Tin Foil Hat With Sam Tripoli - #942: Lines in the Sand: Surviving Cops, Stops, and the 2A Battlefield With John Bryan

Starting point is 00:00:00 Hey guys, real quick, this episode's Decade to Fast Eddie, my friend at the comedy store, he was the greatest, worst, Coke dealer of all time. And he's no longer with us. Just two weeks ago, he said, we got to go to Thailand. I go for Lady Boys. He goes, okay. So enjoy the Lady Boys in heaven. Fast Eddie.

Starting point is 00:00:20 You were a great guy with horrible Coke, and we're going to miss you. And you were a big part of the comedy store. And I'm sad to see you pass. I love you, brother. Take care. Enjoy the show. What in the fuck are you guys? What are you guys talking about?

Starting point is 00:00:36 Global control have to be imposed and be created to enforce them. Welcome to tinfoil half. We go deep, home boy. Eric, open your mic. Drink from the fountain of knowledge. There's lizard people everywhere. That's some interdimensional shit. This is only the beginning.

Starting point is 00:01:11 Dude, you just blew my mind. Are you ready to get your mind? All right, welcome to Timphol hat live from the Wise Wolf Golden Silver Studios. Just go to Samtripplea.org, use the promo code Tinfoil, and you two can get in on the Precious Miles game for as little as $50 a month. It's that simple. Precious metals sent right to your house. It's easy, peasy, and we thank you for sponsoring the show.

Starting point is 00:01:34 We're very excited to have this next guest on. we appreciate him as you can tell we're in the uh it's the BS studio now was the old Tim Foll Hat studio and we had a power outage so we had the rush over here and our guest was kind enough to work with us so we appreciate that uh he is a civil rights lawyer he's got a wonderful YouTube channel everybody on the channel loves it on the show loves it and we're very excited to have them please welcome John Brian how are you brother I'm good thanks for having me John, we really do appreciate you. For those who may not be familiar with you,

Starting point is 00:02:11 can tell us a little bit about yourself and where our listeners can find you. Yeah, my name is John Bryan. I am a lawyer practicing out of West Virginia. I've been practicing here in West Virginia for almost 20 years now. I'm originally from Florida, but I really just wanted to live in the mountains of West Virginia. So I've been here ever since then. I've done a lot of criminal defense work.

Starting point is 00:02:41 And then I've done a lot of civil rights work, specifically suing the government over police encounters of various and many different kinds over the years. And I've done that the entire almost 20 years that I've practiced. So that just was sort of a natural segue into being the civil rights lawyer on YouTube because it was all of the kids. cases and videos and experiences that I had doing that sort of work that naturally landed me on YouTube. That's a, I love that. You know, I've been pulled over a lot, unfortunately. I've gotten out, I'm like 17 and 3 in traffic court.

Starting point is 00:03:26 I'm pretty proud of myself. Good job. I just went to traffic court myself in Virginia. Oh, really? You got pulled over? I did. When you rolled down your window where they're like, Yeah, did they know you?

Starting point is 00:03:39 I imagine they must, right? You know, I didn't know at the time. That's always something like I suspect. There was no way of that I know of knowing ahead of time that I would be driving through there. It's theoretically possible. I think it was just, you know, you're driving through Virginia. You already expect to get pulled over anyways. So I'm generally very good about not speeding through Virginia.

Starting point is 00:04:06 You know, I will, I do like to speed, but in Virginia, like, I will not, I will not go, if I'm thinking, as long as I'm thinking about it, like, I won't go over five above. And generally, you're, you're pretty safe at five above. Because people are flying, like, you look at I-81 through Virginia. I mean, people fly. And so generally, you're pretty safe. But this was on I-64, which is, I don't know why they even built an interstate there, because it's like empty, except for all the cops. These Virginia State Troopers are just everywhere on I-64.

Starting point is 00:04:45 And this one was waiting at the bottom of this big-ass mountain. So I didn't have cruise control on. And it was a 70-mile-per-hour zone. And as I'm coming around this curve at the bottom of a hill, I realize I'm going probably too fast. And at the same exact time, I see this cop car sitting there. I look at my spenometer. I had sped up to like 77 miles an hour.

Starting point is 00:05:13 Oh, no. And still I figure like, all right, seven over. It's fine. I still should be good. But here come the lights and he pulls me over. And I mean, it wasn't a big deal. The guy wasn't super nice. Like the time I had gotten pulled over in West Virginia before that,

Starting point is 00:05:32 a year ago maybe, a year and a half ago, maybe two years ago now, a guy was actually super nice. It was a West Virginia State Trooper, and he caused me no problems. Didn't even give me a ticket. He was like way too nice. He was very smiley. And he sent me on my way, and I had been speeding like 12 over or something like that. And so that was a great experience.

Starting point is 00:05:54 But this, you know, this is Virginia, and this guy wasn't friendly at all. I rolled down my window, kept my hands on the steering wheel. I was polite to him. I had my stuff ready because I always make sure that I'm not digging around for my stuff. Like, I don't want him to see anything that's in my glove box or in my center console. Like, I already have that stuff ready so that there's no issues, which I would recommend, highly recommend other people do. And he just wasn't very nice at all. And in fact, he asked me, you know, why were you speeding?

Starting point is 00:06:33 You know, and I just said basically, well, I didn't even realize I was. And that was about it. He came back and he wrote me a ticket. And I look at the ticket and it's for 80, going 80 and a 70. So that was a lie. I know for a fact that the fastest I was going was 77. And so, all right, he, so when I see he's lying, Either he's just doing this with everybody, and he's trying to get them at 10 over instead of their real speed, or he recognizes me, and he's just going to, you know, make it a little bit worse.

Starting point is 00:07:11 I'm not sure which it was, but he lied and said, I went 80. So generally, I had been a traffic prosecutor earlier on in my career in Raleigh, North Carolina, and I had done hundreds, prosecuted hundreds of speeding cases. And I don't think there was a single person who did not get a reduction in their speed at the very least if they just came to court and asked for it. So I, you never just generally want to pay a speeding ticket. So I, I, I showed up in court. And then I get, so I get to court, this is like two weeks ago. And I show up and there's a, there's a ton of people there. It's a pretty small county in Virginia.

Starting point is 00:07:53 Everybody's there on the same court date. And so I sit in the back of the courtroom when it's like my group going in. And this, the judge is running the courtroom as if she was a prosecutor, which is bizarre. But that's how it was. And then she was super nice to everybody. Like there was like teenage girls. Like they come up and she's like, have you had any, you know, other tickets in the past three years? No.

Starting point is 00:08:20 Okay. Here you go. I'm going to dismiss it for you. Or here's this like online class. can take. It's really interesting. And then you'll get it dismissed. No big deal. So everybody's being treated with kid gloves. Super nice to everybody. Then it was my turn. And that was when I realized that they knew who I was. Oh, boy. And they tried, they really tried to screw me. And, you know, they wanted me at 80 miles per hour because at least if I recall correctly from when I was

Starting point is 00:08:55 a prosecutor, if you're going over nine above the speed limit, generally your insurance company will raise your rates. Yeah. And if you haven't had a ticket in the past, this is how it used to be anyways. If you hadn't had a ticket in the past three years, as long as you were less than nine over, then they, you wouldn't get your insurance rates raised. And so it's just like they wanted, you know, they thought that they. And maybe they get more, maybe they have some other incentives in the state of Virginia that I don't know about.

Starting point is 00:09:25 if they get an 80 and a 70, maybe at some sort of quota, maybe there's some larger penalty somewhere. But that's what they were going for. And so I said, Your Honor, I admit that I was speeding. I mean, I was speeding. But I did not go any faster than 77. In fact, I can prove it. And so what I had was my daughter was in the truck with me, and we have this, you know, Life 360 app for my, for my kids.

Starting point is 00:09:55 Now, my son is in his first year of college, and he has turned that thing off. But my daughter still has it on. She's still in high school. And so I look back at the app after he writes me at for going 80, and you can watch on Life 360 your exact route, like down the road. Oh, wow. And watch your exact, like, GPS speed everywhere you go. So I looked back, and it confirmed that at no point did I exceed 77 miles an hour.

Starting point is 00:10:25 And in fact, I was only going 76 at the point that he spotted me. And so I had brought that with me to court. And I let I let this state trooper lie first under oath. He was put under oath. And he said, this is when I realized they knew who I was. Because instead of treating everyone with kid gloves, treating me with the same sort of kid gloves, everyone got, which is just like, we're celebrating, you know, teaching people about the dangers of speeding and promoting this class and everybody's getting their ticket dismissed if they'll take the class.

Starting point is 00:11:04 And I would have taken that option. And I hadn't had a speeding ticket in a long time. But when it was my turn, he starts to lie and say that he's just sitting there, you know, minding his own business and his little speed trap. When all of a sudden, and he brings up when I'm driving. And he's like, and here comes Mr. in a raptor. I mean, he brings up, like, what I was driving.

Starting point is 00:11:29 Oh, man. As if, like, it was a Lamborghini or something. Yeah, yeah, yeah, yeah. And so I'm the only one that got mentioned what I was driving as if it, like, sounded fast to the judge. And she sounded like, she looked like she already knew these facts. And then he made it sound like I was going so fast that he thought it was a public safety emergency.

Starting point is 00:11:51 And, and he had to catch up with me. And I was going so fast. He didn't even know how fast I was going. And so he just reduced it to an 80. I mean, that's basically what he went on and on and said, just lying. Oh, my God. And here I think, like, it's not going to be a big deal. Like, I'm just going to ask for a reduction and get a reduction.

Starting point is 00:12:12 I realize, like, they're trying to screw me. And so that's when I said, well, Your Honor, I can prove that I was not going 80. And I explained the Life 360 thing and threatened. bring it out. And that's when they backed off and the judge said, all right, I'll write you up 77, like get out of here. And that was it. So it's crazy to me because like if you're not an established attorney like yourself, you might not know any of this. And I, I too, even though I'm not an attorney, have cross-examine cops and have them lie right on the stand. And I actually caught one. and it pissed the judge off so bad.

Starting point is 00:12:55 I was on the street in Los Angeles. I talked about this on Broken Sim a long time ago. But I went to go make a turn left, and there was no signage that said they had shut down the street. But when I went to turn, the street was closed down, and traffic was coming at me. So I had to swerve back in, but there was so much traffic coming down my way on the street

Starting point is 00:13:17 that the only spot that was open was the opposite ends turning. left lane. So I went in there and then I'm trying to get in because I live in L.A. No one will let me in. And I see a cop there and I start freaking out. So I just tried to find something. Nobody will let me in. So I went down a little ways and this is what the beautiful Pollyanna was in the car.

Starting point is 00:13:40 I see him and this is how bad traffic was. He had to do like literally a 16 point turn. There was so much trying. He had to go and I'm like, I'm in trouble. So I pull into the post office. and, you know, I go, can I get out of the car because my dog is barking? She's lovable, but she likes to act tough. He goes, no. I go, okay.

Starting point is 00:14:02 And he hands me the ticket. So I run down. Dana was right there because she was at the post office too in her car. We took pictures of everything. And I got him to admit it. I go, hey, explain to the court the traffic. Was it flowing up and down and cross? He goes, yes, it was flowing like east to west, whatever it was there, west to east.

Starting point is 00:14:21 And I go, that's impossible. And I showed and, dude, that lawyer, that judge got so pissed of me. She made me go to the back of the courtroom. At you? Yeah. She got mad at me, made me sit at the back of the courtroom to the end of all the cases. She went through all the cases. And hope that you'll leave, you think?

Starting point is 00:14:39 No, and reprimanded me for my attitude. That's so funny. And here's the craziest part. Here's the craziest part. The cop sat there the whole day. waiting for my trial to come up. That's funny. And he just stared at me with death, with death signals bang.

Starting point is 00:14:59 And I was like, okay, man. She goes, she dismissed it, but I really couldn't believe it. And let me ask you something. Do you believe, because, you know, we'll have times in L.A. where it just seems like people are getting traffic tickets left and right. And I always go, that's somewhat of a backdoor tax. They're trying to backdoor tax you. Do you feel that that could be an alternative motive?

