0:02 Imagine you are driving home and then
0:03 all of a sudden you see red and blue
0:06 lights behind you. You get lit up. You
0:09 pull over, but it's not local police at
0:12 your window. It's ice. Your heart rate
0:15 spikes. Your brain goes blank. And
0:17 that's exactly when people make the five
0:19 mistakes that turn a we'll see situation
0:22 into a nightmare. In this video, I'm
0:23 giving you the five traps ICE is
0:26 counting on and the exact words to say
0:29 so you don't accidentally talk your way
0:31 into handcuffs. And yes, the last trap
0:33 is the one people mess up all the time,
0:35 even when they think they're doing
0:37 everything right. Hi, I'm Mark Lopez,
0:38 criminal defense attorney, and we're
0:40 going to jump right in. So, let's go.
0:43 Trap number one, the roadside debate.
0:46 Here's the first trap. Arguing on the
0:49 side of the road. People want to argue.
0:51 your racial profiling. You can't stop
0:53 me. You don't have the authority to do
0:56 this. This is illegal. Listen, whatever
0:59 is true or not true, the roadside is not
1:00 court. You are not going to
1:02 cross-examine anybody on the asphalt.
1:05 And here is the psychological reality.
1:07 Once conflict starts, the stop
1:09 escalates. The officer's brain flips
1:12 into control plus safety mode. And now
1:15 everything you do looks suspicious. Your
1:18 tone becomes the story. So, what do you
1:21 do instead? You control your body. You
1:23 have a calm voice. Keep your hands
1:26 visible. Keep your words minimal. You're
1:29 not agreeing. You are surviving the
1:31 encounter and saving the fight for
1:33 later. Say this officer. I'm going to
1:36 comply with lawful instructions, but I'm
1:37 not going to be answering questions.
1:40 That's it. Now, if you're driving in
1:42 most places, you're expected to provide
1:44 your driver's license and ID as part of
1:47 the stop. Don't turn a simple moment
1:49 into an extra charge. If you're the
1:51 passenger, the rules can be different
1:53 depending on your state, but generally
1:55 you have no duty to provide your
1:57 identification. Don't have to answer any
2:00 questions. Now, everyone in the car has
2:01 to stay in the vehicle because the law
2:03 is clear once you're a traffic stop,
2:05 everyone in the vehicle is seized. So,
2:07 passengers can't just hop out and walk
2:09 away casually. That's not going to fly.
2:12 But do not argue, don't lecture, don't
2:14 try to win the internet at the curb.
2:18 Trap number two, small talk and the bad
2:20 attitude bait. Trap number two is a
2:23 friendly voice with a fishing pole.
2:25 Where are you coming from? Where are you
2:27 going? Who's the car belong to? Anything
2:29 in the vehicle I should know about?
2:31 Where were you born? What's your legal status?
2:33 status?
2:36 People answer because it feels normal.
2:38 Because silence sometimes feels rude.
2:40 Because we're trained by society to
2:42 explain ourselves when someone in
2:44 authority asks a question. But officers
2:47 ask small talk questions for three
2:49 reasons. Number one, they get
2:51 inconsistent statements. Nervous people
2:54 misspeak. It's part of our brain. We're
2:55 nervous. We're not thinking clearly.
2:56 We're having problems with linear
2:58 thought. And we'll make statements
3:00 sometimes don't make sense. And officers
3:03 will seize on those inconsistencies.
3:05 Number two, this is a big one for ICE
3:08 agents, to get admissions. I was not
3:11 born here, but I whatever. They're
3:13 trying to get admissions. And that can
3:15 even go to anything. I only had one
3:17 beer. I was just at the barber. I'm
3:19 leaving. Don't make admissions. Don't do
3:21 that. Number three, to stretch time
3:23 while the officers decide what to do
3:25 next. Whether to get more police
3:27 involved, whether to get a drug dog at
3:29 the scene, but they'll ask these
3:32 questions to expand on the stop. We
3:33 don't want to expand on the stop. We
3:35 want the stop be over with as soon as
3:37 possible. So, here is your weapon. You
3:39 are going to be the broken record. Say
3:43 this calmly and politely, "Officer, I'm
3:45 exercising my right to remain silent.
3:46 I'm not answering questions." Or you
3:48 could just say, "I plead the fifth."
3:50 Short and sweet. I love I plead the
3:52 fifth. And what happens when the officer
3:55 asks again? The same sentence again. I'm
3:56 exercising right to remain silent. I
3:58 will not be answering any questions. Or
3:59 I plead the fifth. Now, I'm not going to
4:01 lie. Most officers get irritated. Now,
4:03 the good ones don't because they
4:05 recognize what's going on. But the bad
4:06 ones, the ones you got to watch out for.
