When Entitled Corrupt Cops were sued for $2.5 Million

[00:00:00]On the >> have to provide me with identification.

[00:00:03]>> I don't have to unless I committed a crime.

[00:00:05]>> you do.

[00:00:06]>> Okay, but let me ask you a question.

[00:00:07]>> Yes, sir.

[00:00:08]>> Is there a reason why you opened my door like that?

[00:00:09]>> Yes.

[00:00:10]Uh for my safety I can't see back there.

[00:00:12]>> Okay, but you had to get my permission to do that.

[00:00:14]>> No, sir.

[00:00:15]>> Do you have a warrant to do that?

[00:00:16]>> No, sir. It sounds like you're working off of constitutional law, right? I'm working off of state law.

[00:00:21]>> And and and your job is to uphold what?

[00:00:24]>> The Constitution.

[00:00:25]>> Thank you.

[00:00:25]>> Thank you. Well, I'm not I'm not a traffic guru and I'm not here to I'm not here to hassle you. I >> But I've done my research.

[00:00:31]>> Yeah.

[00:00:32]>> All units code four 40th Place west of Central suspects in custody.

[00:00:35]>> A routine traffic stop turned into a roadside courtroom debate. One driver claimed Arizona lacked the authority to demand a driver's license while the officer cited state law and constitutional precedent. Ultimately, a popular legal theory unraveled suddenly.

[00:00:50]>> Hello.

[00:00:51]>> Hey, what's up, man?

[00:00:52]>> Can I have you roll down your window?

[00:00:53]>> Uh no, I'm good. I can roll I I can keep it like this.

[00:00:56]>> Is there anything back there?

[00:00:58]>> No.

[00:00:58]>> Are there any people back there?

[00:01:00]>> Uh-uh.

[00:01:00]>> Okay.

[00:01:03]>> I didn't give you permission to do that, man.

[00:01:04]>> All right, sir. So, do you have any idea why I pulled you over?

[00:01:07]>> Mhm.

[00:01:08]>> Okay, I'm Officer Gossett with Phoenix Police Department.

[00:01:09]>> Okay, but let me ask you a question.

[00:01:11]>> Yes, sir.

[00:01:11]>> Is there a reason why you opened my door like that?

[00:01:13]>> Yes. Uh for my safety I can't see back there.

[00:01:16]>> Okay, but you had to get my permission to do that.

[00:01:18]>> No, sir.

[00:01:18]>> Do you have a warrant to do that?

[00:01:19]>> No, sir. I did not I I did not go into your vehicle.

[00:01:22]>> Before explaining why he initiated the traffic stop, the officer reaches toward the vehicle and briefly opens the rear door claiming it was necessary for officer safety. The driver immediately objects. Had the officer just crossed a constitutional line before saying a single word?

[00:01:38]>> Do you have your driver's license with you?

[00:01:39]>> Uh no, I do not have a license.

[00:01:41]>> You don't have a driver's license?

[00:01:42]>> I I I I turned it back in. I don't need a license on this is not a commercial vehicle.

[00:01:46]>> This is not a commercial vehicle?

[00:01:48]>> No, it's not and I don't and I'm not operating in a commercial capacity.

[00:01:51]>> Is it registered in the state of Arizona or anywhere else?

[00:01:53]>> As a matter of fact, I didn't I turned that back in as well. I'm a I'm going to have my girlfriend go in my glove compartment.

[00:02:01]Got some paperwork to show you. Go ahead.

[00:02:02]>> Okay.

[00:02:03]>> And why did you pull me over?

[00:02:04]>> You don't have a valid registration, sir.

[00:02:06]>> Okay. And we And we already established that it's not required that I'm not operating as a commercial vehicle, correct?

[00:02:11]>> of Arizona, you have to have a valid registration to have a vehicle on the roadway.

[00:02:15]>> On the >> You also have to provide me with identification.

[00:02:18]>> I don't have to unless I committed a crime.

[00:02:21]>> you do.

