REFUSING to Exit: Your Questions Answered

Today I'm answering YOUR questions about whether or not you HAVE to exit the car for the police, including things like: Can you lock your car? What if you think you're being unlawfully detained?
ORIGINAL video (part 1):
• When You Should REFUSE...
Leave Andrew a voicemail with questions or ideas: www.speakpipe.com/flusche

[@TheDenisedrake]

As a recovering do-whatever-the-police-say person, I appreciate your practical tips. That is all I have to say. I will now remain quiet. 😆

[@sd906238]

Sound like the cops will do whatever they want regardless if it is legal or not.

[@coolraul07]

Congratulations on your recovery.

[@JKiler1]

@@sd906238 they can. Your protection comes from the courts. But if you give evidence to the police, it WILL be used against you.

[@robbyfry527]

This is a do-whatever-police-say lawyer. Fighting for job security from the sound of it

[@JKiler1]

@@robbyfry527 so what kind of lawyer are you?

[@omegafighters]

"The officer believes that she has detailed you lawfully." There isn't an expectation that police understand the laws. They can detain you unlawfully and there will be no consequences for the officer.

[@cementer7665]

Exactly, they are 'trained' to choose a person at random, to harass and terrorize, so they can practice their 'training' in an environment outside the classroom, where the textbook answers WILL NOT apply. This is one of the reasons why multiple officers WILL always respond, to learn from real world interactions, and where they are NOT constrained by the officer in the classroom pretending to be a victim.

[@eq1373]

If that's what you believe, then you have no idea.

[@omegafighters]

@@eq1373 Which part am I wrong about? SCOTUS has said cops don't need to actually understand the laws to enforce them. Cops get away with killing unarmed civilians regularly. A "false arrest" wouldn't even make the news.

[@Jakkaribik1]

Police can basically waste anyone's lifetime and get them to a higher stress level because they dont care after that particular day and you will go to people whos work is in court so you will suffer.. Waste of Time

[@biggussdickuss6123]

The reason why it makes no sense

[@jonathanzimmer6831]

The people of America need these types of men and videos to educate them on a system geared towards abusing you. Thank you Andrew for setting a high standard and helping to educate the public on rights the already have.

[@obijuan-]

EXACTLY CORRECT. Thank you for saying this.

[@obijuan-]

Andrew. after listening to your entire explanation on "opening/leaving the door open versus closing/locking", I still need to ask this. At the risk of making the cop mad, it still seems to me, there's an advantage in closing & trying to lock the car versus leaving it open. If I can lessen the cops access/view to anything in my car, I want to. Under Plain View Doctrine, the cop could more easily reach in regardless of unlawful, and look under a towel/cover or even inside my closed console when he has access through the door. We all know not every order or command is lawful, and they will lie and stretch the law to serve their purposes. For you sir, (no disrespect intended) its easy to say go to court (you are paid) and let the court decide. But I am looking for those advantages that I can execute before/UP to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to minimize my risk to those actions.

[@c.kainoabugado7935]

@@FirstLast-gv1zl honesty n tips appreciated.

[@robertk2029]

Andrew you are a great guy. Well informed and educated. Your content is awesome. Keep up the awesomeness 😎

[@imdonkeykonga]

well... is a lawyer you know?...

[@BasicPsychology101]

@@imdonkeykonga Grammar is be wonderful much, yes?

[@imdonkeykonga]

@@BasicPsychology101 so? somebody has a lot of free time, dont you?

[@mikezeke7041]

So basically give up your rights or be bullied, arrested, and deal with a lawsuit for years. The only one who benefits is the lawyers

[@tylersingleton9284]

Read the Talmud, that is the point.

[@MissMarinaCapri]

@@tylersingleton9284 , says nothing, that’s the point.

[@doug753]

This is all color of law, (traffic code), which isn't even law, why isn't this attorney explain all this. You haven't broken anything if traffic code, not even law. Problem is this color of law crap is how they make all their revenue,...get it?....It's all a lie really, a made up system to create offenders thereby reaping the revenue have you ever heard of policing for profit?... and besides a license is for commercial drivers, if your not driving commercially then there is no need of a license. Terminology is a big factor in courts and sad to say you can be right as rain all day long with these traffic cops cause they don't know the real law, just color of law. Its entirely a predatory system to create revenue, that's all it is really, and it's not even law, go figure.

