DUI Checkpoint Refusal: Who Does it BEST?

There's an art and science to handling yourself at a DUI checkpoint. I gathered a few examples from other KZbinrs. I'll rate and rank each one to see who does it best.
Check out their original videos:
Ryan Scott
• CHECKPOINT Belligerent...
2strokeYardSale
• DUI checkpoint refusal...
Jesse
• Attorney/Uber Driver T...
Leave Andrew a voicemail with questions or ideas: www.speakpipe.com/flusche

[@edswiskey7373]

Ryan had the right to remain silent but not the ability

[@Andrewflusche]

Hahahaha. Truth.

[@jonathanjohnson8656]

Every time I hear that I can hear Ron White saying it lol.

[@alexm7777]

How do you gain that ability and overcome your nervousness?

[@SOG-xb4qh]

​@@alexm7777You won't until you try.

[@Dev-In-Denver123]

@@alexm7777That’s a good question. I guess some of us are just born different. You’re like one of those chicks like my gf who says they get too nervous to lie 😂. It’s like do you wanna go free and avoid jail and court and fines or dontcha?? 😂

[@shadeboogy4912]

The last guy, Jesse, is an attorney in my town as a matter of fact. That's one of the same deputies that pulled him as an Uber driver, and demanded to search the vehicle. He's also a great Uber driver. I've had him a couple times. 5 stars!

[@urkcin9385]

Is that raleigh nc? I feel like I've heard of him

[@Lol_Pig]

I KNEW that had to be him!

[@shadeboogy4912]

@@urkcin9385 that’s Wilmington. But I’m sure he travels back and forth

[@mikebar42]

Thanks for the Uber Rating, lol

[@giancarlocarattini4985]

@@johndoe4558 Wait?!? What?? Jesse is not an attorney? He has a bar card! And not one that gets you martinis, either. That particular officer knew the judge he clerked for and said he thought he looked familiar and recognized him, so...

[@honkhonkv2236]

- "Hi sir" - "🗿" - "Understandable have a good night"

[@ayush_dwr12]

underrated comment 😂😂

[@hast0408]

Amazing how citizens have to know to assert our rights, while our police ignore them. Never talk to the cops & always make their jobs as difficult as possible.

[@AuAdventures]

Coming from the clown who would piss themselves self if someone kicked in their front door, or a drunk T-boned you. Roadblocks are definitely unconstitutional, however.

[@LordBritish-hi5cp]

It’s not my job to make the police’s job easier

[@billalumni7760]

Agreed, it really should be the other way around but until We The People start sending a matching email or letter every single time we write on KZbin it will never happen.

[@Uneke]

It’s not your job to make it easier for them… I wouldn’t suggest making it “as difficult as possible” though lol

[@hast0408]

@@Uneke I would. Unless you want to get locked up.

[@johnnyjacuzzi7498]

First officer must’ve slept through de-escalation training.

[@carlmorgan8452]

Looked like an assault to me.

[@kkttss1928]

He is a punk showing off in front of his buddies. He has no business being in law enforcement

[@robertmiller2633]

He missed it when he blinked !!!!!

[@The0Matador0]

He is a bitter old tyrant past retirement.

[@spoonyfart]

Ryan’s first mistake was not locking his door.

[@JohnAdams-mu7xd]

Ryan's second mistake is that he is no longer in America but Nazi Germany...

[@kuzuya937]

Yes

[@SeanRD82...]

True, but it doesn't really matter. That cop wasn't legally allowed to open his door like that. 4th amendment. This country is turning fascist as hell.

[@steveablet4041]

@@SeanRD82... Pennsylvania v. Mimms determined cops can order you out of the vehicle. I would've just gotten out and kept silent with my license.

[@BigTrees4ever]

@@steveablet4041case law is not law. Don’t be naive.

[@noControl556]

As Ron White said, "I had the right to remain silent, but I lacked the ability"

[@jacobhawkins1580]

Around 13 years ago I was on my way to ball state university to party with my then gf and her housemates... I was pulled over by the Indiana State Police on I 69. I was as sober as physically possible. I had a water bottle filled with apple juice that was around half full in my cup holder. I was asked to exit my vehicle and perform some field sobriety tests. I asked why... His exact words were "Well you maintained your lane control but you were kind of swerving back and forth inside of your lane" Without missing a beat I replied "So what your telling me is... I didn't do anything wrong..." He said "Well Smartass.. we're here now.. get out of your vehicle.." I exited my vehicle and asked for a supervisor... For some reason this really seemed to piss him off... He asked me why I wanted his supervisor... I told him I'd gladly explain it when his supervisor arrived... He told me to get back in my car and get the fuck off his interstate.. 😅... I apologized for not knowing he owned I69 and left thinking it was over and done with... When I exited the interstate some 7 miles later I was pulled over by 3 state police officers.. Asked to perform several impairment tests to which I did and then basically kidnapped and taken to the hospital for a blood draw that came up negative for anything... Had I known better I'd of sued.

