Ep.

[@TheC2bj]

You can break the window if you have have asked them to exit the vehicle and they refuse. You can’t just break the window because he didn’t roll it down.

[@wdtaut5650]

1:29 Is there any case law on that?

[@juntzbrandon9973]

@@wdtaut5650 Probably Mimms, which gives us the authority to order people in and out of cars during a stop. Or whatever your delay statute is in your state. Generally if we have the authority to do something, if people don't comply we can use force for the legitimate law enforcement purpose. Just have to ask, is juice worth the squeeze.

[@wdtaut5650]

@@juntzbrandon9973 The question was whether cops can legally break a widow just because it isn't open and the cop wants it open. Being compelled to exit the vehicle is a completely different question.

[@BluetoGold]

You are correct the title could be a lot clearer. This about exiting not rolling a window down.

[@TroyJScott]

Just roll the window down enough to hear the cop and pass your papers to him.

[@BluetoGold]

Ok…. Or just be a regular person and just talk to the officer and not make things more complicated

[@TroyJScott]

@@BluetoGold Agreed. Just let the cop know you don’t feel like chatting. I’m sure they will understand and not push the issue.

[@noxapalooza6756]

@@BluetoGold why would I ever talk to an armed state agent in any capacity?

[@ned6938]

​@TroyJScott your funny.

[@Nonsensenoalph]

@@BluetoGold and give them information to keep the stop prolonged. They are asking questions to get you to unintentionally give them enough probable cause to remove you from the car and escalate it into an arrest

[@JD-rp3ob]

They refused to get out. I'd order them out. If they refused, hit them up on an obstruction charge. They refuse then, you need to do what is necessary to effect the arrest (ie: breaking the window).

[@830GOATStudios]

During a traffic stop if the driver rolls down the window only enough to communicate with the officer and pass the required information to them. Is it a lawful order for an officer to demand the driver to roll the window all the way down?

[@BluetoGold]

No. There is no requirement that drivers roll their window all the way down. Instead, if the officer has legitimate concerns then they should order the driver out of the vehicle per Penn. v. Mimms. Anthony

[@830GOATStudios]

Good to know. Thank you for all that you do Anthony.

[@TrollinOn22s]

I'm here after Tyreek Hill refused to roll down his window during a traffic stop.

[@HamSammichMaker3000]

This happened in my department. One of our guys pulled a guy over for suspicion of DUI. Dude had family members including kids in the car. He rolled his windows up and refused to answer anymore questions. After speaking with his Sgt, members of command staff told him to "leave it alone. Let him go." He let the driver leave aand ended up writing a warrant for the driver later

[@freak1sees714]

Officer must be able to demonstrate REASONABLE ARTICULABLE SUSPICION in a court of law for him to have jurisdiction or ANY AUTHORITY.

[@andrisimusmaximus5803]

​@@freak1sees714learn the law dumb dumb.

[@greenmonkey7305]

@@freak1sees714 Your comment in response to his comment or above has absolutely no relevance whatsoever ever to the conversation. It appears you’re attempting to sound like some scholar in constitutional law yet doesn’t know what all of those big words mean.

[@francesthieme3943]

Wrote a warrant later for what? Really this makes no sense regarding an alleged DUI stop. You let him go from the stop..

[@mishazubovnik3070]

Sounds like retaliation. He was released from the stop.

[@gilbertgarcia2418]

Just as previous commentor said. I will lock doors and roll down my window enough to conduct the traffic stop. Haven't seen any statutes indicating otherwise. Firstly, I do so for my physical protection because I don't know if the officer is an animal. Secondly to minimize the often used ploy of smelling "something" or "you look drunk". So can the officer break my window where Mimmes is always available?

[@andrisimusmaximus5803]

Your mom was an animal last night.

[@Ginger-g8j]

You’re exactly right I do the same thing the reason I don’t roll the window all the way down only enough to pass the documents through is because I don’t want that piece of shit officer reaching and grabbing me.

[@ThinBlueLine911]

Mimms absolutely applies here. it applies on every traffic stop

[@DRAONWEED]

Forced action against their property is a 4th amendment violation, without prior probable cause for entry into said vehicle {RAS & exigency} are both equal here. If an officer has RAS of use of controlled substance in a vehicle, that vehicle is now a crime scene & exigency is in play.

[@papatutti59]

This Law Enforcement Training guy doesn’t seem to know much about the Law.

