What Are My Rights With Police? (When Stopped for Police Questioning)

[@ZackeryWhitley]

I randomly came across your videos during my search for truth and by far you have been the most knowledgeable individual I have found on KZbin. Thank you for your Truth, Knowledge, Concern, and Respect. Much love and blessings to you and what you do. Thank you.

[@GustitisLaw]

Wow, thank you!

[@YeOldeTowneCryer]

Good advice here, thanks. I had family on the force so I'm not intimidated by police. I always say, "Hi officer, how can I help you?" That usually puts them at ease because I come across as cooperative. If driving we ARE required to show drivers license, so I have it ready, without making them ask. Then I say, "I have other papers in the glove box, but my neighbor the sheriff told me not to go in their as the office is approaching". That sends the message I have friends in law enforcement. I'll answer a few questions in the hope he will tell me why I was stopped. So far it has always been legit, a car similar to mine was driving reckless and by being cooperative I convince them otherwise. One time it was a headlight out. I didn't even get a written warning, just verbal. If ever I sense they are getting aggressive, that's when I say, "This is the part where I take the sheriffs advice and cease answering questions without a lawyer". If a cop continues talking to you and asking questions after you said no more questions without a lawyer, just sit still and do NOT talk. He may try to draw you out but don't fall for it. DO NOT TALK.

[@GustitisLaw]

Thanks very much for your comment!

[@nenoshima661]

please continue this series!

[@GustitisLaw]

I'm glad you enjoyed the videos so far. Believing I had already reviewed the important rights, I had not planned on extending the series. However, is there something you wanted to learn about?

[@ronburgundy1855]

I certainly believe not enough Americans are aware of their Constitutional Rights! Thank you Sir!

[@GustitisLaw]

@@ronburgundy1855 I'm glad I could help you.

[@fbofiles]

@@GustitisLaw just more in general please. in depth info

[@GustitisLaw]

@@fbofiles Thanks for your request. Remember, legal advice is dependent upon both law and facts. Since my videos are not created with any specific factual situation in mind, they can only be general in nature. But I will consider your thoughts.

[@williamsmith3233]

Thank you. Mr. Gustitus!

[@GustitisLaw]

Of course. Thank for your kind words.

[@wildwestunlimited]

Thank you for your channel! I love that SOMEONE is teaching something called, "The Constitution". What REALLY makes cops ANGRY is this statement, "If I'm free to leave, I'm free to stay!" ... Then SAY NOTHING ELSE.... 🙂

[@GustitisLaw]

Well said!

[@rcbates]

Really enjoyed this introductory series on what are my rights. What happens if I am stopped on the street, and the police start badgering me? I heard you say that when you ask if you are being arrested or detained, that if they say no, basically I am free to go. What happens if the officer does not answer that question? I have seen them do that, so they are not saying you are free to go. Do I have to stay unitil they say that, or if they continue to say I am not arrested, can I then tell them I am leaving? What are the scenarios, and how should they be handled? Thank you again for your informative series, and I look forward to more of them.

[@GustitisLaw]

Simply keep silent. The police will do what they want to do. If something happens, your lawyer will sort that out later. You have very little control over what happens on the street. Protect yourself with silence.

[@GustitisLaw]

You cannot control what they do. You can only control what you do. I think you can take it from there.

[@timbaker8498]

my nephew was stopped by a CHP officer who was probably having a bad day. he claimed that he believed my nephew had modified his truck as the reason for pulling him over. he ordered my nephew out of the truck and made him stand at the back of the truck and then proceeded to pop the hood without consent and inspect the vehicle. a gust of wind caused the hood to come down on the officers head making him even more angry. he started walking toward my nephew when another cop showed up and told my nephew to go. I just wonder what would have happened if that second officer didn't show up.

[@GustitisLaw]

Hard to speculate, but thankful the encounter ended without any mishaps.

[@maxpruett4920]

Probably a knee at the back of his neck and him dead. That's every cop on the force so, he could throw people down. joined cause he was bullied in school and take it out on everyone the cop can take it out on.

[@rickuyeda4818]

In California, Driving is a privilege and as such, the Vehicle specifies what Police can and can't do. One of these is, any officer can stop any car/truck for an inspection. Did you know? You cannot modify any vehicle exhaust louder than stock. Every light has to work properly. I stopped a Chevy 1 ton crew cab dually because he covered his headlight and taillights with solid covers painted to match his custom scallops. While talking to the driver, I noticed a Monster Tachometer on his dash so I looked underneath. His catalytic converter was removed. Another time, a '67 Chevelle rumbled by with Flow Master mufflers. These are 4X louder than stock. I'm a shady tree mechanic and recognized the sound of a cam shaft bigger than stock. I opened the hood and the stock distributor was replaced by a mechanical advance distributor. The intake was a single plane design and the exhaust manifolds were replaced with headers. He was missing his A.I.R. pump. All violations of smog laws.

[@thedude6712]

@@rickuyeda4818 Driving is a privilege in all 50 states, so that's not a California thing. They can cite a vehicle for infractions, but an under-hood inspection would be a warrantless search where it pertains to non-commercial vehicles. They DO have the right to perform an inspection for vehicles which require a CDL to operate, but that is based on an entirely different section of codes, and does not apply no regular cars/trucks.

[@eq1373]

Cool story, bro. What are you leaving out?

[@arsenioomabaojr7989]

It's nice to watch your video Atty Gustitis thank your information about how to deal to the police

[@GustitisLaw]

Glad it was helpful!

[@AndreRosario-zm8pf]

Attorney rights. . Thank you

[@GustitisLaw]

Of course.

[@wholeNwon]

Interacting with the police is always an interesting topic. I would suggest that the individual not simply remain silent but that he state that he is asserting his 5th amendment right to remain silent and then DO SO. I would not say something like, "My attorney told me...etc." fearing inadvertent piercing of privilege. Everything else is obvious. You might want to tell everyone who attempts to question you that you are asserting your 5th amendment right to remain silent and that you want your lawyer present. Tell everyone that you want your lawyer and note the names of everyone you tell.

[@GustitisLaw]

Thanks for your comment. It's well reasoned and probably helpful to others.

[@lovellthomas2232]

I happened upon your channel and became a subscriber. I contacted the police about my merchandise that was stolen by a storage facility. Do I have to give my middle name when filing a complaint?

[@GustitisLaw]

I don't know. Why don't you call the police and ask them.

[@lovellthomas2232]

@@GustitisLaw Hmm, you wrote you don't know! You should stop making these videos stating YOU know the law and people's rights about police.

[@barrykelly2722]

Steve. I have enjoyed (and liked) several of your videos. This one included. My analytical mind is the reason for my questions. It seems clear that most of your viewers cannot afford to have an attorney ride shotgun on every trip, commute or stroll. In addition, few cannot afford an attorney even when needed. It is my understanding that when arrested an attorney is provided for those unable to afford counsel. (Channeling Saul Goodman / Jimmy McGill sorry) But that state provided counsel is only when arrested right? So for general questioning, you advise having counsel present. How is that possible. Perhaps when you tire of thinking of new video topics, you could give this topic a go? I appreciate your videos. Thanks again.

