Traffic Stop Rules vs Rights – Houston Video



Having seen a number of videos where Citizens end up physically extracted from their cars for non compliance-I thought I would go over what your required to do vs desired to do during a traffic stop.
You should always keep your contact as brief as possible-do not answer questions or consent to anything. If the Police search your car-that’s on them. Later,in Court-anything they found may be deemed inadmissible IF THE SEARCH WAS NOT AUTHORIZED OR JUSTIFIABLE. You fight the Police in Court not on the street.
NOTE:this is not legal advice and laws vary from state to state. Know the laws in your state and that includes the ID statutes.

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49 Comments - Write a Comment

  1. If you are at the San Antonio Municipal court, it will definitely get you beat up!! Lol

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  2. Hey Brother … Hope you got that coffee … 🙂 Have a great day my Brother … Scrappy

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  3. Dave, you are right and then you are wrong. Texas law, you yourself said the magic word, "motor vehicle" you must show your ID but see I for one are not driving a "motor vehicle" I travel in a car for personal use. Definition of a motor vehicle is for commercial use ONLY. READ THE LAW. AND DEFINITIONS. Yes you are in a custodial arrest, but that in itself does not mean you give up your rights. One has to be already under arrest for a different action for you to ID oneself.

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  4. I"m a service dog specialist. I can quote you the service dog laws off the top of my head at a moments notice. In the event of a confrontation I am able to manuever around those laws as easy as I manuever around my kitchen because I know them so dang well. I am to the point that if I want the other side to admit to something often I can because I have great experience with how these things go down and the common things they say and do. This took several years under a national ADA advocate and many years of experience actually seeing how this all works in the real world and what you can do about it after it is over. It didn't just happen overnight that I was able to navigate these things professionally.

    I think auditing is the same. First you have to throw yourself into learning all the laws you might commonly be dealing with so you can recite them off the top of your head at a moments notice…but knowing the laws and dealing with them in the real world can be two very different things. For that reason I think a person should "apprentice" with another experienced auditor for awhile if and when possible until they get a good level of experience with how these things go down and get a sense of how bad, bad can get.

    I thought I wanted to be an auditor….well I have nearly no extra money (not going to be able to have bail money and surely can't afford to pay a lawyer though I have experience fighting in court for smaller stuff on my own and winning) that's a problem, and I use a legitimate service dog as I go around the world. Now you're dealing with everything else PLUS how the dog is going to play into it…tell you what, when they can't get your ID some of them would be bright enough to think to demand to see the dog's licence (which of course has all your info on a computer somewhere). The way they shoot dogs nowadays you have to worry about that too should your dog, even if well trained, have an off day and approaches an officer to say hi- on some of these deals they are already irrationally cautious and fearful already – add a big rotty into that one and it could be a disaster. Or they might try to confiscate your dog for some trumped up reason. Another layer of difficulty and laws you have to be on top of.

    So…anyway…I think I've about decided not to be an on purpose auditor and stay on the side lines for the most part making phone calls and emails and mirroring stuff. However, I STILL want to learn the auditor stuff for my own safety like I know the service dog laws. I often video my dog or others dogs in public and I AM the type to stop and video a cop dealing with someone else if I feel like they might need the protection. I won't go looking for this on purpose as a planned event, but if I am just legally going about my business and it comes to me….I want to know enough to protect my fanny and that of those that might be with me as much as possible without having our rights taken and abused.

    I don't think a smart person JUST goes out and audits…there is much to think about, learn and plan for in advance if a person is going to be effective and not get themselves into a bucketload of trouble. If you are going to play with fire….at least make sure you have good oven mitts on first.

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  5. This video will no doubt save life’s!

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  6. one reason the odor escapes from vehicles with the windows up is the fact that cars have vents built into car in various spots, just imagine trying to close a door without these, they are like check valves designed to let air purge from the cabin, lets say you have youre air conditioning on how could the air come in the cabin without being purged somewhere

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  7. Mims v Pennsylvania is a good case law about stepping outside your car.

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  8. Yes David when an officer tells you that exit the vehicle you must exit however you have the right to carry your keys with you and to lock the door roll up the window this would prevent the officer from searching it without probable cause

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  9. LOL TxSheepdog Did you Hear NNH ? Be Careful What you Say And DO , LMDO naaaa Give them a FU for me Dude you Rock , Dave ty for the info keep up the good work

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  10. Hope Johnny five o watched this

    Dude is probably the most arrogant ass out there. Not a good look for you guys

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  11. So if you're underarrest on a traffic stop, how come they don't read the miranda Rights when they first approach?

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  12. A smart citizen is going to know that when you're dealing with a terrorist,it's best to comply.They will kill or cage you.document with video and ask questions,but realize they can kill you without penalty.

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  13. If you are under arrest when you are stopped why can't the cops search every vehicle they pull over,your permission to search is required unless the driver is arrested, so in reality you aren't under arrest when stopped or they could search every vehicle without your consent.

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  14. Great video and information, thank you, stay safe

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  15. What if you were sitting in the driver seat and parked somewhere, does all that applied?

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  16. you can be right, and still loose the game

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  17. A good informative video, cudos

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  18. So basically David your are saying stay calm, cooperate with in your rights, use good judgement and respect. Appreciate what you do – keep up the good work and thanks.

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  19. I agree-the law, whats right, and what is proper takes a backseat when a cop feels his God-like power is challenged.