[@flyguyry1]

Blood draw??? 😮

[@harrisk.9889]

If they have ordered a breathalyzer test with "probably cause" and the civilian refuses, I'm pretty sure they have the right to take the civilian to the hospital for a blood draw as an alternative blood alcohol level test

[@jeromemccollom936]

Don't worry, Donald Trump says he will ensure that police can't be sued for such violations and that taxpayers cover any and all settlements, because, maga or something

[@fasillimerick7394]

I think the point of repeatedly asking, "am I being detained", is to get law enforcement to explicitly acknowledge a detainment.

[@TEverettReynolds]

It's more than that. They have a time frame they are required to abide by to complete their investigation of you. This is why cops can't keep you detained for hours on the side of the road while they look for other things to charge you with or make you wait for the police dog. Legally, when they stop you, they are required to start their investigation of you and the law ule\code you may have violated. Once they finish that initial investigation, they are legally required to cite\arrest you or just let you go. Most people will chit-chat with the cop, prolonging the stop, and sometimes giving the officer more time or information to come up with another reason to cite\arrest you. The clock starts with the initial stop, contact, and detainment.

[@eq1373]

@@TEverettReynolds only problem is that there is no "clock"

[@selfdo]

@@eq1373 But there IS. It's the time necessary to complete the LAWFUL purpose of the stop. For a DUI checkpoint, they're allowed under Sitz v. Michigan due to the SCOTUS majority opinion excusing them as a "minimal intrusion", necessary to screen drivers for signs of impairment. The time should be as little as fifteen seconds, if there's no overt signs of impairment, to wave the driver on through. Of course, a cop will, if he wants more time on a particular person, simply say things like "I smelled alcohol on his breath" (or the car smelled of 'weed'), or "his speech was slurred", "his eyes red" or "pupils dilated". This is where having a dash cam and using the cell phone to record, Record, RECORD the encounter can refute the cop's assertion(s) if he's wrong and/or LYING. Most jurisdictions consider fifteen minutes to be a "reasonable" time to hold a motorist for purposes of writing up a moving violation(s). Beyond that, there must exist "reasonable, articulable" suspicion that criminal activity is "afoot", mere "hunches" or "profiling" most certainly doesn't qualify, in order to hold the detainee any longer, to get the "drug dog" or otherwise investigate and/or get a search warrant for the vehicle. This is WHY you say as little as possible, but simply "Am I FREE to go?", and "I don't consent to any searches". Repeating those phrases won't necessarily get the cops to let you go, nor stop them from searching ANYWAY, warrant or not, or whether they get the four-legged "probable cause on a leash" to do the CUED "alert song-and-dance", but it will do a LOT to enable your attorney, should the matter come to that, to show that you did not consent to prolong the detainment nor to any searches or seizures. Typically, 45 minutes to an hour is considered the maximum that one can be detained in order to secure a search warrant or to wait for the K-9, beyond that, as it's ALREADY a de facto ARREST, it becomes questionable as to its legality.

[@hankwilliams-hx9ww]

Any lawyer worth half his ass can argue that he's being detained. It's a moot point, for now. Somebody might successfully open up that can of worms one day but for now I think we're good. It's unnecessary.

[@catwithoutthehat]

​@@selfdo they have about 15 to 30 minutes, don't talk give your info and you'll be gone in no time, and always record the police

[@werefrogofassyria6609]

That first one shows why you always keep your door locked while driving.

[@GrantTravels23]

Right to be secure in your possessions

[@youtubecarspottersguide1]

and shut up and once your done shut up once again

[@americansmark]

A lot of newer cars automatically unlock the doors when it gets put into park or shut off. Gotta remember to lock it back.

[@chuckiemeister]

Yes good advice. You can tell the police you feel safer with a locked door and staying inside the car and then proceed to not answer any questions.

[@savyquinn9529]

The cops have an ID roadblock or whatever they can't just ask for ID they haven't spelled u of A crime or an infraction or anything so you don't have to give them your ID

[@mykalhildebrand5727]

First officer angry is escalating amazingly well.

[@The_Pariah]

Really enjoying your YT content, Andrew. Great stuff. Keep 'em coming. I love learning stuff. Especially the real rules of the law.

[@robbiegarnz7732]

The first guy escalated the situation way too much. If he even had an ounce to drink he’s screwed.

[@Heather-xm9ul]

Even sober, he created too much room for the officers.

[@sneifert1968]

If he didn’t have a camera on, he would have been hella fuk’d

[@robbiegarnz7732]

@Pure Blood true the only problem is the SC upheld their ability to conduct these stops. Rightly or wrongly the buck stops there. Those officers weren’t trying to be a holes. They didn’t want to be out there any more than the motorists wanted them there.

[@remliqa]

It's hard to argue that it's unconstitutional when the Supreme Court disagrees with you.