[@GustitisLaw]

Thanks for your comment! Their shotgun out on the street is their knowledge and application of these rights. These rights are used to protect them in the courtroom, not out on the street. They can't control the cop's behavior, but they can control their own. The court does not appoint a lawyer at the time of the arrest. Consequently, people must know how to protect themselves by exercising these rights.

[@barrykelly2722]

@@GustitisLaw the answer I was looking for. Thank you

[@abitoffcenter383]

@@barrykelly2722 So unfortunately, the individual that was arrested, if unable to afford an attorney or bond, will simply be stuck in jail for who knows how long. Fortunately, I've never found myself in a situation like this. Because it's A LOT cheaper to just obey the law. But I have had friends and a brother in such a situation. Some were in jail, pretrial, for 3, 4, 6 months. I've heard of much longer, like 12 months. Yes, by that time they will have had a lawyer provided. But let's be completely honest here. It''s VERY VERY rare to have an appointed attorney that truly has your best interest in mind. I've seen it time and time again. I do have first hand knowledge of that very thing, but as a minor. Although my parents were definitely able to hire a attorney for me. They refused to. So the court appointed me one. That guy simply didn't give a flip about my case and didn't have any problem showing it. So the real truth about appointed attorneys is pretty ugly.

[@ronadkins6215]

Good one! My only question is is what happens if you don’t give your name DOB and address as requested.?

[@GustitisLaw]

You potentially get arrested for failure to identify. Why would you want to hide this information from the police anyway?

[@STLHUSTLE314]

@@GustitisLaw If it’s not an stop and ID state then why would you give it up?

[@GustitisLaw]

@@STLHUSTLE314 Because it does no harm.

[@GustitisLaw]

@@STLHUSTLE314 Why not? What do you fear? What harm does it cause you to identify yourself to the police?

[@enderfal]

@@GustitisLaw I don't know what stupid info they have in their system. Utah v. Strieff 2016 SCOTUS case. Even if the ask was unlawful, if they have a warrant, bogus or otherwise, they can use it to arrest and search you. And it all gets into court. May I also make mention of more then a few cases of warrants with similar names getting people arrested. And then the false arrested people spending time in jail, with no bond, trying to prove their innocence. To be in the system is to invite more harassment, justifiable or not. I would always choose not.

[@danenecampbell8488]

Can da waive my preliminary hearing when I asked for it and what to do after 6 months has passed

[@GustitisLaw]

I have no idea. We don't have pre-lims in my state.

[@big-aimpalancapricenationi3217]

Do you have any Texas law books to read & study on exactly what to do when Pulled over, something that i can teach my kids.

[@GustitisLaw]

I don't believe any such books exist. You'll need to learn from sources you can and then share them with the children. Good luck!

[@big-aimpalancapricenationi3217]

@@GustitisLaw thank you very much sir & I really appreciate your response. I recently came across your channel & I have been watching it every since. Thank you for taking the time to be so informative.

[@GustitisLaw]

@@big-aimpalancapricenationi3217 You are very welcome!

[@Toothmother]

Thank you for the very useful info.

[@GustitisLaw]

of course!

[@fb510m]

And if detained for questioning and invoke my right to have an attorney present for questioning will “they” pay for it? And must they stop the questioning until the attorney arrives? How long will they wait or hold questioning so the attorney can be present? Thank you

[@GustitisLaw]

If you had an attorney with you, they would instruct you to keep your mouth completely shut. I’m telling you what to do ahead of time. Every other issue you mentioned is irrelevant. Who cares how long the hold you, don’t say a word.

[@tomgeorge3023]

Great info,, Thanks...

[@GustitisLaw]

Thanks, Tom.

[@Jelly15th]

In the video you say that you have to id yourself, is this true in every case or only when being arrested?

[@GustitisLaw]

It depends upon your state's law on identification.

[@WebDesignSocal]

My understanding is that in the State Of California, like 23 other states does not have a stop and identify law. In other words, you are not required to identify yourself to police when you are walking down the street unless you are being arrested. Could you please point out that these stop and identify laws vary by state?

[@GustitisLaw]

I cannot do legal research for free. I'm sorry.

[@WebDesignSocal]

No problem. I already did the legal research that you should have done before posting your video. What I said is correct. That will be $500 please. I cannot do the legal research that YOU should be doing for free.@@GustitisLaw

[@paultaylor8750]

Is this true for every state? Or is it different in each state? BTW,I'm in VA

[@GustitisLaw]

I'm not sure what you are asking me about being "true." But if you are referring to U.S. Constitutional rights, then yes, they apply in every state of the Union.

[@SF-qc4yc]

Very informative thanks

[@GustitisLaw]

Of course. I appreciate your kind words.

[@JohnDoe-js3vx]

If a detective questioned you in a environment like a probation facility and they did not read you your rights before the questions (so you don’t know if you are free to leave because your probation officer made you go in the room and left) can they try to use what you’ve said against you or can they use that information to force you to testify?

[@JohnDoe-js3vx]

Nor did I know the detective were there because my probation officer just kept saying it’s one last thing I need you to do after your drug test I just feel like it was an ambush even tho I knew there wasn’t any charges against me I wasn’t aware that I was free to just walk out of my probation office because I didn’t know what my probation officer needed me to do because it wasn’t yet stated I was just thrown in there with him with no explanation but the detective did tell me he had reason of suspicion because someone told him I was there during a crime even though I wasnt

[@GustitisLaw]

Prosecutors will ALWAYS try to use your statements against you. Your attorney will raise the issue and attempt to suppress them. In the end, the judge will decide whether the statements are admissible. Good luck and thanks for your visit.

[@ninomiagao6932]

Your video is very informative. Tnx

[@GustitisLaw]

Glad it was helpful!

[@tomgeorge3023]

Need to make some more video's for us...

[@GustitisLaw]

I agree! Thanks for visiting, nevertheless.

[@DM-nu1zq]

What if the police come to your house.Ask you to step outside.You open the door but request to speak with attorney. Step back two feet from door threshold.Police step inside house and physically remove you from your home.

[@miguelzuniga3690]

They have the right if they suspect you of committing a crime, even if someone complains about you.

[@jwhite146]

others have said that you do not have to ID yourself to the police. which is true?

[@GustitisLaw]

That is a matter of State law. But I don't know why anyone would be worried about identifying themselves.

[@davidalen9279]

Helpful indeed.

[@GustitisLaw]

Thank you for your visit!

[@davidalen9279]

@@GustitisLaw You are most welcome! Where in Texas do you practice law?

[@GustitisLaw]

@@davidalen9279 BRAZOS County

[@convicted_91]

im on porole for a drug charge many years ago. what right do i have when stoped because im stoped a lot for no reason

[@GustitisLaw]

I don't know because I'm unfamiliar with the facts leading to your stop and detention.

[@convicted_91]

@@GustitisLaw its mostly they see me at store then pull doen the road an wait. also following my wife in stores. pulling her over an asking where im at

[@simprodigy]

I have a question sir. I am not a citizen but on a work visa. Do i have same rights or my rights differ?

