88 votes

He Has No Drugs And Knows His Constitutional Rights via Ben Swann

Great video showing manipulation of K9 dog - very sad.


http://youtu.be/w-WMn_zHCVo

Today, I was alerted by a viewer to this video as he asked for help sharing it. It was taken not even 24 hours ago by a young man in Rutherford County, TN by the name of Chris Kalbaugh. Chris was stopped at one of these checkpoints last night and as you will see in the video he complied with the law. The whole time Chris was recording his encounter with police. Over and over his constitutional rights were violated and once again he was told the same thing so many of us have heard over and over: that we must sacrifice our liberty for safety. In Chris’ case, none of the conduct by police in this video made him or anyone else on the roadways in Rutherford County any safer.

http://benswann.com/he-has-no-drugs-and-knows-his-constituti...



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Update

Sheriff says there was no wrongdoing:

http://www.youtube.com/watch?v=SYdQ2S4bNS8

Call the sheriffs dept

Call Detective Pagel At 615-904-3032 and Let Him HearYou. Tell Him That Ross Needs To Be fired

He could have remained silent when the cop

asked him his age. I wonder how the cop would have reacted to that tho?

Could have also remained silent in response to the

cop's question of "how are you doing tonite?". Again..i question the remaining silent approach..want to hear more debate on it..the pros and cons..

Roll up to the check point and say one thing only

I follow the constitution and in light of that I plead the fifth amendment. If I am being detained I want a lawyer. I do not consent to any searches. Not another word , If we all did this it would end these "check points"

I want somebody to try this out and record it and put it on

youtube

In a movie or a TV show...

Perhaps the script would cast him in a favorable light if he wanted to be "confrontational" (from the perspective of LEO) as you suggest, but often times it does not play out like that and the authoritarian establishment media often allows the story to be spun in favor of the police regardless of their merits all the while he may risk temporary detention (or worse) for some trumped-up charge.

What this man did was in line with someone weary of unnecessary private intrusions by the government and it's enforcers but completely even-keeled in manner. If the officers were trained properly (aside from the policy of their department that put them in that scenario in the first place), then they should have just let him pass. At the most (in keeping with the guise of a DUI checkpoint), they could have quickly performed a horizontal gaze nystagmus test even with the man in the car and his window ajar as in the video.

Perhaps the man was watching these videos:
http://www.youtube.com/user/FlexYourRights

I would say this man did a textbook "Flex Your Rights" maneuver with a hint of "Police Tape" recording added for good measure. Bravo!


http://youtu.be/K9gXQbKCE-M


http://youtu.be/3kVX6NIPzB0

5:09 mark..huh?

<..but he's perfectly innocent and knows his rights--he knows what the Constitution says> ...does the cop think he's perfectly innocent? if so, why is he searching his car? or was there a bit of speech missing before that, and the cop doesn't not think such?

No.7's picture

No, the officers were making fun of the kid and the Constitution

Did you hear him laughing?

The individual who refuses to defend his rights when called by his Government, deserves to be a slave, and must be punished as an enemy of his country and friend to her foe. - Andrew Jackson

ya, i'm pretty sure there was an edit in the video feed

a second just before that

I know that cop

...that cop is from the Rambo (1st blood) flick from the 1980's.
Rambo walking through looking for a place to get a bite, and BAM he's in all kinds of trouble for doing absolutely nothing.
He's the cop from First Blood.

fireant's picture

My plan if ever I encounter a roadblock is to

pull off the side of the road and park before I get to their station. I simply choose to not participate in an unconstitutional checkpoint. From there, I'll use Mr. Middleton's dialogue as noted below if they come to meet me.
It just seems to me if you pull into their checkpoint, you are accepting it as valid. I'd welcome thoughts on this strategy.

Undo what Wilson did

I wonder if ole AJ Ross is

I wonder if ole AJ Ross is now wishing this whole thing would just go away.

“Let it not be said that no one cared, that no one objected once it’s realized that our liberties and wealth are in jeopardy.”
― Ron Paul

I'm pretty sure that's how

I'm pretty sure that's how most criminals feel after they've been caught. Sad thing is I'm pretty sure this will just go away for this officer/s without any real repercussions.

Alternative Approach

Perhaps rather than asserting your rights (especially if you don't have a camera recording it) you could say things like "Even though I am not legally required to comply to the best of my knowledge, you will punish me if I do not, correct?" or even "Since asserting my rights will be construed as suspicious, I have little choice but to comply, is that correct officer?"

Basically the idea is to subtly use language to point out to the cop that he is basically being a tyrant without being antagonistic. A lot of cops are just trying to do their job and don't think too deep about the big picture.

In some cases you may even sympathize with the police and say that it's terrible that they're being required to violate people's rights because of the stupid laws being passed that don't do much besides make their job more difficult and dangerous.