[@smilestheemo3365]

Once it's clear that they're not going to roll the window down the officer will order them to step out of the car. If they continue to refuse then they are resisting. What more articulatable suspicion do you need?

[@AngryVet1143]

A minor crime? How about calling it a non-crime? Smash out my window? Yeah, try that. Give a hefty citation to? I'll back you all the way, dude.

[@cccooper5688]

If there is a Threat, Probable cause of a CRIME. There is a victim. Reasonable ARTICULABLE SUSPICION OF A CRIME. Not some road pirates ego, feelings, or unreasonable desire to have the window down. Lastly, INNOCENT UNTIL PROVEN GUILTY.

[@ThinBlueLine911]

is this even English?

[@freedomchannel3656]

I think after watching numerous Blue to Gold training Videos its No wonder there is a severe disconnect between law enforcement and Society. And it all stems from there training combined with Tyrannical laws, not to mention the fact that speaking with an officers in the Street very few can you could even tell what the Constitution of the United States of America is or Stands for. With that said Blue to Gold on occasion remind its Trainees of the Constitution they also educate there Viewers to walk a fine line infringing on Rights to get what they want out of Suspects. With that said any pile of 💩 that busts out the window of a car over the Smell of Burnt Cannabis is not out Protecting and Serving and is completely wasting tax payers money instead of focusing his or her time catching Real Criminals and instead jacking up Citizens over petty Stuff. And honestly who would want to roll the window down for cop to begin with this day and age? You already know you're going to get some Nazi with sensitive feelings and a Complex of how Special he is and how you best respect his authority as he Sh*ts all over your Rights.

[@greenmonkey7305]

Texas Prosecutor here🙋‍♂️ Actually no, the disconnect between law enforcement and the public is at the fault of the public. prime example is your rant you just went on based off of opinion and feelings which is clearly evident in which you typed as it was feeling . You are just a tax paying citizen that works for a living and is untrained in law-enforcement. Law-enforcement are tax paying citizens that are ALSO trained in law enforcement. In all my years is a prosecutor which is nearly 2 decades ive overseen 20,000+ cases that have come across my desk from over 1100 law-enforcement officers and in that time I’ve only cringed about 20 times on officers cases with something they did. The other 19,980 times I cringed at the defendant of the public that I was reviewing to begin with. Your complaining on the basis of busting out of window over the smell of cannabis reinforces the notion that you’re not accountable figuring that weed is still illegal at a federal level and is still illegal at many states levels. Your cooperation or incorporation while breaking the law will dictate whether or not your Window gets busted out. Last but not least………the so called “constitution” you mentioned. I have a fourth grade level constitutional attitude exam that we issue to the public when I teach the seminars at LSU law every fall and less than 8% of the public can pass this. I have 440 questions over the first amendment alone that if I were to give you in its entirety is an absolute fact you would not be able to pass. There is a hell of a lot more to the constitution than “what does the first amendment say”. if we have 440 questions over the first amendment alone wouldn’t you assume that the constitution is a hell of a lot more in depth than what you even perceive it as? Proof and example of this is the fact that 97.4% of all entries into homes by police are warrantless. Warrants are not needed to enter homes nor have they ever been needed as there are exceptions to a warrant. If I put you on the spot right now you would not be able to give me these for exceptions if challenged. THIS is what I am talking about. No disrespect but you haven’t the slightest clues to what you’re talking about. Of course youre a member of the public so naturally you wouldn’t know what you’re talking about 🤷‍♂️

[@greenmonkey7305]

Last but at least this works very easily, if you’ve been stopped there’s a radically high percentage chance that it’s a PC stop. That means that you gave Police a reason to stop you to begin with which started with a violation of law. If you want to play the idiot window game whether it gets busted or not you will just be arrested on traffic be done with. Yes that is legal and no you will not have defense to the arrest.

[@freedomchannel3656]

@@greenmonkey7305 It is somewhat Funny how you boast in all of your recent Comments that you are a Texas Prosecutor as well as an Educated LSU Teacher 😁. Usually persons that feel the need to tell random people on the Internet how Smart or educated they are typically quite the opposite. No disrespect when I say this But attempting to break down your rant equates to mostly gibberish. I am sure most of the 20,000 + people you participated in doing in we're Good People, most of the Petty laws you helped enforce against citizens that probably completely changed their lives for the worst. Our prisons for profit are filled with them. Once in awhile I bet you actually got your hands on real Criminal that committed heinous Crimes and in your excessively educated mind its all justified and helps to proclaim yourself a "Good Guy" I personally would not you're karma walking through this life but I do agree with you on the public needs to educate themselves against Tyrannical law enforcement and their Rights as Citizen because at the rates of incarceration in this Country it will not be long until every American Citizen is Deemed a Criminal and you and all your so called "Good Guys" will be a minority. Anyways thank you for your reply.

