The Police Want To Search You… (Should You Consent?)

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USCCA

USCCA

Күн бұрын

Пікірлер: 1 200
@USCCAOfficial
@USCCAOfficial 3 жыл бұрын
VOTE: Would you consent for the police to search your car in this scenario?
@jaynecobb1
@jaynecobb1 3 жыл бұрын
No. Never consent to a search.
@philgraves7814
@philgraves7814 3 жыл бұрын
No
@paulebelmesser2699
@paulebelmesser2699 3 жыл бұрын
NO!
@helidude3502
@helidude3502 3 жыл бұрын
NO
@704ab
@704ab 3 жыл бұрын
No. Never give up your rights.
@davefuelling7955
@davefuelling7955 3 жыл бұрын
The answer to "Do you mind if I search your car?" Is "Yes, I do mind. I do not give permission for any searches."
@strongblackliquor
@strongblackliquor 3 жыл бұрын
🎯
@ColonelEmpire
@ColonelEmpire 2 жыл бұрын
When asked that question *NEVER* use the word "yes". Just say "NO! I do not consent to a search".
@HD-J.R.
@HD-J.R. 2 жыл бұрын
@@ColonelEmpire spot on. That exactly what I was going to write. Never say 'yes', that might be all they hear. 'I do not consent to any search.'
@---cr8nw
@---cr8nw 2 жыл бұрын
@@ColonelEmpire, the question is asked in reverse. "Do you mind..." If you say "no" it could reasonably be interpreted to mean that you do not mind. And it's asked in reverse like this on purpose. Whether you say "yes" or "no," it can be construed as consent. "I do not consent to any searches."
@ColonelEmpire
@ColonelEmpire 2 жыл бұрын
@@---cr8nw that's what i said
@TTony-tu6dm
@TTony-tu6dm 2 жыл бұрын
I was a cop for 30 years. NEVER CONSENT TO A SEARCH OF YOUR VEHICLE OR HOME.
@marksage5722
@marksage5722 2 жыл бұрын
Can you give some real-life examples of rights being violated due to allowing a search??
@hrdkorebp
@hrdkorebp 2 жыл бұрын
Unless you’re a bad guy, then ALWAYS consent.
@hrdkorebp
@hrdkorebp 2 жыл бұрын
@@marksage5722 if the search was allowed, no rights were violated.
@marksage5722
@marksage5722 2 жыл бұрын
@@hrdkorebp hmm... I try not to negotiate with terrorist's.
@Jeremy-kq5bs
@Jeremy-kq5bs 2 жыл бұрын
How many times did you bring the K9 out for an open air sniff of the car? That's what they do if you refuse. If the dog sits, they say that's probable cause, and search anyway.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
Whenever a police officer asks for permission to search, politely refuse and clearly state “I am not consenting to any searches of myself or my vehicle…..most of the time the officer is going to say something like “well if you have nothing to hide, what are you worried about?” You ARE NOT required to give them an answer, but I’ve found that one response that tends to “disarm” them and get a laugh out of them is “sir/ma’am….I just started dating a really hot defense attorney and he/she is never going to let me get any if they find out that I consented to a search”
@luxuryxcoffin
@luxuryxcoffin 3 жыл бұрын
I will use this.
@Desperado3248
@Desperado3248 3 жыл бұрын
I have nothing to hide and you have no probable cause to suspect I have,correct? So we are finished here
@Niagara716
@Niagara716 2 жыл бұрын
😂🍻😎
@jdb3160
@jdb3160 2 жыл бұрын
You win 🏆
@bigtobacco1098
@bigtobacco1098 2 жыл бұрын
@@OneLoneMan you sound like you have a lot of movie experience with girls
@Brees1986
@Brees1986 3 жыл бұрын
The question “Would you mind if I searched your vehicle?” is loaded. Generally speaking, you would say “no” to a request to search your car. When the question is phrased “would you…”, the answer “no” actual GRANTS them permission to search. The proper answer is always “I do not give permission to search my car”. There is no ambiguity in that statement.
@JesusPwnsYa1
@JesusPwnsYa1 2 жыл бұрын
What if they cut you off after "I do not"?
@tyrius_herne2716
@tyrius_herne2716 2 жыл бұрын
I do not concent to a search. Something that can be said voice shaking hands shaking.
@Zoroaster4
@Zoroaster4 2 жыл бұрын
I always reply with "I'd rather not". I don't get why I've been asked so many times. I hate when they do ask, cause you know they're gonna ask some kid and they aren't going to feel as comfortable saying no to the officer. Especially the cop when I was 16 or 17 and after I said "I'd rather not" he asks "well why don't you want me to". I personally wish it would be against the law for them to ask, and only able to when they have probable cause.
@billf9847
@billf9847 2 жыл бұрын
NO, is not ambiguous. No means no. I am not sure where you are going with this.
@Brees1986
@Brees1986 2 жыл бұрын
@@billf9847 If an officer asks “Do you mind if we search your car?” and you answer with “No”, you have JUST GRANTED PERMISSION. Go back and read what I said. In this case, “no” provides consent. Reading is fundamental.
@napalmstickylikeglue
@napalmstickylikeglue 3 жыл бұрын
When I was a kid, a friend and I got pulled over in by the MSP. Claimed my tags were out of date for the excuse for the stop. However almost immediately they required us to exit my truck and proceeded to interrogate us for no reason. Then proceeded to ask me over and over if I would consent to my truck being searched and he told me that we weren't going to get let go until I consented. Being a stupid kid I didn't know any better and allowed him and his partner to search. The search yielded nothing and magically the tags on my truck came back valid after they were done going through everything. I learned my lesson and never let them search anything or cooperate in any capacity that you aren't required to by law.
@RicardoRoams
@RicardoRoams Жыл бұрын
When I was young I got pulled over with a friend who was riding with me. I was pulled over for having a tail light out. I had replaced the light a week prior. But there was a short in my wiring and it was out again and I didn't know it. As I pulled over I found myself on the edge for some railroad tracks. I continued to pull a little farther for safe clearance. When the cop came up to my door he asked me why I didn't stop right away. I pointed out the obvious which he refused to believe. He accused my friend of opening the door and throwing something in the gutter. That was his probable cause and he order us both out of the car. They did not cuff us but had us sit on the curb. They tore my whole car apart, including my back seat. I had a VW beetle and the seat came out to access the battery. Everything in my car was spread out on the sidewalk. Fortunately, I've always kept a clean car and there wasn't much. They were finally satisfied and gave me a warning about my tail light and drove off. I had to put everything back myself, of course. These cops clearly lied. My friend never opened the door. They used it as an excuse to search the car and us. We had no drugs on us. That was the start of my education of my rights when I'm pulled over by the police.
@robertmckinley2030
@robertmckinley2030 Жыл бұрын
There is supposed to be a time limit to their detainment. They cannot hold someone indefinity.
@surfingonmars8979
@surfingonmars8979 3 жыл бұрын
As a former prosecutor AND defense atty, if you have a CCW and properly announce it, politely and safely, to the officer pulling you over, you can also politely and safely decline the search. I will add, it is an awkward position, but there is no reason to consent. Like pleading the 5th, there is no conclusion to be jumped to from the invocation of the right. To decline the search request means nothing except that you have declined.