[00:02:22]>> The officer quickly shifted the conversation to the reason for the stop, explaining that the vehicle had no valid registration. Rather than denying it, the driver admitted he had voluntarily surrendered both his registration and driver's license.

[00:02:34]>> So, a crime is when you injure someone.

[00:02:37]>> No, no, no, no, no. A crime for the state of Arizona You got You got to understand here. You're It sounds like you're working off of constitutional law, right? I'm working off of state law.

[00:02:46]>> And And And your job is to uphold what?

[00:02:49]>> The Constitution.

[00:02:50]>> Thank you. I appreciate that.

[00:02:51]>> I'm not here I'm not here to I'm not here to hassle you, dude. If that was the case, if if I was here to, you know, cause you any kind of grief or hassle, I would just would have taken you out of the car, >> Now, see that See, and then now you're talking about civil lawsuits when you do that.

[00:03:04]>> Is that a passport?

[00:03:05]>> Uh yes, it is.

[00:03:06]>> And I'm And I'm thinking about giving it to you. I'm not sure if I'm going to give it to you. But just just for the record, is your accent on on the recording?

[00:03:12]>> Then comes the first shocking claim. The driver insists he isn't driving at all.

[00:03:17]He's simply traveling. According to him, licensing laws only apply to commercial transportation, not private citizens using their own vehicles. It's an argument repeated thousands of times online, but does Arizona law actually say that?

[00:03:32]>> I'm going to put my hand right here cuz it's on the recording.

[00:03:35]>> Perfect.

[00:03:36]>> Perfect.

[00:03:36]>> All right.

[00:03:36]>> What I will do as a courtesy to you, I'll give you my I'll verify who I am.

[00:03:41]>> Perfect.

[00:03:41]>> Here's the proof that I've turned in my license plate.

[00:03:44]Okay.

[00:03:46]Back to the DMV cuz I'm no longer contracted with them because So, I don't operate in a commercial capacity. Here's another paper.

[00:03:52]I turned in my driver's license.

[00:03:54]>> Okay.

[00:03:54]>> I gave it back to the DMV. I don't use this vehicle for commercial purposes.

[00:03:58]That's why I have my plates that says for non-commercial use only.

[00:04:02]When you get a license plate at the DMV, it's required that you get that or you're under the assumption that you're operating a commercial capacity.

[00:04:12]>> The driver presents paperwork showing he returned his driver's license and license plates to the DMV claiming only commercial drivers need them. But ARS section 28-3151 requires a valid driver's license to operate a motor vehicle on public roads regardless of whether the trip is commercial or private.

[00:04:30]>> Unfortunately, state law says you do.

[00:04:32]Even even even if you're not >> what ARS statute is that?

[00:04:35]>> I would have to go look it up. I don't I don't I don't I don't I don't know statute by by heart.

[00:04:38]>> Please give it to me.

[00:04:39]>> Like I said, I'm not here to hassle you.

[00:04:40]>> I understand. I'm going to ask you I'm going to ask you to show me those laws if you if you're telling me >> This one? Yes, it's called operator failure 1595 Bravo.

[00:04:47]>> Operator?

[00:04:48]>> Operator failure to provide ID.

[00:04:49]>> Operator, that's that's what?

[00:04:51]>> That's that you're operating this vehicle.

[00:04:53]>> I am not operating this vehicle.

[00:04:54]>> What are you doing in it?

[00:04:55]>> I am traveling in this vehicle. If you look up the Arizona Revised Statutes, operator says it's a person that operates a motor vehicle on the on the highway for commercial purposes.

[00:05:04]>> But traffic stops don't follow the same rules as ordinary police encounters. The Fourth Amendment permits officers to stop a vehicle if they have probable cause of a traffic violation as affirmed by the Supreme Court in Wen v. United States. The authority of the officer relies on the violation, not the driver's beliefs.

[00:05:23]>> Well, I'm not I'm not a traffic guru and I'm not here to I'm not here to hassle you. I >> But I've done my research. That's all I'm saying.

[00:05:28]>> I am going to tell you that you're probably going to get pulled over multiple times and you probably already do.

