welcome back to the channel guys i've
got a traffic stop out of minot in north
dakota
but it's not the driver or the stop we
are really interested in it's the
passenger in the vehicle who thinks it's
a violation of his fourth amendment
rights for the officer to ask for his
details
then remove him from the vehicle for
their safety
right let's get into it
okay great what car am i committing
what crime am i committing i just want
you to go back to my vehicle no you're
trying to id but you have to have a
crime that i committed
okay fine let's go
nope
nope
an officer can absolutely detain you
even in handcuffs if necessary to
resolve the situation such temporary
detainment is for the safety of everyone
on the scene
you've been watching too many first
amendment auditors and sovereign
citizens on youtube
call a sergeant
you have to call a sergeant what's your
name imaginable
right there but you have to say
your policy
officer there you go
okay
call sergeant
no call sergeant
call a sergeant
you can keep recording before your phone
are you gonna call sergeant if i put my
phone down no then i want to speak to
the other officer okay he's busy talking
to the cards do i have you back here all
right
i'm gonna invoke my uh amendment now
okay you're not under arrest
and you can't detain
first of all this is not a negotiation
the officer is under no obligation to
call his sergeant and the officer can
determine you he's doing it right now
and you do understand that invoking your
fifth amendment right means not
answering questions
but why do i get the impression that you
are not going to stop talking throughout
this entire video
i can detain you man no you can't
what articulates me what crime i'm
committing are you the passenger we stop
the vehicle i'm not the driver you're
not
you're still being detained no i'm not
call a sergeant i'm not doing it what
crime
being detained
you don't need to have committed a crime
to be detained when you are a passenger
in a vehicle
but the officer does have a reason to id
you he just hasn't shown his hand yet
he's your supervisor
both of yours
all right
what's the deal
you can't just pull people out of the
vehicle for no reason no you can't
reason
for what crime articulate it the vehicle
is being attained as part of the traffic
stop am i being detained yeah i'm not
the driver of that vehicle i'm a
passenger you're still being attended do
you have to articulate what crime i'm
committing then no i don't this isn't a
stopping id state it's not
great then we can wait for the
supervisor
he's just gonna go about his business
the traffic stop and once he's done
you're ready to go
he can leave if he wants to
i don't care
okay
that you can't pull people over and just
take them out of the vehicle for no
reason you have to have every phone
right i do have my phone you have to
have articulated me what crime i'm
committing for you to pull me out of you
i'm not googling anything i know my
rights
i do know i'll show you the case all of
a sudden i can have you back to the
vehicle for what cause
go to pennsylvania versus phones
you can keep recording i'm going to and
you can look up pennsylvania
it doesn't trump your amendments it
doesn't so
statewide does not trump federal
amendments
the supreme court of the united states
is the highest court in the land
pennsylvania versus mims is a united
states supreme court criminal law
decision holding that a police officer
ordering a person out of a car following
a traffic stop and conducting a pat down
to check for weapons
does not violate the fourth amendment
the supreme court doesn't know what
they're doing the supreme court didn't
say that
they didn't say that you can stop a
vehicle pull the passenger out for no
crime and then id him i can pull you out
for any reason okay great i guess we'll
find out
[Applause]
[Music]
what's the reason
look up pennsylvania first minute you
are a safety concern because you're not
identified that is not a safety concern
no it's not i don't know who you are i
don't care you don't have to know who i
am you're right i don't i'm not gonna
have you sit in the car when i can't see
you great then i'll sit right here and
until the traffic stops over that's
exactly what we're gonna do great
and i'll stand here i'm not gonna be
detained for no reason
i can leave whenever i want i can't i
can
are you the supervisor
great
uh your officer will not articulate to
me what crime i'm committing exactly
i wasn't even the driver
no he's trying to get my name he told me
he was going to put me in cuffs first of
all he wouldn't id himself first he
wouldn't call a sergeant that officer
did
he wouldn't he refused me to call a
sergeant he refused me he said i'm not
going to do that i have that on video
great
and i'm glad you've got this on video
because it showcases your complete
ignorance of the law especially
pennsylvania versus mims
and the officer is under no obligation
to pander to your petty sergeant demands
i'm not trained to be a dick but you
can't just [ __ ] pull people over and
tell them to do whatever you want you're
not above the law
the law states i can pull you out of the
car
you're the only person
i'm the only person arguing because you
started iding other people in the car
it's not legal it is it's not i can ask
you for it
you can ask i can refuse to
and then i can help you step out of the
car
it's fine i'll step out of the car and
i'll wait for the traffic stop
okay i don't have a problem with that
firstly the officer is acting within the
law by citing pennsylvania versus mims
not above it
secondly it's not a violation of the
fourth amendment for an officer to ask
for your id
and finally if you didn't have a problem
with getting out of the vehicle why all
the force
i'm trying to explain to you exactly why
i'm doing it and you can look it up that
way you understand no i'm defending my
my here's part two where he claims the
sergeant arrives on the scene and
dismisses the other officers
now i've watched this video three times
and i didn't get that impression
see what you guys think
so is it okay for you guys to just walk
all over your fourth amendment
are you okay with that
right privacy
not necessarily the fourth fourth
amendment because i'm digital
i'm trying to seize my name
trying to get my id
you're holding me here until i identify
okay
i guess it's too illegal to look
underage
yes yes
unless you have something to dispel a
reasonable suspicion of you
i tried to give you my birthday
in the world
i could give you any name too i don't
have my id with me
giving a false name is a crime so i
wouldn't really go there if i were you
i guess the officers believing he is
underage is what gives them reasonable
suspicion that he is breaking the north
dakota's curfew for 16 year olds
i do feel for him just a little here i
looked 16 right into my mid to late 20s
and was constantly asked for id
it was great looking young but i hated
how i was treated i don't have that
problem now
i mean i respect the fact that you're
trying to you know
no you don't respect it or you wouldn't
do it i do because i just like you have
the same rights as youtube i i
understand what you're doing here it's
just not the right context or
conversation it is though it's not it is
it's not it is this was a simple traffic
stop it wasn't if it was a simple
traffic stop you would have
done your business with him and then let
us go
now
okay
part of our job
i'm not driving it's
i have no control over where we're going
whatever okay
and there's a curfew in the city of
madrid
there's no curfew for american citizens
we can stand here all night
and that's where the video ends
like i said he claims the sergeant
arrived and dismissed the other officers
which is possible i guess but i am
always suspicious when the video cuts
off so abruptly because he can claim
anything he wants about the outcome
either way i hope he did eventually look
up pennsylvania versus mims so he
doesn't look quite so foolish in any
future video he uploads
thank you so much for watching i really
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right take care and i will catch you in
the next one
thank you