Why is it so few Americans know their constitutional rights when stopped by the police?

The law on the issue is more complex than you realize I think.

While in this situation, this was probably the best way to handle it, it very well could have turned out differently. For example, the officer could have arrested the driver for speeding, he did not have to give him a ticket. He could have questioned the other passengers and made a judgment call that the guy from the back seat was probably high, then arrested him. He could have looked into the car windows and seen the bong. If he had probably cause (which wasn't clear from the video), he might have arrested the girl too and impounded the car. Any one of those would have given the officer the power to search the car.

He also has the power to search the car after ordering the people to step out of it as a matter of protection (not the trunk though, only the areas within reach of the driver or passengers). The policy is that we don't make an officer remain in danger to search for weapons, he can secure the people who could use weapons before searching for them. In any detention, the officer can make a brief search for weapons, but can search for nothing else (so he can't look anywhere where weapons couldn't be hidden or easily accessed, like the trunk or small containers). But if he happens to find something else, like the bong, during his search, he can seize it and make an arrest.

EDIT: It's not that the video is useless, by the way. Always put your hands on the wheel and be courteous (even if the cop is being rude). If you need to avoid getting your car searched, I won't stand by it, but this method is an option, but certainly not fool proof. I've been in cars that were pulled over a few times (including once as the driver) and they've never been searched because nobody ever acted like they had something to hide. Nobody was asked to step out of the car and nobody got arrested. Cops have a lot of discretion and there are a lot of exceptions to the 4th amendment (I had to memorize them for the bar exam). If they are having a bad day, they don't like you, or you piss them off, it's not that hard for them to find a reason to search or arrest you.

If they pulled you over, they already have to have reasonable suspicion of a crime. Probably cause is not that much more, and that's all they need for an arrest. The kids in this video would be lucky to get a ticket.

EDIT: Watch the longer video. It's designed to teach some specific points of law and all points of law discussed are correct. What it does not claim is that the way these kids handled the situation would prevent a search. It might, but it might not.

http://www.youtube.com/watch#!v=yqMjMPlXzdA&featur...

Ive had alot better experiences when I was just cooperative and friendly. Being evasive like this kid did in the video would be all 'some' cops need to decide that you are acting irrationally and therefore they believe you are 'on something' and they could detain you, call another officer and search your car anyway.

Seen it happen, been in a car where another guy did the talking and thats how it ended up.

Ive stood in bad weather at night outside a car with no jacket for an hour while they searched the car because someone thought they were a smooth talker.

Ive been pulled over for allegedly matching a description of someone 2 or 3 times and questioned at length also.

Can you be pulled over for no reason? Of course not, the officer must have probable cause that a crime (including a minor traffic violation) has been committed. Since I can't remember the last time I've driven without committing a minor violation (e.g. a couple MPH over the limit) you can be pulled over pretty much any time. That being said, the handful of officer's I've had pull me over have been quite respectful of my rights, and in no way resemble the ****** in this video.

Agree with Joe, just because the law guarantees you those rights doesn't mean you won't face any consequences. Cops are people and people have tempers so if you piss one off the only person thats really gonna lose is you. Sure they will play ball and operate within the guidelines of their powers but they will really find ways and means to inconvenience you. So when dealing with cops its a good rule of thumb to just play it casual, and go on about your rights it will make the process a lot quicker.

Yeah, its amazing alright. I asked the same question over in the "Politics" section. You'd be amazed at how many "Liberals" who know every one of their "Constitutional Rights" but have never even read the U.S Constitution or even has the slightest clue what it stands for..

Ha! Try to explain to a Texas cop what your constitutional rights are and I can guarantee you will regret doing so. Chances are you will get beaten mercilessly for "resisting arrest"

We are easily intimidated. good post