LAWYER: Can Cops Do What They Want For "Officer Safety?"

[@brettstarks1846]

Any time I hear “officer safety,” I immediately think of Uvalde, and then I don’t give a F about the former.

[@RevoRob007]

Absolutely. "Officer safety" equates to officer cowardice. We saw plenty of that at Uvalde.

[@thehimself4056]

Florida as well. Stood outside the back door listening to the shots. lol.

[@JonDoe-t4w]

What happened with the investigation into the teacher that left the door unlocked? Day one interviews were saying a teacher left the door unlocked?

[@alastermyst]

Ah yes, Uvalde. The case where for about an hour hundreds of cops set up barricades and protect a school shooter and actively stopped citizens who tried to go in to save the kids, and yet none of the cops were criminally charged for their action aiding and abetting a school shooter.

[@JonDoe-t4w]

@@alastermyst a simple locked door would've stopped the entire shooting. Blame the school for not protecting the kids.

[@laurabenevelli6783]

This is also why they don’t want anyone with a phone video camera anywhere NEAR the search. They don’t want another person’s video evidence proving they weren’t sure immediately.

[@mclome22]

You nailed it

[@TrevorMom]

They don't want to be filmed PLANTING evidence.

[@WingmanSR]

End "Qualified Immunity". You should be able to sue a police officer personally; not "the city", not "the county", not "the state" but Officer McPolice badge number 12345. You should be able to sue him/her for THEIR money, separate from any tax money.

[@BlaspheBeast]

This is the key that will change attitudes. Cops are cowards hiding behind the state. That job isn't for cowards.

[@thedarkone5049]

That would certainly reduce the amount of asshole cops

[@thomasspringer5187]

Can't sue bugs bunny, but you can sue the man that created bugs bunny.

[@anitahoffman5927]

Garnish his pension.

[@guycoburn1633]

One key issue is that the Officer may not be collectable. For example, in Florida, the wages of a "head of family" are exempt from garnishment, and pensions are exempt from claims of creditors. Plus, if the officer is married, all of his/her assets may be held as "tenants by the entireties" and therefore exempt from the claims of a creditor of one of the spouses. So, you may be able to get a judgment against the officer, but you cannot collect a dime. If I really wanted to get paid, then I would rather have the state/county/city pay.

[@modernretroradio993]

Terry Vs. Ohio must be overturned. It feeds the cop-paranoia machine.

[@eilenekellogg-ki2br]

Your right their always murdering someone over a phone, thinking it's a weapon.

[@lgDukeCity5018]

Mimms v PA also needs to go.

[@markmarion9887]

I'm thinking Skinner v Oklahoma should be overturned as well.

[@MiJaHa]

Don't they have to show probable cause that we have commited, or are in the commission of a crime?

[@modernretroradio993]

@@MiJaHa Cops are required to justify that a motorist, whose freedom to travel gets hindered during a thing called a traffic stop, is possibly armed. That legal standard gets abused a lot by cops -- thanks to Terry vs. Ohio. Cops are trained to be paranoid bullies.

[@obijuan-]

FLASH: We DIDN’T hire you to protect YOURSELF from the PUBLIC. NOW we are trying to hire people to protect us from YOU.

[@DonaldWheelis-xb1lu]

Police have no duty to protect the public. That is actually not a part of their job.

[@Steve-cm2hv]

​@@DonaldWheelis-xb1luif there's no duty to protect the people then why do we need them?

[@CircleOfMagicBriar]

@@Steve-cm2hv their job is to protect property.

[@dorisbove2210]

​@@CircleOfMagicBriarwhat the hell are you talking about, they arrest people including people falsely for harm to people.

[@dorisbove2210]

​@@Steve-cm2hvthat's what makes me laugh most about police clowns, they don't care about protecting the people so why do we need them, and I love how they are falsely arrest people for harm to people, when they don't even do anything to the people.

[@TheMaster1]

I've read the Constitution and Bill of Rights, I still haven't found officer safety in it.

[@dragonf1092]

Or qualified immunity either, which is in actuality corruption of justice.

[@tvc1848]

@ The Master1 You are correct. I have never seen the words separation of church and state in the Constitution. I have never seen anything in the Constitution that requires the police to explain the Constitution before you make a confession. I have never seen anything in the Constitution that explains what probable cause is. In fact the Constitution in many (or most) parts with only general wording and no explanation or definitions, relies on Article III, Sec. 1 and 2. Those sections says there will be one Supreme Court as the judicial authority of the United States and that authority extends to “all cases” arising under the Constitution. Of course most people that claim to support the Constitution, only support the parts that they like.

[@dragonf1092]

@@tvc1848 the supreme Court is supposed to enforce the constitution as it is written not enforce law which violates it in any way.

[@tvc1848]

@@dragonf1092 The Supreme Court doesn’t enforce anything. They interpret the Constitution as per Article III. You have the First Amendment right to publicly state your displeasure but neither you nor social media is mentioned as the authority to rule on cases.

[@dragonf1092]

@@tvc1848 supreme Court enforces the constitution of the united states of America and all legal laws which are in compliance with the constitution that is a judges job to enforce the legal law and apply the proper punishment if a citizen is found guilty by a impartial jury. A judge has no constitutional authority to say anyone is guilty or innocent that is the job of the jury. It is the supreme Courts duty to make sure lower court judges stay within the bounds of the constitution of the united states. The supreme Court is the highest court in the land.

[@dr.bruceparsons1022]

I have always enjoyed watching your videos but this one is, BY FAR, my favorite. Thank you for breaking down this important topic. Police officers tend to say, "Officer safety" like they're invoking a spell. I see video after video in which 3-5 police officers are present against one civilian. Not one officer shows a single physical sign of fear, and they all show physical signs of confidence and aggression. Not one officer shows any paralinguistic sign of fear while they are talking. They just speak the magic phrase so they can do what they want to escalate the incident.

[@josepalacios1363]

Law enforcement violate people's constitutional rights.

[@johndoe-ss9bz]

Contempt of Constitution...

[@MonkeyMind69]

Imagine if their mandate was to protect and uphold people's rights... It's not even about safety anymore either.

[@Lampwick-dz1zq]

All the time .

[@jacoblecoy3700]

Sometimes, but not always.

[@sardonic_smile_8752]

Yes. End qualified immunity

[@dr.bruceparsons1022]

Right? As the police say, if they have nothing to hide, they have nothing to worry about, right?