Starting point is 00:15:29 I think they need to justify their own existence for sure. Like there are generally West Virginia, one of the things I like about it is there's less government here. There's generally less cops. I grew up in Florida where it is the exact opposite. And there is a lot of revenue generation going. on in the county that I grew up in Brevard County, you know, it's not, I mean, it's a, it's a pretty wealthy place in general, like, and a lot of elderly people who want to feel safe. So there's just so many cops. Like, there's so many cops that they have to come up with stuff to do. You know,

Starting point is 00:16:12 they, they, they go and hide behind guardrails, set up these speed traps, they get up in airplanes. I actually got a ticket from a damn airplane was. What? That's crazy. Oh, that's why I want to get into, too. That's crazy. And that one has followed me around because it was over $250. So I had to report it to the bar and all this stuff. And only realized later that I should have fought it because it would have been much less likely that they had both like the airplane cop and the one that was on the ground that actually physically got me got me in court at the same time because they're the government.

Starting point is 00:16:46 It was extremely likely that they would have not coordinated that properly. But Florida, there's so many cops that they have to justify their own existence and they have to come up with stuff to do. You know, they get boats and they'll buy a $500,000 boat and because they have to do all these law enforcement related things with this $500,000 boat. But in reality, they're just like sitting at the boat ramp. And they could have done that with a 16-foot John boat. And so in West Virginia, where you see that is when you have these little towns. There's like a little town somewhere that does not need a police department because they have a sheriff's department that covers the whole county. And they have a state police detachment that also provides overlap coverage in that same town.

Starting point is 00:17:39 But they want to have their own police department for some reason. And so they have to financially justify that. And there was this little town called Mount Hope, still is in West Virginia, a notorious speed trap. Oh, man. That expand. It was just the tiny town, but they expanded their, they like gerrymandered their jurisdictional boundary to just include a tiny section of the four lane, US 19. And so where are their little, where they have, they have like two or three cops. And where are those cops, like all day every day?

Starting point is 00:18:11 Are they in the town patrolling and just making sure the streets are safe? Are they picking up litter or something like that? No. They're sitting on that four lane trying to give tickets to like Canadians and harassing people. Because, you know, so they are using it to generate money because their little police department is 50% or more of their of their entire towns. the entire cost of running their town. So it just exists to pay themselves, to pay their own health insurance and all that.

Starting point is 00:18:53 So I do think there's a lot of that that goes on, probably around the country. Yeah, it's funny. We had one of those in South Carolina. I'm from North Carolina, but in Society Hill, South Carolina famously, just they sit at the bottom of this hill, and everybody knows.

Starting point is 00:19:06 And they catch out of town all the time. My dad got like... That is a big thing. Three tickets there. The rules of each state is different. Yeah. And especially if you're from California, because let's face it, like a lot of times on the highways, they just let you go. We are, they're very lax on the highway.

Starting point is 00:19:24 Yeah. Especially if everybody's going fast. Yeah. Well, they do that one thing where a cop will just get really fast in front of you and then he'll just start swirling in between lanes. And that's like to slow the traffic down because he's not pulling out. Is that a thing that happens? No, you've never seen that. No.

Starting point is 00:19:39 I've never seen that. They just, let's say on the 405 where it's a four lane highway, they'll just go back and forth to slow everybody down. You're like, what do you do? What is this? Like a NASCAR race? It's very weird. It's very weird, dude. It's very weird.

Starting point is 00:19:53 But it is like when you go state to state, you got to figure it out. And there's something also weird. I was in Indiana. And like, everyone's just flying by me. I'm like, okay, I guess we can go. Yeah. And then boom, I just get pulled over. go, why you pull me?

Starting point is 00:20:10 I'm like, dude, I'm just trying to keep pace. So I don't get on that road to Chicago. Is that what you're talking about? The only thing cool about Indiana is if you're out of the state, if you go one year without another traffic ticket, they won't tell your insurance. Well, that's kind of that. That is kind because it doesn't. So you do, you do, you do a lot of your content is about, you know, people being pulled over

Starting point is 00:20:31 in traffic tickets. Like, what do you, what do you think is the biggest mistake a lot of people? people make when dealing with this stuff? I mean, there are a lot of, there are a lot of common mistakes that, that people make. And there's, there are also a lot of common mistakes that I see cops make. So part of, part of kind of what I try to do is, you know, analyze things from, from both angles, you know, what should people be doing or what, what do they need to know, what can they do differently, but also I try to challenge police officers as well because I know a lot of them watch.

Starting point is 00:21:17 You know, if you're demanding somebody's ID, is it really necessary? You know, why are you doing that? Because so many, so many of the videos I do and the other viral videos that you'll see of police encounters, a large number of them were entirely unnecessary incidents. We're not talking about like shooting cases or responding to some violent situation or some big emergency. A lot of these scenarios are things that just didn't need to happen at all. It was just some dumb caring call. No crime had been committed or it was just some police officer who was bored and trying to be proactive and creates a problem where there wasn't one.

Starting point is 00:22:10 So there's a lot of that that happens. I think, I don't know, maybe, I would say maybe 80% of these viral police videos didn't need to happen at all, excluding the shooting videos. Sorry, I forgot what your original question was. There's this video that I watched before I came here. There's this guy that gets out of work 10 minutes right after, I think it's a Walmart or CVS. He sits down, he puts his hoodie on. It's so bad. And you're just a cop just like,

Starting point is 00:22:40 You're hiding. He was between a pillar sitting down and you just see this whole... It was nighttime. He's getting off work at a CVS, right? And he... A young kid. And he was just waiting for like an Uber or something in front of CVS. And, oh, dude, he has a dragout with...

Starting point is 00:22:53 I mean, this cop is just so belligerent to this... Just a kid off work. I mean, unemployed... Most kids are, you know, out in the streets smashing windows. And he's like just getting off work trying to live his life waiting for... And the way... I mean, the way they... The way they...

Starting point is 00:23:08 Some police officers... treat people with, what would you say, like, belligerents, like just suspicion, you know, when they've done, you know, there's no evidence against the person like that. I guess, and Sam's question, to get back to that was, okay, so say one of our listeners is pulled over. Now, I know you don't know what state they're in, but generally, what are some good practices when you're interacting with the police at the roadside? That video was what CVS employee arrested waiting on bench for the lift driver. Yeah, it's unbelievable.

Starting point is 00:23:40 Yeah, that's a good one. That was Florida. I believe maybe it was Edgewood, Florida. And some of those like that one, like I will hear from the family, you know, from the people involved and learn so much more. Sometimes before the video, because they bring it to me, even then sometimes they never brought me the video. I just found it somewhere. And then they reach out to me afterwards and kind of tell me the after story, you know, what ended up happening, things I may not have known. That's a great example of something that just absolutely did not need to happen at all.

Starting point is 00:24:18 There was no problem, no crime had been, no crime had been committed. Nobody had called the police. Nobody had asked for their help. It was just this one police officer who had, he thought he saw something suspicious with his kid just sitting there in a hoodie. But no, you know, part of what, part of constant. constitutional law is this idea that just because a police officer has a hunch based on nothing, it doesn't mean that the government is justified in seizing us or searching us. You know, there has to be something objectively reasonable about what they're doing.

Starting point is 00:24:59 So that's one of many examples. But what you have to keep in mind or what people need to understand is that there's a difference and what your rights are depending on where you are. So your rights are strongest in your home. You know, when you're in your home, your home is your castle, that's where Fourth Amendment protections.

Starting point is 00:25:19 And generally we're speaking about the Fourth Amendment. Like most of what I do involves the Fourth Amendment. Your right, you know, to be free of unreasonable search and seizure. And through thousands and thousands of cases defining what that is, it becomes lots of different things. And the biggest difference just depends on your location where you are.

Starting point is 00:25:40 In your home, your home is your castle. It's supposed to be. And that's where your Fourth Amendment protections are the strongest. And then when you get into your car and you drive somewhere, that's where your Fourth Amendment protections are the weakest. Very, very, very weak. Thanks to all, thanks to judicial activism, really. So, when you're, ironically, when you're a pedestrian, like the kid in the hoodie, He's, you know, this is not a traffic stop.

Starting point is 00:26:08 He's sitting on a bench in front of a CVS. Your Fourth Amendment protections are stronger, a lot stronger, than when you're in a vehicle. Wow. Not as strong as in your home, but they're a lot stronger. So that's kind of the first thing you have to look at when you think of, you know, what is the law governing the situation. Guys, I'm going to tell you something, man. They're just printing money. This fraction reserve banking is out of control.

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Starting point is 00:30:39 Thank you, Blu, for sponsoring the show. So when you're at a traffic stop, again, your Fourth Amendment protections are at their lowest point like they ever will be, unless you're incarcerated or you're on parole or probation or something like that. As far as when you actually get pulled over, some of the common things that I'm. I've done videos on that I've seen, you see reoccurring issues. A big one is, is when the police officer asks the driver or the passenger to get out of the car. That is, that's a lot of the problem. So there's this, a lot of times what you'll see is it's just not a big deal yet. It's just a traffic stop, just a speeding case, or it's, it's an expired license plate.

Starting point is 00:31:32 And that's something I'd recommend, especially if you're breaking the law in some way, make sure your tags are current. I mean, cops love that. I mean, I think sometimes, like, that's how they entertain themselves with their boredom during the day is they try to spot tags that are expired. And they will pull you over every state if your tags are expired. But a traffic stop starts out that way. And then they want to, they don't really care that much about the expired tag. They want to turn it into something else. They want to fish for some sort of other charges, some sort of contraband.

Starting point is 00:32:20 So that's where we have the issues. A lot of times they will ask somebody to get out of the car. Now, I've never personally been asked to get out of my car during a traffic stop. but this happens a lot. And so what will happen is people aren't expecting this. They're already nervous about being pulled over. And then they're asked to get out. And so it's very natural, I think, for somebody to say, to ask why, you know, to ask why, you know, why do I need to get out?

Starting point is 00:32:52 And so that happens frequently. Then what happens? Well, then the cop sees this as not respecting their authority. and so now it becomes an ego thing and the situation escalates. And sometimes that's the cop yanking them out of the car, all sorts of other things. But as far as what the law is, that people misunderstand, and the cops misunderstand as well,

Starting point is 00:33:21 is there's this U.S. Supreme Court case called Pennsylvania v. MIMS. And that stands for the fact that police officers at a valid traffic stop, they are allowed to order the driver out of the vehicle during the duration of the stop. There's sort of a companion case. I think it's Maryland versus Wilson that applies that to the passengers as well. So any traffic stop, if a police officer wants to order somebody, either a driver or a passenger out of the vehicle, they can do so. At least there's no federal constitutional prohibition from them doing that.

Starting point is 00:33:59 There could be state law differences. There could be department policies on when they could, when they can do that or can't do that. But as far as what the Fourth Amendment prohibits or allows, it allows police officers to order people out of the vehicle during a traffic stop. Now, it gets a little complicated. So they do not have to explain to the driver who's been. being ordered out of his car, what the reason is. Now, would it be a great idea to do that just to, just to be like a good government, you know, a good public servant?

Starting point is 00:34:45 Like, you know, this is not, this is not, um, this is not some convicted criminal that you've just pulled over. It's just a citizen who's alleged to have been maybe speeding or has an expired attack. Like, there's, there's no reason to just want to put them in jail because they asked a question. So it would be a fantastic idea to explain to the person why you're asking them, why you're ordering them out of the car. But a lot of times, that's not what happens. So the person is genuinely curious why they're having to get out of the car, what they did wrong, and they're not being told.

Starting point is 00:35:24 And when they ask, that's then being taken as a refusal to get out of the car. And now they end up getting forcibly drag out of the car and then arrested for allegedly refusing to get out of the car when maybe they did not even refuse. They just asked a question. So so many, so many problems, so many videos, is that identical issue of get out of the car? What did I do wrong? I'm not going to tell you again. Get out of the car. Boom.

Starting point is 00:35:52 That happens all the time. I think people need to understand that they can. be ordered out of the car and they they have no right to be told what the reason is um and you know just do it just do it just get out of the car like you so what you're saying is if they say to get out a car you can ask why and then if they don't give you a satisfactory answer on why i mean based on the videos i watch i was talking good friend of mine geoffrey wilson who's doing videos on these things but he's he's like I'm like just get out of the car at this point because we saw that one video where I don't know what state it was I want to say Minneapolis mini Minnesota where and

Starting point is 00:36:41 I could be wrong on the state but this kid gets pulled over the cop keeps asking him get out of the car the kid won't get out of the car and it just escalates to the kid ends up dead and I yeah I mean haven't seen that well the it's a happened a couple of years ago but hold on but the point is is like, is there a point where you go, okay, my civil rights might be being violated and I'm not saying I'm okay with that because I'm not, but is there a thing going, okay, this might escalate to a point of either me being thrown in jail, this went from a traffic ticket to a felony or even worse, like what happened to this kid? Yeah.