[@jsedbe0624]

When so many officers in Texas don’t know the basics of Brown v. Texas and the mechanics of penal code 38.02, that is not on the citizens. That is on LAW ENFORCEMENT.

[@Rashnak66]

@@greenmonkey7305 "You are just a tax paying citizen that works for a living and is untrained in law-enforcement" you sir, are the problem. You work for the citizens, not the other way round. 'just a tax paying'.... JUST???? really??? Those taxes pay your salary. You have seperated yourself from the citizens you are supposed to serve and think they are beneath you.

[@mrmyth5846]

It could have been legal Hemp. It smells the same. The thing cops need to focus on is if the driver is driving erratically. If cops smell weed, let it go unless they witness erratic driving. Why escalate the situation? And let’s get real here. If I were a cop, the last thing I’d be doing is putting my life, or somebody else’s life on the line over smelling a God given plant. Choose your battles. Weed is not worth losing your life or taking a life over. And if it turns out to be legal Hemp you risk your career over a plant. Let it go.

[@jonjonmojon]

I have a question that came up recently. Does it constitute a search to touch the hood or grille of a vehicle to see if it is warm.

[@BluetoGold]

This video should answer your question kzbin.info/www/bejne/qaOrZZ6oZsajbqM

[@HOUSTONAARON-w8m]

Do you have to roll down your rear windows if asked? There are no passengers, and the driver window is all the way down.

[@CD-hc5ds]

I dont even like cop's but i would have to say, yes. Theres a difference between practicing your rights & expecting a cop to respect those rights. And then there's just stupidity!

[@donlowry6469]

This is why many people only open their window far enough to pass documents and hear. Far too often, officers fasley claim to smell something. Since not rolling the window, more is not illegal, so it shouldn't be reasonable to assume they are armed or dangerous Mims does not apply. Them recording should be a clue that they know they have nothing in the car thier because their video will show it. Complete the purpose of the stop and stop fishing for something that probably isn't there.

[@smilestheemo3365]

If the officer "fasley claimed to smell something" then one would assume that they would be unable to find any marijuana in the vehicle if they searched it. Pretty hard to say that an officers claim of smelling marijuana in the vehicle was "fasle" when there was in fact marijuana in the vehicle, which any reasonable person would infer had produced the smell.

[@donlowry6469]

@@smilestheemo3365 He would just claim you had smoked it all.

[@smilestheemo3365]

@@donlowry6469 Too bad for your narrative that having done drugs in the past isn't a crime. One would also assume that if you had just smoked a large amount of marijuana inside of your vehicle immediately before being pulled over there would be some residue or paraphernalia remaining, which the officer would likely find if he searched.

[@RobertMarshall-d2n]

I have an issue with the police being allowed to lie to citizens, that leads to other questionable behavior. so breaking a window then claiming the office smelled pot is a short step to more serious violations of citizens rights. same goes for drug dogs, too easy for the handler to subtlety signal the dog to hit. if you don't have enough evidence to get a warrant then you don't have probably cause to detain the citizen during a stop to call for a drug dog to begin with.

[@greenmonkey7305]

You seem to just have an overall issue with police to begin with from what you’ve written. You went from “way over there” to “back over here” in just one paragraph. Just grow up, act like an adult and pay your taxes. If you did any of that then you would worry the slightest about what police do to begin with.

[@nathandennis8078]

If you make a lawful traffic stop as an officer are you allowed to ask someone to step out of the vehicle for your safety or do you have to have reasonable suspicion/probable cause not related to the traffic stop itself to ask someone to step out of the car. Like for example if I pull them over and I walk up to their car and ask them to step out the car for my safety to perform the traffic stop is that legal?

[@BluetoGold]

Yes, officers may direct any occupant out during a traffic stop. See Penn v. Mimms and Maryland v. Wilson. Anthony

[@bradkellar5656]

Since you do such a great job always, I'll forgive you 😁. Thanks Anthony! Since then, the head prosecutor said he was fine with it. I'm still waiting on the case law the other prosecutor was thinking of.

[@BluetoGold]

Welcome Brother, till next time!