[@kamilegier4730]

“Officer Safety” is code for officer cowardice.

[@Groffili]

I remember hearing that term, years back, and it used to be explained as "making sure that you don't have anything on you that could accidentially hurt the officer when they were making a legal search of your person, or need to lawfully restrain you". Which is already bad enough, but still rather reasonable. By now, it has turned into the _pretext_ of searching and restraining you.

[@batistayonis1789]

😂😅 that's true

[@jacoblecoy3700]

Kam, have you ever put yourself in the line of fire?

[@mcavity]

officer safety ? if that was your number 1 concern your in the wrong job.

[@MiJaHa]

TRUE! They VOLUNTEERED for the job.

[@wadepearson9719]

Yes, they get paid to do a dangerous job and deserve respect for it until their concerns for their safety overrun my safety or rights.

[@VincentValentine33]

@@wadepearson9719 If a pig is that afraid of everyone and everything, including an acorn or a woman with stage 4 cancer, or an Epileptic having a grand mal, they need to get a job as a dishwasher at a restaurant...that way they don't have access to the public. Too many pigs enjoy abusing the public for low hanging fruit to get an arrest.

[@vivpace7049]

I think their oath says "perform without regard for personal safety"

[@bpdmf2798]

^^^ They forget/disregard the oath the moment they finish taking it.

[@Terminal1stSausage]

Always record, even if they assure to you their body cam are on. It could take months before a FOIA request to get their camera footage to be released to your lawyer.

[@davidrobertson4332]

If it does not get "accidently" erased or muted. Most people can not afford a lawyer.

[@lgDukeCity5018]

@@davidrobertson4332 Or they charge a fortune to get it.

[@ryanlukens9280]

If that footage has anything to do with current or future litigation, you won’t let you have it. You will have to get your lawyer to demand it through “discovery”.

[@RyanK-100]

Society needs to stop worrying about officer safety. We pay them to take risks. We need to relabel "law enforcement" which sounds Nazi. "Peace officers?" Take away their guns and their qualified immunity.

[@michaelgillett5744]

I'm sick of officer safety.

[@abstractapproach634]

So we're alot of families in uvalde

[@wingatebarraclough3553]

And Lakeland. And parkland. And Littleton. And and and

[@brucesmith9144]

It’s just license for them to go full hands-on with their thuggery.

[@MiJaHa]

If they're scared they go back to the station & turn their badges in.

[@marcelgaddis9319]

most officers should just stay at home for officer safety

[@abstractapproach634]

Keep hands on stirring wheel, secretly record everything, say as little as possible.

[@Lampwick-dz1zq]

Yes record everything .

[@YakubTheFather]

This is a misnomer, there are rulings that you need to actively state your taking the 5th amendment rights you have otherwise they argue it’s “confession via omission” I hate that ruling as much as you but it’s still a useful fact to know.

[@EarlSinclair97]

All I know is: the less you say during a police encounter, the less you'll be sorry about later.

[@Soloong_Gaybowzer]

One case I saw involving CJ Grisham (who's now an attorney for SDF) involved a veteran military intelligence officer being unlawfully arrested for legally open carrying along a public road. In one instance in the courtroom, the Texas law allowing "reasonable resistance against unlawful use of force" was brought up by his defense attorneys, and the prosecutor somehow had the LEGAL AUTHORITY to flat out tell the jury to ignore the statement and the state law quoted. And the judge permitted it. The prosecutor downgrading the charges multiple times after he couldn't get others to stick, and spent over $10'000 taxpayer dollars because the offending officer and the prosecutor just couldn't admit to wrongdoing and needed a conviction. The result? A $2000 fine for Mr. Grisham. This legal practice of police officers blatantly breaking the law and unlawfully assaulting citizens, and the courts trying to bury the victims in false trumped up charges, is called the "Ermis Doctrine". So named after the arresting officer. The same doctrine was used against other lawful firearm carriers in Olmos Park TX.

[@tvc1848]

Grisham was not arrested for Unlawful Carrying Weapons and the detention and arrest was lawful. Certainly it sounds better with wild claims. The Texas law was and still is that you can’t resist even an unlawful search.

[@shalako1047]

Glad I don't live in that state.

[@josephrankin6055]

@@tvc1848 That Texas law is not relevant as it's unenforceable by law. An illegal arrest and search are assault under the law.

[@josephrankin6055]

@@tvc1848 This is governed by a separate Texas law that limits your ability to defend your self and it does allow resistance.

[@tvc1848]

@@josephrankin6055 Grisham was committing a crime. Texas law is relevant. Texas law allows for the use of force to resist an arrest where the officer is using unreasonable force. It does not include resisting an unlawful arrest. Whether an arrest is unlawful will be determined later by a court.

[@Sunstar808]

Cops detain pedestrians or vehicular passengers without RAS of a crime and handcuff them in order to ID. There are so many videos showing cops illegally searching pockets or bags, without consent, for ID and I rarely see follow ups where officers are disciplined for this. Why are these searches treated as if they’re protected by qualified immunity?

[@blackman9038]

I still don’t understand my rights, but illegal immigrants seem to know🤦🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️

[@ZIGZAGBureauofInvestigation]

As the Paymaster [Tax payer] My. SAFETY ALWAYS comes FIRST

[@David-wb9vw]

Overturn Terry versus Ohio....

[@brucesmith9144]

And Mimms v. PA

[@tvc1848]

@@brucesmith9144​​⁠ Great!! Just don’t overturn PA v Mimms or Maryland v. Wilson.

[@AZTLANSOLDIER13]

They ask "do you have any weapons?" I say no. They find my pocket knife. "I thought you said no weapons". Nice try. I'm not going to call a tool a "weapon" because you want me to

[@dr.bruceparsons1022]

I'm over 6' tall and around 300 fairly solid pounds, with actual combat experience and lots of training over my lifetime. AND resting b**ch face. Do you really think I need to pull something out of my pocket to be "dangerous" to you? And do you think you'll feel safer with me sitting strapped into a vehicle with my hands in plain sight on the steering wheel, or standing outside the vehicle 3 feet away from you, standing toe-to-toe, as it were? They don't often use their heads in these situations.