[@GustitisLaw]

You have the same rights, but you have additional immigration problems that citizens don’t have. Great question.

[@noahjuanjuneau9598]

When the officer asks you “DO YOU HAVE ANYTHING IN YOUR POCKETS THAT WILL CUT OR JAB ME?” prior to searching your pockets… MUST YOU RESPOND? I refused to answer the officer. He told me I HAD TO answer. I didn’t answer. He asked me several times. I didn’t reply. So, He began to twist the handcuffs until they cut into my skin leaving purple bruises. I didn’t reply. He searched my pockets (there was nothing in them but paper money and loose change.) He insisted I HAD TO reply for HIS SAFETY. What does the law say about that question?

[@GustitisLaw]

The police are entitled to search you upon arrest or if they have probable cause. Police most often ask you if you have weapons. There is nothing wrong with the question. They will search you whether you respond or not.

[@kevine3634]

After exhaustively explaining myself I asked the officer "Am I under arrest"? The officer replied, "No! But we can't let you go in this condition". ....What part in limbo here am I - as a reasonable person ?

[@GustitisLaw]

I really don’t understand your question. Can you rephrase it, please?

[@kevine3634]

The question is," If I wasn't under arrest ( as the officer plainly stated as I recall, No! But, we can't let you go in this condition ).Again if I wasn't under arrest ; but, I wasn't free to go, and I had already been tactfully interrogated for at least forty minutes to an hour by them, was this for example custodial interrogation?

[@kevine3634]

Hope I did a better job at explaining.

[@kevine3634]

At what point here should I have been made aware of my Miranda Rights?

[@johncollie4544]

If you are stopped by the police and legally armed are you compelled to surrender your weapon without your consent? At what point can they forcibly disarm you? To what ends are you allowed to legally resist the disarmament?

[@GustitisLaw]

That would be a matter of your state's law. I don't know what the law says in your state about these issues. With that said, I would speculate the police can seize the weapon for their protection and the protection of the public. And why would you want to resist disarmament? Do you want to get shot??

[@nosiphoshandu7251]

Hi, I'm from South Africa if stopped by police officer some are not wearing a uniform some are... Do I have a right not to get out of car and ask for search warrant

[@GustitisLaw]

Playing hardball with the police is a tricky business. Whether legal or not, they have the power to make your life miserable. There may be situations where you would not legally be required to get out of the car, but identifying those opportunities is basically impossible without a law library at your immediate disposal. The easiest thing to do during a traffic stop is to remain silent.

[@timbaker8498]

@@GustitisLaw so what you are saying is we should bow down to the police.

[@GustitisLaw]

@@timbaker8498 Be smart on the street. Playing hardball with the cops is tricky. If you are prepared to go to jail, pay a bondman, possibly loose your job, and pay thousands to a defense attorney, then play all the hardball you want. But discretion is always the better part of valor.

[@darrellcox6479]

Is it indamissable in court if u get pulled over for speeding and cop search and find contraband but does not write you a speeding ticket is that insommissible in court because they didn't write your ticket

[@GustitisLaw]

No. It is very common for the police not to cite you for the initial reason for the stop.

[@jasonburks5911]

Say your riding in a car and driver gets stopped does every one in car have to ID by law or only the driver

[@GustitisLaw]

I don't know.

[@pretty.gurl.nikaya7108]

Do I have different rights being underage or it’s all the same

[@GustitisLaw]

Juveniles may have special procedural rights that adults don't have. But your constitutional rights are the same.

[@s.p.3587]

Isn’t it true that if you are going to remain silent, you HAVE to tell that to the officer?

[@GustitisLaw]

The technical rule is a person must "invoke" their right to silence. However, once the person starts talking, the chances are good they will say too much. I tell my clients to simply keep their mouths shut.

[@rhess10]

Does this apply in every state or just Texas?

[@GustitisLaw]

All U.S. Constitutional rights I mentioned in the video apply to every state.

[@georgejones3526]

Out of date. The police do NOT have to tell you why you’ve been arrested.

[@GustitisLaw]

Out of courtesy most police officers tell the person the reason for the arrest. That is done to calm them. The police cannot get in trouble if they don't tell the subject,.

[@peteraguilar3074]

Can a police force me to take items out of my pocket?

[@GustitisLaw]

Yes.

[@Justjack613]

It is my understanding that the police do NOT get your name and age and address unless and until you ARE arrested.

[@GustitisLaw]

In Texas, if the police have reasonable suspicion to detain you, they have the right to identify you. Other state law may be different.

[@funthings3052]

My friend was encountered to many questions on why later to pick up kid in the public school when he showed up later to pick up his kid. Does police has right to do so simple late to pick up kids, no criminal suspicions. Can this person ignore police ?

[@GustitisLaw]

I don't know under these circumstances you described.

[@briankopac8111]

can you ask for a lawyer if stopped for a possible DWI at 2am?

[@GustitisLaw]

Sure you can, but they won't give you one since you are not legally entitled a lawyer at that stage. You must be under formal charges before the right to an attorney attaches.

[@scotttrujillo6625]

I do have a question for you Mr. C I live in a hotel room which is my permanent address. In a scenario where the police are knocking on my door. Do my rights differ from the rights that one would have in their home or apartment ? Sincerely ! Scott

[@GustitisLaw]

No, they do not. In fact, even if you are staying the night only, the law still applies.

[@j313hood5]

A detective continues to come to my house because he wants me to go in for questioning for something i know i didnt do. I refuse to go voluntarily everytime. Can he keep coming to my residence after i tell him i dont wanna talk to him?

[@GustitisLaw]

Yes.

[@kentneumann5209]

I'm not a lawyer. He can come everyday and call every night, but you don't have to answer the door, or reply to the phone calls. You don't have to talk to him at all. And you shouldn't talk to him at all. No small talk. Nothing. If he is there without a warrant, and you are not under arrest, the reason he wants to talk to you is cuz he doesn't have shit on you until you give it to him. Or he needs you to give him some evidence as a witness. Just ignore him. If he detains you for questioning, same answer. Don't talk about anything. If he leaves a card you can call your lawyer and ask him what to do or he can contact him and tell them the same thing. The answer is always the same. Don't willingly talk to the police about anything, under any circumstances, for any reason, whatsoever, under the sun. Couple guys I know got in a fight. One was harassing the other. Driving by, yelling, honking, swearing, throwing garbage on the property. For a few nights, he would keep doing this. His ex was inside her new lovers home. 4th night, new bf walked outside to tell old bf to cool it or his ex chick is gonna call cops, and no one wants cops nosing around. Old bf is pissed and comes at new bf swinging. New bf has a flash light in hand, cuz it's a dark street, and bops ex bf in face and head a few times with it. Self defense on his own lawn. Ex bf has enough damage to go to ER for stitches. They are required to report it. Cop shows up. Questions victim. Victim leaves out all but fight. Cop goes to lovers nest. Questions new bf about incident. Comes off as sympathetic. Identifies with him, sez been in similar situ. New bf, shook up over whole ordeal, thinks cop is understanding, will see his perspective, self defense as nut job attacks him at night on his own front lawn. Sez old bf has been harassing us etc, tells rest of story. Sez old bf came at him. Admits to fighting. Does not admit to using weapon. Bam. Arrested and charged and booked and jailed. Cop searches his house for flashlight weapon, without warrant, when no one is home, finds meth para, a flashlight, but not THE flashlight, takes both. Charges added for para. Flashlight taken as evidence. New bf hasn't admitted to using weapon yet. When cop has it and is taking it as evidence, new bf sez, "thats not even the same flashlight. Bam. They never did get the original flashlight. Didn't matter. And he is found guilty of whatever assaults and does a few months in jail. All he had to do was not go outside to talk to the jealous ex bf. And all he had to do was not answer the door when the cop came. And if detained, keep his mouth shut. And if arrested keep his mouth shut. Ex bf is not arrested or charged with anything. Interesting, unrelated side note... Chief of police that arrested him was busted for having sex with a teenager about a month later. And accused of others previous to her. He's a serial statutory rapist! Months later, cop is found guilty and put in prison. Don't trust cops. Listen to this lawyers advice. Keep your mouth shut, no matter how long you are sitting there for. Don't consent to anything.