@meritholdingllc123
@meritholdingllc123 3 жыл бұрын
"That doesn't make them bad." No, if a cop is asking permission to search your vehicle, with no probable cause, yes, that does make them bad. They have no reason to search or request a search unless they are indeed fishing for a crime. This makes them bad people, even if you think it makes them good cops.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
Correction, if they are asking for permission they are already “fishing for a crime”, when they have reasonable suspicion/probable cause that a crime was committed and they believe that you committed that crime, they WILL NOT ask for your consent! If they’re asking for consent that means they know that they have no legal basis to search without it!!! Just remember…..you CANNOT talk yourself out of being arrested, but you CAN very easily talk yourself INTO being arrested!!
@a-a-ronbrowser1486
@a-a-ronbrowser1486 3 жыл бұрын
Nailed it
@michaelroach2959
@michaelroach2959 3 жыл бұрын
Making up or exaggerating probable cause would make them bad. Anything that happens with consent is completely within the law and the constitution. There's nothing bad about fishing for a crime when it's literally a police officer's job to stop and prevent crime. If you think they're bad fishermen, that's something to take up with your local law enforcement agency, but officers ask for consent to search people and vehicles because it's far more effective than you might expect.
@oscargerrich6196
@oscargerrich6196 3 жыл бұрын
@@mostlypeacefulmisterputin use use by
@hotrodray6802
@hotrodray6802 3 жыл бұрын
its the cop game they all 0lay for fun
@kingkong7617
@kingkong7617 3 жыл бұрын
I spent 50 years in law enforcement and if you are stopped by the police, they do not have the right to search your vehicle without your consent or a search warrant issued by a judge with probable cause. If the officer ask if you have any weapons, I would say yes and show him my carry permit, but do not pull out the gun. There is no reason for the officer to ask to see the weapon, but they may ask where it is at and I would say it is on my person and they would tell you to keep your hands on the steering wheel for their safety. Never agree to a consensual search.
@lawson9102
@lawson9102 3 жыл бұрын
I was in law enforcement for 20 years and have pulled over many armed citizens never once did I feel I need to pull my weapon on anyone for having ammo and a holster if they had a gun in the car I still did not pull my weapon without cause if I was looking for an armed suspect i might be more aggressive but to pull a weapon on a citizen for having something that is legal well to me that would be assault and I would be the aggressor
@SirenaWF1
@SirenaWF1 3 жыл бұрын
@@lawson9102 But there are so many police who just seem to not care about your rights.
@michaelwelch1980
@michaelwelch1980 3 жыл бұрын
King Kong 31 years for me and I agree with you they say no get in your car and drive away, Since I've been retired I've been stopped three or four times, first thing I say Before I start reaching for stuff is "I'm armed and I have Federal concealed carry permit" they ask where my weapon is and where my Id is. One of the times was in Moab, the guy went back to his car cleared me came back and said you know you're really putting me in a bind, I told him "Listen Brother if you need to write me a ticket to keep your boss happy write me a ticket he replied no gave me stuff back and drove away.
@bobhoffman5581
@bobhoffman5581 2 жыл бұрын
@@OneLoneMan LOL
@richeyrich2203
@richeyrich2203 2 жыл бұрын
Many of the duty to inform laws give the officers the power to disarm you for the duration of the interaction
@christopherwaldron8139
@christopherwaldron8139 2 жыл бұрын
As a 18 wheeler driver I would like to see yall do a series for us legally armed truck drivers to include this subject. The legality lines are a bit blurry on a lot of things especially when it comes to the anti gun states alot of drivers drive thru. I get great information out of these videos but would like to know more information when it comes to the commercial transportation aspect on a lot of the issues that yall cover for the non commercial drivers. Keep up the great videos and training.
@Boskibro
@Boskibro 2 жыл бұрын
I doubt the laws change. You have to be super careful and follow all individual state laws.
@smokepeddler
@smokepeddler 3 жыл бұрын
Never ever give consent. Even if you have nothing to hide.
@christophurbautista7264
@christophurbautista7264 3 жыл бұрын
Your a good man Mr. Mcclusky. I’m not the biggest fan of police and I say this as an ex LASD Explorer, but when men like you take up the uniform, you honor it. Don’t get me wrong I’m always respectful when dealing with law enforcement officers because I understand their utility in rule of law and sustaining order, and also the practicality of my reasonable disposition in the interaction and in court; however, I know better than to think they are my friend or are in any individual’s best interest. There is too many cops that could give a rats a55 about the constitution, but the service you’re providing here is truly patriotic. So for what is worth coming from a stranger on the internet, thank you for fighting for my, yours, and our inherent, natural, and constitutionally protected rights. Merry Christmas.
@christophurbautista7264
@christophurbautista7264 2 жыл бұрын
@@OneLoneMan ?… sure.
@shadowgarr7649
@shadowgarr7649 2 жыл бұрын
The question remains. How many bad apples has he taken down? That's the measure of a good cop.
@tc6818
@tc6818 3 жыл бұрын
When he was in college, a coworker was driving from Milwaukee to Chicago and got pulled over. He consented to a search of his vehicle and the officer proceeded to take everything out of the car including the spare tire. There he was on the side of the road with all his stuff outside the car. It started to rain and the officer just said, "you're free to go", got in his cruiser and left.
@MauriceLeviejr
@MauriceLeviejr 3 жыл бұрын
Let me guess, right by Racine?
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
That’s how it usually goes!!!
@ChaplainBobWalkerBTh
@ChaplainBobWalkerBTh 2 жыл бұрын
Happened to me in Miami on interstate 95 and I got to spend 30 minutes packing my things back into the car with trucks zipping by at 60 miles per hour. Officer I DO NOT CONSENT to any searches
@cuttnhorse2013
@cuttnhorse2013 2 жыл бұрын
That sounds like TSA, going through your luggage, throwing it all around and then say ok, you can go, leaving all your stuff on the table that was neatly packed in the first place. I had that happen years ago in Wichita,Ks. I tried to help them unpack my case, not to create a mess, and they made me step back. So after the search, they left it a mess. I had just gone through Flight Safety school with books and all my clothes. I refused to repack, and told them I tried to help them in a orderly manner, but they got pissy. They had to repack my bag! It took me 2 hours to get to the gate, but they pissed me off!
@anitaparks8945
@anitaparks8945 Жыл бұрын
​@@cuttnhorse2013 make sure to pack a large Dil.. under the first few clothes...when they saw that,the digging slowed down
@livellfamilytrucking
@livellfamilytrucking 3 жыл бұрын
The biggest advice he should have given is the side of the road of the road is not a place to argue your case
@Datrebor
@Datrebor 3 жыл бұрын
Before listening to the video my answer would be a flat out NO. Never let them search you or your car, ever.
@gunsandpolitics5510
@gunsandpolitics5510 2 жыл бұрын
Same answer before listening to the video and after listening to it.
@tommorrison8424
@tommorrison8424 3 жыл бұрын
Great info. I keep my cars clean, but it could be possible there could be an empty ammo box or even a loose round...not at these prices today, but still. Thanks.
@USCCAOfficial
@USCCAOfficial 3 жыл бұрын
Thanks
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
Not to mention that if you bought the car used, or have allowed someone else to drive it at any point there could be something as trivial as a single prescription painkiller in some crack/crevice that you can’t even twist your head enough to see….but most cops know where things tend to fall and land and they WILL find it, and they WILL NOT reciprocate that same good faith that you gave them!!!
@seanomeirs8362
@seanomeirs8362 3 жыл бұрын
@@mostlypeacefulmisterputin I rented a car from Enterprise a few years ago, and the employees did a rush job on the clean up. They didn't even open the trunk lid, because if they had, they would have seen a Colt .380 magazine that I found later, right in plain sight. I also found a crack rock between the seats. I can only imagine what was going on in that car the night before I rented it, and I wonder what would have happened if a dog had alerted at a checkpoint, and the car was searched.
