will just straight up lie about the dog hitting if a cop wants to search he is going to search it doesn't matter what the reason for stopping you is it could be the smallest thing
I recently was pulled over by police... I politely asked why I was pulled over.. and the officer said that I did not look 85 years of age as the car was borrowed and I am under his insurance as a Driver , wtf, just happened to drive his car to store as my car was in shop getting new tires mounted..
This just happened to me a few days ago. We were pulled over for speeding, supposedly 79 in a 70. Then cop claims that our out of state tags were covered illegally, which is not true. He claimed you couldn’t see the issuing state. 😒 Had the driver get out, asked us both a series of questions about our relation to each other, where we’re coming from, going, etc. Then he told the person driving (my vehicle) that he was going to bring the dog around the car. She said OK, without my knowledge. He claimed the dog hit on marijuana which is legal in my state. But there was no marijuana, no drugs, no reason the car would have smelled like it. He asked me if any illegal drugs, weapons, large amounts of money. Nope. They searched my vehicle and found nothing. They actually disconnected my dash cam AND took my memory card from it. Calling tomorrow to discuss with a supervisor bc I know they cannot tell us that we can’t record them, and to disconnect it is one thing, but to take my memory card and not say a damn thing about it? You know damn well you lied through your teeth on several things and didn’t want us to have proof of that. Smh
Did anything ever come of this?
@@doofsdoofs no, I never got around to making contact with the supervisor. Wish I had, but the time difference and my busy schedule didn’t allow for it. Tried to submit something online, but it wouldn’t submit, so I gave up.
Start a fire. If everyone did the same, these clowns may back down. I'm filing an official complaint today, through a city police agency, an affidavit that claims the officer used tort against my consent and will to gather what he needed to issue A STOP SIGN VIOLATION. WTF. LOL. I ride private, no plates, no anything. I told him I was not commercial and not for hire. Immediately. Then invoked my right to remain silent. Through this, his only option would be to use a tactic to get me to subdue. TORT
I had gotten pulled over this day last week on my way to work.The cop claimed I had cut someone off, which didn’t happen. I have front and Rear dash cam footage. He pulled me out of the car and searched everything I had all because I had a small 3inch knife sticking out my pocket. He didn’t even ask for registration or insurance. Yes I had a Gun in the back seat which was not visible. It was concealed in a backpack. Now I have a court date and it all started because the cop accused me of cutting someone off. LAWSUIT INBOUND SJPD.
@@Otis-Tank I don't understand "You ride private," what does that mean?
I told the last cop that asked to search me ‘nah man, I ain’t got no Dunkin Donut gift cards’
This is why we have so many lawyers in this country because we can't write laws or police procedures in a common sense manner that are easily understandable and not so open to interpretation. The fact that an officer can just claim he smells an illegal substance on your breath or in the car allowing him/her to violate your 4th Amendment rights is clearly a loophole that needs to be plugged, especially since the courts have determined that police have the legal ability to lie to you. There are dozens of CZcams videos showing cops using the "I smell..." claim as retaliation against people who are attempting to exercise their rights.
MY THOUGHTS EXACTLY !!! They lie to get you out of your car to be able to harrass,intimidate ,hurt or yes it has happened ,kill you !!!!!! If you know you haven't drank alcohol ,used drugs ,I would remain in the SAFETY of my car !!! If I err it will be on the side of my SAFETY not the cops !!!! Too many rogue cops out there to trust them !!!!! DOORS LOCKED ,WINDOWS UP !!!! A simple road stop , all transactions can be done through the window !!! Right !!! I'm not placing myself in harm's way if I might encounter a rogue cop !!!! If you know your innocent of any alcohol or drug use ,let them bust your window to forcibly extract you and somebody will lose his job with you getting a settlement !!! Use a little common sense here !!!!
Larry Lamb if an officer has lawfully pulled you over they can order you out of the vehicle and you do have to comply with that. It’s not a request, you have to. See Pennsylvania vs. Mimms SCOTUS ruling. You & the passenger even, have to get out if ordered out during a lawful traffic stop.
@@larrylamb3480 if you know your innocent...get out
@@jwhome9319that's not the point
Reasonable suspicion is not enough to for a mandatory I.d. correct ? meaning they cannot articulate any law I've broken so no I'D.. suspicion, acting weird, acting goofy, acting unusual, anti social, acting different is NOT against the law.
The Police may ask you for id in an attempt to allay their reasonable suspicion, and about half the States have passed State Statutes that mirror the Terry Decision that require you to produce id or id yourself. The Terry Decision basically says if the Police reasonably suspect that you have committed, are committing OR ARE ABOUT TO COMMIT a crime they may stop you (detain) and ask you who you are and a reasonable explanation of your conduct. Further if the Officer reasonably suspects you are armed he may perform a limited frisk for weapons not drugs. However if the Officer detects something that is discernible as contraband he can seize it and charge you with it. Next the Officer does not have to articulate a specific crime only that your conduct when taken in totality of the circumstances would make a reasonable person (ruled to be the Police Officers) judgement believe that you may be engaged in criminal conduct.
