A lawful Terry stop under the Fourth Amendment requires reasonable, articulable suspicion of specific criminal activity, not generalized suspicion of presence near closed businesses; when officers cannot cite a specific statute or establish this threshold, the detention becomes unconstitutional, and citizens have the right to refuse identification, demand a supervisor, and challenge the stop's legality.
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He Fights Back Against This Ridiculous Traffic Stop本站添加:
What was the law? What What are you pulling me over again for, sir? For suspicion. Is that correct?
>> You keep driving on closed businesses.
>> Doesn't Is that illegal?
>> They're all closed. Nobody.
>> Is that illegal? Is that illegal? He has no answer because it is not illegal.
It's a violation of my constitutional rights. Right here, you're witnessing it, guys.
>> A driver was detained for over 13 minutes in Fort Smith, Arkansas. And the only reason the officer ever gave for the stop was suspicion of being round closed businesses. Under the Fourth Amendment, a lawful investigative stop requires reasonable, articulable suspicion of specific criminal activity.
A standard that the word suspicion alone categorically fails to satisfy what this driver does need. XT with his children in the car surrounded by five police vehicles is a direct application of constitutional rights under pressure.
>> Ford Smith, again, I've done nothing. We pulled over to check the uh the fuel how it's going and he turned his lights on.
So, let's figure out what's going on.
Hello.
>> Hey.
>> I keep seeing you pull over.
>> Uh, that's none of your business. Is that illegal?
>> I keep seeing you around buildings.
Yeah.
>> Is it's illegal to be around buildings?
>> I keep seeing you drive around closed buildings.
>> Is it illegal to be around buildings?
>> Are you loing? What are you doing about them? I wonder what you're doing.
>> Did you just see what I was doing >> here?
>> I don't answer questions, man.
>> Now, are you arrested? Is there a reason you pulled me over?
>> Yeah, you're being suspicious. That's why >> that's that was that a felony or or a misdemeanor? It's neither. So if you don't have a reason to pull me over, sir, man, come on my way.
>> Am I being detained?
>> Yeah, I'm For what law?
>> Why you driving around those buildings like that?
>> For what law? Am I being detained?
>> I need your supervisor. Guys call 911 if he gets erratic. I need a supervisor down here now.
>> That's fine.
>> Fort Smith's finest. Just think they can make up their own rules. They can't.
We're the people. Kill my car. This guy ain't going to waste my gas. Here he is.
No reason to pull me over.
And here he is. Wait, what's your name and uh badge number?
>> Cassidy 4428.
>> Cassidy 4. Are you a rookie, Cassidy?
>> Nope.
>> Okay. Cassidy 4428.
You're gonna you're gonna you're gonna get you're in a lot of trouble for yourself, buddy.
>> That's fine.
>> That's fine. You're entering my day.
Supervisor is outrageous, man. These guys think they they they think that they make the laws. They think they can do anything they want. They cannot do this. I'm doing nothing illegal. And he knows it.
It's my constitutional right to not have this happen to me. And I'm going to pursue charges against this man and against the Fort Smith Police Department. Third time this week.
Idiots. What was the law? What What are you pulling me over again for, sir? For suspicion.
Is that correct?
>> You keep driving on closed businesses.
>> Doesn't Is that illegal?
>> They're all closed. No reason.
>> Is that illegal?
>> Is that illegal? He has no answer because it is not illegal. It's a violation of my constitutional rights right here. You're witnessing it, guys.
Go live on your or go give me your phone, too. Make sure just get video ready.
>> Now he's walking away from me.
I'm sick of this. I am sick of this.
Forceman PD they this dude making crap up. Now here we are stuck here while he's shining his light in my Sir, can I help you look for something?
What are you doing?
>> Don't worry about it.
>> I'm worried about it because I'm worried why you got us pulled over. I'm afraid.
I'm in fear.
>> Of course you are.
>> I'm in fear of my of my life and my children in the car.
>> There's a rogue cop here trying to make his own rules up. No reason. This is unjustified. You're pulling me over for no reason. It's a violation of my constitutional rights.
