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Should A Private Citizen Consent To Searches? (John's Briefs) 

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10 сен 2024

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Комментарии : 678   
@mikequinn8780
@mikequinn8780 3 года назад
Don't just say no, make a declarative statement. Officer: "Do you mind if I search?" Me: "No" Officer in court: "He said he didn't mind." Saying "I do not consent to any searches" doesn't leave any wiggle room.
@red9man2130
@red9man2130 3 года назад
Precisely!
@Scientist_Salarian
@Scientist_Salarian 3 года назад
100%. Many LEO’s are trained to be tricky with words, and our legal system is obsessed with minor technicalities.
@srt4b
@srt4b 3 года назад
For sure. Get rid of words like nah, nope, yeah, uh hiuh, maybe, ok, etc from your vocabulary entirely.
@langhamp8912
@langhamp8912 3 года назад
Do you mind if I search your vehicle? Do you have drugs in your vehicle? These two sentences are said together; answering no or yes to either one results in you being searched or arrested. Hence, do not say anything except "I do not consent to being searched".
@bobsmiley6255
@bobsmiley6255 3 года назад
Great point in clear communication.
@henryc1000
@henryc1000 3 года назад
John, knowing how to exercise your rights would be a great “sub-section”of your channel. Knowing how to exercise your rights in the knowledge of past Supreme Court decisions would be an essential component to the success of this venture IMHO.
@Jim-ud1vs
@Jim-ud1vs 3 года назад
Spot on…spot on!!
@spacedaddycereal73
@spacedaddycereal73 3 года назад
Diddly diddly
@SnapD24
@SnapD24 3 года назад
It's sad that we need people, like John here, to essentially be our legal "pastors," but I appreciate the effort and work he and his whole crew put into the main channel and this one. It's so easy to share this with people when I get into debates with folks in person or online.
@proceramic7422
@proceramic7422 3 года назад
I believe there should be consequences to failed searches. If they don't find what was stated in the warrant then serious penalty should be levied against said judge and police dept.
@MrProfchaos71
@MrProfchaos71 2 года назад
Whatever guy. A huge issue with our rights is bad Supreme Court decisions in favor of government over the individual. You know these are the same people who said killing babies and same sex marriage among other things are in the constitution.
@hershbagelstein545
@hershbagelstein545 3 года назад
When the cops tell you “everything you say can and will be used against you” that isEXACTLY what they mean. Shut up, even if you are the victim.
@tasteslikeawesome
@tasteslikeawesome 2 года назад
They can also use your silence as evidence against you in a court of law. It’s a miscarriage of law thanks to SCOTUS. The right to not self incriminate means your silence cannot be incriminating evidence.
@shindrithargriethrat8408
@shindrithargriethrat8408 2 года назад
I've been a cop for 25+ years and counting. I've never read "Miranda" to a victim.
@sfcretired1166
@sfcretired1166 2 года назад
What is not said, and most people do not realize, is that nothing you say can be used to help you in court. Do not talk to law enforcement except through an attorney.
@shindrithargriethrat8408
@shindrithargriethrat8408 2 года назад
@@sfcretired1166 This is absolutely 100% horrible advice from someone who has absolutely no experience in the system. I have investigated many cases where the person who was initially the suspect gave me enough of an alibi to clear him/her so that it never even went to court. One of my favorites was a Marine who was accused of rape. The details he provided me allowed me to prove he was telling the truth, including finding security footage from a bar that showed the accuser all over him and french kissing him, in complete contrast to what she said happened. Had he got an attorney and refused to talk, I'd have had enough PC to arrest him and let the system sort it out and he'd have gone through hell. As it was, I arrested her for making a false report and he learned a valuable lesson about sticking your wick in anything that moves. It is absolute foolishness to say that you should NEVER talk to cops without a lawyer. That only benefits lawyers, who would be more than happy to take your money to clear your name when you could have done it by providing the cops a viable alibi. Now, if you DID do the crime, then yeah, get an attorney.
@Virvum_Juggernaut
@Virvum_Juggernaut 2 года назад
@@shindrithargriethrat8408Witnessing her “French kissing” him on video is not proof of his innocence and not proof that she wasn’t raped. You are the one giving “horrible advice” from a LEO’s perspective to make your job easier. Making a statement (especially regarding a rape allegation) to a cop without consulting your attorney is not beneficial to the accused. Edit : I have experienced more than your 25+ yrs “in the system”.
@notthefather3919
@notthefather3919 3 года назад
Never! Your consent erases any challenges you could have to the constitutionality of the search. Make them do their jobs and establish probable cause.
@ASPextra
@ASPextra 3 года назад
I would say *let* them do their job. :)
@notthefather3919
@notthefather3919 3 года назад
@@ASPextra I would say make them do their jobs as in consenting lets them bypass all the constitutional protects criminal suspects have. So withholding consent forces them to follow the Constitution.
@sin7368
@sin7368 3 года назад
@@notthefather3919 only cowards and criminals would refuse to speak or not consent to a search........if you have nothing to hide...what are you worried about???
@Bullzeye1000yds
@Bullzeye1000yds 3 года назад
@@sin7368 That is a TRULY IGNORANT statement.
@wildearpsadventures4991
@wildearpsadventures4991 3 года назад
@@sin7368 In a perfect world sure, but there are too many cases out there where this is proven false
@BrassBashers
@BrassBashers 3 года назад
So many people just give in to authority that when someone like me flexes their rights and won't consent to an unlawful order or search, the cops get PISSED and make your life hell until you give consent or they can charge you with something. My lawyer always told me "Comply, but do NOT CONSENT to anything!"
