Passenger Rights in a Car Pulled Over By Police - Lehto's Law Ep. 5.73
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- čas přidán 23. 07. 2024
- We've talked about your rights when pulled over by the police - but what if you are not the driver? What if you are a passenger?
www.lehtoslaw.com - Auta a dopravní prostředky
You literally have jibber-jabber. So much I got sick of you. Get to the point or just get the hell off CZcams.
Ha ha ha. That's why no one likes my videos.
Sometimes legal stuff bears repeating, esp the way laws are written.
I studied some law and it's all twisted.
Better idea, don't watch videos you don't like.
Don't watch or fast foward
I like your videos Steve 👍😃
Years ago a family friend got pulled over. Officer walks up and makes they typical request for drivers license and registration. He says "I don't have a license, will my friends be sufficient?" as he gestures to his right. Officer starts to explain how he needs a license if he's the one driving only to look down and notice that the car is a British import with the drivers seat on the right.
Now that's funny....... This is also why I wouldn't mind getting an old mail jeep and ride solo...... Get pulled over and have the cop roll up like wtf, who's driving this thing
@seer Excellent
@@DarthVader1977 **the** typical request
that's from movie "caddyshack"
@@DarthVader1977 thanks
I worked for a county Sheriff's department (in a non-enforcement roll) for 16 years, and I can tell you their attitude is "it's us against them" them being EVERYONE who is not a cop. They are NOT your friend, and will screw you at every opportunity, and brag to each other about it afterwards. I've heard it a thousand times.
The Fourth Reich. Welcome to Nazi America.
That's how they're trained
Truth...
Thank you for that inside info,always wondered if they did that kind of stuff
Never sworn, never born
When I was in the 8th grade, my youngest sister, then in the 4th grade, developed splitting headaches. Trying to fix the problem, my father took her to get her eyes examined. After the exam, the optometrist pulled Dad aside and told him something was pressing on her right optic nerve. My mother's father was a well-known pediatrician in Pittsburgh, PA. We were in Buffalo, NY. My grandfather told my parents to get the jvery next flight to Pittsburgh and he would have an ambulance meet the plane on the runway to get my little sister to Children's Hospital.
The "next flight" departed Buffalo in 45 minutes, about the time it took us to get from our home to the airport. My father put pedal to the metal and pushed our old tank of a car to about 90 miles an hour. He was pulled over by a squad car with two officers in it. One officer took my Dad to the squad car to find out "where the fire was", while the second officer v talked to my mother, who was in the back seat, cradling my sister's head in her lap. Time was of the essrnce, so the officers got together and compared what my Dad had said with the story my Mom had told. The result? My Dad Mom and little sister had a lights and sirens escort to the airport, and no ticket.
My sister had a malignant tumor removed from her brain. We were told she had only two years to live before b the cancer would come back, Inoperable. Long story short she lived to the a ge of 64, dying as a result of injuries sustained in a fall.
Those two police officers helped to save my sister's life by believing what they were told by my parents, and rendering compassionate service in lieu of following regulations. Some of today's policemen could learn something from those two men who chose to help instead of hinder.
I remember those days. That was before the "us against them" mindset became so prevalent. Back when people actually cared about each other. Back before we had completely given away our country to the government.
this is not uncommon even these days. happened to me with my child who had heart issues, upon arriving at the ER, the staff told the police who gave us the escort that if he had been minutes later, that our child would have likely died. so thankfully this still happens, and it happned in PORTLAND OREGON, one of the worst places to deal with cops. had this happen to be while i was on the way to a MVA while in the fire department, as an EMT, i was rushing to a scene of an accident, pulled over, and officer asked why i was speeding at 90 in a 60 on I84.. when i explained who and why i was speeding, he made a quick radio call, and found that there was a MVA, and emergancy crew had now arrived yet. he gave me a ride in his own cruser to get me there with my medical jump bag, and gave me a ride back to my car afterwards. thankfully the injuries wasn't that bad, a little head gash, and some broken ribs. but still.. was nice to have a police officer have my back in the situation. again on I84 in oregon.
that goes against policy now.
Police are the scum of the earth. Even Hitler made nice paintings and Charles Manson made music.
Not all of them, just 98%ish.
That is exactly what police have been trained to do for many years. In April 1997, I was in a crash and air lifted to a trauma center about 60 miles from home. CHP went to my home to inform my wife and then drove her and my son to the hospital with lights and siren because they had been informed that I wouldn't survive longer than han two to four hours. As I remember it, they were at my bedside every time I woke up. It troubles me each time I think about the Mexican family that was detained by the border patrol back in 2017. An 11 year old girl was being rushed to the hospital in an ambulance with lights and siren going when they were made to stop for a checkpoint. Because she was Mexican, they wanted to know where her parents were. This was back when our government was detaining and deporting illegal aliens. Many who had been living and working for years in this country had American children born in this country but had not formally corrected their own immigration status. The police routinely went to schools and detained children as a way of locating and detaining the parents, so these police officers allowed the ambulance to continue and followed it to the hospital. They waited while the girl was taken to surgery and stood outside her room for two days waiting for her parents to arrive. All of this so they could retain the parents when they arrived. I don't recall all of the details, but the girl was autistic and was made to suffer the anxiety from being without her parents through all the this. Police have always been trained to serve the community in the best possible ways and it's what they naturally do in any situation, but for some people, especially when our government gets involved, they are reduced to simply following orders and restrained from being able to make the type of decisions that fall outside of their formal training.
I was drunk as a monkey and knew it so I called an Uber. The Uber was pulled over and he was drunk! The cops asked me if I was sober and I just flat out said no, I am hammered. He then issued a public intoxication ticket to me! So I accepted it, went to court and beat it easily. The cop never showed, so it was thrown out, but the judge actually apologized to me and said he was going to have words with that cop. It does all work out, but fighting it on the side of the road is not the place. It’s just going to make it worse
So fight everything in court and waste your money? I WILL argue on the side of the road. Time off from work and trips to the courthouse? They have an endless supply of taxpayer money to make you waste yours
If the Uber driver was impaired, he ain't driving for Uber anymore!
However, don't lower presumption (of intoxication) levels apply when a driver is operating "on the job" with his CDL? Or a taxi or limousine driver, using a chauffeur's license? Are both subject to lower presumption levels when driving their own rides "off duty"? Steve, if you see this, please comment.
If you have a CDL you cannot have a drop but uber drivers are a different story
@@wraith313 that may be company policy, but .04% is impaired driving with a CDL in WI.
@@selfdo YES,YES, & NO.
I, a 55 year old white guy, got pulled over by a local city cop because I did a slow turn in front of him at Race Trac gas station pulling a 16 foot trailer with limbs where we had been cutting brush that day. I had my wife, another 50+ year old woman, and my 75+ year old mother in the vehicle. The tyrant wanted me to exit the vehicle to show me the lights were not working because apparently the wires were pulled out.
I responded that it was fine that I believe him. I told him I did not walk well and had crutches. He asked my phone number 4 times. No idea what was that issue but I asked him if he was have problems. He escalated and I asked for his supervisor after he wanted to exit the vehicle. A few minutes later I have 4 cars with light on flashing making a scene. Tyrants forced me to exit the truck.
After exiting I asked what the end game was here. Were they going to shoot me or arrest me for lights out of the trailer in front of my wife and mother? I also told them I was about as square as anyone they have ever known. I don't drink and have never smoked or done drugs. They are hassling the wrong person and the original officer was just and extreme asshole.
He eventually wrote me a ticket after they all wasted a ton of time and made a huge scene because the idiots realized they really had no other case. I thanked them and was on my way. The judge apologized and did not even make me pay the normal $10 to dismiss after he asked if I had fixed the lights. I of course responded yes. But I had to take a day off work which was worth at least $560. For what?
This is EXACTLY why normal people hate police contact. So many are COMPLETE ASSHOLES for no reason.
There are people wearing Badges & Guns, That should not wear them.
Should have sued that fucking pig
You have the right to ask them if they are detaining you or if you are free to go. If they want a search ask for what is the reasonable cause and/or ask for the search warrant. Wait for a search warrant if need be.
Most of these younger officers are revenue generators for the county or state. = They need to write tickets to make money.
If you are involved in commercial DOT (cdl license etc) work they can literally stop and search at any time. With you having a trailer they may have been interested in what was in the trailer.
@@jonmccormick8683 still not his concern what's in the trailer just the non-functional lights.
Amen brother. maybe you should arm yourself! ...just joking . . .
I've been pulled over a few times. A long time ago, back in the early 2000s, the cop merely walked up to the car and asked for my license, registration, and proof of insurance. His hands were at his sides, and not assuming this was going to be anything BUT routine. I got a warning on that one, and I was grateful because I *WAS* in the wrong(speeding). The most recent time I was pulled over(defective tail light), the officer walked up to my side of the car, with his hand on his pistol. These days, cops are treating random citizens they interact with as criminals, without any reason to make such an assumption. The stop went fine, but I did note that the cop wasn't "at ease" with the random stop.