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  20. You are of course correct, but we're all a little better off when we're armed with a legal basis for our views and factual assertions. Pennsylvania v. Mimms (1977) is an oft-cited U.S. Supreme Court case describing the legal rationale and justification for pulling drivers and passengers out of vehicles.

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  21. "Citizens may resist UNLAWFUL arrest to the point of taking the officer's LIFE if necessary" PLUMMER V STATE. UPHELD IN SUPREME COURT IN John Bad Elk V. U.S., 177 U.S. 529.
    Several other cases Uphold this. So if you are being "arrested UNLAWFULLY you have a Right to Resist.

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  22. Pastor Stephen Anderson from Tempe Arizona was extracted from his vehicle and didn't allow his passengers to to extracted. Varies from state to state.

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  23. Hey David have you researched the law about NOT needing a license to drive unless you make money by driving such as a taxi driver, uber, truck driver, etcetera? I've seen several videos of people saying you don't need a license or state issue tags. That the supreme court says driving is a right not a privilege. I know in several states if you are farming and using a tractor trailer you do NOT have to have a CDL just the knowledge of how to operate the vehicle safely. I need to research it but was just wondering if you had any knowledge if it's true or not. Enjoy your videos and love my News Now Houston shirt. Thanks for educating the public employees on the law of the land. Be safe!

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  24. Wow, David. I have to tell you from a LE standpoint you are SPOT ON with that summation. Every travelling motorist needs to see this. You should have gone to law school. Keep up the good work, I enjoy watching your videos and love it when I see a new one get posted. Be safe brother.

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  25. Pennsylvania v. Mimms and Maryland v. Wilson is the case law for extracting drivers and passengers, respectively, during traffic stops. Just in case anyone wants to read further. I think the rulings said that it was not a violation of the 4th amendment to pat down the driver for weapons, but I don't believe the same ruling was made in the latter case for passengers (which makes sense, since the driver is technically under custodial arrest but the passenger is not).

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  26. Thanks for the great video! In Texas you're actually under custodial arrest under the Texas criminal code because there's no provisions under the Texas Transportation code for your "arrest".

    Given that you've been arrested under the criminal code, how many cops have ever read you your rights prior to asking their stupid questions? Where are you coming from? Where are you going? Where do you work? What do you do? What's your phone number? Do you know why I pulled you over? (The questions are not in any particular order.) My guess is no cops in the history of Texas law enforcement has ever done that.

    Anyway, I really like these videos where you discuss and explain the law. I'd love to see videos on how you find where property lines are and where public easements are. You often refer to survey data but I have no idea where to find official maps which show that data. It would be nice to know.

    (Disclaimer: I know you're not a lawyer nor is this legal advice. It's 100% on me to research the law and consult a professional lawyer for legal advice. Blah, blah, blah, yadda, yadda, yadda …) Keep up the good work.

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  27. They may extract you but it doesn't mean they're doing it lawfully. Lots of departments have lost civil suits for extracting people from vehicles. Likewise, CBP can ask you to get out of your vehicle, but you don't have to nor do you have to show ID. Put cameras in your vehicle and document everything for your safety.

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  28. thanks for the advice on when you're being stopped by officers and to to get out of the car even if you are a passenger listen up people you are getting free advice…

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  29. If the officer stops you for no reason and crime has been committed to warrant a stop also do you have to produce ID at a DUI checkpoint

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  30. rules are different here in uk/england . police can stop a car anytime under the road traffic act
    without pc but if the offence is a non arrestable i.e seatbelt'speeding' brake light etc
    you do not have to leave your car and the police cannot break in and drag you out.



    of course if you rob a bank or have drugs etc that is different. you will not get shot because uk police are unarmed.

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  31. I don't agree with everything you say and do, but most of it is great. It would sure save a lot of trouble on both sides if everyone followed your advice.

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  32. I just love the information you give. I might live in New Hampshire but you make me research things and that makes me safer..so thank you!💋

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  33. There's a difference between a passenger and a guest in your vehicle. Walking a way would not be reasonable suspicion, as a passenger, running yes. Traffic laws are commerce. The proof in the pudding is the fact that all fines are promissory notes. Notes are commercial papers. All licences granted by government are commerce as well.

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  34. Remember that yout audience is not just USA ppl.. Not universal laws?

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  35. Hey David do you know anything about Dallas Activist? Is he in jail?

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  36. Its a little different in Nevada, here you can get out and walk away if you are the passenger. That's the law. now, in reality if you are not filming the police they will beat your ass and arrest you! ALWAYS FILM THE POLICE!!!

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  37. David, I just wanted to ask if they tell me to get out of my vehicle, what happens if I lock my doors when I get out? Can they search without a warrant just because I'm "defacto arrest"

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  38. Michigan – you must hand over license, vehicle registration and proof of insurance. And if officer ask you to step out of the vehicle you must compile (Michigan law). Passenger has no need to ID. But Passenger needs to exit if asked (told)

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  39. Hey Dave i always enjoy your videos, Audits or informative.
    Just wondering what is your educational background? I know you are former military but i wont ask your MOS but i am curious about your education if you dont mind.
    thanks and if you rather i can email you just let me know your email.

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  40. Its all contracts , soon as you sign your driving licence you've agreed to the rules and laws of the road, which vary from state to state, also birth certificates, your giving up ownership of your children to the state, you can thank us brits for those.

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  41. There are quite a few videos on YouTube about people refusing to exit the vehicle and passengers refusing to ID. While entertaining, many of these people are misinformed, or just plain stupid. Thanks for getting the word out to people who need this information.

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  42. Thanks for the clarification.

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