Interesting Video of Advice Being Detained During Traffic Stop

[TerryMiller]

This gentleman mentions that if one is stopped for a traffic offense and the officer wants to search the vehicle, one should simply repeat that one does not consent to a search. Even if the officer threatens to call for a drug dog, one still repeats the same statement. Also, he states that according to the SCOTUS, one can only be detained (not arrested) for a period of time where a citation could be "reasonably" written up and presented.

 

[Snattlerake]

AND, you may revoke your consent to search at any time before or during the search if you initially gave them consent. That is something no LEO hardly ever tells the driver.

It should also be noted when an LEO obtains valid consent to search a vehicle, neither reasonable suspicion, nor probable cause, is required. Thus, “in situations where the police have some evidence of illicit activity, but lack probable cause to arrest or search, a search authorized by a valid consent may be the only means of obtaining important and reliable evidence.

There are two requirements for a consent search to be valid. First, the consent must be voluntarily given. Both “the Fourth and Fourteenth Amendments require that a consent not be coerced, by explicit or implicit means, by implied threat or covert force.”

Second, The person giving consent must have authority over the property to be searched. Your passenger cannot give consent to search.

My searches were always upheld in the court system because I followed the rules of evidence and The U.S. Constitution.

I could teach a class on the exclusionary rules, exigent circumstances, exceptions to the exclusionary rules, etc.

 

[FrankNmac]

Snattlerake wrote: "I could teach a class on the exclusionary rules, exigent circumstances, exceptions to the exclusionary rules, etc."

I don't think that is necessary. We have plenty of self-taught legal experts here in the
OSA forum!

 

[OK Corgi Rancher]

AND, you may revoke your consent to search at any time before or during the search if you initially gave them consent. That is something no LEO hardly ever tells the driver.

And... You can also limit the search to specific areas of your vehicle. But don't do that.

This coming from a former police officer that has searched countless vehicles. Don't give consent to search anything...car, house, person, etc... It's entirely possible an officer may lawfully develop probable cause at which point s/he doesn't need consent. But NEVER give your consent. Be polite...but politely refuse.

Especially if you share the car with others. You never know what they might've dropped, misplaced, forgotten, etc...in your car.

 

[Chuckie]

Seems to me that if the police have evidence of illicit activity, then that would give them probable cause for further investigation which could include a search. I mean, for example, a woman standing on a public sidewalk smoking a joint would give the police probable cause to search her purse for additional illicit drugs

The guy in the video may be an actual attorney in Louisiana, but that does not mean his advice is going to hold much water here in Oklahoma. Probably better to do a F2F consult with a local lawyer than test the waters with attorney YouTube advice from an out-of-state law jockey.

 

[AKguy1985]

Never consent to a search. Know your rights.

 

[GnometownHero]

My dad was a Ok Dist court judge for a long time. His advice to us kids.
Be polite, tell the officer you are maintaining all your constitutional rights intact. If you have a firearm in the vehicle politely inform the officer immediately that there is a Firearm in the vehicle, do not say the word weapon or elaborate about it, keep it simple just keeping both of you safe. Follow his instructions. ( doing this courtesy has caused 3 cops to let me off with a warning and a lesser speed on a ticket)
Be polite and if they want to put you in custody, they have to do alot of paperwork later and you have an attorney to deal with them. Dont lose your cool.
If you decide that you want to get out of line with any OHP trooper, prepare to get your ass handed to you, so, once again, be polite and keep your mouth shut. Your bad attitude and aggressive body language can get you worse trouble or shot so be cool.
Do not break the law
Arrive at your destination safely.

 

[Snattlerake]

My dad was a Ok Dist court judge for a long time. His advice to us kids.
Be polite, tell the officer you are maintaining all your constitutional rights intact. If you have a firearm in the vehicle politely inform the officer immediately that there is a Firearm in the vehicle, do not say the word weapon or elaborate about it, keep it simple just keeping both of you safe. Follow his instructions. ( doing this courtesy has caused 3 cops to let me off with a warning and a lesser speed on a ticket)
Be polite and if they want to put you in custody, they have to do alot of paperwork later and you have an attorney to deal with them. Dont lose your cool.
If you decide that you want to get out of line with any OHP trooper, prepare to get your ass handed to you, so, once again, be polite and keep your mouth shut. Your bad attitude and aggressive body language can get you worse trouble or shot so be cool.
Do not break the law
Arrive at your destination safely.

He was a great man. Your mom was a good woman. I really liked her as my teacher.