Gotta love the top-volume barrage of multiple and often conflicting orders. Seems like a fear response to me, kind of like monkeys in trees screeching about the presence of a hunting animal.
I remember getting pulled over on an old country road in the late 80s. Before cameras. The cop was ruthless and dared me to give him a reason to shoot me, hand on gun. Busted my tail light out with his flashlight and said that's why he pulled me over. From that day on I will not pull over until I am in a well lit area w witnesses.
Dashcam is the way to go. I have lived long enough to see our 2 tiered justice system in action (one for the rich, and one for the rest of us), not to mention the court will ALWAYS take the cops word over yours or anyone else's.
The day they stop taking cops on their word even when they're plainly lying (and don't worry, they love to throw out video evidence that shows they're lying) is the day they stop making money hand over fist, the primary purpose of police and courts.
Yep. You now have to prove you're innocent, instead of them having to prove you're guilty. Dash cam, yes. My camera goes right over my rear view mirror and can film from the front, rear and interior with audio. If it's crooked, it's getting posted for the world to see. If you want to prosecute me, I'll be happy to show the world the police violating my rights. Not puttin up with it. If it is my word against yours, it'll be my word plus audio and video to back me up.
@steveadrehel• the so called Supreme Court has put the lives of people of color in danger by allowing certain cops to use this ruling to commit hate crimes.
When I was under 21 I was pulled over at 3:00am. I was approaching a 4 way stop and lowered my high beams when I saw a police car off to the right. After I pulled away from the stop sign I was immediately pulled over and two officers walked up to my car. I gave them my license registration and insurance card. They then asked me to exit my car. I respectfully refused stating that my father told me to never get out of my car in the dark of night but I would follow them to the police station. They said if I wouldn’t get out they would arrest me. Again I respectfully and politely refused to get out but would follow them to the police station. Finally they told me to go and drive safely. This was in the days before cellphones.
they could have politely dragged you out the car. i don't care how polite you are, obey the law and do what you're told , NO one gets to taxi themselves off to jail. NO one has the right to refuse a lawful order even if you feel your daddy gave you advise otherwise
@@kantraxoikol6914 If they have no reason to drag you out of the car, they won’t. That’s why they didn’t. They knew damn well Gail didn’t do anything to justify that kind of aggression.
I worry about the officer intenting to do me bodily harm if I get out. I really don't want to take a beat down from an officer who can't control his temper.
I had a friend who was a passenger be ordered to step out of his vehicle while he was intoxicated and he was arrested for public intoxication. The judge dropped the charges against him because he was in his property as a passenger when he was ordered out into public by the police
Wow. If it really went down like that the police officer was in serious violation of the law. I suspect it did NOT go down like that, however. I suspect after getting out of the car the passenger went out of his/her way to 'disrupt the peace' which would absolutely be justification for arrest. Judges typically don't like tying up the courts with such trivial matters though so it makes sense it was dropped.
Because the law doesn't even give permission for them to demand i.d without a crime or reasonable suspicion of a crime. Also these folks saying the mimms case applies are as ignorant as these cops are. Only applies if reasonable suspicion of a crime or threat can be articulated
You forgot one more thing. Police cannot extend the traffic stop beyond what it normally takes to make you wait for a Canine Unit. So let's say you get pulled over for a traffic infraction, then they make you wait 30 to 45 min for a canine unit, Nope they can't do that and you have been illegally detained.
@@You-Be-The-Judge Those who believe what the Bible says as the unquestioned truth are risking being cursed to remain ignorant for the rest of their lives.
Correct the police are not supposed to do that. But they do it anyway. And so what are we supposed to do? No choice. So bottom line is... police do whatever they want.
(If ordered out of the vehicle.) Roll the window the rest of the way up, while you remind your passengers to remain silent and not speak to any officers. Take the keys out of the ignition. Step out of the car and place the keys in your pocket after you have locked and closed the door behind you. Remind the officer that you do not consent to any searches and you are invoking your Right to Remain Silent. Then do exactly that.
@@westbayoutdoors123 By the time you are pulled over you should already be filming them with your cell phone camera. The dash cam video is mostly relevant to prove you are innocent of whatever he claims he pulled you over for. BTW, you can wire most any dashcam to continue to run without the key on. Mine are.
If only there weren't *hundreds* of 1A auditor videos where the officer says, "Sir, please give me your ID" -- the phrase you claim is an order -- when the person is not detained, and they're using it as a disguised request. You could make an entire video on the variations of language that police use to trick the public into doing things "voluntarily" that they're not legally-required to do.
extremely awful advice. NEVER refuse to get out. whatever legal issues cannot be solved during the stop, so don't give them any excuse to escalate things
@@elimgarak1127 Except these kinds of interactions almost never result in the offending swine losing their job... They _might_ get an official reprimand and maybe a few days suspended (usually with pay), but the thugs aren't actually held accountable for their actions.
@@cagneybillingsley2165 -- Why reply to me? All I said is that it is well-documented that cops extensively practice phrasing requests in voluntary conversations such that people can't easily tell whether they are genuinely legal orders or not - knowing that many people assume that any request from a cop is actually a legal order. But in court they'll say, "I just asked him to see his ID, and he voluntarily pulled it out and handed it to me. I never *ordered* him to do it!"
I lost all respect for police when I found out it is considered legal for them to lie to get a conviction. A friend who was a deputy for many years said that 100%, EVERY time, EVERY officer *WILL* perjured themselves while they are up on the stand. Every time, without exception. I asked him if that applied to him as well? He said YEP! without pausing even one second. Remember that if you are ever on a jury. Every officer that gets up on the stand perjured themselves while they were up there. *_EVERY.SINGLE.ONE_**_!_*
Great point, Tyler. They also consider their positions as cops to be a higher level. Forget "serve and protect". Look at all the news coverage in NYC now about the tragedy where the cop was shot and later died. Numbers of cops showing at hospital and other places before funeral, where ther will be hundreds. If it were a 5yr old child who had been sexually molested and beheaded, not a single cop would show up. It's not a double-standard, it's the only standard for cops. If you aren't one, you are a lesser person. We need cops for sure, and de-funding is not the answer, but we need big change in the despicable actions often displayed and sometimes hidden by cops.
