Citizens have the constitutional right to refuse identification during a traffic stop unless they have committed a crime, as the Fourth Amendment protects against unreasonable searches and seizures, and the Fifth Amendment guarantees the right to remain silent; a mere anonymous tip about a suspicious vehicle does not constitute reasonable suspicion or probable cause for detention, and individuals may legally question the basis for a stop and request case documentation.
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This Arrogant Cop Regrets Stopping This DriverAdded:
Just because somebody called in a suspicious car Mhm. doesn't mean you're doing anything illegal. Did they specifically identify something illegal that I was doing? Like just Well, at this point at this point the reason we're requesting your identification >> Sure. is number one, we do identify everybody we talk to. It's part of our routine.
It's accepted and it's it's something that's been it's been it's been approved by the Supreme Court of the United States and the United States Supreme Court.
>> been approved by any Supreme Court.
>> Okay. All right. Well, you can disagree all you want with that but you can disagree all but just A routine suspicious vehicle call quickly turns into a roadside power struggle when a driver parked legally refuses to be intimidated into compliance. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. The driver calmly questions the basis for the stop pointing out no crime has been alleged and no suspicious activity described. Despite the officers insisting on identification, the driver stands firm demanding lawful justification before handing over any documents.
Yes, sir. How you doing? I'm good, sir. How are you? I'm good. I'm Officer Riza, Upper Chichester Township Police Department. Reason we're here is we got a call for a suspicious vehicle, okay?
So someone passerby or whomever called said it was a white vehicle sitting on the power lines. I'm sitting on the power lines?
I'm sitting on a public street. What's that? I'm sitting on a public street minding my business. That's what I'm doing. Yeah. Okay. Well, we got a call for suspicious vehicle. We're just checking on the said vehicle. Are you the owner of the car, sir? I'm sorry.
I'm not going to answer any questions.
I'm invoking my Fifth Amendment right to remain silent. Can I get a badge number?
Yeah. 51. Would you like the supervisor's badge number, too? Yes, please. It's uh 37. And his name?
Sergeant Brian Gilmore. Brian Gilmore.
Okay. Would you like to speak to him as well? No, thank you.
Okay. I just want to mind my own business, man.
People drive by here see me parked here doing nothing wrong.
>> not to talk to us. Yes. Cuz I'm not doing anything illegal, right?
I'm legally just in a public street.
What's that, Sarge?
Sarge, we're requesting your ID. I'm not going to provide that. I didn't commit any crimes.
I'm parked legally in a public street.
Doing nothing wrong.
Nothing. Okay.
All right.
What's that?
He says no to the ID. He's parked on public street doing nothing wrong.
That's right.
>> [clears throat] >> Okay.
Just because somebody called in a suspicious car Mhm. doesn't mean you're doing anything illegal. Did they specifically identify something illegal that I was doing? Like trust Like trespassing?
>> at this point, the reason we're requesting your identification >> Sure. is number one, we identify everybody we talk to. It's part of our routine. Mhm. It's accepted and it's it's something that's been it's been it's been approved by the Supreme Court >> It's not been It's not been approved by any >> Supreme Court. It's not been approved by any Supreme Court.
>> Okay. All right. Well, we can do that.
>> You know you want but just because you think so doesn't mean >> Unless you have reasonable suspicion of a crime.
>> Okay. I don't have to provide any ID, sir.
But you're you're on one of our streets in our town and in order for you to leave, you're going to have to be legally able to drive.
>> Who pays Who's paying for these streets, sir? Excuse me? Who pays for the street?
>> Upper Chichester Township. The township, right? The people. It's a taxpayer funded street, right? And I guess that means I can park here. I can travel through here. Also, I can stop on the streets. It's not illegal for me to do that.
Did I commit an infraction?
>> illegal at this point.
>> I'm not being I'm not providing any ID if I didn't commit anything illegal if I didn't do anything illegal.
There's no law that says What then? You heard me. There's an investigation that you have to conduct and >> Yes. So far in your investigation, what have you concluded that I've done that's illegal?
>> that's refusing to provide identification.
>> And that's not illegal. Am I Am I under arrest?
Under the vehicle code? Am I under arrest? Huh? You're not You may be and we'll have to find >> you're >> threatening me with arrest? Am I threatening you? No, I am not threatening you. As the officers escalate their demand for ID, the driver shifts from explanation to constitutional pushback, refusing to comply without reasonable suspicion.
Congress shall make no law abridging the freedom of speech or of the press or the right of the people peaceably to assemble. He records the interaction and asserts his right to document public officials during a public interaction without interference. What follows is a tense legal back and forth where authority is asserted but clearly not matched with lawful grounds for detention.
What are you >> I am telling you that if I have to do my job, I do my job. That's an entirely different thing.
>> Sir, well conduct your job. I'm not providing any ID because I didn't commit any crimes. You don't need to commit a crime for us to ask you to provide ID.
>> you do. Yes, you do. Yes, you do. Yes, you do. Yes, you do.
Yes, you do. You need RAS. Without RAS, there's no probable cause. I have somebody that called in that this vehicle's been sitting here for 15 minutes and that's why >> So, if someone calls in here, do my guy sitting here is letting me go?
>> about you being black.
