Under the Fourth Amendment, police can only lawfully seize a person (including handcuffing) when there is probable cause of a crime or at minimum reasonable articulable suspicion of criminal activity; since seatbelt violations are civil infractions rather than criminal offenses, they do not satisfy this threshold, meaning officers cannot legally require identification or use physical force based solely on such violations.
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Officer Handcuffed Passenger Over Seatbelt Violation | Does Police Have This Authority?Added:
Did I commit a crime?
>> No. You're commit You committed a violation and >> That's not a crime. So, why do I have to give you an ID?
>> Because I can write you a ticket for your seat belt.
>> So, write the ticket.
>> I still I need your identification.
>> And I got to I'm not giving you ID.
>> Okay, well, that's not how this is going to work.
>> So, how's it going to work then? I didn't commit a crime, so what are you going to do?
>> A passenger was handcuffed during a traffic stop not for any crime, but for refusing to identify himself after a seatbelt infraction, a civil violation that carries no criminal penalty under any US jurisdiction. Under the Fourth Amendment, a lawful seizure of a person requires either a warrant, probable cause of a crime, or at minimum reasonable articulable suspicion of criminal activity, a threshold a seatbelt violation does not meet. What you are about to watch is a live collision between a citizen who knows that distinction and officers who are willing to use physical force to override it.
>> See, right? You didn't do nothing wrong.
>> You go around that pothole.
>> You didn't do nothing wrong.
>> I don't understand. See, they got it out for us. It's crazy.
>> I'm telling you, put your window down.
I'm going to record all this [ __ ] I'm going to stay quiet.
>> Here's your side of it. He's Why is he just sitting behind us?
>> It's a female.
I want to see what they pulled this home before. I want to see this [ __ ] >> She came like flying after me, too, for no reason, bro.
>> Hi guys, I'm Officer Pedro with the police department. I have you recorded.
Can I see your license and registration?
>> There's my registration.
>> Thank you. How about your license?
>> What am I getting pulled over for?
>> Uh you rolled through that stop sign.
>> What stop sign?
>> The stop sign.
>> You're lying. There's no stop sign.
>> yield, right?
>> No, it's a stop sign. It's a stop sign.
>> But, why you come following us anyway?
>> Anyways, it's fine. It's fine.
>> saying I was just turning around and coming back.
>> I'll show you a I'll show you a sign.
>> Do you have any ID on you, bud?
>> I'm not giving you anything.
>> You have to. You don't have a license.
Uh seatbelt on, bud. You got to give me your license.
>> The seatbelt's broken.
>> It doesn't matter. Then, you don't have one on you.
So, can you give me your ID?
>> I didn't Did I commit a crime?
>> No.
>> You're commit You committed a violation >> That's not a crime. So, why do I have to give you an ID?
>> Because I can write you a ticket for your seatbelt.
>> So, write the ticket.
>> I still I need your identification.
>> And I got to I'm not you ID.
>> Okay, well that's not how this is going to work.
>> So how's it going to work then? I didn't commit a crime, so what are you going to do?
>> You committed a violation.
>> What is a violation? It's a citation.
It's not a crime.
>> arrestable offense. I'm supposed to write you a citation.
>> If I don't know, I'm not going to do your job for you.
>> Well, I can't I can't write you a citation.
>> So we're going to sit here all night, ma'am. I'm sorry to tell you. We're going to sit here all night. I didn't commit a crime.
So I'm not I don't have to give you anything.
I'm not going to make your job easy, bro. I'm telling I'm telling you the seat belt's broken. Give the citation.
Do whatever you got to do.
>> Because I didn't come to a complete stop. Are you kidding me? This is insane.
>> But ma'am, you really don't have to come to a complete stop. Hey, shut it off.
Shut it off. Shut it off.
This is harassment. [laughter] I'm trying I'm going to sue them. I'm going to sue them. I'm going to sue them.
Don't worry. They got to I'm not giving her no ID, bro. I didn't commit no crime.
>> You You're They can't ask your passengers for [ __ ] >> She said I didn't have a seat belt.
>> It's a violation. It's not an arrestable >> But it's broken. The seat So just give me a ticket, yeah.
>> It's not an arrestable offense, though.
She could ticket me. That's what's supposed to happen is the driver supposed to get ticketed if anything.
>> not how it's going to work. There's no crime involved. So why do I need to give you anything? I'm not giving no one >> This is wild.
>> I'm not giving no ID.
