If a police officer DOES happen to establish Reasonable Suspicion to pull you over, then the first thing to know when you are stopped or detained by the police, whether in your car or on foot, is that it is technically what’s called a Temporary Arrest or Seizure. Police stops can be very dangerous, to both the officer and the citizen alike, however, because the police officer is voluntarily putting his or her life in repeated danger, the Supreme Court has ruled and given police officers something called “Unquestioned Command“ at a police stop to further guarantee their safety, in many cases, even over YOUR 4th Amendment Rights.

This means a police officer has great leeway in telling you what and what NOT to do at a police stop when assessing whether you have committed an infraction or a crime. So contrary to what you may have seen on TV or in the movies the police officer does have the authority to tell the driver AND passenger to get out of the car.

Pennsylvania vs Mimms 434 US 106 (1977)

Maryland vs Wilson 519 US 408 (1997)

If they do or don’t tell you to get out of the car it’s completely under what’s called police discretion, which is a fancy way of saying if the officer feels like it or not. And because of this very reason, whenever you ARE confronted by a Police Officer for a possible infraction or crime, it is EXTREMELY important that with CONFIDENCE you show the police officer that you KNOW YOUR RIGHTS by following these long established principles of law to best ensure a safe outcome and that your Rights are NOT violated, or so that you may get restitution if your Rights are Infringed upon.

The three main Rights you want to focus on at a police stop are Amendments 4, 5 and 6 of the Constitution.

The 4th Amendment guarantees your Right against unreasonable searches and seizures without your consent.

The 5th Amendment guarantees your Right to remain silent and not incriminate yourself.

The 6th Amendment guarantees your Right to an attorney or council.

With these basic Rights in mind we’re going to go over a few common scenarios that happen at Traffic and Terry Stops, and the things you can do to secure your rights as well as get you home safely….

Your three most important rights at a police stop are the 4th, 5th, and 6th amendments to the US Constitution.

“Probable Cause” is the doctrine taken from the 4th amendment to the U.S. Constitution that allows a police officer to search, seize and/or arrest a person upon the belief that they have committed a crime. 

A Terry Stop is the doctrine created by the 1968 Supreme Court case of Terry vs Ohio, which allows a police officer to detain a person if the officer has a “reasonable articulable suspicion” that the person being detained has committed, is committing, or is about to commit a crime.

 “Reasonable Articulable Suspicion“ is the conclusion drawn from the actions taken by an individual, combined with the surrounding facts and circumstances, that leads a police officer to believe that the suspicious individual has committed, is committing, or is about to commit A crime.

Public Official Bonds!

When recording police, you should stand at enough distance to not be a danger to officers while performing their duty, which is usually a minimum of 20 to 30 feet. 

It is 100% perfectly legal to record the police in public while on duty.

The main purpose of every police stop is to escalate it to drugs, weapons, or DUI charges.. basically to investigate until they have acquired probable cause to arrest you.

The police are only required to read you your Miranda rights AFTER they arrest you and want to question you.

Being handcuffed without probable cause is a seizure of your person, and a violation of the 4th amendment to the U.S. Constitution. 

If you are being detained for an invalid reason or the officer can’t articulate any specific facts as to why you’re being detained, Simply and Politely ask them if you are being detained or if you’re free to go. If the officer still tells you that you are being detained without establishing any evidence of wrongdoing, then it is an unlawful detainment and the officer loses their “Qualified Immunity” leaving them open to a personal lawsuit and bond claim/lien. 

If an officer stops you because they say you fit the description of a suspect, you should ask the officer:

• What crime am I suspected of committing?
• What’s the description of the suspect?
• What were they wearing?
• What time did it happen?
• Where did it happen?
• Who was it done to?

If you believe you are being unlawfully arrested, you should NEVER physically resist, Only make a verbal protest of the arrest under duress and seek to punish the officer after the incident by filing charges, a complaint, a Title 42 sec. 1983 lawsuit, or a claim against their public official surety bond.

At a lawful police stop you ARE required to comply with a police officers orders, as long as they don’t violate your constitutional rights.

Other than your name and address or ID/driver's license when the state requires it, you are not lawfully obligated to give the police anything else. As stated, you are not required to aid the police officers in their investigation. If the officer proceeds to ask you questions beyond your identification, simply and politely state… “ Officer I don’t answer questions!!!”

A Stop and identify state is any state that has passed a law that requires any individual suspected of a crime to produce identification when they are detained, and offers a criminal penalty when that request is denied.

A police officer can only arrest you for using profanity if you use it to incite violence or to threaten the officer directly… otherwise, profanity has been ruled 1st amendment speech by the Supreme Court.

Yes, the police can and most often do legally lie!! 

If you have not broken the law you do NOT have to comply with any of the officers' requests or demands! However, be smart about your situation and ALWAYS ALWAYS make sure you’re recording!!! 

YES! Any and every violation or in a fraction of the law no matter how small gives a police officer enough reasonable suspicion to lawfully detain you.

When the police get A 911 call, whether it be for an emergency or A check, they are by law required to investigate The call. Upon arrival at the scene, they are still required to establish reasonable articulable suspicion of a suspected CRIME before they are required to give them your identification.

Suspicion alone is NOT a crime!

A police officer is allowed to go in your pockets only AFTER they have probable cause to arrest you for a crime.

At a Lawful Terry Stop the police are allowed to frisk or pat down the suspected person for weapons ONLY if they believe that individual to have a weapon in a specific place on their body, and the officer is able to articulate a belief that the suspected person is a danger to the officer and public with that weapon.

At a Lawful Terry Stop, you are ONLY obligated to give the police your name and address. In some instances, you may have to give your ID/driver's license if state law requires it. Hiibel vs Nevada  

Other than giving your name or identification you DO NOT have to assist the officers in their investigation.

When a police officer asks you for your ID, your response should be… Do you have Reasonable Suspicion that I have, or am about to commit a crime?

You should never drive or leave the house without a dashboard camera for the car and/or a body camera.

Under reasonable articulable suspicion, the police are allowed to institute a small investigation to determine whether a crime has been, is being, or is about to be committed.