>> You want to sit on the way. Be quiet.
>> Oh, you you can't I You can't tell me to be quiet. You be quiet. Go sit in your car. You can't bark commands at me. I'm not a dog. I'm a goddamn human. This dude's an idiot. Yeah. I want the supervisor as quickly as possible. This guy doesn't need a job. He's a road cop.
He thinks he could do whatever he wants.
>> There's no reason to have me pulled over right here. He's just a nosy punk. He got no reason to pull me over. He's back there shining his light, trying to get into my personal information for no reason. Violation of my constitutional rights. You guys are witnessing it right now. Fort Smith, Arkansas. It's been this corrupt for a long time and it's going to continue being corrupt until we can get these people out of here. They need to start a hiring process of hiring good Americans who uphold citizens constitutional rights, not violate them like this guy. And here we are sitting here just wasting our day. Food getting cold because this cop thinks I shouldn't be pulling in or driving around whatever he said. Uh closed businesses. Is this place lit up? Look at this. Look how lit up this place is. I pull over, pop my hood, I check the pressure of my fuel, and we're on our way.
And he throws his lights on. He goes code one.
Just nosy. Just wants to know who we are. Just I'm not going to tell him [ __ ] I want the supervisor and I'm going to call 911 if the supervisor starts acting crazy.
I'll call I I'm going call FBI. Whatever I got to do. This is unconstitutional.
And uh I'm here with my children. No point for this whatsoever.
If your supervisor is Steven Creek, I want a different one.
Guys, >> sorry. We're not going to be We're not going to be bullied by these idiots.
We're the citizens. We have the rights, not these guys. They think they can do whatever they want. Pull me over for suspicion. There is no law against suspicion.
Put your windows down. I want to hear what he's saying. Let's hear what he's saying.
He's wasting my day. I can't believe I got to do this once a week here. And they wonder why there's no tourism and no money in this city. Only money is coming from the revenue these police steal from citizens, man. Outrageous.
Gosh idiot. You see him over there? You see him in my rear view talking to each other. Blooding out what they can get me for. Make up whatever they can.
Outrageous.
This is Fort Smith, Arkansas. And this is outrageous.
Hopefully a third cop coming now. Maybe not. Gosh damn idiots. Barking commands at me, telling me to shut up. You serve and protect. You're not doing either of those things right now. You're violating my constitutional rights and barking commands at me like I'm an animal. I'm a human being.
But at least I'm not a penis, and that's what he is. Sorry, my kids in a car. I have to use that language. Otherwise, it would be vile language. They're calling my tag. No reason to do that. Sorry, kids. I don't put up with this man. I'm not going to be shaken. I'm not going to be interrogated. I'm not going to be bullied. Eight minutes now. I need you to duck down, kid. I'm going to show that's them over there at their car waiting. This is killing our time. As for supervisor, I'm assuming the this other guy showed up is not one either because they haven't come to speak with me. They're talking amongst each other but not speaking with me.
There's some cars pulling in. Hopefully, one is the supervisor.
No, doesn't appear to be. Oh, that that may be a cop. It's an unmarked unit, but yeah, it may be. All right, I do believe that might be the supervisor. Cool. And this is what happens, guys. This Fort Smith pulled in to check. Here comes a fourth officer. Look at this. I pulled in to check my fuel to make sure I was getting pressure still after changing my fuel filter and having the pressure fail. Here we are. One, two, three, four cops, vehicles, patrol vehicles. Oh, two or three in each. Two, one or two in each car. There it is. I've done nothing wrong. Here I am. Here I set just waiting trying to find. They're over there talking about anything they can to try and get me cuz now they're mad cuz his pride got hurt. Now, whatever happens, you immediately upload this to my YouTube.
A fifth cop. Five guys. Five. Look at this. Five police. I've done nothing. I stand up for my rights and here they come. I got the whole freaking patrol squad down here. One, two, three, four, five police vehicles. How bored are they to have this much time?
>> How's it going?
>> Not very well.
>> Why is that?
>> Are you the supervisor?
>> Yes, sir. My name is Lieutenant Young.