[@warnertesla8297]

​@@tylersingleton9284 oy vey!

[@robertfisch4603]

Alternative ?

[@grantyentis5507]

I am thankful that this Attorney is willing to share this kind of advice with us for free! What a cool guy!

[@senseofstile]

"Officer believes she has the right to detain you" I had to laugh at that one. Chances are the officer does not believe they have that right. However they "want" to detain you and "believe" they have unlimited power to do whatever they want, regardless if it is legal. "They must have lawful detention to order you out of your vehicle." Again, the cops do whatever they want regardless if it is lawful or not. Remember they are all fully aware they cannot be sued (qualified immunity). You are correct about not talking to the police. When the police are in "unlawful mode" the only way they can succeed is to get you to talk and twist what you say. Thanks for another great video.

[@senseofstile]

@1A Radio I would say that is extremely rare. Keep in mind there are many thousands of videos depicting law enforcement behaving badly.

[@senseofstile]

@1A Radio Do you have a link?

[@jefflong9295]

When ordered to get out of your car, you should comply while stating "I don't consent, but I am doing it under protest and under duress." You should always video all interactions with police for your protection.

[@djs12007]

You need video that's already started, if you have to start your camera after the officer goes off on you, they won't let you finish.

[@obijuan-]

I certainly hope its never needed, but I bought some "recording the police" insurance. I added a remotely on/off Garmin Mini dashcam to the right side passenger A pillar at the windshield. Its smaller than an Airpod case, captures video and audio. Well worth the peace of mind it brings for the $100 cost. Mr. Flusche recommends dash cams too.

[@im2501]

I think most smart phones have apps where you can say, "I'm being pulled over", and they will start recording

[@djs12007]

@@im2501 If there IS such an "app" it's likely very new and has glitches in it that a prosecutor can exploit to discredit it, besides which, even with video of the officer's behavior, they're STILL more likely to get exonerated instead of convicted.

[@c.kainoabugado7935]

Witnesses help. And in common law court against officer the other officers can be your witness n they don't get to bring their lawyer. Just that the corrupt system doesn't want to support common law courtrooms cuz it shows real law at work and not the act of getting out of a process.

[@alrightk]

So level headed and reasonable explanation. Defending your rights can come off so abrasive to some, you make it feel welcoming.

[@prague5419]

I'd stay here and gush all day but I'm busy. I'll keep it short with "Thank you, brother for looking after us. We love and appreciate all that you do to protect us. Keep doing what you do, sir. BIG FAN!"

[@jamietodd1341]

Great follow up. Good to clarify these things. Keep up the great work.

[@JohnnyTromboner]

I simply cannot understate the production value officer Andy adds

[@Strideo1]

Thanks for another great video Andrew. I really appreciate you taking the time to interact with your viewers and answer questions

[@hoofington7866]

I live in Chesterfield VA, when I first moved here in 2013 I was on my way home from work on the motorcycle and rolled up on a 100% checkpoint. I was having a bad day and didn't feel like playing fuck fuck games. The officer asked me to turn off the bike and I did then he asked if I had a valid M endorsement on my license and I replied yes. Then he asked if I could provide proof of insurance registration and my license. I refused and asked him if I fit the description of a known criminal? He replied no we are checking everyone today. I asked to speak to a supervisor. He then asked me to pull forward and to the right to the median. I did, a Sargent approached me and asked me the same thing saying we are checking everyone on the road in this area but he also asked me to take off my helmet. I said to him do I fit the description of a known criminal and run the plates if it the bike comes up hot then arrest me... he said thank you and your free to go.