It's even worse than that. They can also create fraudulent lab reports claiming that your DNA was all over a crime scene and show you this lab report. In some areas this is such a huge problem that these fraudulent lab reports have ended up in the actual court proceedings mixed in with real evidence. I imagine that at some point that's going to become a defense. When you are presented with lab evidence on the stand simply say that you don't believe it to be real, that's because the police have the right to lie and fabricate evidence it probably ended up in the wrong place by mistake. I would imagine that if the person accused of the crime acts like there's no way the documentation could be real it could be enough to sway a jury.
I don't believe this..officers lie during the course of an investigation..this has been permitted by the courts and frankly needs to stop..if ur under suspicion for child molestation they will probably be praising you and giving u a gift card to a restaurant..black while murdering will get u low bail and probably money for an Uber
You're good at this. I live in the UK, our laws don't always align the same... but I do enjoy watching you carefully explain the laws of the United States of America. 👍Thank you.
Also good advice. If they ask both people to get out of the vehicle and you both can see the dog. Record it. Some cops have been caught pointing to spots on the car and the dog will react to the spot they point to. Which they used to search the vehicle.
In 1978, the first time I was pulled over, I got out of the car and the officer's revolver got out of its holster. Getting out of the car without being asked can be seen as aggressive.
That needs to be taught to people during Drivers Ed or by parents. It is simple rule: Don't (*violate) the law and don't draw attention to yourself. Watch Chris Rock's skit, "How to act when pulled over by the police". Funny but so true !
On a dark night, i open my door so the interior light goes on and they can see me, but i do NOT try to get out... they always tell me to close my door and it goes smoothly (so far) better i suppose if you just turn on the interior lights and put your hands on the top of the wheel
I graduated high school in 1981 and started driving about the same time. I was taught to exit the vehicle and keep your hands visible during a traffic stop. It worked fine and I got compliments from LE during stops until sometime in the early 2000s when I got a gun pulled on me for that and had no idea why. That's when I learned you were supposed to stay in the vehicle and keep your hands on the steering wheel in sight. 🤔🤓🍻
I’m always worried about this because I have chronic pain and standing for even five minutes without a back brace can be excruciating. I legitimately don’t want to be belligerent, but… I also don’t need to stand in whatever weather without my brace either. Everyone says not to worry that it will never happen to me, but… it has to happen to someone, and why NOT me? For the longest time I didn’t want to drive at all; I had to be on some hardcore pain medication. As the dose only slowly rose over years, I wasn’t “under the influence,” or sleepy or high feeling (I’ve never felt high from my meds, just sleepy or queasy if it was a new higher dose). But it would be so easy to point fingers and assume I must have been abusing my meds if anything ever happened. I still have a driving phobia, and it’s taking a lot of hard work to get past it.
That's really interesting. There's a lot to think about, there. First, most strong pain meds come with specific instructions not to operate heavy machinery. However, given that it's possible to build up tolerances, a larger dose for some people would result in less impairment than in other people. On the other hand, measuring impairment is much harder than measuring dosage. It's widely accepted that we can't trust the subjective assertions of someone under the influence, but any kind of practical sobriety test has all kinds of confounding factors, the kind that Mr. Flusche dutifully makes use of in his clients' defense. So the only thing you can really put a number on is how much of a drug is in your system, and about how much that amount impairs an average person's ability to drive. I wonder if, absent a measurable legal limit, DUI cases might see more expert testimony about drug tolerances.
You just need to raise your medical issue. As long as a reasonable accommodation is made, such as being offered to sit down instead of standing, then they've done their commitment to accommodate you. else. If you brought up your issue and they commanded you to stand endlessly, then you'd have a civil rights case to cash in on big time.
@@oldtwinsna8347 The police and even most medical professionals do not have the ability to determine what accommodations are reasonable at first sight, as each injury is unique. Disabled people organize their vehicles to accommodate their remaining abilities. Those accommodations are not available outside. I'd prefer not to be "helped" out of the vehicle, especially if the reason for the exit is not clear. ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-TuKqFSy4e5Q.html The potential of a civil rights suit years away if qualified immunity doesn't apply, where cash is the only remedy available is wholly insufficient when an expedient remedy exists. Let a person who requests it, remain in their car for their own safety until actually under arrest. Anything that inflicts pain is no longer a simple detainment. Officers are trained to routinely inflict pain to achieve compliance. The law needs to be clear about circumstance where that is and is not allowed.
i avoid them, even at great inconvenience i even quit driving, they lost my trust and they can never earn it back. Ever. When there's an emergency, i call the neighbors.
@@guillermoelnino giving up driving because you are afraid of the police is NOT rational behavior at all. almost all americans are afraid of the pigs. but , we don't stop driving. you are nuts.
There is an awful video of a high school girl in Michigan who ran a stop sign and should not have been driving with only a permi who was ordered to step out of the car (the officer apparently does that with every pull over). Without even an opportunity to process why her door was opened, she was violently grabbed and removed from the car. The cops then pulled guns on the other passengers. This is what they do - they grab without an opportunity to react and most people naturally pull away - now resisting arrest and they can go WWE on you.
There's also the guy who was walking down the side of the highway coming home late from work, and the cops screech to a halt, grab the guy and bring him in front of their car. They're asking him all kinds of questions and trying to take off his shoulderbag to search it. The guy is kind of holding onto the bag and trying to ask what this is all about when the deputy gets behind him, wraps his arms around the guy's waist and literally German Suplexes him into the pavement, shattering his collarbone, followed by all the usual "this didn't have to go down this way" bs.
I'm still confused. I've seen videos where cops 'ordered' a passenger out of the car and in their own words said...'I'm ordering you' or 'because I said so' but in those instances the cops were completely wrong. This also happens when they walk up to a pedestrian and 'order' them to show an ID. This has also been proven to be an illegal order. Really I think the answer comes down to knowing the law. The sad part is that falls on the civilian. The cop who is sworn to protect the law doesn't always have to know the law they are protecting or IF it's an actual law they think they are protecting.
