Police officers employ various psychological tactics and legal loopholes to elicit incriminating statements, consent to searches, or waive constitutional rights, often preying on individuals' desire to be polite or their lack of knowledge about their rights.
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If you think being polite and
cooperative with the police will protect
you, you're about to make the most
expensive mistake of your life. Because
most people don't get arrested because
they're guilty, they get arrested
because they talk. And I've seen
two-minute conversations with a cop turn
into a search, handcuffs, and a court
date. All because someone answered one
question they didn't have to. I'm Jeff
Hampton, the people's lawyer, and in
this video, I'm breaking down every
single trick cops use to get you
talking, explaining, and consenting. and
the exact words you can use to shut them
down so that you don't accidentally help
them build a case against you. If you've
ever been pulled over for a traffic
stop, it's important to know that cops
have a grabag of tricks that they can
pull from to get you talking and you end
up giving consent so they can search
your car. First off, it's important to
know that cops may actually pull you
over for a minor violation, even if
they're really interested in something
else. For example, they could stop you
for a broken tail light, rolling through
a stop sign, or maybe they think your
license plate is out when their real
reason they pulled you over was to
investigate you for a more serious
crime. These are called pretext stops.
And in 1996, the Supreme Court held in
Ren versus United States that a traffic
stop is reasonable under the Fourth
Amendment when police have probable
cause to believe a traffic violation
occurred, even if the officer's real
motive was to investigate something
else. A tiny violation can open the door
to questioning, orders, and searches.
So, when you're pulled over, don't think
you can talk your way out of it by being
friendly and cooperative. The cop could
be using your minor traffic violation as
a way to trick you into saying something
that could open the door to a bigger
investigation. One of the first trick
questions cops will ask you is, "Do you
know why I stopped you?" Many people
will answer, "Was I speeding or did I
miss that stop sign?" If you admit to
wrongdoing, now the officer doesn't have
to prove it. you've just given yourself
a ticket or worse. In 1984, the Supreme
Court case of Burkmer versus McCarti
held that routine roadside questioning
during a typical traffic stop is
generally not custodial interrogation
for Miranda purposes. So, officers can
ask questions and those answers can be
used against you, even if you weren't
Mirandaized. Never give the cops
anything to use against you. So, when
the cops ask, "Do you know why I pulled
you over?" Simply say, "No, I don't. It
was polite, but you offered nothing."
Another most common trick question cops
love to use is where you coming from or
where you going. This isn't friendly
conversation. To answer these questions
is to give cops a timeline for them to
test against other information they're
fishing for or to see if your story adds
up. For example, I just left my friend's
house will lead to further questions
about what you were doing at your
friend's house and whether or not maybe
you were using drugs or alcohol. You're
better off not narrating your night to
the cops. Instead, you can say,
"Officer, with all due respect, I will
not answer that question." Now, what if
the officer plays hard ball and he
doesn't like that, so he asks you to
step out of the car. Now, many people
feel, "I have the right to refuse. I
don't have to get out of my car." But
unfortunately, they can't. Based on the
Supreme Court case of Pennsylvania
versus Mims, cops can demand you to step
out of the car in the name of officer
safety, even if they don't have any real
suspicion that you've committed a crime.
Refusing this order, believe it or not,
can result in cops pulling you out of
your car and you can end up being
arrested for resisting arrest. However,
once you're out of the car, watch out
for more tricks because officers can
claim you are acting nervously or they
can split up everyone to question you
one by one or they can take their time
looking around the car for evidence that
could be sitting in plain sight. If
you're forced out of your car, protect
yourself by locking your car doors and
telling the officer you do not consent
to a search. If you ever feel like you
aren't able to leave the side of the
road or the cops keep asking you
questions to delay you being able to
leave, this is where you simply say,
"Officer, am I being detained?" If they
don't give a clear answer, ask, "Am I
free to go?" If the officers admit they
have no reason to detain you, leave
calmly. If they claim you are being
detained, now you know. Exercise your
right to remain silent and you will not
say anything further without your lawyer
present. Now, how do you know if you're
being detained? In the classic case of
United States versus Menhal, the US
Supreme Court ruled that a person is
considered seized or detained when under
all the circumstances a reasonable
person would not feel free to leave.
