During a traffic stop, individuals have the right to question the legality of police orders and demand that officers cite specific case law justifying their actions; when officers cannot provide legal authority for their commands, such as ordering a driver to roll down windows for 'officer safety' without Supreme Court precedent, the stop may violate Fourth Amendment protections against unreasonable searches and seizures.
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Driver Destroys Cop With Simple Questions — TOTAL EXPOSURE!🔥追加:
It's not a lawful order.
>> Roll down the window all the way so I can see inside. Your tag light is too dim. Are you going to fail to provide me your driver's license?
>> Don't think I'm getting it.
>> That's not very nice you.
>> Driver's license.
>> I'll be nice to you.
>> Pull it down for officer safety.
>> But that's the unlawful order. No, that's not a lawful order. No, not all of them. What's Supreme Court case law that >> Pennsylvania versus me?
>> That just gets you out of the vehicle.
That has nothing to do with tent. Cight the case law. You You're the police.
You're supposed to fight it. Cight the case law.
>> There is dark tint and we cannot see into a vehicle. We can open your door to look inside.
>> So that' be a violation of fourth amendment. You can't open the door.
That's about it.
>> Please let me know that. Cight the law.
>> Cight the law, man. Cight [music] the law. You not >> This traffic stop begins with a minor claim, a dim tag light, but within moments, it escalates into something far more serious. A Sarasota officer demands the driver's [music] ID, orders him to roll the window down completely, and then leans on officer safety while misapplying [music] case law when questioned. The driver doesn't argue unnecessarily. Instead, [music] he focuses on the key issue. Where is the lawful authority? If the stop is [music] based on a weak justification, if the orders lack a legal foundation, and if the officers cannot clearly site the law, then this is no longer a routine stop. It becomes a fourth [music] amendment issue captured on camera.
>> Lawful order.
>> It's a lawful order. Roll down the back window.
>> It's not a lawful order. [music] That's not a lawful order. That's not a lawful order. It's not a lawful order.
>> It's not a lawful order, ma'am.
>> Roll down the window all the way. I can't see inside. It's too dark.
>> There ain't nobody in there but me.
roll down the window all the way so I can see inside. [music] >> The officer orders the driver to roll the window down fully in the name of officer safety. While courts generally allow limited measures to ensure visibility during a stop, there is no clear Supreme Court ruling that requires full compliance [music] with a command to completely lower a window. Citing Pennsylvania versus Mims in [music] this context is inaccurate as that case addresses an officer's authority to order occupants out of a vehicle, not control over a window.
>> Hold down the window all the way so I can see inside. [music] That's not a lawful order, ma'am.
>> That is a lawful order.
>> It's not a lawful order.
>> The reason for the stop is you have your tag light [music] is too dim. It's not visible from 50 ft.
>> That's a lie.
>> The stop is based on a dim tag light which must meet [music] statutory visibility requirements at a specified distance. If the light is objectively functional, this raises the possibility of a pretextual stop where a minor or questionable [music] claim is used to justify the stop without a clear underlying violation.
>> That's a lie. I have lights. It is.
[music] Do you have your driver's license, registration, and insurance?
>> So, this is unlawful order. This law traffic stop's license, registration.
>> Can you check and see if my tax is uh my tag light is fine, [music] ma'am?
Please.
>> Driver's license, registration, and proof of insurance.
>> I'm not going to give you my fourth amendment right. You're violating >> driver's license, registration. You're violating my fourth amendment right.
>> Proof of insurance.
>> You're violating [music] my fourth.
Ain't nothing wrong with my tag lights.
>> Your tag light is too dim.
>> My tag light too dim. [music] It is too dim.
>> No, it's not.
>> You cannot see your tag.
>> Those are perfect tag lights.
>> Those are just perfect tag lights.
>> Yes, they are.
>> No, they're not.
>> So, but I don't give my license.
>> Would you take me to jail?
>> Yes. Driver's license registration.
>> So, you threaten me to take me to jail?
>> No, I'm not threatening.
>> Yes, you just did. You just did.
>> Going to be obstruction. I need your driver's license.
>> Don't worry about it. I see you in court.
>> Driver's license.
>> I see you. I see you in court. I see you in court.