@batboy555
@batboy555 2 жыл бұрын
@@seanomeirs8362 how do they miss that. Well I know my company does hertz. They suck
@seanomeirs8362
@seanomeirs8362 2 жыл бұрын
@@batboy555 I let them do a rush job with the cleanup, but the magazine was in plain sight. I guess not everyone knows what they look like.
@contemporaryprimitiveman3469
@contemporaryprimitiveman3469 2 жыл бұрын
I got run off the interstate near Chicago at night by a tractor/trailer and ended up in the median. I got out to look for damage to my pickup truck and to see how best to drive out around a culvert and big drain box. A state trooper pulled up and spotlighted me next to the vehicle. He kept shining his light in my eyes and asking if I was impaired and for consent to search my vehicle. I denied both. He got an attitude but I explained how I got in the median and continued to deny permission to search. It wasn’t until 2 other troopers showed up that he finally gave up. With permission I drove back onto the roadway but he followed me for several miles.
@Ocerkin
@Ocerkin 2 жыл бұрын
"illegal to resist an illegal officer action in some states" this, this right here is ridiculous
@lucase6407
@lucase6407 2 жыл бұрын
The issue is, that laws have to be there for the many people who DONT understand their rights. So many people think an officer is doing something illegal when they're not. It's better to just make a blanket law like this. It's what court is for, and it's why, even if you've done a serious crime if the evidence is obtained illegally it's thrown out in court. It's extreme on both sides, so it brings equality with it. It's not right, but what alternative would you suggest?
@MrDeathhead76
@MrDeathhead76 2 жыл бұрын
Got pulled over once for speeding had my 45 in my shoulder rig . Cop never freaked just wanted dl and the rest and let me go with a warning. Told him about the other 2 guns in my truck never wanted to search God bless a red state like Idaho. The cops follow the constitution and respect the rights of the people.
@shadowgarr7649
@shadowgarr7649 2 жыл бұрын
Until they don't. Recall Ruby Ridge?
@safetywithdrew
@safetywithdrew 2 жыл бұрын
@@shadowgarr7649 Ruby Ridge was Federal US Marshall's then FBI took over. We are still leery about Feds in theses parts 30 years later.
@ColonelEmpire
@ColonelEmpire 2 жыл бұрын
@@shadowgarr7649 That was federal Nazis in the Clinton regime.
@ColonelEmpire
@ColonelEmpire 2 жыл бұрын
@@iamtheoffenderofall Double negative. Words have meanings....definitions will sink you if you are not careful.
@nathanhiggers7186
@nathanhiggers7186 2 жыл бұрын
Are you white?
@frosty3693
@frosty3693 3 жыл бұрын
Not consenting to a search also limits the police's ability to plant "evidence" in your car.
@jeremydunn9978
@jeremydunn9978 2 жыл бұрын
I just posted that. You are absolutely correct.
@jlb9074
@jlb9074 2 жыл бұрын
Precisely why I would never consent. I have zero trust in any LEO who wants to search my car.
@markmalasics3413
@markmalasics3413 2 жыл бұрын
@@jlb9074 LOL, explain why a cop WOULD plant evidence?
@alexandermoore5024
@alexandermoore5024 2 жыл бұрын
@@markmalasics3413 Bad do cops exist they can plant anything in cars for any reason. In generally I think it is not a good idea to Consent to strangers having access to your car.
@ColonelEmpire
@ColonelEmpire 2 жыл бұрын
@@markmalasics3413 Corrupt cops.
@denniskasza6069
@denniskasza6069 3 жыл бұрын
I have a friend who was going shooting one day with his guns and got pulled over he told the officer he had a ccw and was asked if he could be searched, he gave his consent was searched his vehicle was searched yielding his "arsenal" including a class 3 full auto with papers was placed in the back of the squad car in cuffs the officer was so proud of himself had all the guns on display. My friend an ex sheriff deputy for the neighboring county had him get the supervisor and got an apology for the situation but only after it was over. Not my only story about guns and police with this friend oddly enough.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
No offense but it’s just baffling that someone who has gone through the BS to acquire a class 3 full auto weapon wouldn’t understand exactly why he should NEVER consent to a search!!
@evaneason6906
@evaneason6906 2 жыл бұрын
@@OneLoneMan hahahaha
@DDVgamingpros
@DDVgamingpros 2 жыл бұрын
ya know whats dumb about this story? the fact that law enforcement and the military get access to full automatic weapons but me a civvie can't. kinda hard to defend against domestic threats ie the police/gov/military when they get access to tools we civvies don't.
@denniskasza6069
@denniskasza6069 2 жыл бұрын
@@DDVgamingpros you can get full autos you just have to apply for a class 3 license ($200 nonrefundable wait time approx. 1 year) and pay an extreme amount for a pre 1984 full auto that is how my buddy did it, but you can get it
@daltongarrett7117
@daltongarrett7117 2 жыл бұрын
@@denniskasza6069 it's not a license it's a tax. If you wanna get technical it's an extortion fee.
@themightypen1530
@themightypen1530 3 жыл бұрын
I got pulled over once and the police wanted to search me. I told them I did not consent and that I didn't think they had probable cause for a search. They actually listened and ended up not doing a search. Good thing too...
@gw6496
@gw6496 3 жыл бұрын
Bet they would not treated me like that👌🏾
@zunino631
@zunino631 3 жыл бұрын
When you live in USA foi are right, but in bananas republic you should follow the office to the Police Station. God bless you and America.
@youtube.commentator
@youtube.commentator 2 жыл бұрын
@@gw6496 cuz you have a crack pipe and a hi point in your lap
@tc6818
@tc6818 3 жыл бұрын
Many times the officer phrases the 'can I search your vehicle' in such a way that it is unclear (in that moment) whether the proper answer is yes or no. For example: - "You won't mind if I search your vehicle." - "You don't have anything to hide, so I can search your car, right?" I believe officers are even trained on how to ask compound questions to obtain the response they're looking for. I'm not a lawyer, but from what I've learned, once you grant them permission to search the vehicle, you can not rescind that permission. (Unlike the 5th amendment you can invoke at any time)
@piranhaplantX
@piranhaplantX 3 жыл бұрын
The only safe response is probably "I do not consent to a search" and after that, it depends on how far they want to push it.
@josephhautzenroeder7512
@josephhautzenroeder7512 3 жыл бұрын
Even if you grant them permission, you can revoke permission at any time. It’s like saying you can’t kick a cop out of your home after you’ve invited him in. You can invoke your rights at any time, but you have to invoke it. What cops do after is on them.
@kitbuilder3027
@kitbuilder3027 3 жыл бұрын
I carry much of the time and have possessed a license to carry firearms for over 46 years. I used to provide my carry license along with my driver's license and owners card if I was stopped by the police. When I provided this information, the officer would naturally ask if I was carrying now. I would affirm that I was. There was never any more conversation about it. Now, what I have been told by police officers is that they really don't care that I am and would rather not know, which I used to find illogical. However, the logical side of this is that if I was willing to declare that I was carrying, I had already defused the situation
@JoeMac1983
@JoeMac1983 2 жыл бұрын
I'm in Michigan. If notifying the officer of your carry piece isn't the first thing out of your mouth, then they can and will likely fine you. I think the first time you forget it's a fine, the second time is losing your license.
@kitbuilder3027
@kitbuilder3027 2 жыл бұрын
@@JoeMac1983 Hi, My experience also consists of my time on church security and my attendance at concealed carry seminars. Believe me when I tell you that the subject always comes up, along with things like liability of the church with regards to response. When the police were asked if they felt it was appropriate to inform them that I was carrying, I thought it was incredulous that they would rather not know. I would think that if you were forthcoming in your declaration, they would be more at ease with the traffic stop. Someone unwilling to reveal their carry status would be more of a cause for concern, in my opinion.