That test is the legal backbone for why
am I free to go matters and why cops
hope you don't ask that question so they
can use it against you. So, if the cops
are being ambiguous with their answer
and they don't clearly tell you that you
are free to leave, it's time for you to
exercise your right to remain silent and
don't say a word unless your lawyer is
present. So, now we see how cops can
trick you to get you talking. But cops
also have their own bag of tricks so
they can start searching your property.
Perhaps the most common way for cops to
get you to consent to search is to make
the most casual request of saying, "Mind
if I take a look?" And of course, they
won't tell you you have a right to say
no. Schnikloth versus Booamonte in
United States versus Drayton both held
that voluntary consent is a valid
exception to the warrant requirement and
police are not required to advise people
that they may refuse consent. And once
you consent, you lose the ability to
challenge that consent later in court.
Which is precisely why it's so important
that when cops start that small talk and
they ask questions like, "Mind if I take
a look?" You look at the officer and you
say, "Officer, I do not consent to any
searches." And remember, if cops don't
have a warrant, you always have a right
to refuse any search. And some people
only learn this the hard way. In 2018,
an Arizona woman consented to a search
during a traffic stop, and the cops
found 55 lbs of marijuana in her trunk.
Because she consented to that search,
that evidence could now be used against
her in court. But cops don't always ask,
sometimes they give orders and stare
back at you. Statements like, "Pop the
trunk." This sounds like a command you
can't refuse, but that would be another
one of their tricks. They are often
trained to speak with authority to
trigger your compliance. They are hoping
to make it seem as though you don't have
any choice or to just agree to what
they're demanding without even thinking.
And if you go ahead and comply
voluntarily, you can count on the police
framing it as consent even if you felt
pressured. Again, look right at the
officer. And I know it may feel hard to
do so, but look at the officer and say,
"Officer, I do not consent to a search."
But what if the cop doubles down, looks
back at you, and now he claims, "I think
I smell weed or a little alcohol in the
car." Watch out. This is just another
one of their tricks to pressure you into
consent to search. In the past, courts
have treated odors as a basis for
probable cause. But that standard has
now changed in many states. The various
levels of legalization for marijuana in
different states have changed whether or
not odor can be used as a basis to get
into your vehicle in search. For
example, the Illinois Supreme Court has
said that the smell of marijuana alone
is not enough for probable cause to
search a vehicle since cannabis
possession can be lawful and odor
doesn't automatically imply a crime. But
either way, it's not worth it to argue
with the cops here. If the cops want to
search you or your car based on odor
alone, you just stand firm on your
rights and you say, "Officer, I do not
consent to a search." Which leads us to
the next trick cops love to use. If you
don't comply with what they want,
they'll now threaten you that they're
going to get a warrant. Sometimes this
is a bluff. Sometimes they think they
can build probable cause. But either
way, it's another trick meant to make
you give up without forcing them to meet
their legal standards. If the cops stare
at you and threaten you with a warrant,
just look right back at them and say,
"Officer, I do not consent to a search."