[@johnshields9110]

Buddy, I with you on being questioned less by police, especiallly when on my motorcycle. I 'dress for the crash' and it would be like unwrapping a Mummy to get to my wallet/ID. I keep Registration and Insurance papers in a side bag now, but anything else in tucked in deep. I flip my face shields up, but hate pullin off my helmet as it is tight, and I also have ear plugs, a sweat guard and a head rag for comfort. Also, Cops seem to be overly ready to 'dump' you when stopped. I had one Officer place his hand on my handle bars, and threaten to dump me if I didn't hurry up with his requests. My bike weights 964 lbs! My guess is, they'd do the same to a wheel chair guy!

[@UBvtuber]

@@johnshields9110 EDIT: I PULLED A FUCKY WUCKY. NVM my stupid question. Okay. big question: why are you 964 pounds? Are you a bodybuilder or a TLC documentary obese person? Either way, i think it would be hard to ride a bike lol

[@johnshields9110]

@@UBvtuber 1450 cc plus dressage, plus my own weight. Any Officer threating to 'tip you over' should be reported and disciplined.

[@notahotshot]

​@@UBvtuber "Why are you 964 lbs? I think it would be hard to ride a bike." Apparently you also find reading comprehension hard. They said the bike is 964 lbs.

[@UBvtuber]

​@@notahotshot Oh... welp you got me there. I misread it and made a mistake: bite me.

[@brianchenoweth7347]

Really appreciate your potent combination of professional knowledge, not so common sense, as well as wit. Thanks for sharing.

[@septegram]

OK, the smoke overlay cracked me up!

[@ssnydess6787]

Thanks Andrew! I really appreciate the different scenarios you present and have had a few encounters, as we all have. I believe it is possible to be courteous and still protect your rights. It is a slippery slope with no guard rails, especially DUI.

[@danielm593]

This is a great channel, one of the few channels that I make it a point to watch every vid… keep them coming, they do help 🤙

[@scotthorner4417]

I have been watching your videos and have learned a lot. Thank you for all you do!

[@mikeschinkel]

Regarding rolling up the window and locking the door, what if your concern is if they arrest you and leave the car unattended with an open window and unlocked making it might likely someone will steal things inside or even steal the car?

[@williamlockwood4621]

Another excellent and informative video. I have always wondered about the officer safety part of Mimms.

[@donaldwest8130]

Always enjoy your presentations. Thank you.

[@TheWaterman1000]

Andrew you need to talk to your secretary about smoking in your office.

[@richardcranium7899]

I know right? That skunk weed smell gets a bit overwhelming .

[@wrektum]

Cool guy in a bow tie strikes again! Great, well edited video with tons of information

[@tinfoilsombrero1439]

Pennsylvania v Mimms is case law. Case law IS NOT codified law. That is an opinion of a court on the merits of ONE case litigated before them.

[@suedenim9208]

The tinfoil is suppose to protect you from harmful stuff, not reality. Case law is what the courts refer to as "the law" and Mimms is from the one court that can't be overruled by other courts. There's always a possibility that SCOTUS could overrule itself or clarify some points in regards to a previous case but Mimms is fairly straightforward.

[@billmorse221]

It’s hard when we live in a police state and the prosecutors want to make a name for themselves.

[@ColinTealOfficial]

ACAB! Defund the Police!

[@alphaforce6998]

It is difficult when you place man and the ways of man above Christ Jesus and His ways.

[@mikeschinkel]

@@alphaforce6998 - well, if that isn’t one hell of a non sequitur. 🙄

[@alphaforce6998]

@@mikeschinkel It's the truth. Life in this realm is our punishment for sin. It's not supposed to be great...but the trials and tribulations we all face here will become a lot easier to cope with when you place your faith in Christ Jesus. _"Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. For my yoke is easy, and my burden is light."_ Matthew 11:29-30

[@mikeschinkel]

@@alphaforce6998 - If may be the true in your reality, but it is not the truth in mine. Or said another way, believe what you want to believe, just don't be trying to impose it on me. BTW, your reply was still a total non sequitur in response to that which you replied to.

[@porknbeans7420]

I love that despite our "rights", we have to get bullied out of our cars (even when the stormtrooper can't articulate an actual crime), deal with that bs & be late for wherever we were going or worse (station) & all we can do about it is spend the day in court trying to prove we shouldn't have had to do any of that - our word against a cop's. No wonder people don't "just comply". There are people that get this treatment often & they get sick of it.