[@roblandry2327]

One person who is protesting on the sidewalk,with a sign, would the police give me trouble. Just new to tabs excused my ignorance.

[@GustitisLaw]

I don't understand your comment or you question, if you had one.

[@SergeRom47]

Given that police officers can lie during an interview or interrogation, are they in any way permitted to impersonate a public defense attorney?

[@GustitisLaw]

Probably not. If they impersonated an attorney, then statements made to them are probably involuntary.

[@ericaalarcon4029]

wow! thank you for these videos i wish i would have learned all this sooner. question... what if your asking them the reason of why they are detainging you and they dont answer? for example if i ask them whats going on or why i cant leave? and am i being arrested? and there response is simply just wait right there and they refuse to tell you anything?

[@GustitisLaw]

They are not required to tell you anything. As long as they have legal cause to hold you, they can do so. Please discuss your personal situation with your defense attorney to determine whether you have any grounds for a motion to suppress evidence.

[@stakino54]

@@GustitisLaw your response here is a bit confusing to me. You state that we have the right to know what we are being arrested for. But if we ask this they don't have to answer?

[@GustitisLaw]

@@stakino54 In my comment responser, I don't believe I said we have the right to know what we are being arrested for. I actually said: "As long as they have legal cause to hold you, they can do so." So, I'm not sure what's confusing about that.

[@addiktd]

@@GustitisLaw but if you ask them if they have legal cause to hold you, are they required to answer?

[@thedude6712]

@@GustitisLaw While this original poster's comment was about a detainment and not an arrest, at 1:55 in the video you did state that if you are arrested, you have the right to know why you are being arrested. I have heard other lawyers make the opposite claim, that at the time of arrest they do not have to cite particular charges, and can work those out with the prosecuting attorney later.

[@keithcorbeil2569]

If I'm understanding your video correctly it says as long as a cop has suspicion I'm committing any crime they can stop me on that alone with no proof and I have to identify myself upon their request

[@dreemworkx1506]

Please continue doing why you are doing Suppose a police officer takes you a away is there a GPS on their vehicle to show where the location of their vehicle is

[@GustitisLaw]

I don't know. However, there is probably a GPS device inside their iPhone.

[@brettwallace6163]

Do they still have to read u ur rights

[@GustitisLaw]

Only under custodial interrogation. Otherwise, no.

[@charlescarmichael1124]

I’ve seen a lot of videos that say you do not have to identify yourself unless you are under arrest.

[@GustitisLaw]

That depends upon state law. In general, so many of my readers are concerned about identifying themselves. But I cannot figure out why.

[@stevenharder308]

@@GustitisLaw it’s much easier for cops to harass you and/or your family if they know who you are and where you live. Without already having a lawyer present, it can be hard to guess why they want to know. It’s like inviting them to come stake out my house if they can’t get what they want by talking to me. Finally, it’s common sense to avoid telling strangers where you live, and not to be careless with personally identifying information. Not being a lawyer, I don’t understand exactly how remaining silent is helpful either. Along the same lines, not knowing how/whether your identity and address can/will be used against you is the whole point of withholding them.

[@GustitisLaw]

@@stevenharder308 Why would they want to spend valuable resources on such folly unless they had intelligence that criminal activity was afoot. I’ve been showing my ID to the cops for years and I’ve never been harassed nor had them stake-out my home. Are you sure nothing else is going on?

[@stevenharder308]

@@GustitisLaw since the decision has to be made without knowing what they think is afoot, I’d rather limit their options-and I’d rather never get to the point where I had to hire a lawyer. If I have to appear in a police report that gets cross-referenced with God knows what, I’d prefer to appear as something like “a white male subject”.

[@stevenharder308]

@@GustitisLaw I suppose the bottom line is this: if I don’t break the law, the only way I can be convicted of a crime is to be falsely convicted. The surest way to avoid that seems to be never to appear in a police report.

[@ghostking9254]

Love ur content I'll keep posting on my face book thank u.

[@GustitisLaw]

Thanks for visiting and for your kind words.

[@polo54321]

Can a rcmp charge me for a dwi when I had a home invasion and flashed the rcmp down for help and had my 4 ways on,they refused me medical attention, charged me over the limit, my door was kicked in and attacked, asked to call my lawyer and was refused, had a anxiety attack then taken right home .had cuts and bruises

[@GustitisLaw]

I don’t know. I would need to review all the facts and circumstances related to your case.

[@davidely7032]

Cops tend to think that because most citizens (naively) surrender their Constitutional rights (relinquish their ID, answer questions, stop filming, etc.) then they have reason to believe their badge trumps the Constitution. They go on to badger, bully, and berate anyone who tries to invoke their Constitutional rights instead of meekly submitting to their will. In their minds, it is a crime, (an imaginary crime), to 'refuse to ID', 'hinder an investigation' with silence, or to engage in 'disorderly conduct' by refusing to obey their demand to stop using your camera to film their behavior. Nope, nope, and nope. Defend your Constitutional rights by using your Constitutional rights. Let them become enlightened and aware by having to independently and objectively confirm the rights given to you by the Constitution. Don't give them a reason to bully the next person by letting them think their badge is the supreme law of the land and all must submit and obey the laws they invent on the spot to suit their egos. ❤

[@GustitisLaw]

Great comment. Thanks.

[@PhillPsalm23]

Can the Police just make up a lie for reasonable suspicion so they can detain me?

[@GustitisLaw]

That, of course, is a possibility. Most don’t. Some would.

[@myyoutubechannel3161]

Yes they can make up any lie to detaine just know your rights brotha

[@GustitisLaw]

@@myyoutubechannel3161 That's right. Encourage everyone to keep their mouths SHUT! Thanks for commenting.

