Search and Seizure: Crash Course Government and Politics #27

This week Craig talks about police searches and seizures. Now, the fourth amendment says that you have the right to be protected against "unreasonable searches and seizures" but what exactly does this mean? Well, it's complicated. The police often need warrants issued with proof of probable cause, but this isn't always the case - such as when you're pulled over for a moving violation. We'll finish up with the limitations of these protections and discuss one group of people in particular that aren't protected equally - students.

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[LightStorm.]

There is one thing you didn't clarify in this video, if you do get pulled over for speeding, they CANT search you or your car unless they see visible evidence of a crime committed or anything illegal in your car. Just because you are pulled over for speeding isn't probable cause to search you or your car.

[GlitchyShadow]

I'm British and I watch these for pleasure, I don't plan on living in the US anytime soon and I just enjoy these videos.

[cj-seejay-cj-seejay]

In cop situations:
1. Always film or record the audio of the interaction if at all possible. It's always legal to do so, but the police may claim otherwise.
2. Never consent to a search unless you are 100% sure the police won't find anything. Police will ask you casually, "Hey, mind if we check in here?" or something, and your natural inclination will be to say "Ok" because you want to seem agreeable and not suspicious. But don't do that. State in a clear voice, "No, I do not consent to this search."
3. Ask, "Am I being detained?" or "Am I free to leave?" If they say you're free to leave, LEAVE.
4. If the police say you're not free to leave, then stay there, remain calm, do whatever they say, and DON'T SPEAK. If the police start asking you questions (anything beyond your name and address), you don't have to answer. And you probably shouldn't. Just say, "I'm invoking my right to remain silent."
5. In such situations, where the police have you in custody and are questioning you, they really should read you your Miranda rights. That's the whole "You have the right to remain silent..." spiel. Once they say this to you, DEFINITELY shut up. Don't really say anything other than "I'm invoking my right to remain silent" and "I'd like a lawyer."
6. Cop interactions can be extremely high-stress situations, but try to remain calm. Move slowly. Don't make any threatening motions, like quickly reaching into your pocket. Speak calmly, slowly, and clearly.
7. If a cop seems to be ignoring your rights and threatening you, don't try to fight. *Just do what you need to do to survive.* Most cops do their best to follow proper procedure, but there are enough "bad eggs" on the police force that are racist, homophobic, transphobic, or otherwise bigoted that police brutality and murder is a serious concern for some people. For example, I told you in step 1 to film the police -- but your primary goal is to get out of the situation alive, so if filming the police is going to escalate a dangerous situation, it's very valid to choose not to do so.
Please be safe.
Bonus tip: If you are a bystander and you see an escalating police situation, FILM FILM FILM it! And then upload it to social media ASAP.

[Netbug]

Heh. "Deep in the weeds." Nice transition.

[littlewitchyfox]

"...even when I take the whisk out." Thanks, Craig.

[OperatorDirge]

2:56
Law enforcement *cannot* search your vehicle for speeding, if they have no reasonable suspicion that you are committing a crime. Speeding is a moving violation. Violations do not give law enforcement probable cause to search you, the vehicle, or any other occupants, because violations in of themselves are not crimes.

Now, if you were speeding and the officer uses roadside tests to determine that you are under the influence of a drug, or if you or someone else in the car were doing something obviously illegal, *then* the police would have probable cause to conduct a search.

[KidEatingClown]

Craig is definitely one of my favorite CrashCourse teachers, if not my favorite.

[hsavietto]

In Brazil the breathalyzer test is considered a right to the driver to prove he/she is not drunk. If the police officer has enough reason to consider you are drunk (by the smell or the way you are talking) you are going to be charged for DUI, unless you use your right to take a breathalyzer test to prove you are not drunk.

[guyshepard]

Comments here actually seem less ignorant than other channels. Could Crash Course hold the cure for the epidemic of stupid YouTube comments within their videos?

[josephgreer]

Can you do a segment on the 2nd Amendment? Specifically how case law has changed from the time of U.S. v. Miller (1939) to DC v. Heller? And an analysis of the text of the amendment?

[mischacrossing]

I've never heard that speeding (or other minor traffic law violations) constitutes probable cause to search a car.. unless they reasonably suspect you're fleeing the scene of a crime, which isn't the case with most speeding situations. All the cops I've ever worked with have to get consent to search when there is no obvious probable cause, like a weed smell or a weapon/ drug just lying in the passenger seat. I live in Tennessee, so maybe other states have different definitions of probably cause?

[emreosmanoglu]

I am watching these series outside of the US but the given informations are nearly universal. Thank you CrashCourse for enlightening us.

[CorneliusSneedley]

This episode is my favorite of the series.

[Lildrummerboy]

4:32 Thumbs up if you are an old school CC fan and miss this lmfao. Still never gets old

[Dignity]

Thank you for sharing this important information. So many people don't know their rights and you are making a difference by educating them.

[Corland]

tbh, I'm in law school in a Civ Pro class, and while this won't help me with all of the specific exceptions that make the 4th amendment protections look like Swiss cheese, it's a great overview and very helpful as a refresher before my exam. thanks Crash Course!

[seahawk]

Damn, I've missed the Mongols being around.

[joshbobst]

I also drive a Prius, Craig! Isn't it great? My favorite thing about the Prius is not that it's saving the environment - a dubious claim, I think - and not that it gets great fuel economy - it does, but diesels do better and are more fun, with their gigantic low speed torque - but that its electric everything make it so cool. Everything in my car except the smog pump is electric, including the engine's water pump and the air conditioner compressor. This means my car can be "on" with the air running, for up to a half hour, without the engine ever coming online!

[pitpir]

the motor vehicle exception wasn't accurate. the police can not conduct a search based on a simple moving violation. they still need probable cause that there is something illegal in the vehicle. there just isn't a warrant requirement. other ways searches are conducted are search incident to arrest which generally covers what the person being arrested at the vehicle can reach for and if the car is impounded inventory searches are lawful. but to summarize moving violations that you can't be put in jail for do not reach the level for the police to conduct a search. in general though when a moving violation takes place, police will ask for consent and individuals with nothing or a lot to hide will give it.

[kubricklynch]

Great series, can't wait for the next one!