[@doug753]

and its getting much worse even

[@jasonamrhein9593]

Videos like this, with actual experts in a field sharing their expertise, are highly important.

[@AllenPendleton]

You can assert your rights and still be respectful.

[@michaeltuggle9602]

They can start following the law themselves and we will have much of an issue too.

[@donwaltman4276]

Great video Andrew, love the smoke screen!

[@masjut1]

Really like your videos. Thank you 🙏

[@mkivy]

Hello sir..thank you for the laws of ur state. I live here in Surfside Beach SC …of course different laws. Bless u and ur family…

[@PaulRubino]

Great video, Andrew. Thank you!

[@mosilver1572]

I liked that smoke effect in the video! It wasn't real obvious, but it was super funny!

[@masonjarhillbilly]

Great advise as always.

[@frankdoss6313]

Every time I watch one of your comments, I feel compelled to make sure I'm subscribed. Those accusing you of click bait can do a self-posterier lip application.

[@noahway13]

Or a MY posterior lip application.

[@KrunchDAV]

I love your vids! Very informative, very professional. As a disabled Veteran with significant mobility issues I have often wondered how should I handle the situation if I’m ever stopped by the police. Now I know. Thanks very much. One comment regarding wearing the US flag patch (I’m glad you wear it), the stars should be facing forward.

[@nmartin5551]

Jerry - way back when I was deployed, stars forward meant deploying troops. Stars to the left was simply the flag. I don’t know if that has changed. Personally I like the designation difference, since 90% of these people probably haven’t served much less deployed.

[@debtoralive4693]

That's how I've always understood it. When displaying, but not flying the US flag, the field of blue always goes in the upper left hand corner, regardless of which direction the stripes are pointed. Exception: when its a patch on military uniforms for reasons previously stated.

[@victotyorvalhalla]

Great information! Thank you!

[@willo7734]

This has become one of my favorite channels!

[@russr5128]

The video is genius. You were spot on addressing the police sycophant and his ridiculous advice. I don’t tell a police lover how to handle his police encounter, so how dare they tell me. I’ll be taking the advice of a defense attorney.

[@ConqueringFool1]

Andrew, just catching up on some of your excellent and fairly priced legal counsel, thank you. 😉 Two on topic queries, if I may. 1. If asked or ordered from a vehicle, can an individual bring anything with him or herself and have any legal expectation protecting from search& seizure? ie. Zipped/locked back/chest/fanny pack. 2. What, if anything in a vehicle has legal expectation of privacy? ie. Closed/ locked backpack, toolbox, suitcase, glovebox, center console, etc. Thank you for your continued community service (hopefully not mandated 😉😉) and most certainly please keep on dropping reason, knowledge, and experience for the U.S. citizenry, it's truly needed and much appreciated. 💯🏴‍☠️🎭🤙

[@stevedouglas5443]

Thank you Andrew, thanks to the SCOTUS, we live in a police state. They are all lawyers who should know better.

[@JeremiahLOsborne]

They only make those decisions because they know they will never apply to them. Their position has put them way above the law, and us commoners are forced to fight in their game.

[@theBear89451]

Drivers who exit their vehicle are often hit by traffic. Every driver's ed book says people should stay in their car. SCOTUS response, "We don't care about people's safety."

[@obijuan-]

Yes we do. I am hopeful that the newest Supreme Court Justice, a lady of color, is going to bring some different perspectives and decisions that will overturn many of those police protection guarantees, qualified immunities, and "its okay for cops to lie" attitudes. Fingers and toes crossed.

[@exhaustguy]

@@obijuan- Need two more after her to change anything and that is not happening. Even if one of the six retires or passes away, you think Manchin would support a tack towards more individual rights. Only if LEOs start staking out country clubs and popping those leaving will you get any change. The laws supporting pretextual stops only apply to the little folks.

