Put your phone back in your vehicle. >> I have the right to to record you. >> No, sir. You don't have the right to record me right now. You have the right to stop hindering my investigation. >> It's a phone. >> You put your phone in the vehicle or I will take it out of your hand and put it in your vehicle. >> Why you don't want to be recorded? Are you going to do something wrong to me? >> I'm recording right here. >> I got to record here and one in my vehicle. >> This my First Amendment right? >> The driver firmly asserted his First Amendment right to record the interaction in a public setting. The First Amendment protects your right to record and document law enforcement performing their duties in public. as consistently upheld by federal courts, including the 1st, 3rd, 5th, 7th, 9th, and 11th circuits. He kept his phone visible in recording despite repeated orders to place it in the vehicle or face forced removal. The officer shifted focus from the bright lights, claimed to controlling the phone, falsely insisting recording hindered his investigation, calmly repeating, "I have the right to record you," the driver refused to back down from this protected activity. His steady insistence exposed how quickly authority can pivot to demanding compliance over minor traffic matters. Officer Foster Pair Police Department. The reason I pulled you over is failure to dim your lights. Got your bright lights shining in my face. Oh, I'm sorry about that. >> You have a driver's license and insurance verification, sir? >> Well, at the moment, I'm just wondering where you're headed to and you can't seem to tell me. >> Do I have to? >> I guess if you don't want to, you don't have to. >> What's that? >> I just don't feel to answer any questions. >> You what? >> I just don't feel to answer any questions. Okay. What was that sound that just happened in your truck >> that you do need to answer? >> No, I don't have to answer that question. >> Okay. Do me a favor. Step out of the vehicle for me, please. >> At the moment there is, step out of the vehicle, please. >> This is my hand. >> I see your hand, sir. Unbuckle your seat belt. >> My phone. >> I see your phone. Leave your phone where it's at, sir. >> Leave your phone where it's at. >> Leave your phone where it's at. Unbuckle your seat belt. Can you call your supervisor? >> My supervisor will be making an appearance in a minute. On both your seat belt and step out of the vehicle. >> Okay. >> Leave your phone in the vehicle, sir. >> I have the right to call. >> I have I'm recording right here. >> I have a recording right here. >> 2896 my location, please. >> Step out of the vehicle, sir. I'm not going to ask you again, sir. You step out of the vehicle. >> Is it a problem? >> Yes, there is a problem, sir. Is it >> right now? It's your lack of cooperation. Put your phone down. You can leave it recording, but it stays in your vehicle. Step out of the vehicle, please. >> I'm I'm going to I'm going to step over. >> I'm I'm going to ask you one more time. >> You want to turn your engine off? Turn it off. Step out of the vehicle. >> Here's the keys. >> Step out of the vehicle, sir. Put your phone back in your vehicle. >> I have the right to to record you. >> No, sir. You don't have the right to record me right now. You have the right to stop hindering my investigation. >> It's the phone. You put your phone in the vehicle or I will take it out of your hand and put it in your vehicle. >> Sir, I know my Call your supervisor. >> My supervisor's right there. Put your hand. >> Here's my hands. Here's my phone. >> Put your phone back in your vehicle. >> Why you don't want to be recorded? Are you going to do something wrong to me? >> I'm recording right here. >> I want to record. >> I got to record here and one in my vehicle. Dispatch amend my right. >> Sir, put your phone back in the vehicle and stop hindering my investigation and then step back. >> Are you detained? >> Yes, you are being detained >> for what? >> Right now for a traffic violation. >> Okay. and a lack of uh answering any questions that I ask it whatsoever. So, >> do I have to answer any questions? >> Yes, certain questions you do have to answer. >> Put your phone down. Step back here for me. >> Is that your supervisor? >> That's my supervisor. Put your phone down here. >> Can I talk to you? That's my keys. That's my phone. >> Okay. >> Okay. Uh I told him I'm just going to record this interaction. This traffic stop you don't have the right to record. >> You have every right to record. >> Okay. We're recording though too. So >> and they asked him am I being detained? He said yes because of a traffic interaction. I said okay that's fine. He said that I have to answer every question he asked. Some of the questions he asked. >> I told him cuz he keep asking me question. I said you know I really don't don't feel free to answer any question. >> Okay. >> And he start to escalate. He put his his hand on the gun and he start to tell me what's the sound inside your vehicle. So I I want to answer another question. You asked me for the license >> and your registration and I asked you what what was going on in your vehicle. I didn't see your hands and I hear a noise come out of your vehicle. I ask you what it is. >> You never see your >> You gave me You showed me your hands after I asked you what the noise was and you said I don't feel like answering your questions. >> I don't have to ask any questions. What's your name? >> Officer Foster. >> What's your badge number? >> 28. >> Your name, sir? >> Sergeant Flam. >> Your badge