What Are Your Rights if You are Pulled Over in a Traffic Stop? | Learn About Law
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- čas přidán 28. 07. 2024
- In this episode, we discuss when the police are permitted to pull you over, your right to remain silent in a traffic stop, your right to refuse consent to the search of your vehicle, what constitutes probable cause for the search of your vehicle, and what to do if detained or arrested during a traffic stop. We also discuss what constitutes #ProbableCause for the police to search your vehicle, and what to do if you are arrested during a traffic stop in Illinois. #KnowYourRights #TrafficLaws
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The disgusting bit of all this is, I’d the cops violating your constitutional rights and you go to court, YOU are responsible for paying a lawyer for something illegal a police offer did during your stop.
They should make cops pay for those cases that they lose
you could sue the cop afterwards, but good idea too
It has NEVER worked like that
Thank you so much for this. I was just in an argument with someone over this. They believed that refusing to allow a search of your vehicle is something only criminals do and must be because you're hiding something, lol! I'm so glad you posted this, knowledge truly is power!
Lets make videos like this “TREND” too many ppl aren’t educated!!!
You're pic is ugly
Grate Fram can’t imagine how your face looks😂🤣
@@teeechincx5607 Remove the filter and on the stupid duck face and you'll be alright. No dude ever likes that garbage.
Grate Fram please go elsewhere lol
@@teeechincx5607 Nah. When you post stupid comments, I'll say ridiculous things. If you don't like it, then mute me.
When they walk up to my window I tell them I am placing myself under citizens arrest and I am pleading the fifth and need to call my lawyer.
thanks for this video. useful info and i like how it gets straight to the point
3 words. “I smell weed” boom the officer has cause to search, it’s too easy.
Exactly what happened to me a couple years back , we rolled down the window and bam "how much weed you got in here , I can smell it "
That might not be the case in Colorado and Washington..Recreational use is permitted in limited circumstances, and just because they smell it doesn't mean the driver is guilty.. The passengers could have just BEFORE entering the vehicle..
Cool fact: Now in NC because of CBD police are no longer able to use the smell of marijuana as a probable cause to search your vehicle. I love my attorney!!!
@mike jones and that makes me respectfully ask you guys so what if the cop says he smells weed and you NEVER touch the stuff, like me, wouldn't he have a really difficult time demonstrating to the court how he happened to smell weed in a car operated by someone who NEVER even touches pot? My point in asking you this is if weed is illegal, and you NEVER touch it, then a cop saying "I smell weed" is on the cop in court... maybe don't touch weed and weed (not the cop) won't be your problem anymore.
Thanks!
In Texas how long do I have to file negligence on a police department? I heard somewhere that the statute of limitations can be extended under extenuating circumstances. Is that true? If so, what are those extenuating circumstances?
Thank you so much!!!
Thanks for your comment, priceless. We work hard to create good content, so I always appreciate positive feedback! - Kevin O'Flaherty
What should you say when asked to be Frisked unlawfully? " I do not consent to a frisk? "
Really no such thing as an unlawful frisk
a comment on your segment pertaining to frisking. Do you take into account Pennsylvania vs. mimms and if so how does that work?
Hi Matthew, thanks for your question. Here's an article about stop and frisk laws in Illinois that you might find helpful www.oflaherty-law.com/learn-about-law/illinois-stop-and-frisk-laws
You're getting PC and RS mixed up. Officers only need RS to perform a Terry Frisk. Under Penn v Mimms, they can ask you to exit vehicle.
The SCOTUS opinion in Pennsylvania vs. Mimms involved the question of reasonable suspicion becoming an unreasonable seizure in violation of 4th Amendment rights when Mimms was asked to exit the vehicle. Upon exiting the vehicle and thereafter officers noticing the gun bulge in his jacket pocket, probable cause to arrest him after the reasonable "Terry Frisk" had been established, relying upon objective evidence rather than merely inclination, or "suspicion" when officers had found that he'd been in possession of a concealed, unlicensed firearm.
Can you make a shortish synopsis on guidelines for protecting my 1st 4th and 5th amendment rights when dealing with police? Like the audit channels can't speak for specific states. I dont want to go bothering(auditing) the public but would like to be clear on when police start trampling my rights. What can they do and what can i do and not do in illinois?
Do you have to sign the ticket?
Depends on the state. In my state, signing is a promise to either appear in court or pay the ticket. If you refuse to sign, you get jailed and the fine amount is your bond.