[@remliqa]

​@Pure Blood That is like sayin the teacher can't give you an F if perform poorly in her/his class because doing so is an appeal to authority . Again, it doesn't matter what you think the law should of how the constitution is interpreted , The SCOTUS is the one who ultimately decide what violate the constitution (not you , me ,Andrew Flusche or anyone else) what doesn't . Whether you agree or like that decision is irrelevant.

[@leef_me8112]

Jesse was GREAT on not rolling his window down. It serves no purpose except to give the cop more control so he can say "I smelled alcohol"

[@billymacktexasdetective5827]

I disagree with a lot of what this lawyer is saying. I don't comply with unlawful orders (like telling me to roll my window down more), let the piggies respond however they like to my refusal.

[@KronoKing]

I’ve always wondered about that. If you crack ur window open just enough to give them ur license and registration they can’t say they “smell alcohol”. They need that probable cause to get you out of the vehicle and conduct a dui investigation. Either that or if they ask you have you been drinking and someone foolishly says yes, 2 beers. But if they order you to roll ur window down and you refuse. Can they order you out of the vehicle without enough probable cause? And is it a lawful order? I don’t know that’s why I’m asking.

[@hallowedbethygame2840]

They can order you out of the vehicle for any reason, in the name of “Officer safety”, established in Pennsylvania v Mimms and Maryland v Wilson i believe (I’m not a lawyer)

[@oopomopoo]

I don't get what there is to disagree to? Regarding the window, it's a window. The smell is there regardless of how much that window is open. Only teenagers think it doesnt, or that putting a coat on makes the smoking smell go away. Rolling the window down is just a personable thing to do to better see a face.if you dont want them to see your face then that's entirely your choice, but it's not some magical 'I can smell better'.

[@oopomopoo]

Mu h like he said during this video during the visor scene, a cop needs to be able to validate your face is the same as the one on the id. It's difficult to do that with 1 inch clearance if your windows are tinted.

[@exile220ify]

Really love your vids Andrew - keep 'em coming! You're a total geek and we geeks love ya lol!

[@jimf6427]

"Five Stars." Love the channel and your excellent advice. Keep up the good work.

[@jamesk3565]

damn the way the officer slammed the door, just a little pissed🤣

[@feez357]

But, if he had locked his door...

[@selfdo]

That officer's behavior was not in keeping with the standards of the Illinois State Police. Was he disciplined and/or fired?

[@m4rvinmartian]

*8:00** FWIW, the motorcyclist is a known 1A Auditor. At this point he is auditing, that is why he extended the stop.*

[@user-wg8zj7dq1g]

I never drive when I have had anything to drink. That's a big help for me. When they tell you that you're free to leave GFOD.

[@rjthomasindyusa]

“Driving is a privilege…. not a right”…. This guy really drank the KoolAid.

[@tonysmith4091]

But it's the law in 50 states...so I guess all 50 states "drank the Kool-aid".

[@rjthomasindyusa]

@@tonysmith4091 You are a good citizen.

[@SOG-xb4qh]

Sure present your have to renew (buy) every so often permission card.

[@A.C.Lawrence]

Gun ownership is a right. Driving a car is not.

[@SOG-xb4qh]

@@A.C.Lawrence Explain plz.

[@JustOneEarth]

Very good of the motorcyclist to clarify that “Do you have ID?” was meant as an order to provide ID. I’ve seen a video of a someone being arrested for refusing to ID when the officers never actually requested that the person provide it; the officers actually asked “do you have ID on you?” To which the person responded “I don’t answer questions”. The officers literally never once asked, much less ordered, that the person provide the ID to them. Just saying that the fact motorcyclist caught the distinction is a great sign.

[@TEverettReynolds]

> I’ve seen a video of a someone being arrested for refusing to ID when the officers never actually requested that the person provide it This is why **you MUST record all traffic stops,** even if it's just a voice recording on your phone in your pocket.

[@santosic]

Definitely a great thing to keep in mind. I feel at this point they do it that way on purpose to trap you and say you refused an order. But if it's worded as a request when you've just invoked the 5th amendment, then obviously you'd think you're allowed to not answer their question. Answering that "question" by asking for clarification if they're ordering you, specifically, to hand over the ID could go a long way in diffusing the situation too. At least they can't argue as easily that you refused their orders, especially if you've recorded the entire interaction. As you should.

[@idriwzrd]

"Let's wise up.", the officer says, ironically.

[@roguetaxidermist3969]

That was a mistake in the caption. What he actually said was "why's that?"

[@TheSakufighter]

2A violators should not be telling anyone to wise up.

[@HazellRahh]

I have actually wondered what a lawyer thought of these exact three videos! Thank you!

[@sarahlacey2174]

Not sure if this will work this smoothly for all people. But I love this video and I will share with my family

[@odysseusnissan]

I was at a similar DUI checkpoint in CA and the cop stuck his head in my window and tried to look into my eyes point blank with his flashlight. So I closed my eyes. He screamed and cussed at me to open my eyes but I told him to get a warrant. He let me leave.