Those orders are only illegal/"unlawful" if the reason for the stop doesn't measure up to the reasonable suspicion standard. That applies to all of the actions taken by the officer however, so complying with said order does nothing to damage the seized citizen and may in fact protect his rights to sue for rights violations in the future.
Not to mention MY SAFETY is MORE IMPORTANT than a cops. After all they signed up for it and get paid for it with MY taxes. I'm sick of them thinking them and their safety supercedes all others. you ain't $hit, you aren't special, your just a government sanctioned gang member prick who filled out an application and was subsequently handed a gun, a badge, and license to kill. And no this doesn't go towards ALL cops just the vast, vast, VAST MAJORITY of em.
I think it is a good idea to ask the officer if you're unsure: "Are you telling me to exit the vehicle, or are you asking me to?" Have your cellphone recording the entire time if you do not have a dash camera. If your device has the ability to automatically upload a copy of the footage to the cloud, make sure that feature is turned on, too.
or just step out of the vehicle because the courts literally do not care why he is telling you, he has that right to get you out of the vehicle with demands. Them asking is simply a formality, and if denied quickly turns into a demand.
@@CrypticCobra Which is why you make them demand it. It's not my responsibility to comply with unlawful orders, or any "requests," given to me by jackbooted thugs with badges just to satisfy their pathetic ego trips. The jerkoffs routinely believe they have the right to demand things from citizens that they actually have no right to demand at all...and as long as bootlickers like you insist that we just comply, the $#it will continue. You might be content to cuck for every pig you see...the rest of us aren't.
@@Jianju69 yes. Law enforcement is out of control. A friend of mine once asked me. When u c a cop behind u do u feel safe or afraid? A good example is that cop in florida who was planting drugs on people. He was doing this with his body camera on documenting the event. People who were not criminals were being brought up on felony charges and having their lives destroyed just so he could advance his career. And no i dont think hes just a solitary bad apple. Im 51 and have seen many things. Thats my point. The reason y i dont think we should debate is because nothing i say is going 2 change your mind.
I am a retired cop from the 70-80s who patroled alone most of the time. For a normal traffic stop I preferred the driver and passengers stayed in the vehicle as it limited their movement. Once they are out of the vehicle it is easier for them to start fighting, run away on foot or pull and use a hidden weapon. For any officer reading this I have this advice. Regardless of how the person you contact acts, even if they spit in your fact or fights you. Always be professional. Always treat people politely with respect. Even while arresting them. Do your best to stay calm and never let your emotions take over. Never use degrading, abusive or fowl language. Contrary to what some officers believe, it is seldom that intimidating. But it can and will often make things worse, escalating a bad situation and often alienates the public. Never make an arrest or file charges based only on a individual's complaint. Sometimes victims lie or present assumptions as facts. Investigate, ask appropriate questions, gather evidence and build a case first. Remember, the person you arrest and or file charges on is a human being with a family. If you make a mistake not only is an innocent life and their family's lives ruined, but a guilty person goes free to commit more crimes. Remember this advise and you will gain the respect of fellow professional officers, prosecutors, judges, defense attorneys, and even many of the people you arrest. It will also help to keep you out of trouble. 6:41 6:41
csipawpaw7921, YOU MIGHT BE THE ONLY HONEST COP THAT I'VE HEARD ! ALL, AND I MEAN ALL THE MANY COPS I'VE HAD THE MISPLEASURE TO RUN INTO WERE THE BIGGEST LIARS & THEVES THAT I'VE EVER RUN INTO, AND I OWNED A SMALL BUSINESS THAT DELT WITH AN AVERAGE 50-75 PEOPLE A WEEK DAY IN & DAY OUT
I agree with that assessment as well! The state has one duty and one duty only...to protect and uphold the rights of every American! If there is a dispute among two or more people THEN and ONLY THEN it should be taken before a judge to work out the particulars of the situation. Unless the people involved can work it out among themselves without police Interlopers!
he's not honest he's pretending, putting on an act. Cops are pigs, why would any normal human being with a brain and an average IQ want to pursue a career as a cop?
As a retired LEO, more often than not a common reason I see cops (especially rookies or badge heavy bullies) pulling people out of vehicles is not for officer safety nor DUI suspicion. It's a fishing expedition. Once out of your vehicle expect to get searched "for weapons" but anything illegal they find on you they can charge you with it. Also once out of the vehicle the next question is usually, "Any problem with me searching your vehicle?" Any non-compliance at any stage is perceived that your hiding something and thus you are guilty until proven innocent.
I was under the impression that unless you are being arrested, they can only do an exterior, pat-down search for weapons and can only remove things they can reasonably claim might be weapons, that they can't just rummage through your pockets unless you're under arrest or they have PC to search you.
@@atraxisdarkstar -- You are correctly informed. Now ask, "and how many face personal consequences for violating those constraints?" Case law ALSO says that they cannot simply pat down outer clothing to search for weapons at will: Legal justification requires BOTH a reasonable belief that the person HAS a dangerous weapon, (not or, but only AND), a reasonable belief that the person presents a danger to the officer. It is not true that "I'm a delusionally paranoid cop and I think everyone I encounter has a deadly weapon and is willing to kill me," is a legally-sufficient to search people's outer clothing. But again now ask, "and how many cops face personal consequences for violating those constraints?"
The only thing they can do for no reason is get you out of the car. In order to search you after getting you out they need reasonable suspicion of a crime based on the totality of circumstance
Reminder: K9-Units are not trained to detect drugs. They are trained to detect when their handler wants to manufacture probable cause from nowhere. The dog already knows which pocket of the officer's uniform the bag of weed he's going to plant on you is in.
This is why dogs are not admisable in court. They produce false positives and also can be trained to produce a false positives on command. Remember "without the benefit of a doubt"
@@bubbleman2002 they probably couldn't afford proper counsel, if you aren't vocal about this in court your ass for sure is going to jail. Don't argue with me about this I've actually studied cases, would you like me to reference a few?
@@miguelangelelbuho1211 "Don't argue with me about this..." "...would you like me to reference a few?" If you had any references you would have used them already.
I just subscribed to this channel. Andrew is the first channel on rights to say - This Law applies to all States as it is a Constitutional Law. As an ex LEO and District Court Judge, it is refreshing to hear as many traffic laws are statutes of the States and quickly involve Constitutional rights. Well said - Counselor!