Starting point is 00:37:23 There's always a difference between what I think you should do, what I would myself do, what I would want my children to do and what what is the law you know what is the point at which officers are breaking the law being ordered to get out of the car is pretty solidly in favor of the police officer like they are universally allowed to order you out of the car now it's supposed to be for officer safety sometimes it's not. What police officers are technically not allowed to do that many of them do is they just order everybody out of the car because they just like that better. You know, it makes them, there's something they like about it because then they can sort of look the person up and down, see if there's any bulge in their pockets, and then maybe also get them away from dangerous traffic. they're supposed to be doing it for some theoretical officer safety reason.

Starting point is 00:38:28 But if they're just doing it in every case, then that's what they're not supposed to do. And then some of them are using it, like I said, as a fishing expedition tool to try to find, you know, try to find some sort of reason to search the person. and this is where police officers misunderstand the law. So if there's one Supreme Court case that cops generally know, like, traffic cops, it's Pennsylvania versus MIMS, saying that they can order the driver out of the car. Now, Pennsylvania versus Mims, the actual case had to do with a guy that a police officer thought was armed and dangerous because there was a bulge in his clothing indicating that he had a gun. So what police officers misunderstand is that they think that they can order anyone out of the car and then frisk them. And there are some cops that they just want to do that on every traffic stop, even if they have no reason to believe that the person is armed or dangerous, because that makes them feel safer or whatever.

Starting point is 00:39:41 And the law does not allow them to do that. So while you have to get out of the car if you're ordered to and you should, that doesn't give police officers the right to then frisk you and feel your pants, feel your waistband to see if you have any weapons. And then if they feel something, you know, what is that? And that is illegal. And a lot of police officers do do that. So frisking people at traffic stops. That's what they're not allowed to do. unless they have some objectively,

Starting point is 00:40:14 some objective information indicating that the person is armed and dangerous. That's why some police officers will say, the first thing they say when they pull you over, do you have any weapons on you, which is bullshit when they do that. Because that's what they're wanting to do is come up with a justification to get you out of the car and frisk you and see what you have in your pockets.

Starting point is 00:40:36 So like in California, I know this is a different law, but like here, weed's legal, but that gives them a reason to search the car, right? Once they smell it, they don't have to see it. They're like, oh, your car smells like, we do not have to search the car. I mean, what's the smell? Can he prove he smelled it? He can improve he didn't smell.

Starting point is 00:40:51 How much of a smell? Yeah, how much of a smell are we talking? What if I smelled three weeks ago? If it does smell like, I guess the question is, are you intoxicated to drive? Yeah, but that's their logic. If it smells, you've got to be intoxicated. If they find a joint in there, I don't know if that's necessarily illegal anymore. It's supposed to be in the trunk.

Starting point is 00:41:08 It's supposed to be in the trunk. thing in the front, just like liquor. You're supposed to have your joint in the trunk? Just like liquor. It's got to be in the trunk. It can nothing keeps just like liquor. You can't have it because then they assume that you can just light it up at any moment while you're driving. It gets really sketchy, but that's what I was asking them how at one point, can they search your car, which is smelling it?

Starting point is 00:41:25 Yeah. Yeah. Yeah, so that depends on the state that you're in. So that, for a long time, that's, that has been a trick that cops have used, not because they actually care about. whether you have any weed in your car or whether you're, you know, too high to drive. They, they use that as just a pretext to, because they want to search your car. And so it depends. Now where you've had states create, you know, legalize it in different ways, it creates a very

Starting point is 00:41:59 complicated sort of spider web of what, of the law being different in different states. So Texas, I can tell you, the last time I did a video on one of the, those in Texas, you know, Texas is in the Fifth Circuit. And you have to look at these federal, to figure out what the constitutional law is in any particular location, it's very important which federal appellate circuit they're in, because that's where the case law comes from that basically says what the law is. And so the Fifth Circuit is pretty favorable towards police officers. And Texas is in the Fifth Circuit. So under Texas law, we just still, illegal last I checked. And so there's there's a bunch of Texas state case law and also

Starting point is 00:42:47 federal Fifth Circuit case law saying that it's still the case in Texas that police officers, if they smell weed, that's probable cause for them to then search your car. And that that's the old trick that cops across the country used as an investigative tool. Now some states that, you know, some states have done away with that. Like, I think maybe Florida recently had a case saying that just the smell of marijuana is not enough, but it's still going very strong in Texas. I'm not sure about California,

Starting point is 00:43:27 but that's the thing with these things, is the law can be very, very complicated. And so one of the first things that I have to constantly do is when I'm doing a video on something is look up the law. Even if I think I know it or I did know it at one time, you have to refresh your recollection and you also have to make sure that the law hasn't changed. That's fascinating. So one thing, because I also want to get into your home and I want to get into Second Amendment. But one thing that I've noticed is that a lot of times in these whatever it is, whether it's a traffic stop or even shoplifting or even shoplifting or.

Starting point is 00:44:09 or something like that. People always like, I want to talk to your superior. You know what I said? They always want to talk to the superior. Let me, I want, no, give me your superior right now. And does that do anything at all? And I don't know what they think the superior is going to do to help them in this situation or why they would have to talk to the superior.

Starting point is 00:44:30 In the profession most famous for having each other's backs. Like, what's that guy going to do? You're wrong. I feel like you're buying time. And time is running. out. Yeah, or badge numbers. You know, I think that's another big sort of misconception is that, you know, you have to ask

Starting point is 00:44:50 for an officer's badge number. Generally, I think that only pisses them off. I mean, if your goal is to test out, to flex your rights, to test your rights out, to maybe create content for YouTube videos. then that's probably a decent way of escalating the situation if that's what you want to do. But I don't think there's any actual benefit. If you're just like me and you just want to be, you want the government to leave you alone, you want to be, you want to go on your way and keep these cops out of your life,

Starting point is 00:45:31 there's no benefit to asking for a badge number or asking for a supervisor. These are just sort of unnecessary escalations, generally. I don't know if I've ever seen a case. I probably have, but where somebody did that, and a supervisor actually shows up, and the supervisor, like, turns to their underling and says, you know what, this citizen is right. Like, you should not have done that.

Starting point is 00:46:01 Like, sorry, sir, you know, please proceed on your day. I mean, that's not what's going to happen. Yeah, just like you said, they are going to immediately be on the defensive, and now they're looking for ways to screw you. Yeah. I think the best thing that you can do at traffic stops is, you know, if you want to be as safe as possible, have dash cams in your car. I mean, there's so many options out there is, you know, you have dash cams that can prove what your driving was and what it was not just prior to. the stop and that can record the audio. I think it's always, and, and so if you're doing that, they train cops to be professional

Starting point is 00:46:50 witnesses, not just in court, but they're trained on how to testify in court, but they're trained to be professional witnesses for the body cam, for bystanders who are filming. That's why they're always saying, stop resisting, stop resisting. Like, they're not being serious. They're they're there they're there this is theatrics they're being They're they're being the they're being a good witness for for the government and that's what they were they were taught to do And there's no reason why Why everyone can't play that game so if you're recording

Starting point is 00:47:25 Video with a dash cam or in some other way or just relying on the body cam like you need to be a good witness for yourself also Because and and you know from my civil rights lawyer hat not just content creator hat, if I'm looking for a case to take and people struggle to find a civil rights lawyer to take these cases because they have to, it's an investment. I have to be willing to invest tens of thousands of dollars in somebody's case. I want the, it's already difficult to win. I want the best possible case that I can get. So do I want a client who is going to be a good witness or a client.

Starting point is 00:48:07 client who's going to be a terrible witness. And how do you tell the difference between those two? Well, what is a jury going to like more? At the end of the day, you're going to have a jury judging, judging your client and judging the police officer who's involved in this situation. So the police officer is already trained to be a good witness. Sometimes they're not. But people can be terrible witnesses for themselves. So even if you know you're being required, courted and you're just being a dick to the cop just to be a dick like a jury is not going to like that what a jury likes the most is if you are polite now if you are being polite and the cop is still treating you in this way it to a jury it looks like the cop is the one being the dick but if

Starting point is 00:48:59 if a jury perceives that the driver or your client is a jerk and you know there's so many people out there that are just going to say, well, you know, F around, find out. So I think it's so, so, so important for people to be good witnesses for themselves. And rarely are they. I mean, sometimes when cops mistreat like a teenager or an elderly person, it really pisses people off because it, you just have this dichotomy of somebody. that they really empathize with. And then the cops just doing what he always does. But they really, really, you know,

Starting point is 00:49:45 they really, really look bad because the other person is just so empathetic. And that's one thing that you have control over. So if you are a good witness for yourself because you're being polite, that could just make all the difference in the world. and you know nobody wants to see you

Starting point is 00:50:09 like you know using profane language and provoking the cop and while the law may require the cop to put up with that and not retaliate against you like we all know that that's going to happen

Starting point is 00:50:25 and there are so many people that could be on a jury that aren't going to care they're going to be okay with that yeah so if you if you if you would just be a good witness Not only would it possibly result in a better outcome for you, but if the cop still does the wrong thing and it ends up going to court, it's going to be easier to find a lawyer. And it's going to be easier to get justice and accountability and win your case

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Starting point is 00:53:18 Grab your tickets now. Let's get back to it. So, you know, as somebody who has people, you know, in my life throughout my life, struggle with mental illness, I watch so many of these videos and I go, oh, dude, that guy's got, you know, borderline personality disorder, mental illness and stuff like that. It's really hard to watch.

Starting point is 00:53:45 Like, do you think the, and I know you're not a psychologist or anything like that, but what percentage of these like out of control videos that we see? Do you think that people suffer from mental illness? Yeah, I think that's a lot, I think that is a lot of, that's a lot of situations, especially shooting cases. Yeah. And I would do more, I would do more shooting cases if, you know, if the rules on YouTube were a little more lax as far as, you know, what I could get away with. I'm highly interested in like those fact patterns like you know you know shooting because they're basically self-defense cases but I don't do a lot of them just because of the rules on YouTube.

Starting point is 00:54:40 You should go on Rumble dude. Rumble will probably let you do that. Rumble's been getting a lot here. Yeah. Yeah, I mean I'm sure they'd let me do it. But, you know, it's like my 1.5 million subscribers are on YouTube, not Rumble. No, I don't. Yeah, no, totally. And, you know, that's, I mean, that's where people would see it.

Starting point is 00:54:59 And, I mean, I get it. It's their platform, their rules. But there's so many of those are mental health situations. And I've done a lot of mental health cases like the, I think, I don't know how many. I mean, there was one I did in California with a top civil rights lawyer there in California of this guy who was just in a park. and cops came up to him and started harassing him, put him in handcuffs, and then slammed his head, head first into the concrete. And it did kill him eventually, but after like an agonizing stay in the hospital, I don't know how long it was.

Starting point is 00:55:41 But, I mean, they, it was just a terrible, terrible case. And the guy, I mean, he had serious mental health issues. and they just treated him like he didn't. And if you're going to be in that job, of course it's a difficult job, but you are signing up to interact with the public, sometimes the worst sorts in the public in all sorts of different complex situations.

Starting point is 00:56:11 I mean, you're dealing with elderly people with dementia. You're dealing with people that have serious mental health issues. Like you have to you can't just treat everybody like, you know, they're a nail and you're a hammer. You have to be able to tell the difference between somebody who has mental health problems and in somebody who doesn't. And that's something that is really sorely lacking in law enforcement, I believe, is the capability of, instead of just going ego first. and proving, you know, proving your authority through violence, you know, why not, like, have empathy for people? And, I mean, if you're trying this to protect life,

Starting point is 00:57:02 you know, why not take a few extra steps to think about and understand whether or not this person, you know, has a mental health problem, whether they need help, whether you can help them? You know, I mean, that's tough. You know, I know that's a, that's a tough, that's a tough scenario and those, you know, sometimes limited resources. But I think they handle it so many times, like the exact wrong way. Yeah, totally.

Starting point is 00:57:35 Absolutely. And traffic stops too. I mean, you, you're dealing with, like, people, like teenagers. You know, teenagers who, who knows how nervous or anxious, somebody's going to be. Yeah. Or like, you know, women commonly. Yes. Just, just your regular housewife gets pulled over.