The reasoning these State actors / revenue collectors ask or demand for a ID. is to try to find a pattern of criminal activity so they can base their investigation around that particular situation. and when they run you private information for warrants. is when they revenue collector comes into play. because you you are worth money to the system that you have to pay a ransom fee to be free.
@@baseballlife5884 Sorry but your period is definitely the wrong punctuation mark. You are a clueless idiot..PERIOD. However the majority of States do have a stop and id Statute, where refusing to provide one's identity is a separate crime. In addition another batch of states, although there is no Stop and Identify Statute, you can be charged with an obstruction type charge for refusing to do so. As far as Texas, you are correct, however the Texas law was an oversight in an attempt to fix a bad law that was ruled unconstitutional. Texas also has a law that you can be arrested based upon reasonable suspicion (a much lower standard than the usual probable cause) of criminal activity in certain circumstances. So that throws it right back that in that situation you can be arrested for what you normally only can be detained for, based upon only reasonable suspicion. So rather than detain you, the Texas cop arrests you and now you are required to id yourself. Do some research outside of what you think you know from CZcams before you remove all doubt of your stupidity.
One more question, If police are trained to lie to you, and are in fact allowed to lie. Are you allowed to lie to them as well
NO, we the people are not allowed to lie to the police, you can and most likely will be charged for lying to them, they can lie to us, which makes me not trust any police, they lie on police reports all the time and when they are on the stand and asked about a lie or wrong information on their report they say "oh that was a mistake", i seen them do this, it should qualify for perjury.
Great job! I'm showing this to my high school class.
My family member hired an attorney. Then the attorney charged her account for a 10 min phone 📞 call 😩 that was crazy 😂 the 4,000.00 retainer ran out pretty quick . Can you imagine having just 5 cases . you could probably retire in a few years being an attorney .
I pass a Parks and Recs police on a dead end road, I have had more than my share of being pulled over and I always knew why, My observation of this officer is he didn't turn around for at least a 1/2 mile concidering where we passed and how far it was to the lake and last parking lot. As I was parking, My friend observed the police had turned around and are now parked, this is around 800 yards away. He doesn't pull me over, and I stop here regular with My dogs. So I'm out of my truck with my dogs when he's ready to talk. I think he beyond taking his time to turn around
For being an attorney he explains reasonable suspicion very poorly
This guy is a tool who made numerous mistakes.
I file formal criminal charges statue or articles for the abuse of power and official misconduct
I totally agree tell him shut up how do I keep the cop away from my care
I understood it perfectly but maybe bc I'm in law school I actually thought he explained it better than my law professor!
I would just file a motion remove qualified immunity for the purpose of prosecution file formal charges or continue with failure to prosecute take your fucking pick idoot
You said in regard to a traffic stop and you are automatically detained in every traffic stop.
Yes, the detainment starts when your vehicle stops.
This article examines the Supreme Court's decision in Mimms v. Pennsylvania, which allows officers to order the driver from a lawfully stopped vehicle; examines the Supreme Court's extension of this authority to passengers within the vehicle, decided in Maryland v.
We need more videos like this. Thank you to all the professionals of law who help citizens like us understand
Isn't it reasonable suspicion "that a crime may have been, is, or is about to be committed"? How does a civil or traffic infraction allow an officer to demand identification. Especially in non stop and identify states?
I turned off his video right when he said that.
Have you done a detained vs arrested video yet? Thanks
When the lawyer says “reasonable suspicion is where the cop says hold on I’m gonna check you for drugs” ... does this guy not know search a seizure? You can’t just stop and check for drugs on reasonable suspicion. You can check for WEAPONS, IF you also have reasonable,e suspicion that a subject is armed with a weapon, gun, knife, etc. AND IF you feel an object that is consistent with contraband that is felt without further manipulation, it could be seized as well.
for a lawyer this is just sloppy bad information for someone that doesn’t know more... can we get a BAR check? What’s this guy specialize in elder law and not know criminal law?
Guess it depends on your state....but the US Supreme court says an officer can order a driver out of the car or to stay in the car at his discretion without "articulable" reason.