>> The officer warns the driver of arrest for failure to comply. Such a warning can be lawful if the [music] stop itself is valid and the driver refuses to meet statutory obligations. However, if the initial stop is unlawful, any escalation [music] that follows may also be constitutionally invalid.
>> Are you going to fail to provide me your driver's license?
>> No one think I'm getting it. [music] >> That's not very nice.
>> You >> driver license.
>> That' be nice to you. Who do you think you is?
>> Registration and insurance.
>> You I'll be nice to you.
>> Your insurance?
>> Probably through my uh phone. So, you want to give me a ticket for it? Stay on. There ain't nothing wrong with my lights. [music] I know ain't nothing wrong with my lights. Nast ass. I ain't wrong my lights. Nothing wrong with my lights. Ain't nothing wrong with my tail lights. Nothing.
>> Did you tell you about your tent, too?
>> Ain't nothing wrong with my tent. Don't you see that uh that that decal back there on my [music] tag?
>> What a go look it up and check it out.
>> I'm standing right there.
>> Well, I ain't got to say nothing to you.
I ain't got to say nothing to you, boss, man.
>> I ain't got none. Listen, man. I ain't got to be rude to you if I want to be rude to you. You >> All right. Come on, man. Yeah. Come on, man.
>> Come on, man.
>> I'm not your friend.
>> I don't need to be your friend.
>> Exactly.
>> You don't need to be so rude, though.
>> I can be rude.
>> You can. This just >> It's okay.
>> Well, your girl just pulling for unlawful stop. So, yeah, I'm pissed off.
>> What she pulling for?
>> She talking about my tag don't have no light back there or something. Ain't nothing wrong with my lights on my tag.
Ain't nothing [music] wrong back there.
Nothing wrong back there. She just she seen me come out the hole back here and she stopped and flashed her [music] lights at me and she let me go. Soon as I went to park right here, she put her lights on. Come on, man. I know what she doing, >> bro. What's [music] the tag thing? It's like SM. That's what it is.
>> No. Yes. SM I s [music] I M.
>> What's that mean?
>> It's for a tent. Uh for my eyes.
>> Okay.
>> I got thumb roll my eyes.
>> I've never seen that. [music] >> Yeah. Come on, man. She tripping.
>> Oh, cool.
>> I know it's unlawful to stop me. She's violating my Fourth Amendment [music] right, too. Come on, man. Y'all think I slow or something. Let me ask you.
>> I ain't no I'm going to answer a answer no questions.
>> No, I'm talking about the thing with your daughter over here.
>> I don't answer no questions. [music] >> But she was getting beat up.
>> I don't answer no questions.
>> I know you don't answer question.
>> I don't answer questions.
I don't answer questions.
>> I'm just saying.
>> I'm just saying I don't answer.
>> You did what you were supposed to.
>> I'm I'm just saying I'll [music] answer questions.
>> Well, I wasn't.
>> I'm just saying I'll answer questions.
Okay. I vote my fifth amendment right.
>> The driver clearly invokes his fifth amendment right by [music] stating that he will not answer questions. This is legally valid. Individuals are generally not required to respond to investigatory [music] questioning beyond providing any identification that may be required by law.
>> I ain't going no dummy, man. Come on.
>> Okay.
>> Come on, man. Come on. I ain't saying you was. I'm just letting you know. I'm just letting you know. Just letting you [music] know, boss man. Just letting you know.
>> Do you act like this to everybody or like is it just a >> when when it's unlawful stop? Yes. Yes.
Of course. I'm a kid. Yes. Yes. But when it's legit, you got my respect. I'll take [music] my hit. That's your opinion, man. You don't know me.
>> You don't know me either.
>> Exactly. Exactly.
>> So, I was trying to be nice. Before, >> man. I don't You don't got to be nice to me, man.
>> Well, I like >> Your job be professional. [music] Your job is to be professional. That's your job.
>> And And make sure you uphold my constitutional rights. [music] Why you still there violating me? That's the point I'm trying to get you to understand. Yeah. [music] Do your job.
Your job to uphold the constitution and the laws. No. Your job is Your job not to back up to uphold the constitution.
Yes, I do. Yes, I do. Come on, man. Who you think you talking to, man? You.
>> Hey, Mom. Hey. What's wrong with my tags back there, Mom? My tag light. He She said my tag like damn back there.