@kitbuilder3027
@kitbuilder3027 2 жыл бұрын
@@JoeMac1983 This is one of my concerns about Constitutional Carry. Right now there are at least 50 different sets of rules and in some cases more if local municipalities interject their own nuances. Who will decide what the plan will be for Constitutional Carry? I can see where you will have at least 50 different entities vying for their input on the plan.
@MechanicalMafioso
@MechanicalMafioso Жыл бұрын
@@kitbuilder3027 They assume everyone is carrying. Your notification of such means little.
@jameskent4411
@jameskent4411 3 жыл бұрын
If they suspected you of having a weapon, removed you from the car and I assume searched your person and placed you in a squad. How can they claim officer safety to search the car that you are no longer in?
@bo-uj3cy
@bo-uj3cy 3 жыл бұрын
There is precedent law that limits the scope of a search incident to arrest. For example a search after an arrest for driving with a suspended license is prohibited.
@seewhy7761
@seewhy7761 3 жыл бұрын
In Nevada you dont have to inform the police that you have a weapon in the car. Also, NEVER consent to a search, EVER!!!!
@USMC6976
@USMC6976 3 жыл бұрын
Some States require you inform the officer you have a weapon. In those States you tell the officer. In other States it should not matter. Officers, in those States where you are not required to inform, that go ballistic and lose their temper because you did not tell them should lose their jobs. They are unfit to serve.
@MonkeyJedi99
@MonkeyJedi99 2 жыл бұрын
Hey now, ignorance of the law is no excuse... unless your job comes with qualified immunity. Then you can fake it 'till you make it and get a pat on the back.
@Razor-gx2dq
@Razor-gx2dq 3 жыл бұрын
In some states you don't have a duty to notify a LEO that you have a firearm. USCCA has a section on this subject for every state.
@BillSmith-rx9rm
@BillSmith-rx9rm 3 жыл бұрын
It's stupid to have to notify them anyway. They know you got one when your license plate is ran through the computer. It pops up right on their screen before they even get out of the car and approach you.
@Heather-xm9ul
@Heather-xm9ul 2 жыл бұрын
@@BillSmith-rx9rm no, that depends on where you live. In states worth living in, you are not required to have any licensing of any kind to open carry. In even better states, you are not required to beg for your rights to carry in any fashion, concealed or open. If you didn't go begging to use your rights, then they have no information when they run your license.
@BillSmith-rx9rm
@BillSmith-rx9rm 2 жыл бұрын
@@Heather-xm9ul and that goes to the other argument about this, in that all police officers approach all vehicles they stop with the thought in mind that there could be a weapon in the vehicle. I forget which court case it was on court TV, but it was brought out in a trial that all police officers are trained to approach a car with the assumption that there is a weapon, until proved otherwise.
@asheylarry8213
@asheylarry8213 Жыл бұрын
They don’t always know that after running a plate and that’s assuming they ran the plate and all of the information is correct and the vehicle is in your name
@0megaJB
@0megaJB 3 жыл бұрын
There is a good set of videos on KZbin about not talking to the police from a defense attorney and former dectective's perspective, they are worth a watch.
@foofyguy
@foofyguy 3 жыл бұрын
No duty to inform in my state, unless asked. Since the Philando Castilo incident, I follow the "don't ask, don't tell" policy.
@1988ruger
@1988ruger 3 жыл бұрын
Just stumbled across this channel, absolutely loved this content.
@MMMadman0991
@MMMadman0991 3 жыл бұрын
One Automobile, except maybe for company vehicles, should have the same 4A protection that your home does
@PBVader
@PBVader 3 жыл бұрын
Common use, rights vs "privilege". I see your point, they don't tho.
@godzilla7148
@godzilla7148 2 жыл бұрын
The part when he said "Good cop's know and defend the Constitution." That made me think "All 6 of them in the U.S.?"
@billbailey4641
@billbailey4641 3 жыл бұрын
Thank you Kevin you do a great job we need more training videos
@lph1947
@lph1947 3 жыл бұрын
Stopped, officer ask for license & insurance. Handed him both along with CCW card. After checking in his vehicle, came back, said plate sticker expired. Politely said i didn't have to but wanted to know what was carrying? Ask if could show him and passed it to him. i says got another if you wanta see it. He says sure and i do. We talked bout 10 minutes then he said to get sticker renewed asap and walked away. i did within 1 hr. and left msg with his dispatcher that was done. This in Zebulon, NC. Great respect for this officer.
@vicdiaz5180
@vicdiaz5180 3 жыл бұрын
The only part of your personal story that I disagree with is when the cop saw the Ammunition and holster and yelled at you. he had no right regardless of suspicion because those items are inside your vehicle and not in a public space. You also pose no threat so there was no need for the cop to go 0 to 100 That’s like someone walking down the street concealed carrying and a tip of their grip is showing and a cop yells “hands up” just because he saw something that he is scared of. Interior of vehicles should be treated equally as the home version of Castle doctrine. What if a person lived in a mobile home and They got pulled over how do you argue that one in court since it’s the persons home? Your home is your castle right?
@meritholdingllc123
@meritholdingllc123 3 жыл бұрын
I was thinking the same thing. Seeing an empty holster and some rounds is not probable cause for anything, let alone going off the deep end panic. If a person had a holster and was carrying a gun, I'd say the odds of that gun being in a pocket or waistband are very low. If you are responsible enough to buy a holster, you are very likely to use a holster. I see no justification for the cops reaction. I expect Kevin, as a cop, likewise did nothing otherwise to raise suspicion. This cop overreacted, plain and simple. There was no legitimate reason for Kevin to be detained any longer than it took to address the alleged traffic violation.
@smokepeddler
@smokepeddler 3 жыл бұрын
Motorhome
@frugalprepper
@frugalprepper 2 жыл бұрын
I remember getting pulled over with 4 people in the car on the way back from a Gun Show. "Trooper, we all have a concealed carry license, I have 3 handguns on me, he has two, and he has one... Bob how many to you have? Bob: I have 5 but only 4 of them are loaded, and I have a shot gun on the rear dash. Me: We also have 2 SKS's a few AK-47's, and a AR-15 in the trunk and several thousand rounds of ammo... We are on our way back from the gun show." Trooper: "Was like no problem, I just pulled you over to let you know you were going a little to fast around that turn, especially in the snow. I am just going to let you go with a warning, have a nice day. He never even asked to see my license.
@johnsunlight
@johnsunlight 3 жыл бұрын
A question I would love to see pursued is "How far do Officer protection laws go when the civilian has a gun AND a legal carry permit?"
@davidgiles4681
@davidgiles4681 3 жыл бұрын
If I were a cop and 1st - you have a gun 2nd - you have a legal carry permit 3rd - the weapon is on you and while with permit (while in card) Let us start with a scenario: I am Officer John Doe ABC PD. I pull you over and see an open carry gun I then ask if you have a permit for said gun (if said state has one) If you reply, "Yes Officer, I do. The permit is in my pocket (where the gun is). How do you want to proceed?" My reply will be (IAW Mimms v Penn) -- Sir, please exit the vehicle with your hands away from your weapon. Remain here until backup arrives (it arrives 5 minutes later) I want you to carefully (while my backup covers you "sir if you make any move other than in your pocket, he will shoot you."). The person withdraws the permit and I check it. It is valid and current. Sir, "I want you to remain outside the vehicle and keep your hands on the vehicle. The reason I stopped was (input reason). Under mimms v Penn - SCOTUS gave me the authority to do what I did. You are clear to legally possess the gun. Me - Sir, in the future - have the card in a place where you can see it and not reach for it or put your hands in the pocket near the firearm. I suggest that you purchase one of those things that you attack to your sun visors and keep it in there while traveling. that way, I am sure you are not reaching for the gun.