Starting point is 00:57:59 And they, she may be terrified, absolutely terrified. And, you know, that has to be taken into account. You know, if you're just barking orders and being rude to somebody, you know, who knows what they're hearing or how they're going to process that. Yeah. And, you know, I think there's a trend in law enforcement being trained in promoting just aggressive escalation. You know, get out of the car. And if they don't get out of the car, boom, like you're getting violent. You're, you're busting the windshield.

Starting point is 00:58:36 You know, why not, like, take a step back if it's not an emergency, you know? And stop and think, like, we're dealing with. the failure to signal within like 200 yards or whatever the time reason for the stop is like like just slow down or a second and and you know talk to this person have some empathy yeah that's like that because some of the best cops that i know are you know are people that do that like they're in the job not because it's exciting to them and they want to be in chases and shootouts they want to get this thrill thrill out of it. Like the ones that are in there because they want to actually help people, they understand those situations where they get to a call

Starting point is 00:59:25 where somebody is, you know, they want to be killed by the police to where they're like putting the brakes on and trying to help the person. It's like that one case. I don't know if you remember the,

Starting point is 00:59:41 what is it, Will McNeil from Florida, the one that where the cop punches them through the wind Shield. You remember this one, this black guy with the red t-shirt? Yeah, but there was a lot more to that. The video came out later that was a little bit more than just him sitting there. Oh, yeah. I don't remember if I did a video on that one or not. I remember people asking me to. I don't think that I did. It's interesting. Now, I wonder how much you think it's down to. It seems a lot of these guys, many of them anyway, they're in your videos, are like ex-military and they're kind of, you know, still. treating people like hostels and you know when they're like overseas rather and and and because

Starting point is 01:00:20 they come in all this tack gear and stuff i think a lot of them maybe i have mental illness or PTSD and feel like they're still in the field yeah in a war zone and they treat people like combatants rather than you know civilians with rights how often do you see that uh yeah going back to that video that that video that happened uh with the cvs employee i can remember now that that cop i think it was Edgewood, Florida. That guy was, he had been in infantry, like grunt and had been deployed somewhere. And I can remember somebody else, I don't remember if it was on X or in a comment on the video, somebody saying, yep, that seems like a, I mean, that's, that's like an infantry grunt, if I've ever seen one. And that's how you would be treating somebody in the context of, you know,

Starting point is 01:01:12 dealing with somebody on some base or or overseas. Here's just a little bit of that. We'll look at it. There we go. Struggling, but he's working. Gets off of work at CVS at 10 o'clock. It's only been like...

Starting point is 01:01:27 If you're listening, we're watching the video now. I know it's, uh, might be confusing to you to hear his voice again, but this is the video we're watching. This is his video. Yeah.

Starting point is 01:01:34 Yeah, it was his video. His sister who called for a lift. He's waiting on the lift driver. He's sitting on a bench. He gets up off the bench. to put on his hoodie. A police officer on patrol just happens to see this. He believed the CVS to be closed. He believed Paul to be hiding behind a pillar, but no crime was committed. Paul says he wasn't

Starting point is 01:01:54 hiding. He was just putting on a hoodie. The police officer then approaches Paul. Paul, who undisputedly had committed no crime, was immediately detained and threatened with violence. ID card. South with your name on it. That's my rob. I'm going to go ahead and go. No, you're not. Stop, dude. You can make an emergency, please. I got one resisting. I work here, sir. I just thought I'm working.

Starting point is 01:02:19 Dude, you're going to get taste. Okay, I work here. Turn around. I work. Stand up and turn around. Okay, I work you, sir. Put your hands behind your back. Don't move.

Starting point is 01:02:27 And even though the officer discovered that he was wrong, he arrested Paul, charged him with a crime, and took him to jail anyways, where he stayed for three days. Oh my God. Unbelievable. Unbelievable. But Officer Ripion believed to be his authority as a police officer, even where no crime had previously been committed.

Starting point is 01:02:48 This is my ride. Just one second. Hey, you're good to go. He doesn't need a ride anymore. I'm going to give him one. You are going to jail tonight. Do you really work here? I swear to God I work here. I do believe that he works here. He's going to learn, fortunately, the hard way. What? Yeah, I do believe him. I wouldn't fucking mind to himself. So, yeah, he's... Now, what should have happened is...

Starting point is 01:03:11 Yeah, now, so, how does that? I mean, do you have to idea yourself if you're just in public like that? How does that work, John? Yeah, I mean, that can be complicated because state laws can be different. What is not different across the country is the Fourth Amendment prohibition that police officers cannot detain you unless they have reasonable suspicion. So the particular state law, like you'll see these charts about which states are stop and ID states. And it's kind of a misnomer because different states can have different laws. And Florida is particularly complex, actually.

Starting point is 01:04:01 But they, you know, say they have some state law that makes it a crime to, not provide identifying information to a police officer under certain circumstances, such as if they're at a traffic stop, or, and sometimes they list A, B, C, and D. Now, that law, the technicalities of when that law is violated can be different in every state. But none of those different state laws, which we could refer to as stop and ID laws, or the lack thereof, none of them could say that a police officer can stop you and demand your ID under threat of arrest and the lack of any reasonable suspicion that a crime has been committed. So that cannot occur no matter what the particular state law was.

Starting point is 01:04:59 So in the CVS case, regardless of what Florida says that, you know, when in, regardless of what Florida law says, there still has to be reasonable suspicion to detain somebody. And that's what you're doing. When you're a police officer and you're forcing somebody to give you, and here's what people should do. Remember when I said that your rights are different depending on whether you're at your home or whether you're in your car or whether you're a pedestrian? The kid at CVS, this was not a traffic stop. Cops love traffic stops because they already have reasonable suspicion. And that's whatever traffic violation they say occurred.

Starting point is 01:05:42 When they just approach a pedestrian like that, sometimes they don't even realize they're violating constitutional rights because their department policy may say, all right, every time you encounter somebody during a call or an incident, the step number one is you get their ID and you radio it to dispatch. And then we see if the person has any warrants and we make a record of, you know,

Starting point is 01:06:07 whomever you interacted with during your shift. Like, okay, that may or may not be constitutional depending on the, on the situation. So if it's a pedestrian and this officer has not been called to the scene, he has not observed any crime being committed. Nobody has told him a crime has been committed, but he just sees somebody that he thinks for some reason is suspicious. You know, and if he goes up to that person and he demands ID and the person doesn't want to give it and he doesn't allow the person to leave, well, he better have reasonable suspicion that some crime has been committed because he has detained that person. There's also a difference between, and I know this is complicated, but there are three different types of encounters with the police.

Starting point is 01:07:01 There are so-called consensual encounters. Then there are investigatory detentions, also called Terry stops, and then there are arrests. So depending on the facts, you're going to have one of those three situations. So how could this have gone differently? And this is all supposed to be things that are taught to police officers like in police academy. And it's not. I guarantee you it's not. Like, most cops could not tell you this basic constitutional law 101.

Starting point is 01:07:33 So if you see something that you thinks, I mean, it doesn't mean you can't not go do your job. Like, if you really think somebody, something's not right. Like, somebody is looking suspicious. There is nothing stopping you from going up and investigating that person and talking to that person. I mean, I could do that. I mean, you're allowed to do that. And I mean, that's fine. You go up to, you go up to this kid and you say, hey, what are you doing?

Starting point is 01:08:03 You can say, what's your name? You can say whatever you want. The difference is when they crossed that line of it goes from consensual to compulsory. So in a consensual encounter, police officers don't have to tell you. They can ask you questions. They don't have to tell you that you don't have to answer. So that's why it's always good to remember if you're a pedestrian, all you have to say is, am I free to leave? And that answers that question, because if you're free to leave, you leave, you can leave.

Starting point is 01:08:41 If he says you're not free to leave, the police officer has just admitted that he has now crossed that line from consensual encounter to an investigatory detention, aka a Terry stop. And at that point, there has to be something more than just a hunch that can't be objectively proven. There has to be some sort of actual articulable, reasonable suspicion. And so that's where this cop screwed up here is even if it was his practice or department policy to get IDs of everyone he interacts with. Excuse me. here he had no real reasonable suspicion to force it so he could ask the kid for his ID he could ask him what he's doing and that's what he should have done but when he decided to flex his authority or what he believed it to be until the kid he couldn't leave he couldn't go get in that lift vehicle and that he had to

Starting point is 01:09:42 under threat of arrest give him his ID or be tased threat of violence actually he had crossed that line into, well, he crossed two lines, into both the detention and then into a warrantless arrest, which requires even more in the form of probable cause. So that was, that case really is in a nutshell, a very educational video

Starting point is 01:10:09 because nothing had happened at all. There was no crime, no crime had occurred, yet all of that happened, which really, excuse me, really screwed up that kid's life because I talked to his family afterwards and he did he really did get fired from CVS and and he was struggling like in life like that really fired for that really did they did they counter with any lawsuits or anything I I don't remember specifically my recollection was is that my my recollection was is that he he did get fired because see that's that's

Starting point is 01:10:51 so lame. You know, one of the reasons I do this, what I do now, is because you can only, you can only get so much accountability through a lawsuit. And even being able to file a lawsuit when the police violate your rights is almost impossible because you don't have the knowledge to do it yourself. You don't have the money to hire a lawyer to actually pay what it would cost, especially one that would know how to do it because most lawyers wouldn't just know how to do this sort of thing. And so you're relegated to the position of convincing a lawyer who does know how to do it, to do it not for free, but to finance it themselves with their time and their actual money.

Starting point is 01:11:43 And it is significant, even if it's a very minor constitutional violation. So what you end up with is if you got shot or you got killed or you are somebody very important that just being arrested financially harmed you greatly and therefore there's a lot of damages to be collected, it's going to be almost impossible to find a lawyer to even file a lawsuit. And even if they do, there's qualified immunity. There's a bunch of hurdles that makes it very difficult to win. The point is the government is not afraid of lawsuits. There is one thing that the government is very afraid of, and that is extremely effective, and that is public outrage. And so the reason that there was any accountability or justice in that scenario is just because I made that YouTube video. Before I did that, nobody cared.

Starting point is 01:12:41 I think CVS, to my recollection, I want to say they fired him. I could be wrong, but I think he had gotten fired. I mean, and I guess all they know is that their employee had been charged with a crime. He missed work. He went to jail for three days. Let's say you worked the next three days and then you're fired. They don't give a jail. They don't care that you got arrested.

Starting point is 01:13:01 They're just another guy on the list. Let's hire another person. That's definitely would happen for sure. It could be that they gave, they offered him his job back later, would have rehired him. I don't know. My recollection is that even after he got out of jail, he didn't have his job anymore. like he just moved on with his life and moved off somewhere and his family was worried about him and how many times does that happen where there is no YouTube video made about it

Starting point is 01:13:29 where there's some accountability here only because I made that video did did it get in front of people's eyes in order for them to get upset about it and only when that happened did that local government do something about it? And I don't know whether they fired that guy or he resigned because they were going to fire him. But I think they announced that they had parted ways after that occurred. And then the criminal charges were dropped? And were they going to do all of that before the public saw what happened and got pissed about it? No, of course.

Starting point is 01:14:10 Think about before body cams. No, but this would have never, it would just be another case in this guy's docket, you know, at court for him to lie about. Thank God for body cameras. So, yeah, I mean, that video in particular, I mean, there's many like it, but, but just look at how that cop is acting. Like, how confident he is. You can tell that he does not care what the, what, what the 11th Circuit or the Florida Supreme Court says about when you can forcibly ID. a pedestrian in front of a CVS. He doesn't care.

Starting point is 01:14:45 I mean, like, no fucks are given at all. And he even says, like, this guy's fucked. And, and, like, he basically admits on camera that he is retaliating against this kid and trying to make, trying to make his life as difficult as possible. I mean, he's freely admitting that because he's probably done it so many times before. That's like every night he does this stuff. Like, he's not expecting it to end up on YouTube. he's not expecting the the public that he serves to actually see how he's doing it.

Starting point is 01:15:18 Does it worry you now that you're seeing more, because I noticed this in some of the videos I've seen, that they're kind of managing, they're becoming more aware of the body cameras now so that you see him like, even though they're not supposed to, like turning them off to have conversations like sidebars and stuff. Is that, are you seeing that more often as well? Yeah, I mean, it's just nice. I think it's, I think there's no downside to having, having video the you know the the the body cam i think helps the police way way way more often than then it hurts them i mean it's a fantastic investigatory tool like if we want we want to

Starting point is 01:15:56 um fight crime and successfully prosecute criminals i mean you've got it you've got it all on video and and the video doesn't doesn't discriminate so it's it's a fantastic tool um we do see videos where they will turn them off or make it very difficult for the public or even criminal defendants to access body cam video. For instance, North Carolina is probably the worst state in the country. You guys suck. Yeah, that's where I'm from. Yeah.