[@shoobadoo123]

Gustitis Law if you watch amendment audit videos, you will unfortunately see that most do. Seems to be about 70-80% of the time they illegally detain you

[@GustitisLaw]

@@shoobadoo123 Thanks for your informed comment. It is always a battle.

[@lsihom2024]

Can highway patrol search my car without search warrant? I have nothing illegal. Can he arrest me?

[@GustitisLaw]

Yes, if they have probable cause or your consent. They can arrest you if they have probable cause you were committing a crime.

[@lista1923]

can the cops take your phone?

[@GustitisLaw]

Yes, but they need a search warrant to get into it. Good question.

[@josuemaceda7623]

I like to know if you are force to turn your personal cellular phone to the police after an accident

[@GustitisLaw]

They can seize the phone if they believe there's probable it contains evidence. But they need a search warrant to examine the contents of the phone.

[@josuemaceda7623]

I once turn the phone to them, they can see what I was doing prior to the accident

[@GustitisLaw]

@@josuemaceda7623 They need a search warrant first.

[@josuemaceda7623]

@@GustitisLaw thank you for your reply

[@GustitisLaw]

@@josuemaceda7623 Of course!

[@Ishbennett]

Do I have to identify myself even if I didn’t commit a crime ? Say the cop jus walks up to me and goes “hey what’s your name “ and I keep walking and he goes “STOP “ , “what’s your name”

[@GustitisLaw]

First, you have no idea what the cop is thinking, regardless of what you think. What is the harm in identifying yourself?

[@Ishbennett]

@@GustitisLaw lol i juS didn’t want to talk to the cop

[@GustitisLaw]

@@Ishbennett There is risk and benefit in everything. Thanks for visiting.

[@GustitisLaw]

@@Ishbennett I understand. The problem is you don't know what the police are contacting you for. There is nothing wrong with identifying yourself. Don't answer any more questions than that. Thanks.

[@fb510m]

So if arrested i invoke my right to have an attorney present and “they” will pay for it? Are there income restrictions on how much you make that determines if “they” will pay for my attorney?

[@americanlegaldefense7789]

The Fifth and Sixth Amendments only protect you *at trial.* Because anything you say to Police can be used against you at trial, the protections are triggered when interacting with Police. However, if Police do not honour these rights, they have *not* violated them. Since the rights exist to protect someone from *prosecution* in a *criminal case,* all it means is that the statements you make cannot be used against you *at trial.* (See _Chavez v. Martinez,_ holding that compelled incrimination does not violate the Constitution if it isn't used against him in court). Some examples of statements that are automatically considered "compelled" include: ** Failure to inform an individual of his right to remain silent and his right to consult with a lawyer (Miranda v. Arizona). This only applies during custodial interrogation. See _California v. Beheler_ (defining "custodial") and _Rhode Island v. Innis_ (defining "interrogation"). The Miranda rule applies to juveniles as well as adults and is more strict with juveniles. See _J.D.B. v. North Carolina; In re J.D.B._ There is one exception to the Miranda rule: public safety (New York v. Quarles). ** Failure to allow an individual to speak with a lawyer during custodial interrogation (Escobedo v. Illinois). ** Failure to cease all questioning until a lawyer is present after an individual requests a lawyer (Edwards v. Arizona). ** Threats or risks, e.g. a risk of bodily harm (Holt v. People of the Territory of Utah) As I've already stated, the rules being broken does not constitute a Fifth or Sixth Amendment violation unless the statements obtained as a result are used against you. For example, Police in _Alexander v. City of Round Rock_ (Fifth Circuit) attacked a man for remaining silent. Since he was under no obligation to speak per the Fifth Amendment, their use of force aginst him was excessive and thus violated the Fourth Amendment privilege against unreasonable searches and seizures. But since no statements were used against him, his Fifth Amendment rights were not violated.

[@americanlegaldefense7789]

However, it should be noted that the Supreme Court has recognized a reasonable time to secure counsel before trial and a right to have him during trial. It wrote in Rothgery v. Gullespie County: _By the time a defendant is brought before a judicial officer, is informed of a formally lodged accusation, and has restrictions imposed on his liberty in aid of the prosecution, the State’s relationship with the defendant has become solidly adversarial... a criminal defendant’s initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel._ Aa far as income restrictions go, the Supreme Court recognized in _Gideon v. Wainwright_ that any individual who cannot secure counsel himself must be given one free of charge, regardless of his amount of "income." However, although the Sixth Amendment guarantees a "good and reliable" attorney, it's best to have one on-hand rather than trusting the government to appoint one for you-the same government that wants you behind bars.

[@GustitisLaw]

Thank you.

[@GustitisLaw]

Thank you.

[@rickuyeda4818]

You must apply for a Public Defender. During the prelim, if you don't have an attorney, a Public Defender will be assigned only for the prelim. Then there are forms to fill out to see if you qualify.

[@donwaltman4276]

I'm not 100% sure, but in Michigan the police don't have to tell you why you are being arrested. Could be wrong, it might be they don't have to tell you why you are being detained.

[@GustitisLaw]

I doubt the police must tell you why you are getting arrested anywhere in the country.

[@janicegriffin645]

I have a friend that when stopped by the police they used excessive force broke his arm where the bone came out of his arm and they had to call a helicopter to take him to emergency surgery. He was then charged with tampering with evidence accused of Swallowing a baggy and Resisting arrest.There was no baggy like they accused. Every lawyer wants 10,000 to take this case is that a Typical amount?

[@GustitisLaw]

My standard fee on a felony is $10k. So I don't think such a fee is unreasonable. That is an excellent question.

[@eq1373]

"A friend." Suuuuure 🙄

[@joealvarez5659]

Okay well a friend of mine was waiting at a gas station in Phx Az for his girlfriend to pick him up. But before she picked him up phx pd pulled up and the two officers walked up to my friend named Eric and told him to sit. Then they started asking him questions searched him and found he had a gun and some perks. Then they wanted him to give up names of where he got the perks with out him giving them permission to search him. The gun is legal and they told him that he was a felon and could not have a gun but they gave him paper work so that he could get his gun back just wondering what he can do

[@GustitisLaw]

Since I have no access to the law and evidence applicable to this case, there is no way I can competently give advice. My only suggestion is for your friend to remain silent and hire a qualified criminal defense attorney immediately.

[@eq1373]

And how long were the narcs surveilling you....I mean your "friend"?

[@stephaniemcdonald6139]

Hello, love your channel thank you for what you do it's amazing! Ok first my boyfriend and I got into a bad fight he packs up everything he owns including all his guns and leaves. Guns are in front seat two shoot guns and two riffles he also has a pistol but it was wrapped in a sock and in a duffle bag in the back. He has no tag because he just bought vehicle but was still in his 20 day grace period.they pull him over and he tells them I have guns in front just so your aware when they was approaching so they ask him to step out he does they ask to search he tells them no and explains why he had his guns and that everything he owned is in there so no..they did anyway found less then 2 grams marijuana his pistal and another officer walking up found a pipe on the street so he got charged with marijuana second drug paraphernalia and pistol without a permit. 2 weeks later he goes to pick up his guns and they arrest him and charged him with receiving stolen property because one of the guns ended up being stolen.he did not know it was stolen!! he got his shotguns back and the pistol they said they could not find. we went to court yesterday and the pointed lawyer finally reviewed the video and they said that it was unlawful that they didn't have the right to search but they tried to get him to plea on two misdemeanors which we refused and said to send it to trial so they're setting up another hearing for the judge to look at the video to see if it was lawful or not so now apparently the judge has to decide. Does he have a good defense to suppress the evidence and what should his next step be and can he sue the police for the unlawful searching seizure and what about the pistol that's missing? Thank you so much!