Exactly what I just told her. She pull me cuz she seen me come out the hole back there. [music] Exactly. I know she do. I know she do. You lying. I know she do. Exactly, man. I know she do, man. I know my t I know my lights work my truck. Trust me, [music] I know they're lying. I know she lying.
Hey, I need everybody card on. I need everybody [music] card, too. I need everybody card number is 1907. [music] >> And what's your name?
>> Ryan.
>> Ryan. Officer Ryan.
>> I need your I need your I need everybody tag numbers. I need everybody bags. I need everybody every everybody information. I need it all. I need it all.
>> My first and my last name.
>> I want everything so I can [music] file a report against you.
>> Okay.
>> That's all I need. Yep.
>> My last name is Bernier.
>> Yes, sir. What's your badge number?
>> 1886.
>> Yes, sir.
>> Ma'am, what's yours? Well, [music] I won't file one against you, though.
>> Dan D O U G.
>> Wait, why did I hurt?
>> 1 1963. [music] >> Thank you. Also, I appreciate you.
>> What?
>> The driver requests the officer's names and badge numbers, which is a legitimate form of accountability. [music] Officers are generally required by department policy to identify themselves when asked, particularly during disputed or contentious encounters.
>> How's that fair?
>> Ain't nothing [music] fair, man.
>> It's okay, Mom. Relax. It's all right.
You were just acting the same way. What do you mean?
>> Was I just yelling, screaming, and cussing at you right now?
>> Tell me what you mean.
>> Okay. Come on, man. Come on, man. I got a first amendment right constitution to speak [music] how I want to speak.
>> You got the first. You got >> I got all of them.
>> All of them. I got all of them, man.
[music] >> And guess what? It don't tell me I can be nice to you. It don't tell me I can be ahead of you. Tell me everything, man. Come on, man. My personal limit is is long and stretchy.
>> Now, listen. Ain't nothing fun about nothing when you getting your vice violated. Ain't nothing fun about it. I don't see [ __ ] funny about it. You supposed to uphold [music] the law. Yes.
>> Not violate the law. Come on, man.
Talking about Come on, man. It's funny, man. I got a degree in this, man. I practice law. What you talking about?
>> You have a degree?
>> No, I got a degree. Yeah, I got a degree.
>> What is it then? You don't mind me asking?
>> Criminal justice.
>> All right.
>> All right.
>> Okay. So, I know the law. Don't play with me. Come on, man.
>> You take during your criminal justice degree.
>> Listen, I don't answer questions.
>> Okay. I'll just carry I got a criminal justice degree. Respect. [music] We didn't do anything like ball related.
>> Oh, we did.
>> That's all.
>> Yeah, I came out of Georgia. Graduate out of Georgia.
>> Yeah. Well, relax. Relax. Just relax.
Just observe. Just deserve the sidewalk.
Relax. [music] I'm recording. Just relax. Believe me, everybody that's here going to be fault against them. Don't worry about it. I'm not exercising my rights. Trust me, I've been doing it for a long time.
>> She's not going to fight for me.
>> She shouldn't for that.
>> She shouldn't.
>> No, my tag is good for that, man. You can't measure my I got I got disability.
I got a disability.
>> I know she mentioned that and everything. So I just >> No, she did not mention that.
>> She did not mention >> She [music] did not mention that.
Nothing about my tent. She said my tag didn't have no lights. So >> I think she told you when she said [music] roll it down for officer safety.
>> But that's the unlawful order. I don't have to follow that order. [music] >> So that's incorrect.
>> No, that is correct. That is correct. I don't have to follow unlawful orders.
>> No, that's not a lawful order.
>> I'm [music] just going to explain to you. We conduct a traffic stop. You can't see in the vehicle. We have every right to have the [music] driver pull down the window.
>> You talking about No, not all of them.
That's what's Supreme Court law. What's Supreme Court case law that means >> that? That just gets you out the vehicle. That has nothing to do with tents. That has nothing to do with tent.
Salvation doesn't matter. That has none. That's to get me out the vehicle.
>> The officer claims the right to open the vehicle door if visibility is limited.
[music] This is legally questionable.
Opening a vehicle without consent or probable cause may constitute a search under the fourth amendment and generally requires a justification [music] beyond a mere inability to see inside.
>> That has get me out of the bigger that had nothing to do with my tent.