Starting point is 01:16:31 Yeah, and I was born in North Carolina. I went to UNC for law school. Oh, no kidding. Yeah, that's where I went to school too. Nice. Yeah. Go heels. Yeah, I'm a tar heel also.

Starting point is 01:16:41 Right on, dude. I didn't know that. Yeah, but North Carolina is terrible. Like you, you, it's very difficult to get any kind of body cam footage out. Wait, so what's your process? Do you FOIA those? Is that, do you just file a FOIA? Is that?

Starting point is 01:16:53 And then what, they drag their feet or they make you pay for the paperwork? What's their process to? Well, North Carolina is, is its own thing. I think, I think you have to actually go to court and get a judge to release body cam in North Carolina. But other states, like my state, to get body cam, we just send a letter saying this is a FOIA request and this is the specific video that we're requesting and anything else pertaining to the incident. And they send it or either don't send it.

Starting point is 01:17:27 Now, generally, in most of these states, you can, it's just that easy to get body cam, but there will be statutory exceptions. So the biggest one that you'll see is when there is still a criminal case pending. And that applies here in West Virginia as well. So as before the case gets resolved, if there is a case, if it's body cam you're requesting that has resulted in criminal charges, they generally will not release that body camp footage to any third party until those criminal charges have been resolved. Now, they're supposed to release it to the actual criminal defendant who is in the video. But I interact with a lot of people who have complaints about what the police did or did not do to them. And so many actual criminal defendants, people who got charged, cannot even get their own body cam.

Starting point is 01:18:24 And they may have a public defender. And they are entitled to that footage. I mean, under no circumstances as a lawyer, should you try to get your client to enter a plea of guilty to anything without, having first watched the body cam footage, if there is body cam footage, but very frequently, especially like public defenders or appointed counsel, they will frequently get people to plead guilty to things to enter pleadials where there is body cam footage, but they haven't received it through discovery in the criminal case for various reasons,

Starting point is 01:19:03 maybe just laziness or it could be something more nefarious. like because it it shows that rights were violated and the government doesn't want to hand it over. And it's just easier for the public defender to plead the guy to something and move on to the next case. But so many people end up pleading guilty to something. And there was body cam footage and they didn't get it. Their lawyer didn't even bother to get it first. And so there I am trying to get it after the guy has already pled guilty. to it, which I can get it because the criminal case is over with, but then it may be a problem

Starting point is 01:19:45 because no lawsuit can be filed because the government got the person to plead guilty, even if he wasn't guilty, because it was a good deal. Like he didn't have to do it single day in jail, maybe minimum fine. So they were happy with it, but now the government has protected itself because now they can't be sued because the guy admitted to it. I think maybe now we get into like your rights in your home right yeah I want to talk about two things homes and second amendment before we let you go again watch a lot of these videos and I think people and I could be totally wrong

Starting point is 01:20:26 but there seems to be this kind of thing where people think that cops aren't allowed to enter their house now I know they they're only allowed to enter if they have reasonable suspicion. But there seems to be also like people when a spouse or child calls about domestic abuse, they're like, no, you can't come in my house. I have the rights on my house. You're not coming in my house. What is that line? Yeah.

Starting point is 01:21:01 Let me just get the terms clear. Okay. So remember, you have the three different places. You have the home. You have your vehicle. And then you have pedestrian. And then you also have three different types of encounters with the police. You have consensual encounters.

Starting point is 01:21:18 And then you have, you know, consensual encounters where the person theoretically is free to leave, free to not answer any questions. And the police officer has no obligation to have anything, no reasonable suspicion, no probable cause nothing. That's a consensual encounter. Secondly, you have a detention, a, a, a, a, a, um, uh, A Terry stop, an investigatory detention. That requires reasonable suspicion.

Starting point is 01:21:46 So that's like what the officer was supposed to have at the CVS. And that's not an arrest. That's just some sort of reasonable detention like forcing ID, something small like that, reasonable under the circumstances. And then the third sort of interaction you could have in law enforcement is an arrest. And so an arrest requires more. than reasonable suspicion, it requires either a warrant or probable cause, which is just a higher standard than reasonable suspicion. For instance, a crime was committed right in front of the

Starting point is 01:22:22 officer. So, you know, so three types of interactions, three types of locations. So if you're talking about you're in your home, then you're in the strongest location, like I said, Fourth Amendment wise, where you have the most rights in your home. So, even if a police, you said reasonable suspicion, even if a police officer has reasonable suspicion that you committed a crime, a police officer cannot go arrest you at your home. Even if a police officer has probable cause to arrest you for a crime, maybe he saw you do it.

Starting point is 01:23:01 you know, if you were at Starbucks, he would be justified in arresting you, putting you in handcuffs and taking you to jail. But if you're at your home, he can't do that. So you're in the most protected place. There are only a few narrow circumstances where if you're in your home, the police can come and arrest you. The best way is if they have a warrant, if they have an arrest warrant. And that's generally what they have to have. There's a U.S. Supreme Court decision. I think it's Peyton versus New York.

Starting point is 01:23:34 It says for the government, for the police to come arrest you in your home, there must be an arrest warrant. But they can do that if they have an arrest warrant. So even if they know you committed a crime, even if they have probable cause, you committed it, they cannot come arrest you at your home without an arrest warrant. That is the basic rule. There are important exceptions to that. Like you brought up domestic violence. That is a common one.

Starting point is 01:24:05 So there's two main exceptions to this warrant requirement. One is consent. So you can waive pretty much any right. So the cops show up at your door without a warrant and they say, like, we want to arrest you. You could theoretically consent and say, even though you do not have a warrant and I have a right not to be arrested in my home right now, I will waive that right and allow you to arrest me. So that is theoretically possible if it was a voluntary waiver. And that would be a terrible mistake.

Starting point is 01:24:45 That's less common. The more common one is called exigent circumstances, which is basically an emergency situation of some sort. And this most commonly comes up in, like, domestic violence cases or could just be something else. So if if the, why are the cops there? So if the cops show up at your house because somebody from inside your house has called them, then they probably do not need a warrant because they're going to have exigent circumstances. And that's going to be really any domestic violence case. So no warrant is required because there, there's some reason

Starting point is 01:25:24 to believe that somebody may be in danger inside the house. but what if it was a neighbor who called the cops, not somebody from in the house, or it was just a Karen call. So cops show up to your house, they have no warrant, they're responding to a call, you stay inside your house

Starting point is 01:25:42 and you don't, you don't want to come out, you don't want to engage with them. Can they go in? And that would require exigent circumstances, some sort of belief, some sort of reasonable belief that they need to go into the house now before going to get a warrant because somebody's life's in danger. And there are some other, it's also possible they could do that in the scenario of drugs, excuse me, of drugs being flushed down the toilet is technically possible for law enforcement to do that. but that's pretty rare these days.

Starting point is 01:26:25 But saving, preserving evidence that's in the process of being destroyed can be a justification for entering. But the most common one is just because they have some reason to believe that somebody's in danger inside the house. Otherwise, they do have to have a warrant. Now, I've seen a few times, and maybe this is a state-by-state thing, but where they try to entice people out of their homes to, and then they could, in some cases, arrest you like on your front porch or something, right? Yeah, I mean, if I was going to rank all the things that people don't know

Starting point is 01:27:03 that they need to know about interact, and I'm not talking about, like, helping criminals do their job better. Of course. I'm just talking about regular folks who find themselves, you know, interacting with the police. When the cops show up at your door, remember there are those three different categories. There's a consensual encounter, there's a detention, and then there's an arrest. So if they show up at your door, usually what they're doing is a consensual encounter that

Starting point is 01:27:38 law enforcement calls and the courts call a knock and talk. So that's an investigatory tool to where, you know, if Karen calls the cops on me, the cops are within their rights to come up to my door, knock on the door. And if I want to come open the door and answer their questions for hours, I can do that. They don't have to have probable cause. They don't have to have a warrant. They don't have to have reasonable suspicion because the courts will consider that a consensual encounter. And even though I don't know that, nobody has taught me that, like the police officer did not say, this is a consensual encounter. I'm only here until you tell me to leave.

Starting point is 01:28:24 If you tell me to leave, I'll leave. You don't have to answer any of my questions. They're not going to tell you that, and they don't tell anyone that. They come up to the door with their uniform, with their badge on, maybe with other cops standing behind them in an intimidating way. and they just say they have questions. And they make it sound like you have no choice. But that's not the case. People need to know that if law enforcement does not have a warrant,

Starting point is 01:28:53 you can tell them to go away. You don't have to open the door. You don't have to answer any questions. That is a consensual encounter. If you read the case law, the courts compare it to a Girl Scout selling cookies. which is absurd, but that's sort of the legal fiction that we live in.

Starting point is 01:29:15 So the police officers are only allowed to do what a Girl Scout selling cookies would do. That's crazy, isn't it? People don't know that. So, like, most of these cases, they could tell, like I just did one a couple days ago on the cops with a flock camera, and they showed up,

Starting point is 01:29:34 and they accused this woman of stealing a $25 package, off of somebody's porch. And the whole time, she could have just told the guy to go and to get the hell off her property. But she didn't know the difference between a consensual encounter and a non-consensual encounter. The important thing is to know that when you're in your home, everything is a consensual encounter. Either they have a warrant or it's an emergency situation.

Starting point is 01:30:06 But if they're just asking. you questions, like, you can tell them to leave. Now, that is a concern. Do your protections change, though, when you go out on your porch in some states, how does that word? Right. So there's, it gets more into a gray area, and it can depend. And this is also important to know, because you can change.

Starting point is 01:30:27 You can increase your constitutional protections, like, outside your home, if you want to. Like, you can life hack this. So if you, if you read the case law, there's a, there's a, there's a, concept called curtilage. So there was there was a case from Florida, I think it was 2013, Florida versus Jardines. And in that case, you know, the law was that the police cannot search your home without a search warrant. But what they were doing is they're taking a drug dog and they came up onto this guy's porch and then they were having the drug dog sniff on the guy's porch. And that made its way to the Supreme Court. The defendant was claiming that, well, that,

Starting point is 01:31:07 that's basically a search of the home. Like he's on my porch. And the front porch is attached to the home, et cetera, et cetera. And the Supreme Court agreed and held that the front porch of the home in that case is a part of what's called the curtilage.

Starting point is 01:31:22 And the curtilage is, you know, areas around your home, excuse me, areas around your home to which you have this reasonable expectation of privacy because it's basically it's like a part of your home. and that makes sense because we all have like outdoor living spaces. We have yards.

Starting point is 01:31:42 And so the law is now that within the curtilage around your home, that's basically the same thing as inside your home for these purposes. So the police cannot come and search within the curtilage of your home without a search warrant. Like if your car is parked within the curtilage of your home, they can't search that car in the same way they could. is if your car was parked out on the street. So there becomes, you know, the curtilage around your house can be, is, is justice protected as inside the house. So the issue pops up very frequently of, well, how do we define this space? What is the curtilage?

Starting point is 01:32:24 And that's where people can sort of life hack this. Because if you look at the case law, they will look at several things to define what this area is. You know, is it fenced in? Is there a gate? Is there a no trespassing sign? And going back to the Girl Scout, if you made it so that a Girl Scout is actually not welcome to come sell you cookies, you take that ability away from them, which they call implied consent.

Starting point is 01:32:55 They abuse this concept of Girl Scout selling cookies. The welcome, Matt, is implied consent. That's hilarious. That's so fun. Right. So part of the merch. that I have on my YouTube channel is a welcome mat in other signs that you can place around your house that say, like, I hereby revoke any implied consent that you, law enforcement, want to abuse.

Starting point is 01:33:19 That's so good. That's the best merch I've ever heard. That's so great. I'm paraphrasing, but that is the direction that we're heading in because law enforcement has been abusing this Girl Scout analogy for a long time. And the theory is that, all right, if Girl Scouts are allowed to come up and knock on your door, then law enforcement is allowed to do that so long as it's a consensual encounter. And we all pretend that it's the same thing, even though it's not. But there are things that you can do to take that argument away from them.

Starting point is 01:33:50 So if you look at the case law, they will say, well, you know, it's not really that curtilogy because there was a gate but it was open. Or there was a fence, but it was just like a decorative fence. So, like, you put a, you can put a more serious fence up. Like, you can put a more serious gate in. You can put a more serious sign in. And then you can make it bigger. You know, it was, like, if you live on a farm, like, you can have just a little fence around your, your house, a little area of curtilage that very clearly is curtilage. But if the courts say, that's how you define it, why can't I make it bigger?

