This video demonstrates that police officers cannot expand investigations beyond reasonable suspicion, even when they claim to 'know the law'; citizens have the right to refuse consent to searches, demand specific legal justification for detentions, and challenge warrantless searches under the Fourth Amendment, regardless of an officer's experience or seniority.
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Sergeant Sommer’s Stop FALLS APART After Citizen Questions Reasonable Suspicion In NebraskaAdded:
I said I smelled marijuana coming from your vehicle. And that's not marijuana, sir. You went in my car. You went No, that's CBD. But you went in my car when I was when I was over there.
>> games with me.
>> I'm not playing games.
>> Yeah, you're parked in an area where you're not supposed to be parked. We just had a bunch of break-ins and cars stolen out here last week.
>> man. It doesn't matter if it's you. I'm explaining to you your car is not registered to you. It's a rental car and it's parked in an illegal building. I'm not going to continue to talk over you.
You can stop and listen.
>> be a consensual conversation. All you had to do was provide your driver's license.
>> to, man. Yeah, you should. You're in an area Germany If you're in an area doing something illegal I wasn't doing anything illegal. I was walking my dog.
I have reasonable suspicion that you have a vehicle that's not registered to you. It's a rental car parked illegally in an area that had break-ins last week.
I have every right to do an investigation.
>> This is why there's such a divide between law enforcement and citizens.
Right here. You have no right to go in my car. I don't care. You are an [ __ ] You have no right to pull me over. You have no right to check my car.
You have no right to look in my car.
None. Matter of fact, just shut up, man.
You're dismissed. Get the [ __ ] out. This is the moment a simple encounter in Plattsmouth, Nebraska, turns into a tense legal showdown over privacy, ID refusal, and the limits of police authority. Sergeant Sommer claims the rental vehicle was parked illegally in an area where recent break-ins had occurred, then uses that suspicion to expand the encounter, inspect the vehicle, run the citizen's name, and later justify the search through alleged marijuana odor and the automobile exception. But the real question is simple. Where exactly is the reasonable suspicion? Does a rental car, a man walking his dog, and past crime in the area automatically turn a citizen into a suspect? This video is not just about attitude or argument. It is about the line between lawful investigation and an officer stretching authority beyond what the Fourth Amendment allows.
You said I smelled marijuana coming from your vehicle and that's not marijuana.
>> in my car. You went No, that's CBD. But you went in my car when I was when I was over there.
>> playing games with me.
>> I'm not playing games.
>> Yeah, cuz you knew that you went in my car. You went right to it. Yeah, you shouldn't have went in my car. Nobody gave you permission to go in my car.
>> to you how this works, okay? The core Fourth Amendment issue begins immediately. The officer says he smelled marijuana and entered the vehicle while the citizen says no one gave permission.
A marijuana odor can sometimes contribute to probable cause, but the officer still needs an objectively reasonable basis, not just a vague smell after already entering the car. The citizen's best response is exactly the legal line here. I do not consent to any search and I want your legal basis stated on camera. Do not physically block the search. Preserve the objection. Your vehicle is a rental car.
It's parked in a place that it's not supposed to be.
>> We're on a trip.
>> explain to you the situation. If you want to listen, I'm more than glad to explain to you.
>> I'm listening. Like I said, you're parked in an area where you're not supposed to be parked. We just had a bunch of break-ins and cars stolen out here last week.
>> man. It doesn't matter if it's you. I'm explaining to you your car is not registered to you. It's a rental car and it's parked in an illegal place. I'm not going to continue to talk over you. You can stop and listen.
>> be a consensual conversation. It It should be a you listen to me cuz I'm explaining to you the reason why we are where we are right now, okay? You're parked in a place where you're not supposed to be parked.
>> Not a crime. I'm sorry? That's not a crime.
>> Blocking the road is. Sergeant Sommer says the vehicle is a rental, parked where it should not be in an area with recent break-ins.
Those facts may justify investigation, but they do not automatically justify entering the car.
Parking concerns and neighborhood crime can create suspicion, but suspicion must become specific and articulable under Terry. The citizen should ask calmly, "Am I being detained? What crime do you suspect? Is this about parking, burglary, or vehicle theft?" That forces the officer to define the legal lane.
You told me to pull over I was off the road.
>> were in the roadway, okay? I'm glad you didn't tow.
