WEBVTT - Ask A Cop!

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<v Speaker 1>Get your hands together, we're going to start the party.

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<v Speaker 2>I'm ready to party!

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<v Speaker 1>The Elvis Duran After Party.

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<v Speaker 3>This is what we like to call the After Party Podcast.

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<v Speaker 4>Yeah!

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<v Speaker 2>Now, not that long ago we were talking about what

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<v Speaker 2>you should or should not do if you're pulled over

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<v Speaker 2>by a cop. So I thought, well, if we're going

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<v Speaker 2>to talk about what you should or should not do

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<v Speaker 2>after being pulled over by a cop... an officer of

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<v Speaker 2>the law, we should actually talk to a police officer.

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<v Speaker 5>So, Brendan.

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<v Speaker 4>Hi, Brendan.

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<v Speaker 5>How you doing?

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<v Speaker 4>Good. How are you guys?

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<v Speaker 5>Hey. I feel safer now that you're with us. This

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<v Speaker 5>is good news. Brendan works outside of Syracuse, upstate. Is

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<v Speaker 5>Syracuse considered upstate?

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<v Speaker 4>Yeah. It depends on who you ask. Exactly.

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<v Speaker 5>It's like on the fringe.

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<v Speaker 2>Anyway, so, Brenda, we were talking about how you should

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<v Speaker 2>respond to questions from a police officer, what you should–

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<v Speaker 2>but I've heard attorneys say, no, you do not say

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<v Speaker 2>the following things because it's your right to not disclose

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<v Speaker 2>things because you could get yourself in trouble. So can

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<v Speaker 2>you settle this for us? If we get pulled over

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<v Speaker 2>and you say to me, hey, do you know why

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<v Speaker 2>I pulled you over? Gandhi told me to say, no,

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<v Speaker 2>I don't know why you pulled me over. Is that

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<v Speaker 2>what I should say?

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<v Speaker 4>That is a fair statement to say. Oh, there you go.

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<v Speaker 6>Okay.

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<v Speaker 4>Wow.

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<v Speaker 5>I hear some legalese in there.

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<v Speaker 4>I love it.

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<v Speaker 2>All right. Now, is it that you want me to say, oh,

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<v Speaker 2>I know, I was driving 75 miles per hour?

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<v Speaker 4>I mean.

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<v Speaker 2>Yeah.

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<v Speaker 4>I mean, of course. As a police officer, that's why

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<v Speaker 4>we ask you.

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<v Speaker 7>You know, if we ask you and you're just admitting

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<v Speaker 7>to committing a traffic infraction or something like that.

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<v Speaker 3>How stupid are people to say, oh, yeah, we're doing

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<v Speaker 3>75 in a 40. Does people actually do that?

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<v Speaker 5>Yes.

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<v Speaker 4>I mean, it's more of just the admission of guilt. Oh, God.

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<v Speaker 5>Do you appreciate honesty then? If I say I'm doing 75,

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<v Speaker 5>are you going to say, all right, he was an

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<v Speaker 5>honest guy. I'll cut you some slack.

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<v Speaker 4>Personally, yeah. Okay.

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<v Speaker 1>Okay. All right.

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<v Speaker 8>I also feel like, what if they pulled you over

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<v Speaker 8>because your license plate was expired? And then in the

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<v Speaker 8>process of that, you're like, oh, I was speeding. Then

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<v Speaker 8>you get two. If you have a jerk car.

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<v Speaker 6>Yeah.

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<v Speaker 4>You know, listen, there's a bad apple in every tree. Sure.

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<v Speaker 5>Right.

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<v Speaker 3>When I was getting pulled over and then I was

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<v Speaker 3>really nice to the lady. And then she said, I

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<v Speaker 3>wish I hadn't started writing this ticket because I don't

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<v Speaker 3>want to give it to you now. Is that true?

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<v Speaker 3>Once you start writing it, you have to finish?

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<v Speaker 4>Not exactly.

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<v Speaker 5>She did get me out of it.

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<v Speaker 4>There's always a way to get around it.

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<v Speaker 3>She did get me out of it.

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<v Speaker 5>It just sounds weird. It sounds weird that she said that. Well,

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<v Speaker 5>I don't know.

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<v Speaker 2>I just, okay, let's say it's nighttime and you pull

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<v Speaker 2>me over because maybe I'm swerving a little bit, you know?