Starting point is 01:34:29 So what I would do is just make a big ass, like huge wall, like, make. it look like an embassy and then like you have a great and then you're very specific with your signs like no law enforcement unless you know like prior written consent you know or or or or something like that and then you take these arguments away from them because that's what they're doing even when like the ATF or the FBI comes to you know goon squad you they're only relying on this girl scout fiction you know whether it's state local or federal so that's one thing that you can't affirmatively do ahead of time is, you know, take these arguments away from them. And now you have doorbell videos and all that.

Starting point is 01:35:12 Those are all effective tools that people can use. But the most important thing is that people need to understand those concepts that the biggest law enforcement tool that your government will use against you, if they want to get you, they think you have committed some crime, but they have no evidence. They want you to provide that evidence. They want a statement from you. They want you to say something incriminating.

Starting point is 01:35:35 What are they going to do? They don't have enough to get a warrant or else they'd get a warrant. They're going to do a knock and talk. They're going to come and knock on your door, just see how it goes. Start asking you questions and see if you answer. Even if you feel intimidated, they don't care. So people need to know that, like, you don't have to open the door if they don't have a warrant. Like, you can talk to them through your doorbell camera.

Starting point is 01:35:59 You can ask them to leave. And I would be polite. I mean, you don't have to. You remember, you always want to be a good witness for yourself, especially if you have a doorbell camera recording. Like, you want to be the good guy in this story. You want to seem like the reasonable one that normal people are going to watch and say, hey, that could happen to me.

Starting point is 01:36:22 Not, you don't want to. Yeah, you want the jury to identify with you, right? Yeah, you always, you always, because law enforcement is doing that. They are training. each other to be professional witnesses and you know and putting like putting your hands up um even if you're actually being aggressive and and approaching some people will see that and and they remember like you were in a defensive posture and so you always need to be a good witness for yourself and the easiest way to do that is just not to be a jerk and and be polite if somebody's going to be a jerk

Starting point is 01:37:01 let it be the law enforcement officer that's involved. So cops show up at your door. It's 99% of the time a consensual encounter to which you can decline to participate. Now, not the same when you're in a traffic stop. But like I said, the home, you're highly protected. I just wanted to, you sent a couple. I just wanted to, this is the should do that real quick. Yeah, go ahead.

Starting point is 01:37:26 So the exact law for the Girl Scout, or the precedence is what? If the girl, what is the exact precedence that, so when people are like thinking about the Girl Scout precedence, what is the exact precedence? Yeah, I have a graphic I can show you, but, you know, you just remember,

Starting point is 01:37:49 there are three different types of interactions that you would have with the police. One is a consensual encounter. Second one is. And that means, and that means I consent to this encounter. Right. So a consensual encounter is just, you know, law enforcement can walk up to you if you're pedestrian and start talking to you asking you questions. And theoretically, you're free to leave in a consensual encounter. But they don't, they're not going to tell you that. They don't have to tell you that.

Starting point is 01:38:18 So that's why if you're pedestrian, like you want to say, am I free to go? And that gets to the point of, wait a minute, are, am I being detained? And I have. to comply with with what you're asking me or are am I free to go when you're at your home they they don't even have the same ability to just detain you like they can't do it they have to get a warrant so there's really that only one type of encounter unless they have a warrant is a consensual encounter so it's almost always a consensual encounter and it's it's just the default. You know, unless law enforcement can justify a seizure

Starting point is 01:39:07 because they have a warrant or there's some emergency happening, then, you know, you are free to decline to interact with law enforcement when they're at your door. But there's no case law that you necessarily need to know. It's just

Starting point is 01:39:27 you need to know whether or not it's a consensual encounter. And so you can say, am I free, you know, am I free to close my door, you know, if you're at your door? I mean, it's the same sort of thing. Am I free to go? You know, if you say, will you please leave my property? I don't want to have a conversation with you. I mean, that's the equivalent when you're standing at your door. And if they have a warrant, they're not doing that anyways.

Starting point is 01:39:54 Like, they're already, they're already coming in. So it's almost always going to be a consensual encounter. So whenever the cops come to your door, you don't really need to know any case law or anything. You just tell them to go away. All right. Johnny, do you want to show something? Yeah, yeah, you sent a couple of your favorite videos.

Starting point is 01:40:15 And I just want this is one especially. This is the shorter version of it for our listeners here. But this is just insanity. Two best friends were driving in Texas. One is 100% blind, and the other is a paraplegic. Take off. Now left. It's not hard left.

Starting point is 01:40:34 Yeah. All right, now you're on the driveway. I'm going to catch up. Go on. Give her a little goose. A little goose. Ah, yeah. Roll the wheel to do it, buddy.

Starting point is 01:40:47 All right. Be right. Back right. Wow. Nice. Oh, stop. Stop. Oh, no.

Starting point is 01:40:55 Pops pull them over, and order them out of the car. Step out for me, sir. I do not consent to a search. This is unlawful. All right, I need you to get out of the car, sir. I do not have a fucking wheelchair. You idiot.

Starting point is 01:41:07 My legs do not work. One can't see and one can't walk. So what did the cops do? Okay, well then we're going to search the car. What are you sitting in it? That's illegal, sir. No, it's not, sir. Odour of marijuana is probable cause for research.

Starting point is 01:41:22 I can't search a vehicle with somebody in it. Okay, then you're going to have to get the fuck out of the car, dude. I didn't get out of the car. I'm asking you to get out of the car, sir. He cannot. He doesn't have a wheelchair, sir. He cannot. Okay.

Starting point is 01:41:38 Do not crawl out into the-shirt. You did this. Y'all told me to get out of the vehicle. I told you I did not have my wheelchair. I have no use of my legs. Well, if you're going to crawl, crawl yourself over that way, sir. There are situations during a traffic stop where police officers are allowed to order occupant. Anyway, that was one.

Starting point is 01:41:56 And then there's another one. This, and I'll just briefly show the beginning of this one. And I would strongly suggest people go watch this video. This guy's a paraplegic. And a woman accuses him of knocking down her door, kicking her door. He forced to enter her home and attacked her. This guy. This is a joke?

Starting point is 01:42:13 The paraplegic guy. This woman called the cops. Oh, thank God. And accused a guy of kicking down her door and assaulting her. So what happened? He kicked in the door. I ran. He choked me out.

Starting point is 01:42:27 But there was a minor problem with. Yeah, the guy's in a wheelchair. Oh, wow. So they show up. And then finally, there's one guy there who has some kind of common sense. Like, the lights are on marginally for this one guy. And it's like, you're saying, this guy kicked down the door? This guy who can't get, can't walk.

Starting point is 01:42:44 You know, his legs are like shriveled, you know, from atrophied from not being able to walk for years. You know doesn't happen again to somebody else. In June of 2024, a woman named. Yeah, I know we're winding down here, but I strongly suggest you. It's called a cop's arrest paraplegic. in wheelchair for, quote, kicking down woman's door. That's a great one, too. You just never know when you run through a crazy,

Starting point is 01:43:06 I just had a conversation with a friend of mine who that happened to him. I met a chick. They started dating, and she just went nuts on him. He actually had to go to jail for three months. And then it got all dropped because she wouldn't show up because she's a tweaker. Oh, crazy. Anyways, I want to get into the Second Amendment. it seems like they're coming for our rights left and right.

Starting point is 01:43:33 What are your suggestions when it comes to the Second Amendment and how to defend yourself? Like your rights. What do you mean like versus an intruder? Because I've always wondered about that, like how to handle an intruder. How do you establish your Second Amendment? What is the line in the sand you draw? Yeah, I mean, I think as gun owners, we have a duty. to ourselves to think about these things ahead of time.

Starting point is 01:44:03 And so going back to the scenario of your inside your home, you know, your home is your castle, that's your safe space. That's where you're the most protected. That's where you have the most rights. A common thing, a common thing that happens is innocent people being shocked by the police due to a wrong address. The cop's screwing up something. You just published one like what?

Starting point is 01:44:32 Two days ago a wrong address entry, right? Yeah. Yeah, I mean, it's highly likely that, you know, you could just be asleep in your bedroom and your house gets raided because of a mistake by law enforcement, you know, because maybe they used Apple navigation instead of Google, which happened in Kentucky and a man died. Oh, my God. Or because they were just so incompetent and lazy that they didn't even bother to look at the giant numbers on the mailbox and just went to the wrong house for no other reason.

Starting point is 01:45:17 But it's a common thing that law enforcement does for some reason is because they, it's like because they know that. they're not going to be held responsible for raiding the wrong house or, you know, killing an innocent person in the wrong house. Like, they don't put much efforts sometimes into going through the right house. So it's something we could all face that the police show up, you know, in our house or to our house because of a mistake or whatever. So you have cases of people being shot by the police in their house. house just from having a gun in their hand or answer there was like the case in

Starting point is 01:45:59 Florida where the Air Force guy just answered the door with a pistol in his hand and it wasn't pointed at the officer it was just like pointed at the ground in a safe direction he had every legal right to do that but soon as the police officer saw the gun in the guy's hand even though it wasn't pointed at him or anyone else just instantly shot him and this happened a lot. There was a, there was a, a really sad case in Georgia. I think it was, it was the cops, it was Powell versus Snook. And this guy, Powell was just an innocent guy who was inside his house and he heard a noise outside. It was, it was sort of, you know, dark and quiet. And so he opens his garage door

Starting point is 01:46:44 and he's armed and he sort of walks out into the darkness to investigate, you know, a potential prowler on his property. Well, the prowler was a cop. hiding in the bushes with a long arm and just shoots him. Oh, my gosh. That cop's name was Snook. And the guy's name was Powell. He was killed. And there was a lawsuit filed.

Starting point is 01:47:08 What the hell was he doing there in the bushes? I don't recall, but you can read. It's a sad kid. And there are others like it. I mean, that has happened over and over again. Is either right address or wrong address, people come out of their house. at night, like investigating, you know, what they believe, what they perceive to be a non-law enforcement threat to their, to their home, to their family. But in reality, cops are out there

Starting point is 01:47:35 and they just get shot like instantly because the cops are afraid of guns. And that's what happened in that case. And a lawsuit was filed by the widow. And in the 11th Circuit, the court basically awarded qualified immunity to the officer who shot and killed the homeowner, the innocent homeowner. And there was no warning in that case. The law basically is, if I'm recalling correctly, that law enforcement is supposed to give a warning before they shoot and kill you under those circumstances. If, if applicant, like, what is it?

Starting point is 01:48:17 Like, if, if possible, you know, so what does that? mean like in in this in the snook case in the Powell's snook case there was no warning that the the guy comes out investigating a prowler and then just boom from the darkness he shot and killed right in front of his wife terrible sad case no warning at all and so the the the wife had claimed in her lawsuit rightfully so that he should have at least said you know we're the police like drop the gun of course and that did not occur just just shot him first and that's what the federal court said the 11th Circuit said is, well, they only have to give a warning like where they can give a warning. So if this officer, through his training, perceived that there was an imminent threat and didn't believe there was time to give a warning, then he didn't have to give a warning.

Starting point is 01:49:06 And therefore, no, we won't let you sue. We're going to give him qualified immunity. So there are a number of cases like that. So what I think is great, just general advice or a thing to do is to think about these. sorts of things ahead of time and when I say a line in the sand I think that's important as a responsible like gun owner is you know maybe don't go outside with a gun investigating a prowler if you're inside your family is locked inside your house that's what's most important unless you have kids out in the yard somewhere and they could potentially be in danger why leave

Starting point is 01:49:48 the safety and protections of your house where you might get shot might get shot by cops. So I think a good line in the sand is to not go outside with a gun for any reason. I mean, most states, I think Texas is the only possible exception under certain circumstances. You, although you should be able to, in my opinion, you cannot use deadly force in defense of your property. So somebody's breaking in your car and you go outside with a gun and you confront them and you end up shooting. them. If the justification for the shooting is that they were going to steal your car, that is a bad shoot, you're going to prison. Now, I don't agree with that. I think, I think we should,

Starting point is 01:50:32 I think we should be able to defend our property under certain circumstances like that, but that's not the law. Now, it has to be in defense of somebody's life, either your own or, or somebody else. So generally a good line in the sand, I believe, is to just not go outside with a gun, putting yourself in a situation like that. Like none of your property is worth your life unless you have family members that are actual and potential danger. That's a good line in the sand. And there are other ones that, you know, like I've personally thought of, for instance,

Starting point is 01:51:09 you know, if you carry concealed in public or this could apply at your home also. I think it's a terrible scenario to have to have to have to, explain yourself potentially, whether in court or through a lawyer or what have you, after having engaged in a self-defense shooting against somebody who's unarmed. Yeah. I mean, certainly that can be justified to shoot somebody in self-defense, even if somebody's unarmed under certain circumstances. Could be disparity of force, disparity in numbers.

