Former Deputy Sheriff Eddy Craig - Right to Travel - Traffic Stop Script - Washington State Law

now what I'm going to talk about today for the most part are your rights especially when it comes to things like public service and servant encounters involving traffic stops sidewalk stops public building stops so on and so forth it would surprise you to a great degree just how much the American people are no longer in touch with what their basic common unalienable rights actually are we've been indoctrinated into surrendering them to the state and to those that we judge to be an authority over us for far too long it's probably one of the biggest reasons for government control schools is simply because this indoctrination process has to be done slowly because what they're telling us about what we have as far as rights are concerned and how they actually treat us in regard to those rights are very much in contrast and in contradiction to each other but by doing it slowly over time the way they're doing it most people have gotten to the point where they don't even notice any longer that they have been deprived of those rights until it's far too late this is the transportation script that I've wrote and I'm currently recommending for use whenever you're engaged in any type of public interaction most appropriately a transportation stop but it can be used in any situation where you're having to deal with any type of public servant who is attempting to exert some sort of authority over you or your property or something of that nature so that being said there's a couple of general rules when it comes to dealing with public officials one of the things I've got here on the transportation script is is it's best for you to memorize as much of the actual questions portion as possible the instruction portion don't worry about memorizing you just need to know the basic premise of why the instructions are what they are so that you can apply them properly to the questions and the context and what you're having to use them that being said one of the major rules I stress vehemently to the people in my class is you're no longer in the world of rights and safety you're in a world of government intolerance of the very people that empower and create it the government wants you to be its subject not the other way around so never leave home ever again without some form of recording device with you doesn't matter if it's your cell phone doesn't matter if it's a voice recorder doesn't matter if it's multiple of either don't leave home without something that records any time you find yourself in a situation where you are about to have to deal with a public servant I don't care if it's someone you've known for years but you are going to see them in their official capacity as whatever they are a court clerk Court of record clerk the county clerk whatever you record that encounter you never know what your public servants are going to attempt to do at any given time anymore police officers are being trained to treat us as the enemy they are first and foremost the ones you have to watch out for never talk with a peace officer or police officer or any other type of officer if you're not recording the encounter all right now in the transportation script you'll notice the yellow highlighted area at the top the do's and don'ts these are very important things you need to know you don't have to memorize these you just have to know why they exist in what they are for the first one is do remember that an officer is required to read you your rights before questioning or searching you if they have placed you in a custodial arrest now one of the things that most people in Texas do not know is that every time you were stopped for an alleged transportation stop you are already in a custodial arrest there are many sections of Texas law that make that clear but the one that will make it the most pointed will be chapter 5 43 of the transportation code where it talks specifically about the arresting officer may release the person arrested from custody and so on and so forth you also have a Texas Court case that says very clearly that that arrest that occurs in 543 is a custodial arrest so they will always tell you however that you're not under arrest they will tell you that you're in a custodial Inchon this is a lie the reason they're doing this is to get you to start talking freely because under arrest you're liable to watch what you say under arrest they have to read you your rights which is what this is dealing with if they don't tell you that and you just talk freely then anything you say can and will be used against you and you can't get it suppressed later because the court will view it as a voluntary statement so you need to know immediately that the moment the lights come on in Texas relating to any form of traffic stop you are already in a custodial arrest and you need to act accordingly that being said when you look at this and you read 5:43 point zero zero one through zero zero nine of the Texas Transportation Code you will see that that's the case you'll also see that the reading of your rights is a mandatory requirement that works in your favor unless you're dumb enough to continue to talk after you've been so informed of this and you can see that under Article thirty eight point two two of the Texas Code of Criminal Procedure be aware however that the cops almost never read you your rights never not when they arrest you not when they search your car not when they do any of that and they're required to do it so these are the things you need to be aware of that means anything you say that can be incriminating like using the seven deadly sins or agreeing with the officer that you were driving or that this is a vehicle anything you say or do in that regard is a nail in your coffin at trial because you're basically admitting that what he's accusing you of the regulable activity of transportation is actually applicable to what you're doing to your car and to your actions and to you personally when in fact it isn't but because you're so used to these terms that they're using you simply agree with them that's your first mistake so one of my major rules is there's three parts to this you shut up you keep nup and