But what if cops then suddenly claim
they already have a warrant and it's
going to go harder for you if you don't
cooperate? Well, watch out for this
trick because according to Bumper versus
North Carolina, consent is not voluntary
when it is given only after officers
claim they already have a warrant. At
this point, it is effectively submission
to authority, not consent. This is the
one warrant bluff line that courts take
very seriously. But those are tricks
cops use to search your vehicle. Now,
what if they want to patch you down for
weapons? Do they really need a warrant
for that? This is where cops will ask
you in advance if they can patch you
down for weapons for their own safety
sake. Under the Supreme Court case of
Terry versus Ohio, a police officer can
briefly stop someone on reasonable
suspicion and frisk for weapons only if
they reasonably believe the person may
be armed and dangerous. But what if the
cops feel something else other than a
weapon? Under the plain of view doctrine
in Terry versus Ohio, cops could still
seize any other illegal contraband, only
if it's immediately apparent that it's
illegal. But here's the trick. Cops are
always going to ask you for your consent
because they're afraid they may not be
able to navigate the legal minefield of
establishing they have the legal basis
to patch you down for weapons. So, if
you consent, you lower your ability to
challenge that stop later and you've
fallen for another trick. So, while you
may not be able to prevent the officer
from performing the pat down search on
you, you can always make it clear where
you stand and stand up for your legal
rights by refusing consent to that
search. Simply say, "I refuse consent to
a search." And remember, this legal
standard only allows them to do a pat
down of your outer clothing. And if they
go deeper than your outer clothing, you
now have a legal challenge in court. So,
what if you don't fall for any of these
police tricks and now all of a sudden
the cops claim, "Since you're not
cooperating, we're bringing a K-9 out to
sniff around your car." Most courts have
ruled that a well-trained narcotics dog,
sniffing around a car during a lawful
traffic stop doesn't technically count
as a search. However, in the 2015 United
States Supreme Court case of Rodriguez
versus United States, the Supreme Court
ruled that cops cannot extend a traffic
stop just to make you wait around for a
drug dog to show up. In other words,
they can't drag their feet to make you
wait around for a drug dog to show up
when they don't have reasonable
suspicion you've committed a crime. But
this doesn't stop cops from using some
of their triedand-true tricks to keep
you waiting around so that they can
justify having the K-9 come out. tricks
like doing a slow walk routine around
your car looking for any type of
equipment malfunctions. Or maybe they
decided they want to keep you standing
around asking you a bunch of irrelevant
questions. Finally, another great trick
they use is they'll claim they're still
working to stop and looking into a few
things while they wait for the K9 to
show up. If you feel like this is
happening, remember you have a
constitutional right to not answer any
questions. You have a right to exercise
your right to an attorney. You also have
your right to ask the officer, "Officer,
am I being detained or am I free to
leave?" This is really critical when it
comes to drug dog searches because now
you're creating a record and making it
crystal clear you're not consenting to
sitting around waiting and you've
started that clock of unreasonable time
that's lapsing by when cops don't let
you go. So, what if the cops now realize
you're not going to fall for the drug
dog trick, but they look over and see
that you're holding a phone? And they
may ask you the question, "Mind if I
take a look at your phone real quick?"
According to the Supreme Court case of
Riley versus California, the court ruled
specifically police need a search
warrant in order to search the digital
contents of your phone because the court
said our cell phones inherently have a
unique privacy interest because of all
the data and all the important documents
and information we keep on our phone.
But this doesn't stop cops from using
that old trick that they love to use by
asking, "Hey, listen. If you'll just
unlock your phone, I'll take a look so
we can clear all this up and have you on
your way." But in reality, cops are
hoping you'll just unlock it because you
will have now given them what they would
normally have needed a warrant for.
Never unlock your phone in front of a
police officer without a lawyer. And
equally more important, don't use
biometrics on your phone. Courts have
ruled that cops can literally force your
finger or your face in front of that
computer or onto the actual screen. And
if that will unlock the phone, there is
no fifth amendment right to protect cops
from using something physical to gain
access to the phone. So don't use any of
these. And don't unlock the phone in
front of a cop. But tricks don't just
happen on the roadside. Cops have a
handful of tricks they love to use when
they come to your front door. The number
one classic trick cops are trained to
use when they want to get inside your
home is to come by, knock on that front
door, and just say, "Hello, sir. We're
going around asking a few questions
about some things that we heard about
going on in the neighborhood and we just
wanted to talk for a minute. This is
known as the old-fashioned knock and
talk. The Supreme Court case of Florida
versus Jardines explains that police
officers generally have an implied
license to approach a home's front door,
knock and attempt a conversation. But
that same case of Jardines ruled that if
police officers were to bring a drug dog
into walking around your front door
smelling to see what's going on, that
would be considered a search. and they
must have a warrant. Under the Fourth
Amendment, you have no responsibility
whatsoever to ever open that front door
when a police officer comes and knocks
on your door. You legally have a right
to completely ignore that police officer
at the front door unless they claim they
have a warrant. Your house is your
castle and you don't have to answer the
door. If they have a warrant, they can
prove it to you by showing it there at a
window and make making sure you see it
that it's signed by a judge and it's a
valid warrant. If they don't have a
warrant, you can literally keep the door
shut, ignore them, and not say a word.
