Refusing Police Searches | Step By Step

Asserting your rights in the midst of a traffic stop is a challenging legal situation. In this video I give you 4 steps to effectively assert your rights politely and effectively.

When the police pull you over you have to make a determination. Are they looking for criminal charges, or is this a simple traffic stop? If it's a simple traffic stop your behavior is going to be different than if it's a criminal investigation. Treat it that way.

Constitutional Issues Raised: 4th Amendment, 5th Amendment, Florida Right to Privacy.

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[LegalBro]

There's a right way and a wrong way to interact with the police. It's not as simple as "refuse to talk" that just isn't realistic.

[fred_derf]

If the officer's lips are flapping, they're trying to find a way to arrest you. Period.

[PC-uhhk]

I had a NH state trooper tell me he smelled alchohol and I told him it might be coming from his own breath because I don't drink. He took my license and registration to check to see if I had any wants or warrants and came back and told me to have a nice day.

[patriot]

I spent 18 years as a police officer, including Chief of Police. Now, I give officers my license, insurance, and registration, but I tell them up front, "I don't answer questions". Then I remain silent. I also have a dash cam that doesn't show its on, but it's recording. I never consent to searches. I've had officers ask why I don't answer questions. My response is simple, "I have the right to remain silent, anything I say, can and will be used against me in a court of law". I've had police call for a K9 and then try to tell me the dog "hit" on my car. Wrong. My wife and I, nor our family do drugs. This is why I record everything, when I have to interact with police. What you're saying about, "just isn't realistic", is very realistic. I can't be forced to answer any questions. Period. People do not have to assist police in investigating themselves and I don't. I also do not allow police to demand the ID of my passengers. The scope of their traffic stop ends with me, not the passengers.

[jobr]

I am a felon and have been asked questions like this many times about weapons. I have already learned from my attorney what to say from the beginning. First I turn on the Camera from my phone and put it in my shirt pocket without telling the police my phone is on. Just like a body camera, it saves your butt, trust me. I use an app that streams my video online so they cannot erase or destroy the phone. I do not even ask what the stop was for, when pulled over, I give the my information i.e. License, registration and insurance. When asked ANYTHING ELSE, I politely tell them I have nothing more to say. Even if it is just asking where I have been and where I am going. If they get aggressive, I just tell them I have nothing to say without an attorney to protect my rights. Sometimes they ask me to get out of the car, I get out while locking the doors, even if they do not allow me to roll down the window. That is when I ask them why they are extending the Terry stop. This is when they usually find themselves in a bit of a bind. I do not consent to searches and I do not do field sobriety tests or breathilyzers in the field. I am always nice and polite. I was searched three times by the same squad within a mile of my house and actually "Charged", with minor offenses including misdermeanor obstruction of justice. Went to court and when the video from my phone came out, the officer walked out of court during a minor recess and did not come back. Although my attorneys wanted to file perjury charges against all three officers, I told him that it would only cause me problems in the long run. never had any more serious problems out of the locals again. When I travel out of town, they have always just dropped the whole thing when I ask about the Terry Stop violations and they just let me get back into the car and go. usually without a ticket, just a warning. But the key is staying nice, polite and calm.

[jimmywho]

I've always found that when it escalates from a simple stop to something more intrusive that saying something along the lines of, " while I know my rights, I don't know the laws as well as a lawyer would, I'm invoking my Miranda rights and want my lawyer present before answering any questions." It's simple, legal, true, and a good protective measure. The great thing about rights is that you always have them, they always apply, and you don't have to wait for an officer to " give " them to you.

[KenJackson_US]

How about this: "I have great respect for our founding fathers who made sure we have the right to _not_ be searched. Please don't dishonor them. You may _not_ search."

[joeyyayo]

I moved to Clearwater fl a few months ago from Orlando, and within 1 week I was pulled over by Clearwater PD and asked to search my truck. He pulled me over in my own neighborhood for not wearing a seatbelt, got my license registration and insurance and walked back 2 minutes later and asked me if I got any guns or drugs I said no sir. He said “do you mind if I take a look” I replied with “I’m gonna respectfully exercise my 4th amendment and refuse to a search, knowing you can bring dogs out here but I’m just heading up to the store and don’t feel the need for a search over a seatbelt” and he handed me my license right there and said “alright man wear your seatbelt take care” kept it calm and respectful the whole time and that is the reason for the outcome I got. No ticket either

[georgejones]

Lots of innocent people are in jail because they talked to a cop.

[boomboy]

NEVER answer questions. Never give consent to anything. Politely but firmly advise that you decline to answer questions without an attorney present. That said, you CAN ask them questions like "Why are you stopping me?" and "Are you detaining me, or am I free to go?"

[BearInTheWoods]

I haven’t been pulled over in 40 years. Rule #1: Don’t draw attention to yourself.

[jdway]

I'm a retired military veteran so I tend to think along those lines in the elevated situations. Please note that I support and will defend all agencies of our judicial branch of government, but I look at it this way: If I didn't request your help/assistance then it's you against me - opposing factions, you declared war upon me. Extreme yes, but true nonetheless. Now, I'm smart enough to know you don't send troops to war untrained. You, on one hand, have been trained reasonably well in your field of expertise with probably a whole host of best practices, tips and tricks, and such. Me, on the other hand, am just an average citizen with the only law enforcement training I have coming from TV. I don't really know what you can or can't do (I must say the 'allowed to lie' disturbs me much!) So with this outlook in mind I find it best to exercise the right to silence and to not say a word without the advice of legal counsel. Why? Because legal counsel IS trained in this type of warfare - for you.

I know I know, if you don't do anything wrong then you got nothing to worry about. Ya, good luck with that.