I haven't tried any of these, but I'm just thinking I'd have better results doing something like this than a more direct confrontation.

"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him?" -Thomas Jefferson

This same thing happened to me a few years ago in Texas

outside of Austin.

I noted some of the things the driver might have done wrong but I think the evidence he got on video is pretty solid for a lawsuit. The literally admit guilt at one point, surprised he was able to keep that footage with these types. Stupid mistake on their part.

Every traffic stop is different so you can't really script these things out. In my case I was the passenger and the driver consented to a search though I protested. I was handled severely for that including being isolated on the highway and groped by the officer. Nothing much came of the incident though I probably had the means to levy a lawsuit and the FOIA report turned up to have omitted information and no dashcam footage supposedly was not recoverable. Videos go a long way to get these guys.

We have got to put a stop to this or at least a fear in every cops minds that if they do this they will pay a severe price for violating liberties. We have lost a respect for peoples rights in this country and we desperately need a return to respect of natures law.

Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty.
www.yaliberty.org - Young Americans for Liberty
www.ivaw.org/operation-recovery - Stop Deploying Traumatized Troops

We need to start

forming very well regulated militias to arrest these psychos and throw them in prison. Voting is never going to fix these problems. We need to change their training and be stronger than them to bring them to justice. The very act of seeking to control an innocent man IS mens rea and multiple crimes result from these activities. It is better to not comply with them at all so that one will have a valid cause of action for criminal felonies against these criminal men.

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...

Cops are out of Control

By and large Police are showing up all over the country in videos like this. It's a mentality issue. I think they're too far gone to ever come back.

No.7's picture

Why didn't their dog catch their own officer selling cocaine????

http://www.murfreesboropost.com/dea-deputy-caught-traffickin...

The individual who refuses to defend his rights when called by his Government, deserves to be a slave, and must be punished as an enemy of his country and friend to her foe. - Andrew Jackson

This is the law you sue the

This is the law you sue the pigs under:

USC Title 42 §1983:

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia."

If you disagree with me on anything you are not a real libertarian...

Unfortunately he did not know his rights.

The assumption that Chris does know his rights is completely incorrect.

I think all should review Attorney Eddie Craig's recommendations.

PDF:
http://www.fraudstoppers.org/wp-content/uploads/Transportati...

Link to audio presentation:
http://www.fraudstoppers.org/transportation-stop-action-script/

