It it just doesn't add up to me. >> What doesn't add up >> that you live >> in Mississippi, you have a house in Altus, and your vehicle's registered in Duke. >> You're shaking so bad. This is uncanning. Why are you shaking so bad? >> I got bad nerves to begin with, but obviously it gets worse when I'm dealing >> police. >> Cuz I'm trying to explain this warning to you. You're shaking like a leaf on these trees with the wind blowing through it. >> Well, my heart's racing. I I don't know what else to say. >> This driver was pulled over in Oklahoma for nothing more than a cracked windshield. After he handed over his license and insurance without any problems, the officer started questioning where he lived and then shifted the conversation toward a request to search the vehicle, suggesting the driver's nervousness was suspicious. The real issue wasn't the traffic stop anymore. It became whether an officer can use ordinary nervousness as a reason to go fishing for evidence. Watch how this driver stays calm, refuses to consent to a search, and leaves the officer with nothing to justify taking the encounter any further. >> All right. So, Peter. >> Yes, sir. >> Where are you guys staying at whenever you're up here in Oklahoma or over here in Oklahoma? >> My old boss My old boss has a house in in uh Duke. >> In Duke. >> Yeah. >> That's why the vehicle tags are registered in Duke, >> right? I mean, I could have just as well used this Kennedy address, but I haven't lived there in a few years, and >> I'm having a hard time. >> I haven't lived in the Kennedy house in a few years, and the house is kind of run down, so I prefer not to even have mail go there. It's kind of a rundown neighborhood, too. >> Yeah. >> I just curious as to why. It just doesn't, you know what I mean? It just doesn't add up to me. >> What doesn't >> that you live in Mississippi, you have a house in Altus, and your vehicle's registered in Duke. I bought the I bought the car in Oklahoma. >> You bought the car in Oklahoma? Enid. >> Okay. Well, so that would be, you know, that'd be logical as to why it's registered in Oklahoma. But I it just not adding up to me, that's all. >> Okay. Well, I mean, I don't really need to It's America. I'm free to travel anywhere in the country. I'm I don't understand what you're what doesn't add up. >> I It's not like It's not like I crossed a a border or something. I mean, >> no. What doesn't? >> That's not what I'm saying. >> I've lived off and on in Altus for 15 years. >> Yeah, I see that. >> Yeah. >> Okay. Whenever I pulled your name up, I could obviously see >> where you've been in Altus throughout. >> Okay. Cuz he said he didn't find no history on me here. The other guy, >> right? >> Yeah. So, you're saying that you see that I've been here? >> Okay. cuz I seen where there was an interaction between you and another officer hearing out this on what was it Judy? >> Yeah, I got a >> your son. >> Yeah, there was an incident with my son. I've gotten a ticket hearing out this before. >> Hang on. >> Yes, ma'am. Okay. All right. Thanks. >> All right. So, Peter, this here is a warning for the cracked windshield. Okay. And this is just so I could show my boss why I talk to you. Okay. >> There is why I pulled you over. Have you had a lot of bad interactions with law enforcement? No. >> In your lifetime? >> Not bad. Maybe when in my youth, but >> in your youth? >> Yeah. But I'm 43. >> Okay. Cuz you're shaking really really bad. >> I watch a lot of police videos on YouTube all the time. >> You can't watch them. You can't interact. That's why I'm recording. I understand why you're recording, >> but and I I know that you're recording, okay, but I you're shaking so bad. This is uncanning. Why are you shaking so bad? >> I got bad nerves to begin with, but obviously it gets worse when I'm dealing >> police. >> Cuz I'm trying to explain this warning to you. You're shaking like a leaf on these trees with the wind blowing through it. >> Well, my heart's racing. I don't know what else to say. So, all right. This is your name right here, correct? >> Yes, sir. >> Go ahead. >> Hold on. They're going to talk to me. I hate Go ahead. Okay, thank you. >> Okay, so this here, that's your name, correct? >> Yes, sir. >> All right. This here's a warning for the cracked windshield. Okay. In the state of Oklahoma, if the cracks in the windshield, inside the wiper zone, or it goes more than 6 in across the windshield, it's a safety hazard and the windshield needs replaced. Okay. So, see, >> when I first got the car, I figured I might get pulled over for it and then I just got so used to I forgot about it. >> Right. And that's just something that I like to make sure it gets fixed because I've seen them actually collapse in on people. >> Really? >> Yeah. So, this here there's no fine, no court date, nothing like that. >> Okay. No, you [clears throat] don't have to sign. [snorts] Like I said, this is just this is just so that way you know that you got pulled over and I can the electronic version so that way I can show right and that you've been warned about your windshield. Okay, the electronic version so I can show my boss why I pulled you over what it is we talked about. Okay, >> there's or that back. Here's your driver's license and your insurance back. Okay, >> my question um >> do I need to get it taken care of soon then since I've already got since I've already gotten a warning now I'm in the books. >> Yeah, absolutely. I can probably get pulled over today or tomorrow and get another and actually get a ticket for it, >> right? Yeah. Somebody else might see you, pull you over and give you a ticket or they might give you a fix it ticket or something like that >> or show them that I just got this and I'm going to get it done, you know. >> Sure. Absolutely. >> So, can I ask you? >> Yes, sir. >> Um, do you have any guns, knives, drugs, anything illegal in the vehicle? >> Nothing illegal? Absolutely not. >> Nothing. >> Absolutely not. >> Okay. Would you mind if I took a look inside the vehicle? I mean, you could see from out there what you can see in here. >> Would you mind if I search the vehicle from bumper to bumper inside? >> I mind. >> Okay. >> Cuz I see how they do in the videos. They tear the car apart. You stand there for a half hour. I'm not I'm not dealing with that. >> I don't I don't tear nothing apart. >> I really don't. >> Well, I'm not doing anything illegal. I I don't have anything illegal. I know for a fact I don't have anything to worry about. >> Okay. >> But, however, I'm not going to sit here for 20 30 minutes waiting while you tear up my car. That's not all. I was I was just simply asking for about 5 10 minutes of your time. >> Yep. No, sir. >> So, all right. Say what? >> No, sir. >> All right. You have a good day. >> You have a good day, too. >> This stop began with a legitimate traffic violation, and the officer was allowed to address the cracked windshield and issue a warning. Once that purpose of the stop was completed, the legal justification for continuing the detention became much more limited. The Fourth Amendment protects people from unreasonable searches and seizures. An officer may ask for consent to search a vehicle, but the driver has every right to refuse. Refusing consent is not evidence of wrongdoing, and neither is appearing nervous. Courts have repeatedly recognized that many people become anxious during encounters with police, even when they have done nothing illegal. Nervousness by itself generally does not create reasonable suspicion that criminal activity is occurring. Here, the officer pointed to the driver's shaking hands and repeatedly questioned him about it before asking for permission to search the entire vehicle. The driver politely declined, explained why he did not want his car searched and never interfered with the officer's duties because no search occurred. There was no constitutional violation from the refusal itself. The key point is that the officer needed either voluntary consent or an independent lawful basis to search. without either. The driver's decision to say no was a valid exercise of his Fourth Amendment rights, and the officer ultimately had to end the stop and let him