>> And I'm like I know what cuz I had slowed way down to go past that pole, so I couldn't have been speeding.
>> I'm telling you.
>> So I'm wondering >> No, it's just us. They straight harassing us, bro. Straight harassing us.
>> It just doesn't make any sense. All right, bud. So this is how this is going to work.
>> Here's the deal.
>> If you just give me an ID, right, then we don't have to do this. And I don't have to ask you to step out of the car and do all that stuff. So if you just give me an ID >> For what crime did I commit?
>> Because you're not wearing your seat belt. You have to ID yourself because I If I know you're not a >> That's not a crime, honey. It's not a crime.
>> It's a violation.
>> Listen, for me to give you ID, it has to be a crime involved. All right?
That's not Well, I don't know what kind of code you're following because I follow the God's laws and I follow the law of the land.
I'm ID'ing I'm not giving I didn't commit a crime. If there's a crime involved, I'll give you my ID. I'll be more than happy. I'll be more than happy to give you my ID if there's a crime involved. Your whole police [clears throat] station knows who we are, so it's like why y'all playing games with us though? Why are you guys playing games, man? Y'all obviously know who I am.
>> I I have no I have Have I ever met you?
>> Of course, this is the game YOU GUYS PLAY. OH, LET ME LET ME LET this guy pull him over so he doesn't know. I'm tired of y'all games, man. We're sick of it. I'm sick of y'all people. I'm sick of y'all. Y'all good for nothing. You're a corporation that collects money from people. You don't help the people, all right? You're You're You're a private corporation trying to do business with me. I don't want to do business with you. What's the big deal? I don't want to do business with you.
Do what you got to do. What are you going to do? You You're going to You're going to cause yourself a a 1983 settlement for no crime involved and you're going to do all this for no crime for a citation.
I don't have an ID.
I don't have ID.
I'm not giving you any information.
There's no crime involved.
>> And and most of the cops know us around here.
>> If I committed a crime, then you then I'll be more than happy, but there's no crime. Where's the crime?
Tell me what crime I committed so I can give you my ID and we can handle this.
It's a citation a violation. Then I'm not I'm not going to help you do your job, man.
Here's the deal.
I'm not I'm not frustrated. We just tired of the police harassing the people. We're tired of you guys.
It don't matter. We Do wear that outfit.
Is Do you Do part of the blue foundation? You part of the brotherhood?
I'm just explaining to her that I didn't commit a crime. We just We just Here's the deal. Here's the deal.
Ma'am, [clears throat] you could get it if I commit a crime. Cuz Is there a crime that I that I committed so that I can give you my ID?
>> Here, hop out.
>> Here. Here.
>> Cuz if they arrest you, then you definitely got a lawsuit, 100%.
>> What What crime?
No, I'm not.
Give me the a and I'll identify.
Look Look a violation of the law right here. You go get your identification one of your keys of captain. They know who I am bro. Like I'm not going to play these games with you guys. You guys identify yourself. I messed up when I got my ID.
>> No.
>> Is this taking you to jail because of >> I'm not going to identify because I didn't commit a crime. So I'm >> Over a seat belt.
>> Okay, can you put your hands behind your back for me?
>> This is This is unlawful right here. You see this [ __ ] Unlawful.
>> You just need to identify yourself.
>> all good. Unlawful. It's all good.
>> any weapons or anything on you tonight or anything?
>> I don't consent to anything.
>> And it's not that he committed a crime, so he doesn't need to identify. It's a violation over a seat belt.
>> All right, so this is what I'm going to tell you, right? So now >> Here's the deal.
>> is is a secondary >> It's a secondary crime, which is which is >> No, it's not. Right, so that's an >> Violations aren't laws.
>> It's a It's a secondary crime, but where's the first crime?
>> You you you're not wearing a seat belt.
I don't know >> I don't got none of it. No, because I'm done with you guys. I'm >> Cuz YOU GUYS PULLED ME OVER FOR NOT coming to a complete stop.
>> That's it. Everybody complies and does what you guys say. That's what I'm saying. We We live in a free land. This is America.
>> What did you say?
>> We don't live We don't live in Nazi Germany where you need papers to walk around town. This [ __ ] This is crazy.
>> This is all over supposedly I didn't come to a complete stop at the stop sign.
>> It does have to be this difficult. We need pushback because you guys are the ones stop. You won't stop.
>> I but I've never met you.
>> It don't matter. You're part of the the Are you part of it? You're part of the program.