I wonder how familiar you are with the distinction between the federal US, states of the union, and the physical territory of the United States? I'd be further interested if you knew traffic laws only apply to commercial vehicles, and most vehicles don't fall under that definition but are instead duped for revenue purposes.
As an ex LEO and judge(?), you also know that lawyers and judges pledge an oath to to the corporate public policy bankruptcy, (same as LEOs) not to the rights of living people. Stop playing.
@@StillMantis Yeah, totally gonna upheave my life because some moron on RU-vid told me I'm 100% wrong. Just because you don't know the law doesn't mean the rest of us don't!
No police officer has ever taken a class on profesional smelling technics . I had my case thrown out in ca. With the help of Chris Conrad, a world renown perfesional drug expert.
@@hikingthere3540 cops are also deemed professional law enforcement with professional knowledge of the law they enforce…big problem here with this as they don’t know dick and later claim they were lying like they are allowed to legally do.
Back in the 90s at a Christmas roadside stop an officer said he smelled alcohol on me and ordered me out of the car to do some roadside impairment tests. I don't drink and no one had been in my car for at least a few months so I knew there couldn't be any smell of alcohol in my car. As we were talking his sergeant came over. I repeated what the first officer said to the sergeant and suggested since I don't drink the only way the first officer could smell alcohol was if he had been drinking and therefore the first officer should also be tested. The first officer did not like this suggestion. The sergeant had to tell him to calm down. By the time the two finished talking the sergeant decided he was best I just leave. No roadside test. No tickets. Just leave.
Thank you for your professional legal explanation on this subject. I’ve only been asked to step out of the car once. I did without argument. The officer came back after a while and gave me a warning for my taillight. I was on my way. The Jay-Z song “99 Problems” has the lyrics: “license and registration and step out of the car......‘I ain’t steppin’ out of $#!+ all my paper’s legit....” It just made me wonder what the actual laws are regarding that request/order. Jay-Z admits in the songs the “he ain’t passed the bar but he know a lil bit.” Nice to have some clarification from a practicing attorney. Great channel!!
Jay-Z is wrong. Maybe his paperwork is in order, but that doesn't mean the officer cannot issue sobriety tests. In general, you shouldn't rely on rap music lyrics for legal advice. Most consider this to be common sense.
@@Jianju69 No, it means you can find pieces of wisdom, knowledge, or even just inspiration to do your own research on a topic, in places you didn’t expect. What, do you think no art, music, film, etc. have any correct information at all? If you dig through trash, you might find something valuable. Plus, if EVERYTHING you hear is correct, then how can there be any unexpected places to find wisdom if EVERYWHERE ALWAYS gives you correct information? I obviously never used the word “everything”, so don’t put it in my mouth.
First and foremost, this channel has an abundance of important valuable information for citizens to gain knowledge on how to navigate constitutional rights as citizens when engaged with law enforcement. So thanks for the information. It may come in handy one day. However, I do question the video example and the language. When you state “the summer of 2020 police riots against the police”, and when Mr. Thompson posted the video during that time period, it translates to “race card”. This is problematic. When language like this is used intertwined with the legal system, it is extremely dangerous. Plus I really don’t think you understand or know the history of this country when comes to this particular dynamic. People of color protest police violence because we simply DO NOT POSSESS the institutional power to be represented in the legal system. I can just about guarantee whatever Mr. Thompson was pulled over for was for some minuscule BS that escalated to an unnecessary point simply because Trooper Hewet felt he looked “suspicious” and Mr. Thompson didn’t feel like being harassed. There is a stark difference in how law enforcement treat people of color and white people in this country. This is why we protest actions like this in our communities because police behave on a subconscious level seeing POC as “rioters” as opposed to citizens exercising first amendment rights against injustices. I would challenge you to look up Slave Patrol/Plantation Police badges from 1858 and 1859 what they meant, how they were used, and ask yourself how did this altercation in the video start in the first place and why do Police have cyclical patterns in black and brown communities like the one on the video. Trooper Hewet said, “watch the show”, the show is over for him.
I think a big reason I didn't get ticketed when I was definitely speeding was getting out and walking back to the cop's car. Especially the time I did that when it was raining. I probably got stopped for speeding 6 to 8 times in my teens but didn't get my first speeding ticket until several years later.
well, many times must mean they've had reasons MANY times. . . what gets me is i have a clean CDL license and can't get it back without 3000 dollars handy. but someone like YOU gets to drive still....it's really not fair
When/where I was a kid, the polite thing to do was get out and walk to the back of my car. Seemed like a good way to show I was compliant, unarmed and no threat. Having not been pulled over for 20+ years, I was in for some rude treatment when I did the same a few years back.
@@kantraxoikol6914 Go become a cop, and arrest him for all the crimes he has obviously committed. They don’t say No smoke with out a fire for no reason! (Sarcasm)
2:20 I've had a TX DPS trooper pull me over for speeding/racing on I-45 in my 97 Grand Prix GTP with a mustang. He saw I was on a double date, asked why I smelled like alcohol, and I pointed to my girl in back seat saying she was hammered and been throwing up [and she acted the part haha], so he had me walk from my door across front of his car on video to his passenger door and flat out told me he wanted to see how I walked and handled myself, then simply let me go with a "have a good night, carry on" LOL
PA Vs Mimms isn't exactly "legal". It's a Constitutional override by the SC. The SC even admitted this, but cited they were deciding so anyway in the name of "officer safety".
When I was in high school I got pulled over going home. The officer asked me out of the car and I obeyed, but I'd forgotten my coat at school and it was freezing out. I didn't get a ticket, and I did wonder if he saw I didn't have my coat and figured 5 minutes outside in short sleeves would be my reminder to slow down.
I was in an unfamiliar town and needed directions so I pulled a cop over and approached him. It was kind of funny because he had this look on his like he could not believe it. Another time I was riding with a friend when he got pulled over for no reason. During the stop the officer asked "do you have anything in the car that I need to know about. (5 second pause) Like a gun" I laughed out loud because it just struck me funny. My friend glared at me but everything ended up ok.
