Just curious how much of this is against the law...

I've always found the constitutional rights we are granted interesting and how to out smart cops when they try and BS you, not that I've tried it but I think its important to know your rights in case something with major BS was ever to happen to you.

Those of you that know the law can you elaborate on this video, what was right and what was wrong, and possibly what to do if this situation was to happen to others (obviously if you're sober).

 

A couple of these have been posted before. But not to the extent of the driver being removed from the car. Always seem to get different answers.

Would like to know straight from an LEO if any of them care to post.

 

I'm surprised they didn't intentionally break his camera since they found out they were being recorded.

 

 

At the end of the day, if your not doing anything you shouldn't be, Dont turn into Captain Dick Face and cause a scene, Aint no body got time for your bull****, do what they tell ya and on your way you will be

 

Cool, did you watch the video? Officer dickface seemed to be the one making a scene. The guy was respectful and well within his rights.

 

I need to get a pov camera like a go pro or contour because i believe my rights have been violated a couple of times. On the fourth a cop caught my friends and I for illegal fireworks but he asked to talk to me because we were at my house and i said ok got up and he asked for my ID so i went to grab my wallet and he lunged at me, grabbed my knife that was clearly in site and legally carried and threw it on the hood of his car.

 

Sounds like he was harassed and had his rights violated by a cop who didn't like know it all 21 year olds. Its lame that the young adult pretty much pushed for that situation to go down but its perfectly within his rights to do so. If that was a lawyer in that situation, I'm pretty sure he'd be suing that police department.

A part of me feels like police officers should be held to a higher standard in regards of upholding constitutional rights but at the same time I know that people make mistakes and let their ego get in the way of doing their job.

 

DUI checkpoints are unconstitutional.

 

In theory yes. Legally however they can stop you. What they can and can't do beyond that point , I have no clue.

 

@ 2mins

 

I can chime in on this I've worked several DUI checkpoints. For one, they don't stop every car. It's every third, fourth, fifth etc. car depending on how busy or slow it is that night on that street because it is "unconstitutional" or profiling to stop every car on the street. Secondly, that 3rd or whatever car is pulled to the side and they talk to the person they don't do the breathalyzer you or do field sobriety tests, or search your car unless you show signs of being under the influence / have some sort of priors.

At least that's how it was at my department, can't chime in on anyone else's policy but they're more of a formality. Seems like way too many people slip through these things when drunk and don't even get stopped. The most we'd get is 3-5 dueces per night we had a checkpoint

 

Notice how Officer "AJ" and his partner's demeanor changed immediately upon noticing the camera. Those cops are typical small town "good ol boy" LEO's that violate your rights at the drop of a hat as demonstrated in the video. No articulable reasonable suspicion needed apparently.

The cop asking him to roll down his window was a request, not a lawful order. When they ask you to roll the window all the way down, it's not because they can't hear you, it's because they want to ascertain if there is any odor of alcohol in the vehicle.

Whenever you're asked to get out of a vehicle you should always roll up your windows, take the keys and lock the doors immediately upon exiting the car. This way it forces them to get PC for a search, which they might be able to get by getting a K9 to false hit on a scent that the handler might have planted. All it takes is for the handler to have a small amount of marijuana in his pocket and touch it. Then all he has to do is touch your car to plant the scent and the dog will immediately react to it. Now they have created PC for a search.

Best thing to do is always have a camera ready to record the contact with LE. A smartphone would actually be preferable to the camera because you can run an app that immediately uploads the recorded video to a cloud in case they decide to confiscate the device.

Besides that, it would be wise to have a good lawyer on retainer.

 

My question is: which questions do we "have" to respond to, and which can we politely refuse to answer?

 

FTP, how bout that? lol.... much better checkpoints in afghanistan. This video was very informative, yet even if u are aware of your rights, it doesn't seem to matter while the incident is occurring. They will force their way to do as they please....its always been like that and will never change. Welcome to a POLICE STATE. Just lawyer up and always have an iDEVICE capable of uploading to CLOUD once the video is stopped, just in case they confiscate for evidence. San Mateo County LEOs are the worst offenders in my opinion... GTF for San Mateo County are the biggest A-HOLES in the Bay Area and have no problems embarrassing you in front of your family, friends, and neighbors just because they love to profile.