But when traveling and pulled over at a traffic stop do you you still don't have to give registration your license or Insurance because you're traveling
Hi Christina, thanks for your question. Here's an article about traffic stops that you might find useful: www.oflaherty-law.com/learn-about-law/what-are-your-rights-if-you-are-pulled-over-in-a-traffic-stop
what if you get pulled over for literally no reason. its just late at night, bars closed and the cop just assumes your drinking and driving so he decided to check by pulling you over even though there was no sign of impaired driving. And then when the cop comes up to the window, he smells alcohol from you. and then serves you a dui after a failed breathalizer test. is that dui affected in any way if pulled over for no reason?
Hi Mike, thanks for your question. Here's an article that goes into more details about DUI laws in Illinois - www.oflaherty-law.com/learn-about-law/illinois-dui-law-explained. Hope this helps!
Cool story bro
It’s Pete Nice from 3rd Bass! Was wondering what happened to him.
lol
Is the loved term they use " For My safety and Yours" enough to pat you down?
So does a passenger need to produce identification?
We discuss passenger rights more in depth in this video: czcams.com/video/6aXcl5gqGkw/video.html. We hope this helps answer your question!
Is this information relevant to Canada as well?
Thanks for your question, Alex. Unfortunately I can't answer it, because I'm not familiar with Canadian law. - Kevin O'Flaherty
Probably not cause you guys dont even have freedom of speech.
ToroTechRC Hustler US doesnt have either soon it seems like.
@@tommymack3210 USA will always have freedom of speech. Its the thing we satnd for the most in this country. Freedom
ToroTechRC Hustler yeah I see that, but still black people get arrested for saying anything
Soooo what do you do when they say I smell weed or alcohol and you haven’t done either ?
Then you're probably really high...
Is this for Texas?
Thanks for your question, Jonathan. While most laws are similar from state to state, I am an Illinois attorney, so I can only speak to Illinois laws. - Kevin O'Flaherty
What do you mean by frisk you?
Thanks for your question, IVDestroyerzzVI. We'll do a video on the topic and post it here when published.
IVDestroyerzzVI I believe it means to pat you down, physically check for belongings that are on you.
@@TraitorPotater a pat-down and a Frisk are two different things. The pat-down is when the officer touches the outside of your clothing to make sure you have nothing that can harm him. He has every right to do that. The Frisk is when he goes inside of your pockets or your clothing and pulls things out.
Hello, IVDestroyerzzVI. Follow the link below to our article and video entitled "Illinois Stop and Frisk Laws." I hope you find it helpful!
www.oflaherty-law.com/learn-about-law/illinois-stop-and-frisk-laws
@@MW713 incorrect. Pat down and frisk are the same thing.
You're describing search incident to arrest.
When pulled over, does the officer have to tell you why he pulled you over BEFORE you give him drivers license? Because if they run your name and you haven't done anything..you still go into a database for that incident. Most people dont know this.
They have to identify themselves and tell you why you're being detained. but they don't because they want you to hand over your private information first. Because it will make it a consensual contract. they can't hold you to a contract if there is no contract. and they also have to read your Miranda Rights. because at that time they force you alongside the road with their emergency lights in your private automobile it's considered as a custodial arrest. Because they are restricting your freedom of movement and restricting your liberties as a common-law-free man.
The answer to the question is no
@@eq1373 yeah but what kind of cop let you sit there and worry while you are sitting on this side of the road with emergency vehicle that's a bad cop. A bum.
Eddie Craig-Traffic Stop Script
Why is it up to the citizens not to escalate the situation.
Because you are the one that may have or did commit the crime
Thing is, they can always have "probable cause." They can say they smell alcohol/marijuana at any time therefore always having probable cause.
Any officer can just say you were swerving cant they?
Can I have an interview with you I have some questions that I would like to post on Tik Tok
Can you be arrested for disorderly conduct during a traffic stop for mouthing off? Where do freedom of speech stop and disorderly conduct begin? Also what is and is not Obstruction?
Depends on the individual states disorderly conduct statute.
In my state, it's when you use fighting words or when you make loud and racious noise that gets the attention of other people.
How can policy enforcers come to legal conclusions when their not attorneys? Impeach them on the witness stand for not being qualified.
Good luck with that
What are your rights vs a plain clothes cop?
How do you know that this person is really a plain clothes cop?
So you're saying officers can just take you out of your vehicle..... Seems wrong but I'm not a lawyer lol
Pennsylvania v Mimms
I thought 5th amendment is only if you are legally arrested
Why isn't this taught in elementary school?
cause a kid has no experience to relate this to and would find it incredibly boring and would forget immediately. but yes it should be taught in high school.