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<v Speaker 5>It looks like I'm impaired in some way.

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<v Speaker 2>That's where it could get tricky. Let's say I had

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<v Speaker 2>one glass of wine. Should I tell you I've had

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<v Speaker 2>a glass of wine? Or should I say I haven't

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<v Speaker 2>had anything? Or should I say I'd rather have an

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<v Speaker 2>attorney with me here.

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<v Speaker 5>To talk to me? I don't know what to do.

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<v Speaker 4>So, I mean, it really just depends on the person.

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<v Speaker 7>I mean, if you have a glass of wine, right,

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<v Speaker 7>and you said, yeah, I had a glass of wine,

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<v Speaker 7>and we can run through standard field sobriety tests, which

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<v Speaker 7>more times than not can prove the intoxication of the person.

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<v Speaker 2>See, I've done– this has happened to me. I was

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<v Speaker 2>pulled over because I ran a stoplight, almost hit a

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<v Speaker 2>cop car.

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<v Speaker 4>Lord!

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<v Speaker 5>Can you please– have you been drinking tonight, sir? I

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<v Speaker 5>said I had a glass of wine, and so therefore I– I.

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<v Speaker 2>Got out of the car. I had to touch my nose.

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<v Speaker 2>I had to, you know, count backwards and all that

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<v Speaker 2>kind of stuff. And he's like, okay, you're fine.

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<v Speaker 5>You're fine.

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<v Speaker 2>He said, I'd rather hear you say that you hadn't

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<v Speaker 2>had any wine because you didn't have wine.

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<v Speaker 5>I don't want you drinking and driving. He was very great,

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<v Speaker 5>and so I left. But I don't know.

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<v Speaker 2>If you say I've had a glass of wine, it

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<v Speaker 2>kind of opens all doors for anything to happen, right?

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<v Speaker 4>Yeah. That it definitely does.

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<v Speaker 8>I can't pass those sobriety tests sober. Do the alphabet backwards?

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<v Speaker 4>I can't do that.

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<v Speaker 8>I can't walk a straight line on my best day.

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<v Speaker 5>I think they know that.

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<v Speaker 1>Okay.

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<v Speaker 2>So I don't want you to tell on yourself and

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<v Speaker 2>other police officers out there, but there are ways to

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<v Speaker 2>kind of get people to kind of walk themselves right

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<v Speaker 2>into jail.

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<v Speaker 5>I mean, by saying a lot of things.

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<v Speaker 4>Yeah, definitely.

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<v Speaker 7>But honestly, my biggest thing is I tell people is

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<v Speaker 7>if you comply with everything, let's just say you are

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<v Speaker 7>drunk and, you know, we get you on a DWI.

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<v Speaker 7>If you as long as, you know, the crazy situations

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<v Speaker 7>where you don't kill anybody, if you just comply with

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<v Speaker 7>everything we do, we'll drop you back off at home

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<v Speaker 7>after we're done.

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<v Speaker 2>Well, you know, I'm speaking for all cops. I grew

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<v Speaker 2>up in a little tiny town in Texas, and that's

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<v Speaker 2>the way it was. If you were drunk driving, they

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<v Speaker 2>would make sure you got home and went to bed.

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<v Speaker 5>But I don't know.

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<v Speaker 2>Drunk driving is such a serious thing. I mean, people die.

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<v Speaker 2>People are killed by people who are drinking and driving.

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<v Speaker 2>And so, God, it's a tough one.

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<v Speaker 5>What up, Skiri?

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<v Speaker 4>We have so many Ubers and Lyfts nowadays.

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<v Speaker 5>So I got a question.

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<v Speaker 6>If you happen to have one of those PBA cards,

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<v Speaker 6>you know, like that you get from your friends and

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<v Speaker 6>your family, and I present that to you, is that something,

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<v Speaker 6>and I don't live anywhere near, let's say, Syracuse or

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<v Speaker 6>where you are.

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<v Speaker 5>Is that something that you take into account? Do you

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<v Speaker 5>honor that? Or are you like, get out of here?

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<v Speaker 5>I don't know who these people are.

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<v Speaker 4>And it depends what it is. If it's a traffic infraction, absolutely.

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<v Speaker 6>Okay.

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<v Speaker 4>Okay.