[@megamikkila]

Teach officers to #1 STOP ASKIBG QUESTIONS - we do not want to have a consensual conversation. #2 stop infringing on rights. GIVE ME YOUR ID so I can see where YOU and your family live. Jokers!

[@Grrrnthumb]

Perhaps it would be easier for the prosecutor to understand if you inform the driver thru the glass before you break it that he is under arrest for secondary offense related to his failure to comply with a lawful command (obstruction, failure to identify, etc.), then it becomes much harder for a prosecutor to imagine letting an arrested perp dictate whether he feels like coming into custody or not, as opposed to a Terry type stop where you are requiring them to exit for officer safety and to investigate further, and where they maintain more rights.

[@JoshuaPruitt-w4j]

Of course the prosecutor is ok with it, you and every other law enforcement officer gets away with breaking the law everyday. It's called qualified immunity and I think congress should vote to take that away then all law enforcement will be forced to deal with the consequences of their actions. Its not right that law enforcement have a get out of jail free card that never expires and civilians don't get the same right just because they are ignorant of the law. Lord knows that's the go to for officer's that are being questioned for something they did wrong. All the officers say the same I DON'T KNOW OR I AM NOT SURE OF THE LAW. OR THAT IS HOW I WAS TRAINED. Which everyone knows is a cop-out because to do their job they should know the law and if not the police and the academy should be held responsible and I strongly believe an officer should have a college degree in criminal justice to be given a badge and a gun not a few weeks of training and a congratulations you are now a police officer.

[@JoshuaPruitt-w4j]

The officer that broke the window out should be held responsible and on charges of B&E, vandalism, and assault for putting hands on a civilian that did not commit a criminal violation which is a felony or a misdemeanor

[@SaxSpy]

cops think they can play simon says and they can use force if you dont play along

[@wdtaut5650]

1:29 "...if you have any case law on this." So typical. He is saying it's OK for cops to do anything they want if they have not been specifically prohibited by a court case.

[@BluetoGold]

No, he is saying cops have a right to have you exit the vehicle and if you refuse they have the option of using reasonable force to remove you. You can't just lock yourself in the car and not expect a response.

[@Ginger-g8j]

So my safety is irrelevant is what you’re telling me. The only person who safety is relevant in a traffic stop is the safety of the officer. I guess we should just give up all her rides and perhaps drive naked and make the cop feel really safe

[@ChristyBachman]

⁠@@Ginger-g8j so lets say your mom gets murdered and the killer gets in the car to go to kill her he gets pulled over and he seems suspicious so the officer tells the man to step out but by your logic you think its not right for the officer to break the window because why again? For the drivers safety right? So the cop just leaves because the man wont get out of the vehicle and later you find out that he was stopped by the cops but refused to get out so they left!? I guarantee your on the news that night complaining about how its the cops fault and if they would have just got him out of the car they would have found the evidence of his impending crime and stopped the whole thing?! Your not using your brain geez.

[@rinzzlersoriano4524]

And that right there is the problem with this world! You gave a random crazy scenario that doesn’t happen TOO OFTEN that most likely will plays with peoples emotions, and you made it the base line for any stop. We will all be in damn near tyrannical camps in the name of safety with thoughts like that. That’s called fear brother and fear is what makes this world harder to move in. And of course you will only say “well even if it’s 1/100 scenario we can’t take a chance , 1 is too many”. It’s people like you that give these gangs so much power. FYI innocent people get hurt because of some dumb ass scenario you let lead your decision making. Because you forget one thing, these cops are people too, not gods. They will eventually abuse that power and become the thing you already fear. Kidnappers and murders.

[@ToifFlan]

No, the absence of case law means it's legally undetermined. A new ruling could go against an officer using the technique.

[@EmperorPilaf04]

The first question is why do you need to get in the vehicle? There are a million ways to interact with drivers that don't involve destruction of property by hot-headed cops on a power trip. Just be polite, courteous, and respectful to people and they'll gladly comply 90% of the time. Sounds like you're just looking for excuses to go on fishing expeditions because doing REAL police work is too hard.