[@jimnunya1253]

Same thing if you have an actual tool. Prick me, poke me, stab me,, if it's capable of that it's potentially a weapon. A folding knife would have to miraculously unfold itself to poke, prick or stab. I've had more and worse encounters with a stupid toothpick I pocketed. Toothpick may get overlooked and poke officer ego! Small screwdriver 🪛 can be weaponized too! Watch out!!!

[@anthonysindoni4850]

Ok​@@jimnunya1253

[@MrWorf53]

Regardless of SCOTUS' rulings, in that moment, when the cop takes an illegal action, you have no immediate recourse. To the cop, everybody says the things an innocent person would say. It is easier for him to just arrest you and you can fight out at your expense. You must fight the officer through the court system at a huge cost to get justice. End Qualified Immunity and take civil damages out of the police retirement funds.

[@xx-qv9tp]

Too bad I don't do things the easy way for their sake

[@captainjimolchs]

Say NOTHING!

[@USMC72]

@@captainjimolchsexactly, just tell the cop you don’t answer questions and all information on the driver license is up to date. That’s all the info he/she needs.

[@captainjimolchs]

@@USMC72Yours is the better answer. As the dissent said in Berghuis v Thompkins, "One must loudly proclaim his right to remain silent", after which all questions must cease.

[@yellowrose0910]

And from the funds that allow them to buy better vehicles, arms, and armor than most national armies!

[@robertsteinbach7325]

Here is the truth, the cops CAN do anything they like, because the state gives them guns and arrest power, but they SHOULD be following the law and if they don't it isn't legal.

[@jackblack3886]

Who says they're real cops? Where's their ID? Fake cops are more prevalent than people know.

[@brucesmith9144]

Hells bells, many don’t even know the laws they’re supposed to be enforcing beginning with the Constitution.

[@thehimself4056]

Even if it’s illegal. They have immunity.

[@doug1863]

That’s what stop and frisk was in nyc

[@cccalifornia7206]

Thank you for your channel and teachings!! 👉You are a true Patriot!!! 🇺🇸🇺🇸🇺🇸 👍 😃

[@hamptonlawfirm]

I appreciate that! Thanks for watching!

[@USMC6976]

"I smell marijuana" and "Officer Safety" are becoming two of the most abused reasons for violating your rights.

[@dr.bruceparsons1022]

I'm over 6' tall and around 300 fairly solid pounds, with actual combat experience and lots of training over my lifetime. AND resting b**ch face. Do you really think I need to pull something out of my pocket to be "dangerous" to you? And do you think you'll feel safer with me sitting strapped into a vehicle with my hands in plain sight on the steering wheel, or standing outside the vehicle 3 feet away from you, standing toe-to-toe, as it were? They don't often use their heads in these situations.

[@willlawson6126]

Some states and local municipalities are doing away with the smell of marijuana as they justifiable reason. I can only assume it would be due to the decriminalization or being classified as medical.

[@USMC6976]

@@willlawson6126 If marijuana use is legal, then smell would not be probable cause for the local authorities. However, it could be for federal authorities. I know in Missouri, the legalization caused police departments to be unable to use their drug dogs for sniffing drugs if they were trained to find marijuana. There was no way to tell which drug the dog smelled.

[@BaronVonQuiply]

Happily my state did away with that in 2020, it's also now illegal to drug test for cannabis on pre-employment screenings. The led to a novelty of a state trooper searching my car because the passenger was Native American. They found my cooler with weed. And they put it all back where it came from.

[@carlfowler1297]

@@willlawson6126that’s a step in the right direction. The “smell” of MJ… ask ten people how they would personally describe that smell and the responses you get are varied: skunky, cat piss like, sage, burning oak leaves, etc. it’s extremely subjective and gives lots of leeway to the officer walking up on the scene.

[@michaels226]

How does this apply to cops when they want to take your lawfully carried firearm for "officer safety" and to "check the serial number on the gun" without warrant or suspicion? I had a cop do this to me and he negligently discharged my firearm into the pavement next to my car. I no longer comply when asked for this due to what happened.

[@Absentiment4l]

Did you get in trouble because he had a negligent discharge? I’m honestly curious

[@tessa5234]

I'd like to have an answer to that as well as I've had two different cops remove my lawfully carried handgun from my possession during traffic stops.

[@michaels226]

@@Absentiment4l Nope, but the department paid for the damages to my pistol with the cop dropped it on the asphalt. I lost my shit in a bad way when that happened. I was flipping furious.

[@michaels226]

@@tessa5234 I no longer allow it. The first words out of my mouth is I do not consent to any searches or seizures. They reach in to take the gun and I'm suing them for 4th Amendment violations. I'm done playing nice.

[@Absentiment4l]

Or if they’re going to temporarily hold onto the gun during a stop I’d say hey it’s definitely loaded please be aware of that here’s the holster so the trigger can be covered.

[@johnshue8082]

i need a lawyer like this. looking out for the common man against all the corruption in the justice system.

[@johnpoole8321]

Officer safety when they walk up to you with a BP vest , gun and pepper spray 🤣

[@michaelklein3112]

Don't forget the Taser..😊

[@dirkhamilton2709]

@@michaelklein3112 And more importantly, backup.

[@michaelklein3112]

@dirkhamilton2709 Boy, my age is catching upto me!! My bad you are absolutely correct!! The forgetme's and the icantrembershit is coming in strong. Peace! 🇺🇸☕️🤓☕️🇺🇸

[@clericgaming8379]

@@michaelklein3112 and baton

[@tlaw-sc3yl]

And small throw down pistol on ankle holster to "prove you were armed" and small bag of ?stuff to "find" during search.

[@JackAmberson]

I am a seventy two year old person and was stopped one time For simply walking down the street with a cane. The officer insisted that he search me and handcuffed me as well. He claimed officer safety, which was total b******* What can a week 70 two-year-old person? With a heart condition and pacemaker due to a 30 six-year-old weight lifting body building individual. like this officer No possibly do to someone who could overpower them in This less than 2 seconds.I offer no Resistance..I simply kept my mouth shut.Let him do whated to do i went directly to the Police station and filed a complaint.Nothing ever came of it They protected their officer.It was all bullshit

[@hungrytervigon]

Good on you for filing though, may help someone else down the road

[@doug1863]

Can’t understand why ppl hate the police

[@damonking76]

​@@doug1863THEN YOU MUST LIVE ON MARS!!!

[@lightofathousand]

​@@doug1863 Yah. It's a real puzzler,all right.