@@GalaxyFluke I have a couple of good cop stories that surprise me a bit as well. I got pulled over in OK by a state trooper in 91 and I have to add some of his backstory first. He had recently been notified that someone had hired a hitman to prevent his testimony at a trial. Anyway he pulls me over in a primer black Malibu because I had out of town plates The plates came back to the finance company and not me. I had just driven 16 hours straight on max alerts and cola. He said my open coke counted as an open container and checked my eye movements due to the OTC speed. I passed. He asked if any weapons were in the car. I said yes in the trunk. His eyes bugged when I opened it. I had a 12 gauge Mossberg riot gun, Crossbow, Compound bow, 2 swords, several knives my Karate Gi with belt and a garrote. He asked why I had a garrote. I said just in case I needed one. when he asked why I had the other weapons I told him that in my teens I used to want to be a merc or hitman but growing up had fixed that. He called for backup. While I waited (uncuffed) I was checking out the landscape because I was new there. He walked up and stated "if you run I will shoot you. I laughed and said if you shoot me while unarmed you had best kill me or I will beat the fuck out of you. To me shooting someone unarmed with no charges against them sounded insane. After backup arrived they talked and then let me go. See, my nephew worked for the local Sheriff and my another nephew worked for the DEA and later Secret Service. The trooper knew my brother -in-law and this got me out of trouble a year later when he pulled me over again and found a can with a fuse on it in my glove box. I had forgotten about putting it in there when a friend and I had been making improvised munitions on the farm. He asked what it was and I said its fuel additive. He said this looks like a wick and I said I put that in there to plug the hole in the lid. I would have put it in the gas tank if he had pressed me on it because I knew forgetting to dispose of that was a mistake. He let me go and later my brother -in-law called me to come and pick up a knife he had found under the seat. He asked me what that was in the glove box and I told him. He said the trooper knew but let me go due to a combination of not admitting it and a quick story.
One has to ask the question “why wasn’t trooper Hewitt disciplined and or fired for the initial use of force/behavior? “ it’s almost like when faced with an actual lawsuit the state police caved but until that point they were happy to go on with the status quo.
Or more likely in 2020 the political climate changed from the top and Ceasar in the Virginia Executive Mansion ordered that Trooper Hewett must fall upon his sword to appease the maddening crowds and to allow Ceasar to virtue signal to his peeps.
@@jessesinclair3861 I don't know if either is true. Everything presented is presented through a lens of gain for those in position to profit. More likely neither common everyday African, Asian or Euro American people have any true privilege....unless letting them think they do profits the people in charge. Remember the party of diversity, bragging of their great diversity of presidential candidates in 2019, quickly by Apr 2020 has narrowed it to the two oldest east coast white dudes....and then finally the C student lawyer frat boy. The first black president was the son of an African and a white woman, with no family heritage of American Slavery. The first black VP, the daughter of Carribean and Indian Berkley professors....again with no family history of slavery under the 19th century Democrats. Sort of a coincidence don't you think. To find two black politicians in the US with such a heritage.
@@STho205 You're missing an important part of the equation. The race that you're not allowed to mention. The race that is ultra over-represented in positions of powers under both Democrats and Republicans. Bloomberg and Bernie are not White.
The title of this video is misleading and irresponsible. This attorney did not tell us when we should REFUSE to get out of our vehicles. Basically, he informed us that we cannot REFUSE an order to do so. He merely said we may DECLINE to get out IF the officer asks rather than tells us to get out.
SCOTUS also held in Maryland v. Wilson (1997) that the Mimms ruling applies to all passengers in a vehicle. It is always a lawful order for an officer to request any driver and/or passenger to exit or reenter a vehicle during a detention "for any or no reason". Please know the law and be smart by not refusing lawful orders which may get your windows shattered and yourself injured while being physically removed by officers and sometimes canines with very sharp teeth!
You can't win if stopped by a cop for any reason. I was stopped, and when I told the North Carolina state trooper I had a CC permit and a pistol in the car, he ordered me to get out, stand behind the car, while he entered my car without my permission and confiscated my gun. After standing 20 minutes in the rain while he checked my IDs, he told me to get back into the car. He returned my pistol, minus the ammunition, which he handed me separately. He then ordered me not to reload until he was gone. All of this and I never said one harsh word or hestitated to obey his orders. Cops!!!
In a somewhat similar situation, a cop handed my revolver back with my ammo in a little baggie and informed that I couldn't reload my gun until i was OUT OF THAT COUNTY!! Needless to say, I reloaded it at the next traffic light!! Why would I want to carry an unloaded gun in a not-so-good area of a major metropolitan area?
He has more than likely either been reinstated quietly to VSP or has, as many problem officers do, simply bounce to another department and get on the payroll there. Since he is a certified officer in the state of VA, he likely tried to stay within the state as to not have to go through training all over again out of state.
He was fired for optics, the officer did nothing illegal but it looked bad after the Floyd death. Personally I thought it was a bit funny - If the mans job is to pull the guy out of the car - well, I'm glad he enjoys his work.
I started driving in the early '70s. From then until the mid '80s, when you were pulled over the officer fully expected you to get out of your car and walk back to him. If you didn't and he had to come to your window, well you can be sure no simple traffic warnings would be given out that day. You were getting a ticket. I never had a problem with that. I drove in the evenings and would never drink and drive. So I was more than happy to take that walk because then they could clearly see I wasn't impaired. I still got my share of tickets (I just turned 18 and my first car happened to be the fastest car I've ever owned) but I know my trip back earned me a few breaks. I hope you see this.
They probably won't tell you at the time whether it's an order or not, to leave you in the dark. They'll bring it up in court that you failed to exit the vehicle when ordered to.
There's a simple way to determine if it's a request or order...just ask. If an officer indicates they'd like me to step out of the vehicle for some reason, my response is, "Is that a request or an order?" Until they tell me directly it's an order, I won't comply.
the problem with this is that to exit a vehicle, you have to reach down and unfasten your seatbelt, which leads officers to think you are reaching for something, so you are wrong no matter what you do. recall the military member in Virginia who had both his hands extended outside the drivers side window, so the cops pepper sprayed him in the face. ACAB
@@georgewagner7787 ..why would you do that for a normal traffic stop? and if you did, and the cop came up and you had your belt off he'd cite you. did you even think before you posted that?