[@Rick_1337]

Law enforcement should be required to hand you their card anytime they interact with you. Before they get your id, they should have to provide their own. That includes all the extra cops that show up whether they speak or not. This way if they witness an officer violating your rights and do nothing, they can be held accountable as well.

[@Michael-yo7db]

Well technically they are required to id themselves whether that be by card badge number or name and department

[@sigmamale4147]

"Hey sir, would you mind stop shooting at civilians and police officers so i can give you my card ?"

[@robertleeshook]

@@Michael-yo7db This isn't strictly true. Some departments have a policy that officers must do so but its not a law.

[@zacharypadgett4311]

Does common sense elude you buddy? Yes let’s have cops please provide the active shooter with an ID card before stopping them. Do you know how many cops have been shot the second they walk up to a cars window on a traffic stop? But yeah let’s have their hands on their business card. Not like they are wearing name tags most of the time

[@eq1373]

Card? What card?

[@gabrielramirez-bb9xe]

Love the correction and the Advice. Awesome

[@enmiredbythelazy4401]

Here in AZ there's another caveat. If an officer asks if you have a firearm in the vehicle, you are required to answer in the affirmative if you do. It's a load of crap as it effectively constitutes an end-run around a search, but it's the law. If you do and they ask for it, you're required to hand it over for the duration of the encounter, at which point they're required to return it to you if they're not arresting you for something.

[@munkiebonez2711]

I've seen so many wrecks happen at "safety " check points. Most caused by badges chasing those who took the turn to avoid, which is a allowed. They burn out of their spots causing all sorts of hell. But their Qualified Immunity gets them out of being responsible.

[@buzzbuzz132]

Seems like turn to avoid would be easy enough, why badge chase? Most likely the turn was over the yellow line....and that is illegal......but oh my goodness, Barney just got the green light to harass.

[@springerworks002]

@@buzzbuzz132 😆 🤣 😂 😹 You'll make up any B.S. to justify government over reach.

[@lucascarpenter4365]

​@@buzzbuzz132Or turning into a street just short of beginning of checkpoint only to get chased down and held for 6 hours while 6 deputies rip apart your car then apologize when they can't find anything. Then expect you to clean the scene of everything they ripped out of your in 15 mins so you don't get cited for littering.

[@FedkaSlovanich]

bunch of cops got fired in my town after they chased a guy that made a uturn infront of a dui checkpoint and the idiots slammed into a bus in the complete wrong direction

[@geoiselin]

I'm surprised the citizen wasn't charged with hitting the bus And the cops treated as heroes for chasing an innocent suspect.

[@trashpandalife]

There is nothing reasonable about DUI checkpoints, despite what some clown in a black robe says.

[@stevenspilly]

Guessing you haven't had a family member killed by a drunk driver. What a shame to inconvenience drunk driver dirtbags.

[@Lol_Pig]

Its just a fishing exercise hoping to catch a couple bites. Disgraceful.

[@stevenspilly]

@@Lol_Pig so?

[@themanwithnoname1839]

@@stevenspilly imagine working a 16 hour shift with a 2 hour drive home then being stopped by these idiots? Its bullshit, so is the response of a petulent child....

[@superjare23]

@@stevenspilly So? Do you pay your taxes to be investigated because the department is bored and needs arrests?

[@richardkeenan3079]

Andrew helped me in Spotsylvania VA to get out of a traffic charge. Andrew is amazing! So professional and so effective! I hope I don’t have need of using him again but if I ever have the need Andrew F. Is who I’m going to here in our area! Love him! Highly recommend!

[@MaydayAggro]

It absolutely DOES serve a purpose to keep your windows up as much as possible to make it more difficult for an officer to claim he smells alcohol or weed. In most states you are not even required to hand over your license. Most state laws use words like "exhibit" or "present" rather than "provide." You can place it against your window for the officer to look at it.

[@bingus549]

Cap on everything you said

[@pockets3956]

I always love when one of your videos pops up in my homepage. Thanks again for important and citizen-saving advice and critiques!

[@originalchilehed]

It's been my understanding that there's case law that establishes that merely remaining silent is insufficient to notify law enforcement that you're invoking the right, that you need to explicitly say that you're doing so.

[@shadowwhogames6063]

Correct. Silence without clarifying that you’re invoking the 5th can be used against you

[@originalchilehed]

@@shadowwhogames6063 As I understand it the real problem can start when you've been answering questions and then suddenly stop, they can claim that it points to guilt. If you never say anything they can't do that, but then they can grill you indefinitely - they don't have to stop until you lawyer up or insist on leaving.

[@MaydayAggro]

That case involved a subject who was answering questions and then just stopped talking when detectives asked an incriminating question. Remaining silent from the beginning is still fine.

