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