Nobody should be listening to J Whome. Remember what Benjamin Franklin says we have a Republic if we can keep it. People need to go to the law library (every court has a law library)and pray and study instead of listening to this fool. J Whome tries to act like he knows what the United States Constitution was based on, and he says not the Holy Bible, and he knows the law. Remember If Congress or your state legislative (public servants) made the laws over the people of United States of America you would not need the constitution. J Whome says the Constitution does not come from the bible but these men do not agree with him.The first and almost the only book deserving of universal attention is the Bible. I speak as a man of the world…and I say to you, “Search the Scriptures.””- John Quincy Adams, Sixth President
“That Book, sir, is the Rock on which our Republic rests.” - Andrew Jackson, Seventh President
“In regard for this Great Book, I have this to say, it is the best gift God has given to man. All the good Savior gave to the world was communicated through this Book.” - Abraham Lincoln, Sixteenth President
“Hold fast to the Bible as the sheet anchor of your liberties, write its precepts in your hearts, and practice them in your lives. To the influence of this book are we indebted for all the progress made in true civilization, and to this we must look as our guide in the future. Righteousness exalteth a nation but sin is a reproach to any people.” - Ulysses S. Grant, Eighteenth President
“If you take out of your statutes, your constitution, your family life all that is taken from the Sacred Book, what would there be left to bind society together?” - Benjamin Harrison, Twenty third President
“The Bible is the one supreme source of revelation of the meaning of life, the nature of God, and spiritual nature and needs of men. It is the only guide of life which really leads the spirit in the way of peace and salvation. America was born a Christian nation. America was born to exemplify that devotion to the elements of righteousness which are derived from the revelations of Holy Scripture.” - Woodrow Wilson, Twenty eighth President
“The strength of our country is the strength of its religious convictions. The foundations of our society and our government rest so much on the teachings of the Bible that it would be difficult to support them if faith in these teachings would cease to be practically universal in our country.” - Calvin Coolidge, Thirtieth President
“We cannot read the history of our rise and development as a nation without reckoning with the place the Bible has occupied in shaping the advances of the Republic. Where we have been the truest and most consistent in obeying its precepts, we have attained the greatest measure of contentment and prosperity.” - Franklin Roosevelt, Thirty second President
“The fundamental basis of this nation’s laws was given to Moses on the Mount. The fundamental basis of our Bill of Rights comes from the teachings we get from Exodus and Saint Matthew, from Isaiah and Saint Paul…. If we don’t have a proper fundamental moral background, we will finally end up with a totalitarian government which does not believe in rights for anybody except the State!” - Harry Truman, Thirty third President
“Inside the Bible’s pages lie all the answers to all of the problems man has ever known… It is my firm belief that the enduring values presented in its pages have a great meaning for each of us and for our nation. The Bible can touch our hearts, order our minds, and refresh our souls.” - Ronald Reagan, Fortieth President. THIS IS NOT THE QURAN THEY ARE QUOTING.
@@davidlaw770 ....and the Constitution does not quote anything from the Bible.
@@jwhome9319 How would you know you don't know anything about the Holy Scriptures or the history of this country and the influence of the Holy Bible.I told you JWhome just because you do not believe do not mean is not true. Go study and pray because i am not given you no Information. Like this stupid doctrine you have adapted because you follow the men that work for the government, you think public servants can tell you what to do so please you know nothing only what the people that work the government wants you to know, you J Whome are a slave to the public servants.
Matthew 10:14
King James Version
14 And whosoever shall not receive you, nor hear your words, when ye depart out of that house or city, shake off the dust of your feet.
@@jwhome9319 This free one INFLUENCE Authority, credit, ascendance. black laws Dictionary
@@davidlaw770 I know lots. and the bible is not part of the US Constitution...by design and on purpose
I have an experiment... now police officers have right too...so this would have to be done under a terms of employment exemption...Give 1000 K9 cops randomly and without warning a lie detector test and simply ask them two questions.1)Do you have a secret signal for your dog so that he will indicate on a car that there are drugs? 2)Have you ever used it to illegally search a car? If we are honest it is likely that the result would be a horrible failing grade on top of the dogs themselves already getting a failing grade. I am aghast that after testing was done showing your average K9 police dog is only about 52% accurate, that the supreme court said 52% was good enough. 52% was a failing grade on every test I have ever heard of.
Ok. Soooo please answer. When a cop stops you either on a stop and talk or shows up because of a “call” is suspicious enough to force an id cookie? (They constantly are asking for it like it’s a treat.) A traffic stop is a whole Nother animal. Your driving, when you get your id your required to provide id for the traffic stop. Suspicious isn’t a crime.
I had a few drinks 🍺. Ok more than a few. I got stopped. The officer told me to get out of car to do test I told him no he arrested me for dui even if i didn’t do the test ???? wtf
How about when you don't want to answer quesions and they say that gives them RAS?
What if your detained in handcuffs? And they don’t even tell you why they’re handcuffing you or why they’re detaining you I was in a swat raid a guy that had a complaint warrant and probably cause I happen to be walking to buy purse when they made entry I thought it was two gunshots and I thought the guy was being robbed. I hid behind a bedroom door because I thought there was an active shooter in the house and it turned out to be police. The guy that I was buying a purse off of had a complaint warrant, and probably cause, they searched me two times they put me in handcuffs, entertain me for three hours and later found out it was flashbacks not gunshots. It was an awful experience to be in a no knock warrant. The cops treated me like a criminal and I have no criminal history at all never been arrested before my life and I’m 52 years old. This was extremely devastating on my mind because when the cops went behind the door, they wrapped it took AK-47s on my eye and face, and the cop got stunned, and he held the gun there for a little bit on my eye and then said hands up on me and cut handcuffs. They never told me anything that they were cops or nothing. They did find drugs in the house meth and I had nothing to do with it. I didn’t even know the guy had drugs in the house cause I had just met him to buy a purse. He was selling online.
