what was the reason for the stop your mud FL so my mud flaps were too short we go down Moon Lane there's barely enough room for two cars to pass by so I come up here to where it clears up I pull over and then you come over here and rip my door open and then start accusing me of what saying I plot all over me which is saw dust from working cuz I've been cutting all day you seal all up on you also on your edge of your seat [Music] man so there's this video of this guy getting pulled over down in Texas allegedly because the mud flaps on his truck were too short the cop pulls open his door has his gun out ends up taking him out of the truck frisking him and otherwise searching and detaining him was any of this constitutional let's look at the footage and we'll discuss what are you doing the vehicle okay turn the vehicle okay okay why you rolling man I lit you way back what do you mean why am I rolling I I didn't see you till I was right here on this street and I kept going because there's no place to pull over I pulled over whenever it got open I let you way back there where where at at the beginning of moon Lane at the beginning of moon Lane yeah that's what I just said whenever I turned off I saw you let me get your license man okay well I'm going to hop out no stay in the vehicle okay you have no reason to come up here and just open my door like that for sure okay insurance guy pulled his gun on me and everything okay crazy put both hands on Wheel please okay both of them on the wheel all right remain there do not move okay we take out the vehicle sounds good you can shut my door will you shut this door oh go hop back what are you doing hop out for what H out what's the reason H out man what's the reason can you tell me what the reason is you come up here and you pull your gun on me and then you rip my door open for no reason by the what's your reason for pulling my door open please what's the reason for pulling the door open it's older truck man so you just ripped my door open cuz it's an older truck and and you're rolling people who roll have warrants I haven't rolled anything hot all over their pants like marijuana vehicle this is sawdust okay sounds good put your hands up on the vehicle for what hands up on the vehicle please I'm just going to FR you're not going to Frisk what am I under arrest for what am I under arrest for I'm frisking you for weapons Bubba okay I'm not putting you handcuffs I don't have no weapons spread your legs please going to touch all up on me whenever yeah this gay as H look at this boy look at this boy he getting all up on it all right stand back here man so what's the reason for the search what's the probable cause for your myli man being too short so you're you ripped my door open and fris all open open my truck up for my mud flaps for being too short is what you're saying is that what you're saying yes or no you is that what you're saying yes or no yes or no 279 Texas deal what's your name and badge number robinson8 Robertson what' you say 48 5 51 64 5164 theind you said 48 yes sir so you so you pulled me over what was the reason for the stop your mud FL so my mud flaps were too short we go down Moon Lane there's barely enough room for two cars to pass by so I come up here to where it clears up I pull over and then you come over here and RI my door open and then start accusing me of what saying I plot all over me which is saw does for from working cuz I've been cutting all day you SE all up on you there's also plot on your edge of your your seat man there's plot on the edge of my seat come here come here did not go back in the car I want to see all this yeah for sure but that again you rolled up on me and ripped my door open because my mud flaps were too short yes sir so that's normal procedure for you to just run up and rip doors open because the mud flaps are too the car rolling man I wasn't rolling I got to a place to where I could pull over so that people weren't stuck getting in and out there were people who roll have drugs I wasn't rolling doing anything I was sitting there calmly cruising they're not to any good man so I'm I'm automatically bad because I didn't want to block the drive all right Mr Schultz let's start over no we're not starting over you already you came up on me ripped my door open and pulled your gun on me uh s me a unit on PC search get here what's your probable cause odor marijuana partner so you ripped the door open and there was odor before after you ripped the door open cuz you ran up on me with a gun draw it and RI the door open is what you did yes or no yes I'll be recorded if you want to cop you didn't start your body cam to after you ripped your door open I watched you you started it right when I handed you my license right yes or no yes or no so what are we here for now I'm going to be on probable cause search for what was your probable cause cuz my mud flaps were too short marijuana but there was no odor until after you ripped my door open or before it doesn't matter you were rolling the window down anyway I didn't roll this window down not at all I rolled that side down see how it's down this window's not up he ran over here and ripped this door open and had his gun drawing on me is what happened absolutely absolutely so how what where's your probable cause at before or after you rip the door open I opened up the door and was coming from the car as well what car this pickup this a so it was coming from so with the window up there was odor of marijuana coming out absolutely is that what you're going with absolutely sounds good it's going to be an interesting one for sure so how much marijuana is in the vehicle I don't have any marijuana in there I got sawdust in there and evidently that's marijuana there's no probable cause because you came up and just rip my door open oh nice now he's trying to get a tent ticket he's going try and get something today you live on moon L man no I'm not answering any questions you have my license all right let's break this down the basis for this traffic stop was