Terry Stops | What Questions Can I Ask?

[@robertmcgee7083]

Guess as far as citizens are concerned, just don’t answer questions. Don’t give consent for anything.

[@tacticalattorney]

It is definitely important that officers and citizens alike have a good understanding of the 5th Amendment's right against self incrimination.

[@robertmcgee7083]

@@tacticalattorney always thought it odd, that kids aren’t taught about their rights in school. Maybe it’s by design? An ignorant, disarmed populace is easy to control, abuse and extort.

[@CrazyGuyBlahBlah]

@@tacticalattorney And the 4th.

[@hollystarks1810]

Honestly, I truly hope our public, police and all public servants check your channel out. Thank you! We ALL NEED the EDUCATION.

[@tacticalattorney]

Thank you.

[@John-vm2ht]

The imporant thing for police to know is that the detainee has no obligation to answer ANY police person question.

[@excelence3866]

I also want to beg you my fellow Americans to learn your rights. KZbin is one of the best tools, there are many police auditors who question the police in their face and show how ignorant and tyrants those officers are. Watching those videos helped me a lot since I also didn't know my rights and I always used to give police permission to search my car during a traffic stop. Like many of you. But then after gaining a little knowledge of some traffic laws, I started to refused searches and it saved me BIG TIME !! I also learn that it's okay to record your interactions with police, If they have body cameras, you also have to record them. God bless cell phones, use it to record police ,theres no law that prohibits it and also ask for their name and badge number. According to their code of conduct they have to answer those basic questions . Anyway, I was driving and police pulled me over because one of my tail lights wasn't working. I didn't know that. I started to record the officer and ask for his name and badge number and I refused to answer his questions and/or let him search my car. He was an asshole and the situation was a little tense but I was very respectful all the time to look good on the recording. I also mentioned to him a couple of my rights and I asked him if I was detained or if I was free to go. With anger in his face , he gave me a ticket but let me go. Then when I got home, I transfer the video to save in on my computer to review it and feel proud of it. I contested the ticket , showed proof that I fixed the light and judge dismissed the case/fine. Little did I know, 3 years later, that very same police officer that pulled me over was involved in a corruption case/scheme. He was convicted among other things of planting cocaine and other drugs in citizens cars during traffic stops. He wanted to work for the narcotics department and did whatever it takes to escalate in a better salary position. So in summary, knowing your rights will save you from big trouble because you are dealing with corrupt and dishonest cops.

[@BiggerFatterBlog]

The truth is most of what this guy is saying, goes over the heads of the average American Gestapo agent, and in addition to that the prosecutors or prostituters don’t want their agents to be educated even if they had enough brain cells to understand the law. The criminal criminal criminal criminal justice system is in place primarily to create revenue. It’s not about protecting the meek from the wicked, because if it were, white-collar criminals, will be in prison, and a lot of them, like people who run corporations would be executed for crimes against humanity.

[@nuttysquirrel8816]

Thanks for sharing.

[@kentlbrown5810]

What most police choose to ignore is that to do a pat down during the Terry stop there must be separate fact to indicate a weapon is present. Once that hurdle is done, it must be separately identified that the weapon presents a current danger to the officer or the public. Officer seem to automatically do pat downs “for officer safety”. Officer safety is the last piece of the stop not the first.

[@miketyson1717]

Yeah they think they can ask you out of vehicle and pat down for weapons automatically anyone anytime for officer safety, which isnt accurate

[@briancollins1149]

Not a cop but appreciate your content.

[@tacticalattorney]

Thank you!

[@rimc8783]

The best thing for citizen to do it always answer a question with a question. This will confuse the officer since they always hire the lowest ID person to become a police officer.

[@Armed-Forever]

why do cops pat down illegally when they detain a person for speeding ? that’s not enough to pat down, where’s the presently armed and dangerous indications ?

[@John-lj8rv]

What everyone else needs to comprehend is they have the right to remain silent and need to do so.

[@mikealvord55]

Why can't they ASK anything they want? Doesn't mean you have to answer.

[@tacticalattorney]

New Mexico's constitution provides far greater rights than the federal constitution. Most states following federal case law would allow any questions that didn't unreasonably extend the length of the stop. New Mexico law strictly limits officers to question that are related to the reason for the stop. Thanks for the question, New Mexico is one of the only states I know of that expands rights this far. See State v. Tuton to see just how far they will take it.

[@John-vm2ht]

The detainee has NO obligation to answer ANY police person question.

[@hafsalinda]

Can you use the armed and dangerous standard spoken of in terry in the 27 states where the legislature decided to allow its citizens to carry a pistol on their person either open or concealed? Crime is the nexus, and what was a crime in ohio in 1965 is permissable today by statute. The requsite requirement can not be armed and dangerous to conduct a pat down. Logically it should turn to dangerous only as a justification to act. It can not be suspicion of the crime of carrying a handgun on your person in those 27 states in 2023.

[@holdingcopsaccountable6554]

You should looking into before cameras and after cameras, you will see the true criminals.😂😂😂😂😂

[@daddrums]

And then my dude throws Brand New into the intro 🔥

[@tacticalattorney]

If it doesn't rock, it's got to get off the stage lol.