@ASPextra
@ASPextra 3 года назад
Yeah, don't fight the cops on the roadside, but don't consent to any searches and if they insist, ask them to start their bodycam so it is on public record that you do not consent to any searches.
@BrassBashers
@BrassBashers 3 года назад
@@ASPextra yep. Many think I'm anti-cop, I'm not. I'm anti-breaking the Constitution to get arrests. I'll comply until they start trying to violate my rights and then I will stand up for myself. It's sad to see many older (35-50s) cops these days get angry when you do that.
@TheHolyGhost777
@TheHolyGhost777 3 года назад
@@ASPextra Legally, cops are not allowed to hold you for longer than is necessary to investigate whatever they pulled you over for... So, if you tell them you would like to be on your way, then, even if they subsequently charge you with something unrelated (like drug possession), it has to be thrown out in court because the search takes longer than writing a ticket.
@nazmountaingirl
@nazmountaingirl 3 года назад
@Red Beard's Racing Yes, right now is a very transparent time for people to see the corruption; how it is allowed and supported by many claiming to be public servants.
@bvoyelr
@bvoyelr 3 года назад
Civil rights: use 'em or lose 'em.
@VladimirTheLeadHead
@VladimirTheLeadHead 3 года назад
Absolutely not !!!! Never ever !!
@vincepasorelli813
@vincepasorelli813 3 года назад
At the shooting range I frequent I see the “sticker dudes” with NRA,Ruger, S&W etc. advertisements all over their POV’s. Well guess what? For the love all things sacred DONT advertise your vehicles contents! Good guys and bad guys will take notice!
@benfrank1583
@benfrank1583 3 года назад
@@keelan1085 for many of them yes. If they are trained in weapon retention then so be it. I've open carried while having my CCW and it's def different. Everyone has there eyes stuck on you when you open carry around my town
@errolm8313
@errolm8313 2 года назад
Omg! I've heard this years ago! And to this day, I DO NOT have any "gun advertisements" on my vehicle. I'd rather get the bad guy(woman) by surprise
@errolm8313
@errolm8313 2 года назад
@@keelan1085 agreed. This is one of the great reasons I don't open carry.
@benfrank1583
@benfrank1583 2 года назад
@@Watchdog_McCoy_5.7x28 this also yes
@jeroldpickard947
@jeroldpickard947 2 года назад
There is a dude running around east King county with stick men figures of him shooting pedophiles
@jimmyc69
@jimmyc69 3 года назад
"I don't answer questions. I don't consent to searches. Am I free to go?"
@InGratitudeIam
@InGratitudeIam 3 года назад
As to consenting to a search of a vehicle, you've now allowed them to rip up your carpeting and tear off the panels of your doors. Once done, you get to put it all back together.
@greenvilleobserver9431
@greenvilleobserver9431 3 года назад
and plant drugs. plenty of that going on. cops are like a box of chocolates, you never know what you're going to get.
@Scientist_Salarian
@Scientist_Salarian 3 года назад
This happened to a friend of mine. She innocently consented to a search, having erroneously been raised to believe cops are the good guys. They completely destroyed her car and left everything on the side of the road for her to put back. The pictures of the damage are shocking, and the legal fees to recover damages were 7-8 times the cost of the upholstery repair. The officers weren’t even censured by the court. The attitude of the whole legal system was basically, “Oopsie.”
@krotchlickmeugh627
@krotchlickmeugh627 3 года назад
@@Scientist_Salarian better hope they dont find any cash whatsoever. Then youre dealing with having your car seized and your cash seized without them having to charge you with a crime. Then its your duty to try to convince a judge that you are lawfully possessing that cash.
@finngamesknudson1457
@finngamesknudson1457 3 года назад
If they ask “do you mind if I ...” the answer is YES. As in “Yes I do mind. No I do not consent.”
@pbp6741
@pbp6741 3 года назад
It’s far safer to answer with the simple affirmative statement, “I do not consent to any searches,” than to muddy the water with yes or no which can be readily misinterpreted under the circumstances.
@Virvum_Juggernaut
@Virvum_Juggernaut 2 года назад
“I refuse!” or “No! You may not!” are both more assertive denials than anything beginning with “Yes.”
@fixitrod4969
@fixitrod4969 3 года назад
The lack of police training and an officers mindset that 'a citizen can just deal with it in court' has ruined many lives over false bull crap!
@pbp6741
@pbp6741 3 года назад
Terry is fantastic. Thank you for bringing us these invaluable legal discussions ... and much appreciated.
@ASPextra
@ASPextra 3 года назад
Glad you enjoyed it!
@timinwsac
@timinwsac 3 года назад
Officer...do you mind if I search your car? Me....only if I search your patrol car first. What? Why not? Do you have something illegal in there?
@pbp6741
@pbp6741 3 года назад
Ha! I would love to watch the camera footage.
@notthefather3919
@notthefather3919 3 года назад
🤣 good one..but .. What if they say yes?
@timinwsac
@timinwsac 3 года назад
@@notthefather3919 I think ya have a better chance of being hit by lightning and winning the lottery all on the same day.
@american236
@american236 3 года назад
Just because they don’t ask you to search your car and search it anyway without probable cause doesn’t mean it’s ok. Also it’s not ok for them to take your gun during a traffic stop.