One of my friends broke his leg ...so when he come home after a while he started getting bored but he had a cast from ankle to hip...so we put him in the back seat ..... long story short ...we hit a party an he got drunk in the back seat sitting at a big barn.... end if the night we get pulled over ....they told him to get out ..like what you can see the cast... they told him if he dent it was reziting lawful order.....so he eventually gets out an the get him for PD... because he was mouthy... Great video 👍👍👍👍👍
My favorite traffic stop incident was when I was driving home from work at 1AM in an old Buick with electronics so dodgy they hadn't paid taxes since 1999. The cruise control had gotten jammed, and I was distracted enough trying to unjam it that I was weaving enough to be noticeable. A cop pulled me over, and after a look at me was enough to show that I was clearly sober, he just asked me if I had anything illegal in my car and then left after I answered in the negative.
Question: what does the law say concerning an officer’s request for an occupant to roll down their windows? There are videos where drivers have only marginally opened the window to speak with an officer and pass documents to the officer.
As long as you are able to hand the proper documentation over you aren't required to speak with an officer or roll your window down all the way. That being said, an officer can in turn just order you out of the car all together so just cracking your window is pretty much useless at this point.
Yeah, I'm curious about this too. I'm immune compromised and am concerned about covid. I would like to crack it, not roll it down all the way, to limit transmission opportunities. Especially since many officers where i live don't wear M95 masks.
"request" is asking and that is the difference between an order. Ask if it's a request or an order. My state statutes say, refusing a lawful order is a misdemeanor. You may/will be arrested for refusal. Police lie and are allowed to, know your statutes. Legally detained must identify, not give license. Passenger is not detained.
Those were likely checkpoints or mass stops like sobriety checkpoints. In that case your rights are much stronger as they have no probable cause - the entire legal standing of checkpoints is questionable. If you are stopped for a legitimate reason your rights are more limited.
What the law states and what the police do aren't always in line. If you don't do what you're asked to do by an unreasonable person carrying a side arm. Don't believe for a minute that you can't wind up on your face on the ground.
Speaking of Police dogs- When an officer says he detects the odor of marijuana and calls for a k9 unit and the dog with relevant senses far exceeding human olfactory senses does not indicate such material is present, does that not suggest an officer lie or malfunction?
I would say no. The officer is saying he smells an "odor". That is why they call in for the dog to confirm such presence. The more time they have you in their possession, the more evidence they can gather, or even worse, plant🌿 (pun intended).
They train dogs to give false positives, if they bring the dog out they will just give the sign, the dog will say they smell drugs, and your car will be searched and nothing will happen if the dog is wrong
@@ztmackin there was one dog recently retired because it would always give false positives. It had learned that it would get a treat for alerting, so it always alerted. I'm not sure, but maybe one "victim" recorded video of the alert, followed by the handler giving the treat. I imagine the judge had words with the handler about that.
@@BC-ny1fn one dog that made the news. I don't doubt there are many others false-alerting to please their handler or to get treats. I imagine some handlers are smart enough to ignore some proportion of false alerts, so they don't get the same near-100% bad hit ratio.
Andrew is the man. Knowledge is key and he brings it right to us. Not to say tge systems aren't rigged on some level. Its still better to know whats best to do.
According to what he said in the video, we are legally allowed to decline a request to exit the vehicle. However, according to Penn. vs. Mimms, if the officer orders us to exit the vehicle we are required by law to comply.
You can tell cops are really good people by the way they have a super high domestic abuse rate. I guess when you act like an authoritative prick with special rights/exemption from morality, it's hard to turn that off when you go home. Love your channel, thanks for all the great info!
Must be why they have the highest suicide rate in the world. hurr durr cops bad you are smart person drink and drive boys speeding is a victimless crime
Super high? Compared to what? I would bet a week's pay that the average liberal living inside any city limits is more likely to be a perpetrator of domestic abuse. Where is your proof?
Mr. Flusche, I love your channel! It's full of invaluable information. If an individual is ordered out of their vehicle, is it acceptable to secure the vehicle upon exiting by rolling up the window and locking the doors?
You'd have to turn off the car to do that as most cars won't let you lock it with the keys inside. Plus if you're outside of it with the keys they'll more than likely confiscate the keys and just reopen it and search. You can voice your refusal to searches but they'll just claim probable cause and exigent circumstances by you having locked it. They'll be able to bypass the wait for a warrant or justification for a Canine unit.