>> Yeah, I'm glad I didn't either. I was waiting because you know what? I'll be honest with you. I've already run you. I know you have warrants in Illinois for burglary >> unextraditable out of Illinois. See, exactly. You know all these things. Yeah, you want to play games with me. I asked you for your ID.
You could have simply given me your ID and we would have been done.
But you want to argue and you want to play games. I didn't make the rules. I have a right to determine if this car is stolen You could have run the plates.
All that You know what? Rental cars, rental cars aren't reported stolen till 30 days after. You can sit here and argue the law with me all day, but guess what?
I've been a cop for over 20 years. I know what the law is, okay? The warrants are unextraditable. Yeah, exactly. All you had to do was provide me your driver's license I shouldn't have to, man. Yeah, you shouldn't This isn't Nazi Germany.
If you're in an area doing something illegal I wasn't doing anything illegal.
I was walking my dog. I have reasonable suspicion that you have a vehicle that's not registered to you. It's a rental car parked illegally in an area that had break-ins last week. I have every right to do an investigation. That's what I'm doing.
>> weeks building that store, man. No trouble. As a matter of fact, the police in Plattsmouth were very, very good.
>> Right.
I can't believe you went in my car. Man, it's not simple when you break into my car. And go It is. You can't You can't just go in the car.
>> the vehicle unlocked. I have a right to do that and determine So anybody has the right I am a law enforcement officer. Yeah, and I'm a citizen of the United States.
Free. Yeah. Exactly. Yeah, exactly what?
You can't just go >> arguing.
>> Yes, I can. By law, I can determine who owns this vehicle and where it's supposed to be, okay?
>> Sergeant Summer argues he had a right to determine who owns the vehicle and whether it was stolen. That investigative goal may be legitimate, especially with a rental car parked suspiciously, but it does not erase the warrant requirement by itself. Officers can run plates, contact rental agencies, or ask questions. Physically entering the vehicle requires consent, probable cause, or another exception. Citizens should say, "You may verify the plate, but I do not consent to entering or searching the vehicle." You don't have a supervisor? I am the supervisor.
>> Man, that Do you realize how many followers I have on Instagram, I mean, YouTube? You Your department's going to get thousands of calls, man.
>> Absolutely, and they're going to realize that obviously You can't just go into somebody's >> to me, first off, okay?
>> I did not lie to you.
>> I've explained this, and I'm not going to continue to explain it. Simple as that. I did not lie to you. I did say I smelled marijuana in your car, and you said there's no marijuana.
>> in my car and you found it, man, without my permission. No, you didn't, cuz I haven't smoked it in like 2 days, man.
>> matter. Marijuana has a distinct smell, and I smelled it earlier. It's on my body camera when I was looking in your vehicle for a rental agreement to determine who owned the vehicle to make sure it wasn't stolen. All completely legal under the state law and under the Constitution, okay?
>> not I'm not I'm not Okay.
>> Plain and simple. And so, this is CBD.
It's not marijuana.
>> The citizen insists it is CBD, while the officer says it smells and appears like marijuana. So, he will issue a citation, and testing may later decide the charge.
That is legally important. Appearance alone may support suspicion, but final guilt depends on proof. The citizen should not argue chemistry roadside. The safest move is, "I do not admit it is marijuana. I request lab testing and a copy of the citation. Then, challenge the evidence in court. I'm trying to be nice.
That's correct.
So, when it gets tested, it's not going to come back as marijuana.
>> absolutely 100% true. Yes.
So, then why are you so worried about it?
>> I'm not worried, man. This is my right, man.
I'm trying not to. I This is a You should watch some of my videos, man. I I highlight great officers all over the country. I do. Okay.
And I appreciate that you Yeah. You're not You're acting like a tyrant right now. You know what? Here's the situation. If your job is to drive around and try to lure officers into doing something because >> That's not me.
It's a golf course with a with a with a walk. I I came back with my dog. The first thing you should have said is, "Oh, he just took his dog for a long walk."
Right. Yeah. Right. Uh Do you think I'm going to take my dog to break into freaking houses? Come on.
>> what, sir? All kinds of things happen, unfortunately.
>> My job is to investigate those things.
Again, like I said, last week, multiple cars were stolen. I'm sorry, multiple houses or vehicles were broken into.
>> That happens all over the country, man.
I'm all over the all over the country.
>> I'm glad that you're all over the country, and I'm glad that you're doing your part to be a great citizen.