So, what if the old knock and talk
doesn't work, and instead of saying they
want to come in and talk, they decide,
"Don't worry, we're just going to look
around." This brings us to your Fourth
Amendment right that cops do not have a
legal right to walk around what's known
as the curtilage of your home to just
snoop around and see whatever they can
find. The Supreme Court case of Payton
versus New York says that cops must have
a warrant in order to enter into your
home and look around. And they also must
have a warrant if they want to search
around the curtilage of your home,
meaning the area uniquely and exactly
precisely around the outside of your
home. So, they can't just go into your
backyard and do whatever they want to
do. They've got to have a warrant. So,
the trick here, saying, "Oh, we're just
going to look around," is a way to get
your attention and hopefully get you to
come outside so now they can confront
you. It's essentially a sneaky way to
try to see if they can get your consent
to do something they otherwise couldn't
do. What do we say here? We stay inside
our home. We talk through the door and
say, "Officer, I do not consent to a
search. Do you have a warrant?" So, what
if they don't have a warrant, but now
all of a sudden they claim they're there
for a welfare check? They're there to
check on your safety. This is known as a
welfare check. But the Supreme Court
ruled in Kigula versus Stro that police
using this community caretaking
justification doesn't work in order for
them to get into your home unless they
use the emergency aid doctrine. Which
means now if cops claim that, oh my
goodness, I think this person's suicidal
or there's some problem here. They they
can now use this doctrine under the
Supreme Court law to allow them to get
into your home without a warrant and
then seek that legal justification after
the fact. So, how do you stop cops from
using this trick against you? go to your
door, but keep the door shut. If you can
pull back a window and show the officer,
"Officer, I am perfectly fine. There is
nothing for you to check on. I am not in
harm's way. I do not consent to search."
And leave it at that. But what if you do
everything right and lock down your
constitutional rights inside your home?
And then you're out in public walking
around and the cops walk up and say,
"Hey, hey, you're not under arrest. We
just want to talk." This is one of the
areas I see many people fold like a
cheap tent. A common misconception I see
people have is that because an officer
walked up and had what was known as a
consensual encounter that hey, he didn't
read me my rights, so this isn't really
an interrogation and they can't use what
I say against me. That's completely
wrong. Any statement you make during a
consensual encounter with a cop can be
used against you and is absolutely
admissible in court. It's only when
you're in custody and detained and under
interrogation do cops have an obligation
to read you your Miranda rights. But
cops, they don't expect you to know
that. So they treat it as a nice little
consensual encounter, hoping you'll
volunteer information and they can twist
and turn it and manipulate it into
something that now could land you behind
bars. So you choose to do the right
thing. You look at that officer and you
say, "Officer, I exercise my right to
remain silent and I will not answer any
questions unless my attorney is
present." That's when cops pull the next
trick out of their tool belt where they
look at you and they say, "Well, listen.