4:08 They'll get irritated and they'll start
4:09 to bait you emotionally. So, you're
4:11 refusing to cooperate. You're going to
4:12 make this harder than it has to be. And
4:14 I've seen officers put their hand
4:16 towards their firearm when they say
4:17 these things, try to intimidate a little
4:19 extra. Or they'll say the classic, "Only
4:21 guilty people won't answer questions."
4:23 That's not legal arguments. Those are
4:25 psychological pressure tests. Your job
4:29 is to not take the bait. Say this. I
4:32 plead the fifth. That's it. I plead the
4:34 fifth. is such a powerful statement.
4:35 It's short and it's sweet. And don't get
4:37 caught up with internet nonsense.
4:38 Technically, you have to say, "I invoke
4:40 the fifth amendment of United States
4:42 Constitution." Stop. I believe the
4:45 fifth. That's good. It's solid. And for
4:48 immigration encounter specifically, you
4:50 do not need to discuss your citizenship
4:52 or immigration status with immigration
4:55 officers. You just don't. And remember,
4:58 anything you say to law enforcement,
4:59 including ICE, can and will be used
5:01 against you later. Again, there are some
5:03 exceptions. If you're driving, you do
5:04 have to provide a driver's license, but
5:06 if you're a passenger, you likely do
5:09 not. So, don't be volunteering things.
5:12 Trap number three, the tricky consent
5:14 trap. Trap number three is when they try
5:16 to get permission to search without you
5:18 realizing you gave it. They'll say
5:20 things like, "You wouldn't mind if I
5:22 take a quick look, right? So, you're
5:24 okay with me checking the car, right?"
5:26 Or, "If you got nothing to hide, you
5:28 wouldn't mind a quick search." Here's
5:31 the issue. People answer sloppy. You
5:33 wouldn't mind, right? No, officer.
5:36 Great. Step out of the car. Or, you
5:39 wouldn't mind, right? Yes, officer.
5:42 Cool. Thanks. They start searching. So,
5:43 we're not going to give them a chance to
5:45 misinterpret a sloppy answer. We're not
5:47 going to answer yes or no to those
5:49 questions. You are going to respond in a
5:50 sentence that cannot be twisted. I do
5:53 not consent to searches. Done. How
5:55 beautiful that is. There's no way anyone
5:57 can misinterpret that. So, you're not
5:59 going to say, "I'd rather you didn't."
6:00 You're not going to say, "Do you have a
6:02 warrant?" You're not going to say,
6:04 "Why?" Just I do not consent to
6:05 searches. Now, there is an important
6:08 followup to this question. If they're
6:09 asking for permission to search, it's
6:11 reasonable to assume the reason why
6:12 they're doing the traffic stop is over.
6:14 It may not be true, but it's reasonable
6:17 to think that. So, you want to follow up
6:19 with I do not consent to searches with,
6:22 "Am I free to leave?" that lets the
6:25 officer know that you want to leave and
6:27 you're trying to build a defense if they
6:29 try to prolong the stop any longer than
6:31 necessary get the original purpose of
6:32 the stop. You don't want them to bring a
6:35 drug dog tearing up your vehicle. Even
6:36 if you have nothing to hide, do you
6:38 really want a dog tearing up your
6:39 vehicle and they find nothing's in
6:41 there? Hey, okay, get on out of here.
6:43 Sorry, the dog chewed up everything and
6:44 all your possessions are on the side of
6:46 the road. You don't want them to prolong
6:47 the traffic stop. So again, I don't
6:50 consent to searches and am I free to go?
6:51 And if they keep asking questions, you
6:52 keep repeating those same statements
6:55 like a broken record. Trap number four,
6:57 officer safety and the movement
6:59 mistakes. Trap number four is movement
7:02 because movement creates fear and fear
7:04 creates justification. Here's what you
7:06 do like it's a checklist. Keep your
7:09 hands visible, slow motions in the
7:12 vehicle, and narrate your actions.
7:13 You're going to say things like, "My
7:15 registration is in the glove box. I'm
7:17 going to reach for it now."
7:20 And do that. Now, if there's anything
7:21 complicated about where your documents
7:23 are, such as perhaps your registration
7:26 is in the glove box with a firearm,
7:28 well, if an officer sees a firearm and
7:29 you're reaching towards an area, things
7:32 could go bad really fast for you. So, if
7:35 that is the case, you'd want to talk to
7:37 the officer. Officer, my documents you
7:40 requested are in the glove box. I have a
7:42 licensed firearm in the glove box. How
7:44 do you want me to proceed, officer? I
7:46 will give you one tip, though. I would
7:49 never touch a firearm in the presence of
7:50 a police officer. I never would. Even if
7:52 the officer tells you to do that, I
7:53 wouldn't do it. Officer, you can get it.
7:55 I ain't going to touch it because if you
7:57 touch a firearm in the presence of an
7:59 officer, almost anything the officer
8:01 does in response to that is going to be
8:02 legal and justified. That's a sad truth
8:04 we're dealing with. Don't touch firearms
8:06 in front of police officers. Don't do
8:07 it. Ask them to get it. Well, Mark, I
8:08 don't want the officer in my car
8:10 touching them. It's better that you are
8:12 still alive and them touching your
8:13 [clears throat] things as opposed to
8:15 none alive and them not touching your
8:17 things. So, please keep that in mind.