>> and badge number?
>> Sergeant Summer, 92021.
>> S O M M E R. And you And you, sir?
Deputy Murphy. Murphy, and your badge number?
One more time. 92032.
Thank you.
All right.
We're going to get you a citation for the paraphernalia and the marijuana. And if it comes back that it's not marijuana, then most likely they'll drop the charge, but I can't field test it at this point right here.
It smells like marijuana. It appears to be marijuana, so we're going >> Okay.
>> I don't use marijuana. I don't use CBD, so I can't say >> because you're a little high-strung.
>> No. Yes. I Well, unfortunately, that happens when people are uncooperative.
That's what happens.
>> uncooperative. You have no right to go through my vehicle. You have no I don't care if you want to continue or not.
Why don't you go Man, I know you tell me what the first amendment is in.
Right. Yeah.
Where's my dog? There are certain things that you can do warrantless searches on.
Hey, you can't go in my vehicle and I will be down there tomorrow to file a complaint.
>> The citizen says he will file a complaint and the officer orders him off the roadway for safety. The complaint threat is protected speech, but the officer may give reasonable safety commands if the person is in or near traffic. The citizen should comply with the safety order without surrendering the complaint. I'll step out of the roadway for safety. But I still object to the search and will file a complaint.
That avoids creating a separate obstruction issue. You can absolutely do that, sir. Yeah. Yeah. Why did you get picked on in school? I don't have I can step anywhere I want, bro.
>> I've asked you to step over here off the roadway. Just I have to do whatever you say. You're God?
>> you to step off the roadway, sir. I'm asking you a question. Are you God? I'm No, you care nothing about my safety.
You get off the roadway.
Please step off the roadway for your safety. Now what? Okay.
Sir, if you want to be uncooperative, you're just making a fool of yourself.
No, I'm not. And you are going to get thousands of calls, believe me, thousands, because you're And there's nothing Don't call What What police department do you work for?
>> Cass County Sheriff's Department.
>> Cass County Sheriff's Department. Do not call and and make file a complaint against Sergeant Summer.
>> That's right.
Where's my dog at? Your dog's in the car, sir.
This is why there's such a divide between law enforcement and citizens.
Right here. You have no right to go in my car.
>> Actually, good citizens and law enforcement get along just fine. Yeah.
Yeah, right. That's why you How many How many cops have you arrested, huh? Bad cops. Yeah, how How bad cops in your career? Yeah, none. Really? Yeah, I guarantee it. I I'll pull your record.
[ __ ] See, again, you're just making >> Dude, I don't care. You are an [ __ ] Right. Yeah, the the definition of [ __ ] You have no right to pull me over. You have no right to check my car. You have no right to look in my car. None. No, you don't. We'll see. Yep.
We'll see. Yep.
You have no right to run my name. What are you running my name for? Huh?
>> whether or not you're a wanted person. A citizen objects to the officer running his name. If the officer has a lawful detention, identity checks can be part of the investigation. But if the detention was unsupported from the start, the name check becomes part of the fourth amendment challenge.
The citizen should not escalate with insults. The strongest phrasing is, "I do not consent to this detention. What reasonable suspicion do you have that I committed a crime?" I'm a wanted person.
What are you going to do about it? I have warrants all over the country.
>> Yeah, you're proud of it, aren't you?
>> No, I'm not. They're unextraditable.
Anybody who would flaunt that in front of a law enforcement officer must be proud of it.
>> Well, So, I wish I know that you wish that they were extraditable, so you could take me to jail because you love to put people in cages. Sir, if you choose to be a criminal and be belligerent like that, >> a criminal. You're a criminal. You went through my car while I was walking my dog. No, you didn't. Illegally.
Illegally. Well, you need to Google your facts.
>> You need to Google this.
>> Google the Google the Constitution, yeah. You're such a a great citizen, sir. I really appreciate your cooperation. Yeah, well, I really appreciate you violating my rights.
>> Well, that hasn't happened.
>> This is This happened several times. I told you, don't touch me. I told you, don't go through my car.
>> I haven't touched you, sir. Yes, you did. You patted me down.
Oh, I I'm sure when we watch the body camera, I'm going to you're going to hear him say that.
>> Oh, I'm going to get the body camera.
Give me the incident number so I can go down and fully request it tomorrow.
>> absolutely do that, sir. Your [ __ ] deputy pulled that taser on me. Because you were being uncooperative, sir.