[@EGGINFOOLS]

Your rights don't have to be spoken to have them or make them applicable. They were written 200+ years ago. The right to remain silent doesnt have to be spoken

[@originalchilehed]

@@EGGINFOOLS You are absolutely mistaken: "Before petitioner could rely on the privilege against self-incrimination, he was required to invoke it. Because he failed to do so, the judgment of the Texas Court of Criminal Appeals is affirmed." Salinas v Texas, 570 US 178 (2013) "A criminal defendant’s right to remain silent is waived unless it is clearly invoked." Berghuis v. Thompkins, 560 U.S. 370 (2010)

[@flowerpt]

These videos will save a life some day, if they haven't already.

[@greencondoresq]

Great video. I'm an attorney and I used to do DUIs. I was watching this video going, "Mmmhmm," along with basically all of your statements.

[@RT-gv6us]

Andrew, I give this video a grade of 5 stars. Comparing these three sobriety check point stops CLEARLY shows the right and the wrong way for a citizen to handle these. Very well sir.

[@Andrewflusche]

Thank you! :)

[@ragmon1000]

I did not hear him use the term "terrorist" to accurately describe the pigs.

[@ragmon1000]

This is not freedom. When the lawyer ranks you lower for exercising 1st amendment rights and doing no harm, it is not freedom. I give 5 stars to the guy that keeps it real and tells the pigs where they can take their tyranny.

[@ww2067]

@@Andrewflusche 1:50- I know you already know this but it doesn't matter what the Supreme Court rules if they rule against the Constitution then they are committing treason and their ruling is null and void as you well know anything that goes against the Constitution is automatically null and void they knew this would happen when they wrote it. It's what the Constitution says that matters the problem is the people won't stand an if the people won't stand up to this tyranny then this tyranny will rule us as slaves. The very moment that people stand all this lunacy will be put to an end but until then we are stuck with it and we can only push so far

[@ww2067]

@@Andrewflusche it's a sobriety checkpoint not an ID checkpoint also according to the Constitution we don't have to have a license to drive anyways and that is also well established in the court of law we have a right to travel they cannot take that away under any circumstance according to the Constitution they can try they can invent all the driver's license they want but you can fight it and win in court I know lots of people that have I don't even get hassled about it and I travel all over ... I don't know what state the kid is in on the motorcycle but I do know that they are not allowed to check your ID at these checkpoints that's not what they're there for it's a DUI checkpoint you said they had to match his ID with his face to make sure he was lawful to drive the vehicle that's not what these DUI checkpoints are for. Another thing you keep saying following orders we are not in the military they are not our bosses or our masters they are not even over us in a lawful way until we break the law you need to clarify and let people know that it has to be a lawful order the easiest way you can do this is ask them is this a lawful order and of course know your rights and the laws in that area

[@Direwolf1166]

I can think of one reason to remain longer. If a cop was being overly aggressive/demanding and you need name and badge number to file a complaint.

[@Andrewflusche]

Perhaps. But I'm skeptical that complaints really go anywhere most of the time.

[@Direwolf1166]

@@Andrewflusche you are probably right. But my dad was law enforcement and i know complaints sometimes bothered him and he would sometimes modify behavior when a complaint was made. I know most of the time it a "we investigated ourselves and found no wrong doing" but there's always the chance that on the personal level it gets to them to not be so overbearing/intrusive.

[@a-liberal-patriot]

@@Andrewflusche That's why I learned a long time ago not to complain to the department. Go up the chain: City Councillor, Mayor, Media.

[@tubedude54]

@@a-liberal-patriot Absolutely... file the complaint with an outside agency... If it's the locals then file with the State police or even the FBI.

[@scylla5114]

Complaints go nowhere they just sit or get lost along the way.

[@tedlarson2078]

I’ve been checking out your next video for the last couple hours

[@Truth_Warrior0311]

Bro this law shit is deep thank you for everything you do brother from one American to another your are doing us all a major favor

[@BABA-ws5eo]

Great video. I hope you do more like this to show the best way to deal with these stressful situations.

[@TheDevicemanager]

dumb idiots only make themselves into stressfull situations

[@jonathanzimmer6831]

Very interested in you doing more reviews on this type of content. Showing varying levels of good and bad decisions/ behavior. As always, I appreciate your work sir.

[@andyt3938]

In Kentucky they need 4 things. A written plan for the event , signage with a designated pull off lane clearly marked, a supervisor on scene, and an announcement to the public.

[@timothyrussell1179]

I've never driven drunk but I appreciate this channel a lot!

[@Shadobanned4life]

Thank You for your very helpful videos. You are helping more people in more ways than you likely realize.

[@a-liberal-patriot]

After watching a few of your videos, I researched buying a dash cam. Now ordered. Will feel better with it in place.

[@EpicATrain]

3:50 I fully expected him to get arrested! He was told to get out and he didn't. He was super lucky.