I know this video is over a year old... but it's still relevant. You, the average citizen, are no long "innocent until proven guilty in a court of law", you are now a "subject to be arrested and put into the system as soon as we can find a reason."
Let that sink in.
You gotta know when to hold em, know when to foldem, learn when to walk away, and when to run.
No need in being a horses ass and when you caught red handing speeding.
I gotta agree with Steve Here, I'm inclined to be a decent dude , even to police , if I think the interaction and the questions are reasonable.
I refused to id once as a passenger. They sent 3 different cops to the window. They were so pissed/surprised. They assumed I had warrants. I didn't, I was just using my rights. They were basically begging me. I just laughed.
good job
My friend was pulled over in a big lifted truck in a bad neighborhood. One cop. He came up to the drivers window, looked at me looking at him, and said to give him my ID. I refused. I then became the focus of the stop. By the end, there were a dozen cops on the scene trying to bully me into giving ID. They pulled me out of the truck and patted me down but didn't handcuff me. They claimed it was a stop and ID state. They made comments about me being a sovern citizen, which I didn't even know what that was at the time. They made comments about me getting my information from CZcams. I found out later that the excuse for the initial stop was that a truck matching the description was called in for driving recklessly, which is bullshit because this was a very unique new truck. It's obvious that they saw a nice truck in a bad area and thought they were going to get an easy drug bust.
Man. I don't know I could have contained verbal vulgarities through all that.
@@Retnaburn - Yeah, and that's why I say "Fhuck the police!".
I just got pulled over, again, a few months ago after work at night for my window tint, which isn't illegal, it's not even that dark, it's factory tint. A female friend of mine was with me, she waited for me to get off work, I bartend a few nights a week, it's great money but I get pulled over all the time by cops looking for drunks and it's always on some BS reason. "You swerved a little" - "You changed lanes without signaling" which I never, ever do. Nor do I drink and drive, ever. I religiously obey the rules of the road to avoid giving cops an excuse. I have a black 2014 BMW 3 series, fully operational and legal, no defects on the outside. This was the fifth time in 18 months I'd been stopped (zero tickets were given) and I broke my silence and questioned the legality of the stop and whether or not he can even accurately discern the legality of my window tint at night. He ignored me basically and began questioning my friend and asked her for ID and I cut him off and told her not to speak and that she doesn't have to give him her ID. I proceeded to let him know how tired I was of being harassed, he ended up never even taking my insurance or registration nor did he run my ID. He gave me my license back and said "Im gonna just give you a warning on the window tint, hope you have a better night" - He knew I wasn't drunk and he knew the stop was illegal. My friend thought it was amazing and it really opened her eyes.
I've twice been a passenger in a vehicle pulled over. I refused to give ID and they threatened to get a warrant to search the car. One was at 11 pm and I said "If you want to wake a judge for this go right ahead". After a little arguing he admitted I was correct that I didn't have to provide ID! Both times in West Bloomfield, MI.
Many times when I've been pulled over, they always want identification from all occupants, the cops are on a fishing expedition hoping they can catch something else in order to escalate the incident. Eddie Craig a former officer says cops are not your friend and they are not there to help you, I've found this quite true.
"Many Times?"
True...
@@sewmeonekenobi639 Yeah, he might mean "Many Times". Not all of us live in a major metropolitan area. Some of us live in smaller towns that have bored cops. For instance, I bought a new truck, a cop pulled me over for an expired paper tag a week and a half before it actually expired "He was thinking it was a different month". One time I had a couple of friends sitting in my car in front of my house while I ran inside to grab something. I got pulled over by a state trouper a block away from house. Saying something about seeing a car with people inside and there had been "break ins in the area" so he was checking all cars in the area out. Really weird seeing as how I was living a block away from the police station. Mind you I have cameras as part of my security system and read the police blotter every day, so I knew he was full of shit. Then there is the time that my friend got pulled over with me in the back seat and his gf in the passenger seat because he "made a left turn against a sign"....The cop was cool enough to let us go back and see that the right turn would of been illegal, not the left turn that he had made. Oh, I don't want to forget about the time that I got pulled over for a real reason. I had expired plates. I had already renewed them though, just waiting on them in the mail. In my state if you have the print out receipt for the plates you can drive the car. You are just supposed to show the officer the receipt for your tags and they are supposed to let you go. I won't soon forget him saying "I don't care, I am writing you a ticket anyways" when he seen my receipt. 10 minutes at the prosecutors office the next day and obviously the ticket was dropped....So yeah, he might of been pulled over "Many Times"...That doesn't mean shit. good job being a judgmental cunt though......
The lone wonderer and your full of shit
No this is true and the reason for it is they want to make sure who you got in your back seat isn't some big time America most wanted, 40% of all who hide from the police are found during traffic stops that they were only a passenger in. So can you decline? Of course, but there is a reason to asking
So pretty much you have “rights” but if you use any of them you’re being “suspicious”...
Absolutely, or, my favorite, the passenger is being confrontational. Most cops don't like it when you know your rights, or even basic law.
exactly such BS
Suspicion isn't a crime . 😷👍
@@wertiaaudit5746 No but it gives them "probable cause" so they can search your vehicle. They do this all the time to certain individuals based on age, race, etc.
@@bobsacamano2948 . Suspicion on what , being a good citizen? Suspicion of a /crime/ that can be articulated is probable cause.
Every person has a different experience in life. I’m an African/Cherokee at 65 years of age and never had a bad encounter with law enforcement. I had a 1978 old Impala and drove thru areas like Beverly Hills, Brentwood etc., no racial profiling, never stopped. Bad cops do exists, no doubt. But I watch videos such as this channel and others like “Audit The Audit” to educate myself for any such occurrences. Education is power and most importantly, having the right attitude is paramount.
He had a specific reason for mentioning it.
I like your statement, "having the right attitude is paramount"
@GGALLIN1776 I used to ask the same of IRISH-Americans and ITALIAN-Americans and always got the same reply -
"WHAT?! We can't take pride in our heritage?"
So I guess it is only ok to say "something American" if that something signifies WHITE...
@@tscootertom Absolutely. I treat a pullover situation as if I am in the officer's workspace, which I kinda am! It helps me keep my head and be entirely respectful. Ever since, it's never let me down. The one time I had a bad attitude, back in my 20s, it got me a large ticket. So I learned that I was not immune to having to be polite---after my first speeding ticket years ago, I parked my baby boomer entitlement and my spoiled kid mindset.
I haven't had a pullover in years, but these things can happen to anybody. Nowadays I am extra cautious around cops for any reason, but back in the 80s, 90s, early 2000s, I was always "yes, sir/ma'am," etc. I just figured as soon as they realize I'm not trying to be one of their problems, they can get on to the next thing or person that might be. I have been let off with a warning and no ticket about six times in three different states by CT, VT, and NH state police and local police. (You don't always realize how closely they are watching running stops, etc., even in an area where the visibility is great and nothing is around.)
I drive like an old person now (because I am, I guess), and haven't been stopped for a long time...but I am prepared for whatever they suddenly decide to do. You just never know. In New Haven, CT, some years back I got stopped for driving a black car in a neighborhood I just moved into. A cop had just gotten shot earlier that evening by someone driving a black car in that neighborhood. The cop who stopped me was literally shaking, they were so nervous, and he kept fingering his gun. It spooked the hell out of me. Quite weird. They made me feel I had no business driving around after dark where I lived...I felt bad for the cop who got shot but I also felt bad about being suspected to be a criminal 50 year old white lady who had never been pulled over for possibly being a felon before. It made me sympathetic to my neighbors of color who had tremendous suspicion of police...that cop made me afraid, just as I made him afraid by being in a black car, at night, in that neighborhood.
I had a friend that got pulled over while driving a couple other drunk friends home from a bar after closing. As soon as the cops arrived at the drivers window the second officer ordered the passengers out to the sidewalk. Then when a second cop car arrived and saw one of the two passengers was so drunk he had trouble standing they arrested him for being drunk in public. But he was only out in public because of a police officer’s order.
Locksmith puts a sign in his window saying "help wanted" and goes home. The next day the locksmith returns to his shop and sees a man inside. The locksmith says "How did you get in there?" The man says "When can I start?"
🤣
That actually sounds like a good idea, in a weird way (assuming the REAL locksmith doesn't freak out and call the fucking pigs).
Chance are that guy will RIP off the locksmith in a year if he has a safe in the office
Good story
@@theshawnmurphyjournal2946 innocent till proven guilty by court of law
Personally I have been pulled over for DUI three times. None of those had I had a drop to drink. Had to do the stupid human tricks on the side of the road, blow into the machine, etc. Made up "probable cause" in all three cases. They all had one thing in common, the police were very upset when it became obvious I was totally sober.