@Direwolf1166
@Direwolf1166 3 года назад
I recommend recording the conversation itself. I've seen cops try and mute their badge cam, I've seen them file the badge cam under wrong dates.... Most cops are good. But i don't think should risk them collecting evidence that damns them. Collect it yourself. that way if theirs gets "lost" you still have it yours proving you didn't say they could. Plus that's a first amendment right. They can't stop you from recording. You can record any public official acting in their capacity as a public servant. In other words, cops have to let you film them.
@AWDfreak
@AWDfreak 3 года назад
In the state of California, citizens are not allowed to film law enforcement officers if the camera is concealed.
@Direwolf1166
@Direwolf1166 3 года назад
@@AWDfreak I'm pretty sure that wouldn't hold up in court. But even with that just tell them their being recorded.
@AWDfreak
@AWDfreak 3 года назад
@@Direwolf1166 I'm just letting people know what is on the books in the state of California. In most places, filming public servants such as LEO's is fine, but this is one of many ways that California screws over its citizens.
@escapedfromnewyork
@escapedfromnewyork 3 года назад
I remember back in late 1985 or early 1986, I lived in California. That's when they passed the seat belt laws. At the time, there was an uproar about it and they PROMISED it would never be used to pull someone over. They'd only issue a summons if they were pulled over for something else. We saw what happened with that.
@mr.robinson1982
@mr.robinson1982 3 года назад
Abso-fcking-lutly record them & EVERY INTERACTION YOU HAVE WITH THEM....THE ONLY PERSON THAT WILL LOOK OUT FOR YOUR BEST INTERESTS IS YOU.
@sbreheny
@sbreheny 3 года назад
Technically if they say "do you mind if I search?" The answer would be "YES - I do mind"
@chrisscala4221
@chrisscala4221 3 года назад
I caught that at the end as well.
@Scientist_Salarian
@Scientist_Salarian 3 года назад
Exactly. That’s why the answer should always be, “I do not consent to a search”.
@billiewhat1240
@billiewhat1240 3 года назад
The actual correct answer is "I do not consent". If you respond to "do you mind" with "yes", the cop will take that as permission to search. They purposely phrase it that way, because different people interpret "do you mind" differently.
@krotchlickmeugh627
@krotchlickmeugh627 3 года назад
@UCRfHEChgvEe6kJylqWXj6qA you can stop a search anytime after you consented. If your ignorance got you there in the first place is a problem. But the point still stands.
@alexandsimba
@alexandsimba 3 года назад
Letting them search your car or home without a warrant actually makes them into bad cops. They will become lazy and when the next person says 'no' they will get upset that someone is making them work extra and take it out on them.
@billpierce1788
@billpierce1788 3 года назад
they are taught that tactic in police academies. Like he explained, most criminals give verbal consent.
@greggbates7562
@greggbates7562 3 года назад
ERROR! “Do you mind if I search your vehicle?” The answer is YES! Not “No”!
@kellyschlumberger1030
@kellyschlumberger1030 3 года назад
While travelling thru Cardington Ohio about 2007, I was pulled over by a Cardington officer. He said he wasn't familiar with me or my vehicle and wanted to do a random search. I wasn't in a hurry and consented. A few minutes into it he was frantically holding his hand up and swinging his hand around, saying WHAT IS THIS STUFF? I got him some paper towels and apologized for forgetting to tell him I got hungry and opened a package of raw ground beef and one of cream cheese and was eating it when he pulled me over. Guess that could be kinda scary. He, trying to look brave, said No, it's OK. I managed to wait till I was down the road aways before I cracked up laughing. Thanks for good advice. I had to throw away the rest of my impromptu lunch, since the guy rammed his fingers thru it. It was worth it.
@brianpaul21
@brianpaul21 3 года назад
So great to see my favorite pro-law enforcement channel on this side of the argument. You’ve nailed it here, buddy.
@zack9912000
@zack9912000 3 года назад
Absolutely never consent to any search. Majority of charges people face are self-induced.
@johnthree1611
@johnthree1611 3 года назад
Yep. Pigs don't care about destroying people's lives for their own gain.
@osisikenny
@osisikenny 3 года назад
Great video guys. Wording can matter. Officer: you mind if I search your car? Citizen: No Officer starts searching… Citizen: No No No Officer continues search… Understand that the first citizens response of No can be viewed as : No I don’t mind (per English grammar). Definitely verbalize: I do not consent to searches. Keep up the great work John.
@TallMichelleWithTheLongHair
@TallMichelleWithTheLongHair 2 года назад
My friend has never done drugs in her life. We've been friends since 1971. She was pulled over last month and gladly let the officer search her car. He found a little cocaine bag stuffed in between her back seat. She drives Uber. She went to jail and was convicted. SMH
@Zegger
@Zegger 2 года назад
That sucks man, I'm sorry for your friend and you
@sdsorrentino
@sdsorrentino 3 года назад
"No, I didn't learn it in Law School, and I won't. I'm an adult, I'm armed, and you can't make me!"
@robrob8366
@robrob8366 3 года назад
Ive been told by cops to say no as well,it was just not during an encounter when they said it. For the same reasons he said, no good can come of it.
@GoGracefully
@GoGracefully 3 года назад
They usually overcome consent by bringing out a dog that will "alert" on your car for whatever reason. My friend is a K9 handler and he makes a great point: A judge will have a hard time seeing my subtle encouragement of the K9 to "alert" as we circle the car.