I was pulled over for braking to hard. Going to slow but the light was red.
You said they can't pull you out of your car without reasonable suspicion, but..
Pennsylvania v. Mimms
Mimms, 434 U.S. 106 (1977), is a United States Supreme Court criminal law decision holding that a police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the United States Constitution.
Since police have no duty to articulate to a "suspect" any reasonable suspicion (or probable cause), in public or while driving, typically it would be best to identify yourself and then quietly ask: "I am being detained? ... Am I free to go?" Try hard to stay quiet and calm. In your own mind remember that you have no duty to explain yourself or speak further. Doing so tends to cause problems, only for you! (Maybe ask for names and badge numbers.)
Legally under the supreme law of the land the constitution no law enforcement officials should be arresting (seizing)any American citizen without a legal lawful search warrant,and no citizen should be seeing the inside of any jail or prison unless they have been found guilty by a public trial by a judge and jury first.
Pennsylvania v. Mimms It is reasonable for an officer to ask a person to get out of a car after being detained for safety reasons. A search is also justified if the officer sees a bulge that could potentially be a weapon. yes, a cop can ask you to get out of the car while being detained.
Good advice there !! Is there any video on what to do when cop come to you in a private parking with no reason like Walmart ...
Police powers only can be used if there's a crime being committed or has been committed when on private property, from what I've learned.
Why does this guy keep saying you can use a frisk to search for drugs or contraband? From what I understand, a frisk is limited to looking for weapons only. What am I misunderstanding here?
I believe, tho I may be misinformed, that there seems to be a missing KEY element .. "OF A CRIME that has, is, or may be about to happen" with the operative word 'CRIME' being necessary in the application of the legal concepts 'probable cause' and 'reasonable suspicion' when it comes to Officers legally acting towards someone?
We can all be 'suspicious' and we all can have 'reasonable suspicion' BUT of a crime demands articulable FACTS?
Or have I misunderstood that basic idea? Many thanks
Can a cop put a person in handcuffs during a Terry stop or just suspicion, not reasonable suspicion?
Reasonable suspicion seems to be enough to arrest someone on mental health grounds (no crime required, maybe just a phone call) Note the few rights to a lawyer in "civil" cases like this. Plus hospital costs accrue.
NO INFORMATION.... means that the officer doesn't know anything about the location of evidence linked to a crime or the person who committed the crime.
HUNCH..... means that the officer has a gut feeling that something is not right, but the officer cannot point to any specific facts; it is something like intuition.
MERE SUSPICION.... means that the officer knows a minor fact, or has some larger fact that came from an unknown or unreliable source that suggests that evidence may be located somewhere or someone has committed a crime.
REASONABLE SUSPICION... means that the officer knows several minor facts, a large fact, or a large fact from a source of unknown reliability that points to a particular person engaging in some criminal activity.
PROBABLE CAUSE... means that an officer has enough evidence to lead a reasonable person to believe that the suspect has or is about to engage in criminal activity or that the items searched for are connected with criminal activity and will be found in the place to be searched.
PREPONDERANCE OF THE EVIDENCE... is the amount of evidence needed to be successful when suing in a civil case.
BEYOND A REASONABLE DOUBT... is the highest amount of proof and is required to convict a person of a criminal charge.
www.nmlea.dps.state.nm.us/legal/documents/Laws_of_Arrest-Part_I.pdf
Finbar Martin, that's a very good list of difference, I must jot them down, very meaningful.
Finbar you just broke it all the way down and had me laughing all the way through it too although it's not funny at all.
But good job on your post.
All examples are vague, ambiguous and open for interpretation. Of course coming from a lawyer about DUI its a shocker...smh
One who is not a cop could never it all out, yet and attorney will post scare tactics as a hopeful retainer fee...ur not a cop, do what the cop says, then co.p.plain later if need be
What ever happened to the right not to self-incriminate. ??
nothing. you dont have to say anything. but if you say nothing...there is nothing on your side the cops will consider
You can incriminate yourself if you want. You have the right
Stop and frisk is literally a search of your person. Why is an officer allowed to do that on reasonable suspicion?
Can reasonable suspicion be registration pass due by few days or police computer not finding your drivers license and police strongly says you have no drivers license when you do but it's not with you and you give him state ID
My question starts with a hypothetical situation in which I have a medical marijuana card. Let’s say I ingested thc and then maybe 10 hours later I drive a car. If I get pulled over for speeding and I don’t have any trace of marijuana in or around my car, is that probable cause for a dui arrest? This is also considering I could possibly have 2 marijuana DUIs on my record.
what if the person has tented windows on vehicle . the driver very slightly roll window just enough to give offficer drivers license . is person required to roll down window?