@MauriceLeviejr
@MauriceLeviejr 3 жыл бұрын
@@davidgiles4681 you’re not my mommy. I don’t consent to any searches, I invoke the 5th, and you can call Tom. I’m a client.
@PBVader
@PBVader 3 жыл бұрын
@@davidgiles4681 equal rights, equal lefts. Better leave well enough alone, or the same could happen to you. Oh, that's right, you just flash the badge and get the hookup. How bout you see my cc w/ license and keep that itchy palm off the DC and yer yap shut.
@corneliuspalahniuk345
@corneliuspalahniuk345 3 жыл бұрын
Philando Castile
@ChickenPermissionOG
@ChickenPermissionOG 3 жыл бұрын
Permit? I don't need government permission.
@jackgriffith9229
@jackgriffith9229 2 жыл бұрын
People!! 1) I don’t answer questions 2) I don’t consent to searches 3) Am I being detained? 4) unless I am free to leave I am now requesting legal representation from an attorney at this time. 5) Law Enforcement does not have the right to continue questioning you until your attorney is present. 6) Remember, it is far easier to defend a non criminal from law enforcement!! Don’t break the law!!!
@leecox1513
@leecox1513 2 жыл бұрын
Excellent list. I'll copy it and keep it in my possession at all times.
@jackgriffith9229
@jackgriffith9229 2 жыл бұрын
@@leecox1513 With these cops out to criminalize the non criminals who could blame you?? The cops sure don’t know what the law is and administering a proper beat down to everyone who they pull over has caused them more than a few issues…………..!!☠️
@MrHarryhere69
@MrHarryhere69 3 жыл бұрын
Years ago I got pulled for speeding, somehow in the middle of 7 cars, I handed my license and ccw permit. The office looked at the ccw permit and handed it back and said I do not need this. Get a dash cam folks.
@PittFreightCompany
@PittFreightCompany 3 жыл бұрын
The officer already knew you were a CCW permit holder by looking your liscense plate up before he even stepped out of the cruiser. Though it was nice for you to offer it!
@MauriceLeviejr
@MauriceLeviejr 3 жыл бұрын
Get a cam that looks both way and records audio.
@mrmyturn2
@mrmyturn2 3 жыл бұрын
This begs the question: What’s the percentage of LEOs killed by ccw holders annually?
@PBVader
@PBVader 3 жыл бұрын
@@mrmyturn2 less than 1% of the ccw holders killed by LEO. Kinda like the beer bug vs natural causes.
@BillSmith-rx9rm
@BillSmith-rx9rm 3 жыл бұрын
Yeah, and more and more states are now banning anything from blocking the view of the windshield. They claim it's for safety. However, we know the real reason, don't we.
@jarmstrong2843
@jarmstrong2843 3 жыл бұрын
In 2012 traveled from Texas to Michigan to see relatives. Stopped in Illinois for burned out license plate light by highway patrol. Patrolman asked if he could search car. I said no. He said everyone from Texas has guns in their car. He asked me to get out of car. Placed me in the rear of patrol car. Then he called in a K-9 unit. Two hours later nothing was found. I continued my drive to Michigan. Being detained for two hours seems very unreasonable and being from Texas it was assumed I had a gun in the car; also unreasonable. Best lesson learned is to not travel through Illinois because your rights will be violated is stopped by police. If I had a gun in the car, I would still be in jail in that state.
@adamn5821
@adamn5821 3 жыл бұрын
Never consent to any search or seizure. Call me a pessimist, you never know what a cop will plant in your car.
@MonkeyJedi99
@MonkeyJedi99 2 жыл бұрын
Heck, don't even engage in 'small talk' with a cop. Anything and everything you say could be used to justify some way of getting you in handcuffs or at least leaving with a fine.
@shadowgarr7649
@shadowgarr7649 2 жыл бұрын
You're a realist.
@sharptonrealestate
@sharptonrealestate 2 жыл бұрын
Great clip expanding the “consent to search”. Thx much for all you do to educate!
@scottbarrett4753
@scottbarrett4753 3 жыл бұрын
This should be shown in every home room class in every high school every year.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
Unfortunately our public schools will selectively take the parts that they feel “disproportionately affect black and brown people” and twist them….which is how we end up with “sovereign citizen” types who drive around with cardboard over their license plate saying “FREE TRAVILUR”……most of these teachers have no clue of the difference between the Constitution and the Articles of Confederation
@leecox1513
@leecox1513 2 жыл бұрын
@@mostlypeacefulmisterputin Sadly, I must agree. Things have changed since I was growing up in the 40s and 50s.
@jordanwestergreen6633
@jordanwestergreen6633 2 жыл бұрын
Including the gun giveaway?
@ch0wned
@ch0wned 2 жыл бұрын
Remember the following phrase: “I’m sorry officer but I’m not discussing my day.” Deploy it politely, appropriately, be civil though not supine. I would only speak about the weapon if queried, I’d be inclined to plead the 5th in regards it’s whereabouts. If I was asked to step out of the vehicle and it was on my person, then I’d alert the officer to the location and status of the weapon as well as the location of required licenses, etc. The problem is now a stranger wants to touch my gun: which is absolutely unacceptable and why I have one in the first place.
@PaulDukich
@PaulDukich 3 жыл бұрын
"All these 'Officer safety' exemptions aren't loopholes to get around the Constitution".... Frequently that's difficult to believe.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
You DO NOT have a “lower expectation of privacy” in your car than your house!!! They can shine their flashlight in your house just like your car and anything illegal in plain view can be used against you!
@josephhautzenroeder7512
@josephhautzenroeder7512 3 жыл бұрын
What he means is that that are fewer protections covering you in your car than you in your home. 4th amendment still applies, but the scrutiny required for vehicles is less than homes.
@LeadBariBass
@LeadBariBass 3 жыл бұрын
They would have to have a legal reason to be on your property; especially if you post a no trespassing sign. Anyone shining a light in a window of my house will receive free lead.
@toddlenard7602
@toddlenard7602 2 жыл бұрын
A few years ago in Tennessee they come out with the kingdom law which made your vehicle part of your home gave you the same rights that you have at your home
@Freedom-cd8dr
@Freedom-cd8dr Жыл бұрын
So what happens if I shine my flashlight back at them
@bigdatapimp
@bigdatapimp 3 жыл бұрын
The supreme court (maybe a state supreme court i forget) just ruled that a dog is likely not probable cause to search either. If they were trained to sniff for more than one type of thing they can not be used, they can ONLY be used to look for one specific thing they have been specifically trained for. And remember kids, reasonable suspicion and probable cause are two distinct and different things.
@patriot72
@patriot72 3 жыл бұрын
I have a question. I am a member of the USCCA. If a situation arose like in Kevin’s case and got out of hand where your accused of resisting because you don’t comply to a search but didn’t do anything to receive that charge, does the USCCA cover legal costs in cases like that as well? Or just defense cases?
@SynicalBeats
@SynicalBeats 3 жыл бұрын
In for answer
@benfrank1583
@benfrank1583 3 жыл бұрын
Need an answer to this also
@rolandoperez8401
@rolandoperez8401 3 жыл бұрын
Good question
@PBVader
@PBVader 3 жыл бұрын
Asking a question is resisting. That's 365 in the pokey. Better to keep silent, record to something that can't be erased, and show the judge their hind end. It's up to the judge to see red. And if they don't, make them pay, $50 every day they keep the charade going.