[00:05:32]>> I had This is my first time and it's been When When did I When did I turn that in?

[00:05:36]>> 10-28.

[00:05:37]>> Highway Patrol in California got behind me, nothing. So, you're the first, man, so congratulations.

[00:05:41]>> Okay.

[00:05:41]>> Well, the driver insists the licensing laws don't apply because he he traveling, not driving commercially.

[00:05:47]However, ARS section 28-3151 requires all motorists on public highways to hold a valid driver's license. And while Kent v. Dulles, 1958, recognized the constitutional right to travel, it did not eliminate a state's authority to regulate motor vehicle use through reasonable licensing laws.

[00:06:07]>> I'm going to take your word for it cuz we have we have calls against you and we're we're we're quite busy.

[00:06:11]>> Okay.

[00:06:11]>> I'm not here to, you know, hassle you and write you tickets and take you out of the car. Just letting you know >> that from what I operate by, this is not valid. All righty?

[00:06:20]>> Yeah, so your job is to operate traffic.

[00:06:22]If somebody's speeding and stuff like that.

[00:06:24]>> Mhm. Or no registration.

[00:06:25]>> Or expired tags.

[00:06:27]>> Expired tags or no tags.

[00:06:29]>> The driver references ARS section 28-5201, which outlines the definition of motor vehicles in Arizona's commercial transportation chapter. However, he overlooks an important detail. The statute's opening language indicates that it only applies within the confines of that specific chapter.

[00:06:46]>> They claim >> Yes, you don't.

[00:06:47]>> So that's that's that's therefore not contracted, so it's not required. That's why I gave it back. But that's why I got rid of >> Well, this is kind of the same thing as you getting a sharpie. You getting a sharpie.

[00:06:56]You getting a sharpie. I'm just letting you know, hey, you get another officer that is kind of more of a stickler about traffic that they could possibly write you tickets and, you know, pull you out of the car for providing me this.

[00:07:08]>> I used to be a drug dog. So I know the protocol pretty good.

[00:07:12]>> The driver continues insisting that returning his state-issued plates ended any obligation to follow Arizona's licensing laws, warning that another officer could lawfully issue citations for the same conduct. Under ARS section 28-1595, motorists are required to comply with lawful traffic enforcement during a valid stop.

[00:07:31]>> So I'm sure if you if you were if you had a commercial driver's license, you'd probably do more know more about traffic than I do. I'm not going to sit here and say, oh, I'm the police officer, so I know blah blah blah. That's not That's not what I'm here to do.

[00:07:42]>> Right.

[00:07:43]>> All right, brother. Well, safe travels.

[00:07:45]Um just letting you know you you could possibly be pulled over again, all right?

[00:07:49]>> I understand your curiosity, man. Hey, you're a citizen guy. You uphold the Constitution today, man. I appreciate it.

[00:07:54]>> Yep, have a good one.

[00:07:55]>> All right.

[00:07:56]>> But he isn't finished. Next, he invokes one of the Constitution's most misunderstood principles, the right to travel. He argues the government cannot require permission before someone moves freely throughout the country. It's a claim that sounds constitutional.

[00:08:10]Lawsuit of 250K. Following the encounter, the driver escalated the dispute beyond the roadside, filing a $2.5 million civil rights lawsuit against the police department. Relying on 42 U.S.C. Section 1983, he alleged that officers violated his constitutional rights during the traffic stop, leaving the courts to decide whether his claims had any legal merit.

[00:08:32]This traffic stop wasn't really about registration, license plates, or even a driver's license. It was about the difference between constitutional rights and constitutional myths. The officer chose patience over punishment, allowing the conversation to end peacefully instead of escalating into an arrest.

[00:08:49]But decades of Arizona law and Supreme Court precedent leave little room for doubt. Americans absolutely possess the right to travel, but when that travel involves operating a motor vehicle on public roads, states may lawfully require licenses, registration, and compliance with traffic laws. In the end, neither side left in handcuffs, but only one side left supported by the law.