I have been harassed by the cops in California recently 2 times the first time was in November I was just driving to the gas station I'm homeless and was sick and needed to get a cup of hot water. Long story short the officer was very aggressive and threatened me and tried to reach in and snatch my phone kept saying he was shit at by a black woman and only people who are driving at 12 am are drug dealers nd prostitute's. He made a remark about me getting shot by an officer in the future and or my car being took because of my tags. So he let me go I noticed immediately when leaving that in the mist of all this going on that another police officer drove up I never knew until I made a u turn to leave and he was placing what it looked like a shotgun back in his trunk as if it was already out for why I have no clue ur guess is a good as mine I was scared and pissed it made me pull over and. Throw up. So a week later I got a job Dec 8,2021 and I was in another city going to get a friend who got me the job at FedEx. I stopped at ampm we had to be at work at 9pm it was 8:45 but the job is close to my friends house when I left the gas station I got to the corner turned and I noticed at the light it's a car accident and my friends house literally is right at the stop light so u cannot park on the road u have to either turn at the light and park on the side or park in the driveway. The cops came behind me and I didn't make any violations because I was at a red light. When it turned green I went around the accident and immediately cut my blinker on to show me turning into the first driveway. All of a sudden I see the police lights on i thought nothing of it because there's an accident right there. I cut the car off and opened the door to move stuff and I heard someone talking it was the police I'm like what happened he said I need you to get back in the car I said mmm ok so I just called my friend said hey come on and the cops are out here too but idk what's going on. So the cop asked where was I going I said where I was at to this location to get my friend for work we are actually going to be late but I start today. He didn't say nothing he walked off and came back and said I pulled you over because your license plate cover was too dark and thts against the law I'm like tf man lol ok I've had that since I had the car and it came on the car when I purchased it in 2020 so now it's a bullshit law. Saying it to myself of course so he asked me for my id I gave it to him he came back asked me to get out the car then asked me to go over to this green energy box I noticed another cop again for the second time I never. Seen two only one in my rearview but he was talking to my friend for whatever reason and I never said who my friend was so they couldn't assume he was with me at all especially because the property has 3 properties inside the gate. But the officer cuffs me I'm like wait what are you doing all this for he said I'm going to jail I asked why he said a warrant I'm like fr u can't just give me a ticket I need to work I live in my car. Then I asked well please can u just leave my car here with my friend he has license and stuff because I was in aa drive way he never replied but I live in my car. So I'm pissed and now all of a sudden the other cops asked do I have anything in the car I never answered he walked off and asked me about a rifle scope that was located in my trunk under the spare tire section which was odd because I didn't know there were searching and I never seen my truck open so he went thru my back seat on the passenger side. Then he asked do I have a gun I said no he asked why I had tht I said I thought it was a telescope lol I really found in a motel parking lot when I was doing homework for my astronomy class u really no lie used it to look in the air tht explain why I couldn't ever see too good out of it lol. They towed my car and didn't immediately take me to jail they road me around to different arrest site's where multiple officers were present and not needing any help..then pulled over to figure out what charges to charge me for then got mad ig the cop who cuffed me was a rookie and the other a vet the vet told the rookie to gogogo man go shit nd he pulls off like hesitant because it was a million cars coming and I slid across the seat and then I flipped out on them cuz now I felt at danger. Then I got to the jail a hr later the parked in the front preped a damn senerio and then drove me in and then a 3 officer comes to my door and reads my damn rights and then started asking me just in general is everything in my car mine I didn't know if it was a trick answer or wtf I'm like wtf why it's my car that's all period nd then they took me in. When I was released the next day I went to get my car and they said they had no keys on file or on the report so I had to sleep in my car at the tow yard for the whole weekend just for them to realize I really live in my car. I left cuz I got a ride finally that Sunday so I just was gone one night and lord and behold the next day they oh we found them when I got to my car my ignition was tampered with and I thought my breaks and it was my screw from my control arm removed and I drove 90 mph racing a Friend twice that day and could have. Died not from going even that fast just drive over 59 mph on the freeway put my life at risk what can I do my car no longer works and of course I'm homeless and I couldn't make it to court which was 19 of April. I just got tags and all now the car is broke that's pretty messed up and I got another job no cannot go because of transportation. I feel like it was harassment from the previous cop and what he was saying prior to Dec 8. Can you help me.
Welp another lesson we should have been taught in middle and high school not including drivers education. How to become a good police officer and how to be a law abiding citizen BY KNOWING THE BASIC LAWS.
182 views only?
I know, right? Tell all your friends to check us out.
Can you explain what your rights are if they ask you to get out of your vehicle?
Thanks for your question, Geovanni. We go into some detail on this in the associated article:
www.oflaherty-law.com/learn-about-law/what-are-your-rights-if-you-are-pulled-over-in-a-traffic-stop
Please let me know if you have any follow up questions after reading the article.
Not probable cause. The LEO must have a reasonable articulable suspicion that you have, are or are about to commit a crime.