@lokiprepper
@lokiprepper 3 жыл бұрын
Commenting to see a reply. This is a very good question
@wynnanderson2630
@wynnanderson2630 3 жыл бұрын
Wrong, Mr. Police Officer. You need more than reasonable suspicion. To search you need either consent or probable cause.
@sazmurph540
@sazmurph540 Жыл бұрын
I was in my early 20's and pulled over by MI SP in the UP for speeding. I didn't know I could turn down his request to search my vehicle. One of his arguments for the search was that the interior of my car was too clean, as I've always kept the interior largely empty. I was told to do so to not attract thieves. So I guess darned if you do and darned if you don't!
@buckeyepatriot4594
@buckeyepatriot4594 3 жыл бұрын
I have really tried to support Police but I see them overstepping their bounds more often than not and not honoring their oath of office. No confidence in LEO'S
@tm502010
@tm502010 Жыл бұрын
But how do you say “No” when cops can decide to get vengeful, spiteful, or directly violent because you “dissed” them? This completely neglects the hard fact that many cops are trained to see citizens as opponents, and someone they need to get control of…
@thinkingoutloud6741
@thinkingoutloud6741 3 жыл бұрын
9:17 “… you will be able to remedy that in court…” But recognize that there are “bad” judges, ideological judges, and JAIL while you await trial. It may not be wise to push back in the moment, but every citizen should be paying attention and carefully exercising their responsibility at the ballot box.
@GuerrillaLawfare
@GuerrillaLawfare 2 жыл бұрын
The "ballot box" got us here. Jus sayin
@thinkingoutloud6741
@thinkingoutloud6741 2 жыл бұрын
@@GuerrillaLawfare Actually, it would be more accurate to say that fraud at the ballot box and in the counting process got us here. We need to fix that problem, not throw the baby out with the bath water.
@DrumCoversbyBill
@DrumCoversbyBill 2 жыл бұрын
Never, EVER consent to a search, period. Additionally one should NEVER answer questions. Simply provide the required documents then remain silent or request an attorney. Additionally, if you are a PASSENGER in a vehicle. you are under no obligation to identify yourself unless the officer can clearly articulate that you have committed, am committing or about to commit a crime. The officer can and likely will ask for your ID however, you can decline to provide him any information.
@billquillin1952
@billquillin1952 3 жыл бұрын
Never give consent. Never talk to police more than Name & ID.
@hlrembe62
@hlrembe62 3 жыл бұрын
You need to check your states "domicile" laws, the state of Georgia considers your vehicle as an extension of your home and is therefore completely covered by the 4th. I need to look into Florida as I now reside there. That said the answer is still a hard "no sir, not without a warrant" "use your reasonable suspicion to obtain one, I'll wait." I've been down this road multiple times.
@erniebell1858
@erniebell1858 2 жыл бұрын
I would imagine that it is hard to remain calm when an officer is pointing his weapon at you.
@Definitelynottheatf
@Definitelynottheatf 2 жыл бұрын
I had a similar situation where I was in a accident and I was speaking with the cop for the accident report and I felt that I should tell I have a gun on me... All he said was "don't show me yours and I won't show you mine"
@gunfisher4661
@gunfisher4661 3 жыл бұрын
If a person refuses search consent all the LEO has to do is say you acted nervous when he asked and the fan blades will start to get dirty .
@Yeahyeah116
@Yeahyeah116 2 жыл бұрын
Nervous behavior alone is not sufficient probable cause for a search. There is case law on this.
@joehelvey5794
@joehelvey5794 3 жыл бұрын
I just always declare immediately, first thing I say after answering his first question. Never been an issue, they felt safe and never wanted to relieve me of my handgun. But I wouldn’t deny him/her that if they ask me, but that’s me.
@eddiearchuleta615
@eddiearchuleta615 3 жыл бұрын
When cops draw guns for a stupid reason like that they deserve to be sued and stopped if that badge
@Kingzall
@Kingzall 3 жыл бұрын
Never consent to anything
@ApeLikeThinker
@ApeLikeThinker 2 жыл бұрын
That’s why I love my state. You don’t have to divulge to law enforcement that you are carrying. But this guy is right. Just say no. Also don’t talk to cops. Their job is to gather info in order to extort money from you and possibly put you in jail.
@TerryPullen
@TerryPullen 2 жыл бұрын
In Michigan, if I am carrying during a traffic stop, I am required to notify the officer that I have a concealed carry permit and that I am carrying.
@devilsoffspring5519
@devilsoffspring5519 2 жыл бұрын
Soooooooooooooo... Which state?!
@stealth916
@stealth916 3 жыл бұрын
In "May Issue" states like CA, where a carry permit is issued and revoked SOLEY at the whims and discretion of CLEO, one phone call from a beat cop is enough to revoke your permit. So the calculus for a law abiding concealed carrier in those states when confronted with the question "should I consent" - is a hell of a lot different than the simple calculus used in this video.
@13BGunBunny
@13BGunBunny 3 жыл бұрын
How To Talk To The Police When Pulled Over: 01. As soon as you see the cherries and berries, turn on your hazard lights and pull over as soon as is safely possible. A parking lot or under a street light (if it's dark) is a good place. If it's dark, turn on your interior lights. 02. Keep your seat belt on and place your hands on the steering wheel. The Police like to be able to see your hands so that they are assured that you are no threat to them. 03. ALWAYS film the Police. You have a camera on your cell phone. Use it! It will be an unbiased witness if things go south. 04. Inform the officer right away if you have any firearms in the vehicle. Nobody wants to suddenly see the business end of his firearm when he starts yelling "GET OUT OF THE VEHICLE NOW!!" into your face. 05. Always be polite and respectful, even if you can't stand the Police. An attitude will never serve you in any positive manner. Using "Please" and "Thank you" will go a long way towards a positive outcome. 06. Never answer any questions. Politely and clearly inform them that you do not answer quests by saying "Sir, I do not answer questions". Repeat that statement every time that they ask a question. _Anything that you say can and sometimes will be used against you in a court of law._ The Fifth Amendment is your friend. Use it and shut up. 07. If you have to reach for anything (wallet, etc), tell the Officer where your driver's license, insurance and/or registration is and that you're reaching for it. Release your seat belt at that time if necessary. 08. Never consent to a search. Politely and clearly say, "Sir, I do not consent to a search of myself and/or my property" when asked. The Fourth Amendment is your friend. Use it. Why should you have to prove your innocence? 09. Never argue with the Officer no matter how right you think that you may be. The side of the road is no place for a debate. Accept the ticket then contest it in Court instead. 10. NEVER PHYSICALLY RESIST if they decide to go hands-on with you. Follow these basic rules and most likely you will be let off with just a verbal warning.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
Unless you are a licensed CCW/CPL holder and you are currently carrying a concealed pistol on your person or somewhere in the passenger compartment of the vehicle where it is accessible, DO NOT EVER VOLUNTEER AND ADMIT TO HAVING A FIREARM IN THE VEHICLE!!! That is basically granting consent to search!
@13BGunBunny
@13BGunBunny 3 жыл бұрын
@@mostlypeacefulmisterputin Because? ...
@MuirclanforJesus
@MuirclanforJesus 3 жыл бұрын
No. Next question...