number? >> Okay. So, >> step back here in front of my vehicle. >> Close my door. >> Yeah, >> absolutely. >> Okay. >> So, you want to answer my question yet? What was that sound that your vehicle is making? The sound coming out of your vehicle? Yes, sir. >> When I ask you a question, I would like to be fair in my way. >> You'd like to what? Huh? 523 >> 28 clear. Can I get the return on that 28, please? >> Mr. What's your current address? >> Well, I've been missing the draw the license. I might give him a warrant. >> Is that Is that a correct address that's on your license? >> I might give him a ticket or a warrant. >> I'm asking you a question, sir. Answer my question. You ask You answer my question, I'll answer yours right now. You need to answer my question. What is your address? >> Okay, let me tell you something. Every citizen you stopped. Not every citizen is ignorant on his rights. Okay. I don't know if they teach you that in the police academy. >> You have to tell me your address. >> Constitutional rights. >> He exercised his fifth amendment right by declining to answer probing non-essential questions. You have the constitutional right to remain silent, a protection that applies during traffic stops except for basic identifying information required by state law. When asked about his destination, the noise in the truck, or extra personal details, he consistently replied that he did not feel like answering questions. The officer wrongly claimed certain questions must be answered and used non-ooperation as a basis for detention. By staying composed and invoking silence, the driver prevented the stop from expanding into an unwarranted interrogation. This disciplined approach forced the encounter back to its legal limits once higher supervision appeared. >> There is the first amendment to record. That's what I'm doing. There is the fourth fourth amendment. >> Are you not going to give me your address? >> Searches and seizures. And there is the fifth amendment to to refuse to answer any question. Okay. >> Doesn't matter where is it. >> That's the fifth amendment. So when if if I choose to answer your question, that's fine. I choose to. If I say, "Sir, I want to remain silent." That's my right. >> Okay. Listen to me real quick. Okay. >> On this program, it does both citations and warnings to fill out to do all >> I'm not I'm sorry. I'm not trying to give none of you have time. It's just, you know, the way you approach me was kind of scary and all I did is invoking my rights. >> Okay. But listen, you understand? Yeah. >> To do our job correctly on this system, we need your address. >> That's what I told him. I answer his question. I told whatever is in there is my address license is correct. Yes. Okay. So why is that? Am I getting a ticket? >> No, sir. You're getting no warning. >> Okay. But that's true, right? >> What's that? >> If I wanted to answer questions, I don't have to answer questions, right? >> You're fine. >> Yeah, I know that. I always try to dis deescalate, you know, cuz not everybody you stop is a criminal or a bad man. There are some people who are nice, but they choose not to answer. This is just to remain uh silent. You know that's the constitutional right. What is this tongle? >> This is Perry. >> Perry. All right, sir. What I did is I wrote you a warning. Okay. Okay. It's not going to cost any points on your license. There's no court date associated with it. No money. Okay. There's your copy of your warning. There's your insurance verification I need to sign right there. There it just states that I gave you the warning and explained it to you. >> What's your phone number, sir? Eric, first I wish to give that one to I got to have it for my system, sir. Do I have to give it? And to complete our job, we have to have you give us your company phone number if you want to do that. >> We we just need a phone number >> for what? >> For our system. Like I said, this you had you have your paperwork you have to fill out. This is our paperwork. It it's on there. You can see >> you got my driver license. You got my name. You got my birthday. You got my address. What else you need? You got my phone number. >> A phone number. My system requires a phone number, sir. >> I wish to give it sir. You got everything. My insurance, my plate, my You got my whole life right there. So, I don't know why you need my phone number. [snorts] So, uh, can I get my driver license so I can be free free to go? Ultimately, the driver's composure and insistence on constitutional boundaries turned the power dynamic around, resulting in nothing more than a warning. The Fourth Amendment protects people from unreasonable searches and seizures, requiring that any detention or escalation during a traffic stop remain reasonable and tied to the initial violation without morphing into unrelated demands or threats. The officer's hand moved toward his weapon over a mere sound and recording dispute. Backup was called and detention was claimed for both the traffic issue and non-ooperation. Yet no crime emerged. The supervisor's presence immediately deescalated the situation with the officer admitting the need for address only to complete paperwork and conceding a warning with no ticket points or court date. This outcome proves that when a driver intelligently invokes first, fourth, and fifth amendment protections, recording openly, remaining silent on probing questions and demanding supervisory oversight, power tripping tactics crumble, reaffirming that true authority respects rights rather than demanding blind compliance.