>> I'm being uncooperative because I don't have to get No, I'm not. The citizen says he was patted down and a deputy pulled a taser because he was uncooperative. That label is not enough by itself. A frisk requires a reasonable belief the person is armed and dangerous and force must be objectively reasonable. Refusing consent or arguing rights does not automatically justify a taser threat. The citizen should say, "I am not resisting. I do not consent to a search. I want the body cam and incident number." Because I I have rights. I'm being uncooperative.
>> you are required to identify yourself.
>> You are not if you do not have res reasonable articulable suspicion that a crime has been committed >> or that you're in the process of a crime.
>> Or I'm in the process So, WHAT DETERMINE WHAT WHAT CRIME have I committed? What res do you have? How do I know you weren't burglarizing houses, sir?
>> That's suspicion. Is that a felony or misdemeanor? Now, is that suspicion?
Yes. No. You There's no reason here.
There's no reason here. None. Yep.
You saw me come back with my dog, my dog.
>> Right.
My dog. Good.
Hopefully it's your dog. Maybe Maybe you can get it up for a court tomorrow, then.
>> Maybe Maybe if you Maybe Maybe Yeah.
>> You can continue to be belligerent.
>> I'm not being belligerent.
>> going to elevate me to this point. I'm not going to do anything to you, sir.
>> wish I could. I wish I >> not going to do anything with me?
Because you're a coward. Sure. That's why. Yep.
You're a coward. Yep.
That's what you feel, sir. Yes. But I'm not a criminal. So, that's all that matters.
>> [ __ ] >> Yep. You're a criminal. [ __ ] You're not a criminal. You just went through my car illegally. It wasn't illegal, sir. Yes, it was.
>> No.
It's called the automobile exception to warrantless searches. Whatever. Keep [ __ ] it up. Yes. Yes. And you ran my name, why?
To verify who you were. Well, Here's how it works. I don't want to hear Matter of fact, just shut up, man.
You're dismissed. Get the [ __ ] on.
You're dismissed.
>> You can stay out here, sir. No. I'm getting back in my car. And You're not getting in your car. You're getting a citation. The officer says he cannot get into the car and warns he will be arrested if he leaves before receiving the citation. During an active detention, police can control movement for safety and completion of the citation.
But the detention must last only as long as reasonably necessary. The citizen should not force entry into the vehicle.
The safer line is, am I being detained only for the citation?
Please finish it and return my wallet.
If the officer has his wallet, that also supports asking whether he is actually free to leave. Citation. Step to the back of the vehicle, sir.
>> Listen, you're not going to tell me where to go, dude, or what to do. You're not my boss. You're not my girlfriend.
You're not my mom. You're not my dad.
YOU'RE NOT GOD.
>> THEN BACK UP AND GET AWAY FROM ME, DUDE.
You're not getting into the car. You're getting a citation.
>> from me. It's cold out here. I'm getting in the car and there's nothing you can do about it. Nothing. Get out of my way.
You're blocking my way from getting in the car. Because you're not going to drive off.
>> many I'm not driving off. He's got my goddamn wallet. Give me my money. Man, shut up, man. Get away from me. Get away from me. Get away from me. Get away from me. Get away from me.
Get away from me.
>> continue to yell. It's not going to happen.
>> you can continue I'm getting [clears throat] in the car, dude. It's cold.
And you're not going to stop me. Shut up. Shut up.
Hey, shut your mouth. Sure.
If I leave, he's got my wallet. That's the only money I have.
>> Think that matters that he has your wallet?
Shut up.
The most important lesson in this encounter is that a citizen does not have to speak perfectly for his rights to remain protected. Police may investigate when the law gives them a lawful basis, but frustration, silence, refusal to cooperate, or the presence of a rental car cannot become a blank check for unlimited authority. When an officer says, "I know the law after more than 20 years on the job," the answer is still the same. The law depends on specific facts, not seniority. The lesson for citizens is clear.
Ask if you are being detained, ask for the reasonable suspicion, do not voluntarily provide information when the law does not require it, and record everything. Knowing the law is not about fighting police. Knowing the law is about refusing to become a target simply because you dared to ask, "Where is your legal authority?" What do you think about these officers?
Leave your thoughts in the comments below so we can discuss and learn together. And don't forget to like and share this video with your friends and others to better understand your rights.
Thank you for watching. Have a good day.
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