8:19 Now, I got to tell you something. A lot
8:21 of people do not like hearing this next
8:23 part. But I got to say it. Number one,
8:24 if you are ordered out of your vehicle
8:26 by a police officer, you have to get
8:28 out. But Mark, they have to say there's
8:29 a reasonable justification for the sake.
8:30 Stop. They have to give the
8:31 justification afterwards. They don't
8:33 really have to tell you at the time. If
8:34 you do not get out of a car when an
8:36 officer tells you to get out of the car,
8:38 they're within the right to drag you out
8:39 of the car and then look the judge and
8:41 jury in the eye later on and say,
8:43 "Officer safety." And the judge is going
8:46 to say, "Mark, officer safety. What else
8:48 could he have done?" Please, if you in
8:49 order to get out of the car, you have to
8:51 get out of the car. And that applies to
8:53 passengers as well. Sometimes passengers
8:54 don't like hearing that. That is the
8:57 law. Number two, again, if you're a
8:59 passenger in a car that's been pulled
9:00 over, you cannot just get up and walk
9:02 away. You are seized and you have to
9:04 stay there. I get cases every year
9:06 passengers try to walk away. I didn't do
9:07 anything wrong. Ain't got no reason to
9:10 stop me. You are seized under the law.
9:12 Can't just walk away. You don't have to
9:14 answer questions and you most likely do
9:16 not have to provide ID. Keep that in
9:17 mind. Bottom line is you do not want to
9:19 be the person that turns a tense stop
9:21 into a chaotic one by doing surprise
9:22 movements. And don't start rummaging
9:23 through your documents when you get
9:25 pulled over. Don't film in a way that
9:26 looks aggressive. I encourage everyone
9:29 to film police encounters, but do it in
9:30 a way that doesn't make the officer feel
9:31 threatened as he approaches the car
9:33 because again, that will not end well
9:35 for you. Control your body, control your
9:37 tone, and you can control the outcome.
9:39 Trap number five, silence is not enough
9:42 less you invoke it. This is the track
9:44 that wrecks people. They think, "I'll
9:45 just shut up." But in certain
9:47 situations, courts have said you need to
9:49 clearly invoke your rights. You cannot
9:51 always just rely on sitting there in
9:53 silence. There are Supreme Court case
9:56 discussing unambiguous invocation of the
9:57 right to remain silent and how silence
9:59 can be handled differently depending on
10:01 whether you're in custody or whether you
10:02 clearly invoke the fifth. So, don't try
10:04 to be cute. Don't try to draw nuances.
10:06 Don't be vague. Say it out loud. I
10:10 played the fifth. I want a lawyer. Am I
10:12 free to leave? These are rights that you
10:14 have that you say them out loud. You put
10:16 the officer on notice, you know that he
10:18 should know your constitutional rights
10:20 and it makes things so much better. And
10:21 especially when you hear those phrases
10:24 on body cams or even your own camera,
10:25 you're recording. So if you only
10:27 remember two sentences, remember these
10:29 two. I plead the fifth. I don't consent
10:31 to searches. Mean, that's amazing. Those
10:33 two sentences are so powerful. Now, if
10:34 you have found this video interesting,
10:38 we have another video on what to do when
10:41 ice is at your door. I encourage you to
10:44 watch that video. It's very helpful. I
10:46 think it's awesome. Little bias, though.
10:47 You know, I made it myself. Now, in
10:50 closing, here are the five traps ICE is
10:52 counting on. The roadside debate trap.
10:53 Don't argue, don't fall for it. Number
10:56 two, the small talk trap. You want to be
10:58 a broken record. I played the fifth.
11:00 Number three, the consent trap. You are
11:02 going to say, "I do not consent to
11:04 searches." Number four, the movement
11:06 trap. Keep your hands visible. Narrate.
11:08 Comply with exit orders. Number five,
11:10 the silence trap. Don't just be quiet.
11:12 Audly say, "I played the fifth." If
11:14 you've watched this long, you must like
11:15 me a little bit. I encourage you to like
11:17 this video and subscribe to my channel.
11:19 I sure would appreciate it. Leave a
11:20 comment. Your comment can even be a
11:22 little mean. I'm a big boy. I can handle
11:24 it. I really can. But I like nice
11:25 comments, too. I read them almost every
11:27 morning. Maybe a couple times throughout
11:28 the day. I can't respond to every
11:30 comment. I'm busy. But I'll do my
11:32 absolute best to respond to a lot of
11:34 them. Right. If you or a loved one are
11:35 facing charge in the great state of
11:37 Indiana, give me and my team a call. We
11:38 would love to discuss your options. And
11:41 most importantly, I encourage everyone