[@JacquesLeChat]

they don’t need reasonable suspicion, they need to believe they have reasonable suspicion. That’s enough to get off scot free

[@thengine7]

Yep, the supreme Court has green lighted revisionist history. The cop only needs to pretend to believe they were following the law.

[@markolmstead2739]

They have to have a reasonable articulable suspicion that the person has committed a crime is about to commit a crime or has committed a crime in the past. Not a hunch not a guest a reasonable articulate suspicion of a crime

[@JacquesLeChat]

@@markolmstead2739that's the legal requirement but we both know that cops do not follow the law. They intentionally bend and break rules to their benefit, including post-hoc rationalizations about why they violate citizens' rights. It's shit like how they use "officer safety" as a cudgel or pretend to smell marijuana whenever they want.

[@reflect.]

I’d take it one step further - they know even if they don’t have reasonable suspicion they will just lie about it later.

[@Choppermv17]

Even if they were found to be wrong in court they just get more training they should have got in the first place and then go right back to the street

[@taylorlibby7642]

Yes. Next question?

[@josebrown5961]

The one thing I have never understood is how does a cop using his fists on my body supposed to make me want to put my hands behind my back? If someone hits you your natural response will be to try to cover up, not to put your hands behind your back. They will then claim “all he had to do” was to put his hands behind his back… This is just another way they pile on charges.

[@willlawson6126]

And that is where sadists are created and conditioned. They are padded on their back and called heroes for those actions.... And eventually they begin to believe that they are doing a necessary evil regardless of who they are doing it too..... Because of the "intent for safety"...... It's all just Lawyer taught verbal judo for the courtroom

[@jeffreyhowll1392]

"According to my training and experience" is a magic phrase that when uttered by law enforcement makes everything that follows relevant to the JustUs system...

[@bob_mosavo]

Thanks, Jeff 👍

[@johnmasterson1640]

Here's the real deal: Out there in the streets and on the road; Cops can and do what they want. Law and rights be damned. That's a fact, period. Here's another fact: If you protest to much, ask to many question especially if you're poor. Let me rephrase that: ONLY IF YOU"RE POOR! This almost never, ever happens to the upper middle class or wealthy. Like I was saying, If you ask to many questions or want to protect your lost civil rights that you actually lost years ago, but never noticed; Then cops get pissed off, and when cops get pissed off, people get hurt an killed. Sure you can sue them, but they (( Police never actually lose money or actually feel a real affect for their actions, unless they go to jail, which almost never happens. But our taxes go up to pay these lost law suits. So cops lose nothing, and we (( the tax payer )) pay the law suits. No wonder they keep making the same mistakes over and over and over again, no matter how many times you tell them, show them or the amount of times they lose in court. Why would they change, they have all the protections, and none of the liabilities. I have heard a cop say and in more than one video. "Go ahead and sue us" As they laugh at the thought, because none of them are going to lose a dime, even if the lose the court battle. So the average everyday civilian is in a lose, lose again situation, and nobody. Not the Justice system, Not the Government, either Local, State or National; are willing to put a stop to this. And the Justice system is for the rich, because if you can not afford JUSTICE, then you seldom will get any justice.If you don't have a good lawyer, then you are at the mercy of an uncaring and unseeing court system.

[@justcallmejohn2833]

The cops take your phone and turn it off. We don’t seem to have any rights to some cops.

[@Soloong_Gaybowzer]

They can't turn it off if they don't have your password to unlock it. There are android apps on the Google play story that allow you to record audio and video "in background" even with the phone's screen locked. I've used it plenty of times to fool social workers and school officials who think they're not being recorded.

[@Lampwick-dz1zq]

That’s why I always have 2 phones 👍🏻

[@NScherdin]

get a dashcam that also records the interior. And prefereable out the back of the car as well.

[@linardskinard8199]

until individuals officers are required to have liability insurance coverage tied to their certification, as well as pension to judgements, this kind of abuse will never change....it's a piss poor culture of being above the very law they're sworn to uphold.

[@Redbaron3314733]

I love the series of videos from this gentleman. Even for law abiding folks, it's good to know the law; however, I'd rather not play lawyer on the side of the road and would fight it later! I have yet to see a video on the best way for a citizen to record a traffic stop for their own safety and defense.

[@flakesinyershoe8137]

We need a police interaction class for private citizens. Could you imagine how frustrating it would be if every person they interacted with immediately told them their name, address and date of birth then invoked and actually remained silent?

[@lgDukeCity5018]

@flakesinyershoe It would be fantastic.

[@johndoe-ss9bz]

Name, address and date of birth exposes a person to a higher risk of credit card fraud.

[@flakesinyershoe8137]

@@johndoe-ss9bz when there is an epidemic of identity fraud committed by police you may have a valid complaint. Until then, withholding identity to win an ego contest just makes you look like someone who was too lazy to become a bad cop. And immediately identifying before invoking exposes the police to much harsher penalties when they misbehave because you won't talk to them. And they will misbehave, because their problem doesn't go away, you're still where you are, doing whatever it was they didn't approve of to begin with. When they do misbehave, they will be mistreating someone who was fully cooperative with any legal request they may have had.

[@Katchi_]

Why are you providing anything? Do you lick boots?

[@highlandermachineworks5795]

​@flakesinyershoe8137 am I reading it wrong or are you missing something like part of a sentence or a phrase in this? It's a bit confusing to read.

[@mjolnirdynamics8789]

The SCOTUS has created a special class of persons who essentially get to force compliance over "safety". No other groups of persons who encounter potentially dangerous persons are afforded the same. In fact if I do what a cop does for my safety I'll be convicted of multiple crimes.

[@nathanluck459]

Wouldn't you have to do something unsafe first?

[@abstractapproach634]

That's naive or hilarious sarcasm. Don't keep contraband in cars or drivers pocket. Lock boxes and separate trunks, even with broken button rekeyed, are your friend. Usually passengers are not searched unless accidentally consenting or acting stupid. Keep hands on steering wheel, or dash/headrest, ID, reg, insurance in visor. Slow movement, secretly record. Say as little as possible, but sometimes you can talk yourself out of a ticket: but you must be careful, don't answer presumptive questions. "Can I check" may be a BS conversation about car parts, or that you don't have anything on you which you shouldn't have said way earlier in the conversation.