Starting point is 01:51:45 You know, you could come up with a number of scenarios. But ideally, if I have any choice in the matter, I know ahead of time because I've thought these things through if I'm going out and I'm carrying a gun I don't want to be in that situation if I have to shoot somebody like I want it to be very clear that like the dead guy has got a gun or a knife like still in his cold dead hands that that's just a much better scenario now that doesn't mean I couldn't do it but I just really really don't want to go to prison. So if I have any choice in the matter, that's a line in the sand for me. Another one is like putting yourself in any sort of other situations, road rage. You know, when you're carrying a gun, you shouldn't engage in road rage anyways.

Starting point is 01:52:40 But you really don't want to do it, you know, when you're armed, you know, flipping people off in traffic or honking at them or whatever. nothing good is going to come out of that anyways but things really bad can come out of it when you're armed um so it's what you said make yourself a good witness right that's it's totally make yourself yeah but yeah and you just want to avoid you know i i think the responsibility of of being armed is that you want to avoid unnecessary drama and so you know yeah i think there's there's lots of lines in the sand that I think need to be drawn if you're going to stay out of unnecessary trouble one is road rage another is like getting drunk and being armed yeah there's lots of yeah that seems to be a big problem drugs and alcohol people are just too

Starting point is 01:53:31 whacked out yeah that's a big no no though right a bar a concealed weapon at a bar or something like that i think that's like super not it's just all these things i can't tell you how many people in these videos are just whacked out on drugs and alcohol and they just effed them especially like in police an airport arrest oh my god they're all wasted it's crazy john has this thing he says freedom is scary at the end of every yeah and it's really it really is it couldn't be more true you know and that applies both to the cops and to the people they're interacting with i think that's great last last question i just want to ask you know um is there a fine line between this you know we got this new guy in new york mondani

Starting point is 01:54:15 He wants to get rid of the cops. You know, San Francisco is like five hours from us. It's becoming Mad Max. And you tell people go, no, it's great. No, it's not because you don't know what it was. And it's not that at all. It was a world-class city. And now it's like just disintegrate.

Starting point is 01:54:34 I mean, Oakland's lost. Nobody who's been to Oakland would say it's great. I mean, it's just a war zone. Oakland was bad before. It's lost now. It's a war zone. It's gone. So do we have a five?

Starting point is 01:54:45 line, sir, between like, like understanding our rights and, and, you know, defending our rights against dick cops and understanding that, unfortunately, there needs to be some sort of buffer between law-abiding citizens and criminals who have nothing to lose. Yeah, I mean, it, I think there's always a balance between,

Starting point is 01:55:16 uh, freedom and safety. My, you know, my point is that our, you know, our founding fathers opted for a government and a society that valued freedom more than it valued safety. Yeah. And when the government wants to restrict our freedom, how does it do it? I mean, they use, they prey on people's fear, you know, like the Patriot Act. You know, the, like, so many, somebody, that's what they, that's what they use to justify, you know, spying on us, to justify growing the surveillance state, growing the government, growing, you know, the, you know, the, you know, every aspect of, um, of our government. And I think people should just value, place more, more value on their freedom. and you know it depends on it depends on the you know the exact scenario but i'd rather live in a

Starting point is 01:56:28 society where i'm free to move out of oakland or move out of new york and to move somewhere where where i'm free because in those places what is the government also doing they're restricting the law-abiding citizens from being able to defend themselves you know whereas in New York, they don't want you to be able to defend yourself. They want you to rely on the government to defend you. And, you know, that's unacceptable. You know, I'd rather live in a more dangerous place. It's like I use the example sometimes of Singapore.

Starting point is 01:57:04 You know, I don't think that's what Thomas Jefferson and George Washington and James Madison had in mind when they created our country. You know, a society where you could be executed for, smoking certain plants or possessing anything. It wasn't even a thing to criminalize the possession of an object at the time our country was founded. The first, the first, um, um, the first, um, the first law actually doing that, which, you know, George Washington wouldn't even understand this was like post-Civil War.

Starting point is 01:57:43 I think, I think it was like 1870s when they wanted to do. discriminate against the Chinese in California because they had their opium dens. And that was like the first American drug law. So when our country was created, there were like 21 criminal laws. It was like murderer. It was just the basics. And now we live in a society where even though we're not safe, we're not safe at all. Like it has been, it, everything has gotten so much more dangerous.

Starting point is 01:58:13 And it's not for want of loss. We have, what, like 10, 15,000 federal criminal laws. We have thousands and thousands of more state and local laws. And no lawyer in the country knows all those laws. Nobody knows all of those laws. So, like, they can get anybody at any time just because there are so many laws. And there are cops everywhere, absolutely everywhere. And so much more militarized than in the past.

Starting point is 01:58:44 And it has not resulted in. any additional safety at all. In fact, it's, it's become less and less and less safe, despite the government doing all these things, which they claim they're doing in the name of safety. Yeah, you're totally right. Yes, you're so right, dude. It is less safe than's ever been,

Starting point is 01:59:05 and we've had more laws than ever. You're totally right, man. Wow. I mean, it's one of the reasons I like living in West Virginia where, you know, yeah, I can't necessarily depend on the police to come save me because I call 911. It might take 45 minutes for them to get here. But I am safe because I have the freedom to possess, like, however many weapons I want. And, you know, people protect each other.

Starting point is 01:59:38 And I think that's how our country always was. And relying on the government to do that is just not a. effective. Our country was designed to have an armed society that was capable of defending themselves, not only from just criminals and people who had robbed and killed them, but also from potentially a tyrannical government. And so naturally, any government that wants to be tyrannical is going to try to restrict that or do away with it, which it is doing. So I, I, I, I think the best way to both be safe and be free is to increase freedom and allow people who want to be armed to be armed and protect themselves and protect each other. So, yeah, I don't think you can support the Second Amendment and also support the rest of the Constitution.

Starting point is 02:00:38 You can't support the Fourth Amendment without supporting the Second Amendment, which a lot of people try. to do and it just doesn't make any sense at all it's just a political um ideology it's just a political reason to do so i'm i'm an absolutist for for all of these rights for the first amendment second amendment fourth amendment um i i love them all well brother i couldn't agree more uh this has been an absolute banger of an episode uh one more time can you tell them where they can find you john yeah um you um you um you You can find my YouTube channel, just The Civil Rights Lawyer on YouTube. That's at the Civil Rights Lawyer.

Starting point is 02:01:19 You can also go to my website at thecivil rights lawyer.com. All right, brother. Thank you so much for coming on. It was honor and a privilege, open door anytime you want to. I hope you had a good time. We learned a lot from it. And I hope people listen and understand their rights. And, yeah, we appreciate you coming on.

Starting point is 02:01:38 Thank you very much. My pleasure. All right. Great show. Enjoy this breakdown and highlights. All right, guys, what did you guys think of John Bryan, the civil rights lawyer? I learned a thing or two. Yeah.

Starting point is 02:01:51 Yeah, me too. Yeah. It's funny. So many of those things are like counterintuitive or maybe not common knowledge. Like, but he brings up such a good point about these cops are kind of, you know how they bring people in? I was thinking about like to train NBA players now to like to interact with the public and not to get screwed over by gold diggers and stuff. Yeah. Cops are getting training like that.

Starting point is 02:02:10 Just because he ass is bouncing lady. Guys. don't get don't nut yeah yeah but really that's what even what charlie robinson right is one of these guys that goes and helps kind of cops are getting trained to be witnesses like that all the time against you stop resisting stop i'm like i'm not and they yell i'm not resisting yeah and you got you got a you got a i because my impulse is what he said is to kind of be one of these like you know what they call them uh sovereign citizens or you know i'm like trying to be a dick into it like i've seen so many videos where they're like i'm a sovereign citizen they're like i'm a sovereign citizen they're

Starting point is 02:02:42 Like, F you. Yeah, no, totally. And so he's right, though. You got to think about how you're, when you're in writing with the police, for every moment, you have to think about how this is going to look later to a jury in case you end up there, God forbid. And because that's the game the cops are playing. You got to play that game, too.

Starting point is 02:02:59 They got me. I thought every time they said stop resisting arrest, I thought the guy was resisting arrest. I was like, dude, sit your ass down. Stop, stop kidding. You know, it's very interesting is when something's everywhere all at once, and just these body cam videos seem to be coming out a lot everywhere. Oh, we didn't have them before, but yeah. But it's everywhere.

Starting point is 02:03:21 And isn't a play to kind of make people sympathetic to cops? It'd be. My cousin's cop, my grandfather's cop, you know. Yeah, my brother. The question is, like, if you live into like a small city, you're probably safer with no cops. But if you live in like a big city and you have no cops, It's fucking chaos, dude.

Starting point is 02:03:44 Yeah, the problem is that the more cops there are, the more likely there are to be bad cops on the force. And those are the ones. All of what we're talking about is bad cops. Those are the, because there are plenty of good cops that actually give a shit about your freedom and want to,

Starting point is 02:03:58 they feel like they're there to protect your freedoms. And those are the good ones. But some of them are, you know, PTSD, whacked out in the skull, coming back from Iraq, wanting to get a little juice or they couldn't get accepted in the military for whatever reason.

Starting point is 02:04:11 and they're getting revenge for high school. So many people are just living their lives like revenge for high school. Yeah, it's very crazy, dude. Yeah, it's crazy. Guys, if you go to samtripple.com, you can check out my, we'll get right back to discussion. Check out my go to Sam Tripoli events. You'll see all the dates coming up on this.

Starting point is 02:04:32 Bye, Chad. This weekend. I'm in New Orleans at Skangfest. The following week, I am in Vegas. Is it midnight? Let's go, Vegas. Midnight? What?

Starting point is 02:04:42 Oh, they're all night. They're all night. Oh, this says midnight. And all night. Yeah, I don't know. I just put it in there. Go down. Uh, going to be at Minneapolis.

Starting point is 02:04:52 Then I'm going to be in Morris Plains for New Year's. And then if everything goes according to plan, uh, World War debate will be live in, in, uh, Atlantic City at Caesar's Palace, the, uh, ACX-1 studio. So let's hope. I'm so excited for that. I am too. Let's hope we can go big game hunting.

Starting point is 02:05:13 It's looking pretty good. Suiting up? You look good in a suit. You suiting up? I'm going to. Look at Sam and I suit. I know. I was like, look at them.

Starting point is 02:05:21 People always say, you clean up really good. I just, like, last night I went up in my fucking trailblazers. I never know if that's a compliment. Like, I was doing, going through TSA. That means I look sloppy and I can look decent. I was going through TSA the other day and the lady looked at my passport photo, which is not that long ago.

Starting point is 02:05:38 And she's like, oh, somebody had a glow up. I'm like, oh, what a. I'm like you, buddy. Oh, yeah, but is that a compliment? Or you say, I like, glowing up, dude, you love glowing up. Yeah, and then what, so, you know, go check it out.

Starting point is 02:05:52 Hopefully you guys can be there. If you go to samtribu.com, tons of premium content there. If I get super slam, it's the only time I don't put out a ton of it, but it's all good. We got whatever this is, the Curt and Sam experiment,

Starting point is 02:06:04 which we were looking at how much to buy only farts. It's going to cost me about $2,500. Only farts. Yeah. You guys are killing over there. Chat B.E.T. All right. That was so funny. Except for black people.

Starting point is 02:06:17 They did not enjoy chat BET. Black people didn't like it. No, they didn't enjoy it at all. Now, is that just a one-off, like you on AI, or is that every week, you on A.A. No, we just, I mean, it might come up. The next one we did, and we just. But that's not part of this show. No, no, that's not true.

Starting point is 02:06:32 Dude, Kurt Metzker's huge in the AI right now, and he's just making all these amazing songs. And he tried to make a theme song for his new show. with Duncan Dressel. It's so fucking funny. Yeah, remember we played those in the very early days of that on Broken Sam where we would try to get like George Bush. He called you sandwiched triply.