[@klatubaradanikto]

Thanks for an excellent video & an actual follow up that addressed specific questions which is rare for this format. I do think it’s a good idea to lock the car. If the PC is against the car & not the person (the dog ‘alerted’ to the trunk area) then searching the driver for keys would be a 4th amendment violation. I agree that it will “irritate” the officer.

[@iamnolegend483]

I like the plug at 4:01. Those always get a chuckle out of me.

[@jeremyhill8245]

This is a great video, it does seem to focus on just the driver of the vehicle, how (in all the situations you outlined) does this affect passengers in cars?

[@mrpricklypear22]

Thank you for providing clarity to an abundance of questions.🤩

[@richardpickell8062]

Legend has it. Any fool that hot out of the car. Never makes it back into the car.

[@MarkZawadzki]

Cannabis is legal for personal use in NY. Your map @7:37 is out of date. This is a fairly recent change. At the moment de facto unavailable as dispensaries are yet to be licensed and the only way to legally obtain it is to grow it yourself. It's fairly easy to buy on the black market, though.

[@frostyab7579]

One other question that may be important I work for a defense contractor and sometimes carry sensitive documents with me in the car. Do I have to allow police to search my car and my briefcase carrying the documents? The problem is that if you're illegally detained, you still have to shell out money for a lawyer, car getting towed, lost wages, ... , and there is zero chance of you ever getting reimbursed.

[@jeffreypierson2064]

It is called a federal 1983 suit. If the municipality is in the wrong, they generally settle quickly to minimize costs.

[@tdumford1]

I love the added smoke effect.

[@clarenceclark8592]

I love your videos great psa keep it up

[@RepairGang]

I love the channel best attorney on KZbin

[@gaspursewing]

Please check this out. I do believe that in the state of Georgia if you refuse the quest, it is automatically a DUI charge or something close to that.

[@mochaandmuses]

Great video, sir!

[@rizz917]

Thank you, Andrew.

[@montewolf3570]

Awesome advice but could you do one on Motorcycle Club profiling and how to handle it when happens 💯👍💯❤

[@PJL7095]

My mother is Teresa and she’s been asked to exit the car numerous times. But seriously… we have multiple police jurisdictions near me. One of them likes to cross the line & sit in a business parking lot watching a 5 way intersection. My question are this…. What is your thoughts on police setting up traps from another jurisdiction. Also- some stop signs are technically in another jurisdiction. Do they have rights to give tickets if you fail to stop at a sign that’s posted in other area?

[@periii86]

4:25 it's a very good question and reminds me what happened a guy who was eating in McDonalds parking lot in Texas a few months ago.

[@nissanv6TT]

Marijuana odor can't be the sole reason for PC in Virginia. Codified in 46.2 on March 31st.

[@clairetellkamp6253]

Part of the danger with rolling up the window or closing the door is that officers might try the foot in door trick. If you roll up your window, they might stick their hand in the window. If you keep rolling it up, they "can" arrest you for assaulting an officer.

[@switchunboxing]

Awesome video and channel. What’s the protocol for reporting officers speeding or breaking the law? I’ve called in a couple times for cops speeding (they ALWAYS are) and they ask if I would like to report a complaint. Complaint? They are speeding. Shouldn’t they issue them a ticket? I got a ticket one time based solely off a witness. I was at work one day and a cop came in and gave me a ticket. He said a lady told him I was reckless driving… I went to court and lost. Maybe that’s different because reckless is a crime? Idk. This last time a cop was speeding in my new town I just sent them a photo of the license plate on Facebook messenger and told them what I had seen - including crossroads and times and roads and speeds. At first they ignored it but then a few days later I asked them what the status was. They said sorry they had been busy but they would file the complaint. I had told him that it’s speeding in a ticket needs to be issued. That was like in the original message. So then a week later I messaged them back and I said has the ticket been issued? Still no reply so accidentally last night which is a couple weeks after that, I sent them a message saying they are lucky I’m too busy to pursue this but they need to stop being fucking hypocrites. I’m probably on some kind of a list now unfortunately I probably should not have sent that last message but I was kind of pissed off because I drove past that street again remembering it. I told them they need to keep themselves in check.