It don't matter. Your voice It don't I don't care if you're targeting me or not. Police just I don't That's it. It is what it is.
>> If he's a passenger in the car and this the stop has nothing to do with him.
>> This is unlawful. I'm telling you.
Watch. I'm I'm definitely suing for this.
>> Okay.
There's no no >> so. I hope you go to jail tonight. I really hope you guys like jail, bro. I'm not playing with y'all no more.
>> All right.
>> I'm done with this [ __ ] for real.
>> Now cuz they Let's see if they take you to jail. Now, I want to see if they take you to jail.
For not giving them an ID when you didn't when you didn't wear a seat belt.
>> The seat belt thing is broken, bro. It's broken.
>> Well, then you shouldn't be riding if you ride in the back cuz you're required to wear a seat belt, Bella.
>> It's believed he's right.
>> You mean by by statute? Because it's not law.
See what I'm saying? Like you know my name, right?
>> They know who you are.
It's harassment.
>> Yeah, I I don't know who you are.
>> Maybe you don't personally, but the police station does.
>> Y'all know him.
>> Oh look, we got to have another cop come. We need backup.
We need backup. Look at this. We need This is how many cops we need for not wearing a seat belt.
>> This is where we live.
>> I've been telling you this.
>> This is wild.
>> It's ugly. It's ugly.
It's got to stop, bro.
We ain't doing nothing wrong. There's no crime been committed.
>> Do you know the type of clearly you haven't seen this before.
>> [laughter] >> I don't really care.
>> Okay, what's the problem?
>> Oh that's funny.
>> It's too cold for this man.
I'm hot. I'm good. I'm ready I want this. You know that?
>> It was real simple. You could have just gave me my ticket and let us go home and eat our pizza with our children.
>> Look at that. That's how I feel.
So this this is where we stand.
>> We're hard working people. We work hard.
We don't break laws. We don't do anything illegal. This is [ __ ] crazy.
>> Yeah, I'm just standing for my rights, man.
>> All right. No, I hear you, bro.
>> Not even committing no crimes and I never will.
>> What are you doing here? You guys been arguing or something?
>> No. She pulled me over said I didn't come to a complete stop at a stop sign and now she wants his ID cuz he didn't have a seat belt on.
>> Well, she's perfectly okay in doing that, but >> He didn't commit a crime. He doesn't have the ID himself.
>> It's a civil infraction. You have to produce that. Surely we went over this in court that one >> You give IT TO THE DRIVER THEN.
>> That's fine. Yeah, that >> Give me the ticket. Yep. Give me the ticket. Thank you.
Are we relaxed now?
>> I've been fine.
>> He's been relaxed.
>> I just got to let y'all know that this has got to change.
>> It's harassment.
>> We're not committing crimes. It's not Listen, I I want to tell you it's Okay, there's a difference between legal and lawful. You guys follow a legal statute code, which is okay. And that's what you believe in. But I believe in being free.
And I understand I've seen the information and I I know it and I know it in my heart.
>> And I understand all that, right? But that's still what we follow. Do you get that? Whether I I agree with you or not, that's still the >> And you stand there and I stand here.
This is what I'm saying.
>> That's fine.
>> That's where we at.
That's where we at.
That's why I'm not mad. I just, you know, I might be a little passionate, you know? That's what it is.
Yeah, so you know, I get excited and >> Okay, so this is what's going to happen.
I'm going to take you out of cuffs, okay? You're going to go back in the seat and we're going to be good.
>> Thank you.
>> Okay.
>> I just want to make sure you're >> I'm good, man.
>> You good?
>> No.
>> No.
>> We're not in trouble, just relax.
>> Under the radar?
>> Yeah.
>> Yeah, baby.
>> We don't want no problems.
>> Ain't no >> We good?
>> Yeah, we good.
>> All right, bro.
>> All right, man.
>> Appreciate you.
>> The Fourth Amendment to the United States Constitution prohibits the seizure of a person, including placing them in handcuffs, without probable cause of a criminal offense or at minimum reasonable articulable suspicion of one. And a seatbelt infraction classified as a civil violation does not satisfy either threshold.
The officer failed to establish any criminal predicate that would legally obligate the passenger to identify himself. And the second officer on scene acknowledged as much when he directed that only the driver needed to produce identification.
Any driver or passenger who understands that distinction crime versus civil infraction, arrest versus citation, holds a concrete legal basis to decline an identification demand and to document the encounter precisely as this passenger did.
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