@lyfandeth
@lyfandeth 3 жыл бұрын
They saw a holster and ammo box, but no gun. Isn't that like saying, I saw an extra pair of boots and a coat, so there must be another person or body in the car? The presence of "accessories" does not mean anything else is likely. A bag full of kibble does not mean there's a pit bull in the trunk.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
The holster definitely, the ammunition on the other hand is a trickier question ever since the 1994 Biden/Clinton crime bill which officially made it “illegal” for certain “prohibited persons” to even possess a single bullet…with or without an accompanying firearm
@brianjanusek4356
@brianjanusek4356 2 жыл бұрын
I love the nothing to hide argument. I don’t have to have anything to hide to not want strangers in my business.
@silverwings21
@silverwings21 3 жыл бұрын
5:38 Wrong, there was no reasonable suspicion. EVERYONE! Has a right to keep and bear arms. Pulling a gun on you for having a gun, that is SUPPOSED to be protected by law; that's as tyrannical as it gets. This is why I support the abolishment of police, see how trivial things can get you killed, because there are cops around; you almost got killed for speeding, Philando Castile got killed for a taillight being out. This is why we have a 2nd Amendment, so we don't need a police force. 6:00 Officer safety law? Where are citizen safety laws? Sounds like tyranny to see; rules for thee, but not for me. 6:49 Not meant to be, but they are. 7:00 Giving cops latitude to kill, that's what they did in Nazi Germany. (Also, see Waco & Ruby Ridge.) 8:21 Survive that encounter? Thanks for proving we need to abolish police; they are a danger to public safety. 9:08 Illegal to resist a cop breaking the law. Thanks for proving they are tyrants, and the system is no good. It should be a death sentence for any cop that abuses their power.
@PBVader
@PBVader 3 жыл бұрын
Duly noted. They have more rights to special privileges than we do against dirty badges.
@ericfeldtjr9254
@ericfeldtjr9254 3 жыл бұрын
No warrant, no search....Period!
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
Pennsylvania V Mimms says the police have the right to order everyone out of the car to have them stand/sit in a safer area, and they can do a “pat down” for weapons, that CANNOT be twisted as giving consent to search
@thelonerider9693
@thelonerider9693 3 жыл бұрын
It is best not to say "yeh search my car". In my youth I was once stopped by a policeman walking back to my car in the town where I went to university. It was evening and dark out. He stops me and then asks to search the car and me. I didn't know what their beef was, I'd never been in trouble, and hadn't done anything, so being a dumb naive kid I figured the best way to get rid of them what to say "search away" and show I had nothing to hide. Big mistake. They found every item in the car suspicious, from the tire jack in the footwell ("why wasn't it in the Trunk?" they wanted to know - well, I'd had to fix a flat the day before and never bothered to put it back) to the tools and bike parts in the back seat ("are those burglary tools?" - no, officer, I repair bicycles as a hobby and always have tools everywhere) to my pocket knife ("is that a weapon?" - no officer I use it for opening boxes at work). They had me there for easily an hour going through every darn thing before they let me go. I only later found out there'd been burglaries in the area and they were suspicious of anyone. Lesson learned don't let cops search your car or you unless you have a lot of time to kill, you could be there a while. It could be worse, I wasn't into shooting back then, nowadays I've always got a bow or gun somewhere in the car lol.
@haroldbevins393
@haroldbevins393 3 жыл бұрын
Great useful information as usual gentlemen.. Thank you
@randyc4058
@randyc4058 2 жыл бұрын
FYI...in a northeast county of Nevada,it has happened several times and has been in the newspaper that state troopers and county deputy’s have asked people for consent to search and if you say no they will say you are free to go, but will send you off on foot and tow your car and get a search warrant to search it. Most of the time nothing is found and the owner has to pay the tow and storage to get his car back.
@andycraddock7677
@andycraddock7677 3 жыл бұрын
Thank you Kevin for today’s interesting presentation. You raised many good points and gave some cogent advice on how NOT to get shot during a routine traffic stop. I would respectfully disagree with you- and agree with your attorney colleague- that the mere presence of ammunition or a holster or just about anything firearm-related gives rise to reasonable suspicion, allowing or legally permitting LE to thence lawfully detain a driver and search the vehicle. I can think of dozens of scenarios where firearm-related accoutrement present in a vehicle is perfectly legal, innocuous and the driver, passenger, owner of the items has done nothing wrong and no laws have been violated. While I can appreciate that seeing ammunition in plain view in an automobile is a legitimate reason for the officer to have perhaps heightened concerns for officer safety, the fact stands that driving home or to the range or to MOST places with ammo is an everyday occurrence for thousands of drivers and if a LEO pulled his/her duty weapon on me following a traffic stop simply because I was returning from the gun store, range etc. I’d have a big problem with that. I would comply with the officer’s commands cause I don’t wanna get shot, but such behavior by LE would be highly questionable from a legal perspective absent other, plain-view evidence. I would appreciate (because you used the term several times in this video alone) doing a stand-alone piece on the legal distinction between “reasonable suspicion” and “probable cause” because they of course are related yet different legal standards, not equivalent or interchangeable, and the distinction between the two is important and warrants further discussion. Thank you again for this excellent video. A very Happy Holidays to you, crew and the folks at USCCA.
@braddoomsday6401
@braddoomsday6401 2 жыл бұрын
Never consent to search! Never give any more information than you have to. Yes/No, I don't answer questions without an attorney present. If no one consented to search they would stop asking. People are too quick to give up freedom for convenience. I had a cop ask me if he could search my Jeep, I refused and he got 3 shades of pissed. I didn't care. 10/10 would do it again.
@jthuff5102
@jthuff5102 3 жыл бұрын
super scary that you could get a gun pointed at you by a cop for simply having a holster in the floor board
@shadowgarr7649
@shadowgarr7649 2 жыл бұрын
An out of control cop.
@marcusmaddenov2451
@marcusmaddenov2451 3 жыл бұрын
No never consent.
@papaprig
@papaprig 3 жыл бұрын
He'll no.. I've seen to many cops plant stuff.
@KevinJohnson-ge5xs
@KevinJohnson-ge5xs 3 жыл бұрын
NEVER!!!!!
@KD-lb9bg
@KD-lb9bg 3 жыл бұрын
Lol, if you don’t consent and they’ve decided that they want to search your car they’re just going to call for a K9 and give it the signal to do a false alert and then do whatever they want to anyway. Buuut yeah, be on record as having not consented.
@se7enthedge382
@se7enthedge382 3 жыл бұрын
Exactly this. They can basically generate reasons to search you out of thin air and it’s nearly impossible to argue in court for most cases.
@Alleged_Mercenary
@Alleged_Mercenary Жыл бұрын
Well, when I was a city cop in the 90's I regularly witnessed officers ask people for consent to search on traffic stops and if the person declined and asked if they could go they would be told "Sure, you can go but your car is staying here as it's part of my investigation" or "Sure you can go but I'm calling a drug dog and it will be here in about an hour" followed by "Now do you consent?" This was still being done in 2013 when I retired.
@stephenbrown6763
@stephenbrown6763 3 жыл бұрын
I'm not anti cop, but I'm really sick of hearing about the cops right to disarm a citizen who has done NOTHING wrong for the safety of the officers. How about OUR safety? As Americans we have the RIGHT to be armed and my safety is no less important than the officers. And about the situation Kevin found himself in, at that time they didn't have conceal carry permits(unconstitutional), but you had the ability to transport unloaded guns right? So this cop pulls a gun on you because you might have a firearm in the vehicle which is being transported legally? I understand bad things happen in traffic stops, but living in a free society means there are risks for everyone. I'll take dangerous freedom over tyranny and slavery any day.( a paraphrase of one of our founding fathers)
@Ranstone
@Ranstone 2 жыл бұрын
After hearing the story of his holster and ammunition on the deck of the vehicle, and a cop pointing a loaded gun at someone and shouting "where's your firearm", little-ol right-wing me is beginning to understand why the leftists are so anti-cop... Cops should not be allowed to use lethal force in a situation where a civilian can't use lethal force. If someone punches me, and I even touch my firearm, I co to jail unless I can prove he intended me death or great harm, yet a cop can see memorabilia of a firearm and point a gun at people's face? This world needs to change, and I'm starting to think it can't be changed with words...