[@markhealey3660]

I saw a video where a man was a paraplegic and several times TOLD the cops his situation. They kept escalating the stop and the man kept telling him his situation. Cops opened up the car door and yanked the man onto the ground ramming the man’s face into the road, very abusive they were!

[@robbiegarnz7732]

Respect the Blue but know your rights! If the cop orders you out you step out. If you’re not sure say “are you asking me or telling me?’

[@puppetpastor]

Thank you! Great content, and great new editing! Smoke was a bit corny, but I loved it none-the-less! Keep up the great work and even more so the great content. Your videos are always educational, but are also entertaining….thank you!

[@rydplrs71]

Andrew, could you do a review of the recent police shooting on active self protection ‘someone showed their gun to dc police’ or something similar from the perspective of don’t open your door, and exigent circumstances? Thank you

[@MarkBH70]

Great stuff!

[@whitebird357]

Cool videos. Thanks.

[@bobbyvarnell9350]

This guy has the most awesome bow ties.

[@charleshenderson6890]

Handicap? How do you get out? How did you get in? This is pure comedy at this point!🤣🤣

[@billkaline5072]

I watched your videos about what to do during and after a traffic stop. What I need to know is what happens after the stop is complete and you believe certain rights have been violated ie: How to show there are legal questions about the stop, who should know, do I always need a lawyer, who bears the burden of proof? Do all questions about traffic stops require me to bear any or all of the financial costs?

[@chriswillms2669]

Thank you for your advice. What if you are towing a RV. Can they search that without a warrant if they think there is contraband in the RV or is there something different in the law about searching RV's?

[@user-dx8nj7qj2g]

5:54 correct me if I'm wrong, but if they decide in the private carpark you are drunk, they can then arrest you for DUI under the assumption that you had to drive to the carpark, and had thus committed an offence.

[@Albert-my3yt]

This guy does the best job of explaining this stuff, I just hit the subscribe button.

[@repoman146]

hay brother, love the shameless busness plug. love what your doing. keep it up please

[@crystalhansen6783]

Thank God for you!

[@johnshields9110]

I have injuries to both hips; I can't walk a straight line, as I have to fall either left or right to support full stage walking. Sometimes, I rely on a cane, but after seeing an old guy get shot for reaching for his cane, I am very concerned about using one. Plus, it makes me look like an old guy (I am an old guy)!

[@dasbaus6647]

This has a number of variables to it, especially if you're not in the same state as Officer Andy. If you hold a CDL license, you CAN refuse but it can cost you the CDL marker on your license. While it states that it's a breathalyzer test, they have used this on two friends who then had to argue it in court, one losing the CDL endorsement on their license.

[@girldboro9834]

When I was around 22 or 23, I got pulled over (seemingly out of nowhere) in my bright red Firebird and was ordered out of the car immediately. I was so scared! It turns out there was a car jacking involving a bright red Firebird and the officer wanted to make sure I wasn't kidnapped and being forced to drive the car! Whew!

[@joepfeiler5911]

Make sure all you lights work. I had to have a little chat with an officer because my license plate light didn't work. No big deal because everything else checked out but I wouldn't have been stopped if the light worked.

[@regularprepperguy6210]

Go along to get along is why we're in the mess of cops seeming they have free reign over people in the first place. Bleeeped username.

[@a-liberal-patriot]

Do you do any kind of lecturing/guest lecturing at universities? I'm sure I'm not the only L1 (granted, from a few decades ago) who would better benefit from even this 10-minute video that slogging through a dry, dusty, boring chapter of a book. You make it easy to learn.

[@exhaustguy]

Videos like these could also be played in high school Civics classes. In fact Mimms and Terry should be part of any driver's ed curriculum. Of course the Driver's Manual should align with the law and police procedures regarding when you can proceed after being signaled to stop. The Manual says you can go to a lighted area, but the cop then can PIT you or stick a gun in your face for a felony stop where you "eluded" detention at 20 mph. No where in the Iowa Handbook does it state you must exit the car when ordered by a LEO. That should be in all caps at the beginning of the Handbook. It also seems I will make a different decision on where to stop given if I know I have to exit the vehicle or not. A shoulder that is not much wider than the car seems like a really poor place to pull over.