[@GustitisLaw]

Unfortunately, since I have no access, at all, to the evidence in this matter, I cannot give any opinions about the efficacy of a suppress hearing or what the next steps might be. Since both are legal advice, I am unable to provide legal advice over the Internet. Your BF's defense attorney can better answer your questions. I wish I could help.

[@KinKnives]

I have never understood why cops do not read you your Miranda Rights when pulled over in a car. Miranda Rights are to be read when you are being detained and can not leave and are being asked questions. Well when you are pulled over, you are detained, you can not just leave when you want to and you are being questioned, so why don't they have to read you your rights? Anything you say can be used against you, durning that detainment. It would prevent or help people from concealing there identity durning a stop. If you have not been read your rights durning a stop, that cop is detaining you and asking you questions. If you give him or her a different name, they can use that against you. But in my opinion they shouldn't be able to, since no rights had been read to you at that point.

[@GustitisLaw]

Miranda warnings are dependent upon official police custody, rather than the temporary detentions we face during a traffic stop. The difference between an investigative detention and custody is well established in the law.

[@thedude6712]

If you are pulled over in a car and you give false identity information to the police, that would be a crime whether or not you had been read your Miranda rights. The Motor Vehicle codes in all states are pretty clear about your privilege to drive being subject to regulation, and one of those regulations is the requirement to produce valid identification during a traffic stop. That identification may have to be the physical driver's license, depending on the state, or it could be as low of a bar as verbally identifying yourself sufficiently.

[@billhecker9896]

You said you have to identify if you are arrested. You should have said if you are legally arrested.

[@GustitisLaw]

That’s true. But I have no problem with people identifying themselves. Since the act of identifying oneself is non-testimentary, it is not protected by the 5th Amendment.

[@eq1373]

Wrong. You have to identify yourself either way, regardless of whether you think the arrest is legal or not.

[@edwardpresley3134]

What if you look like someone and they ask you for ID

[@GustitisLaw]

If you look like a suspect they are searching for, that would be reasonable suspicion to ask for identification..

[@mohican19831]

If you have a right to remain silent under the 5th amendment how is it possible for the police to charge you with failure to identify ?

[@GustitisLaw]

You have the right not to incriminate yourself. Your identity is not deemed incriminating. That’s why they can extract your name from you.

[@mohican19831]

If the US constitution is the supreme law of land how are they allowed to disobey it ?

[@GustitisLaw]

@@mohican19831 The constitution says you have the right not to incriminate yourself. If revealing your identity does not incriminate yourself, then how does that violate the constitution? I believe your understanding of the constitution is flawed.

[@mohican19831]

I see the 5th as being silent period I'm not saying anything . lawrighters it seems are trashing the US constitution

[@GustitisLaw]

Provide your identity and then keep your mouth shut.

[@opencarry3860]

What are you talking about? Some states are not stop and identify. In my state of Idaho, carrying of weapons open or concealed is a right and not grounds for pat downs unless being arrested.

[@GustitisLaw]

Some states do not required identification under certain situations. However,, you don't know whether one of those situations applies to you or not when you are out on the street. Why would you fear identifying yourself?

[@opencarry3860]

@@GustitisLawThe Fourth and Fifth Amendments is why I will not identify, also I am not obligated to assist police in their investigations.

[@GustitisLaw]

The only thing the constitution protects you from is testimentary evidence. Identifying yourself is not testimentary.

[@eq1373]

@@opencarry3860 all stop and ID laws mean is that you can catch an extra charge for refusing to ID. If there is RS to detain you, the detention doesn't end until you're ID'd - period.

[@wayneaustin5533]

Not sure why I would need to identify my self if I didn't commit a crime. I was under the impression that if I'm not in a stop and ID state then I don't need to show ID and that includes providing my name and address.

[@GustitisLaw]

In Texas, if a cop has reasonable suspicion to detain you, they have the authority to identify you. I am not familiar with laws in other states that may be different. Nevertheless, I don't understand why folks are so concerned about identifying themselves.

[@onelegkahn]

Do the police have "the right" to frisk you if you are not yet detained or arrested? Do the police have "the right" to know your name and address if you are not under reasonable suspicion?

[@GustitisLaw]

Your use of "right" is misplaced. Rights are outlined in the Constitution and apply to the public.

[@GustitisLaw]

@@Eric_from_Kansas I appreciate your visit and your kind words.

[@siryeetus6226]

Do you have the right to refuse to provide an ID and let them run your ID?

[@GustitisLaw]

That depends upon your state's law.

[@randypond7499]

Have you ever been pulled over while driving?

[@GustitisLaw]

of course

[@robertsinclair7502]

Is a cop aloud to identify you in Pennsylvania without committing a crime

[@GustitisLaw]

I don't know. I don't practice law in PA.

[@HORIZONCITYNEWSSERVICE]

THE SEIZURE & SEARCH DEBATE PART 25 (29MAR20) - TX PENAL CODE 38.02, THE 5TH AMENDMENT, & THE EPCSO :

[@GustitisLaw]

And your question is?

[@GustitisLaw]

@@Grumpyin In Texas, where I practice, if the police have reasonable suspicion to detain you, 38.02 prohibits a person from giving a false name, birthdate, etc. If you remain totally silent, they will STILL take you to jail because they can . . . they are the police. You might later beat the case in court, but why go through all the hassle. Just identify yourself and keep your mouth shut.

[@briannawilliams2068]

So in the case that the officer frisks you unnecessarily you should not resist of course. But how should you go about then reporting that officer?

[@kishintuchis7076]

CAN THE POLICE LEGALLY GET YOUR NAME , ADDRESS AND TELEPHONE NUMBER ANY TIME THEY ASK FOR IDANTIFICATION , EVEN IF YOU HAVE DONE NOTHING ILLEGAL , AND THEY HAVE NO RAS ?

[@GustitisLaw]

That depends upon your state's law. Further, I don't understand the big deal about identifying yourself to the police. Is it simply a matter of rebelling or is there another angle I don't see?

[@elizabethashby2673]

Bullies get physical anyway regardless!!! What stops that on site???!!!

[@GustitisLaw]

I you play with fire, you will get burned. Don't give the cops any reason to be angry with you. Exercise your rights and keep quiet.

[@NANA3grandkids]

Can a prisoner drop habeas corpus after they file it

[@GustitisLaw]

Yes.

[@opencarry3860]

If detained, answer zero questions. Ask if you are being detained and if you are, ask what their RAS is. Never, ever answer questions.