[@daddrums]

@@tacticalattorney Police Officer from WA state here- Came for the content, stayed for the music! You got yourself a new sub!

[@tacticalattorney]

@@daddrums Thank you! Glad to have you here.

[@toddstanley3619]

Stopping for a traffic infraction is not a Terry Stop. For a Terry Stop to be legal the officer must have reasonable articulate suspicion the individual has, is, or about to commit a crime AND the officer has reasonable suspicion the individual is armed and dangerous. If either of those 2 requirements are not met then the officer is in violation of the 4th Amendment. Many lawyers don't want you to know this. Don't fall for it's for my safety. Do not consent. If the officer does not have reasonable articulate suspicion that you did, are, or about to commit a crime & uses coercion by threatening to arrest you state "I do not consent and I am doing this under duress".

[@bornfree3124]

This is how it should work, on 1/30/23 i have a jury trial, the stop was over 2yrs ago on 10/20/20, and the trooper stopped me for my legal daytime running lights, in daytime, he didn't have probable cause to stop me, i asked him for his articulable probable cause or his reasonable articulable suspicion, he said he stopped me for a light violation, i asked what light, he refused to tell me, i refused to provide i.d. until he gave me his probable cause to stop me, he arrested me impounded my private vehicle, charged me for interfearing with government operations, resisting arrest, led violation and no d.l., the judge entered a plea of not guilty for me, at trial it should been dismissed, instead the judge actually said " my opinion is that you are guilty of the light violation and therefore guilty of all charges" sent me straight to jail 12 months interfearing, 6 months resisting, my bondsman filed an appeal for me to get me out of jail, i hired an attorney and when he looked at my lights he said they cannot stop me for those lights, i now don't trust any public servants, if they are trying to turn all Americans against them it's working quite well, i worked armed security over dangerous section 8 housing projects before this illegal stop and i quit all security work over if police are this corrupt i no longer can trust them enough to work with them.

[@solosamuraiz1526]

Walking funny is considered enough in NYC for a stop and frisks aka terry stops. Suspicion is subjective to cop and could be based off a lie even . Judge found it in violation but her ruling was overturned and now stuck in appeals even tho stop frisks been found to be profoundly biased racially. 80% stopped black & 1/3. Of those encountered use of force, yet whites 3x more likely to have a weapon so it shows bias was intentional as nypd had them #s and possibly also violates 14th equal protection. These cases are eroding probable cause just a suspicion has and is a slippery slope.

[@Konformation07]

During a Terry stop I don't answer anything from the police. I won't say a word. I won't provide any ID (as long as I'm not driving a vehicle) or whatever. I do not like Law enforcement so I make sure to know my rights and exercise them to the fullest extent.

[@jakedode]

Another great video that gets a thumbs down for the terrorist desecrated American flag in the background.

[@user-qp8cu8jd3z]

This is excellent info for all, your podcasts and dialog are specific to police training, why not expand your audience by including citizens rights which would double your audience either way one of a kind recommend channel for all thank you

[@tacticalattorney]

Thank you so much for the warm comments. My company Tactical Legal Solutions primary focus is on law enforcement training. Throughout my career I have seen a lack of quality legal training for law enforcement so that is my primary focus. I have not ruled out the possibility of offering some courses for citizens to help better understand constitutional rights at some point in the future.

[@John-lj8rv]

Because government don't give a damn about citizens rights, and if cops were to know citizens rights they would be more likely to have qualified immunity revoked.

[@davidparisi4980]

You can ask whatever you want,,,whether they choose to answer or not is another matter,and if you press the point,to the point where it ends up in court and they have a good and aggressive lawyer,you better hope you have some evidence that backs up your suspensions and actions other than you thought you smelled or observed or were fearful of. That's usually where it cost the tax payers money as where the dept,town,county gets sued.

[@vermontmike9800]

Answer no questions and simply provide license, registration and proof of insurance.

[@leftjab6187]

If a cop asks where are you going or coming from, just say it's none of your business or say I don't answer questions, and no I do not consent to any searches

[@drcl7429]

I think NM is going a little too far with this. An officer should be able to say anything except maybe lying about the law when a legal rep isn't present. The one being asked questions should, however, as usual have the 5th amendment right to stay silent, and the officer or a court should not be permitted to infer anything from that silence. Seems to me that having this kind of legal situation makes investigation very difficult for police. It also seems to me that this type of ruling may create precedent for future supreme court rulings and infect other kinds of police interactions in future.

[@tacticalattorney]

Thanks for the comment.

[@antoniobonilla5588]

Plead the 5th...never talk to police

[@cfitzgduke]

How about some videos of what a citizen can do and what citizen must do with regards to what an officer asks or tells you to do?

[@tacticalattorney]

I appreciate the comment, and I am very happy that citizens have taken some value from the information I provide on the channel. However, the rules of ethics prevent me from giving legal advice. My channel is simply providing information for law enforcement to help them better understand the law. The law varies from state to state, you should consult with a local attorney about what your rights are when engaged in a police-citizen contact.