>> Well, I'm saying if they do, is that illegal? They Can Can you just come here and they can say anything?
>> you were a pink flamingo either, so >> Well, that's fine, but [clears throat] I'm not providing any ID. Where do we go from here? I didn't do anything illegal.
Are you threatening me with arrest?
>> I'm telling you that you need to provide identification. You're part of the investigation at this point.
>> You are required >> Do your investigation. Go and talk to the person who called and find out what I did that was illegal.
Talk to them. Do your investigation. Do a thorough investigation. You just don't come here and talk to me.
Talk to them and see what I did.
Because they called so talk to them.
I didn't do anything wrong. You're not going to force me to identify.
>> That's why But do an investigation to see if I did anything wrong.
>> step of my investigation is requiring you to provide identification.
>> providing any ID. I did nothing wrong.
I'm sitting on a public street. You don't have the right to just pull up on me and say, "Hey, I need your ID because someone called." It doesn't work >> what I did. I came here because somebody called >> what you did. It is not, sir. You pulled up here because someone called and said, "Hey, I need your identification." It doesn't work like that. I'm not providing it.
Can I have your supervisor, please?
>> I am the supervisor.
>> to hear your supervisor, Lieutenant.
>> is the chief. We don't have a lieutenant.
>> I'm sorry.
>> You're welcome to go to the police station to talk to the chief. I don't have to. I'm not doing anything illegal.
I'm parked on a public street.
Until the laws of America change where we have to identify because an officer comes and says, "Hey, give me identification." Well, you need to work on on reading reading up on the court room I know exactly what it says.
>> Okay, what does it say? I know what it says. I have a first amendment right to record. I have a fourth amendment right.
I have Let me Let me finish. Let me finish. I have a fourth amendment right to to to be safe in my effect my my my documents and papers.
Unless I commit a crime, I do not have to identify. I'm not unreasonably searching or seizing anything at this point.
>> You're trying to Yes, you're trying to seize my ID. I'm not I'm provide identification. It's part of my job. And I'm respectfully refusing that. I'm refusing it. And in the state of Pennsylvania, if you're operating a motor vehicle, which is what you're doing >> I'm not operating a motor vehicle. I'm parked.
I'm parked on a public street.
>> and control of the vehicle.
>> I'm parked on a public street.
>> under the influence of alcohol or another drug, I could arrest you for DUI. But you're not.
>> I'm parked on a public street.
>> Okay. Yeah, that's all I'm doing here.
I'm parked on a public street.
I'm doing nothing illegal.
>> You're the subject of an investigatory detention.
Okay.
Can I Can I get a Can I get a case number, please?
Can I get a Can I get a case number?
Nope. I need a case number. I want this documented.
>> Okay. We documented Can I get a case number?
Can I get a case number?
And we're not going to know who you are cuz you didn't provide us any ID.
>> I don't have to. Can I get a case number? Nope.
You're not providing me the case number.
>> That's correct.
>> Okay, well, then [clears throat] you're not getting any ID. Okay.
>> What's the next step? Um you'll probably get a citation for failure to provide driver's license.
>> Oh, yeah, let's go ahead. Go ahead. Go ahead. Let's do that.
Let's do that. You're a tyrant. That's what you are. You threatening me?
For doing nothing wrong.
[ __ ] out of here.
Kill me more.
Hey.
What do you want? Him. I'm not talking to you.
This this guy here.
You're not talking to him. You're talking to me.
I'm speaking to him, sir.
I'm allowed. He's over here. He's funded by the taxpayer. What do you need? Sir, can I get an incident number, please? I don't have an incident number yet.
You're not getting it here. Can you call the dispatcher and give me an incident number? I'd like to document this.
>> station and grab the incident number.
So, you're not providing incident number.
>> have an incident number till I go back and do the report. I can't just pull one out of thin air. All right. Let me talk to you guys.
>> either and that's super valid.
>> I just want to talk to him. Just this fine.
It is It is 49.
Going to harass me for doing >> dog. for doing nothing wrong.
Still, be away from my dog. I'm not I'm not allowed?
>> Stay away from the dog.
>> I'm not approaching the dog.
>> You walked right close to the car. Is it illegal to be close to the car?
I don't want you to get hurt. I don't want you to be surprised >> is The door is closed. I'm not going to be surprised.
I'm sorry. Sir. Hey. Can I come in there?
Hey, do you Do you mind giving me an incident number, please? Yep. That's all I wanted.
>> name's Clapp. Badge number 4. 4.
>> Thank you, Clapp. Hey, have a good one.
I just want an incident number.
Literally, that's all. We don't generate an incident number until it clears. All right. Once it clears, what? Like the call?
>> Radio system, yep. So, you're about to clear it? I would assume. You can get it tomorrow. Okay. So, no incident number?
>> department. May not right now.
Okay. right. Yep.
842.
All right.
I just walked next to the car again. Is that illegal?
The situation peaks with threats of citation, yet the driver continues to request case documentation and clarification of the alleged offense. No person shall be compelled in any criminal case to be a witness against himself. Officers eventually disengage without providing immediate incident details, leaving the driver to pursue records through official channels. In the end, the encounter becomes a lesson in how knowledge of rights can shift the balance when authority is tested in real time.
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