[@nonetheless01]

Im.not a person that drinks or consumes drugs so I really have nothing to hide during traffic stops, I have handled them this way and I have also answered thier questions and showed them.respect in all cases I was allowed to continue on after the stop however the times I politely remained silent I got a ticket every time , when I answed thier questions I got a warning about half the time . Something to consider if your only offenses are speeding .

[@Inpreesme]

Thank you

[@billkaline5072]

I've also wondered about the indicators that show when an interaction with police is consensual or voluntary if no flashing lights or other indicators are present? Is it best to not raise this issue and just let the LEO step into a trap of his pwn making?

[@cfour7672]

Tyvm

[@louisbrentnell2551]

Loved the shameless plug and smile!

[@AaronAlso]

I would really like you to compare and discuss two specific cases that may seem to contradict each other. Pennsylvania v. Mimms, 434 U.S. 106 (1977) Rodriguez v. United States, 575 U.S. 348 (2015) As I understand them... the officer must have reasonable suspicion for the extension of a routine traffic stop to be lawful; i.e. conducting a criminal investigation. A routine, brake light, turn signal, headlight, ect would seem to be distinguished in Rodriguez as different from a "Lawful Detention" under RAS of a crime.

[@daveconner9520]

hahahaha smoke going across the screen when talking about weed. Pretty funny.

[@OneNvrKnoz]

On the Audit the Audit KZbin channel, some poor guy had a police escalation because he rolled up his window prior to exiting the car.

[@exhaustguy]

What if they go hands on after a first refusal on a "request"? I have seen that happen on some videos. At that point you really can't tell if the driver is resisting or is just being rag dolled by a bunch of LEOs. In your first video another reason cops order you out is to get you away from your dashcam.

[@honestreviewer7788]

what steps can be taken to get your vehicle back and the cost of the tow after you have been arrested and beat the charges in court?

[@mrpricklypear22]

I understand envoking "The 5th". However, when asked "Do you have any weapons in your vehicle?", even if you don't, wouldn't saying nothing raise reasonable suspension to search? In addition, couldn't many items in your vehicle be used as a weapon like a pen to poke, a bat to hit, a steleto to stab, a belt to whip? So when does a item become a weapon? Thank you.

[@1SCme]

In criminal cases, pleading the 5th cannot be used as evidence against you, cannot form the basis for RS, and cannot form the basis for PC. The only exception I am aware of is some loitering laws, but that's a whole other topic. Note in civil cases, pleading the 5th can be used against you. The legal definition of weapon varies by jurisdiction, but using a general example: _A firearm, or a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, _*_in the manner it is used, or intended to be used,_*_ is capable of producing death or serious bodily injury._ A sword, throwing stars, pistol, police baton, etc. would be considered weapons because that is their intended use. Your examples of pen, bat, stiletto, or belt wouldn't be considered a weapon unless you actually used them as a weapon in an assault.

[@mrpricklypear22]

@@1SCme , thanks for your reply. The "intended use" is what I thought I'd hear. I'm always leary of that question because I've seen enough movies and read enough books where clever, experienced and/or desperate people have created and utilized items outside of their original intended use to threaten, attack and/or neutralize others.

[@suedenim9208]

@@mrpricklypear22 Unless you have a firearm, or have a substantial knife on your person the answer to the question is "no". Any other answer, including invoking your right to remain silent, is just plain stupid. If you have a legal weapon answering truthfully may reduce your chances of getting a ticket, or maybe even shot. If the cops discover something else and want to argue that it's a weapon the argument happens in court, and unless you were actually using or threatening to use something as a weapon when it has other legitimate uses it almost certainly isn't a weapon.

[@zappyeats2579]

@@1SCme most loitering laws are unconstitutional, that is why now most have been changed to loitering and prowling. Morals vs Chicago I believe.