[@humanrightsadvocate]

1. Always record the police. 2. Always get their names and badge numbers. 3. Always ask, "Am I free to leave?" 4. Always ask for a supervisor. 5. Always remember you have the right to disobey an unlawful order from the police if you are confident they won't be able to demonstrate in court that the order was warranted and made necessary by your conduct. An arrest following refusal to obey an unwarranted police order is unlawful. 6. Always remember you have the right to refuse to identify yourself if you're confident that the police won't be able to demonstrate in court reasonable suspicion of your involvement in a crime; otherwise, provide your full name and nothing more, especially if threatened with arrest. 7. Always tell the cops, "I don't consent to any searches or seizures, and I won't answer questions." 8. Always remain calm. Trigger happy cops are easily startled. 9. Never resist arrest! Unless you have a valid reason like: self defense or defense of others, unlawful arrest, excessive force, necessity, mistake of fact, duress or coercion, malicious prosecution, preventing a crime, protecting property, medical emergency etc. 10. Always get a lawyer and sue when your rights are violated, targeting individual officers and their department or municipality. Holding officers accountable removes those unfit for duty, while suing the institution can drive policy change. For drivers, prepare the following statement in print or writing to provide to the police along with license, registration and proof of insurance: WARNING OF LEGAL ACTION FOR RIGHTS VIOLATIONS During our interaction, I wish to assert my rights as follows: Under the Fourth Amendment, I decline any searches or seizures. Additionally, in accordance with the Fifth Amendment, I affirm my right to remain silent. The 2015 SCOTUS ruling in Rodriguez v. US established that a seizure justified solely by a traffic violation "becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission" of issuing a ticket. I understand that a routine traffic stop may escalate if the police suspect wrongdoing. In such cases, I assert that I'm not obliged to prove my innocence. Any abuse or confusion leading to an arrest will result in legal action to protect my rights and hold responsible parties accountable, including individual officers and their department or municipality. For safety precautions, I'll keep my hands visible on the steering wheel, briefly crack the window to exchange documents, and promptly close it shut. I refuse to obey the order to step out of the vehicle as I consider it unlawful because it is both unwarranted and not made necessary by my conduct. My freedoms don't end where your fears begin. However, I will exit the vehicle if you place me under arrest. I expect you to respect my rights, as per your oath to uphold the Constitution. Sincerely, [Your Name] -------------------------------------------- *QUALIFIED IMMUNITY* Qualified immunity is a legal doctrine that shields government officials, including law enforcement officers, from civil liability for actions performed within their official capacity, as long as those actions do not violate "clearly established" constitutional rights. However, there are certain circumstances where qualified immunity might not protect police officers: 1. **Violation of Clearly Established Law**: If a police officer violates a constitutional right that has been clearly established by existing case law, qualified immunity may not apply. In such cases, the court determines whether the law was clearly established at the time of the alleged violation. 2. **Excessive Use of Force**: If a police officer uses excessive force in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures, qualified immunity may not shield them from liability. Courts examine the specific circumstances of each case to determine whether the force used was objectively reasonable. 3. **Malicious Conduct**: Qualified immunity does not protect officers who engage in malicious conduct or who knowingly violate the law. If it can be shown that an officer acted with malicious intent or deliberately disregarded someone's constitutional rights, they may not be entitled to qualified immunity. 4. **Gross Negligence**: In cases where an officer's conduct demonstrates gross negligence or reckless disregard for the rights of others, qualified immunity might not apply. Courts may find that such conduct goes beyond the scope of official duties and therefore does not merit immunity. 5. **Violation of Clearly Established Policies or Procedures**: If a police officer violates departmental policies or procedures, which are designed to protect individuals' rights, qualified immunity may not shield them from liability. Adherence to departmental protocols does not automatically grant immunity if those actions still violate constitutional rights. 6. **Lack of Subjective Reasonableness**: Even if an officer's actions are deemed objectively reasonable under the circumstances, if the officer's subjective intent is malicious or in bad faith, qualified immunity might not apply. In summary, while qualified immunity generally provides broad protection to law enforcement officers, there are exceptions when their actions violate clearly established constitutional rights, involve excessive force, demonstrate malicious intent, or exhibit gross negligence. Each case is evaluated based on its unique facts and circumstances. -------------------- _The text advocates for asserting rights during police encounters and holding law enforcement accountable. It emphasizes recording interactions, asking for identification, and seeking legal counsel. It challenges qualified immunity, highlighting exceptions where officers may be held liable for violating constitutional rights._ ‒ ChatGPT-3.5

[@Waitingforthewormstocome]

Thank you for your knowledge. I appreciate all your videos.

[@hamptonlawfirm]

You are so welcome

[@djohnson542]

My son served in the Marine Corps during the invasion of Iraq. He has said numerous times that, if he did the things that some police officers do in the name of “officers safety,” he would have either been laughed out of the Corps or thrown in the brig, and likely the later.

[@doug1863]

If cops are so afraid of their safety, then quit and get a safe job

[@michaeljavert4635]

Only in America, one can be arrested for resisting arrest.

[@damonking76]

EVEN IF THE ARREST IS ILLEGAL😊

[@js5665]

Hold on. I'm confused. Are we to believe that police have a super power of knowing when someone is under the influence without medical training? But suddenly the super power escapes them because they were "uncertain" of someone's movements? Makes sense to me. What's your problem?

[@bluedistortions]

Don't be fooled by "medical training." Just taking some classes and learning symptoms doesn't magically make humans behave in a rational and altruistic manner. Whenever you give a department no oversight other than it's own internal or sister departments, and a financial and/or legal incentive to find certain outcomes favorable to themselves, that's what they're going to do, and even if a victim does sue them, all have to do is say, regardless of how stupid their decision was, "that was my belief at the time."

[@phlodel]

Constitutional rights are a subscription service available only to people that can afford good legal counsel..

[@ronkampsen1098]

Officer safety = the new "I was in fear for my life"

[@crystalclearwindowcleaning3458]

I really appreciate all the time you take to educate us on our rights. I hope I never need to use this knowledge, but I'm glad I have it.

[@GR3YD3ATH]

Can COPS Do What They Want For “Officer Safety? YES. qualified immunity... move along.

[@michaelgillett5744]

If the police lose in court they should be required to pay all your legal expenses personally.