when you've done that you shut up some more now we'll get to that in the do's and don'ts in the next one here right now let's finish this up Oh keep it back up please okay since they never read you your rights and you are in a custodial arrest and the officer is lying to you about the custodial arrest you need to make sure you know that okay you are always in a full-blown custodial arrest okay now pop that other one up all right don't ever answer an officer's questions there's no requirement for you to answer the questions I don't care what they tell you there's no requirement for you to give them anything that they want yes Texas law says you have to give them a license yet to give them registration you have to give them proof of insurance problem that's a due process violation the law is attempting to make it mandatory that you waive or protected right in order to exercise some alleged privilege or exercise an actual right of another type and it can't do that no law can do that that law is invalid on its face the moment it attempts to do that so you have the right to remain silent use it however remaining silent does not mean become a deaf mute you still need to talk and you still need to respond in certain ways it's just not going to be in a way that implicates you or provides them with evidence or information they can use against you that's what be silent means not stop everything it simply means don't be saying and doing anything that helps them and hurts you that is the reason why I have a major three-part rule about everything here and that is everything that comes out of your mouth has to be directed to one of three specific purposes invoking a right demanding a right or protecting a right if anything you're saying or doing isn't intended to do one of those three things then you're doing the wrong thing being said it simply means again to not be a deaf-mute that you are not to provide any information or documents in response to the officers demands or questions that means you don't give them a license you don't give them registration you don't give him proof of insurance or anything else all of these will be considered at trial to be a waiver of your protected right to remain silent it will be considered a waiver of the requirement that they mirandize you before they seize evidence and statements that they can use against you and believe me folks all of this information can be used against you it can also be used to further incriminate you an example being let's say your birthday was yesterday and you have a license that you give the officer that says your birthday was yesterday can the officer under Texas law charge you for driving without a proper license absolutely it expired yesterday on your birthday so unbeknownst to you you provided him with something that he can actually charge you further with and he's got the actual evidence because you gave it to him if he demands that the prosecutor demands you produce your license at trial just so he can show that it was expired on the date the citation was issued what are you going to do you're going to have to produce it you can't have it suppressed because you voluntarily give it to the officer at the time you waived your right to remain silent by giving it to him same thing goes if you have the wrong or an expired insurance card same thing applies with registration any of it they can't compel you to waive your right to remain silent and not to self incriminating order to meet their requirement of tell me that you have what I want because what they want is for you to allow them to get you in that vice of pay us money or we'll come after you for more money that's what they're after so again the three fundamentals any information or documents in response to the officers demands or questions is going to hurt you invoke your fundamentally protected right to remain silent and to assistance of counsel and then simply refused to waive those rights how do we do that well you waive it because you complied with the officers demands the moment you comply it's waived you're done it's over you cannot get that back you cannot ask the information be suppressed because the courts will say you gave it up voluntarily the foremost thing to remember in these situations is to not engage the officers in idle conversation dialogue or chit chat why because the more comfortable you are and the more talkative you become the more likely you are to say or do something that's going to hurt you somewhere down the line or that will give this officer more information he needs to conduct what he's going to refer to as articulable probable cause or a heightened reasonable suspicion to say that you were doing something more illegal or that would give him an opportunity to go fishing down a different path so don't just talk again if you're doing that you're doing it wrong now this is known as my self-imposed rule of invoke demand and protect once you've invoked these rights you never waive or abandon them by ignoring the procedures I'm giving you here any question the officer asks like where are you coming from where you're going who are you meeting they have nothing to do with the stop stop answering those questions it's none of his business he has no right or authority to know that the only way he's going to get those answers is because you give them to him and he has no business knowing stop giving your whole life up to these people just because they tell you they want it they are used to simply getting addition these are used to get additional information that may allow the officer to continue his witch-hunt and escalate the severity of the charges he might make against you also never answer questions like do you know why I pulled you over or are you aware that you stopped helping this guy screw you over that's what he's doing when he asks those types of questions and you it sir what are you doing you're giving him evidence well yeah I guess you caught me speeding back there or running that stop sign or going through that red light thank you for the confession that he has on his audio/video recording and will use against you in a court of law stop answering questions just don't next slide please you do need to remember to do the following