Question I have a jeep that bought and been working on apparently it didn't have a license plate and it has a busted ignition key ....but it's registration is still good .....would the busted ignition key be a properble couse
I do not get the last part that we are the one giving them probable cause by doing the test and we do not have to. Can you clarify . Can we deny the test without legal consequence?
Yes
He was speaking in the sense of someone who was impaired
If they say they smell alcohol which can be made up can they lawfully demand you get out of the car?
Yes
A long time ago I used to buy a highway patrolman's lunch when he'd come in. And one time after work he showed me how he could "find probable cause." I didn't have near what I have now back then but I could tell he had some issues of his own. That is not the only police officer that has shown me some of those things. *Mr Miller once showed me how accurate he could guess a vehicle speed. He'd give an educated guess and then he'd back it up with radar. He was always pretty close. I can guess a speed pretty closely too. A Carthage police officer showed me that same thing years ago,.. the more I think back the more I remember.
Apparently he has never read the Text of the 4th amendment or amendment 14 section 1,or article 4 section 2 paragraph 1 of the united states constitution supreme law of the land.
So if a game warden just decides to do a safety check is lawful? Despite the open sea rule is kind of a grey area. They say they need to check your safety equipment and and check your registration. The tags are on the boat and you haven’t broken a law yet they stop and search uou. Basically because your on the water they say it’s enough to detain you and search you.
No legal lawful search warrant then it's unlawful illegal, game wardens/park rangers are state and federal officials therefore they are bound under the warrant clause.
When someone is on foot walking 🚶♂️can an officer arrest you on disorderly conduct or obstruction of justice for not answering their questions or for not wanting to provide ID?
depends on your state but if your state requires you to provide ID when a police officer either detains your or arrests you then yes you can be arrest you for that. But it wouldnt be disorderly conduct.
Legally constitutionally no. You are protected under the 5th amendment remain silent and not incriminate yourself, and your ID/license is your papers protected under the 4th amendment warrant clause.
Claim and exercise of a constitutional right cannot be converted into a crime.
Miller V. US 230 F. 2d. 486,489.
Sue them personally and officially in a federal court under 42 1983,1985 for violating your 4th,5th,14th section 1 constitutionally protected rights(liberties, privileges, immunities) and bring criminal charges against them in the court in violation of title 18 U.S.C. section 241 conspiracy against rights, title 18 U.S.C. section 242 deprivation of rights under color of law, title 5 U.S.C. section 7311 Ex. ORD. No. 10450 subsection 5, title 18 U.S.C. section 1918.
Don't a crime goes along with probable cause. Without a crime you don't have probable cause, yes or no?
What if I have someone attempting to say I am crazy so they can ignore my physical health
Pennsylvania v. Mims states that you can pull someone out of the car for traffic stop regardless of it do you have probable cause if it is for your safety. This is because the safety of the officers is greater than the slight inconvenience of having somebody step out of their car during the traffic.
Can a cop legally lie about a drug charge. For an excuse to search?
@@rebeccacostello86what do you mean? Lie about RAS to search a vehicle? If youre worried about this, record your interaction. Its hard to disprove something like odor in court so a cop could say they smell such and such and it would be difficult to disprove. Yes, a cop lying about RAS is a violation of the 4th amendment.
So, here's my question; frisking someone would be a type of search, right? And the 4th Amendment says that we should be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, so then frisking someone upon 'reasonable suspicion' would, in fact, be a violation of the 4th Amendment.
@thefeldmanlaw does a "call" cops said, constitute probable cause?
How can a Civil matter be placed within the same class as Criminal? You said a cop can stop and detain you for a civil matter then get probable cause… I have never seen a supreme courts opinion regarding reasonable suspicion and probable cause mention Civil activity. Only criminal elements can give rise to a seizure. So in states where traffic is civil almost every stop is an illegal violation of ones protection against illegal searches and seizures. Everything done at the stop is fruit of the poisonous tree. Right or wrong?
Or he claims he smells alcohol when you have never consumed alcohol in your entire life. True story.
They will lie. Has happen to many.
Great video thank you very much.
I got arrested for DUI. I was drinking not drunk and I kinda went over the line a few times according to police I refused to speak to him and refused the exercise and only gave him my drivers license. HE TOOK ME TO JAIL ANYWAY . He didn’t have probable cause to me he only had reasonable suspicion I didn’t speak 🗣️ to him. I rolled down window and he said he smelled alcohol. He arrested me illegally.
So what happened in court?
@@myothercarisadelorean8957 probation
@@myothercarisadelorean8957I got probation
What if nothing is found
This lawyer doesn’t know. Search (pat search) can be done on a vehicle stop with reasonable suspicion.