alleged to be mud flaps being too short now is that a thing so I looked it up in the Texas statutes if a vehicle has more than four tires on the rear axle or something like that then there's this mud flap requirement and they have to be like a certain number of inches from the ground and here you can tell that this police officer had used that before as BS uh pretextual justification to harass people and that's what he's doing here so um if you have a douly in Texas police officers can just say well your mud flaps aren't 4 Ines from the ground whereas for most of us who are driving around they have to just lie and say that your tag light is out and then the officer um once he performed the stop then he used their their other favorite that police officers use across the country and that is will I smell marijuana and it's almost always a lie like I guarantee you and how absurd is it that still in 2024 the police officers are allowed to use that BS lie that they smell marijuana because what does that do with just a regular traffic stop for let's just say mud flaps that only entitles a police officer to hold you there for a reasonable amount of time to do the the normal things that an officer would do for a you know equipment related traffic stop so get the ID and the insurance and the registration and run a check on that and write a ticket blah blah blah blah it does not allow them to come just automatically and open up the door to get them out of the vehicle to hold them at gunpoint to put them in handcuffs to search them to Frisk them all that sort of stuff so there there has to be additional facts third we see this officer I mean he just he uses everything in their usual bag of tricks so he also says that you you you rolled on me or you didn't come to a complete stop quick quickly enough a lot of times that's BS as well here he he utilizes that to open the door of the car to pull him out of the car and to risk them because normally again just because of mud flaps being too short police officers don't get to pull you out of the car and frisk you now frisking somebody police officers are allowed to do under certain circumstances it's called a Terry Frisk and what even a lot of police officers don't understand is there are two requirements um that are necessary for police officers to do this one they have to have um a reason they have to have probable cause that an individual is both both armed and dangerous here we have none of those things the only thing that the officer could point to is that he didn't come to a stop quickly enough how does that indicate that this guy may be armed or dangerous I would argue that it does not at all and this guy really handled it fantastically I mean he kept the video running and he started cross-examining this police officer and the officer what does he do he just starts answering him he has no obligation please police officers have no obligation to answer your questions to traffic stop even though they're required to objectively have Reasonable Suspicion to stop you or to do whatever they're doing under the Fourth Amendment they don't have to answer to you they're at the scene they're lawyers have to answer be able to answer theoretically in court after the fact but this police officer he's letting him film and he's just answering the questions he's letting himself be cross-examined and the kid does a fantastic job of getting this officer on the record and in response to that you can see in real time the police officer then starts to look for ways to retaliate against this guy he's going and he's checking the tent okay he's desperately searching for marijuana to substantiate the lie that he allegedly smelt and observed marijuana and I don't know ultimately what happened here because the video s sort of cuts off so if if you have any additional information please send it my way if the mud flaps I didn't see them measured did you if the mud flaps technically um are too short is that enough to substantiate some sort of detention here yes but remember all detentions have to be reasonable so the courts will look at the totality of the facts if all they've got is mud flaps then that's not going to make it reasonable to hold the guy at gunpoint to take him out of his vehicle to Frisk him and to hold him there while you search for marijuana that doesn't exist I think there's a grab bag of Fourth Amendment violations here even if his mud flaps are not too short and by the way I've seen police officers do this more and more if you look closely at your state statutes there are all sorts of BS um equipment requirements and we have those here in West Virginia and I've seen state troopers in West Virginia use this Tech technically they can spot some defect and that's not really what they're interested in they're they're interested in retaliating against this person or or investigating them for something else and they can actually have the vehicle in West Virginia towed to a nearby auto body or nearby mechanic and have it inspected by a like a licensed mechanic I've only seen this a couple times but they're they they can go to those lengths if they really want to get somebody but this isn't the first time that we've seen this sort of behavior in Texas with police officers thinking that they're allowed to just have a hunch that somebody is some sort of drug Runner or has warrants out and this guy seemed to have had a hunch here and it backfired on him because he was completely wrong and it was completely documented so if you agree with me or you disagree with me leave a comment below and let me know what you think I always hear interesting aspects that I didn't really consider before if you have a video that you want to submit or you just want me to review then please use the submission link below you can subscribe both here and at the blog at the civils lawyer.com follow me on Twitter John Brian Esq or on Facebook the John H Brian attorney at law page remember our rights don't end where your fear begins freedom is scary deal with [Music] it