immediately when you realize you're getting pulled over first and foremost roll up all of your windows and lock all of your doors okay why because these guys are getting more aggressive every day about jumping in your car without any probable cause coming in from the passenger side your side and just pulling you out of the car for no good reason yanking your keys out of the ignition and refusing to give them back any of those things roll your windows all the way up lock all of your doors that keeps them outside and you inside until they can give a viable reason why that needs to change don't give them the opportunity to do that my personal habit I'm not gonna get into my habit because I don't recommend most people do it you get the document by going to the website and downloading it you can read what my habit is but I'm not we'll talk about it here do remember however that my objective here is not to get anyone hurt or injured you have to use your own judgment as to how far you're willing to press your rights and keep them that's entirely an individual requirement you and only you know the situation you're in at the time you and only you have reason to believe this officer is going to lose control and do something that will seriously injure you you need to take that into consideration whatever happens okay but that being said you need to be very careful that it gets to a point that is documented that you did not waive that right willingly that you were forced to do it don't ever roll down more than one window at a time if you do remain in your car when you get stopped no matter what the officer tells you to do one window one window only I don't care if there's cops at every win saying roll this down don't do it one window only why well if you create more than one air vent in that car by rolling down multiple windows you will create a cross breeze inside of that car if you do that that immediately gives the officer the opportunity to say he smells something coming from the car with a single window down that is impossible nothing can exit the car in that manner there's no wind to blow it out the window for this officers to allegedly smell so don't ever do that because the first thing he's going to do when he can't get what he wants one way is he's going to attempt to escalate the stop and get it another don't ever roll your one open window down more than two and two and a half inches again no matter what the officer tells you if he tells you you have to roll your window all the way down just sit there and say officer I like the window where it is I can hear you just fine I'm comfortable with it right here I don't want to roll it all the way down I'm not going to roll it all the way down there's no law that requires you to do that now be aware that he will get upset by this and he will attempt to threaten you but he's not at a point yet where he can actually justify anything he does that consists of violence he can yell screaming holler at you all day long but he can't start trying to break you in everything because you won't roll it all the way down so just keep that in mind and keep going now when we go forward on this and we look at the next do's and don'ts don't ever provide an officer with any documents or other information they demand the legal ramifications - you're fundamentally protected rights are devastating again everything you give out voluntarily will be considered exactly that voluntarily it can be used against you and there will be no chance of you to have it suppressed because you waive the white the right to remain silent and not provide that information don't ever give your consent to an officer to search your car for any reason that's just dumb don't do it without a warrant they don't have a reason to search your car unless they actually put you in the back of theirs with the intent of taking you to a magistrate which is where they're supposed to take you even though they take you directly to jail you need to be aware that that also is illegal in most states including Texas and that you can sue them for false imprisonment when they do that but that's beyond the scope of this presentation if you want to know more about that come to my classes down at brave new books or joint out of law when it launches and you'll get to learn about it online now if you give them consent here's the potential downside you are asking for the incriminating evidence to get planted in your car or evidence that you may not have even known was in your car to be discovered you could have had a friend in there that got nervous and had a joint in his backpack or his pocket or whatever and immediately threw it under the front seat when the cop pulled you over you could have got stopped yesterday by another cop and that's and you had someone with you that did something similar and now today you get stopped again and thinking well I'm alone there's nothing in the car I don't have anything so yeah go ahead and search and you got a joint laying on your front seat that your friend through there you knew nothing about don't consent to a search that doesn't have a warrant at to it just don't this is the key reason you don't get out of your car because they have to have a really good reason such as actually saying we're taking you with us in order to get into that car to perform a search without that warrant the search incident to arrest requirement that allows them to do it without a warrant even though you're in a custodial arrest they're lying to you about that and haven't informed you of that so if they attempt to search the car at this point the search can get thrown out and suppressed as being illegal and they know it so don't ever give consent to search okay next one all right the officer is going to almost always insist you are not under custodial or custodial arrest but rather are simply being detained or a part of an investigative detention again that's a lie no officer has the authority to simply walk up in the man that you answer questions produce idea provide them with your private information but there going to try to do that okay so it doesn't matter whether they're doing it verbally doesn't matter whether they're demanding you give it to them in the physical form on an