Read Supreme Court case law counselor.
I tried that one,slightly rolled my window down, handed out my license and put my hands on the wheel,the police broke my window and pulled me out of the vehicle.
Sue him personally and officially in a federal court under 42 1983,1985, and press charges against them in the court under title 18 U.S.C. section 241 conspiracy against rights, title 18 U.S.C. section 242 deprivation of rights under color of law, title 5 U.S.C. section 7311 Ex. ORD. No. 10450 subsection 5, title 18 U.S.C. section 1918,And kidnapping.
@@dragonf1092 I was dragged out of the car and arrested after consuming 3 beers in a 2 hour period and charged with drunk driving,there was no blood or breath test performed,they put me down as a refusal even though they never offered me a test of either kind.
@@eastside0434 then they had no legal evidence therefore no legal case. They had no legal warrant to search or seize your person,or effects (personal property) therefore unlawful search and kidnapping.
@@eastside0434 did you demand your 5th amendment right to a trial by jury? They had no physical evidence proving you guilty only hearsay.
@@eastside0434 then they violated your 4th amendment right because they had no legal lawful warrant, they violated your 5th amendment rights to remain silent and not incriminate yourself, and you're 5th amendment right to a immediate public trial by jury. And your 10th,14th section 1 amendment rights to travel, and be free from government intrusion.
Thank you
High frequency radio explains how to file a commercial lien on public servants when they violate you, if more people started to lien them things would change.
You mentioned in your video to comply with police for ( traffic) asking for you to step out of car.. even though you haven't broken any law.. and what if you have lowsy balance (vertigo)...
Explain that to them, have a medical card describing your condition, and try and be calm and polite as possible when explaining.
!!!Why do you have a picture that is placed on the wall at an odd angle?
01:38 Now, at this level of reasonable suspicion, that's really what allows the officer to start
saying, you know, I wanna frisk you, I want to check you for drugs, something to that effect.
!!!Frisking (limited for weapons) and searching for drugs require TWO DIFFERENT levels of suspicion.
Just because some has been stopped, doesn't mean they can be Frisked, and it CERTAINLY
doesn't mean you can be searched for drugs.
!!!Frisking REQUIRES separate RAS that the person may be "armed and dangerous"
02:28 And when that stop takes place, they then have the ability to arguably frisk you,
check for drugs, check for firearms, what have you.
3:55 So, reasonable suspicion is articulable facts that allow this officer to really just stop
you, quote unquote "detain you", ask you some questions, frisk you even, check for drugs, weapons,
or any criminal contraband.
04:39 now we're really invoking the fourth Amendment of the United States Constitution.
We are all free from search and from seizure, to be secure in our person or houses, papers,
effects, are all those things associated with the fourth Amendment, and we have that freedom.
!!!Your prior statements have already thrown the fourth Amendment out of the window. If cops
can "check you for drugs" or "any criminal contraband" then YOU HAVE NO 4TH AMENDMENT RIGHTS.
05:33 They can't ask you to get out of the car simply because they pulled you over.
A lot has changed since you made this video, THEY CAN AND DO ask you to step out of the car.
06:16 Asks you some questions, you're now talking and he can smell the alcohol on your breath,
he can see that your face is a little flushed, or he can tell that your words sound a little slow
or slurred.
!!!NOPE. I don't have to talk. Only say, "I don't answer questions". I don't have to look at cop.
(I don't drive with alcohol in my system, but 'not talking' is always a good thing.)
06:48 He's got that reasonable suspicion that you might be committing a DUI.
06:52 You get out of the car and he starts doing these tests, the eye test, you know where
he's got that pen [flashlight] and you're supposed to follow it with your eyes.
!!!NOPE, DECLINE to do FST.
Excellent video, does anyone know what direction I need to rereach when a officer or county clerk can run my name for warrants. When you get your car inspected they ask for your Driver's license then go do a National Database Search for warrants. I'm only at the sheriff's office for a VIN verification.
Uhhh...don't do that if you have warrants?
@@adamchristensen8566 don't do what? And I don't have any warrants. But why are they checking me for warrants, for a car vin inspection?
@@raworthyel3786 they just do it to find an easy arrest
@ The Feldman Law Firm. What about my situation that happened the other day. I literally left my house in the country, peaceful neighborhood, not known for crime. Within one minute of walking from my house to my uncles house, I was walking on the right side of the road, I have no criminal record, wasn’t opening carrying any weapons, I was pulled over by a police officer and started be questioned what I was doing and he even ran my license but lucky my grandma drove by and started asking what was wrong and he let me go. I think this was wrong personally based off watching your video.
you would have no way to know what the cop knew when he stopped you.
What if the officer thinks a vehicle that's in a high crime area, or on the same street as a known drug house? Does that qualify as long as they tie the reason for being pulled over to a traffic violation. Its common for them to make up, or find any reason to pull the person over. Such as window tint, loud exhaust, tire being on the line at stop sign, etc. Would the prosecuting attorney have to prove the reason for the stop was justified in order for any evidence to be used against the defendant?