>> It's not a It's not a disagreement.
Cight the case law. Cight the case law.
>> Cight the case law. You the police.
You're supposed to fight it.
>> Cight the case.
>> Just fight. That's >> Well, you're going to keep talking.
>> Pennsylvania man's [ __ ] Get out the vehicle for officer safety. That had nothing to do about tense.
person men's [ __ ] get out the vehicle for officer safety. That has nothing to do with my tent. That's an unlawful That's an unlawful order. Period.
[music] Boink blank. End the story. Has nothing to say. Sight the case law.
Okay, then. Site the case law. You can't site it now. I don't know what you're talking about. Site the case law.
[music] >> Site the case law.
>> I'm waiting for the >> You're the police.
>> You're the lawyer.
>> Site the police. You You the police.
Sight it.
>> Sight it.
>> Sir, can I say something real quick?
>> Please do. So if there is dark tint [music] and we cannot see into a vehicle and you don't roll down that, we can open your door to look inside of that. I just want to let you know that.
>> So that' be a violation of fourth amendment. You can't open the door.
That's a violation.
>> Sight the law. Sight the law.
>> Sight the law. Cightight the law. You don't have to let me know. Sight the law. Please let me know that. Sight [music] the law.
>> Sight the law, man. Cight the law. You not let me know. Your word don't mean sight the law. Sight the case law. What you talking about? Exactly. Cight the case law. If you not speaking the case law, then I don't know what you're talking about. That's your opinion. Your opinion has to do with nothing.
>> It's not my opinion. It's not >> that is opinion. Cight the case law.
>> Cight the case law, man. I'm asking you to fight the case law.
>> Situation.
>> Cightight. Cight the case law, man.
>> Best violation of the fourth amendment.
Best viource amendment. Yes, it is. Yes, it is. [music] Yes, it is. Come on, man.
I'm not slow. Come on, man. Come on, man. Come on. You not It's not argument, but you still ain't [music] signed the case law. So, I don't understand what you're talking about. I still understand what you're talking about. Okay. [music] Y'all just sitting here let her just violate my fourth amendment, right?
Y'all just violate my Fourth Amendment, right? Don't worry about it. I got a good lawyer now. I keep them. Come on, man. I keep me a good lawyer, man. Yeah, I always do.
>> Come on, man. Come on. [music] >> Do you have any questions for me before I give you this?
>> The stop concludes with a warning rather than a citation. While officer discretion in issuing warnings is common, doing so after a contentious stop may suggest [music] that the evidence for the alleged violation was weak. Courts may take this into account when evaluating the legitimacy of the initial stop.
>> Yeah. Keep on violating my rights. Come on. I ain't got no question. You just violate [music] my rights.
>> There ain't nothing wrong with my child.
So we I'm going to love you. All right.
Get on the sidewalk. Get on the sidewalk. Just get on the sidewalk. Get on the sidewalk. Get on the sidewalk.
Get on the sidewalk. Mom, I know. We know that. We know that. So are we are we done? So, it's going to be a warning.
A warning you over.
>> Okay.
>> They They said that my light my tie light was uh out a dim or something.
[music] >> I know. I know. I know. I know. I know.
Okay. So, [music] we're good. I don't have to get changed out. Get out my face. You gone. Thank you. Excuse.
>> Ain't nothing wrong with my tag. Ain't nothing my tag light. Ain't nothing wrong. My tag lightwalk. Get on the sidewalk. Get on the sidewalk. Get on it. Mark. [music] Mark. I got this. We got We got this. We like We know that.
>> You can see that.
>> Exactly. We know that. Yeah. We record everything.
>> We record everything. Yeah. Take a picture of that. And [music] I want I want a copy. Hey. And I put a request in for it. I want to request your cell phone. Yes. I want [music] Hey, I want I want a video of that, too.
>> Don't worry about it. I'm going to get that.
>> What makes this [music] encounter powerful is not just that the driver refused to be intimidated. It's that each [music] justification offered by the officers begins to fall apart under simple legal questioning. A lawful stop requires a legitimate [music] basis. A demand for compliance must rest on clear legal authority and officer safety [music] cannot become a catch-all phrase that overrides constitutional limits that I in. In the end, the driver receives a warning, not a formal charge.
And that speaks volumes. The take.
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