@charleskelly2933
@charleskelly2933 3 жыл бұрын
In my mind I think it's best to not say anything to any officer. (During a traffic stop, or encounter where they were called) And always video every interaction with the police. Video doesn't lie! People do including police.
@johnblanton3474
@johnblanton3474 2 жыл бұрын
I fully understand and agree with complying with an irate cops unconstitutional order, however, until people in the gun community stop "understanding " the cops faulty use of their authority and actually complain/push back afterwards, nothing will change.
@kiethmergard
@kiethmergard 2 жыл бұрын
“You will be able to remedy that in court.” Perhaps not. The cops have a handle tool called qualified immunity. Unfortunately, a lot of violations fall under qualified immunity.
@Yeahyeah116
@Yeahyeah116 2 жыл бұрын
For every 10 people that mention qualified immunity, 1 or 2 know what it really means. Qualified immunity protects, in some circumstances, individual officers from being sued civilly. It does not protect the agency. That’s who you really want to sue anyway, because the remedy in a civil suit is money…something very few police officers have but cities, counties and states do. You can have a discussion about whether or not police officers should have this protection or not but from the citizen’s perspective, qualified immunity doesn’t have any meaningful impact on your ability to pursue a remedy.
@thinkingoutloud6741
@thinkingoutloud6741 3 жыл бұрын
I would be concerned about a bad cop searching my car, with my permission, and planting something. I don’t fear good cops. I just don’t know which are the bad ones. The only thing I’m certain about is that bad cops really do exist.
@danstewart2770
@danstewart2770 3 жыл бұрын
Leave it to a former cop and former prosecutor to say that police will uphold your Constitutional rights - that's utter fiction. ▪︎ Something most people don't understand is that law enforcement officers and prosecutors - whether federal, state or local - actually oppose the Bill of Rights of the Constitution, especially the 1st, 2nd, 4th, 5th and 6th amendments. The reason is because the Bill of Rights does only two things, it limits the actions of the goverment and it protects ordinary citizens from the government. In other words, the Bill of Rights stands between you and the awesome power of the government, it's the only thing that does. ▪︎ As such, LEOs in 18,000 police agencies in the US are constantly trying to find ways around the Bill of Rights in practice and prosecutors are constantly trying to narrow, weaken and otherwise diminish the Bill of Rights.
@TheOnlyBlakeSpa
@TheOnlyBlakeSpa 3 жыл бұрын
What I do... 1. No, all I did was speed or committed a moving violation ( no suspicion of anything else) 2. I never say I have a firearm with me. Non of their business. ( Keep all evidence out of sight. Keep ammo, accessories, etc in a bag or put up.) 3. I always record stops just incase the police officer is dirty or things are going sideways. Most cops I have had stop me are fantastic tho. 4. I would love my vehicle to be search because it is usually like a goodwill back there. Lol 5. Talk to them like a friend or coworker and be calm.
@furonwarrior
@furonwarrior 3 жыл бұрын
I’d never leave ammunition in the car. Not unless it’s in another locked container or on my person, and only then, if I’m going to a shooting range or concealing to carry.
@PBVader
@PBVader 3 жыл бұрын
What a pansy. I have ammo in the car 24/7. What makes training day different than any other day? Hearing protection?
@furonwarrior
@furonwarrior 3 жыл бұрын
@@PBVader If you want to, that’s fine. It’s better to keep ammo out of sight because all it does is give people something to use against you. My CCW instructor said the more neutral you are, the better you’ll be at getting the advantage. If you slap a bunch of bumper sticker on your car saying how much you love guns and want to protect the 2nd Amendment, the least effective your CCW license becomes.
@JWH-01
@JWH-01 3 жыл бұрын
@@furonwarrior I agree 100%. Never advertise what you have. That makes you a target for criminals and it makes the police nervous.
@furonwarrior
@furonwarrior 3 жыл бұрын
@@JWH-01 Exactly.
@nemoexnuqual3643
@nemoexnuqual3643 2 жыл бұрын
The answer to “would you please...” or “can I...” by a police officer in “NO.” If they are asking instead of demanding then you have an option and it should always be no, unless you’re the one who called them to look at something. There are additionally 5 rules when talking to a cop if you’re not the one making the report; 1: shut up 2: don’t say anything. 3: you have the right to remain silent, exercise your rights. 4: You only know two things, information on your drivers license, and rule 5. 5: you want a lawyer, and once you ask for one that is the answer to EVERY QUESTION. How’s the weather? Lawyer. Would you like a ham sandwich? Lawyer. Do you need to use the bathroom? Too late and lawyer. Don’t deny, don’t explain, don’t admit, just keep your mouth shut at all times no matter what.
@MarkHolmberg
@MarkHolmberg 3 жыл бұрын
With today's ammo prices and shortages, the officer would probably be more likely to ask you where you were able to even purchase ammo.
@todd-617
@todd-617 2 жыл бұрын
He used thee magic phase, "a good law enforcement officer". Good luck finding one
@footfeathers
@footfeathers 3 жыл бұрын
Wow. I'm interested to know which state you live in if ammo on the floor of your car prompted officers to react like that. I see guns in cars all the time and am fairly relaxed about it.
@kennethboyer2338
@kennethboyer2338 2 жыл бұрын
I think he said WI.
@jaredwhite489
@jaredwhite489 3 жыл бұрын
Say no. And say nothing more till your lawyer is there by your side. Anything you say CAN and WILL be used against you.
@mostlypeacefulmisterputin
@mostlypeacefulmisterputin 3 жыл бұрын
You cannot talk yourself out of arrest, but you can very quickly talk yourself into one!!!
@pulpfiction2122
@pulpfiction2122 3 жыл бұрын
Luckily I live in a state with no duty to inform. I never tell them, because after getting pulled over in Ohio and Michigan, I've found informing them never helps the situation, it just ads tension.
@TheBoxingChamp01
@TheBoxingChamp01 3 жыл бұрын
YES I DENIED CONSENT FOR A POLICE OFFICER TO SEARCH MY VEHICLE (BUT) THEN THEY CALLED FOR THE SARGENT TO COME IN AND APPROVE THE SEARCH SO THEY SOMETIMES DONT DO THINGS BY THE LAW AND THEY DONT HAVE GOOD REASONS TO SEARCH, THEY JUST WANT TO ACT ABOVE THE LAW. WELL ATLEAST HERE IN CALIFORNIA 😆. BUT YES I BELIEVE MOST POLICE OFFICERS ARE GOOD.
@economath8164
@economath8164 3 жыл бұрын
The appearance or arrival of a sergeant doesn't give them consent or probable cause where they didn't otherwise already have it.
@kjadfhgioaudbfvilaeu
@kjadfhgioaudbfvilaeu 3 жыл бұрын
Bruh... You need to GTFO of Cali.
@smokydragon420
@smokydragon420 3 жыл бұрын
One time I was asked to be searched I told them no there’s no probable cause and the officer said denying him was probable cause
@kingpurest6279
@kingpurest6279 2 жыл бұрын
LOL
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