[@sherryferrell4882]

I so agree with that it would make it a whole lot better on the rest of us poor folk

[@GnosisMan50]

This is depressing....I pray to God I don't get pulled over for a bad headlight, expired inspection, insurance, registration, or driving mindlessly.

[@Katchi_]

Well... you're fucked.

[@mariekatherine5238]

Not all cops are evil. I have been pulled over for a burned out brake light, signal, license plate light. None of them issued a summons, just gave me a warning. It IS actually appreciated as I don’t want to be driving around in a vehicle with compromised safety. If this happens, I usually ask the officer where is the nearest garage or auto supply!

[@teve90]

You should grow up and be responsible for your own property, stop being so dumb and rely on the gov for your own sloppiness, you acting like a Democrat​@@mariekatherine5238

[@davidcook1622]

Criminal activity by law enforcement agencies will not stop until Qualified Immunity is revoked.

[@DavidBenner-cy4zl]

End qualified immunity. End officer safely. It is abused all the time. To the point of criminality.

[@bliss_fx4149]

Please do a video on the recent Texas supereme court verdict and how it might influence police encounters in the state and nationwide. Love the videos I’ve learned so much!

[@glenbateman5960]

Police can do anything they want. That's what the union is for. Nothing is illegal when a cop does it.

[@doug1863]

Welcome not the New York Pig Dept

[@byronwatkins2565]

To be clear, an officer must articulate his suspicions TO THE COURT; he need not do so to you. He must demonstrate to the court that his suspicions were based on facts observed before the detention AND that those observations validated a reasonable suspicion that specific crime(s) were involved or that nearby officer(s) might be in danger.

[@mariekatherine5238]

Strange behavior on Halloween night? It’s more likely a person who acted normally was committing a crime!

[@handynothandsome261]

*The “officer safety” issue can be rather quickly dispatched by comparing the number of police officers shot or otherwise seriously injured or maimed by citizens, to the number of citizens shot or otherwise maimed or seriously injured by cops.* *That should pretty much end the discussion on the spot.*

[@grantsamson2384]

Seems like a case where the court believed the suspects were 'probably guilty', and didn't want to let them 'get away with it' so they contrived a reason to allow the police to go after them. I also think based on the facts, it's highly likely that they were going to rob the place, but a lot of damage has been done to citizens and the police as a result of going after these 3 guys.

[@Katchi_]

So... let them commit the act. That eliminates everything. The government does not get it both ways. IE The government is not responsible for anybodies safety. Government is not responsible to stop crime.

[@AllAboutSurvival]

Knowledge is power, and being informed about your rights is the first step in safeguarding them.

[@jasonshults368]

Wrong. Force is power, and knowledge is irrelevant. The police are the perfect example of this.

[@Sharky_On_The_Road]

A cop can`t qualify as a reasonable person to find reasonable suspicion. To a cop everything is suspicious.

[@malmalfactor3544]

We have to make any evidence found by a police officer not continuous with complete bodycam footage inadmissable in court. I would define complete bodycam footage as footage that covers the start of the encounter to either saying the person is free to leave or to closing the car door during the arrest without any interruptions.

[@jeffwalker3041]

What if, after being asked, you let the officer know you have a firearm or knife? You freely surrender them. These are very hard questions for non-lawyers. The best I can understand all of this is follow officer orders, but never give consent.

[@jrb_sland]

75 yo Canadian man here. So in the unlikely circumstance that I cross the border into your fine country, I should ensure that each and every pocket in my clothing, and in my socks as well, contains a McDonald's ketchup packet. Soft & squishy. LOL

[@edwardbaldwin2890]

No you can stay in Canada where you have less rights, where the cops can check your papers anytime they want to. I would rather live in a democratic country that has some problems instead of a socialistic country that has taken all of your rights away.

[@sexygeek8996]

I'm quite sure that you have even fewer rights against the police in Canada.

[@davidjudd951]

​@@sexygeek8996Correct. Fidel's son, has run roughshod over the rights of Canadians recently.

[@abelduenas987]

Terry V Ohio, the biggest blow to the 4th amendment. It all derives from there

[@johnkowalski5756]

Please do a video on cash seizures. I saw one where a veteran was transporting 10,0000.00 in cash to purchase a home. The money had been taken out of a bank with a withdrawal receipt. But no avail. The police while very talkative/polite at the scene, still seized the money. It took an attirney for the veteran to get his money back months later. There is no law to the best of my knowledge that says that carrying "large" amounts of cash is illegal or that the money is automatically defined as ill gotten gains.

[@randolph7214]

Civil asset forfeiture

[@flakesinyershoe8137]

The law you're looking for is called civil asset forfeiture. And it indeed gives the police the right to take any amount of money or property without probable cause because they're arresting your money/property rather than you.

[@ImmaSaveUFromMe]

​@@randolph7214 forfeiture. Not seizure.

[@lgDukeCity5018]

@@flakesinyershoe8137 Its insane. No due process at all.

[@flakesinyershoe8137]

@@lgDukeCity5018 that's we the people's fault. A lot of people don't have the money to fight legally and are unwilling to go to prison so they give up. If poor people would create end of watch events at a time and place of their choosing after being robbed by cops, civil asset forfeiture wouldn't exist very long.

[@RobertJohnson-gk2gj]

Wow! Thank you for connecting the dots & making this simple understanding!

[@hamptonlawfirm]

You are so welcome!

[@johndoe-ss9bz]

Officer "Paranoid Fear Syndrome" and lack of common-sense situational awareness.

[@ToyoteroMundial]

Threatening an innocent person with a Gun for officer safety.

[@donaldkwasnicki9554]

Thanks for this video

[@hamptonlawfirm]

Most welcome

[@tonyb4876]

Any time that you have to have an Attorney and are put into the process, and you come out with charges didmissed or adjucicated Not Guilty, EVERY LAST CENT of LOSS or EXPENSE should HAVE to be paid by the LE Dept AND the DA's regular yearly budget...NOT from the Cities/Counties/States general (taxpayers) fund! This would help END "The Punishment Is The Process"!!!!