You were perfectly able to refuse to perform the FSTs, which are intended to provide the "probable cause" the officer wants to make the DUI "pinch", regardless of how you perform. Depending on your state, or whether you're under 21 or on DUI probation, or otherwise driving with a restricted license, you may also refuse the pre-arrest breathalyzer test, as it likewise is only useful, from a legal standpoint, to show PC to arrest; not evidence of intoxication itself. If the "test" indeed indicates in their opinion that you were not impaired, they shouldn't be "upset" at all! At least they were HONEST about it.
Had that happen too. Due to my weight at the time didn't have good balance and didn't do well innthe stand on one leg routine. Told I failed and had to blow. Blew 000. He looked disgusted and made me blow again. Another 000. Asked a bunch of questions and finally let go. Another cop had already drove my pickup to a holding area as they had assumed beforehand I would be arrested. Not even an apology. Colo springs colo. 1999.
Never participat in any of their bullshit. Refusing to blow or do roadside Olympics is protected by the 5th amendment.
Many years ago, I was a passenger in the front seat and the two cop situation came up to us. While the other one was getting the normal stuff. The other one engaged me in conversation then casually asked for my id. I looked at him said I politely said "why I'm not driving" (He gave me the how do I know you are not wanted for something). He goes on to say I look nervous, I wasn't; that kind of thing never flusters me. He kept insisting and threatened me with arrest. I kept saying no not gonna happen. He really started to get snotty, he backs up to talk on the radio and I rolled up my window. Wow did that piss him off, he tried to open up the door. Just about then his partner must of gave him a look I could not see over the roof of the car; because he just went and sat in the car. He was young; so I assume the "and dumb" part was still relevant.
A cops age doesn't matter they are not your friend. There is no reason for them to get I'd from passengers. A young cop is a juvenile rattlesnake that can't control the venom.
Steve, as a law student I genuinely enjoy your content! I always learn something practical. Thank you!
From my attorney 'you should never speak to an officer without me present'. The advice on his business card...the few detectives i know agree, you will never talk yourself out of a situation that you have no reliable knowledge of.
matt thompson regular people can read laws man. you just need to be sensible about it and know when to stop talking. I've talked my way out of many tickets by having a working knowledge of the law in my state, being respectful yet assertive in this knowledge and sometimes having the laws at hand to inform the officers. for example, the last time I was pulled over I had to educate the chief of police in a small town, in regards to our states weapon policy. he was under the impression, you had to have the weapon unloaded or have a ccw permit. he was wrong, due to a bill that had been passed 2 years before that (plus the 2a, lol) and had garnered big attention in our state, so he should have known this. he intended on writing me a ticket, but after me telling him the act number and him making some phone calls, he said I could go. then I very calmly and politely told him that he is in an important position and he has a duty to know the laws. I also told him that he should go, immediately and find this law, read and commit it to memory, as it is very pertinent to weapons and a lot of people carry weapons in my area. Again, I did all this extremely politely and not in a mean spirited way. the point of this being, your lawyer has a vested interest in your affairs. if you just remain silent, you'll likely have to use him more than if you just learn a little bit, rather that be by reading laws or watching these videos. then you can have a "reliable knowledge of the situation" at one point, he didn't know the law either, it isn't rocket science or magic. not saying don't use the lawyer at all, just maybe don't go completely 5th amendment where it isn't needed. somewhere in the middle is generally your best bet.
I talked my way out of a speeding ticket coming home from vacation 2 years ago. Got pulled over doing 107 in a 75mph zone at 2am in the morning. Told the cop flat out i am tired b there are no hotel rooms available my wife and kids are asleep i want to get home and there is nobody else on the road whats the big deal? He wanted to know where we had been. I dont have nothing to hide so i haded him my phone with the vacation pictures and he let me go with a verbal warning. Told me to "mind your driving habits." I could of been an ass to him and he could of hauled my ass in and towed the car and left my wife and kids on the side of the road two hours from home.
Some retired general named Flynn will probably second that opinion
@@21stcenturyjacktheripper I find this incredibly hard to believe and even if it is true, you got insanely lucky. Out of all of the people who start ranking to the cops, very few win the debate.
@@kitten-whisperer it happened, we where on the way back to our home in Texas from New Mexico we where two hours west of Fort Worth on I-20 heading east bound. That morning we went to Carlsbad caverns. It was the second spring break weekend and we couldn't get a hotel room. I showed them pictures of the week and that morning and my wife showed them the pictures she took of all of us we where all in the same clothes from that morning in the caverns and they even ran a drug dog around the car but we had nothing on us because we don't do that and the cop let us go.
I am always polite with everyone simply because I enjoy being polite. If the courtesy isn't returned then I judge the occasion and act accordingly. More often than not, the former avoids the latter.
Words of wisdom
Absolutely true. People escalate situations because their mission in life is to be a dick. Then they are completely shocked when things go poorly for them. I see videos of these idiots challenging the police who think they are constitutional scholars. The moron usually ends up getting shot, tasered, or arrested when they normally wouldn't have been in any trouble at all. It's a lot easier to file a complaint against a police officer when you aren't in handcuffs.
James Stanovic: I am a retired police officer and your words are full of wisdom. I was always polite to those that I stopped, even to those who started out surly. I let them vent as long as they did not threaten me. After spewing for a minute or two while I listened, a sheepish look would come over their face and most of the time they apologized. Once in a while, a driver would tell me they wouldn't have put up with that kind of behavior. The respect I gave them was repaid with their respect for me.
After having been followed by county officials for months, and having both sent and filed a cease and desist order with the county, my attorney advised me to immediately step out of the vehicle while locking the keys in the car - so they don’t plant drugs.
that's stupid. just stupid.
No it’s not
@@tomhenry897 A great way to get shot.
I’ve never understood how a driver failing to use his blinker or going 10 miles over the speed limit is probable cause to ID or search a passenger but it happens 1000 times a day. Sure they may have a warrant but if that’s all it takes to justify IDing people without probable cause then no one is safe from having their rights violated.
I know a guy who was (years ago) driving through Texas, and did NOT consent to a search. The Texas cop pointed a gun at him, and said “stand over there, and shut your face” - I’ve never forgotten his story. He was a navy veteran flyboy. Nice way to treat our veterans. As the story goes, he was pulled over 3 more times and harassed, before he got out of the state. My friend pretty much hates Texas cops. Fortunately for him, he doesn’t have to go back there.
I'm glad you reinforced taking the argument to court. I get sick of seeing those idiots who think they are going to get somewhere by resisting the police at the side of the road.
Amen!! In court.
@@ppumpkin3282 Problem is, resisting trying to violate your constitutional rights has very big chance to be charged as an obstruction of investigation. Here's the most fresh example:
czcams.com/video/xsT4M1cJvXs/video.html
My take is that the police are there to GATHER evidence that the court can build a case on. If you want to challenge it, you gather any further evidence and present it in court.
Yes, there are differing points of view. The question that a person should ask is: adopting which point of view will create the least problems and cost the least amount of money lost and time spent in custody?
Attempting to politely convince the officer not to give you a minor ticket is one thing, physically resisting arrest or acting like a sovereign is another thing entirely.
This is exactly why I keep a box of Dunkin Donuts in my car at all times
Great video Steve, I enjoyed and shared it with a couple of people!
Keep up the good work!
Thank you for this Steve! About 4 years ago I was riding with my girlfriend. We were driving down a paved road that ran parallel to the highway. A highway patrolman came up behind us and pulled her over. He comes up and asked for her license, insurance, etc. Then he looks over at me and asked if I have I'd on me. I said yes. Then asked if he can see it. I said no and with a stern voice he says I need to give him my I'd. I said no thanks. He says comply or I will arrest you. I asked what for and he said obstruction of justice. I asked how that applied. He said I asked for your I'd and you are refusing which is interfering in an investigation. I asked what the investigation was and he said this is a traffic stop and you have to show Id. I politely let him.know that the traffic stop only involves the drivers actions and not mine as I am just a passenger riding in the vehicle. He asked her to step out and come back to his car. He looks at me and says when I get back you will be placed under arrest and taken to jail. While newsstand back at his car with her he called county for backup and a transport. So as I'm sitting there three sheriffs pull up and one walks up with a gruff voice and asked me what is going on and I explained everything. He said well you are perfectly right. I said well explain it to that guy back that that is getting all worked up and telling me I'm going to jail. He then went back to the highway patrolman and talked to him came back up there and shot the shit with me till he came back told me to have a good night and left. The patrolman comes back up there with my great gives her a warning for 3mph over and tells me to have a good night. He has an embarrassed look on his face. Talking to her I guess he was grilling her trying to figure out who I was and she just told them it was between them and me and if I wanted to tell them who I was then I would. And just fyi the state I live in you are not required to carry I'd or identify yourself unless you are driving, or being accused of a crime.