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<v Speaker 7>You know, obviously the more serious things, you can't really

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<v Speaker 7>turn your head because then I'll get jammed up.

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<v Speaker 4>Right.

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<v Speaker 1>Fair enough.

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<v Speaker 8>What is the best thing I can do to get

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<v Speaker 8>myself out.

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<v Speaker 3>Of a ticket?

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<v Speaker 4>Hmm. Be nice. Be respectful. Right. Be respectful.

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<v Speaker 8>Like a sir, ma'am.

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<v Speaker 4>Not even that.

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<v Speaker 7>Just being, you know, we pull somebody, people over and

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<v Speaker 7>they're automatically mad at us.

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<v Speaker 4>Before we even say hello or anything.

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<v Speaker 5>So that doesn't help matter.

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<v Speaker 2>So if I, Brendan, if I called you a ma'am,

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<v Speaker 2>you would let me off.

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<v Speaker 4>Oh, Elvis, anything for you.

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<v Speaker 5>What up, Froggy?

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<v Speaker 9>I know there's ways that officers can help, like when

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<v Speaker 9>you get a ticket. For example, Gandhi got pulled over, allegedly,

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<v Speaker 9>for doing 40-something in a 25, and he wrote it

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<v Speaker 9>for 39.

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<v Speaker 5>How much does that help?

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<v Speaker 9>How helpful was that, 39 versus the 40? Is that

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<v Speaker 9>a lesser charge, or what does that do?

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<v Speaker 7>Well, I mean, it's still a traffic infraction. They kind

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<v Speaker 7>of are all on the same, at least for, you know,

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<v Speaker 7>where I work. But yeah, it could, you know, show

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<v Speaker 7>the courts because obviously the courts are completely different entity

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<v Speaker 7>than we are. We write the ticket and it goes

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<v Speaker 7>to the courts. So maybe the fines might not be

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<v Speaker 7>as high. Maybe it's a different, you know, speed bracket.

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<v Speaker 8>That's what it was in my case because had I

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<v Speaker 8>been going however many miles more, the fine would have

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<v Speaker 8>been higher and apparently the points would have been higher also.

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<v Speaker 5>Okay.

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<v Speaker 8>So he said he knocked.

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<v Speaker 4>It down a few. Yeah. Oh, I did you a favor.

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<v Speaker 5>There you go.

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<v Speaker 7>All right.

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<v Speaker 4>So if you pull us.

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<v Speaker 3>Over and you say get out of the car and

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<v Speaker 3>I say I don't have to, that's probably not a

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<v Speaker 3>good thing, right?

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<v Speaker 7>No, and actually, there's a Supreme Court case of Pennsylvania v.

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<v Speaker 7>Mims where we can ask anybody to get out of

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<v Speaker 7>the car, and we have the right to do so.

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<v Speaker 3>Really?

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<v Speaker 2>Well, that's not what the algorithm attorneys are saying on Instagram.

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<v Speaker 5>They're saying that it's all a probable cause thing in

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<v Speaker 5>these attorneys' eyes anyway.

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<v Speaker 6>Right.

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<v Speaker 2>If someone says, you know, you pulled me over. If

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<v Speaker 2>I ask, why did you pull me over, Officer Brennan?

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<v Speaker 2>And you say, because it smells like you've been drinking. Well,

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<v Speaker 2>you can't smell my breath while I'm driving, so obviously

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<v Speaker 2>there has to be a reason to pull me over.

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<v Speaker 2>But you could basically just pull a reason out of

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<v Speaker 2>the sky, right? Well, you were swerving, or you were speeding,

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<v Speaker 2>or whatever. I don't know. I don't want to sit

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<v Speaker 2>here and pretend to be a junior attorney in the

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<v Speaker 2>front seat of this car and try to slice and

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<v Speaker 2>dice you until you say, okay, sir, just go home.

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<v Speaker 5>Because I know that's going to infuriate you, so I'm

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<v Speaker 5>Where do you draw the line here?

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<v Speaker 2>Because there are laws that protect us against things that

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<v Speaker 2>you guys could easily, easily commit.

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<v Speaker 4>Correct. And that's kind of like what I said.

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<v Speaker 7>There's always a bad apple in a tree. But personally,

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<v Speaker 7>when I put my name on something, I 100% know

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<v Speaker 7>that's what I saw, that's what I heard, smelled, everything.