ID they can't just walk up and demand it and you're not required to give it to them be aware that when you won't submit and give them your information though their favorite tactic is to start threatening you and they're going to start trying to say they're going to charge you with failure to identify which here in Texas is one of their favorites but the problem is when you read the failure to identify statute there's only specific ways to commit that offense and in either case in order to charge you for not providing information yet the officer is required to have already arrested you for some other type of offense failure to identify is not an arrest able fence offense in and of itself accepted to subpart B where it gives the requirement that you don't provide false information in a legal detention but notice the contrast in a legal detention you can't give false information but you can refuse to give any whereas in a lawful arrest for some other offense you shouldn't give false information and don't but they also at that point they say you can't refuse to give them name address and date of birth and that is the only three pieces of information you're required to give but nowhere are you required to provide that information at any time on a physical form of ID you don't have to do it with a license you don't have to do it with a passport you don't have to do it with any form of physical identification verbal is enough as long as you provide those three pieces of information if you've been lawfully arrested or detained now given that when you go down a little further on that and you be aware that you don't give them the information they're going to try to charge you with failure to ID or they're going to attempt to charge you under after these following conditions as I just stated under the arrest versus the detention there may try to charge you with obstructing governmental operation as well again you cannot obstruct governmental operations simply by refusing to say anything nor can you do it by verbally responding or interfering with what they're doing by not being quiet it has to be some sort of physical interference before you can be charged with that obstruction of governmental operation that they try to use but they will do anything they can to intimidate you if you let them you need to maintain a calm cool self composed posture at all times you want the video evidence to show you never lost self-control if anyone lost control it was the officer or officers on the scene they got upset they lost their temper they made threats they assaulted you or your car okay that's what you want the evidence to show when you start standing up for your rights I guarantee you these guys are going to start being upset when we get to the questions you're going to see exactly why that's important now when you go down don't need to give them physical ID you just simply need to verbally give them those three pieces of information all right let's go the next now how do you know when you are in custody and are required to provide these three pieces of information how do you know when you are in custody where the officer is required to read you your rights well this legal equation as I call it was taken directly from the case law dealing with that particular aspect of the term custody and functional equivalent of custody custody is custodial arrest or functional equivalent of a custodial arrest and like I said here in Texas 5:43 of the transportation code tells you you're in a custodial arrest by law right off the bat a functional equivalent of custodial arrest is when a reasonable person considering the totality of the circumstances would believe that he or she is in police custody to a degree associated with a formal rest in other words you can't say am I free to go and the officer turn around and say yes if the of if you say am I free to go in the officer says no now you have the legal presumption of custodial arrest that becomes very important with that 38.2 2 of the Code of Criminal Procedure when they must inform you of your Miranda rights before they proceed next ok now everything you do is directed at protecting yourself everything and you need to remember these two important factors about any traffic stop the purpose and intent of every transportation stop is to escalate it to either a DUI or drug bust always that is where the officer will attempt to escalate the stop 2 if given the opportunity that's just another reason why you do not answer his questions you do not get into chitchat or idle talk with the officer that will give him any reason to latch on to any statement that you make and allow him to escalate it to one of these two much higher and much more dangerous offenses so do not do any of those things this is what they're going to attempt to do be aware of it expected prevent it do not attempt to educate the officer don't tell him what his job is don't tell him who you are don't tell him you know this is what the law says you have to do I know my rights and bla bla you're attempting to educate an officer on the side of the road unfortunately most of these guys besides not caring don't have the IQ for it now that's not to say there's not good officers there are I fully agree that there are but the good ones are too few and far between to stand up by themselves to resist the bad ones they need our help once they see they're not outnumbered maybe they'll get a voice maybe they'll get in a group and make a voice I don't know but the only way to do it is to know this for yourself at the moment so let's get with it once you know the officer's name and his badge number you're going to use that as often as possible while you're going down the things in this script why because you want that officer associated with every illegal activity you can get him into while he's got you so you want to directly relate him and what he's doing to some violation of your rights at every single opportunity that also makes any video record self-authenticating when everyone that's in the recording is known no one has to testify as to well this is that person this is that person this was made here this was made there the dot it becomes self documenting and self-authenticating when everybody's