@seansimmons73
@seansimmons73 3 года назад
Unless the cop has the dog with him he will have to call another car to bring the dog. Forcing you to wait for the dog could be considered illegal detainment. Simply ask " Am I being detained?" & if he says no then say "Well then I'm leaving then."
@red9man2130
@red9man2130 3 года назад
I recall a case for Cannabis Possession where the k9 alerted and when same k9 was brought into court it could NOT discern between a regular sandwich bag and weed. The person WALKED. NEVER assume k9 "searches" are airtight!
@TheBooban
@TheBooban 3 года назад
@@seansimmons73 they dont say no. And very few have lawyers to challenge any police abuse.
@billiewhat1240
@billiewhat1240 3 года назад
@@seansimmons73 You are being detained when you're pulled over. Asking that has nothing to do with anything. If a cop says he's calling for a dog, and you ask if you're being detained, the answer will be yes. If you tell the cop that's unlawful, he will ignore you. If you leave, he will arrest you. Record everything and if you have money, sue them later.
@comfortablynumb9342
@comfortablynumb9342 3 года назад
Actually they can't detain you any longer than it takes to write a ticket in a traffic stop. When they ask say "by asking you admit you don't have probable cause therefore no right to detain me anymore". My dad was a cop, he taught me that line.
@OCNative
@OCNative 3 года назад
Well, actually, if the question is "do you mind..." the answer is YES, I do mind, and then, I do not give consent.
@georgealicea2978
@georgealicea2978 3 года назад
Just say, NO, I do NOT consent, start recording, cause they going to try and bully you & you need all the evidence to screw them , if they going to try & screw you
@srt4b
@srt4b 3 года назад
@@georgealicea2978 Be respectful and courteous while being firm and clear.
@ScottMiller777
@ScottMiller777 2 года назад
Thanks, John for the vid! I take issue with the wording here. It can get a person in trouble if a cop is a legalist. Cop: Do you mind if I search your vehicle? Me: No. Does "No" mean "No you can't search" or "No I don't mind"? Couldn't it be argued in court that I meant "No I don't mind the search"? I say you have to use the full sentence, "No, I don't agree to searches!"
@adama1294
@adama1294 3 года назад
Never do a field sobriety test also. Those are subjective and the cop can always say it was not good enough. I have not heard about submitting to breathalyzer for concealed permits but in Texas there is not penalty for refusing the field sobriety test but you will lose your DL for 6m on the first time to refuse the breath test (Still might be better than a DWI or DUI). Second time is 2 yrs. Still hate it how it is perfectly fine for the cops to lie to you but lying to them results in punishments. Also CPS are not your friends. They are like tow truck drivers, sometimes needed, but mostly evil.
@MrBarstow
@MrBarstow 3 года назад
I've had several people call cps on me here in Texas, just to hurt my family. Always been ruled out. One time they came and said because we had so many cases they were taking my kids just in case, in an emergency removal. It's illegal but I had to fight them for over a year to get them back. Had three cases after and I tell them to get a court order. They never come back.
@marcsmith2708
@marcsmith2708 2 года назад
The Michigan CPL law says accepting a CPL gives implied consent to a breath, blood or urine chemical test. I am not clear though if it means the test after you’re arrested or the preliminary breath test on the side of the road. Those aren’t always accurate.
@Gibsoncustom89
@Gibsoncustom89 3 года назад
This is an amazing video to put out. Clear, concise, and not from a questionable source. The biggest obstacle for the average American is the "I'm not doing anything wrong so if I evoke the 4th I look guilty."
@dillonsnyder1172
@dillonsnyder1172 3 года назад
Great advice. My friends brother is in law school, and he says the same. In fact, his advice to me was to not even engage in unnecessary conversation. "I do not wish to speak about my day, sir/ma'am." No need to be rude or disrespectful, but people often dig themselves into unnecessary holes during what they think is just a friendly chat. For example, they might be investigating an incident that has nothing to do with you or your vehicle stop, but then during small talk you say something that could implicate you in the other incident in the officers interpretation. Now a simple citation or warning has turned into a citation or warning PLUS questioning or escalating suspicion/detainment.
@krotchlickmeugh627
@krotchlickmeugh627 3 года назад
There is not one single documented case of someone talking themselves out of a ticket. But every single person ever arrested talked their way there. The bill of rights is not a set of amendments on what we can do. (Nor should it be interpreted ever in any way other than what the amendments mean in plain english (but thats another story)) It is a document with amendments that are to limit what the government CAN do. Anything not mentioned is not free leeway to legislation. It is the law of the land. Nothing else is "lawful". Its not "We The Government" its "We The People"
@nwfreefly
@nwfreefly Год назад
John you’re such a good person. So much gratitude for you’re knowledge and passion on bettering our world.
@ASPextra
@ASPextra Год назад
Wow, thank you!
@darinbarfield8738
@darinbarfield8738 2 года назад
Had many many traffic stops over the years, never had an officer to ask to search my car. Only once I was stopped & had one firearm in plain sight on my center console, he asked for the weapon during the stop, and I provided it to him… also informed him that i had several more in my truck, and he said they were fine, just don’t reach for them. He wrote the speeding ticket & returned my firearm. Been stopped many times before & never had any problems, and I don’t automatically tell or inform them of my firearm, if they ask I will answer correctly… but unless it’s relative, I don’t volunteer information.
@ASPextra
@ASPextra 2 года назад
I have similar experiences. I live in AZ, so guns in cars is common.