_"And just FYI the state that I live in you are not required to carry ID or identify yourself unless you are driving, or being accused of a crime."_
That's true in about 47 of the 50 states. The other three (I may be wrong about that number, it may be more or less) require arrest prior to ID.
There is no federal law or law in any state that requires that you carry a material physical ID. When the cop demands an ID you cannot give what you don't have or required to carry. If they insist, ask them for the statute that so requires. There are 22 stop and ID states, but they do not require a material physical ID even though a cop might try to convince you that you must produce an ID.
@@loosemoose9799
You are exactly correct. I slightly misspoke. Never, anywhere, at any time, is anyone not driving required to carry or display an ID card. In every state, no one is required to give their name unless they are suspected of criminal activity. Riding as a passenger in a car is almost always not a reason to identify.
@@xenaguy01 Everyone should know basic rights and when in a vehicle a small card with pertinent rights for that state should be on it. If you do that, be sure to include the law citation for each law. Hand it to the officer if needed after explaining your rights.
You have to be arrested for and charged with a crime. Not showing ID at that point is a secondary charge.
"Do you know how fast you were going?". "Yeah!, I got this giant ass speedometer right in front of me, came standard with the car".
derfo20
“Do you know how fast you were going?
Not fast enough, you still caught me.”
With all due respect, officer, that's not relevant. Do *you* know how fast I was going?
Always answer that question with another question. Otherwise it might be used against you.
that comment will definitely get you a fine..
I’ve gotten out of a few tickets with humor. Cops don’t have much to laugh at, so giving them a smile can go sometimes a long way. But too often nowadays you get your random humorless adam-henry, so just smile and sign the notice-to-appear.
I’ve seen cases where the passenger did absolutely nothing or said anything and still was arrested for not giving them their ID!
Another excellent video! Thank you for this invaluable public service Steve, great discussion of things on which we all need education!
The most important fact to remember is, anything you say, can and will be used AGAINST you..
not for your defense or to prove innocence..
Yes... even if the thing you said could help you out or shed light ... The frame of mind is not open to helping you, only against you. So it's never even taken into consideration from the angle of helping you.
I try to be civil. I can't always be polite or nice , still I try to speak as I will allow another to speak to me . Some people can't be satisfied ,it doesn't matter. Kiss ass all the way to your cell if you want to . Shhhhhh!
COP: "...anything you say can and will be used against you..."
PERSON: "That doesn't give me much incentive to speak with you, does it?"
My dad always says "they're getting paid. You're not. They don't care how long the stop takes"
I agree
What's your time worth.
You're arrested, jailed, lostbwages, and court.
I don't care what anyone says, Steve thanks alot and keep doing what the heck you're doing. I'm being enlightened everytime I watch your vids. Thanks again.
I like jibber jabber from intelligent well educated people. Keep educating us in US law. 👍😼👍
Damn straight!
Anything you say will be used against you in a court of law.
And, importantly, they do not tell you that anything you say may be used in your favor in a court of law. Because it won't. Which is why you never talk to the fuzz.
No. Any kind of information, verballybof physically, can be used against you. Soninvokecyourc5th for both physical and verbal info.
And anything that may be used to show your innocence is considered hearsay. That is a fact. Nothing you say can ever help you, it will only hurt you. The police are allowed to lie.
Then say nothing.
You are awesome man; my 10 yr old daughter and I learn a LOT from you. Lmao "cleaning your weapon during a traffic stop" lol
He's not far from kidding about this. There are people who do dumb stuff like that.
@@meatpopsicle1567 Funny thing is One Might have the "Right" to do so...
Clearly though..Not the Smartest or Best time to do so..lol
Being kind, respectful and agreeably responsive to a police officer, as with anyone, is something I have tried to always do and it has served me well through the years-I understand there are times that I may need to chose to remain silent and seek an attorney-. You are very instructive, thank you.
I was stone sober once, getting a ride after hitchhiking. This was in the Lake Tahoe area and hitchhiking is a common way for people to get around.
The guy who picked me up was pulled over for DUI and he was a bit intoxicated. The cop said if I blew a 0.0 he'd release the guy into my custody so long as I drove.
I blew a 0.0 (understanding that if I did not blow a 0.0 I would have no penalty) but I had not been drinking at all, so I just drive the guy home. He lived only a few blocks away from me so I parked the car, gave the guy his keys and walked home.
He was really grateful to me.
I've seen on "Cop" TV shows where they have done a breathalyzer on a passenger so that the passenger could drive their DUI friend's car away after the stop. Done under the premise the passenger is not impaired.
@C. Buck Hyres So true. IF I was in that position knowing my luck I would then (if I had been drinking) be busted for public intoxication. LOL
@@dremwolf5419 theyd just tell you to call a ride and tow the car Lol youre not in public intoxicated by choice so theyd consider that
Drenwolf I saw on some of those shows they ask if anyone has a license and feel as tho they can drive the car home for the driver, some answer no and they make sure that a ride is called for them (unless it's like right in front of their house or they live a block or two away) because the riders may be drunk but since they are acting in an appropriate manner the cop won't touch them for public intoxication or put them in the position that he has to cuff them up. The cop's bosses can't gripe if he does not know FOR SURE if the passengers are drunk or not....
You would be doing your drunk friend a favor if you haven't been drinking, getting a car towed/impounded is expensive, so I am told.
It's for safety reasons. The cars impounded now for drink driving. If someone who proved they are sober is present, they can avoid full impound proceedure.
I got stopped at 11pm due to the state suspending my license and registration without notifying me. Cop asked if my gf could drive my Jeep home for me (weird since it's reg is suspended and they took my plates off it due to abuse of plates). They hadn't even ID her yet. She had no license and what they didn't know (and I didn't mention) is she had had drinks. I was the sober one. She may of blown clean since it had been a while and wasn't that strong. My point is, they need to make sure they aren't willy nilly letting someone else drive.
As usual Steve very informative and with some very good advice. I thought it may be important to point out that a passenger,while he may not be detained during a traffic stop,cannot get out and "walk", if said stop occurs on the interstate/freeway. I believe pedestrian traffic is prohibited on the interstate in all 50 states. However, I've been wrong before.
That's an interesting question. It can't be entirely prohibited to be out of a vehicle because vehicles break down. If a driver is arrested, are the police obligated to give all passengers a ride to a nearby location that it's legal to walk around? I doubt it.
I made a cop laugh so hard, that he even allowed me to park on a non standing while having dinner with my now ex wife.
On a main road on NY, up to until that week, it was legal to make a left turn on the intersection. Most drivers would block that street when there was no traffic light at all. The city put one, but
had to be green to turn. People occasionally still blocked the -one-block-long side street. So, the city put a left arrow turn, forcing vehicles to clear the intersection. It did not work. So the city eliminated left turn altogether, installing a forward green light arrow, and force drivers to continue without the ability of turning. But on that little street there was a fantastic restaurant I used to go every Friday. I made the turn, and there was a line of cars being pulled by this cop. He added my car to the waiting line. He came to my window and asked me plain out.
"DID YOU SEE THE ARROW'? I replied that I could not even see the Indians. This cop had to hold himself on my open drive side window, cause he could not contain his laughing. He had a laugh attack. He changed his demeanor entirely and asked us where we were going. We pointed at the restaurant at his back and he said. "Leave the car here (a non standing zone) and go and have dinner. You are not getting a ticket today" :-)
I like your videos. I would like to know your opinion. Here is what I got being polite to the officer.
It was happy sunny day. I am walking in downtown. No people on the street except two girls arranging garage sale in front of the house. After couple of questions I sensed - foreigners like me not welcomed in this neighborhood and I decide to continue my journey.
20 minutes later I see big police car slamming on brakes in front of me. One policeman leaves the car and takes position behind me. The other one is hiding by passenger door.
I am so surprised. I am just standing and smiling.
Policeman accused me in number of crimes which I have not done.
After respectfully answering every question, I was handcuffed and brought to detention center. I am skipping a lots of details of humiliation, financial damage.. I lost almost two thousand of dollars ..., useless attorneys, corrupted court system...etc.
I proved my innocence. Policemen did not prove any of accusations. I got nothing. Not even apologies.
If this is how Police is doing their job, what makes him different from criminal?
Hey a kid I usto work with was pulled over a accused of being on drug's & accused of having a knife in his car which was a knife sheath as you can't have that on government property & was arrested! Mind you we work in a high security government bldg! Yes this kid had a bunch of piercings & tattoos! So what! Well he missed work for a few days in order to bail out of jail! He comes from a very wealthy family! So he hired a lawyer & had a hair strand test! He had a bald spot for awhile! Well the test showed he didn't do drugs & has never taken drugs! It cost him alot of money & they didn't even apologize! Nothing! So they can assume you fit a certain criteria so your guilty & arrest you with no actual proof what so ever? Seriously? This is why people do not trust police!