[@GustitisLaw]

Why ask anything? Even if they lie to you, it doesn't help. If you start talking, that will encourage the cops to continue talking and asking questions.

[@opencarry3860]

@@GustitisLaw I would be recording the contact and if they respond to my question, then I will know if I can peaceably go on my way or not. If I am being detained, then they need to provide the legal reason for the detainment and if they do not I will have that on record. Asking questions of them is quite different than me answering their questions, which I wouldn't do.

[@GustitisLaw]

Thanks for giving your opinion on this thread. It may help others in similar situations.

[@americanadvocate7829]

I was taken hostage by the UNITED STATES INC under the Trading with the Enemy Act, 28 USC 2610(g)(2) and was wondering if you would have an interest in winning a very large sum of credit in this NO IMMUNITY statute ? Thank you James.

[@GustitisLaw]

No James, I am not interested. Thanks.

[@kirkskilling3249]

@@GustitisLaw LMAO

[@eq1373]

SovCit nutcase

[@joelmckaig946]

I would say anything you want to know from me you have to ask permission from my conservator first

[@christusler5997]

Do the cops have every right to pull you over if they know you do not have a license? And is it true that you do not need a license to travel for example: a cop pulls me over and say chris why are you driving I tell them I am not driving I am traveling , so is that correct or is that just all bull?unless it is a commercial vehicle so please fill me in and I live in iowa

[@GustitisLaw]

They can pull you over if they know you don’t have a license. The other question is a matter of your state traffic laws.

[@christusler5997]

@@GustitisLaw how do you find that out without being lied to the sheriffs and city cops are all crooked they go out to the bars for a bachelor party and they are all drunk but its ok for them to do it and still have a job but they can sit down the street from me and or drive by to see who all i have at my house or to catch me driving but theres a drug problem in our town but there more concerned about me driving

[@GustitisLaw]

I don’t know. I wish I could help you but I’m not in the appropriate position to do so.

[@thedude6712]

Chris, don't listen to the Sovereign Citizen bullcrap about not needing a license to drive a motor vehicle. They are basing that on the delusion that commonlaws from 200 years ago are still the law of the land. Our laws have been codified since then, and there is caselaw out of the yin yang demonstrating that you must have a valid license to operate a motor vehicle, even for non-commercial purposes. If you are in operation of a motor vehicle, then you are driving, not "traveling", and are subject to all of the motor vehicle statutes that go along with that.

[@eq1373]

@@christusler5997 put the meth pipe down, pay your fines, and get your driver's license back and you won't have that problem

[@kevindunlap5525]

You may think that because you live in the States that you have rights, but one thing is sure: When you get involved with a police officer, your rights are completely gone. Pushing them will get you in trouble, if you can believe it. Most people will never go through this and that's why they think they're immune. You have no rights in the USA.

[@GustitisLaw]

Who invokes individual rights? Who enforces those rights? Neither answer involves the police. It’s your choice to believe what you want. If you want to confess, then that is your choice, as well.

[@kevindunlap5525]

@@GustitisLaw The big issue is that law has nothing to do with policing. We all know it, and we all see it every single day.

[@GustitisLaw]

@@kevindunlap5525 How about something specific, first hand examples? Not what you see on TV.

[@thuxta]

That's not accurate. You do not have to identify yourself unless they have RAS of a crime unless it is a stop and ID state. The 4th ammendment is something I hold dear to my heart.

[@GustitisLaw]

Why take a chance? How do you know the police do not have reasonable suspicion? How do you know the police won’t lie about their reasonable suspicion? Why would you want to get arrested, pay for bail, and risk criminal prosecution all over a failure to identify? Over principle? That is not a smart tactic out on the street.

[@thuxta]

@@GustitisLaw this isn't nazi Germany. Give me your papers! Don't be a quack.

[@GustitisLaw]

@@thuxta Before you come to my Channel and start calling people names, get your law degree and then I’ll talk to you.

[@thuxta]

@@GustitisLaw I have a degree in another field. I just know my rights counselor.

[@thuxta]

@@GustitisLaw I didn't call you a name if you read my comment correctly. I said don't be one not that you are one. Thank you

[@dwsmyyth3480]

Remain silent and verbally invoke the fifth amendment and sixth amendment rights

[@GustitisLaw]

Good comment.

[@onelegkahn]

When can/do police lose qualified immunity?

[@GustitisLaw]

For what kind of conduct? Generally, that would be a question for a civil rights attorney.

[@JustSomeRandomGuyOnYouTube]

The police only have the right to have you "properly identify yourself" if certain legal standards are met and those standards vary state-by-state!!!!

[@GustitisLaw]

I don't understand the big deal about identifying yourself to the police. Is it simply a matter of rebelling or is there another angle I don't see?

[@JustSomeRandomGuyOnYouTube]

@@GustitisLaw If it wasn't a big deal there wouldn't be a 4th Amendment. An entire war was fought so Americans can be free from governmental tyranny which included showing papers on demand. Some people don't see what the big deal of letting the government search their homes without warrants, but as a lawyer I doubt you encourage that behavior, lol. So, I will demand that all legal steps be taken before I allow them into my home/car or show/tell them my identity.

[@GustitisLaw]

@@JustSomeRandomGuyOnKZbin I disagree that identifying oneself is governmental tyranny. Paying taxes to the IRS is more tyranny than giving the police your identification.

[@JustSomeRandomGuyOnYouTube]

@@GustitisLaw I don't disagree that taxes are tyrannical, but I also don't hear of too many people volunteering to pay taxes when they don't have to. Just like people shouldn't volunteer to ID when they are not legally obligated to. Some people don't think it's a big deal to talk to the cops without a lawyer. They will tell you that if you have nothing to hide you should talk to them, lol. I can't see you questioning the angle of waiting for a lawyer.

[@eleazarsalva5116]

The police don’t have a right to identify anyone they contact. In order for an officer to demand someone identify themselves, they need reasonable suspension.

[@GustitisLaw]

Why are you concerned about being identified? Who cares if the police know who you are? Why make trouble when there is none? Anyway, I believe your position is what I said in the video?

[@tich6308]

I was a dispatcher for a several municipalities. I believe this question is significant because what I’ve witnessed on more occasions them I care to recall, giving the Leo your info before you can establish why they need it tends to lead to them manipulating, gaslighting, and harassing the victim who was accosted. I believe giving up this info should be done strategically, otherwise one find themselves unwittingly helpful to the leo in leveling false, frivolous and fictitious charges on themselves. At least if they (citizen) could secure pertinent info from the Leo first, although they may not get the result they want, they have info to work from. (i.e. leo’s name & badge#, purpose for detainment, witnesses, conditions, Leo’s testimony during arrest/detainment. etc. I’ve seen too many times the citizens not do this and give unsavory leo-s the advantage only to end up frustrated broke and inconvenienced from not only having the issue turned on them but left without recourse to experience all the inconvenience s of trying to defend it in court!

[@dianuesfarm4806]

Do police have the right to detained someone without a arrested warrant, only base on mere allegations? In my Country Liberia, if someone take your complain to the police station, all the police do is jail even without investigation.