"Also, DO NOT attempt to “educate” the officer(s) about what they can and cannot do or the law associated with “transportation” or the Code of Criminal Procedure. Register your verbal objection to their actions for the record by following the procedures below. Napoleon had it right when he said “Never interrupt your enemy while he is busy making mistakes.” Learn from this wisdom or you WILL make your own “fatal mistakes.”
Once you know the officer(s) name(s) and badge number(s) use them both together as often as practicable as shown in these procedures. Make him/them aware that they are being directly associated with any unlawful and illegal acts or violations of your fundamentally protected rights in which they might otherwise engage during this encounter. While it is not fatal to the situation if you fail to do so, it is relatively important that you try to do things in the order and verbiage presented below.
REMINDER: It is important that the only things you say to the officer(s) are specifically directed at the reservation and protection of your fundamentally protected rights and nothing else. Once you have invoked your rights NEVER waive or abandon them by ignoring the recommended procedures listed above and below.
Simply repeat the verbiage in items 1 & 2 as necessary for each new officer you speak with.
NOTE: Sub-items 2(a)-(c) are optional, but are also potentially useful during the discovery process if the claim is made later that the officer’s equipment was “malfunctioning” during the encounter. Bear in mind that these questions and statements by you are VERY important to the record you are trying to build, try to remember this and use them accordingly.
1) For the record, may I get your name and badge number please?
2) Officer _____________ Badge/ID # ________, is there a recording being made of this encounter?
a. Is that recording comprised of both audio and video?
b. Are you relatively certain that your recording equipment is functioning properly for the purposes
of making this recording?
c. Is your body microphone and camera, if any, turned on and functioning properly to the best of
your knowledge?
3) Officer _____________ Badge/ID # ________, what is the emergency and how can I help?
4) Officer _____________ Badge/ID # ________, what facts or information are you alleging gave you
probable cause to stop and accost me?
5) Officer _____________ Badge/ID # ________, do you have a properly signed and issued warrant
authorizing you to search me or my property?
a. (IF YES) Officer _____________ Badge/ID # ________, do you currently have that alleged
warrant in your possession, if so I would like to see it please?
6) Officer _____________ Badge/ID # ________, do you have a properly signed and issued warrant of
arrest that accurately describes or names me as the person to be arrested?
a. (IF YES) Officer _____________ Badge/ID # ________, do you currently have that alleged
warrant in your possession, if so I would like to see it please?
7) For the record, I am not “operating” in a “for hire” capacity by engaging in any form of “transportation”
or other commercial use of the highways. Officer _____________ Badge/ID # ________, please
acknowledge that you have been so informed.
8) Officer _____________ Badge/ID # ________, am I under custodial arrest?
9) If I am not under custodial arrest then am I free to go?
10) Officer _____________ Badge/ID # ________, what is the articulable probable cause that leads you
to believe that I have committed or am about to commit a crime that authorizes you to stop and
detain or arrest me?
11) For the record Officer _____________ Badge/ID # ________, in order to protect my rights and not
waive any by error or accident, I wish to clarify my legal understanding of the situation:
a. You said that I am not free to go, so I must conclude that I am in a custodial arrest and not simply
an investigative detention.
b. Therefore, I am invoking all of my fundamentally protected rights, including my right to remain
silent and my right to assistance of counsel.
c. From this point forward I do not consent to providing you with any information or documents that
could or will be used against me in a court of law or to possibly incriminate me, so please do not
ask me to produce anything and give it to you.
d. From this point forward please do not ask me to answer any questions or to perform any form of
test relating to any matter whatsoever without my attorney present.
e. Officer _____________ Badge/ID # ________, do you intend to harm, injure, or punish me by
any method of assault, arrest and/or incarceration because I have invoked these fundamentally
protected rights?
Understand this, when you refuse to produce the demanded documents or to answer any questions, the
officer is going to begin to get upset and continuously state that “… the law REQUIRES that you produce a
driver’s license and other information on demand of a law enforcement officer.” They are also prone to
falsely accusing you of obstructing or interfering with a public duty/officer or just outright threatening to
commit acts of violence against you and/or your property. DON’T FALL FOR THIS, IT IS A SCARE
TACTIC! Invoking and refusing to waive your fundamental rights is not and cannot be converted into a crime.
And if they DO arrest and charge you falsely for interfering/obstructing then you get to sue the crap out of
them. Just remember, when the officer(s) continue to demand that you produce a license, registration, proof
of financial responsibility, or any other information or document(s), despite their threats, repeat the following
ad nauseum:
12) For the record Officer _____________ Badge/ID # ________, no law is valid if it requires me in any
way to waive any fundamentally protected right in order to exercise any other right or alleged
privilege. And no law can convert the free exercise of any right into a crime. I have repeatedly
informed you that I choose not to waive any of my fundamentally protected rights.
13) So, I ask you again Officer _____________ Badge/ID # ________, do you intend to harm, injure,
steal my property, or otherwise punish me for invoking my fundamentally protected rights?

WARNING: BE PREPARED FOR THE OFFICER TO DO OR THREATEN PRECISELY THAT, AND THEY USUALLY START
BY THREATENING YOU WITH ALL MANNER OF UNPLEASANTRIES, INCLUDING FALSIFIED CRIMINAL CHARGES. YOU ONLY
NEED TO USE SUB-ITEM “A” ONCE ON THE FIRST OFFICER THAT THREATENS YOU. WHEN S/HE/THEY BEGIN(S) TO DO SO,
STATE THE FOLLOWING:

a. Officer _____________ Badge/ID # ________, due to your attitude, demeanor, and your
continuous threats to falsify charges and commit acts of violence against me and my property
while displaying a deadly weapon, I feel physically threatened and in fear for my life. I demand
that you cease and desist and request the immediate presence of a supervisor. I do not consent to
any of your actions, the use of force against me or my property, or to being forced to exit my car
for any purpose, especially so that you may attempt to steal my property and/or assault, injure or
kill me.
14) Officer _____________ Badge/ID # ________, you are fully aware that I have already invoked my
fundamentally protected right to remain silent and my right to assistance of counsel. Do you intend to
continue in your unlawful efforts to violate my rights?
a. It is my belief that the information you are demanding may possibly be used against me in a court
of law or in an attempt to incriminate me.
b. And if that is so, then, upon the advice of legal counsel I must respectfully decline to provide you
with any information or evidence that possibly can or would be used against me for those
purposes.
15) Officer _____________ Badge/ID # ________, I am asking you again, do you intend to continue to
deny me in my rights and to falsely imprison me or am I free to go?
WARNING: Be certain to keep your face as far away from the window opening as possible while sitting
normally. Never exhale or speak directly into the opening or toward the officer(s) face(s). Doing
so will almost certainly result in the following scenario. Read the Do’s and Don’ts to better
understand why.
If the officer makes any statement making a direct accusation against you or directed toward escalating the
stop to the status of a DUI or drug bust situation, and they almost certainly will, you MUST be prepared to
rebut it INSTANTLY. If any officer makes ANY statement resembling either of the following, BEWARE and
immediately respond accordingly!!
OFFICER: “Sir/Ma’am, I smell alcohol/marijuana and I am going to have to ask you to step out of the
vehicle.”; or
“Sir/Ma’am, are you aware that you ( allegedly did something ) and I am going to have to ask
you to step out of the vehicle.” (Be sure that s/he IS lying in this case.)
16) YOU: Officer _____________ Badge/ID # ________, your statement is patently false and
an outright lie. Are you now trying to fabricate probable cause by making false statements into
the record and false allegations against me?
a. Even if they threaten to have a canine unit report to the scene or to break out your windows you
must not waive your fundamentally protected rights out of fear. Tell the officer “I do not consent
to being detained for any additional time or other purposes. Am I free to go or are you going to
continue to illegally terrorize, threaten and falsely imprison me beyond the time needed to
conclude this alleged “transportation stop?”
b. Repeat steps 12 – 16a as required for each new or continued demand or threat imposed by the officer(s).
This information is brought to you by: Eddie Craig Co-host on Rule of Law Radio (www.ruleoflawradio.com & www.logosradionetwork.com) Eddie Craig will soon be launching a brand new site geared toward publicizing and organizing the efforts of the patriot community groups and organizations. The site will be called www.taooflaw.com. Go on Facebook to learn more. Search for “Tao Law” and make a friend request. You can also go directly to the site launch info page by searching for “Tao of Law” and reading up on what the site will provide as tools, resources, and features to its members and users. Be aware that this information is always evolving out of necessity. Watch the version number in the upper right-hand corner to see which one you are using. Always try to use the latest version. Go to http://www.logosradionetwork.com/tao/ for a preview of what the site will have to offer the American patriot community."