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<v Speaker 3>Oh, oh, oh, I have a question. If I keep

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<v Speaker 3>postponing my trial date because I pleaded not guilty, is

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<v Speaker 3>that more like you won't show up eventually? Like that's

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<v Speaker 3>what I've been told.

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<v Speaker 4>It's a possibility. Just depends on, you know, the officer

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<v Speaker 4>and everything.

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<v Speaker 5>Could be. I do have a serious question.

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<v Speaker 1>So we've been talking about it from the perspective of

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<v Speaker 1>being pulled over. But for you, you know, people are

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<v Speaker 1>scared when they get pulled over. They don't know what's

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<v Speaker 1>going to happen. Like, my brother's been a police officer

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<v Speaker 1>for 25 years. Like, what goes through your mind? Are

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<v Speaker 1>you scared when you're walking up to a car and

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<v Speaker 1>you don't know what's going on? You don't know the

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<v Speaker 1>person you pulled over? What goes through your head, Brendan?

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<v Speaker 6>Yeah.

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<v Speaker 7>Probably it's, it is always nerve wracking because honestly, traffic

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<v Speaker 7>stops are one of the most dangerous things we do

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<v Speaker 7>because you're behind somebody and you can't see them other

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<v Speaker 7>than maybe the.

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<v Speaker 4>Back of their head.

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<v Speaker 7>So you try to get up there and observe everything

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<v Speaker 7>in the vehicle, no matter if it's, you know, 90

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<v Speaker 7>year old grandma sitting there or a 16.

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<v Speaker 4>Year old new driver.

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<v Speaker 7>You just try to observe everything inside the vehicle and

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<v Speaker 7>try to get, you know, the best area where you're

0:10:13.420 --> 0:10:14.920
<v Speaker 7>standing just so you can see that.

0:10:15.340 --> 0:10:17.360
<v Speaker 9>Well, would it be safer if you guys pulled in

0:10:17.500 --> 0:10:19.400
<v Speaker 9>front of the car you were pulling over and then

0:10:19.500 --> 0:10:21.320
<v Speaker 9>walked to where approached it from the front?

0:10:21.340 --> 0:10:22.140
<v Speaker 5>Would that be safer?

0:10:23.240 --> 0:10:24.020
<v Speaker 4>Definitely not.

0:10:24.059 --> 0:10:26.260
<v Speaker 7>Because if you think about it, you're now walking towards,

0:10:26.340 --> 0:10:29.020
<v Speaker 7>and let's just say somebody does.

0:10:28.840 --> 0:10:31.640
<v Speaker 4>Have a gun or whatnot.

0:10:32.520 --> 0:10:36.980
<v Speaker 7>Um, you're just standing in open view and they can just,

0:10:37.960 --> 0:10:38.940
<v Speaker 7>you know, take off on you.

0:10:39.500 --> 0:10:43.359
<v Speaker 2>Well, look, officer Brendan, uh, we appreciate your time with us. And, uh,

0:10:44.530 --> 0:10:45.910
<v Speaker 2>And thank you for putting your life on the line

0:10:45.929 --> 0:10:46.510
<v Speaker 2>for us every day.

0:10:46.530 --> 0:10:49.570
<v Speaker 7>I appreciate you guys. Just want to say I've been

0:10:49.590 --> 0:10:52.650
<v Speaker 7>listening to you for years. I've been, you know, middle school,

0:10:52.690 --> 0:10:55.470
<v Speaker 7>high school, and now here I am, you know, living

0:10:55.490 --> 0:10:57.530
<v Speaker 7>my dream as a police officer. And I listen to

0:10:57.550 --> 0:11:00.699
<v Speaker 7>you guys while at work. So I appreciate you guys.

0:11:00.720 --> 0:11:02.920
<v Speaker 7>You always give me a laugh every day.

0:11:02.940 --> 0:11:07.219
<v Speaker 5>Well, thank you for your service. Officer Brendan, everybody.

0:11:07.260 --> 0:11:07.439
<v Speaker 4>Yeah.

0:11:07.840 --> 0:11:08.760
<v Speaker 5>Have a safe day out there.

0:11:08.800 --> 0:11:15.420
<v Speaker 4>Okay. I appreciate you guys. The Elvis Duran After Party.