[@arthurpowers3724]

Evidently, law enforcement (i.e. 'the police' et al.) are able to 'detain' you, and you don't address this ability on their part. I believe that their ability to detail one is limited (including being time limited); I am anticipating that some degree of "probable cause" would enter into the situation resulting in one's detention, as well, H

[@arthurpowers3724]

My telephone 'wigged out' frustratingly, so I will see if I am able to conclude here, so here goes.... "However, I do not know anything regarding 'detentions' under U.S. federal or state laws, and I am hoping that you may be able to shed light on this subject, thank you. [Denver, Colorado]

[@GustitisLaw]

I cannot shed light on anything. Please hire an attorney in Colorado to help you. Good luck.

[@jessicaoswell7361]

Don't you only have to give ID or identification if they are going to cite you or you are being booked? Also don't police have to provide a reason for pulling you over while driving before you provide ID? Otherwise they are just stopping cars for no reason then getting their ID.

[@GustitisLaw]

They must have reasonable suspicion to stop you, whether for a traffic offense or any other offense. Once they have reasonable suspicion, they can ask for identification.

[@jessicaoswell7361]

@@GustitisLaw In any state? I thought reasonable suspicion only allowed them to get your ID in a stop and ID states.

[@GustitisLaw]

@@jessicaoswell7361 Texas is a reasonable suspicion state. Other states may allow the police to obtain ID without reasonable suspicion.

[@markmixon1121]

@@GustitisLaw In Texas you only have to ID after you have been lawfully arrested. Penal code 38.02. In no state are you required to ID with out at least a reasonable suspicion of breaking a law. Terry v Ohio Police can’t force you to ID just because they want you to for no reason.

[@GustitisLaw]

@@markmixon1121 I’m sorry, but you are wrong about the law in Texas. See section (b). But if you want to talk about things out on the street, if you don’t identify yourself, you are spending the night in jail. I guess, if you want to go to jail on principle, that’s up to you.

[@Marcuswelby-nx2te]

My aturny is Dewey cheatem and howe

[@GustitisLaw]

That's an interesting position. Are you guilty?

[@NixUgriBugri]

Under what circumstances do the police have the right to ask for my ID? Clearly they cannot just stop anyone and everyone for ID any time they feel like. I am not talking about driving a car which clearly require an ID (licenses) bur rather walking my dog on the public street ...

[@GustitisLaw]

They typically need reasonable suspicion to stop you. Then they can identify you.

[@thedude6712]

This cannot be answered without you saying what state you are in. Some states do still have laws on the books that require you to identify yourself in any encounter with the police (stop and identify). Other states have statutes which say that you only have to identify when they have RAS that a crime is involved (past, present, or future).

[@NixUgriBugri]

@@thedude6712Thanks I live in New York State and walking my dog and was stopped.

[@iamme8949]

There are aspects of this video that are completely untrue. Cops do not have the right to Teri frisk you, unless they have a reasonable and articulable suspicion that you are armed and therefore dangerous. Different states have different laws on when you need to identify yourself. Case in point California specifically states that you do not have to ID unless you have been lawfully arrested. All states that I am aware of failure to ID is a secondary offense. You have to be charged with some sort of a crime, in order to be required to ID which also is backed up by the fourth amendment.

[@GustitisLaw]

The big question is this: why would anyone fear identifying themselves to the police? For god’s sake, the IRS knows exactly who you are. Why aren’t people complaining about that, too?

[@GustitisLaw]

Additionally, please create a KZbin Channel and post videos explaining your position on these issue. I’d love to watch them and leave comments, as well.

[@iamme8949]

Wow, you’re an attorney supposedly giving your interpretation of the law. I’m sorry, but your interpretation is incorrect. I don’t need a KZbin channel to discuss that. To answer your other question law enforcement swears an oath to uphold the constitution, but are never taught the constitution and they’re training directly contradicts the constitution. Our rights are taken from us daily and we have to fight years or sometimes decades of court battles to get them back. You are ok with this? As an attorney, you should know how to interpret Terry v Ohio. The judge clearly defined law in Terry v Ohio, and subsequent cases. You should know that in Terry, v Ohio, they clearly defined armed and dangerous. However, in subsequent cases they have foind that armed is dangerous. However, there has not been a single court case that I am aware of that has stated a cop can put his hands on me for any reason or time.

[@GustitisLaw]

@@iamme8949 Where did you study law? I’m very curious.

[@iamme8949]

@@GustitisLaw ​ @Gustitis Law I love this response. In my chosen profession which is something you can not live without I too have to deal with people questioning me. I get it, but I have never once started with or responded with "because I am the ... here". In Terry v. Ohio the search was upheld because the officer was able to reasonably articulate that "crime was about to be afoot" and that crime was often carried out with weapons. Because of this he was able to reasonably articulate his suspicion that Terry could've been armed and was dangerous. United States V. Fernandez Johnson in this case was was a passenger in a car that was pulled over. Much like Terry, Johnson was "Terry Frisked" and found to be armed. However the officer was not able to articulate his suspicion that Johnson was doing something that warranted losing his 4th amendment. The Supreme Court reversed. It held that, because the traffic stop itself was proper, the frisk of Johnson would have been lawful if based on reasonable suspicion that he was armed and dangerous. Courts have ruled that passengers do not need to ID during a traffic stop as they are not involved. Federal Judge has also ruled that extending a traffic to check a passengers ID is a 4th amendment violation to the driver. Floyd v. City of New York Federal Judge ruled that stop and frisk/ID in New York is unconstitutional. The proceeding judge went so far as to order a court appointed monitor to oversee the over hall of the unconstitutional policy. There are hundreds of cases that contradict your opinion on ID in this video. I do not know of any that support it. I enjoy watching your videos but I am sorry the police do not have "the right to your ID". They may in some cases have the legal authority to get your ID but the people are the only ones that have "rights".

[@duncanthompson4038]

I may not want to identify myself. I know I have to identify at borders and some other places but the US is not a stop and ID country. Why do they need to know who I am? where I live?

[@GustitisLaw]

Identification is a matter of state law. You must be familiar with it to know whether you must ID or not. If you are required to ID, but you don't, you are going to jail, regretfully.

[@johnstack5008]

Lets say the cop lies and says that you did consent to search? With no camera footage of your consent, how would that be handled.

[@GustitisLaw]

The judge would listen to the cop’s testimony, and any other contrary evidence, and then decide whether the cop’s testimony is credible. If yes, then the court will deny the motion to suppress. If no, then you will win.

[@chrisreis7199]

I’d suggest to be prepared to film/record any encounter with a public servant or police officer. For they can record for their safety, so can you.

[@wread1982]

None, they can do whatever they want

[@GustitisLaw]

Sure they can. It's your lawyer's job to sort out the details and attempt to exclude illegally seized evidence.

[@anthonylannon3258]

Can I sue a cop if he uses a bogus excuse to search me and get my name and birthday and social security number falsely

[@GustitisLaw]

I don't know. I don't sue the police. Sorry I could not be of any help.