[@mariahani6259]

Can a Captain also sight out a search warrant

[@tacticalattorney]

Thanks for the question, you would need to refer to your state law. Each state varies on who can apply for a search warrant.

[@excelence3866]

Why basic citizens rights granted by the US are not taught to kids in school ? Then when I went to college to major in finance, I was forced to take some classes such as Art, Geology, Abstract reading that fell under "Generals" and which didn't serve a purpose for my field of study. Don't get me wrong, I like art, in fact, I'm also an artist, I paint, do sculptures and play several music instruments, but why the hell those classes have to fall under General courses?? Why not offer basic citizens rights courses ?? it's something that regardless your major or path is going to be useful for the rest of your life ! The government wants people to be ignorant because Detention Centers/Jails are one of the most lucrative business that generates millions and millions of dollars to the government and many of its branches, institutions and private entities and also to greedy lawyers.

[@lordofentropy]

This is just how it should be from the US Supreme Court down, not just in a state that actually understands the Constitution. I'm glad NM is reasonable about it, but it's just sad that this isn't how it is everywhere. - Cops shouldn't be able to do those fishing expeditions. They should have a specific reason to bother you, and the only business they have should be only that reason. - They shouldn't be able to bully citizens. "Can I search? No? Well you probably know we hear 'no' a lot from people doing bad things. Are you sure you don't want to let me search to just verify that you're telling the truth about not having anything illegal in the car?" This is for the same reason that there are laws and or ethics policies concerning teachers banging students, COs banging prisoners, doctors banging patients, bosses banging employees, etc. There's an inherent imbalance of power in that dynamic and many people are intimidated and will consent to something they don't actually want to do out of fear, or ignorance that they can refuse. - Cops shouldn't be able to lie. That's still just mindboggling. I've seen the interrogations of cops badgering some poor dude in a room, telling him they have him on video committing a crime and that he should just admit. One specific one I saw recently, they were doing this even though they had been told the suspect was white, and the guy they were trying to coerce into confessing was black. Kept telling him they had him on video and all of this stuff. He was in jail for two days or so, missing work, etc. It's immoral and when you are someone that can either ruin or even end someone's life, being able to lie is just ridiculous. - Civil Forfeiture is total BS. Police taking people's property and keeping it just claiming 'It could be for drugs" so that their department can go buy military toys to play soldier is ridiculous. That they can do this without a conviction, often they do it without even ever filing charges.

[@bornfree3124]

Point on, for being public servants and expecting the people to respect them and their authority they should at the least be honorable and trustworthy, which they are completely the opposite.

[@jameszeris5418]

One further point, I remember approximately 1980 I went to visit Astoria, Queens were I grew up I stayed with my friend Frank He was in the NYC POLICE ACADEMY Long story short, I helped him study I remember him explaining to me how they were taught the first thing yo do when arriving on a scene if possible was to DEESCALATE

[@hwhack]

Police can ASK questions, but the citizen isn't REQUIRED to answer.

[@holdingcopsaccountable6554]

You’re tell cops to lie!😂😂😂😂😂

[@ricladouceur6202]

Any question you want. Of course they're not required to answer and you can use questioning to extend the stop unreasonably. Problem is police confuse RAS with subjective suspicion where they can't articulate any criminal activity.

[@franklinhayes8673]

We don’t have to answer any questions. There’s no law that states I have to help you in your investigation. I can always plead the 5th.

[@bersatech]

federal law vs state law?

[@tacticalattorney]

In this video I discussed New Mexico specific case law. There is a much different standard under federal law.

[@oiuytv]

Is this only applicable to new Mexico officers??

[@tacticalattorney]

This is particular to New Mexico. So it only applies under New Mexico law.

[@MattPado]

@@tacticalattorney is this your location? Are you always referring to NM law?

[@MattPado]

@@tacticalattorney thats what im wondering......

[@tacticalattorney]

@@MattPado As a former NM prosecutor I'm well versed in NM law which is far different than most states when it comes to search and seizure. I discuss NM law quite frequently as I always mention at the beginning of the video if it's just for NM or 4th Amendment.

[@johnhebert3855]

This is nonsense. Police would never ask about the legality of anything THEY do because in their minds everything they do is legal by default.

[@johnbaird7549]

Top shelf on the right, disrespectful flag. 3:15

[@jameszeris5418]

If you get a chance, see Long Island Audit excellent work Danbury Connecticut Audit Horrible police conduct I believe these videos would be excellent for cadets training to police officers

[@jlk566]

Teaching how to fish effectively. Not being Leo I learned don't answer questions, police WILL lie. And I carry 3 cameras..thax

[@haroldtalaski4955]

You lawyer sAy this but the cops don't follow the law and lawyer's and judge let it happen

[@cavsarge11]

Why are cops trying to BUILD reasonable suspicion on the stop? Is that the end goal of every stop? Wow, Terry v Ohio needs to be overturned because you are giving these cops way too much power.

[@philipstanco6011]

Just subscribed.

[@tacticalattorney]

Thank you!