In some states its harder for the defendant to request body cam evidence because their local records office deny it under federal law rule 16 (a)(2). How would the defense prepare without this crucial piece of evidence? What options are available if both the dashcam and bodyworn camera footage is denied to the defendant for use in preparing their case?
Hello. In my case, they found no probable cause, yet, they asked me to " sign a Stipulation of Probable cause." Can a judge do that ?
Let me guess you signed it😂🤣😂
Never sign anything saying you are giving up your rights.
And if you do sign anything always sign U.C.C. 1-308 all rights reserved with prejudice right behind your signature.
Looking suspicious is not reasonable suspision for a search in and of its self.. According to this guy you could be searched for anything, he could be a cop with this advice.. Supreme court has already ruled on this..
But officers can order you and passengers out of the car (or to remain in) for any reason or no reason at all.
The supreme court has ruled that location alone (high crime, high drug area) or suspicious person + high crime/drug area is not enough on its own to warrant probable cause. The officer must have something with the location like someone called and reported you or pull over for speeding.
There is also a difference between a consentual conversation and making a investigatory stop. During a consentual conversation the officer can not frisk you even to make sure you don't have any weapons on your persons. During a consentual conversation you don't even have to acknowledge the officer or say 1 word to them. If the officer elevates the encounter to ivestagatory stop. Usally starts out as a suspicion person but doesn't have enough for reasonable suspicion or probable cause the officer can perform a terry stop. The officer can frisk you but only looking for weapons for "officer and your safety" but this frisk does not give the officer permission to enter your pockets.
Officer safety is the cowardly way of policing considering they are most often better armed & protected by body armor. It is a violation of our rights regardless what the Supreme Court says about it. They got this one wrong in Terry v. Ohio.
A phone call is never probable cause
Second amendment,14th amendment section 1, article 4 section 2 paragraph 1 therefore the terry stop/frisk is unconstitutional therefore unlawful illegal.
I live in California as far as I know you have the right to refuse any eye test of sobriety you might be taking to jail but without the charge of the dui please let me know if I'm wrong.. I appreciate your professionalism
You can refuse a field sobriety or even a breath test. However you may still be arrested for dui and in this case you exercising your rights may be entered against you. Also dmv will suspend your license whether you are found guilty or not.
@Richard Richard In these instances your refusal may be introduced as evidence against you.
In most states you can have your license suspended for refusing a breathalyzer but not a field sobriety test. A field sobriety test is strictly voluntary in many states and nothing can be done if you refuse it. You can deny it and request a breathalyzer test which many cops don’t have and is why they want to do the field sobriety. A blood test must have a warrant unless you consent. This may possibly change from state to state but I believe is fairly consistent across the board. Not 100% sure.
In other words police can lie.
Duh
Yes and No- They can lie to a suspect in order to obtain a confession or to conduct a sting operation. However, the police CANNOT lie in a sworn affidavit or in court- because police are not exempt from perjury. However, most of them tend not to do this because they know their work will be critiqued by the defense- This is where the private investigator comes in.
Lawrence F.: Who snitched me off copper? Cop: I cannot tell a lie...it was your wife. But, she can write you in prison and you can kiss and make up.
Crazy Neighbor: Ok copper, who snitched me off? Cop: I cannot lie...it was your neighbor Lawrence F. Do you have any guns in the house?
@@jwhome9319 Very weird guy.
@@newmexicoballer3867 Cops cant lie eh?
I thought they could only frisk you on suspicion of firearms and not contraband
Minnesota vs Dickerson. If an officer does conduct a Terry frisk, and can articulate why something in your pocket is contraband, they can seize it without a warrant.
No and Yes. No the reasonable suspicion is armed with a weapon not necessarily a firearm. Yes the frisk can only be used to find the weapon however the courts have ruled that if anything felt is immediately discernible as contraband they can seize it and charge you with it. Also the Courts have ruled that if they detect a hard container such as a hard cigarette pack which could conceal a weapon it can be seized and looked into.
Reasoable suspicion is an objective ananylsis....articulable FACTS mixed with rational inferences that would cause a reasonable person to believe that a particular crime in or has been commited by that person
Ur a super dude sir! My biggest problem, are my acquaintances in that moment. They just sheep things out with the popo.
liked the way you explained!
Probable cause will eventually lead to an uprising.
hmmm. so you support cops using NO cause instead? whats your standard? Some cause? A little Cause? No Cause? something between No cause and Some cause?
@@jwhome9319 he is a cop hater. They always make comments like that.