name is stated for the record when everything in it has agreed that yeah that's what was said that's who it was and that's when it was done by doing these things and getting his name and everything introduced and making him answer you like he wants you to answer him you make that recording self-authenticating including the one you're making not just the one he's making remember you don't leave home without a recording device this includes in your car I've got multiple ones in mind good luck on finding all of them to prevent me from having the record I need now again everything you say is directed at one of the three rules invoke demand protect always next slide question one for the record may I get your name and badge number please this is the first thing you ask when the officer approaches your car window you want to know who it is you're dealing with and how to identify them make sure that your recording catches their name and badge number that makes your recording self-authenticating immediately let's just say for instance the officer said his name is Davis and his badge number is one two three officer Davis badges ID 1 2 3 is there recording being made of this encounter again you want him to tell you whether or not he's making an official record of this the things highlighted in yellow while not required will help you possibly down the line when you start asking the question about you know when you ask for this information and they say well we didn't make a recording or the equipment was malfunctioning these three things will help you prove that's a lie if you got an answer to them on your recording so these are optional but potentially helpful officer Davis badge number 1 2 3 is what is the emergency and how can I help you again we're not going to assume we did anything wrong we're not engaged in transportation we're not commercial therefore his authority to pull us over for some alleged offense under that code is non-existent therefore we have to ask why are you stopping me do you have a problem and do you need me to help you because in Texas and most other Republic's they can ask for help from the people to subdue a criminal or things of that nature and you're required to help if you can so we're going to ask officer Davis badge number 123 what facts or information are you alleging gave you probable cause to stop it it cost me right there we're asking the officer to validate his authority what ledge facts are you relying on as your authority to do what you're doing to me right now now of course he's going to cite immediately something related to transportation when we get to trial that's going to become very important not only in our defense but also in our federal lawsuit when we sue everybody in the food chain after this case is over officer Davis badge number 123 do you have a properly signed an issued warrant authorizing you to search me or my property again documenting the right do you have a warrant and this warrant specifically directed at searching okay can you search me or my property if he says yes simply ask to see a copy of the warrant Texas law is now written where the officer is not required to have the warrant in his possession used to he had to have it with him however even though he doesn't have to have in his possession if you demand to see it he must produce it as soon as is practicable once you get you to jail if the magistrate sends you to jail once he brings you into the magistrate which is where he is supposed to take you first and foremost but never does again if he takes you directly to jail you've got a lawsuit for false imprisonment that you could go after him with I recommend you do that officer Davis badge number one two three do you have a properly signed an issued warrant of arrest that accurately describes or names me as the person to be arrested again you're going to arrest me where's your warrant okay your warrant either has to state me by name or description as the person that applies to where is it again if he has it ask to see it if he doesn't give it to you right then he's required by law to still produce it as soon as practicable for the record I am not operating in a for hire capacity by engaging in any form of transportation or other commercial use of the highways officer Davis badge number one two three please acknowledge that you have been so informed now this officer is not going to know what you're talking about and he's not going to care he may refuse to answer and so on and so forth however you want an answer to every question you ask when they don't answer do what they do keep repeating the question till they respond he may say I don't care I don't know doesn't matter but you want an answer to this question before you allow him or yourself to move on very important that you get this because once he admits that you told him you were not operating in transportation and he continues to do something to you using that as his authority he has admitted his authority was gone and he held you anyway that is going to be a very big problem for him in federal court I had no authority to keep you there but I did it anyway well we're going to prove to him why that's a very bad idea officer Davis badge number one two three am i under custodial arrest again this is where he's going to lie if I am NOT under custodial arrest am I free to go and again he's going to tell you no you cannot get the same answer to these two questions they're completely opposite to each other either you're in a custodial arrest and not free to go or you're not in a custodial arrest and you are free to go they can't be the same answer officer Davis badge number one two three what is the articulable probable cause that leads you to believe that I have committed or I'm about to commit a crime that authorizes you to stop and detain or arrest me again the officer is going to cite some alleged transportation offense as his initial probable cause you want that in the record he's already admitted up here that you told him you were not in transportation and now right here he's saying but that's still what I'm going to use as my authority to accost you or do anything else to you well the record officer Davis badge number one two three in order to protect my rights