[@JoshuaPruitt-w4j]

You are supporting the largest gang in America because there are more laws broken and innocent people killed everyday by law enforcement and they are ignorant on their job and they begin to become feelings enforcement and they give orders thinking they are lawful orders when they are not lawful orders then they get butt hurt and continue to break the law. If it is your job to train law enforcement. You need to do a better job and train them on the law that requires written test over years not weeks before they receive a gun and a badge. All law enforcement think they are above the law and they actually are because they have qualified immunity which grants them a get out of jail free card that never expires so they never have to be held responsible for their illegal actions and that needs to be taken away then and only then law enforcement will do their job and not break the law. Every time a cop is off duty and they get pulled over for breaking the law they just say these magic words ( I AM A POLICE OFFICER ) guess what happens next? Fine I will just give you the answer ( OKAY SORRY FOR THE INCONVENIENCE AND HAVE A GREAT DAY ) even if the off duty officer is drinking and driving they get them home and no charges are filed. How is it right that police get away with breaking the law from assault to murder???? I will be waiting on your reply, have a great day.🙂

[@kirtbeach2635]

Keep up the good work Anthony, we need to catch up when you make it back my way.

[@jordangouveia1863]

Put a Denver boot on the car and wait.

[@ShenandoahShelty]

So many drivers don't know that a police officer can ask you to exit your vehicle for their safety during a traffic stop, and so many police officers do this for everything but their own safety at a traffic stop. 🙂 I always want to look at an officer breaking a vehicle window through the lens of excessive force. If things move slowly, explanations given, a stab at de-escalation is made. The medicine goes down easy. When I see the stop is petty or pretextual, when the leap to a threat of breaking the window is almost immediate, when the officer shows anger or frustration at immediate non-compliance, when after the window is broken and the officer(s) grab the driver like the secret service would grab the president during a drive-by, when the startled driver, acts startled, and the officers scream ...stop resisting... as the driver hits the ground. I get a little antsy. I do enjoy these videos, even if sometimes the view is from the wrong side of the looking glass.

[@bleebu5448]

Just hold some funyuns up, they'll get out. Patience is a virtue.

[@wdtaut5650]

On the other hand, if there are doughnuts in the car, it's OK to break in.

[@erickanuho4996]

This happened to me. I was pulled over following picking up my partner whom ranked of weed. I assumed the officer would greet me on passenger side and i rolled down the passenger window. But, partially had my driver window ajar enough to communicate with the officer. Officer automatically got angry that i would roll window down completely. It was a pretextual stop as then officers were randomly pulling people over looking for DUis. The officer on passenger side immediately reached in my car and unlocked my car door. I immediately responded with “hey you cant reach into my car without resonable suspicion. So, I immediately locked it back and the officer said “i am gng to arrest you for resisting arrest”. I said what am i being arrested for and why did you pull me over? Officer responded you you were driving fast when entering such and such area. Which i was not. Be in mind i didnt know which officer was incharge of stop. So, it was confusing. So, i had my registration and license ready to give to officer but, was never requested. So, officer reached in car again and unlocked my car door and they simultaneously reacted and pulled me out. I was never given an opportunity to respond to commands cause commands were coming in differently from both sides of the car at i got arrested for failure to comply to a lawful order and resisting arrest. This happen in payson AZ.

[@BirdDogey1]

What did you think the outcome of your decisions was going to be? You had the officer at your window instructing you to roll it down per your own statement. That is what you should have done. Weed in legal in AZ so your buddy can smell like weed all day long. You aren't going to get arrested for that. Instead, you chose a different path that got you arrested.

[@noxapalooza6756]

@@BirdDogey1 bootlicker

[@Rashnak66]

@@BirdDogey1 "You had the officer at your window instructing you to roll it down per your own statement. " that's not a legal order.

[@BirdDogey1]

@@Rashnak66 Step out of the car is always a legal order. Which would you prefer?

[@Rashnak66]

@@BirdDogey1 "Step out of the car is always a legal order. " thats correct 'step out of the car' is legal, , but 'ROLL DOWN THE WINDOW!!!!' is not a legal order. Sounds like a corrupt cop that goes from an unlawful order to a lawful retailiation 'GET OUT OF THE CAR!!!" either way, bad things are about to happen. Why would those bad things be the fault of the driver for refusing an unlawful order? Its the cop who escalated in the first place, not the driver.

[@davidalen2590]

I would be interested if there were NO indications of DUI. That would seem to be much more grey area...?