[@1SCme]

@@zappyeats2579 Hopefully that's true - they should all be _but that's a whole other topic._

[@jaykrappenshitz4992]

There is talk about locking vs not locking door when asked out of the vehicle. I've watched videos where folks were instructed to get out "You don't need to bring anything with you." Then the next thing was the curb sit, then asked for license and insurance. "I'll get it for you, is it in the console or glove box?" I say lock the doors just for that reason

[@josephhautzenroeder7512]

Yep, that is the sneaky and sly way of them getting consent to get in your car. Then see if they can find any contraband based on plain view doctrine.

[@1SCme]

I always grab an envelope in my glovebox that has my proof of insurance and registration, place my driver's license in this envelope, place the envelope in my pocket, empty everything else in my pockets and lying open on my passenger seat and throw my coat over it, roll down my window, leave my keys in the ignition, and wait with my hands on the wheel. If I am asked to exit, all I have is the envelope and my keys in my pockets. I've never been asked to exit, but if I was I would announce I am rolling up my window to keep dust and fumes out, remove my keys on exit, ask the officer if the road is safe to exit as I start to open my door, exit when his head is turned, and lock the door behind me. I disagree with his recommendation not to lock your door - the officer might make a series of confusing statements or questions, your reaction might be considered consent. If your car is locked and he needs your keys, there is little chance for trickery. I would challenge the officer's ability to demand entry into your vehicle to get your information when you can offer to retrieve it yourself. I doubt a court would hold that you are required to give consent to enter your vehicle and search your personal items when you can retrieve these documents yourself.

[@suedenim9208]

The appropriate answer in that situation is "That's going to be impossible since I don't consent to an entry into my vehicle". They can either let you get paperwork or they can rely on their computer to locate government records. Them creating a situation in which you can't comply with a request to produce paperwork is *their* problem and doesn't eliminate your 4th amendment rights. That said, unless they've got a really good reason it seems unlikely that they'd order you our before asking for paperwork.

[@Acidburn3141]

This attorney is amazing

[@jackjones9460]

I prefer to avoid contact if possible and avoid conflict by not answering questions or volunteering information as much as I can.

[@4StonesHandcraft]

As a disabled person with severe heat intolerance I have wondered if I can be forced to turn off the engine/AC during a stop. On a very hot day I simply would not do it, because if forced to it would amount to murder.

[@Parents_of_Twins]

Andrew is absolutely right about not admitting anything. I got pulled over driving down a road in the middle of nowhere at like 12am. I was doing 70mph in a 55mph and the officer asked me why I thought he pulled me over and how fast I was going. At the time I figured being as forthright as possible would be best so I told him I was speeding and that I had been doing 70mph. About that point I realized that I had messed up because he hadn't gotten me via radar he just pulled the guy in the Mercedes over because that was the only car on the road and the idiot driver admitted to speeding and got himself a nice fat 15mph over ticket. You would have thought the jackass could have written it for 10 mph over as a thank you for me being so generous and fully admitting fault but nope. If I had kept my mouth shut I would have saved myself $250. Lesson learned though. Last time I got pulled over and the officer asked if I knew why he had pulled me over I said no. The officer was really nice and told me that I was in a 25mph zone and was doing 50mph but amazingly didn't give me a ticket. I had seen the sign but thought I had seen another that said 45mph hence the difference. I've got a heavy foot so have had a lot of interactions with the police, especially when I was younger. They should name some roads after me because I swear I have paid for them. Cruise control is a beautiful thing and keeps me out of trouble.

[@Zorander.]

For you it's easy to say, "go to court" (because you are paid) and let the court decide. But I am looking for those advantages that I can execute before/up to the point that I am arrested, because I don't want to pay for my towed vehicle impound fee, bail, fine and lawyer fees. I want to know what I can do to protect myself from the police and minimize my risk to those actions.

[@Anthony_Gutierrez]

One of the main reasons I've only driven a handfull of times in 3 years now are the road pirates. How often I see posts in veterans groups of them killing or attacking service members over literally nothing terrifies me. I've also had 4 cops pull guns on me and slam my face into a wall when I was 15 years old over a mistaken identity. Safest thing is to not leave your house anymore.