Also this long presentation by Attorney Eddie Craig starts at 15:30

http://www.youtube.com/watch?v=8KeLe1LKpMI

Awesome Info

One question...

I'm not smart enough to memorize all that. Is there a condensed list for all of us IQ-limited individuals?

I'll admit, I haven't read the entire post yet but I stopped

because it was obvious in this case, that cop wasn't answering any questions. I doubt many would "cooperate" with that list of questions in situations like this.

"When the power of love overcomes the love of power, the world will know Peace." - Jimi Hendrix

If we want to think about

something more scary...be careful when buying a used car or rental car, heck, this even goes for new cars. The previous person(s) in possession of the car, could have transported drugs in the car. Think about getting stopped at one of these checkpoints, you've never been involved with drugs in your life, and the dog alerts on the truck of your car. Try and convince these police officers you've never done drugs in your life.

Just a suggestion, take any car you buy to your local police station and have them check the car for drugs. If you can, get them to verify the results in writing. Until we return to sanity in this country, an ounce of prevention is worth a pound of cure.

Another i would be pissed

Another i would be pissed about is a dog jumping and scratching my car, love my car. I wonder how cops would react if you made a window sticker on the back of your car that read something along the lines of " notice for protection of myself and property this vehicle had cameras installed"?

Beep beep boop beep... I am a Paulbot... prepare for liberty and prosperity!

Sorry about sloppy wording

Sorry about sloppy wording

Beep beep boop beep... I am a Paulbot... prepare for liberty and prosperity!

Checkpoints are unconstitutional

The supreme court is wrong to uphold DUI checkpoints, these are clearly "unconstitutional" because they violate the 4th Amendment.
Hey COPS...How is that "uphold and defend" part of your oath working for you?
Hey COPS...Can I turn around and go the other way when I see a roadblock/checkpoint up ahead (to protect my 4th amendment rights) and not be "guilty" of something?
It is difficult to not be guilty of something nowadays with the way the police conduct themselves...it seems there's only two kinds of people in USSA today...
the caught (in prison/jail), and the uncaught (those not yet in prison/jail).

I could not leave a comment on Pew toob w/all snoop blocks

F/u google. Tiny flacid (ms) Good for you young man. May you spawn 40 offspring and teach them well. "I thought about being a cop but I decided to finish high school".

Aaron Russo, Nikola Tesla, Ron Paul, I'm jus' sayin'

Manufactured Probable Cause

.

___________________________________________________________________________
"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard

The worse

part about this video is reading Youtube comments. Oh my gosh. I almost want to cry. It is truly upsetting seeing people side with the police on this one. The kid did nothing wrong.

I've seen so many people comment saying, " Just give him your ID and roll your window down and everything would have been fine."

It's like saying give up your rights... They are making every thing safe for you.

It's like the whole NSA comment. When people say " If you are doing nothing wrong, you got nothing to worry about". Ughhh!!! Do I hate that comment.

I could care less about drunk drivers. You can easily catch a bad drunk on the road. Picking on every citizen is wrong!

I am highly against a DUI check. If I see one. I try and find another way around it.

Seriously cops scare me now. I hate that feeling. Every time I get pulled over. I worry if they are going to kill me, plant something on me or arrest me for nothing.

Some cops do their job right though! So when a good cops does something right. Spread it. Because we need to let people know that good cops still exist. A small amount but still.