I live in Texas, I was the Passenger. The Driver got pulled over for DWI. I had been drinking but not drunk. I was TOLD to get out of the truck because they were going to tow the truck. Once I was out of the truck they TOLD Me I had to do a roadside test which, of course according to them I FAILED. I was Arrested for Public Intoxication. And taken to jail!!!
THAT is as bad (worse actually, because it happened) as the racist joke about the cop who hits a black person, they go through the policeman's windshield, then they charge him (the victim) with breaking and entering. I mean, you were put in a Catch-22, impossible, situation: 1.) you couldn't stay in the private property - vehicle being towed 2.) you had to obey a lawful order 2.) by exiting the vehicle onto public property, you were then "publicly intoxicated". Insane. America needs to completely reconsider government...because you were, unquestionably, governed wrongly.
A similar situation can happen when air traveling with a handgun. Let's say you abide by the laws and check your handgun at the airline desk, it then goes safely under the plane and you're on your way to Rhode Island. An unforeseen storm causes your flight to be diverted to New York City. You deboard, pick up your luggage and go to a complimentary hotel for the night, since the next flight out isn't until the next day. Well rested, you remember you need to go to the ticket counter to check-in your handgun (as is required). The next thing you're aware of is being in handcuffs, arrested, booked, and in jail facing felony charges (5 - 20 year sentence, depending on cirumstances). It was illegal for you to possess a handgun in New York. Life as you know it is either over or, with a good lawyer and some luck, you face a very uncomfortable, frightful, expensive, delay.
Again, these issues are not going away until a massive movement happens. I mean, if you watch videos from Audit the Audit (channel), even with MILLIONS of views for MANY videos, there's still nothing being done to prevent these evil acts of government.
@@RodCornholiowhat are auditors you speak of ? They sound like cool people. 😏
@@RodCornholio The thing people seem to not understand is the government is nothing but a bunch of individual people. People have just become more and more mean and I guess since we can't watch people be brutally decimated in gladiator matches anymore so people torture other people any way they can. Humanity is fucking doomed.
As a driver or passenger of a vehicle you are never required to perform any tests for intoxication. You failed because you failed to refuse.
@@robertyoung9589 depends on what you mean by required. My understanding is that Texas follows the "implied consent" rule. If the driver refuses to allow blood alcohol level testing, there will be consequences. Also, they may be able to get the conviction without it. I would think the passenger should be able to decline the test though.
My friend got pulled over for speeding. Officer asked him for DL, reg, insurance then asks for mine. I said I wasn't aware I had to. He said it was a state law. He lied. Earning the disrespect.
I watch almost all of your videos. I am in police academy in my home state. The very first day and very first class was on the Constitution. We all received a copy of the Declaration of Independence and a complete copy of the Constitution. Then a full 8 hour day on each of the 4th, 5th, 6th, and 8th amendments.
One huge issue is that a person needs to hire a lawyer to fight the unlawful charge or arrest. This money is money out of my pocket. So i.e. the police can give you a false charge or arrest that cost me a bunch of money, if I can afford it. The police can unlawfully arrest you with no repercussions.
If they didn’t have immunity, they wouldn’t make an arrest or would quit the force.The same applies to other government workers.
One very easy fix would be a law that says if you are found not guilty in court they have to pay you $10,000 for your troubles. This way only air tight cases would ever be prosecuted.
You are innocent, only if you can afford to buy it.
@@jamesalderman5387 Doing this would also help cut down on mistakes made by law enforcement that let actual criminals get off on technicalities.
@@Maybe-So You are actually guilty until you prove your innocent. Anything you say can and will be used against you in a court of law....according to the Miranda.
I used to own a bar in Oklahoma...it was a very popular place on the weekends and one of the primary rules was customers were not allowed to drive home drunk...we would physically take their keys..so I provided a service where I had an employee that provided rides home and he'd pick them up the next morning to retrieve their car.....next town over is a notorious speed trap and I can't even begin to tell you how many times he was pulled over...went well for a couple years then a new hire on the police force started arresting my customers that were passengers for "drunk in public". Had to get my attorney involved in helping the defendants beat the rap...won every case...but it was an expense I couldn't keep up and shortly after that stopped the service...
Louisiana....again. We have a "stop and identify" requirement for the driver. It's silent as to the obligation of a passenger. Love Your videos!
In any state, if the officer makes a lawful traffic stop, the driver must produce his driver's license, and valid vehicle registration and/or proof of insurance or financial responsibility upon demand.
The cops will bully folks, including passengers, with "give me some ID", but, unless they have RAS that a crime is involved, the passengers have no legal obligation to produce it. Too often, though, the cops will get upset and arrest a recalcitrant person, often with extreme violence, for such refusal, and over-charge, not only with "obstruction", but also with "assault and battery on a peace officer", a VERY SERIOUS crime, even if the arrestee just stood there and "took it"! I guess these sort of cops consider it a crime that you're skull "impeded" their baton! Decide if refusal is worth it, no point in risking serious injury or DEATH over information the officer will, if determined enough, learn anyway. It's unfortunate but a reality that many cops are bullies and psychopaths; part of the "fringe benefits" of being a cop is that they can indulge that sort of behavior with official sanction. Many OTHER cops are NOT like that, but you don't know WHICH one you're facing, and, often, the "good cops" will back up the badged bullies until the matter is so evident or notorious that it comes back on THEM.
Thanks for5 a great show, you've cleared up several important questions.
Steve- I make this comment with all due respect to you, as a fellow citizen of the United States:
Many people DO see the police as "the enemy", because of previous interactions with them, or because of what they've seen/experienced in their life. While I agree with your approach to interactions with the police(be polite, and "see how this interaction unfolds")… there have been many examples of police treating the public as "the enemy". Far too many, to be honest. I've seen enough myself to be "suspicious" of the motivation of the police. While I am "fortunate" to be a white male, I do fit into the "this guy may be a criminal" category of having long hair and tattoos. And no, I won't "cover up my tattoos and/or cut my hair".
The police have been trained(either on accident or by design) to be suspicious of everyone they deal with, that isn't within their "blue brotherhood". They have been trained to FIND a reason to arrest people. Some take that more seriously than others. No other profession of public service "goes looking for something to do". You don't see ambulances patrolling around, looking for sick/injured people. You don't see fire engines going around looking for fires to put out. While the term "ambulance chaser" was popularized to refer to lawyers, I really don't think it was THAT prevalent of a practice. You, certainly, don't go driving around randomly asking people if they need your services. Do you?
Then again, you never hear someone perform a song titled "F**K The Fire Department!" either....
The reality is that it is up to police departments across the country to change how they deal with the public. They are in the position of power, thus it falls onto them to create change. While they DO perform a necessary function in our society, I highly doubt the "founding fathers" would look on the police of today with approval. Your perception defines your reality. So long as you perceive "the public" as a threat, you will continue to treat them as such, and thus, trust will never be brokered.
BTW- Thank you for accepting my "Facebook Friendship". I will do my best to not make my way onto your "blocked" list. :) I am a firm believer in respectful discourse, no matter the difference of opinions.
I love your comment John. You are right on the money.
I have often thought that the police should just stay sitting on standby at the station, and only go out when called for something specific. Like the fire department. A lot of times when I'm out driving around and see a cop car on the road somewhere, I start thinking to myself "WHY are you here? Nobody called you. Nobody wants you here right now. Go back to the pig station already." Lol
Perfect comment !!!!!
John, you're taking his comment too much at face value. After all, he's a lawyer. He interacts with the justice system frequently. If he has a strong opinion about the police (I'm not saying that he does, maybe he does, maybe he doesn't), but if he does, he better keep such an opinion to himself.
I’ll try to keep this brief, though I must say up front it will be difficult. I would like to proffer a textbook example of why under no circumstances should anyone perceive ANY contact with law enforcement as benign. I recently was charged and indicted with a felony drug case. As I proceed through the nightmare of our so called criminal “justice”system I continue to be harassed and stalked on a daily basis even though I confessed to the charges right away believing that honesty would some how placate the LEO that arrested and indicted me would consider this a gesture of good faith on my part ( as one might naturally assume in a normal world.) “You stepped out of line we caught you now face the music.” Which for all intents and purposes I have. Well apparently in the mind of current department practitioners charging an individual with what they should be charged with according to what is justified by an customary system of moral and fair law enforcement, they continue two years on now to stalk and harass me. I was pulled over as I said letting them search my vehicle knowing I was not in possession of any contraband or in violation of any laws that I knew of any infractions thereby being completely transparent. Well as one might expect they did not see this as an olive branch AT ALL..!!! They saw it as an opportunity to completely dismantle my BMW even going so far as to pull the door panels of to look inside my door and taking the spare out of my trunk. Keeping me on the side of the road for an hour and twenty mins in the cold, waiting for a dog to arrive. Long short they found absolutely nothing nada zippo. So basically they just blew off the initial reason or PC. They then added insult to injury by offering some quasi bullshit and feigned regret. And acting like they were doing me a favor by letting me drive away after their illegal roadside search. They wanted to nail me the to the wall even more when I allowed them to search. I must admit even though I sound like a sap by saying it. I was actually surprised at their zeal to kick me while I am already down on the ground in pieces. My life that I have lived for 55 years in ruins because of one Mickey Mouse mistake.. !!!! Anyway that is who they are and this us against them has got to stop, but the police culture is never gonna step down from their moral high ground. Not in my lifetime anyway.
