Is this video correct?

[Silent memory]

This is a video of what happens if you are stopped by police. Even though it says in others be the same website that laws change from state to state, I would like to know in the capacity of a US LEO if this video is really correct.

http://www.youtube.com/watch?v=iXNhL...feature=relmfu

(BTW, ignore the comments on the youtube page as it reads like a headache of us V them).

Another was regarding plain view rule which can it seems be liable for probable cause for searching a vehicle.

What are your thoughts and what varies from state to state (not that I plan on turning up and trying this myself in the near future).

[Michael J. Bray]

Mr. Northcote, I am an American L.E.O. The video is partially correct, partially incorrect. Search and seizure here are complicated topics constantly being reviewed by the appeals courts. We have much more leeway in a vehicle search becaues of it's mobility. In all cases however we must have probable cause to search, or voluntary consent. There are legal VOLUMeS on these issues so I won't even toy with the idea of going into them. Even if we did so, one slight change in circumstance might change the entire discussion. Our Constitution protects us from "unreasonable searches and seizures". While there are guidelines they are always being questioned and challenged and the reasonableness of a search is usually decided on a case by case basis. Would I tell somebody to use this video as a base for their demeanor if stopped?? NOT if I were carrying anything illegal

[Silent memory]

I found the video polarized in the way it portrayed the actors as either downtrodden and the policeman as a overbearing "thug".

If, as you have said, people used this as a defense for stop and search would basically put the idea that it may escalate things if someone thinks the police is "the man" that the underdog is trying to fight. Mostly I saw it as a all police are loud and shouting people that wear wide brim hats who seem to get a kick out of stopping people. Even though the premise is speeding it seems to go into TV film mode Maybe that is why I asked for I doubt police would be that upfront for no reason.

Anyway thank Michael for your answer.

[cejames]

Lets make an assumption for the purposes of this discussion. Lets say this guy is right on. What qualifications does this guy have to make this film and the statements therein, i.e. is this guy an attroney? Is this guy a judge who would arbitrate this kind of stuff? Is this guy a law professor teaching under that umbrella?

Maybe, like many youtube presentations, we should ask the questions as to how this person became qualified to advise in these matters. Even if he has credentials it is often best to discuss this with attorneys/lawyers who have experience and background in the law before we make any assumptions as to validity, doesn't that sound a bit more plausible?

Regards,

Charles J.
p.s. because if one were to follow this advice is this guy going to put out the money for an attorney and going to court even if it is just to get a judge to throw it out? Would he provide attorney's fees if the prosecutor had a bug under his ass and wanted a quick conviction, etc.?

Buyer beware, always, right?