Great video explanation but the only thing that does not set well is when you say a cop pulls you over for a civil infraction is that is from the beginning it is a civil not criminal issue and a civil issue can never have the minimal criminal requirement of reasonable articulable suspicion of a crime because IT is already stipulated as civil. Therefore a cop seeing a person using a car that in their opinion violated some traffic code who them stops that person has made a legal determination and acted under their purported authority as a peace officer, authorized to apprehend violators of criminal actions, to apprehend and detain said person who is only possibly however unsubstantiatedly committed a non criminal infraction. Therefore by default the peace officer is violating persons rights for stopping them at all. And any ruling contrary is a contradiction to our civil rights and is unconstitutional.
In other words if a cop can detain me for a civil infraction at all can then detain any person for any reason civil or criminal which is a contradiction. Cops only have authority for criminal offense
does reasonable suspicion give them the power to see your ID?
Fourth amendment warrant clause (PAPERS), your ID, license, insurance, registration are your papers protected under the warrant clause.
I was pulled over last night because I turned off the road just after passing a cop to turn around. I had just pulled out my friends driveway an realized I left my phone so I was turning around to go get it. So he pulled me over then said my eyes were glossy an I was slurring my speech an made me get out and do a field sobriety. I passed but is that legal?
Possible RAS on the stop and RAS on the sfst. You can make a complaint but not enough info here to determine if illegal
I would simply say ALWAYS that I do not answer questions...EVER
Criminals cases always remain silent and ask for an attorney. Simple traffic ticket the more cooperative you are the more likely they're might just give you a verbal ⚠️ or write you a warning ticket. If you don't cooperate with them you're more than likely guaranteed a citation.
@@douglasshortridge4343 Agree. Traffic stops are different, as you are already ID'd.
I was pulled over for a routine traffic stop I had legal license legal insurance I asked the car was I being detained the cop told me no and then proceeded to search the glove block cuz he said I had a record for this after all that being done answers to call for 35 minutes unlock the glove box and found a controlled substance I didn't waive the preliminary hearing I'm in the state of Mississippi how long does it take for preliminary hearing from my understanding 21 days is all that they have if nothing doesn't happen in the 21 days does the case get dismissed so do I still go to a probable cause hearing
The police can not search your vehicle unless you gave permission or unless they have probable cause. A prior arrest/conviction can not be used for probable cause to search your car now. Was this misdemeanor or felony ?? If felony definitely get a lawyer even though you should for the misdemeanor also.
But if you do not comply with their tests, you will be going to jail
can probable cause be subjective?????
That all sounds fine and well. There are officers and deputies that think they can make the law up as they go. I get pulled over ,the reason being was I was in a high drug area. (My ass) I let him have my DL. And brings my passenger his id back and asks me to step out of the vehicle, I complied I didn't have to. He asks me if he can search my vehicle. Do you have a probable cause? I've complied, I'm legal, not speeding. What is your probable cause? Technically officer, you actually are breaking the law right now for running your emergency lights,what is your emergency? He sent me on my way.
damit !! I wish i could have saw this before i got arrrested !!
So if the frisk you and find nothing of weapons or drugs, can the police take your coat off by demand and throw it inside their police car with the doors shut and essentially seize your property even though your not convicted of anything?
That's a violation of your 4th,5th,and 14th amendment section 1, and article 4 section 2 paragraph 1 constitutionally protected rights (liberties, privileges, immunities) therefore illegal.
Guns are legal under the constitution of the united states of America supreme law of the land.
Technically constitutionally all drugs are legally protected under the constitution of the united states of America supreme law of the land as well. Congress has never amended the constitution outlawing making drugs illegal.
What do you mean "they can check you for drugs"? Since when can you be searched for drugs based on being in a random place? Isn't that intrusive? And if they ask you to get out of the car, shouldn't you? At that point you can be patted down right? This video seems to be incomplete. I'm no expert but I'm not sure about some of this video.
A frisk is only for weapons
So youre telling me if he tells me to do a field sobriety test i dont have to?
You don't ever have to submit to field sobriety tests. Lawyer up.
Can you refuse the circus acts (stand on one foot, say the alphabet backwards) and demand a breathalyzer, or blood test? In some states you are required to subject yourself to these tests, refusal to do so gives them probable cause, at least here in Maine.
Under the 4th amendment probable cause is to do nothing but get a warrant or go kick rocks.
This guy is in Arizona. But I expected him to challenge reasonable suspicion rather than comply that an officer has a legal right to search you for contraband. Suspicion is not a crime. Brown v. Texas, 443 US 47 (1979). Brown covers most of what this lawyer is going into. If I am in a "crime area" that doesn't give police leverage over my 4th Amendment right to search me absent consent. What crime did I commit? What crime am I committing? What crime am I about to commit? These have to be articulated. Too bad that Mr. Feldman doesn't know the constitution as well as he believed when he did this video.
Does an officer have the right to ask you to exit the car in order to pat you down for a weapon, even if there is nothing suspicious about you? If you comply to a pat down, and he does not find a weapon, can you get back into your car?
Yes. Penn v. Mimms