[@Ginger-g8j]

First of all they’re always going to lie and claim they felt you were under the influence because they saw you weaving or turn signal or you weren’t staying steady in the lane which is all bull crap there’s only one thing you need to remember when you’re interacting with a law enforcement agent is that they are liars the Supreme Court has said they can lie and so they lie all the time do not trust them they are not your friend do not talk to them but with lawyers like this giving me advice and help make the rules for law enforcement it is no wonder that we are losing more and more of our own bodily autonomy and our rights in this country. They have already taken the right of a woman to have bodily autonomy we are no longer in control of our own bodies everybody wants to crawl up in our vaginas and see what’s going on for some reason they just don’t think that we should be safe in her own bodies. They came for me they’re gonna come for you

[@airdreams1]

Okay let's answer this question ..... cop pulls you over and says roll down your window. Know your window is broken and will not roll down. You tell them to go to the other side. Can they legally break your window out? Or can they demand you to get out of the car? My immediate answer and thought is no. They have no legal right to damage your personal property. That is at bare minimum a misdemeanor against the officer. And technically you could go as far as a felony charge depending on the amount of damage he does to your vehicle. So again I want to know what's the legalities of this situation. And if they are legally allowed to try and rip you from vehicle, I want to know why. What is the justification. I'm talking a normal everyday traffic stopped not because they think they smell marijuana or want to fly and claim that they do. I'm talking something stupid like you know maybe you accidentally crossed the line or forgot to signal soon enough, had a brake light out, a couple of miles an hour over the speed limit, something stupid like that......

[@greenmonkey7305]

They cannot aimlessly break your window if there is an actual reason why you cannot roll it down. However you will exit the vehicle as a driver under Pennsylvania v Mimms. If you’re a passenger you will exit under Maryland v Wilson. And no, there does not need to be any reason for ANY person in that car ordered to exit.

[@ronspeth7095]

Never roll down any other windows. Not the law.

[@greenmonkey7305]

Then the windows will be broken and you will go to jail on both traffic charges and possible other charges like everyone else.

[@Nonsensenoalph]

Your right about not opening any other windows even if the ask or tell you to. Because as soon as you do the cop will say he smells this or that which then gives him probable cause to remove you and search it. You are only required to open one window enough to communicate with the officer conducting the traffic stop. That's a quote from a lawyer.

[@frankbeardsley2941]

Then you'll lose your qualified immunity and your job.

[@Nonsensenoalph]

@@greenmonkey7305 then you suit and end up with a nice nest egg to help retire with. They can't force you to open any window more than needed to communicate and exchange documents. You can say the same thing they say. I feel threatened for my safety also. I want to speak to your supervisor. Having copies of the statue from the federal intrastate laws and regulations book and a couple hard copies of the Constitution where you can hand the officer a copy and tell him he or she can keep that one. And you should learn it yourself so they realize this isn't the average ignorant citizen that deal with everyday and will think twice about what they do next

[@eatsnopaste]

If the odor is that strong, why not get a dog to confirm it, then you would have even more of a reason to remove them. Too many videos on here showing cops breaking window because they couldn't get ID's for no valid reason.

[@papatutti59]

Having the odor of marijuana on you is not a crime. Many States legalize marijuana.

[@williamcollins4082]

I'm going aginst you here. And say only upon a proven felony can "excessive force" be used to extricate a person !!! Your telling them to abandon their "investigation" and go strait to "arrest" and "confinement" of a suspect ... Simply for following their "Rights" and choosing not to comunicate with an officer... Pretty sure that with your advise the impound lots will be full of cars with broken and expensive windows !!! It is your "Right" to "Not" talk your way into a ticket !!! Police are not your friends !!! Their there to make revenue for the city an state far more than uphold the law !!! You are not "Required" to "Answer Questions" !!! Rember Mirandas "Right to remain Silent" ???

[@smilestheemo3365]

You could have prevented typing that entire comment if you had just read the word "excessive"

[@VineV-Dutch]

It's not about what you believe! It's about what the jury thinks. And it's different from state to state. What you just did: is saying police can use force against a person. Because YOU think breaking a window is using force to a vehicle... Many juries and judges disagree: glass shattering into the drivers eyes, or passengers, maybe there's s child in the back seat which you didn't see because of tinted rear windows. The glass goes everywhere when you shatter it. And for what? You learn blue to escalate immediately here! Instead of DE-ESCALATION! you're the reason public don't trust blue! You teach blue the won't things! You're a horrible person and you shouldn't be allowed to teach any law enforcement anymore. You're a disgrace to the standards of law enforcement academies. Maybe you started your business because you got fired at a law enforcement training facility!?

[@STLHUSTLE314]

Spot on and well spoken, he giving the green light to knock windows out over simple traffic stops all because someone in they feelings over a window let down some inches

[@isidoreaerys8745]

Right. Absolutely Ghoulish behavior. These are the kind of people who are the source of all the rotten apples. They are cheering on unconstitutional behavior and a mindset that dehumanizes citizens and increases the harm caused by this “profession”.