If you own the car but are a passenger at the time it is pulled over, who has the right to say “No thank you” to an officer’s request to search the vehicle? If the driver says yes, and you say no?
This happened to me once. The driver was young and inexperienced and immediately said yes to the request, and I said wait a minute, it’s my car and I say no. They searched the car over my objections, found nothing and let us go finally, but that just made the whole stop take so much longer. It made me curious though - if they had found something, would that be an illegal search?
Unfortunately, anyone in the car can say yes to a search in most states.
Just had this one pop up for me.
There are also reasons why a breathalyzer might be used on a passenger, especially in some reckless driving situations, they might push it. One example I remember reading about a while back was there being hazardous driving that was suspected as DUI grounds. The driver was sober, but stated that their drunken passenger was interfering with them.
I like your display. Great cars and sweet microphones. Good information too.
♥♥ Steve. While I will agree that so-called "roadside litigation" rarely works, of course there are exemptions to the rule.
Check this out.
Back in the mid-2000's, I left my workplace to drive home.
It was @ 4 PM, and it was lightly "sprinkling" out - not heavily, but, it was raining, nonetheless.
I was driving a late-90's car that had a "glitch" in the headlight switch. I had found that, if I pulled the headlight switch only three-quarters of the way on, the headlights would be on, but, the taillights would still be off. I had to pull the switch completely on for the taillights to work.
I was on 490 west in Gates, near the airport exit, when a NYS trooper pulled me over (he approached me from behind - he had never been in front of me).
He told me he was stopping me because my headlights weren't on (while my windshield wipers were on) - NY state law is, when your wipers are on, you're required to have your headlights on too.
I told him my headlights WERE on, and, had been since I left work.
He said, "No, when I came up behind you, your lights weren't on."
Again, I told him my headlights were on, and, had been on. I reminded him that nothing in the NYS vehicle code requires taillights to be on when using windshield wipers.
(Now, mind you, it was still sprinkling out, with hundreds of people traveling on an extremely wet 490, tossing up "road spray" on the trooper).
Anyhow, he said my taillights weren't on when he came up behind me.
I told him NY traffic law doesn't say my taillights need to be on when it's raining - only my headlights need to be on.
Of course, he said that, because my taillights weren't on, my headlights weren't either.
This "argument" went back-and-forth for quite a while.
I told him he was wrong. I AGAIN reminded him that nothing in the NY vehicle code requires taillights to be on when windshield wipers are required.
I said, "If you check, you'll find that my headlights ARE on, but, my taillights aren't. I also told him, if you want, I'll keep my hands outside my window while you go check my lights, just so you don't think I'm messing with them.
(By this time, he'd been out there close to ten minutes - and, he was pretty much soaked).
He walked back and looked at my taillights (which weren't on), then walked to the front to check on the headlights.
Finally he came back and said he didn't understand how my headlights could be on if my taillights weren't.
I simply said something like "I don't know what to tell you. It is what it is."
He scratched his head, then said, "Have a nice day" and left.
I would have loved to be at his headquarters, when he told/asked his co-workers about it.
■ Of course, he COULD HAVE written me a citation for it, but, he didn't. Would I have "fought" it in court, if he had written a traffic ticket? Probably not (back then). Nowadays, when I turn my ignition on, 6 cameras start recording. If the above example happened nowadays, I probably would take my cellphone out, show that nobody else is in my vehicle, then show that my headlights WERE on while the taillights weren't. As the metadata of my cellphone video would show the time, date, and location of when the video was taken, I think a judge would accept that as proof that I wasn't breaking the law.
Nice! 6 cameras! I "only" have 2!
Is it part of a system? Where can you get one? I only have 1.
Scenario, you're a passenger in car going on a trip with a friend. You each have a suitcase in the trunk. During a traffic stop the officer asks to search the vehicle. The driver says yes. They open trunk and search the suitcases. In the passengers suitcase they find some small amount of illegal drugs. What happens? And let's say the suitcases are clearly marked with the owners name. Who's responsible? Driver? Passenger? But as the passenger you did not consent to have your suitcase searched. Can the driver consent to the search of a passengers belongings?
stevek917 - good Q.
Nope, not in a separate container marked with the passenger’s name.
Police will bring out a drug dog and basically the car will be impounded and either sold or come back stripped. That's the game, folks. Cops as criminals.
As the passenger, after the driver consents to search you can clarify that you do not consent to a search of your suitcase. But, at that point, now you're being suspicious and you'll just wind up sitting there until the dog gets there. Your buddy screwed you when he consented.
If the cops simply ask to search the vehicle, w/o any indication as to what they're looking for, that's an unlawful search. They can't simply arbitrarily rummage through a vehicle, in hopes of finding contraband, without having probable cause that it's there. That's why the "drug dog", which is predicted on bullshit cop pseudo-science, i.e., that the dog will be able to ferret out weed, coke, crank, etc., and "alert" on it. In reality, the dog, having a rapport with its handler and used to working with it, has an instinctive desire to please the handler and will respond to the handler's cues to demonstrate "alert" behavior around the subject vehicle. Such a literal "dog and pony" show is used as the PC to justify the search. However, in most cases, the "drug dog" isn't on hand, save at a roadblock, and recent legal decisions have rendered that arbitrarily detaining a motorist until he relents to consent to a search, in hopes of being on his way (BIG mistake), without having reasonable suspicion of a crime, are an unlawful arrest. Hence why the cop will say "I smell weed", or "why are your eyes blood-shot", to make a bogus claim of being under the influence of marijuana. Even so, the stop may not be reasonably longer than the underlying purpose justifies, i.e, 15-20 minutes should take care of most traffic citations, and an hour to get a K-9 and have the mutt do his thing. All that underlies several important principles which Steve, John H. Bryant ("TCRL"), Andrew Flusche, or any of these attorneys with YT channels will advise:
(1) Be peaceful and courteous, whether the officer(s) involved are or NOT. Doesn't help to agitate them or pick a fight, not at the scene (folks get KILLED that way!), and certainly not later, in court, and judges and juries don't like argumentative, arrogant, mouthy smart-asses. Obey instructions, save that they contradict what the attorneys advise you have the right to refuse.
(2) record, Record, RECORD the encounter on your cell phone, PERIOD. In ALL states, you absolutely have the right to do so, as long as you don't actively interfere with the officer at his work, no matter how much he "huffs and puffs" and threatens retaliation. Obviously it's critical to do so as otherwise it's your word against the cops', and WHOSE will the court accept?
(3) DO NOT consent to a search of your vehicle and/or person without a warrant. The officer may do so ANYWAY, and likely will claim he doesn't need a warrant. Let the court sort that out if it becomes an issue, you just want it on record that you didn't consent, which otherwise is the MOST COMMON means that cops can circumvent 4A.
(4) DO NOT answer any questions. "Name, Rank, and Serial Number", NOTHING ELSE. You are not obligated to give the officers information, and your 5A right to not self-incriminate isn't suspended during the encounter BEFORE you're arrested and "Mirandized". E.G., they can use WHATEVER you say to them, WHENEVER you say it, and not just once you're arrested!
(5) DO ask for your attorney. Of course, on the roadside, your lawyer isn't just going to magically show up. You say this because under Miranda and 5A, you have the right to have counsel present when being questioned by the police. The courts have ruled that they're not allowed to continue the interrogation, but that typically won't stop them from continuing to browbeat you. Just keep repeating, "I want my attorney...". And no, "Lawyering Up" is NOT probable cause to arrest, it's not even reasonable suspicion to detain; don't let the cops bully you into not asserting your civil rights.
You do wander around a bit Steve but you are a lawyer. You also give a fair and complete report on whatever aspect of law you are covering. Keep up the good work.
I'd be nice to the cop and just say "I do not consent to any searches and I am invoking my right to remain silent." If the officer continued to attempt to ask me more questions I would politely remind him/her that I have invoked my rights. That at the very least gives your attorney A LOT to work with if things should go sideways.
Actually, you must invoke your right to an attorney in order for them to stop asking questions.
@@stephengreen3566 You only need an attorney if arrested. Invoking the 5th protects self incrimination.
@@oldmanfunky4909 You need an attorney when you want an attorney.
Lawyers have the best sense of humor.
A situation where as the passenger you might have to take a breathalyzer. If you have been stopped, and your driver friend is drunk and they are taking him to jail. And they are determining if you are legally able to drive his car home with his permission instead of it being towed.