[@randomstuff-qu7sh]

Out where I live, DUI blockades are very rare. In general, they just do emphasis patrols during high risk times, and normally the news gives fair warning about the emphasis patrols.

[@eugenetswong]

I love your rating system! Also, thanks for reviewing these encounters.

[@NotOfThisWorld567]

Leaving your window up prevents them from saying the "smell of marijuana is coming from your vehicle."

[@dennisbarrett6148]

Keep your stuff where you can lay hands on it! I've seen some people do a search of their entire front seat area for 5 min. looking for their reg/ ins.

[@superchampable]

I remember going through a DUI check point during new years. I see all these lights at the bridge thinking someone jumped again. I had just smoked a joint a mile back thinking "should I turn around?" I don't and good thing I didn't as a cop is waiting in a blind drive. I roll down my windows to air out the car and pull up to 10 cops in the center of the road. Shines his light in my eyes and asks if I had any drinks tonight and I reply no. Walkes back to talk to other officers and a moment later comes back and lets me go. My eyes are blood shoot, ash from the joint on my lap and I'm free. I was driving a manual Mustang at the time and I squealed the tires as I left. Got a few ooh and awes lol. I was expecting rd lights to come after me but nothing! I honestly think they were surprised at my courage of not turning around when I had the chance is what saved me!

[@DavidBlake27055]

This video receives 8 stars out of 5. Three bonus stars for great commentary.

[@itsnotme07]

I'd seen that motorcycle video before and he was not so much trying to "not talk" to them as test their actions, which is why he wanted an incident number and information after. I think the 1st video should have done that as that officer who opened his door and started screaming was WAY out of line and should be disciplined for his unprofessional actions. Great stuff/info Andrew! I hope I never NEED it. LOL

[@feez357]

But he should have had his door locked.

[@macmcleod1188]

Well I think the motorcycle driver took some additional risk he's also putting polite pressure on the police about the fact that citizens have rights and by letting the officers know they cannot remain anonymous.

[@m4rvinmartian]

The moto rider is a first amendment auditor.

[@thadrepairsitall1278]

In the first video I think the officer is lucky he didn't get hit or poked in the eye.

[@briang.7206]

LAPD you might just end up in jail. I'm polite to them as they have to deal all day with the crazy street people here and maybe they are in a bad mood. They have a stressful job. Again not saying the officer was right yelling at him.

[@ZiziWeightman]

Jesse was GREAT and did everything perfect as well as not rolling his window down further

[@josephtucciarone6878]

Thank you for teaching us.

[@zappyeats2579]

In the first video, I know lawyers often say in court something's seem obvious and redundant but its important to preserve for the record. Wouldn't it be the same on the road. Also I once seen a use of force case. I believe the end result was basically the cop was within his right to ask the driver out of the car. However when the driver would not get out of the car but was not aggressive or appear to be of any threat the officer was not in his right to escalate to force to remove him from the car. I'm sure this would be very jurisdiction specific but I found it interesting.

[@mangomaniac4194]

U might want to watch that video again. The cop likely had the right yo remove him. But not the right to beat him up while rrmoving him.

[@zappyeats2579]

@@mangomaniac4194 I do not think the guy was beat up in this case. I don't remember the specifics but I think the point is at that point yes they could remove you if your under arrest but that is it. The video was about a case not like an audit video.

[@TEverettReynolds]

They are typically allowed to remove you from a car under the guise of "officer safety". Its not about the infraction, its about the cop.

[@shawnwatson1419]

Excellent! You should do more of these types of videos Andrew. Thank you!

[@Kyle-0262]

Crazy the second video doing a DUI checkpoint in the middle of the day.

[@geoiselin]

Thank you for making this video. The Law expects us all to be experts without practice, but at least you are educating us on how to handle the police.

[@sherlockholmes4700]

please do more of these types of review videos, very informative 👍

[@Andrewflusche]

Thanks! It was fun to do. :)

[@Norm-R]

Absolutely agreed. I find these real world examples incredibly helpful and the commentary on what could have been done different because I would probably be like the first guy where I refuse, but still talk too much when I see how effective the second and 3rd guy were in exercising their rights.

[@ruben7937]

Yes was very informative:) Although we thankfully do not have such crazy systems in my country. Almost noone in my country are afraid of cops, they are not after getting you here;)

[@mattbrown5511]

Just how many sets of boots do you lick every day?