@jimmyspruill5400
@jimmyspruill5400 2 года назад
Great video guys, love the explanation of " I have nothing to hide" VS " it's none of your business"
@alanmccright2282
@alanmccright2282 3 года назад
If you give your consent to a search, then anything they may find--an innocent screwdriver may be considered a concealed weapon--is admissible in a court of law. If you do not consent, it is contestable. That is why the police try to coerce you in to giving your consent. Don't shoot yourself in the foot--just say, "I do not consent to a search." If they threaten to get a warrant, (and many will try that bluff, hoping you'll cave), say, "I do not consent to a search. If I am being detained I want a lawyer, and I will answer no questions without my lawyer present." When they ask more questions, simply say, "lawyer, please."
@NCLUSA
@NCLUSA 2 года назад
I had a cop search me but it was ok with me, I had ran out of gas (not my fault bad gas gauge), the cop gave me a ride home so I could get a gas can so I didn't mind being searched, the cop said (I understand very well) that he didn't want someone in his car that might have a weapon. So when I got home I asked the neighbor lady to drive me me back to my car, she gave me a ride back to my car, but she had NEVER driven on the interstate before, that was a heck of a ride back to my car with her driving like 40 mph under the speed limit ) :
@tomporterfield4751
@tomporterfield4751 3 года назад
John, Texas Constitutional just became law Sep. 1, 2021. My question is if I'm involved in a traffic stop and the officer asks if I have weapons in my vehicle, do I have to tell him if I don't have a permit? I've never consented to a search and never will. Texas also has had the Castle Doctrine which makes our vehicle an extension of our house and has allowed us to carry firearms in our vehicle for years. When I've been asked if I have anything illegal or something he should know about, I've always said "no". Because a firearm is not illegal to have in the vehicle. I know if I had a carry permit, I would have o tell them. So if he asks, do I just tell him I plea the 5th?
@ASPextra
@ASPextra 3 года назад
You don't plead the 5th when it's not anything illegal, Tom. And you'd have to ask an attorney in Texas about how the Constitutional Carry affects duty to inform. You're not doing anything illegal conceal carrying in a car without a permit in Texas now, so I think the safe thing to do is to inform if asked.
@joeldriver5356
@joeldriver5356 3 года назад
1) I remain silent 2) I do not consent to any searches 3) I want a lawyer. If you ever interact with police write these three things down on an index card and hand it to them and don’t say shit
@Zoco101
@Zoco101 3 года назад
I once found a British cop pushing a car. I went to help him. He said he didn't need help, and that the driver had said the car was perfect. He was going to prove that the brakes were faulty. When they really want to get you...
@nokiot9
@nokiot9 3 года назад
No. Never. EVER. Even if they ask pretty please and promise to put a good word in with the judge. Cooperating with cops looking at you is the best way to dig your own grave. They lie constantly to make their job easier, they’ll tell you all kinds of crap to get you to incriminate yourself. Act like your buddy. Make small talk. Then all of a sudden they’re playing that small talk back in court
@SgtBooker44
@SgtBooker44 3 года назад
Awesome video, 👮‍♂️☕️🍩🇺🇸💙🙏👍. Absolutely do not consent to a search. I spent 4 decades as an LEO. There are 9 ways an LEO can search your “stuff”. Consent waives the other 8. Consent is very difficult to dispute in court. But a warrant, regulatory search, probation search, exigent circumstances, incident to arrest, plain view, fresh pursuit and the last one escapes me, all can be contested in court. Make them do their job. Subbed
@Snookchaser007
@Snookchaser007 3 года назад
Rule 1 Do not go to California or New Jersey. Rule 2 if you are a good sane sober normal person and live in these states move.
@gabrielf1911
@gabrielf1911 3 года назад
Should a citizen consent to any searches? NO
@onelifetolive927
@onelifetolive927 2 года назад
I appreciate you making the distinction that lawful does not equal moral. And stressing that not all laws are good or moral.
@ruralcounsel
@ruralcounsel 3 года назад
IF the question is "Do you mind if I search ..." the answer is "Yes, I mind if you search. I do not consent to searches." Don't let your answer be ambiguous, and pay attention to how they ask.
@Jor-El-Earth1
@Jor-El-Earth1 3 года назад
Always refuse consent to search. Make them get a warrant or force the search...in which case you have a good chance of getting it thrown out in court if it goes that far. Also get a good dash cam and record as much and for as long as you can during any traffic stop. If it comes down to he said / she said the court often weighs the officer's statements as more likely valid than your statements. Also write / take notes as soon as you can. It provides more validity to your statements if you can say that you wrote it down immediately after the incident. It is what the cops do. Do the same. Have a witness?...have them do the same.
@andychase7693
@andychase7693 3 года назад
Relative to your recent video of carrying a weapon (firearm) vs. transporting a weapon (locked in a case, unloaded and partially disassembled, inaccessible from the driver's seat), if the LE officer asks, "are you armed", and you are transporting a firearm (locked in case, etc.) but not carrying, can you say legally that you are not armed?
@elendarulianreo
@elendarulianreo 3 года назад
I think he covered it (briefly) in that video. Transport isn't carry, therefore you aren't armed.
@seansimmons73
@seansimmons73 3 года назад
AA- depends. In my state & Texas a gun in a glove department is legally considered immediately accessible, so you would be considered armed(even if there is a gun lock on the gun which is stupid but that's the law)
@M1911jln
@M1911jln 3 года назад
@@Asidebar that’s not what the officer asked, so don’t volunteer.