@@Jianju69 Nope! It doesn’t say anything at all. That type of thinking is old and outdated. Back when cops were liked and trusted by the majority of Americans it was a different story. But these days, it’s a completely different story. A lot of good and law abiding people have a reasonable fear that cops are dangerous. As they are in reasonable fear based on community perception, the old “you have nothing to fear if you have nothing to hide” gets thrown out the window. This is a consequence of the public relations issues, public perception issues, and the “war on police”. It’s not like the entire summer of 2020 was filled with massive protests, riots, and demonstrations nationwide in addition to a nonstop media campaign against law enforcement or anything. BLM does have far more support than back the blue does………
@@Jianju69 We do not have to agree on the accuracy of the media’s portrayal of law enforcement to agree that a public perception issue exists on such an extent that it effects the ability for law enforcement to conduct their duties. What I am saying is that regardless of personal perspective surrounding the validity or rationality surrounding law enforcement, a reputation exist that changes the factors of the situation at hand. The logic that “if you have nothing to hide you will obey and consent” is only a valid one in a society that has trust in law enforcement. In a society that does not have trust in law enforcement, that type of logic is broken. That is what I am saying here. The trust is gone. Without trust, the game is changed. It does not matter if law enforcement should be trusted or not. What matters is if the public trust law enforcement and they do not. You might. But the public as a whole do not. Why that is, is simply irrelevant to the conversation at hand. What matters is that you cannot use a logic based on trust in a society that does not trust law enforcement in a matter that involves law enforcement. It is irrational and illogical. What used to work and the type of thinking that used to be acceptable is now dated and broken. As I said, the game has changed. This is an irrefutable fact. And as long as some people choose to ignore that times have changed, we will struggle as a society. Adaptation is the key to success. Failure to adapt is the quickest path to destruction. Sometimes, adaptation requires a new or different way of thinking. In the situation surrounding law enforcement, I believe that adapting the mindset and perspective is the answer to the crisis at hand. Someone once said that “ if cops behaved in a manner that the public approved of, the media would be incapable of smearing them”. They also said that “if cops could be trusted, the media would be incapable of convincing the population otherwise”. And finally, they also said that “in order for a movement to gain traction, some persistent and notice issue must exist that is worthy of uniting against”. You can call them bad apples. You can say they are few and far between. You can proclaim that they are a diminishing faction of a bygone age. But ultimately, significant damage has been done on a nationwide scale. You cannot refute this. You cannot rationalize or excuse this in any meaningful or impactful manner. You can only accept the truth or deny it as if you are delusional. Here’s the big thing that I believe many in law enforcement and many who support law enforcement fail to accept or realize. Many of the once accepted behaviors and once accepted tactics of law enforcement are seen by the majority of the population and the media as unacceptable. The majority of the population believe that the “good cops” are in fact bad cops based on this. Many “good cops” used lies and manipulations (they are allowed too) to extract information and make their cases. This behavior is no longer consider “good” or acceptable by the majority of Americans. These tactics are seen as corrupt and outdated. They are seen as immoral and unethical. This is exactly why people are so upset. This is exactly why the general public is now against law enforcement. People believe that a good cop should only act in “good faith”. Anytime a law enforcement officer acts in “bad faith” they are going against the wishes of the general public. As someone who knows the tactics and behaviors of law enforcement personality, I can assure you that many routinely act in “bad faith”. This is the problem. “Bad faith” interactions erode and violate trust. This is actually why most European countries have ethical rules surrounding encounters with law enforcement. “Bad faith” tactics eventuality result in the exact same type of negative public perception that American law enforcement currently has.
After seen many videos I think best solutions is to ask the police: "Do I have the legal right to stay in the vehicle?" "Do I have the legal right to refuse your search?" "Do I have the legal right to remain in silence?" "I'm I under arrest?" "I'm free to go on my way now?" (repeat if necessary)
Best solution is to know without a doubt what your legal rights are. If a dishonest officer wants to hem you up one way or another, they won't tell you what you are legally able to decline. It has already been upheld that officers are allowed to lie in service of an investigation. So it is on you the citizen to be well versed regarding your rights to best protect yourself.
I mean...asking a bully with a badge if you have the legal right to do anything is almost certainly going to result in them lying to you and telling you that you have no such rights. Unlike us, swine are _encouraged_ to use their ignorance of the law as a defense for their illegal behavior, and they are actively encouraged to lie to us in the course of their investigations...while we can be held liable for a crime if we lie to them. That's why the only answer to any question a pig asks is, "I don't answer questions," or, "I'm exercising my fifth amendment right to remain silent." You also need to keep your cell phone camera or dashcam rolling throughout these interactions...and make sure you have it set to automatically upload the video to a cloud storage location so when the swine "accidentally" destroy the recording device, you still have the video evidence...likely including the evidence of them "accidentally" destroying the thing while their bodycams "malfunctioned" and cut out.
Yes, some officers want you out and some in. I would think it is always safer to the officer for the person to be outside (any weapons are out of reach, hands are visible, the vehicle cannot be used as a weapon, etc.). Sometimes, I think they are not concerned about safety. The Officer simply does not feel threatened by the circumstances.
I had a friend from Saudi Arabia who got pulled over here. As is normal in Saudi Arabia he got out of the car and immediately started approaching the police car. Thankfully they quickly corrected him and he learned about some cultural differences.
Thank you for including the descending decision on PA vs Mimms. I think it is very crucial and I believe you are the only one who has brought this up. I have been pulled over for non moving violations and asked to get out of the car a few times and I always refuse. I always ask why I need to step out and bring up the points you mentioned when i always get the same response( under state law i am able to tell you to get out of the car). I never would let it get to the point of your example in the video. I will get out when the officer escalates. But always make a few things clear, ( I am no threat to you, have I done anything for you to thing I am a risk to your safety? And let's be honest your just trying to extend the stop so you can A) distract me while the other officer looks in my car B) to have a K-9 show up. It is also important to note I always pull into a private parking lot off the road when possible, many times before the lights go on. I do think you missed one important thing, alot of officers will issue you a warning then ask you out of the car. At that point the stop is effectively over and now consensual and you do not have to get out of the car imo.
Here is a question related to this topic. If one is the only occupant in the car and the officer orders the driver out of the car, can the driver ask the officer to step aside for the driver's safety, while exiting the car press the automatic window close buttons, exit the car, and close & lock the car behind him. Wouldn't the officer now need a warrant to open the vehicle?
I know. I’m not a lawyer. But common sense tells me you’re wrong on one point. If an officer uses the word,, “please” then that’s not an order; it’s a request. (An officer is quite capable of saying. “I *require* you to….”)
Hey, Mr. Flesche-what are the laws surrounding boarder patrol checkpoints? What questions are we lawful citizens legally required to answer? Are we legally obligated to show ID or verify our identity in anyway?
Bottom line: *ASK* . Ask if it's an order, or just a request. On the order, demand that the officer step back, away from the door to give you room to exit the car; refuse to exit until the officer has given you room to exit the car. ROLL UP THE WINDOWS, LOCK ALL THE DOORS AND EXPLICITLY TELL THE COP THAT YOU DO NOT CONSENT TO ANY SEARCHES OF YOUR CAR OR YOURSELF. *RECORD EVERYTHING*
Saying it is a minimal intrusion, whether you get out of the car or sit in the seat; IS a BIG intrusion. Usually, they can and will easily arrest you, regardless of any rational reason.
Having multiple sclerosis, and needing a walking stick to get around, I often wonder how my physical impairments would be misinterpreted. I also saw a bank teller nearly jump out of her skin when I walked into the lobby one day because she thought I was carrying a shotgun. I can imagine an officer thinking the same thing. Edit: Looks like my concerns are addressed in part two. ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-2t7ZltYa2tg.html
This was a real good video to do. People are always confused about this. What about pure fear or you know their intent is to do an illegal search. Cival is nice for the money but the criminal charge stays on your record and you will pay alot for the an attorney.