Starting point is 02:06:51 Yeah, it's advanced. Yeah. It's way about cash studies. Cash studies is where a guy who just had surgery gives you excellent suggestions on how to invest your money. Yeah, some happened that they put some and he got hit by a ball of lightning

Starting point is 02:07:09 and now he's just crushing. I'm making a job. Oh, oh, I thought you were saying something having with this surgery. No, he's really good at calling. And if, dude, I'm trust me. Yeah, that's why he's got that white streak in his hair because he gets struck by lightning. Yeah, yeah, yeah. So he's killing it. And you know, you're like 20 bucks. That's a lot. But it's not when you look at what you get the possibilities of what you can make if you just pay attention. Yeah, and there's so much just educational value too. There's a community there of people who all talk to each other and share ideas. Do you know who I got to get on cash datties? Orney Adams.

Starting point is 02:07:39 Is he good with mine? Oh, he says he does. high volume. Oh, yeah, let's talk to him. Of trade, trading.

Starting point is 02:07:44 I could totally see that, dude, yeah, he's got the right energy. He's like, I do high volume. Yeah, we should have,

Starting point is 02:07:50 he would be great, he was great on Broken Sandley. Yeah, we'll have them. I love to do it. I really like him. I do too. Um,

Starting point is 02:07:54 he told a hilarious story about how he got kicked off of, uh, uh, comics unleashed. Really? Yeah, like Tom Green was on the earlier episode.

Starting point is 02:08:04 This leads into the famous, Norm McDonald. Is this old school comics Unleashed? Yeah, way back in the, the day leads into the comics on uh tom uh norm macdonald uh episode where like him and byron didn't get along it's a really crazy story we'll have them tell it um go to go to uh cash daddy's patreon

Starting point is 02:08:25 and check it out go down uh i think cast twins is almost done i got hit those guys you keep saying that yeah let's get that thing i want it okay i'll get it done i need my hands then go back cast twins just click that guys go to t-shirts dude t-shirts dude t-shirts shirts. If you guys have ideas for T-shirts, tell me, dude. New T-shirts coming out all the time. Syop season. Dude, oh, disobey. That's my favorite shirt.

Starting point is 02:08:51 They're all there, dude. Great one. A new secret shirt will be coming out very soon on the road. You'll be seeing that very soon. Any hints? Yes. It's about my closing bit. Oh, boy. Okay.

Starting point is 02:09:07 Wise Wolf Golden Silver, our good friends there, go to Wise Wolf, Golden Silver. And you could get in on the Press Meals games. And then the Mineral King, Pat Meltich, his thing, dude, if you got parasites, you want to clean up your soil, all that stuff, he's the best for that. Just click the banner. And obviously, my good friends, at Chemical Free Body, I took it during the last show. Bang, I take it every day. It keeps me feeling good.

Starting point is 02:09:32 Love doing it. And anything from EMF rocks, are we on or off? We're on. I don't know if you guys notice. I only say on or off, depending on the episode. Way, I'm off. If I said some stupid episodes, I'm off. It's not EMF rocks.

Starting point is 02:09:44 It's brain supreme. It's brain supreme. Yeah. Are you? Are you off? He's off. I'm not off. I'm off.

Starting point is 02:09:51 I'm always off. Anything else? Guys, what? Hit that like by and go check out my podcast. XG marks the spot. Really funny show. No, no. Candace took over, dude.

Starting point is 02:10:00 I gave it to Candice. Number two. It's okay. And you are, John. Yeah, I am Johnny. Broken Sim, check it out. It was a good one. We talk about Leslie Jones.

Starting point is 02:10:09 She's got a heart on for Tony Hinchcliffe. And we break down her video, looking like Oprah, yelling at Tony. Does she got a big one? I mean, I would assume. Oh, it's out. There it is. It's out. Bang.

Starting point is 02:10:21 J.B. pipe bomb, too. You guys go deep down the ride of the hole. Yeah, we're talking to Patrick, Bet, David, who I like saying the dumbest shit after. I think he's an idiot. I don't know why you like him. I like it. Because he says the dumbest shit.

Starting point is 02:10:31 That was the dumbest shit I've ever heard in my life. And he is not like a first for him. Why don't we humanize Hitler? This will make funable. People didn't like. Tom Brady and we put him on stage and we just roasted him. Why can't we do it? We're going to have Andy Hunt on who's on the next

Starting point is 02:10:45 episode come on and be like, mysteriously like eight out of the nine comedians died within a year and a half of doing that roast. Yeah. Yeah. Totally. You're going to, you think Naniel's going to be cool if you calling him a baby kill. Ah, ah, ah,

Starting point is 02:10:59 put his name on the list. Ah, ah, ah. I mean, it's just stupid. So, Johnny, the question comes down to when, when you get pulled by the cops, how should you play it? Yeah, I think be polite, right? Be polite.

Starting point is 02:11:15 If you ask you to step out of the car, step out of the car. If you're smoking pot, be extra sweet and nice to the cops. And then, yeah, it sounds like the other thing he said that I thought was really interesting is that as a gun owner, it's our, as gun owners, it's our responsibility to kind of game out these scenarios in our head, so we're mentally prepared. You know what I mean? Like, that's, I never thought about that. Like, why the fuck would you leave your house if you hear a noise?

Starting point is 02:11:46 If all your family's inside, everybody's safe, locked. Why the fuck you're going outside to investigate armed? Yeah. You know, get some cameras. They're cheap now. Cameras are dirt cheap because the Chinese are subsidizing him so they can spy on you. Yeah, I have all my, I have my entire property. Yeah.

Starting point is 02:12:04 Don't go fucking poking around. I'm getting shot by cops. Don't go fucking poking around. No, what's crazy. What I learned is I actually thought you were safer in your car than, like, being a pedestrian. Yeah, it's not true. I couldn't believe that when he said, dude, you have no, there's no, you have no rights in your car. Yeah, I thought it was.

Starting point is 02:12:22 Yeah, king of my castle, king of my castle, is my car, is my truck. Is it my house? Nope, not today. So if you're going to bang a hook or walk with her. We should ask what. We should ask what happens if you're living in your car. Is that? Oh, yeah.

Starting point is 02:12:35 That's interesting, Johnny. That was a great question you didn't ask. That was a great question. I didn't ask. So it was a great episode. Check out his links. We appreciate him coming on. Yeah, John Bryan, the civil rights lawyer, a huge YouTube channel. Johnny had the biggest lady boner during that whole thing. He was just moving his dream. I had a regular boner, my friend. Okay, all right. Thank you guys. Enjoy the highlights. Here's a clip from the latest broken sim. So Patrick Bet David, who I have been out on from the very beginning.

Starting point is 02:13:02 He always had a sleazy salesman energy to me. It's somebody who would say anything and do anything to get ahead. you were kind of a fan of his and now I would say maybe not not a fan of his I think this I love Patrick Bet David his Israel takes has been really hurting his brand yeah I wonder how much money

Starting point is 02:13:22 they paid him but this is probably the dumbest the dumbest thing ever said in the history of time like it's so dumb and he's got like Sam Trippley energy he's got the phone right up to his face

Starting point is 02:13:33 just going hard yeah here we go he's like I got a big idea can't wait I got a I got to do it on my phone. I got a brilliant idea. It's going to bring peace in the world. Here we go.

Starting point is 02:13:43 I'm going to get it out right now. So I have a crazy idea for Benjamin Netanyahu and Israel as well as the world. If you like it, tag the world. Tag the world. Just move on. Just move on. Don't come happy. That is the funniest part of this whole thing.

Starting point is 02:14:00 If you like it, share it. If you don't like it, leave me alone. Leave me alone. That is. don't even remember that. That is so, but that suits fire, though. Can we agree on that? That's a fire suit. Please don't kill me for defending a mass murderer. This is, that's the funniest part of this whole thing. I got a great idea. If you love it, share it. If you don't like it, fuck off.

Starting point is 02:14:22 Leave me alone. Leave me alone. There we go. Benjamin Netanyahu is sitting. If you like it, tag the world, share with everybody. If not, just move on. I think the world needs a comedic roast of Benjamin Netanyahu sitting right in the middle with the greatest comedians in the world from America, from the Middle East, from Egypt, from everywhere. Just making fun of Benjamin Net Yahoo. From that Hamas. Let's get some Hamas comedians to come make fun of Benjamin Ayahu.

Starting point is 02:14:51 Just like I have so much to say. So crazy. Many, many years ago, just like they did with Tom Brady. And Tom doesn't like. God, it's someone. Neither does Trump, but they took it. And what happened? All the people that hated Brady, they moved on.

Starting point is 02:15:04 All the people that hated Trump were like, yeah. Did Brady kill anybody? How many people did Brady kill idiots? What's going on here? Idiot, you stupid fuck. It's not slowing down. People are going back and forth. Oh, that makes me.

Starting point is 02:15:17 Why not create a setting for people to say everything they want to get it off their chest? You really like, like, nobody sits there and says, well, I feel like there's nothing I can say about Israel because if I do, I'm going to get canceled. Here's your opportunity. No, this is. To come and say whatever you want to say number two. Did you run this by anybody? Here's Israel's opportunity to say. Did Benjamin, you know, no kill a member of your?

Starting point is 02:15:37 family. Come on here and tell some jokes. Make fun of us. Let's move on. Trust me, there's a lot of people that are going to hate this idea. Yeah. 99% of the world. I think. The only there's maybe 2% that might like it. People related to Benjamin Netanyahu

Starting point is 02:15:53 will think this is great. And even Jews got to be like this is the dumbest idea ever. Like this is like, that I don't know about. You know, I know there are a lot Jews who are like they say now it's up to like 67% American Jews think Nanyahu is fucking gone too far.

Starting point is 02:16:07 No, yeah, yeah. What he's trying to talk about is humanizing Netanyahu. Why would we want to humanize Netanyahu? Why would we want... You know what I think. I think we should just, you know, if I'm, if you don't like it, just move on.

Starting point is 02:16:22 If you do like it, tag everybody you know. I think we should just get Adolf Hitler on a stage and just tell a lot of jokes. Everybody. Polish people, people from Czechoslovakia, Yeah. Maybe Winston Churchill could even tell, maybe write some jokes for Winston Churchill.

Starting point is 02:16:41 And then we just, we just tell a few jokes about it off Hitler, you know? I mean, it worked for Tom Brady. Tone deaf. It's tone deaf. Because what he's saying is just Netanyahu is like kind of misunderstood. And maybe this would humanize him. It is. And it's like he's not misunderstood.

Starting point is 02:16:59 He's understood perfectly. He is a scumbag. Okay. He is a war criminal scum. scum bag, okay? And the reason... What is he thinking? The reason, like, some like Putin isn't look like this or Zelensky isn't look like this,

Starting point is 02:17:16 because they're fighting with each other. Yeah. Everyone knows this is a one-sided battle because Netanyahu's funding the other side. It's that own hiccup. And not only that, that he's paying for ISIS to masquerade as Gaza to cause more chaos. This guy doesn't need a roast. This guy needs to be put on a fucking chopping block and have his head cut off. That's what he needs.

Starting point is 02:17:40 Like, this is so tone deaf. And I tend to like some of the stuff that Patrick Bet Davis doing. This is obviously he is, obviously, it's like he's like, it's real hard for me not to think he's getting paid off. He is. It's real hard. Like Vinny is just there to give the show some credibility. They allow him to tee off. Because he's gotten worse and worse on this issue as it's gotten worse for...

Starting point is 02:18:06 Adam is absolutely a retard on the show. He sounds so stupid. I don't watch it. I mean, I watch clips because Vinny is my friend and I really used to love the show. I like Vinny. Vinny's been my friend for a long time. We've had weird moments, but overall, I like Vinny. It's that Hicks joke, you know, about Iraq war.

Starting point is 02:18:25 He's like, yeah, war is when there are two armies fighting. Agreed. This is a genocide. Everybody knows it. they only want peace treaties so they can rearm, resupply their soldiers, just do it over. If you'd like to hear the rest of this episode, subscribe to Broken Simulation in your podcasting app or check us out at YouTube.com slash sam Tripoli. We go deep, homeboy.

Starting point is 02:18:53 Aaron, open your mind. Drink from the fountain of knowledge. There's lizard people everywhere. That's some inter-dimensional shit. Wake up, Aaron. This is only the beginning. Dude, you just blew my mind. Timfoil hack.

Tin Foil Hat With Sam Tripoli - #942: Lines in the Sand: Surviving Cops, Stops, and the 2A Battlefield With John Bryan

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