@TheSuperpunk92
@TheSuperpunk92 3 года назад
Thank you for this video discussion. Need more like it.
@davelindgren5245
@davelindgren5245 2 года назад
A friend of mine posted a sign on his farm's driveway that said "No warrant, no entry". 2 officers came down his driveway anyway until they hit an electric fence. They asked him what the sign was about, he asked if they had a warrant, they said no. He asked them to leave and walked away. A week later he asked for a copy of the police report. On the report it said "Owner is hostile towards police". A week after that, he got a letter from child protective services telling him that they needed to do an in home visit to check on his kids. Totally disgusting. He is hiring a lawyer. He is a farmer. He can't afford this stuff and the police know it. 99% of officers are good men. These 2 guys are scumbags. They are threatening his kids because he threatened their authority. Disgusting.
@oldcop18
@oldcop18 2 года назад
During my career (retired in ‘97 w/30 yrs) I knew a car had something illegal if I stopped it b/c we had witnessed them “deal” from the car. I can’t recall ever going on a fishing expedition so my advise is do not consent to a search. The police are not a friend under these circumstances.
@BarnyTrubble
@BarnyTrubble 3 года назад
"Do you mind if I search?" "No" That's consent
@retiredboxingref7620
@retiredboxingref7620 3 года назад
Yep, and before you can correct yourself they have the door open. ..
@ASPextra
@ASPextra 3 года назад
Which you can rescind at any time. This is why "I do not consent to searches" is the correct answer.
@nicogreco6665
@nicogreco6665 3 года назад
Born n raised in Los Angeles Ca, have had my fair share of interaction with lapd and the lost hills and Ventura county sheriffs .. One of their favorite things to ask, and with out fail, “any guns, knives, bazookas, hand grenades in th car?” If you don’t laugh they search the car. And ALWAYS are saying, “FOR MY SAFETY “ …. I need to put you in handcuffs, For my safety …..just sit there on the curb For my safety im putting you in my car… Am I under arrest,?? “Be quiet until im done with my investigation “ Like you guys said, they’ve been playing this game A LOT longer … Also if we refuse a search because he said “it smells like marijuana, so I need to search the vehicle “. They say, “ fine, I’ll just have them tow and impound the car, adding a thousand dollars on to whatever else I give you”. In LA it’s best just to have a really good stash spot, arguing or trying to ‘out system’ these cops ends up badly., All that being said we normally did have things to hide etc, so can’t blame em., Stay safe out there fellow ASPers!🙏🇺🇸🇺🇸🇺🇸
@InGratitudeIam
@InGratitudeIam 3 года назад
Terry's consistent urgings to get John to go to law school and pass the Bar reminds me of Darth Vader trying to get Luke to switch over to "The Dark Side."
@billbryan8943
@billbryan8943 2 года назад
I'm very pro cop and anti drugs; I don't even drink alcohol. That being said, I wonder if a bad cop could establish grounds for a search by running a drug dog around your vehicle and faking a hit? I'm just wondering how easy it might be to establish grounds for a search when you refuse consent?
@rmls34
@rmls34 3 года назад
I am 51 years old and a retired police officer. I was amazed at how many guilty people would say "yes" to the question of "can I search your vehicle"...I didn't keep an exact count on it but probably 9 out of 10 people that had something to hide said yes...but honestly I usually didn't ask to search a car unless there were extenuating circumstances or instincts in play( the odor or of marijuana, past history or parole/probation status of the vehicle, past history with a passenger, the behavior of the individual, etc, etc)...but I have to admit, occasionally I felt moved by something greater than myself to ask for the search and found drugs...quick example...I stopped an elderly couple driving an RV for speeding...mostly everything seemed fine...BUT I found it odd that children's bicycles were on the back of the RV and they didn't have any children with them and denied having any grandkids or kids....ended up finding a couple hundred pounds or marijuana...But I agree with your attorney friend, if you have nothing to hide and it is posed as a question, say no...if we have probable cause it will be worded more like a demand or request....thanks for the video!
@rockdog3672
@rockdog3672 2 года назад
EVERYTHING TO LOSE/NOTHING TO GAIN
@DadBodDrumming
@DadBodDrumming 3 года назад
Always say NO. ...ALWAYS. No warrant No entry
@nomas81chi
@nomas81chi 3 года назад
Thank you!!! these videos are important.
@kylesanders8276
@kylesanders8276 3 года назад
I'm glad Terry takes his time to help make these videos. Flex Your Rights is also a good place to get information regarding interactions with police. You shouldn't challenge an officer with your own personal knowledge of the law (that could lead to a challenge accepted), but it really is like a chess game, and you gotta know the rules and boundaries to yourself, the officer, and the extent of the law.
@gscop1683
@gscop1683 2 года назад
Being a retired LE after 38 years in a major metro area in the South.....something you need to realize....many times when a driver and/or passenger is told to "step out of the car" is to then exercise Terry v. Ohio for "officer safety".....but Terry V Ohio Does Not Say Anything of the Kind ! Many Defence Attys tend to get this wrong......There is No Articulable Suspicion and Certainly No PC to Search a driver under those conditions. Unfortunately SCOTUS has Never addressed this type of situation directly. No Court that I Am Aware of has Ever Inquired of the Officer as to the Reason the driver or passenger was told to step out of the "car"
@robertwadas
@robertwadas 2 года назад
Officer testifies that the person seemed unusually nervous.... Works 100% of the time in court
@tvstevie9594
@tvstevie9594 3 года назад
Once you give up your rights, you don't get them back!!!