That wasn't too helpful. He said one should get out of the car if asked by a cop. Others say NEVER get out of you car. Check out the difference in the advice given in this video.watch
People v Battle. clearly states traffick fractions are not crimes. Delaware v prouse. Clearly states a officer CANNOT restrict once freedom of movement or liberties without probable cause of a CRIME. or about to commit a CRIME or in the commission of committing a CRIME. Which would make the traffic stop unlawful.
Wrong.
People v. Battle is state case law, not federal and even then, SovCits frequently miscite it.
What kind of shit is this? "If you were going 10mph over the speed limit, just answer the officer's question to avoid escalating the situation."
That's your legal advice seriously? That little admission in a 25mph school zone could lead to reckless driving in a heartbeat. At a minimum, it guarantees guilt in any legal proceeding over a speeding ticket. I'm absolutely astonished an attorney would put a video out encouraging an admission of guilt.
That's not what he said. Listen to the video again.
You fuckers constantly lose because you can't even Listen to your own attorneys.
Why do you have to provide documents the officer requests when those documents can incriminate you?
None of you lawyers every even think about this nor cover it...you just go along with government
Because the Supreme Court has ruled on numerous occasions that identification alone is not incriminating information.
Funny in the beginning of the video. He smells something fishy
Anything the cop might smell is up for debate for me... He could lie and say he smells anything her wants and he smells nothing. Then make the illegal search. And giving him suspicion to search? , how can he prove what is is really smelling? He could say he smells a fart. it is just a opinion every one sense of smell is different. It may be that you just burned sage in your car which is not illegal and the officer thinks it smells like pot. I think a search should be able to conduct if the offer approaches the car and sees something suspicious or a scale, pot, pills in bag, Pot to you may smell different by another person. Then the cops are pissed off when they find nothing, and torture you to show them where it is...knowing at that point they have found nothing .
Unfortunately for you, the courts do not see it as up for debate
You lost me when you said the officer has "the right to..." Police operate on specific "authority" not "rights".
Beware of Indiana cops!!!
Wrong you dont have to give dl reg insurance in a traffic stop if you didnt commit a crime and if you do give them your DL insurance reg you just gave up your 5th amendment withput due procces of law this lawyer is
You're arguing with a defense attorney?
Gee, I wonder what you're criminal history looks like 🙄
@@eq1373 you wouldn't understand Gee ..sheep's don't understand
I disagree. If I'm pulled over, I've been custodially arrested. Let's explore those words.
cus·to·di·al
/kəˈstōdēəl/
adjective
1. relating to or requiring imprisonment.
arrest
transitive verb
1: SEIZE, CAPTURE specifically : to take or keep in custody by authority of law
So...
I'm not free to leave. I'm arrested. Detained is a bullshit word law enforcement uses to skirt the actual letter of the law. If I cannot leave, I'm under arrest. See above.
If, as the above definitions indicate, I am under arrest, I have a Constitutional 5th Amendment right to not do or say anything that might incriminate myself. Most folks know this as the "Right to remain silent". If we go from this presupposition, we can logically assume that "we have the right to remain silent and that anything we say or do can and WILL be used against us in a court of law".
Using all of the above argument as justification, no, I don't have to provide license and insurance. Period. This isn't interpretation or opinion. This is the spirit of the law backed up with hundreds of years of case law. Prove me wrong.
I suggest anyone reading this seriously decide how far they really wanna go with this though. It's not worth it arguing with some bug eyed cop on the side of a dark road about your rights. Go to court. Know your rights.
Um, no. You are "disagreeing" with every court precedent out there.
You're a lawyer's wet dream. The retainer fees they collect from you alone must massive.
Not required to provide ID., if your not engaged in a licensed activity or event.
Wrong
Very wrong
If you're driving, you need to show your ID. You can get arrested or a ticket for not showing it.
Wrong
Why do we need to show our documents if we have the 4 amendment driving or traveling is not a crime . Crime for me is killing ,or shooting, fighting etc. And for weapons we have the 2 amendment lm(_!_)o
Because operating a motor vehicle is a far cry from "traveling"
Police dogs will hit on every single vehicle. My attorney told me that when police dogs are trained: first and foremost, they want to please their master. Secondly: all drugs that the dogs are trained to detect are held in either plastic or nylon bags. Therefore the dogs associate the smell of plastic and nylon with the smell of drugs. Police don’t just dump cocaine or whatever on a table during training of the dog. It’s always in a bag. Every car has plastic and nylon. The 4th amendment sadly doesn’t exist anymore. It’s an extremely sad but true fact
False
So you have no rights, because rights you have their is a law to contradict it. I stay I beautiful Canada thank you.
Tell that to the Freedom Convoy truckers.