When I was young and just learning to drive it customary to get out of the vehicle when pulled over and wait for the officer to approach with your hands visible. I did this for decades in different parts of the country and was always complimented for being easy to deal with and a model citizen by the officers. Then one day I got pulled over with my family in the vehicle and did what I had always done and suddenly I was staring down the barrel of a gun and had no idea why. I was informed you were supposed to stay in the vehicle and keep your hands on the steering wheel in sight. The officer said that rule had been in place his entire career but that was the first I had heard of it. And I'm not a Saint, I get stopped occasionally. If things change people need to be notified like nationwide on public television before they have to look down the barrel of a gun. 🤔🤓🍻
Good to know. I've only been ordered out of the vehicle once... and ridiculously with 2 cars' worth of officers behind their doors, guns drawn (including a shotgun) because they happened to drove up and assumed me and friends to be fighting. We were messing around in a manner that would have looked like fighting, but 4 cops with guns drawn, it was a bit over-the-top, although par for the course for that city (and we're talking back in the 90s, much less how militarized that dept is nowdays as they have enough gear/equipment to invade a small country). Thankfully no ill came out of that in the end after conversations with the officers were had, but it was hairy for a couple of minutes there. I have been pulled over on the interstate and asked to get out to come talk with them on the side of the road; totally makes sense on a freeway when you consider there are incidents of drivers still blowing by at 80+ very close to the vehicles. This is a bit better since states put forth laws to slow down or move over for emergency vehicles, but distracted driving is more a thing. Personally, I do this for any vehicle on the side of the road because I've had to change a tire on the side of a major fwy, and last you want is vehicles blowing by 2 ft away from you, and you never know if someone or back seat kids might suddenly open a car door.
The legality of the search and the result of the search are two separate issues. The Fourth Amendment becomes meaningless if every successful search is legal by definition.
What if it's obvious that the cop(s) are going to commit violence against you as soon as you get out? Beat-down gloves on, batons in hand, riled up, yelling at you, possibly a gun pointed at your head? You're going to get some kind of resisting/obstructing charge anyway for tensing up while they break your bones, so would it not be better to stay inside and tell them (on camera) "I don't feel safe moving right now, call a supervisor!" ?
What happens when they order you to get out of the car so they can "test" you, and you are handicapped and KNOW you physically won't be able to do what they want? I have MS. I can't heel-toe on a straight line without losing my balance, my gait is unsteady/abnormal, and if they want me to stand up in one place without moving for more than about a minute, I have to sit down or my legs are going to fold up. What am I supposed to do? I've seen videos of cops yanking disabled people out of cars and physically attacking them for not being able follow these orders.
I always invoke the sixth amendment protections when pulled over. Law enforcement can not speak to you anymore until your lawyer is present at an investigative detention. And if they do it is deprivation of Rights. What should be worth more than $20,000.
If I got pulled over and asked to leave my vehicle, I would refuse. My son is with me, the cops are suspect because they lie, so allowing them unbridled access to my son, places him in danger of being violated too. If they operated under an honor system I might trust them, but they do not! I will never allow an illegal kidnapping, period. My vehicle is an extension of curtilage of property, I am safe there. Most times a cop wants you outside is so he can manhandle you or handcuff and detain you. Because his ego needs stroking, I refuse to submit to it.
I've watched many of your videos, and wish that they could be used in police academy training or as CEUs, or both. While you warn that most of what you say is Virginia law, you use a lot of both SCOTUS and Circuit Court rulings that would be applicable. You fashion your videos for the average person (which I appreciate), so police can't argue that they're too full of legalistic [stuff]. My dad was a lawyer in TX, and did a lot of Crim Def. (After retirement, he did contract PD work for a few years.) One of his favorite sayings was, "The words 'You have the right to remain silent' means SHUT THE [HECK] UP!" Thank you for your work.
Reminds me of something Ron White says in his comedy routine: "I had the right to remain silent, but not the ability." Because of that, his rap sheet shows "Tater Salad" as an alias.
@@Andrewflusche my questions is why police are able to lie about the smell of marijuana as a precursor to ask you to step out of the vehicle and there’s no marijuana found in the vehicle every charge and the ticket should be thrown out because the search lies were used to initiate the search and arrest why is that that that law changed?
you can always just ask the officer, "are you requesting that I get out of the vehicle or are you ordering me to get out of the vehicle?" If this is on video, it should be able to help you in court if the officer orders you to without proper justification..
No, that officer lost his job because of the after effects of the "Summer of Love" where many people were excused from or even rewarded for their crimes.
For most persons, you keep both your hands on TOP of the steering wheel, as the police SMASH the driver's side window and SHOOTS YOU TO DEATH! The court later decides it to be "Justifiable Use of Force and Homicide."
If the officer goes from ASK to ORDER, you win. The ORDER was retaliation ... be sure to file for permanent restraining orders against the cops involved to protect you from retribution while pursuing their police certifications...
Refusing a DUI test or a breathalyzer is technically legal but often a bad idea if you are trying to do it on principle. Police can't force you to be tested in the field. But in some states its possible for your license to be revoked for a year if you refuse a voluntary test. And Police can also order you to come into a lab to get a more formal test. That more formal test is not optional.
He lost his job for the illegal choke hold he used on the driver, and he seemed to be looking forward to it! He must have been off beating kittens, the day they taught de-escalation tactics!
Andrew: Can you share with us about when or under what circumstance the attitude shifted from "Everyone or Citizen's safety to solely officer safety"? Have you noticed how their training is has become "no matter what, we want officers safety to come before all else"? We now seen officers kill innocent unharmed citizens in the interest of "safety".
State of Texas (former cop) - My chief told me that if someone refuses to exit the vehicle, then call a tow truck and as soon as two wheels are off the ground you charge them with occupying a vehicle that is in tow which is a violation of state law. And you can search.
6:10 except that an "order" without any law backing it up is just a crime. Nobody has to exit their vehicle to make it easier for criminals to assault, kidnapp and murder them.