@prunabluepepper
@prunabluepepper 3 года назад
Lawyer: "I've done nothing wrong" John: "I've done nothing morally wrong" John.... That's not how it works.
@prunabluepepper
@prunabluepepper 2 года назад
@@donaldmack2307 no, because what someone finds amoral another might find moral. Example: in some countries females are stoned to death. They actually believe it's a moral thing to do. What if they are the ones who set the narrative fir all? Religion should never be the guideline for laws. And morals are a religious concept.
@bigsexy6617
@bigsexy6617 3 года назад
This is by far the best video y’all made
@Hisslave1
@Hisslave1 3 года назад
Rights, like muscles, grow weak if you don't exercise them.
@pooppoop3084
@pooppoop3084 3 года назад
Good sane morale people become labeled criminal after a run in with law enforcement sometimes
@escapedfromnewyork
@escapedfromnewyork 3 года назад
Whenever I say "whatever", my wife says, "What are you, John from Active Self Protection?" I started paying attention and it is John's go-to phrase, even more than the (fill in the blank) temperature challenge
@robertdean7778
@robertdean7778 3 года назад
I miss the room temperature challenge bits.
@onelifetolive927
@onelifetolive927 2 года назад
Lol
@coreybiggs8626
@coreybiggs8626 3 года назад
Game Warden stops you, its game over. They need no consent...In many places--especially rural area's, game wardens abuse this privilege
@AdvancedUSA
@AdvancedUSA 2 года назад
NEVER, EVER agree to a search. Do the exact opposite - “officer I do not consent but will not resist you”. Absent consent, a warrant or Probable Cause” if you say no and the cop finds or plant’s something it will likely get thrown out as evidence.
@docstockandbarrel
@docstockandbarrel Год назад
I had a border patrol dude ask if he could search my trunk at a check point. “No.” “Why not?” “You have no reason to search my trunk.” “Move along, have a good day.” Started recording all my interactions at the checkpoints after that.
@jackgriffith9229
@jackgriffith9229 2 года назад
Before watching this post, my short answer is NO !! 1) never answer questions from law enforcement!! 2) never consent to searches until law enforcement has a proper legal search warrant stating the location the time and date and a description of exactly what is being searched for! 3) Have an attorney and summon your attorney ASAP!!! Do not engage with law enforcement ask for legal representation from an attorney ASAP!!! 4) Do not ever break the law!! It is much easier to defend a suspect who is innocent!! 5) please be sure to watch and listen to this post as I am NOT an attorney!!!!
@nickf9392
@nickf9392 3 года назад
Never consent to anything, ever. I do not consent, repeat after me.
@guestguest3411
@guestguest3411 2 года назад
Cop: “Do you mind if I search?” Citizen: “No.” English language: You just said that you don’t mind if they search.
@CamelSmokes23
@CamelSmokes23 2 года назад
Exert your Constitutional rights. Amen John!
@EchoTangoSuitcase
@EchoTangoSuitcase 3 года назад
My personal policy on this issue: If I get pulled over for speeding, which happens with some regularity, and an officer wants to search my car, I will let him do it IF he agrees that when he doesn't find anything, I get to leave without a ticket for ANYTHING. It hasn't actually happened to me in years... Probably my White Beard Privilege. There have been a couple if time that I gave consent to search my car in a non-speeding ticket situation and I gave consent, but those were very situationally specific and I knew what was going on. I'd go into details, but the stories are WAY the hell to long to type out and a bit too boring to bother in any case. If I get asked to present ID, which last happened to me about a decade ago in a supermarket of all places, I will produce my driver's license and my concealed carry license. The reason to add THAT is simple; it lets them know that I have passed a fairly extensive FBI background check. And of course it doesn't stop me from invoking my right to remain silent if things get weird. If a cop wants to enter my home and it's not a friend on a social call, the answer is always no. That's only happened t me twice, and I hadn't actually done anything either time, but that's a hard no. I DID make sure both times to mention that it was nothing personal, it's just a policy of mine that certain lines don't get crossed without a warrant. There have been a couple if time that I gave consent to search my car in a non-speeding ticket situation and I gave consent, but those were very situationally specific and I knew what was going on. I'd go into details, but the stories are WAY the hell to long to type out and a bit too boring to bother in any case.
@chiplacey256
@chiplacey256 3 года назад
Always say I do not consent. They will ask the same question different ways to make you slip up.
@american236
@american236 3 года назад
Thank you for not being super biased when it comes to interactions with cops.
@frankshattuck1975
@frankshattuck1975 2 года назад
Try to never let anyone know you are carrying & avoid confrontations at all cost.
@steve6631
@steve6631 2 года назад
Even if they are investigating a crime committed by "someone else" say NOTHING unless you have an attorney with you. Can't afford an attorney....say NOTHING.
@johnthree1611
@johnthree1611 3 года назад
In AZ, it may be a crime to not give the right answer about carrying a fire arm, but you also do not have to answer their questions.
@comfortablynumb9342
@comfortablynumb9342 3 года назад
Simple answer to the question in the title, NO. Don't answer questions, don't consent to searches. When they ask for permission tell them they're admitting they have no probable cause to search, therefore no right to detain you. Take the lawyer's advice.