If the driver is getting arrested for driving while intoxicated then I take the long walk home and let them deal with it.
Nope. If you haven't committed a crime, it doesn't matter if you've been drinking or not. They have no probable cause to test you.
Thanks for this Video. Cant tell you how many times Ive been a passenger in a car and being pulled over. Everyone in the car had to give our Identifications. Its only because our parents have imbedded into us that IF a police officer asked you a question you are to do what he wants without talking back or smart mouthing him. AND God forbid there be illegal drugs in the car cause if the driver goes to jail you all go to jail.
This information you just shared will be very useful
You are an superb teacher.
Police: Do you know why I pulled you over?
You: Because you're lonely?
My favorite is from comedian Sarah somebody: Cop: do you know why I'm here? Driver: You didn't do well in high school.
One time, I got pulled over with my best friend as a passenger. We were going to a 24 hour grocery store because we decided that we wanted some gummy worms. Since I knew it was late, I was abiding by the law perfectly but I got pulled over anyway. Two cops got out and came up to both sides of the car with their weapons drawn, but not pointed at us. It turned out that my car must have resembled someone they were looking for enough that they were afraid of us. I ended up getting a ticket for a bright headlight that was flickering... except I didn't have my brights on so there's no way the cop could have known there was anything wrong with them. I fixed the light but still had to pay $10 and show that I had fixed it at the police station. It was ridiculous, but I am glad that neither of us got shot because those cops sure were on edge.
@Luffaman alright. Why do you have to ticket them? Why not let them know and be helpful instead of a prick?
Since 9/11 the police have been Israeli trained in the Academies. They are taught that ALL citizens are Domestic Terrorists out to kill them. Look up the number of citizens killed by police before 9/11, then after ....the number will astound you. They are told to do whatever they need to in order to make it through their shift and make it home to their family. I shit u not.
That’s fucked up because the police are the domestic terrorist with sovereign citizenship and also the military (federal) take an oath to protect this country against terrorist foreign or domestic not the city or state. The military needs to come in these cities and clean house against these rouge police.
So, just to be clear. I'm sitting in the passenger seat. We've been pulled over by the cops and now I'm gonna lose 15-45 minutes of my life waiting for the cops to hassle my buddy for giving me a ride home and I can't clean my AR15 in the backseat and shouldn't reach for it? Whoa Steve, whatever happened to my 2nd amendment rights? LOL. Thanks for clearing that point up for me brother, much appreciated.
It is always good for people to understand their rights, it might not save your life, but I had a teacher that taught us that way back when in was in high school back in 1970's.
"Do you know why I pulled you over?" -With puzzled look on face... You thought I had a box of donuts in the car?
It's really sad that people still fall for that. It's basically asking, "what crimes would you like to confess to before I tell you what I saw?"
After cops doing me crappy a month ago… I hate them so much right now… I might have to use that one day. They have done me crappy my whole life and I am ready to wage war.
🍩 I think I need to buy a pack of donuts… Those little Debbies never go bad so many preservatives LOL I’ll just hand them to the cop. 🤣🍩🤣
Police officer pulls over a car that was speeding, and sees there is a couple in the car. The officer greets the man driving, and says, "You were going a little fast sir. I have you clocked at 82 in a 70". The man answers, "That's impossible! I had my cruise control on!" The wife exclaims, "George, you were just bragging about never doing the speed limit, that speed limits are for sissies!" The man turns to her and says, "Shut up, willya? The officer then says, "Sir, I see you also don't have your seat belt on, and it's required by law in this state." The man says, "Oh! I just took it off when you pulled me over so I could reach my wallet." The wife says, "Oh George. You always say seat belts are for sissies!" The man turns to his wife, and along with "Shut Up!" informs her of what female animal she resembles, along with certain acts she should perform on herself. The officer asks the wife, "Is he usually this rude to you?" The wife says, "Oh, only when he's been drinking."
That's good.
lol snds like my parents before us kids came along
🤣🤣🤣🤣🤣🤣🤣🤣
Who needs a wife like THAT?! Holy shit! Lol
@@wizard3z868 are you sure it wasn't after.....
Steve gave good advice for the passenger and that knowledge by one officer stopped a nasty situation from developing at a DUI checkpoint. My wife, who did not have a driver's license, and I were returning home after a Saturday evening out with friends. The checkpoint was approx 5 miles from our house. There were 3 county deputies and a state policeman. I don't drink so I had no concern about the stop. I handed the documents to the deputy. Of course, he asked about whether I had anything to drink and then he asked the identity of the passenger. I told him the passenger was my wife and that she had no license and hadn't driven for several years due to a disability. She asked me when I put my window down if she needed to lower her window and I said no. While I was talking to the deputy, I heard a tapping on her window. Another deputy was telling her quite loudly to lower the window and give him an ID. Right before he began tapping and yelling the sheriff walked up. We knew each other. The deputy on the right side of the car told my wife to lower the window and to give her ID to him, or he would break it out and drag her out of the car and place her under arrest. To say that she was frightened is an understatement. She was terrified. The sheriff went around the car and dispatched the deputy. He came back and apologized for the behavior. I found out later that the deputy was fired and charged with a criminal act, which I am not at liberty to reveal here. When confronted by the type of situation we had that night, if it had not been for the sheriff being there I do not want to think about what might have happened to my wife and me. There are times when a situation is such that it can spiral out of control quickly even though there isn't any violation. The question becomes what can be done when it happens. That is a tough one to answer. BTW, I am a retired police officer and the sheriff had known me and my wife for a lot of years. Believe me, he was one of the good guys. He told me later that he had been told of the deputy's previous conduct but did not have enough proof to fire him. Along with that night and another incident he got enough evidence to fire him and arrest him for a crime. This was before cameras and videos were in vogue so proof was not easy to come by.
Steve, I totally agree with you. I am a retired Probation Officer, Prosecutor and Judge and have been asked many times by people about what to do when pulled over or otherwise confronted by a police officer. I always tell them to be polite and cooperative with the officer, even when you feel like you should not have been confronted. The reason, beyond just being a polite person or simple logic, is that on the street, the officers have all the power. They are armed and have armed backup. They can charge you with a myriad of traffic offenses and/or crimes, whether proper or not. If an officer acts incorrectly you are still not in a good position to protect yourself on the street. If you are polite and cooperative it is very possible that you can avoid being charged with traffic or criminal offenses. If you act like a jerk, things may not go well for you, even if perfectly innocent, until you go through some very unpleasant experiences, such as being manhandled roughly, handcuffed, thrown in the back of a filthy patrol car, fingerprinted, photographed, thrown in a dirty jail cell possibly with various creeps where you may wait for hours, days or longer, charged with crimes and dragged through court, spending a fortune to defend yourself and possibly losing. If the cop misbehaves, you make a complaint and then, depending on the circumstances, hire the biggest, ugliest attorneys and assert your rights where you have a chance to succeed. I am always polite and I have not been ticketed since I was a teenager. Of course, I am careful to obey all traffic laws as I don’t want to be a hypocrite by doing something that I punished in one of my legal careers.
I got pulled over once in my pickup with my Yamaha strapped up in the bed, and the officer asked for my ID and paperwork, then demanded my passenger present his ID. My buddy pulled out his Bar card and attorney business card and handed it to him. Immediately the cop says "Uh, I'm responding to a call of TWO GUYS with a stolen motorcycle" ...
What's your point?
No the point was since he was a lawyer the cop trumped his card by saying the motorcycle was stolen 😄. So after he said that anything goes!!!! It’s called lying 🤥.
So did you go check to see if they were really looking for a stolen motorcycle. Inquiring minds would like to know. Apparently when I was younger they were always looking for someone that I fit the description too. Yeah right.
Faaaaaakke!!
@@davesteadman1226 it's illegal to demand ID from a passenger during a traffic stop and the cop knew it and realized when my buddy was an attorney he had to make up a lie to cover his ass.
Steve, I was detained by the DNR along a road side when I refused to do a consent search of my stored away firearms that I admitted to having the officer told me I have that right but if I use it he would have my vehicle towed and impounded and then he could do an inventory search. Ive been told that is coercion. What are your thoughts?
Yep, coercion.
Do have him on camera saying that?
Dnr have different rules then police
The problem with arguing something in the courtroom is that you have to go to court. For most people that means missing a day of work and they might not be able to afford it. If they can talk themselves out of a ticket, that saves them from having to go through that.
I have been down the rabbit hole on your videos for the past 2 days....
I was hoping you would cover the legalities of when an officer pulls someone over for a traffic infraction and ask the passenger or passengers for their license just to run for warrants.
He just did.
As a passenger you don't have any more rights than the driver. You just have fewer responsibilities.
en.m.wikipedia.org/wiki/Stop_and_identify_statutes
Macks the cops gone kill ur ass one day!