and not waive any by error or accident I wish to clarify my legal understanding of the situation you said that I am NOT free to go so I must conclude that I am the custodial arrest and not simply an investigative detention therefore I am invoking all of my fundamentally protected rights including my right to remain silent and my right to assistance of counsel from this point forward I do not consent to providing you with any information or documents that could or will be used against me in a court of law or to possibly incriminate me so please do not ask me to produce anything and give it to you from this point forward please do not ask me to answer any questions or to perform any tests relating to any matter whatsoever without my attorney present all right now the clincher to that setup is going to be this officer Davis badge number one two three do you intend to harm injure or punish me by any method of assault arrest and/or incarceration because I have invoked these fundamentally protected rights now that's going to create an immediate problem for the officer understand this when you refuse to produce the demanded documents or to answer any questions the officer is going to begin to get upset and continuously state the following the law requires that you produce a driver's license and other information on demand of the law enforcement officer well again they're also prone to falsely accusing you of obstructing or interfering with a public duty or officer or just outright threatening to commit acts of violence against you and your property don't fall for the intimidation tactic that's what this is invoking and refusing to waive your fundamental rights is not and cannot be converted into a crime and if they do arrest and charge you falsely for interfering or obstructing then you get to sue everybody why because they just punished you for invoking those protected rights they're doing what they're doing because you invoke the right not to let them but the moment you waive that right you won't get it back and you need to keep that in mind so just remember when the officers continue to demand that you produce a license registration proof of financial responsibility or any other information or documents despite their threats all you do is keep repeating the following for the record officer Davis badge number one two three no law is valid if it requires me in any way to waive any fundamentally protected right in order to exercise any other right or alleged privilege and no law can convert the free exercise of any right into a crime I have repeatedly informed you that I choose not to waive any of my fundamentally protected rights so I ask you once again officer do you intend to harm injure steal my property or otherwise punish me for invoking my fundamentally protected rights again we're putting them between a rock and a hard place on making this choice because remember their video record is showing that all you're doing in a calm cool collected voice is invoking your rights the rights that you have that are inherent they're not constitutional rights that are not civil rights they are unalienable inherent rights and he can't have them unless you give them away so don't if he's going to harm you he's going to do it anyway if he's going to threaten you he's going to do it anyway keep that to a minimum whenever possible but don't waive your rights until you can prove that the only reason you waive them was because of the threat of violence against you or your property okay that's very very necessary the courts will give them every possible opportunity to escape if you assist them in any way so don't now warning be prepared for the officer to do or threaten precisely that that he is going to harm injure or punish you or your property in some form or fashion so again they're going to start threatening you with all kinds of things including the falsified criminal charges we've already discussed you only need to use this sub item a portion of this once any time you deal with a particular officer use it on that officer and it's only required to do it once because the record will show that you notified him and gave him the chance and the opportunity officer Davis badge number one two three due to your attitude demeanor and your continuous threats to falsify charges and commit acts of violence against me and my property while displaying a deadly weapon I feel physically threatened that in fear for my life I demand that you cease and desist and that you get a supervisor here immediately I do not consent to any of your actions the use of force against me or my property or to being forced to exit my car for any purpose especially so that you may attempt to steal my property and/or assault injure or kill me again we're telling the officer exactly what we expect him to try to do and it's now a part of the official record now it's on his back to make sure that anything he does does not give the impression that that is what he's trying to do this actually sets it up to protect you from the officer's actions by making it known to him exactly what you are expecting those actions to be and so will any jury that Caesar hears this recording and that folks is what we want we want a record that shows a jury in either court whether it be at trial or at the federal level whom we're suing doesn't matter we want to show that we did nothing wrong we simply invoked our rights we asked the officer respect that and all he could do was threaten us with violence when we did so that's not going to bode well for him on the other side officer Davis badge number one two three you are fully aware that I have already invoked my fundamentally protected right to remain silent and my to assistance of counsel do you intend to continue in your unlawful efforts to violate my rights just keep repeating this like a broken record once you invoke these rights stand on these rights so it is my belief that the information you are demanding may possibly be used against me in a court of law or an attempt to incriminate me and that's true it will be and if that is so then upon the advice of legal counsel must respectfully decline to provide you with any information or evidence that possibly can or would be used against me