@DeltaVTX
@DeltaVTX 2 года назад
The only time I’ve ever had an officer ask to search my car, I denied consent. He jumped back like I had taken a swing at him and practically screamed into his radio: "I’VE GOT A FAILURE TO CONSENT TO SEARCH!!!” Ten minutes later, k-9 cop shows up. The officer led the dog around the car, tapped the driver side window, and the dog jumped up and barked. I spent the next hour listening to k-9 explain to me all the awards the dog had won for it’s nose, and watching officer 1 fruitlessly search my car. After some thinly veiled threats amounting to “you ain’t from around here” notwithstanding, I was allowed to continue on my way. Watch those speed traps in Georgia. I think they were so upset about not finding anything they forgot to give me the 5-over ticket in a construction zone out in the middle of nowhere in a spot that was nothing more than a road cone and portable speed limit sign.
@ASPextra
@ASPextra 2 года назад
That was clearly before 2015.
@DeltaVTX
@DeltaVTX 2 года назад
@@ASPextra 2012
@Zoco101
@Zoco101 3 года назад
I would say "Yes, I do mind" or "No, you cannot" (search my vehicle). Sorry to be pedantic, but surely we have to get it right and be polite too. A simple "no" can be ambiguous, and can also be considered passive agressive. I see now that at least one other viewer is thinking along similar lines.
@athappyhiker
@athappyhiker 2 года назад
Can we search your car or home? Response: “If you don’t have a warrant then hippity hoppity get off my property”.
@maxford27
@maxford27 3 года назад
If they call out a dog, the dog scratches up your car as it alerts and they still don't find anything, do they pay for paint repairs?
@anonypersona3189
@anonypersona3189 3 года назад
I'm sure your insurance will. It probably will be a small claims court thing between insurance and PD. Let the insurance guys do their job.
@ASPextra
@ASPextra 3 года назад
www.americanbar.org/groups/litigation/committees/young-advocates/practice/2015/scotus-traffic-stop-prolonged-for-dog-sniff-violates-fourth-amendment/
@phillipgohorns
@phillipgohorns 3 года назад
And NEVER talk to the police.
@jamesbarrick3403
@jamesbarrick3403 2 года назад
The correct answer is NO in all instances.
@M1911jln
@M1911jln 3 года назад
I think there is an important point that you realize but didn’t mention explicitly about why you should never give consent. If you consent to a search, then anything the officer finds is admissible. If you do not consent and the officer searches anyways, then your defense attorney may be able to get the search ruled as unconstitutional. If the search is ruled as unconstitutional, then anything the officer found is inadmissible. So if you don’t consent to a search, then your attorney still has a chance to help you. For those who say that “I don’t have anything to hide”, the laws and regulations are so numerous and complex that it is easy these days to break them without any intent.
@Scientist_Salarian
@Scientist_Salarian 3 года назад
The idea of “ignorance of the law is no excuse” is laughable in America. That’s been one of my very biggest takeaways of getting a conceal-carry permit. It’s simply not possible to memorize every law and procedure that you’re legally bound by, even in a small county like mine. And it’s 100% that way by design.
@Unityframe
@Unityframe 3 года назад
I said no then he said I looked nervous so he has a reason to search me
@ASPextra
@ASPextra 3 года назад
“Looking nervous” isn’t probable cause.
@moronibreitbart6055
@moronibreitbart6055 2 года назад
In our world where the rule of law is officially dead, it's such a simple concept; if you are a free citizen of the Country, and obey the law, any and all law enforcement have exactly ZERO authority over you. So, if a cop (the type who became one not to serve, but to gain power and authority) attempts a search, you don't posture or threaten, you beat him/her to the draw, disarm the officer, and leave him/her flex cuffed next to the cruiser with a note for the chief indicating the officer fucked with the wrong citizen.
@akdefense
@akdefense 3 года назад
Just one of many reasons why we have the U.S. Constitution and B.O.R. That's why those corrupt people in gov want to do away with the Constitution/BOR.
@Mannievh
@Mannievh 2 года назад
“Do you mind if I search? - No” lol think you meant yes. YES I DO MIND!
@tv92taylor
@tv92taylor 2 года назад
One minor correction: If you are not under arrest and you refuse to answer questions, that refusal CAN be used against you and it CAN be evidence to support the officers suspicion that you are involved in some criminal activity. Your 5th amendment right to remain silent only kicks in once you are in custody/under arrest.
@ASPextra
@ASPextra 2 года назад
That’s not really true. If you are detained, you have the right to remain silent.
@JamesPatrickKelleher
@JamesPatrickKelleher 2 года назад
An attorney should ALWAYS tell the repeat offenders to consent to search so as to get them off the street. It's the right thing to do.
@chriskellypoi
@chriskellypoi 3 года назад
This is excellent. Thank you.
@johnthree1611
@johnthree1611 3 года назад
Never give government consent for anything, it's that simple. The scariest thing that'll ever happen, is when the government approaches you, and states that they are there to help.
@bigbangcesar
@bigbangcesar 3 года назад
In the beginning John was in a eerie, trance like state right after the promotion….weeeeiiiiird
@katschrodinger954
@katschrodinger954 3 года назад
Looks like they were waiting for the camera to start rolling and making sure that they were all set to start the segment.
@bigbangcesar
@bigbangcesar 3 года назад
Looks like both men are part of the brotha hood 😎
@katschrodinger954
@katschrodinger954 3 года назад
@@bigbangcesar Not sure what that means.
@richeyrich2203
@richeyrich2203 2 года назад
“Just say no” unfortunately, schools taught children to use that phrase against medicine instead of people trying to violate your civil rights.
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