I appreciate your videos. I accually shared and headed it with show your teens because they share rides.
Steve, I live in CT. CT has an imp-lied consent law.. as do most states. As such you must present your drivers on demand of a police officer. The drivers license as I understand it actually belongs to the state, Isn't that correct?
I've been binging on these videos. I love this one, most of it is basically twit control haha.
Have you considered painting a red arrow on the wall pointing to the Breitling box?
Always interesting, thank you.
Thank you, always enjoy learning your take and the laws...you didn't mention how things change if the driver, or any of the passengers, are on probation (hahaha, maybe it's just common where I'm from in California, that that's asked -- or, maybe just because I used to work day labor jobs and my ride looked a certain way).... Anyway, is it true that everyone has to answer that, and, once anyone does say yes, that everyone can be searched? Thanks again!
Before moving into law enforcement I was working HVAC. After a late night repair, I had my coworker drive my work van to the metro area from the rural location as I was tired. The local police pulled over the van because of the hour.
I attempted to converse with the officer from the passenger seat as this was my van. The officer told me to remain silent; he suggested that I was so intoxicated that I had asked my coworker to drive the vehicle. He wanted to know how much he had to drink.
IP
The traffic stop was illegal because there was no RAS and there is no reason to answer a question concerning how much you have had to drink.
Whoa hold up. Where's the $100 bill in this video?!? Are my old eyes getting bad? lol
under the red paperweight next to the Legally Awesome mug. (right side of top shelf)
Hey Steve, on this subject, if there was a roach in the ashtray can we all be charged with it if nobody claims it?
At 2am on Memorial Day weekend, got pulled over for DUI. Cop ran a couple physical tests, passed easily since i was stone cold sober. He wanted me to do the alphabet backwards, which with my learning disability, i cannot do. Ended up saying, "I have a disability and can't pass that test. Can we just save time and skip to the breathalyzer so I can blow a 0.0 and go home?" Cop thought about it for 5 seconds, then told me to have a nice night and drive safely.
It is hard to argue that your rights were violated if you are dead.
They need to come up with another system. People are just now learning their rights, and it will bring the wall down with a crash.
Seems to be a 2 tier system, people are now understanding this fact.
You are correct, there is a two tier system. One is called "private" and the other is "public".
Hey Steve can you please talk about bicycles with motors ie a bicycle with a motor mounted on it usually done by the owner of the bicycle what is Michigan law pertaining to this and is it still considered a bicycle by Michigan law do I have to register it
Amazed more people do not take advantage of such valuable info being given away. Hidden gem sir.
Interesting point. I read law books as a hobby and sometimes out of necessity. In the late 1980's early 1990's I was reading the Florida Statutes Annotated. Not the statutes themselves but a judge's opinion. I was reading FS 901.151, (several paragraphs) and the judge had given an opinion regarding arrests. The judge described a scenario "If a person were sitting on a staircase when a police car approached, the person pointed at the police car and jumped up and ran away. This is not permissible criteria to make an arrest and further is specifically denied criteria to make an arrest."
Hey Steve do one on timeshares The endless loop Holes and catches to the contract
"Show me the man, and I'll find you the crime"
Lavrentiy Beria, NKVD
(The People's Commissariat for Internal Affairs)
I had an actual police officer say that to me.
Also, in the USA, it feels like it is true. So many laws it is impossible to know if you are breaking one.
@@DavidMyhill Most municipalities (read, almost all) can't even give you an accurate count of those still on the books...
Any time a cop asks you a question, they are investigating you for criminal activity.
Reasonable advice that could potentially save one's life.
Are you suggesting that crack isn't medicinal?
Check your state law.
You sir are a gentleman and a scholar
Cocaine is...but once you rock it up, I don't believe there are any accepted medical uses in The Untied States.
@@readilium3432 as is heroin (diacetylmorphine) 💁♂️
Only time I asked to leave when a passenger, i was in a taxi who got pulled over for running a red light. They asked if I saw he ran the red I said no, I was looking at my notes for a meeting. They made me pay the meter before I took off, though.
LOL, this was probably in 1995, way before Yelp
I've been pulled over a few times. The funniest time I had a friend with me that, I didn't know at the time, HATES cops. She also is a little messed up from a car wreck in her youth, something like a stroke victim. Her mind is all there but she doesn't speak well. I didn't pay the interest on a ticket I had from awhile before turns out. He is explaining to me that my license had been suspended and she is over there freaking out on this cop like an angry Rottweiler, "f bomb pig can't mind his own Fn business WTF on and on". Finally I said to the cop "excuse me a second". I turned to her and yelled "shut TF up! I don't need any more trouble than I obviously already have!" She finally stopped yelling at him. He gave me the ticket, I was just across the state line for my state. I said "I suppose this means I can't drive home now?" He looked over at her and then me and said, "I'm busy". He got in his car and left. I think that guy felt more sorry for me having to deal with her than he was concerned about if I drove home. I thought he would be pissed but I think he was actually laughing. Now I know, she HATES cops......
I've been a criminal defense attorney for 44 years. 21 years in Chicago and 23 years in Texas.
I recently traveled by car to visit some drug dealing clients in another city several hours away.
On the way out I got on I-25 and was stopped by a State Trooper for going two miles over the speed limit.
I knew exactly why I was being stopped.
I handed the trooper my license, insurance card and a business card.
He checked me out and politely said good bye.
I then called my clients and explained to them that there was surveillance on them.
I explained to my clients that the reason I had been stopped was because it is the practice of law enforcement to check out all those that meet with people they have under surveillance... to determine if the stranger may be a co conspirator. Vehicle stops for purposes of investigation rather than for traffic infractions are called, "pretext stops".
Two days later my client's home was raided and the police found nothing.
Officer "nice day isn't it?"
Driver "You can't ask me that"
Driver: "I don't answer questions"
Driver; "It was until I got pulled over"
"I'm not engaged in commerce."
In WA State, a driver is someone behind the wheel for a paycheck. It's all in the definitions. They vary state to state, it's worth looking at your own statutes.
If you're interested further, look up "Of Personal Liberty: the truth of motor vehicle infractions", by Verl Engel.
@@peacefulstreetslewiscounty5762 Hows that working out for you? That might bamboozle a couple of cops, but once they get tired of your bullshit, you'll end up in a cell. Driving on a public road is consenting to a contract... license, registration, proof of insurance. If you don't like it, ride a bicycle, those have "The RIGHT to the road", no other bs required... especially in WA State where you can't even get a DUI on a bicycle... worst case scenario, they can haul you in to dry out, store your bike until you are sober and give it back... no charge.
Officer: "Your Honor, I did have probable cause to search his vehicle and take his money into civil forfeiture. I became suspicious of the subject when he blatantly lied to me concerning the weather. He told me it was a nice day, when it was clearly very warm and humid."
Steve, most people, including myself don’t have any idea what specific laws are applicable in the state they reside (or are traveling through) so at that point we would need to trust that the police officer is telling the truth. How would we deal with a situation like that. Sure we could politely ask the officer to give us a minute while we do a google search to research the law but as I understand it, there are so many laws on the books that the average person (including the cops) commits 3 felonies a day and doesn’t even know it. I am not being facetious here, I am asking a serious question. I have always been polite to cops and have several friends who are cops and judges but I have also encountered some psychopaths. Even one that put his hand on his gun and say I have no rights on his road. P.S. my mother worked in the courts and knew the right people so I/we got him removed from the police force.
If you assume every stop is a DUI stop, you won't be wrong. And don't trust what the officer tells you. He's conducting an investigation, and allowed to lie about quite a lot of things.
You're best off researching the laws in your state beforehand, and saying as little as possible to any law enforcement officer.
@@peacefulstreetslewiscounty5762 ... If you are traveling through different States it is very difficult to have the laws for each of the States you will be going through on hand. Many website that offer to the public the State Codes etc are very cumbersome to do an on the spot searching through to locate the exact law(s) that will either fill the bill for the ticket or exonerate you on the spot.
Hell I was in one traffic court where the prosecutor had the Code book on her desk looking up each law as she presented each case. In a couple cases the judge dismissed the charges but that was due to them having used the wrong code for the violation on the ticket.
My husband spent nine years as a police officer, and then passed the bar to go to work for an insurance company. Our son got two stop sign tickets in our subdivision. It turned out that in Ohio, all traffic control devices must be erected at particular distances above the ground, or the sign is “not enforceable “. The second stop sign was not posted high enough, and the juvenile court magistrate had to dismiss the ticket. The first ticket, the officer wrote the wrong intersection on the ticket, and he took in a photograph documenting that no stop sign existed at the location on the ticket. The magistrate dismissed that ticket as well. Our son, all of 17, then flashed the biggest, broadest smile you ever saw. The magistrate turned beet red, stood up and yelled “get out of my court room” !!!!!
Thank you very much for this post.
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