[@ThinBlueLine911]

jesus christ. did you even watch the entire video. at some point de-escalation is not working. like he said, what are we just gonna wait there for 48 hours because you refused to roll down your windows. if the cop asks you to exit your vehicle, you must exit. The supreme court has already ruled on this. That is existing case law. you don't have a choice. and by not complying, it becomes a crime. why is it so hard to comply? roll down the window and give the documents you are required to give by law. if you want to remain silent, then remain silent, that is your right. but you don't have the right now to do certain things on a traffic stop. This hard, tough guy facade people put on nowadays is getting old. the majority of people out there that get ticketed or arrested, talk themselves into it because of b.s. they have seen on the internet.

[@michaelgillett5744]

Training tyrants to be tyrants. To bad you don't train cops to honor our rights or the constitution.

[@revolcane]

Found the SovCit

[@barrykenyon4084]

I certainly hope no police officer is taking any of your advice!! If they do, they are opening them-selves and their department up to federal litigation. Where in the hell did you get your law degree!?!

[@BluetoGold]

Curious what your objection is? If a driver will not exit the vehicle and just wants to sit there and not cooperate, what do you think cops should do?

[@barrykenyon4084]

You did NOT answer my question. Where did you get your law degree from??@@BluetoGold

[@greenmonkey7305]

@@barrykenyon4084 I believe the more important question is where did YOU get your law degree from ?. Because mine came from LSU. 🙋‍♂️ Texas Prosecutor here. Pennsylvania v Mimms states that you WILL get out of a vehicle when ordered by police during a lawful traffic detention (Maryland v Wilson is for passengers) and there does not need to be a reason for that order other than the traffic detention alone. There does not need to be a reason first this nor do police have to articulate your removal. A traffic stop in itself is a detention which is by definition “an arrest”. You are seized at that moment. Supreme Court ruled under both Mimms and Wilson that your exit of the vehicle is no further of an invasive action than the nature of the stop itself. And at least under Texas law by you refusing to get out in order to you’re now Interference with Public Duties. If I recall 47 other states statutes revolving around interference stems from you refusing to exit the vehicle as well. There are only two states you can pull this off and I do not remember which ones they are. They could be both Rhode Island in Delaware I’m not sure. When this occurs as much force as necessary needed to effect an arrest will be carried out and if your window must be busted then so be it. In fact…….. I believe about 14 years ago right when I came here to this DA’s office this exact situation brewed up on a traffic stop with an agency nearby where they actually shot and killed the driver. This occurred because the entire situation escalated to that point. The officer was no billed within about 30 minutes and was not charged, obviously under the circumstances. I’m telling you the way that it is and the way it’s going to be whether you like it or not……… if you’re ordered to get out of the vehicle you’re going to do it and this will be carried out up until the point of deadly force being utilized if push comes to shove. There’s your answer. And again this is whether you like it or not. I’m just telling you the way it is 🤷‍♂️

[@greenmonkey7305]

@@BluetoGold i’ve always been intrigued by the general public with the aimless comments that they make backed by no opinion backed by any actual knowledge.

[@JoshuaPruitt-w4j]

I agree with you 💯 %

[@joemaloy5365]

From my understanding is vehicle is under castle domain, you brake the window you enter the house illegally.

[@greenmonkey7305]

That is absolutely false. Aside from any mobility exception your vehicle only regarded as an extension of your home in very…..VERY few circumstances. What you’re referring to is not the case. If you are lawfully stopped then you are seized at that moment. A seizure is a detention and by definition a seizure is an arrest. Your lawful seizure with non compliance associated with it negates your freedom to just remain inside the vehicle with non compliance.

[@Nonsensenoalph]

Isn't your vehicle an extension of your home and don't they need a warrant to break your door in ?

[@greenmonkey7305]

No. There is no SCOTUS ruling that utters any such verbiage what so ever. And no your vehicle is NOT an extension of your home but to only just a few factors surrounding a vehicle.