We're going to just continue to find you
and approach you about this. If you'll
just come down to the station, we can
clear everything up. Going down to the
station to clear things up is one of the
most dangerous things you can do. In
fact, clear things up is essentially
code for we believe you've done
something wrong and we're putting you in
a room and you're going to be
outnumbered and outspoken to and out
interrogated and we're planning on
getting evidence out of you. Even if
you're in a situation where you can't
leave and they're asking you questions,
you can always memorize these words. I
exercise my right to remain silent and I
will not answer a question unless my
attorney is present. But remember, if
you're going to stand up for your rights
and you're going to exercise your
rights, none of it will matter if you
don't verbalize your rights. In the
Supreme Court case of Bergus versus
Tomkins, the Supreme Court says that
your right to remain silent only works
if you unambiguously invoke your right
to remain silent. So if you choose to
remain silent, that silence can actually
be used against you. And to make matters
worse, in Davis versus United States,
the Supreme Court said that cops can
continue to interrogate you and they
don't have to stop unless you
unambiguously say you want a lawyer. So,
you must plainly state that you want
your lawyer and then stop talking. Never
say, "I think I might need a lawyer or
maybe I should consider a lawyer." That
won't work. You have to say very
clearly, "Officer, I exercise my right
to remain silent, I will not speak
unless I have my lawyer present." And
remember, even after you invoked your
right to a lawyer, if you keep talking,
those words can still be used against
you, too. So, stop talking. There is no
such thing as being off the record. But
even if you do exercise your right to
remain silent here, you still got to
watch out for the good cop bad cop
trick. We've all seen it on TV. The bad
cop comes in and threatens you with the
worst case scenario and claims you're
going to get the book thrown at you.
Then the good cop magically walks in,
says he's your best friend, and he wants
to protect you from the bad cop. This
trick is very effective because it makes
you feel like you have a friend in the
room, and you're a little afraid of the
boogeyman who wants to throw the book at
you. But remember, this is a trick, and
these two cops are working together. Why
are they allowed to do this? Well, under
the Supreme Court case of Colorado
versus Connelly, the Supreme Court
emphasized that in order for a
confession to be deemed involuntary
under due process, there generally must
be coercive political activity that
overbears the will of the suspect. This
means courts say they'll allow as much
manipulation as possible by the police
and deem it to be legal as long as it
doesn't bleed over into the realm of
coercion. Which brings me to the most
common trick and the trick I speak about
on this channel all the time. Cops are
legally allowed to lie to you. If you
lie to the cops, you can be charged with
false report to a peace officer. But
cops can lie to you all the time. They
can claim they found your fingerprints
at the scene. They can turn around and
say, "We already know your best buddy
over here, he already told us you did
it." In fact, Ted Bradford of Washington
State sat in prison for over a decade
after confessing to a crime he didn't
commit because police had lied to him.
They claimed they had DNA evidence when
they didn't, and that scared Ted, so he
admitted to something he didn't do. The
most common example of this is you may
try to explain away evidence that wasn't
even real. For example, maybe you were
at the scene earlier in the day, and
then cops claim that they have your
fingerprints there, which might exist,
but now you're trying to explain all
these reasons why they may have your
fingerprints to begin with, which now
what do you do? You put yourself at the
scene. You become a suspect. Cops use
lies because they know it leads to
people talking, which then can be used
as evidence against them in court. And
one of their favorite lies they love to
use is to make false promises to you.
Cops love to extend interrogations for
hours, sometimes days, and then promise
you relief if you'll just start talking
to them and tell them what they want.
Many cops are notorious for promising
juveniles and younger suspects the
opportunity to just go home if they'll
tell them what they want to hear. Never
believe a single promise a cop makes to
you. They're not lawyers. They're not
the judge. And they're certainly not
prosecutors. So, why do cops use these
tricks? Because cops know they can use
your normal human behavior to manipulate
you into doing what they want. They rely
on their authority and your desire to be
polite, helpful, and cooperative.
They've been trained to get information
out of you without even realizing you're
giving it. And cops love to use the
common phrase that if you're innocent,
you have nothing to hide. And innocent
people always tell everything when asked
by cops. I mean, after all, it's only
the guilty people that stay quiet or
push back. But thankfully, the United
States Constitution says standing up for
your rights doesn't make you guilty. In
fact, our Constitution says that
assuming the police are on your side
probably makes you a lot more
vulnerable. In reality, the police's job
is not just to protect and serve. It is
their job to try to gather evidence and
point a finger. The safest move you can
always make and the magic word you
should always say is, "Officer, I
exercise my right to remain silent. I do
not consent to searches and I will not
answer questions unless my attorney is
present." Speaking of tricks, do you
know cops have a whole new bag of tricks
if they pull you over and suspect you of
DWI? Check out this next video where I
break down five favorite tricks cops
love to use during DWI stops and what
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