>> All right, Lieutenant What?
>> Young.
>> Young. Okay.
>> Um, please not with a flashlight. My My child's in here.
>> I'm gonna have a flashlight on so I can see inside the vehicle.
>> All right. You don't need to see inside my vehicle. I've done it wrong. Look.
>> Most of the time I do.
>> Okay. Who's your boss, man?
>> The chief of police.
>> Who? Danny Baker.
>> Yeah.
>> All right. I want to talk with Danny Baker. Is he available?
>> No.
>> Okay. Why am I being harassed?
>> How come I get pulled over twice a week for nothing? I don't have an answer for that.
>> Is he said what does he say? He pulled me over for suspicion.
>> Well, I mean, we have a duty to >> No, no. What is the >> If you want me to explain to I explain to you, but if you want to interrupt me, I can't explain.
>> Beat around the bush, but explain to me.
I get it.
>> I'm not going to beat around the bush.
>> Go ahead. What is it?
>> If we observe people around a bunch of different closed businesses in a short amount of time, we're going to stop and talk to them.
>> Okay.
>> I mean, and right now there's a lot of closed business.
>> You've pulled me over. Now, what statute in Arkansas says that you have the right to pull someone over? Do you see them around businesses?
>> The lording statue for one.
>> How am I litering? I pulled in. I pulled out. I checked my fuel and I move.
>> Just that was just here though.
>> I pulled in, stopped at the other one. I revved it up and it was doing good and I kept going.
>> All right. What about over at Applebee's over at AT&T?
>> Look in the back seat. I got Applebees in the car. I went and picked up my food. Man, >> what about over there behind Hasty?
>> None of your business, bro. It doesn't matter. I picked up my food. I check my fuel pump and I come home. If if you owned one of these closed businesses, wouldn't you want us to check in?
>> No. I think what you're doing is violating my constitutional rights, man.
>> Okay.
>> I've done nothing wrong. Here I am surrounded by five cops with guns.
They're Look at them whispering, talking with each other. My kids in the car.
>> There's nobody in here with guns.
>> I don't trust any of you.
>> Okay.
>> And I want to go home.
>> Okay.
>> Now, >> can you identify yourself?
>> I'm not going to identify. I've done nothing wrong.
>> Okay.
>> I'll tell you my name is Luke and that's all I got.
>> Okay. I'd like to be on my way.
>> Where is home?
>> Does not matter.
>> For Smith, >> sir. I'd like to be on my way home so I can eat my food with my children on my birthday.
>> Okay.
>> How long are you going to hold me up now?
>> I mean, I'm just verifying what you told me. That's all I'm doing.
>> I'm not telling you anything else. I don't answer questions without a lawyer present.
>> Now, if you want to get my lawyer, Koi Rush, get him down here because I'm not answering anything else. I want to go home.
>> I would have no way to contact him, so I can't do that. I want to go home. I've done nothing wrong. You guys done bullying me and and harassing and interrogating me?
>> The only person that's upset here is you, SIR, >> BECAUSE OF YOU GUYS DOING THIS to me.
I've done nothing wrong. I'm sick of it.
Twice a week this happens.
>> Well, you're free to go.
>> Look. See, now it's messing up. All right, guys. I'm a lawsuit. This is outrageous. These guys are just out of control. I'm going to go in here and look. Look at this. Look how many cars there are, man. Just 10,000 of them, bro.
They have got nothing else to do >> but harass citizens.
>> There you go.
>> The fourth amendment to the United States Constitution prohibits investigative detentions unless an officer can articulate specific objective facts supporting reasonable suspicion of criminal activity.
Suspicion of being near closed businesses is not a cognizable legal standard and does not meet that threshold. Officer Cassidy failed to establish a lawful basis for the stop at any point during the encounter and the subsequent escalation to five patrol units and continued detention compounded the original. Constitutional deficiency rather than correcting it. Any driver who understands that a lawful Terry stop requires a specific articulable suspicion of criminal conduct, not generalized presence in a location, is equipped to identify, document, and legally challenge a stop that fails to meet the standard from the moment the lights come on.
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