[@Drikkerbadevand]

The motorcycle guy handled it well. (Except the end of course) People misunderstand the idea of the 5th. You dont have to invoke it for it to take effect, you're invoking it by NOT incriminating yourself by answering questions. You can still talk to them, and be polite saying "is it OK if I reach into my pocket", "are you ordering me to [lower my window]" "good evening" etc Of course if you've had anything to drink or even if you havent, they can claim your speech was slurred etc. But then again, they can claim you smelled like marijuana or other even if you did absolutely nothing and was quiet

[@Thecelestial1]

This is wrong. There are Supreme Court cases that have been lost because people didn’t verbally state “I invoke the fifth”

[@c0rpse1]

ill give the last cop credit too, he respected the guys rights at least

[@cameronmoore136]

I fully understand the frustration these people are in, just trying to do their job, the slightly cracked window already being a sign of "I don't trust you", but while the guy was not complying from the get-go (not that I'm stating he had to), he was NOT being aggressive. The other person, however, absolutely was. And as someone in a position of authority, that is virtually NEVER acceptable. Especially considering the officer risked damage to the car by slamming his door. How would the officer, or other officers, react if a civilain had slammed their door? Why is it okay for an officer to slam yours, and if you react with aggressiveness or hostility, you get the book thrown at you. But if the roles are reversed, the civilian has to just take it? That's an abuse of power.

[@JamminJamin]

This is the best channel for police interaction. This and audit the audit do really great work. You got my support.

[@deenine]

Thank you for this video. I saw that first one before and I get annoyed when the person tried to "get" the police by asking teh same question over and over again.

[@evanbriggs443]

The Mimms case relates to a Lawful Traffic Stop (for an Expired Plates violation). Are these kind of Roadside Checkpoints considered Lawful Traffic Stops (without an observed Traffic Violation)? I would argue no and that they could not Lawfully Order you out of the vehicle. Your thoughts?

[@Steve-kr5ef]

Bahahaha, another good video. Love this Lawyer. Be safe bro

[@zaksmith1035]

Thanks for the compare/contrast and critique here. It's really good to see examples of mistakes you can make while attempting to exercise your rights, as well as how to handle it perfectly. Funnily enough, the true path is a kind of Zen, where you accomplish everything by doing nothing.

[@Andrewflusche]

Keep a mind like water to get through a police road block.

[@zamin_ali]

I enjoyed how you commented on each video. Please make more in the future. ✌

[@josephorzolek2623]

First, I love your videos. I think you do a great job. Second, I have seen numerous attorneys state that you should leave your window rolled up as far as you can while being able to pass through documents. The reasons vary, but typically include a cop being able to reach into the vehicle easier, stick their heads in and claim they smell something, etc. I say unless you are ordered to, why give the police any more access than necessary? Third, DUI checkpoints are a bit easier because the police detention is not specific to anything you have done. Could you possibly do some videos on what you should do if you are pulled over for speeding, running a red light, etc.? The reason I ask this question is due to most people saying that you shouldn't talk to cops. Well, what happens when a cop who would otherwise let you off with a warning, gets annoyed at your attitude and decides to arrest you? Thanks, and God bless you.

[@edwardhollenbeck9700]

I've been told by an attorney that Pennsylvania VS Mems has 2 qualifying conditions that have to be met before the police can order you to get out of the vehicle. Condition one is that it must be a lawful traffic stop. Condition two is that the police officer must have reasonable suspicion that you constitute a reasonable threat to them. Your response would be appreciated.

[@ivarorno]

But by having the officer verbalize it surely it would affect his qualified immunity? Previously he could just claim "I was doing as I was told" or something, but now he's aware that he's detaining people and he should be aware of the legal requirements for that.

[@Inpreesme]

I believe you absolutely have to video every encounter with law enforcement, without it I believe the encounters could go sideways in a blink of an eye leading to your Miss treatment

[@dewaynebattles]

Citizens lie against police way more than the other way around. That's why police will no longer work without body cams.

[@genxray951]

which is why body cameras should be Mandatory, on at all times ,with the video streamed to a secure cloud server that the police do NOT have possession of.

[@flyingsodwai1382]

Love that last one, good driver, good cop.

[@barrymarootner504]

My home state of Oregon is so Effed up with so many issues but thank god I’ve never been through any sort of DUI checkpoint.

[@sparty94]

hi andrew, i've watched some of your videos, just wanted to say that i appreciate what you are doing to help protect our rights.

[@septegram]

First guy should have had his door locked. One good reason to keep your window rolled up as much as possible (and never roll down more than one) is to undermine a case if a cop claims (falsely) to smell marijuana.

[@keensweep]

the alleged detection of Marijuana odor is not lawful cause

[@drewfleming7065]

The best is Jeff Gray at "honor your oath" youtube..he places his documents in a clear plastic bag with a string attached, and on a printed card he states he is invoking his 4th, 5th and 6th amendment rights and hangs it out the window rolled all the way up...Priceless...

[@DGimpeccablejaguar]

Why are they allowed to order you to lower window without cause and just because it’s an order?

[@evgenyonishkevich8494]

Great tips, as always!

[@Stevel_]

Best video yet! Great stuff Andrew! Its a bummer laws vary so much from state to state. Where can a motorist find what they need to know to protect themselves around the country?

[@scotthayes1804]

Protect yourself from what?

[@scottblubaugh]

@@scotthayes1804protect ourselves from the biggest gang in the country that gets away with killing over 1,000 civilians every year.