[Americanpatriot-zotk]

Here’s what you do: 1:be polite and respectful! 2:know your rights3: be assertive enough to let them know that you understand your rights, and your assertiveness with them again in a polite manner. This country is run by our constitution not a bunch of storm troopers.

[OrdenJust]

Cop: "Why do you want a lawyer?"
Me: "I need to make out my will, in case you murder me."

[sanjosemike]

In my state, if you are pulled over while driving and REFUSE to take an on-site breathalyzer, the officer will impound your car and arrest you. They may also take away your driver's license for a year. This is not true in most other states, but it is in mine. So I cannot refuse.

In my case, because I do not drink alcohol and drive, ever, not even a drop, I will always blow zeros. But I am elderly and quite likely will fail on-site "impairment" tests. But I can refuse those. It's just not so for the onsite breathalyzer.

For people who live in a state where a breathalyzer is MANDATORY, (Yes, you can refuse, but you lose your license for a year), I'd recommend going online and purchase your own breathalyzer. They are inexpensive. That way, when you leave a bar or restaurant you can check yourself to make sure you're not over the legal limit.

Then, you can blow (your own) in front of the officer and just show it to them. That will likely shock them. They probably have never encountered a stopped person doing that before. While you are doing it, you can run your cell phone to record the numbers are below intoxicated. Better make damn sure they are, first.

And continue to SAY NOTHING.

Sanjosemike (no longer in CA)

[robertfrase]

I was pulled over for "Speeding" but I was doing 55 in a 60. The officer claimed I was doing 72. Yet there were 6 police cars on the same East-bound direction. Three on each side. I was in a cluster of cars all going about the same speed.
Officer aaked: •Where are you going?(The hospital (gave name) to see my brother. He had a stroke and an aneurysm and isn't expected to survive.)
•Where are you coming from? (Gave city)
Officer: •You have anything illegal in your car? (No)
•You have any drugs in this car? (No)
•You ever been arrested? (No)
•Can we search your car? (No. We're trying to get to the hospital.)
Officer: No?
Me: "No. I don't have anything illegal, I told you where we're coming from and where we're going and why. I don't have time for this.
Officer: "Well, your either going to allow us to seach your car or WE'RE GOING TO TOW YOUR CAR TO THE POLICE STATION AND SEARCH IT ANYWAY. We can do this the easy way or the hard way. So what's it going ro be?"
The police took me out of the car and put me in the back seat of their car. The made my wife stand away from our car out in the mud and wet grass for m the recent storms.
They proceeded to search our car tearing it up in the process. They dumped our luggage out with some of the items falling to the mud on the ground. Once they were through our car was completely trashed with everything strewn everywhere.
THEY FOUND NOTHING.
They gave me a ticket for expired insurance and expired registration but they never gave me a speeding ticket. Suspected it was because it was all a ruse anyway.
No apologies for being incorrect.
No apologies for trashing our car.
And they stayed and watched as we proceeded to attempt to tidy up after they trashed everything.
The stop lasted almost 45 minutes.
I never paid those tickets. Was not about to.
Since then, I've learned a hell of a lot more about what THUG PIGS are allowed to do and what they are not allowed to do.
If I could go back in time, or if this situation took place today the conversations would be a lot different.

[neusikesho]

Worst lawyer EVER for telling people to give up their constitutional rights and talk to the cops

[DamienCross]

I have been pulled over 3 times in 20 years but each time I answer with " I Don't Answer Questions."
The police officer knows what I may have done & writes the ticket. I would fight the ticket in court.
I record ALL interactions with the police, no matter what.

[krislewis]

My last stop was for "rolling a stop sign". Nope, had the dashcam footage to show and debunk in court. But the question about firearms was short-circuited (so to speak) by my having my 1911 .45 on my lap during the entire stop. Plain View - he knows I'm armed. Along with the license, etc, I also put my CCP against the window. No, I never hand over any of that unless I'm in a state that requires it. This is something I check before traveling, along with local carry regs. I avoid states that do not respect my permit (my January trip, I went some 100mi out of my way to avoid IL, because of this) or require surrendering of documents, if feasible.

No conversation is safe. "I do not answer questions" is always my answer. ALWAYS. I don't even confirm that the address on the license is still current. My window stays up to avoid the common LIE of "I smell (whatever)" to violate 4A (he can hear/be heard through the convertible top). Back to handing documents over. Unless the state law says I have to, I do NOT. Two reasons. 1- I will not surrender that psychological advantage. If he has your stuff, he can *imply* (never state, but the implication is common and illegal as blackmail if you can prove it) that "you're going to do as I wish if you want it back". Nope. 2- most jurisdictions have computers in the cruisers. Swipe/scan the license and it prefills most of the ticket. Uh-uh. You want to write me a ticket, you're going to do it the hard way. This also makes transcription errors more likely, which lead to citations being thrown out. Oh, and I don't allow a cellphone snap of my docs. Phones are hackable/unsecure, and that info is gold to an ID thief. Use a pen and notebook (bonus of more transcription errors), and I require the page with my stuff on it before you leave (put it, along with any citation, under the wiper. I'll get it after you leave).

(advice from a close friend in LE. Yes, he knows what he's talking about: he's the Sheriff - capitalized to indicate the elected guy, not a deputy)

If the gov't wants to reduce the "divide" between LE and the people, the Supreme Court decision in Frazier v. Cupp: 394 U.S. 731 (1969), that says they can LIE to us needs to be reversed. it's because of that decision that I will never trust an LEO that I do not personally know, and trust on a personal level.

[fluxrider]

When they ask if they can search your car, it seems to me a good first response is: Do you have a reason to search my car?