2 Questions You Should Ask The Police?

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what's up guys Mike the cop trying to

get this video in before the Sun Goes

Down real quick officer Daniels the og

of cop comedy he sent me a tick-tock I

wasn't really a funny tick-tock it was

of Ethan Ethan ostrov law talking about

two important questions that you have to

ask the police when you're stopped by

them check it out do you ever get

stopped by the police ask them two

questions one am i under arrest and two

am i free to leave if you are not under

arrest they must let you leave remember

that if you're in a bad situation at the

time I'm making this video that tik-tok

had over 33,000 likes to it which means

there there are at least 33,000 people

roaming around who believe that they

understand their rights but do not to be

fair mr. Ethan Ostroff law whom I'm

assuming from looking at his content is

a lawyer made a follow-up video thanking

police officers for their service so

I'll play that as well are you police

officers who were upset at my last post

first and foremost thank you you guys

sacrifice your lives at times for people

like me to be safe I can't tell you how

much I appreciate you I just think it's

important for people to know their Fifth

Amendment rights against

self-incrimination so I don't really

have an axe to grind I'm not like mad at

this guy or whatever else I really

didn't dig into the comments in in the

original video or anything like that I

don't hold any ill will toward this dude

I do want to assert that that good cops

which are almost all of them

statistically are sworn to uphold and

defend the Constitution I love the Fifth

Amendment like I love the other

amendments and so should you and that's

great knowing knowing and understanding

you for the amendment rights against

self-incrimination is super important

it's super super valuable and valid in

our society into the criminal justice

system so note no negativity there at

all the problem is that he articulates

these two questions you should ask and

there is a huge gap in between that is

missing that is super important when

considering what you should or shouldn't

say to the police when you are stopped

by them the first question of is am i

under arrest

well I mean that's a valid question

typically you're going to be told that

you're under arrest sometimes situations

are very very fluid and you end up in

handcuffs and maybe no one has told you

you're under arrest yet but you are but

sometimes you can also be detained and

still be in a handcuff so we'll get to

that in a second bottom line is when

you're arrested you're gonna be told

even if by implication of the fact that

you're in the back of the cop car

driving to the jail you're going to know

you're under arrest

contrary to popular belief or perception

you also do not have any legal right to

have your Miranda rights read to you or

told to you before you're arrested

that's not a thing I have a video in one

of these corners that'll pop up that

goes into that that's not a thing so

what you have to understand is that to

make an arrest

requires probable cause that you have

committed a crime okay so there has an

officer has to be able to articulate

from the law in their report and in

their court testimony that there was

probable cause and what that was to make

an arrest in your situation whoever you

are getting arrested okay that that is

the level needed to arrest you

now the level needed to convict you is

beyond a reasonable doubt so it's even

higher okay but take a step back because

most of the time cops are coming in

contact with people they're not being

arrested they're being detained and so

if the cop says you're not under arrest

that doesn't automatically like the

video implies or states that you're just

free to go they have to let you go

that's not true because there is a step

in between called detention being

detained and that simply requires that

there's a reasonable suspicion that a

crime has occurred or is occurring or

about to occur and there's an

investigation that's taking place on

some level on the part of the officers

that doesn't necessarily mean you're

free to go doesn't necessarily mean

you're gonna be arrested so there is an

in between a lot of people watch the

sovereign citizen videos and they say am

I being detained and if I'm not then I'm

free to go but if you are then you're

not I mean that's common sense a couple

of quick examples to just illustrate

this for you that just because you're

being detained doesn't mean you're being

accused of anything it doesn't mean that

you're you're going to jail or being

arrested but you're also not free to

leave traffic stops are a great example

of that you are being detained you're

not being arrested you're not free to

leave particularly even if you're a

passenger in the vehicle so if you're a

passenger and you watched Ethan Ostroff

law tick tock and said am I being

arrested am i under arrest and the

officer going to look at you with a

really goofy look on his face and say no

[ __ ] [ __ ] chippy

and you say well am I free to leave he

may say sure hop out of the car see you

later I don't care or whatever or he may

say no I would prefer you staying here

to the traffic stop is over he has the

legal right to do that to control the

movement of all the passengers of a

vehicle so you are being detained and

you've committed no crime so be careful

because that question could Jam you up

because now if you hop out of the car

against the officers lawful order to

stay in it and start running away but

now you have committed a crime now that

question am i under arrest might come

into play another great situation would

be let's say that whether it's real or

whether it's a perception of neighbors

maybe you're having a loud discussion

with your wife you're arguing about

something and police get called by

multiple people hey I think there's some

domestic situation happening but they

show up and they start talking to you

guys they're investigating that maybe

there was a domestic violence situation

maybe there wasn't either way you are

being detained during the course of that

initial investigation because based on

those phone calls are based on some

other circumstances maybe there is

reasonable suspicion that an assault has

occurred and so they're going to

investigate that and during the course

of that you may be be being detained and

not free to leave but an arrest may not

result in that it might so the questions

aren't the problem it's the fact that

just being free to leave if you're not

under arrest is actually it's it's bad

information it's it's not true it's

there's not a level of a universal

principle that that could be stated on

even even when defending the fifth

amendment so that's my pro tip for you

when you're interacting with the police

now this video isn't trying to justify

misuse of police force or detention or

false arrest I'm not trying to defend

that I'm just trying to clarify because

for you guys that are out there wanting

to exercise your

rights if you going to exercise them you

need to understand them and I think that

needed to be clarified because it was

very inaccurate all right that's me you

can find me on tic toc now Mike the cop

and maybe I'll see out there I got a

brush the dust off some of these short

comedic videos okay good