[@alexm7777]

​@@scotthayes1804from tyrants preying on your ignorance to jam you up with whatever little change they can because the rules are not universal from state to state

[@michaelmangan7963]

This is one of the better videos on this topic

[@mamapia5419]

I remember Jesse from another video where a condescending officer lies to him by telling him it's illegal to film.

[@dougberdan3906]

Last time I went through a check point I had a car that the power window didn't work right so it would go so far and stop other times it would work normal I put the rest of the windows down told the officer that it was a sometimes window the officer asked what is a sometimes window I said sometimes it works and sometimes it doesn't he laughed as he said your free to go

[@KronoKing]

Can this approach work when being pulled over and suspected of dui? Or just check points?

[@randyparker7833]

Loved it. My wife is always asking how to safely and peacefully ignore/dismiss police. However passively standing by tends to be the issue for lack of legal regulation that protects our CONSTITUTIONAL right. E.g right to security of documents and freedom of speech and the grand 5th. If we just quietly ignore these unconstitutional acts. How do we expect to fight them in court. Can one sue the police for unconstitutional acts if one fully comply with the unconstitutional act?

[@goodcitizen3780]

Yes. It is understood that you are being compelled under the threat of force. Ideally you would have them state that you could/will be arrested if "blank".

[@keithbanther3385]

Are we complying with the demand for I.D. with out P.C. or R.A.S simply to get on through & lessen the detainmant time? That is a 4th amendment violation

[@kamaubentley3378]

Most people are willing to give up their rights out of convenience smh it's shameful

[@luke8222]

Yeah completely unconstitutional. Constitution is always above all these wack federal and state laws.

[@alexm7777]

We do it because every state has a law that a Leo can check to make sure you are licensed to operate a motor vehicle on a public roadway if you are detained.

[@alexm7777]

How do you record the police with your phone without being cited for using it while driving?

[@seanritter897]

Please do more reviews like this. Perhaps even some 1st amendment audit reviews

[@israeljarvis8086]

I appreciate you're channel. Very informative and interesting

[@MaydayAggro]

Finally an attorney who doesn't toe the "scotus decides the constitution" line. Totally unconstitutional.

[@MaydayAggro]

State law also does not decide the constitution.

[@johndrake3472]

No reason to get snarky - doesn’t help you, only hurts.

[@zachdanielson7051]

Your the man Andrew! Thanks for your content. Clarifying question: for the video with the motorcyclist; would the only reason to not stick around be to have no further inaction with the police? What if you believe something went wrong with the encounter and you need to follow up with the officers supervisor? Is there any way to contact a supervisor without grabing a card or name? Thanks!!

[@gi70st]

the department knows who is working the roadblock at a given time and location

[@Grendelbc]

It's highly likely that the sergeant who told him to call him with any questions would NEVER bother to return his calls. Asking for the ID of the cops in question immediately was the smart thing to do.

[@alexm7777]

Is the bodycam footage not sufficient enough to identify the officers in the video?

[@jesusgavemeaids]

I've always been curious about the legality of cops telling you to tilt your head back to look up your nose. Some people crush & snort pills (& other drugs) & cops used to harass me & my friends all the time & sometimes asked us to look up our noses for residue of drugs is what I assume. But I always wondered if we were legally required to do that. & we were just walking in most cases; not driving.

[@snakemanmike]

They have no legal right to do that unless they can provide reasonable suspicion or probable cause, but if you refuse, it may escalate the encounter. That's a tough one. I personally think that those cops need a lesson on the constitution, but the question for you is whether it is worth it, given that it could be a nasty fight, with you even being arrested. If they violate your rights, do you have the resources to hire the quality lawyer it takes to fight them in court? Are you willing to go to the trouble to assert your rights in this matter, not knowing how far they may carry it? It's a tough decision.

[@m4rvinmartian]

They have no right to detain you while walking, in a non stop and identify state, if they have no Reasonable Articulable Suspicion that you have committed a crime, or are about to commit a crime.

[@goodcitizen3780]

@@m4rvinmartian They have no right to detain you anywhere, for any reason, barring RAS. There is no such thing as a stop and ID state beyond the colloquialism. There are states which require you to have been arrested and those which require only that you be detained.

[@GalaxyFluke]

I’ve never heard of this

[@jefffaulkner2875]

I live in the Midwest and they tried the D.U.I checkpoint thing here, and they noticed that everybody had guns in the car. They pretty much said the hell with it.

[@cameronmoore136]

If you should leave the moment you are free to leave, when and how should you get some form of contact or incident report?

[@alexm7777]

Foia request

[@hotchow8766]

Quality content, Mr. Flusche. Thank you.

[@nataliegrn17]

Jesse (the last person) got lucky. Great video!

[@mushroombird9400]

Can you do a video about how to go through customs at the Detroit / Windsor bridge please?