[@claybowcutt6158]

In the United States, the Fourth Amendment of the Constitution protects against unreasonable searches and seizures by the government. This means that law enforcement generally needs a warrant based on probable cause to search someone's person or property. However, there are exceptions to this requirement, such as in cases where there is immediate danger to life or where evidence might be destroyed if not immediately seized. While it's crucial to safeguard individual rights, it's also essential to ensure the safety of law enforcement officers and the public. Law enforcement officers often face difficult and potentially dangerous situations where split-second decisions must be made to protect themselves and others. However, it's equally important for law enforcement to use their powers responsibly and ethically, respecting the rights of individuals even in challenging circumstances. Training, oversight, and accountability mechanisms are crucial for ensuring that law enforcement officers uphold the law while respecting civil liberties. It's a delicate balance that requires ongoing dialogue and scrutiny to ensure that neither individual rights nor public safety are unduly compromised "in any case that isn't immediate", the weight of the citizens rights are heavier.

[@jasonshults368]

Well that's a bunch of horseshit.

[@christinesmith4897]

What clay fails to mention is that Officers are trained to lie and manipulate citizens into giving up their rights under the law. If you believe the good guys should lie and coerce false confessisons then I guess we have differing opinions about what it means to be "Good". My Bible says it's a sin to lie. @@jasonshults368

[@dragonf1092]

There are no exceptions whatsoever under The 4th amendment. The fourth amendment text explicitly states SHALL NOT BE VIOLATED!!!!

[@dragonf1092]

The justice department(courts) and law enforcement have been operating illegally unconstitutionally for the past 100 years in violation of article 4 section 2 paragraph 1,1st amendment,2nd amendment,4th amendment,5th amendment,6th amendment,7th amendment,8th amendment,9th amendment,14th amendment section 1.

[@Mikolt1911]

Thank you so much for these videos! So many people don’t realize their personal rights!

[@brendanoehl5018]

I felt something soft so I thought it was a ghost gun. 😜

[@mitchalvin]

“Officer Safety” is a court approved way to violate the fourth amendment restrictions.

[@That1Guy_91]

To answer the question you asked at the beginning but never answered.. if an officer orders you to get out of the vehicle do you have to? Yes, Pennsylvania v. Mimms says the driver can be ordered out and Maryland v. Wilson says the passengers can be ordered out. Being searched is a totally seperate topic you covered poorly, but you can be ordered out of the vehicle without a specific reason being needed.

[@garymartin9777]

Great reply. I just read the case.

[@doug1863]

NYC, getting out of your car can be your death sentence

[@vancemead5956]

There is nobody as cowardly as a cop. Ten year old kid with a plastic squirt gun? BAM BAM BAM!! "I was in fear for my life!" Ninety year old woman with a cane? BAM BAM BAM!! "I was in fear for my life!"

[@wadepearson9719]

The biggest problem is suppose the cop pulls me over, does the illegal "safety" search and finds nothing. He tells me to go on my way. He didn't lose a dang thing and I have no grounds to sue for him violating my rights. The only sanction if the cops do an illegal search is when evidence is disallowed. That's a bad deal. The bad guy goes free and the law abiding guy in the first case still had his rights violated. We need to do better.

[@dr.bruceparsons1022]

If I touch a police officer while he's performing his duties, it can be labeled assault. What you're describing is at least that intrusive. Why can't we press charges if nothing is found? Make them go to court and defend themselves. I bet that would at least slow down this gratuitous fishing.

[@NScherdin]

Make sure you have video. You can take it to court. Wont say you will win, but its not without possibility, if you have evidence. If you dont have video then you may as well suck it up and head on your way because there is zero chance you will get anywhere without at least that much.

[@wadepearson9719]

@@NScherdin That's the way it should be, but the courts have created a fake right for cops to do this, Qualified Immunity. If you sue the department there's no significant damages for your indignity.

[@cesvalle1]

I’ve lost faith in our peace officers. Department’s continue to hire incompetent hires/cadets into their force. I’ve only met a few officers that I thought were worthy of carrying a badge. My thoughts, If EMT and Firefighters require extensive training for their work then I would expect police officers would also need EXTENSIVE training in Constitutional law and understand the Bill of Rights and Amendments. I applaud folks who are educating themselves to prevent from being taken advantage of and also commend those officers who do educate themselves to provide better service for their communities. Remember their motto “to protect and serve” not to to protect themselves and have us pay the bill for their incompetence. I respect officers for what they do (those that know what they’re doing) but equally respect those that are out there exposing the corrupt ones. Also let’s be clear, there’s one thing to show officers respect and another to submit to them due to intimidation. For those doing their jobs properly and ethically I thank you but for those hiding behind the badge…shame shame.

[@richardtheisen6456]

Who do cops have to articulate to? The court, or the perp?

[@coolraul07]

Unfortunately not the perp. This gives them time to make shit up to put on their sworn affidavits.

[@jasonshults368]

They have to articulate to themselves, when they investigate themselves, and determine that they acted heroically in the face of acorn assault.

[@laurabenevelli6783]

Racial profiling is absolutely horrendous with authorities. I have black and other minority friends. It’s a sad fact that, because there is so much racial profiling and racism with so many cops (including black cops), that the majority of black parents have to have “the talk” with their children when they are VERY YOUNG about how to behave in front of cops. I know this because I have been told that by a number of my black friends. This should not even be a thing. It’s been proven, especially when it’s a white / non black cop or witness, that they are much less likely to identify the correct person / people.

[@flakesinyershoe8137]

I'm going to assume you're white and you believe cops don't target you. You may want to go look at the statistics though because for every George Floyd, there are two hunter brittain's.

[@flakesinyershoe8137]

Just wait until you find out police unalive twice as many wypipo.

[@timdowney6721]

@@flakesinyershoe8137 Since there are at least 4x as many white people as there are blacks, did you have a point?

[@rcv9988]

The facts don't match you are probably actually listening to "activists"

[@GermanSausagesAreTheWurst]

@@flakesinyershoe8137 Who wants to do some math? Yay!!! Math!! Shall we use decimals? Nah, let's use fractions. You should be able to understand that better. wypipo are 3/5ths of the population of the USA, and african-americans are 1/8th. Shall I keep going, or can you figure it out yourself?

[@herbertsmith6085]

With the police having become the major group of criminals, it also becomes reasonable that we the ppl should receive recording equipment, audio and video, paid for by local precincts, so we can be safe from some of their crimes

[@Robert-xk5pm]

Officer safety: Forbes top 10 most dangerous jobs. Police officer does not make top 10. USA TODAY top 25 most dangerous jobs. Police officer not in the top 25. From "google across the web results" police officer is number 17 as far as most dangerous jobs.

