In the area I live in yeah, pedestrian searches are treated completely differently than vehicle searches. In legal terms, if you know your rights. Technically by driving a car on public roads its implied consent to search your vehicle because they "smell weed" or whatever they say. If you're a pedestrian or on a bicycle or any kind of public transit or something like that theres no implied consent and 4th ammendment rules against unwarranted search and seizure apply. Probable cause for a search, if you get it on camera, needs to be reasonable suspicion you were involved in an actual reported crime, and they need to specifically name an actual previously reported crime to legally force a search, and the search applies only the scope of looking for evidence related to the specific criminal actvity they're accusing you of committing. This only applies if you know all of this, and know how to state it to the officers detaining you.
"Am I being detained, or am I free to go" are magic words. Talking to police is completely voluntary until you ask why you're being detained. They need a reason to detain you to force you to continue to talk to them. This also applies to the whole "Naming an actual reported crime" thing and you can still plead the right to remain silent even if you match someone's "Description" Matching a generic description isnt a crime, and isnt justification for an unwarranted search. My county doesnt even require me to show them ID or tell them who I am. I usually do though, cause Im not some kind of activist. I just know my rights.
As a pedestrian you can't resist anything they want to try to do, but if you say that you dont consent to a search they cant do anything legally without some kind of probable cause meeting that whole criteria, that will hold up in court. Ive had cops try to illegally force a search while I was recording it. If you know what youre doing its actually really helpful to teach abusive public servants what the scope of their authority actually is. The police can't walk up to you on the street and demand to search you for no reason
Some people are dumb though and go out looking for trouble. If you're actually doing anything illegal none of those rules apply if youve got a camera or not. Its important to know your rights, but a lot of these auditor videos are legit people being dicks, Ill give you that.
Free Speech
↑ View this comment's parent
← View full post
In the area I live in yeah, pedestrian searches are treated completely differently than vehicle searches. In legal terms, if you know your rights. Technically by driving a car on public roads its implied consent to search your vehicle because they "smell weed" or whatever they say. If you're a pedestrian or on a bicycle or any kind of public transit or something like that theres no implied consent and 4th ammendment rules against unwarranted search and seizure apply. Probable cause for a search, if you get it on camera, needs to be reasonable suspicion you were involved in an actual reported crime, and they need to specifically name an actual previously reported crime to legally force a search, and the search applies only the scope of looking for evidence related to the specific criminal actvity they're accusing you of committing. This only applies if you know all of this, and know how to state it to the officers detaining you.
"Am I being detained, or am I free to go" are magic words. Talking to police is completely voluntary until you ask why you're being detained. They need a reason to detain you to force you to continue to talk to them. This also applies to the whole "Naming an actual reported crime" thing and you can still plead the right to remain silent even if you match someone's "Description" Matching a generic description isnt a crime, and isnt justification for an unwarranted search. My county doesnt even require me to show them ID or tell them who I am. I usually do though, cause Im not some kind of activist. I just know my rights.
As a pedestrian you can't resist anything they want to try to do, but if you say that you dont consent to a search they cant do anything legally without some kind of probable cause meeting that whole criteria, that will hold up in court. Ive had cops try to illegally force a search while I was recording it. If you know what youre doing its actually really helpful to teach abusive public servants what the scope of their authority actually is. The police can't walk up to you on the street and demand to search you for no reason
Some people are dumb though and go out looking for trouble. If you're actually doing anything illegal none of those rules apply if youve got a camera or not. Its important to know your rights, but a lot of these auditor videos are legit people being dicks, Ill give you that.