for those purposes you have the right not to provide it don't not a hard choice folks officer Davis badge number 1 2 3 I am asking you again do you intend to continue to deny me in my rights and to falsely imprison me or am I free to go you keep repeating this section down here and this record is going to be self authenticating all the way through and they're going to have a severe problem with anything they do other than just issuing the ticket that is the purpose now when you start doing this if they start threatening to break your windows or anything of that nature you need to know basic safety protection for yourself cover your eyes and like this for the side of your face and look down at the center console of your car so that anything they do won't come flying into your face but if you do this correctly and you don't lose your temper the odds of that happening get lower and lower with each passing question when you are in that car it is very important that you do not put your face against that two to two and a half inch crack you have on the window don't turn and speak directly through it don't speak directly into the officers face don't roll your window down any further than the two to two and a half inches when you talk you can do it in this manner whatever you got to do tilt your head up but don't speak directly into the crack or anything else and here is why the officer is then going to attempt to escalate this by making false allegations he's going to say he smelled drugs he smelled alcohol anything and everything to give him the grounds to come after you since he can't do anything more with the transportation stop you've blocked him at every turn he wants that DUI are drug busts that's what he wants don't give it to him now what he did was after they had already written the ticket they refused to give her back her identification which was a passport and a student ID that's what she used for identification they wouldn't give her her identification back nor would they give her a copy of the citation even though she had already signed it they held her there for another 48 minutes trying to get her to get out of the car by doing the following what they did was illegal but if you don't know how to respond immediately to what they do right here this video is no longer going to be helpful to you in a court of law it's going to be hurtful why because the officer has made an allegation regarding a potential offense that you have failed to rebut the moment it was made a jury Caesar hears that and immediately the presumption of guilt is going to creep into their minds so you must expect this you must be prepared for it and you must respond appropriately the moment the officer says something of one of these two things here serve ma'am I smell alcohol or marijuana and I'm going to have to ask you to step out of the vehicle or sir ma'am are you aware that you did something and I'm going to have to ask you to step out of the vehicle all right beware the moment they say something like this they are making an attempt to escalate stop it in its tracks this is how you respond to this officer Davis badge number one two three your statement is patently false and an outright lie are you now trying to fabricate probable cause by making false statements into the record and false allegations against me now the young lady I'm talking about when they pulled this out of the Hat on her I had no clue how to respond fortunately I was on the phone listening I told her to say exactly this and she did this was what happened next uh ma'am hold on please I'll be right back and the officer turns and walks away to go get advice on what do I do now she caught me red-handed flat-footed making a false accusation and the recording shows that she expected it her response was too quick not to expect it but I'm practiced at this I know how this works so having me on the phone with her prevented what would have otherwise been a possible bad outcome for her now this officer walks away for several minutes he comes back to the window with his supervisor and they start arguing with her about the alcohol and everything else she keeps repeating this and saying look I invoke my rights I'm not getting out of my car to do a breathalyzer I'm not getting out of my car to discuss anything with you because I've invoked my right to remain silent and I've invoked my right to assistance of counsel getting out of my car to do anything of that nature will not help either of us and I'm not doing it ma'am we'll be right back with you and they turn out to walk away from the window again she's not waiving her rights folks no matter what they tell her or what they threatened her with she's not waiving her rights when this was all said and done all they did was finally give her back her ID and a copy of the citation and she went home yes they held her up for a couple of hours okay and they wrote her tickets for things that she could have easily done if she was willing to waive her right to remain silent and everything else by producing the documents they wanted but believe me when you get to trial and you start arguing not engaged in transportation the last thing in the world you want is the state prosecutor to stand up there and say well they produce the license which is associated with transportation they produce the registration which is associated with transportation they said they were driving a vehicle which is associated with transportation and they gave them proof of financial responsibility which is also associated with transportation the record now shows clearly that you confess that transportation is absolutely relevant to what you were doing and the officer was fully justified and pulling you over to that citation that folks is what waiving your rights has accomplished by producing the information they are demanding like it or not they expect you to waive your right of due process your right to self-incrimination and everything else to accommodate their desire to generate revenue off the backs of you and I you

Channel: Libertys Champion

Views: 655,540

Rating: 4.7298536 out of 5

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Id: fzMi0WHduZI

Length: 49min 42sec (2982 seconds)

Published: Mon Sep 08 2014