[@Katchi_]

Citing Forbes... Losers cite Forbes.

[@Robert-xk5pm]

@@Katchi_ why do you say lovers cite forbes

[@Katchi_]

@@Robert-xk5pm Forbes is nothing anymore. Zero integrity. Besides the government is the source for such facts anyway.

[@malcolm9771]

Thanks for another very informative video!!! If you watch any of these police ride along shows. Guess what we’re witnessing???

[@maxskullic9879]

Cops use this as a way to Scare you into Respecting the Badge! They will say "Don't make me mad or I'll start fearing for my life and end yours" (I have been told this by 2 Sevier County officers while being trespassed off Land I had Permission To Be On! It was a friends land with a old cabin we all camped in since we were kids and knew the owner was not the one that called... It was the crazy man at the bottom of the hill that was good friends with the 2 cops that attacked me and my girl, put us in handcuffs and slapped me 5 times for telling them the Truth and the Name of the Land Owner! This was way before body cams and when I tried to file a report, I was Threatened Again! Told to leave the police office because they were "about" to fear for their lives if I didn't leave in the count of 10! I was never able to make a report, the TBI didn't even return my calls! This was back in 2002 when I was still in high school and because of it... I have NO respect of a person hiding behind a badge! I support the Good Police but just having a badge doesn't grant you respect, you have to earn it just like Any Other Person! Cops are people too and people will only do what they can get away with! Fact!

[@thetowndrunk988]

Wouldn’t be surprised if one of those cops had the initials DF……

[@tessa5234]

Wilson County in middle Tennessee is just as bad! I could tell you stories!!! I have NO use for the Wilson County Sheriff's department and I'm a 60+ year old lady!!

[@betsywoolbright8059]

On June 2, 2011, in front of my now deceased husband, I was handcuffed and officer Matt Brees of the Lewiston, Idaho, police department opened my belt, unbuttoned and unzipped my jeans, and touched my private areas. (I'm a female.) He called it a Routine Thumb Search. I asked for a female officer to search me if I had to be searched. I was told there was only one female officer and she wasn't on duty today. I told him that wasn't my problem, and I asked for the dispatcher to search me. My request was denied. I lodged a formal complaint against him and the sergeant, Ted Piché, who investigated Brees, exonerated Brees. Later, I learned that Piché had to resign due to some sort of sex scandal of his own, unrelated to my sexual assault.

[@touchedouche8806]

On the street they absolutely can. Even lawyers say "comply, fight it in court". Even better for the tyrant if more than one blue ego is there to back them up. And even if 'caught' they will earn themselves a paid suspension. Or worst case: allowed to resign only to be hired a few townships over. And you may just be dead the entire time or destitute with lawyers fees. End qualified immunity

[@user-no1cares]

Every time I’ve been pulled over (3 times in my life) once for tire touching the yellow line, I’ve been told to exit the car, questioned at length & the vehicle searched through windows. Perfectly clean record, they’re trying to find a felony they can pin on an innocent person that’s done nothing wrong but a minor infraction. In my county I was once told by a sheriff deputy that being pulled over for a license plate light out is a felony.

[@DarkVixxen]

I know that cops arent supposed to just arbitrarily pull people out of their cars and search them, but they do it anyway. They almost *NEVER* have legitimate suspicion. But they do it anyway. They don't care about the law *OR* your rights. All that matters is their ego.

[@cliffowens3629]

I remember some years ago I was pulled over by a cop. I waited patiently with my arms over the steering wheel, waiting for the officer to come up. He didn't. I looked up at my rear view mirror and saw him exit the cruiser, adjust his belt and pull his piece. Right away I realized this ain't a normal traffic stop. He came over to the passenger side and asked to see my ID and of course I said Sure. After a moment I was asked about my vehicle plate as it reported stolen in California and replied I haven't been to California and that thus was a broward county Florida plate. By that time3 other officers showed up and asked me to get out of the truck which I did and was informed that I was to be cuffed for officer safety. They were gentle about it seeing I was a 60 yr old man. Asked about weapons and said I had a Buck knife on my hip, a razor knife and Leatherman in my pocket. After about 10-15 minutes it was over, cuffs off and free to go. The officer who made the stop showed me on his computer the tag stolen in California and we both came to the same conclusion that an entry error meant for a California plate made my Broward Florida plate to come up as stolen. The cop saw my plate with the California #s and initiated the stop. I thanked him for his service and they all went their way and I went to work. In my line of thinking if a cop pulls his piece on me it's " Hi, I'm glad to see you. " No sense making a case of mistaken plate any worse.

[@thenebraskan6977]

Thanks for the great advice and video. You covered a lot of material.

[@CommentingOnTheFreakshow]

Why don't you start by saying "A COP pulls you over for no reason with the intent of meeting his montly quota for issuing tickets. Then, he'll through in a some harrasment for good measure!" - you know, reality!

[@rhondaphillips432]

THANK YOU SO MUCH❤❤❤😊😊😊

[@michaeledgington8387]

Evidently they must think your wallet is a weapon, they always search your wallet.

[@damonlorraine9832]

What's the bottomline on searches of Conceal Carry holders who are carrying their weapon on their hip and the police find out through running their license plate during a traffic stop that the individual has a legal right to carry, so they opt to do a "Terry Frisk" for "officer safety"? I would point out, again as I have often on these videos, that it is the legislature of a State that determines what the police can and cannot do--not the police themselves. In my State, the police are not/not entitled to "see" your weapon during a traffic stop--only your CCW license. But the Terry Frisk and its interpretation by courts seems to have given the police free rein to willy-nilly search a CCW holder carrying his weapon if they wish because the holder--a law abiding and background checked citizen stopped merely for a traffic citation--opts to comply with what the legislature has determined is proper verus what the police want. Sounds police-state like to me, and puts a target on the back of CCW holders for no justifiable reason. If I'm stopped for going 40 in a 35, a Terry Frisk just because I have a CCW is not justified. What is the answer to this increasing phenomena of police shaking down CCW holders merely because they hold to what the Legislature determined versus what the police WANT?

[@RobertPowell-bx1jd]

He's only supposed to ( pat down) search you if he reasonably believes you to be armed but he will do it regardless just to show his authority

[@Sprot66]

There are two major problems here: 1) cops, and 2) the Supreme Court.

[@rkba4923]

If LEOs want to be safe, they need to get into a different line of work!!!