[@Byronwi]

@@greenmonkey7305 bullshit it is your domain

[@darrellmendiola3495]

Great video as always. Thank you Anthony 🙂

[@BluetoGold]

Welcome Darrell, appreciate the feedback

[@kieranmorley2833]

They definitely can last year I witnessed a heroin overdose in a car and called the police where the driver rolled down the road passed out and smashed into multiple cars before ending up slamming into the rear end of a Mercedes which luckily stopped it since this was right before a main road. I witnessed everything and the cop just had to baton his window. Needless to say, the road was blocked off and they administered narcan to him before taking him to the hospital and charging him with a dui and arrest

[@thenatural1759]

What about breaking the window when you haven't asked them out, but they roll the window down enough to talk, be heard, pass through documentation and sign citations, but just refuse to roll it down all the way?

[@wdtaut5650]

At 1:29, he says if there is no case law the cops can destroy your property at will. Any excuse will do.

[@danle3181]

@@wdtaut5650 Remember he's a cop lawyer. He will always plead in favor of the cops and find excuses for them to violate your rights or to make you believe that you are wrong when they are !

[@MrWebster]

Watching traffic stops on KZbin the roll down you window command is basically a power play by the cop to achieve dominance--nothing to do with tinted windows or officer safety. Just a power play. Some defense lawyers claim there is no law that requires a person to fully lower their window to speak to a cop. One traffic lawyer said to just roll down the window to avoid hassles. But I figure if the first thing a cop does is bark out an order to completely roll down an untinted window, he is looking for any reason with or without cause to fck with you leading to a possible arrest. Roll the window down, get out of the car if ordered, and assert you are using your amendment rights to remain silent. And oh film if you can.

[@papatutti59]

I got tinted windows. I was crossing the State line and was asked to roll my back windows down. I rolled the windows down and rolled them right back up. State officials was pissed off I didn’t leave them down. I could care less about his feelings. They stayed up.

[@geekers3005]

So if the driver does not have to participate in your investigation and he/ she provides required docs, what is the basis for demanding the window be put down? Officer safety? That reason is tired. Over used, worn out.

[@ihustleforit]

well penn vs mimms says they can do that, basically for any reason.

[@ned6938]

@ihustleforit no it doesn't say that. To order a driver out of the vehicle there has to be a legitimate safety concern. The problem is that cops and the courts have abused Penn. V Mimms so much that they think it can be for any reason. Or no reason at all.

[@ihustleforit]

@@ned6938 not true at all. Plenty officers tell drivers to get out on every single stop. Do a little research....A cop can make you exit the vehicle for their safety, period. Ive linked sevral lawyers saying this, the law itself and plenty videos of cops doing just that.

[@ihustleforit]

@@ned6938 btw when Penn vs Mimms they didnt make him get out for safety. After he was already out he had a gun on him and they found it which is why they can remove you.

[@ihustleforit]

@@ned6938 kzbin.info/www/bejne/amLPapp6hpp0d5Ysi=vH3FsMAQwvakAJT3

[@Hisoka10x]

👍🏻

[@EmperorPilaf04]

Did you really just say that breaking someone's window and dragging them from their car is a DE-ESCALATION tactic?! Wooooow

[@BluetoGold]

That is not at all what he said, listen again. He said slow things down and use good judgment. But if a person refuses to exit the vehicle forcibly pulling them out is an option.

[@rightswatch7370]

Really? Munchies? Why would you need to damage a citizens property because you 'suspect' a 'potential' DUI? No, you cannot break a citizen's window unless you have reason to believe THAT individual is impaired. Smelling burnt marijuana does not mean that individual is impaired. Was there a passenger? Is it possible they borrowed their friends jacket? Sorry, but burnt marijuana smell does not equal impairment, law enforcement needs to understand that they cannot exceed their authority. I know the tendency is to believe guilt, but the presumption of innocence until proven guilty is a real thing. Continue your investigation, by all means, but your investigatory rights do not include breaking a window or violating a citizen's rights to investigate. Nice try though.

[@rightswatch7370]

Interesting. I got an alert that Caleb Nielson replied to this with "Show us where it says the cops can't. Anthony explained it very well why we can. However, he also said if you can provide a case law that says your can't then by all means please show us...". I'm assuming this comment was deleted or not approved because it doesn't show up on the actual thread. I'm going to assume you are law enforcement just from the attitude. The better question is why should you? It's not about why you can't. Why would you? Why assume guilt? That is the problem, sorry you don't get it Caleb. It shouldn't be you vs. us. You have taken on a servant role. Serve. It's not about going after people, it's about serving people.

[@830GOATStudios]

@Kool Kid420 “whatever they want” is done for officer safety bro

[@papatutti59]

The smell of marijuana should never be a major factor in determining whether a person is DUI. Many States legalize marijuana. You can possess marijuana without being impaired.