Citizens have the right to refuse commands during lawful detention, including the right to stand rather than sit, and officers must apply handcuffs properly to avoid causing injury; improper detention practices such as patting down pockets without legal justification or applying restraints incorrectly can constitute constitutional violations.
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Arrested With News Now Houston Unlawfully For Being SuspiciousAdded:
Can't see.
What is going on?
What's happening?
Why you have the light? Still can't see.
I'm going to take your hands out of your pockets.
What are you doing?
I got a little I got some pepper spray on me just so you know.
I do have some pepper spray on me.
I do have pepper spray on me just so you know, just just for your safety.
What are you all doing? I'm not doing anything. Give me your pepper. Have a seat down right there.
Have a seat. What? Right here? Have a seat.
I told >> I told you to have a seat. You going to let me talk?
I'm just thinking I sit on the curb instead.
Seabrook, Texas, guys. Seabrook, Texas.
Seabrook, Texas. What is going on?
What's going on? Nobody's done anything.
Seabrook, Texas. Seabrook, Texas.
>> spray for? Personal protection. Okay.
I'm going to pat you down make sure you don't have any weapons. You got a lot of stuff in your pocket, ready?
>> Okay.
What are you doing? I'm patting you down. Turn around for me.
>> What are you doing? Turn around for me.
I'm patting you down. What is all that stuff?
What's in your pocket, sir?
Do you have any weapons in there? I'm going to check make sure there's no weapons.
>> So now you're going into my pockets?
>> Yep. Make sure there's no >> Look at that. Going, digging in the pockets. You can't That's not a terry frisk.
>> What are you doing, man? Is that a pat down?
>> What are you doing? Is that what the sergeant does around here?
You pat him down? Yeah, I did. All right.
So what's going on? Have a seat for me.
Uh I'd rather stand.
>> I'd rather stand.
>> Have a seat for me.
>> I'd rather stand, sir. Okay.
Okay. Go ahead Go ahead and cuff us.
We have every right to stand. We do not have to sit because you tell us to sit like a dog.
So I'll figure out what's going on, all right? Whatever makes you comfortable.
Have a seat for me, okay?
Maybe, sir.
Okay.
Sir, these cuffs aren't on This left cuff is really tight, sir. The left cuff is I have a shoulder injury, too. I have I need I need Ow! Ow! Ow! I need another piece of shoulder My shoulder I need another handcuff. I have I have a shoulder injury, sir.
Ow.
You're hurting my shoulder. You're hurting my shoulder really bad right now, sir.
I have a shoulder injury, sir.
My left shoulder. I have a shoulder injury.
Ow.
Please.
Please.
Please. It's my It's my left shoulder.
I need another set of cuffs, sir. I have a shoulder I have a shoulder Ah.
Ah.
Ow. Ow.
What are you doing, sir? We're not doing anything.
What is the problem here?
What's the problem here?
Why are you cuffing us? Because you didn't do what I asked you to do. I asked you to have a seat. I told you I would sit on the You want us to sit in the grass? The grass is wet.
The grass is The grass is wet, sir.
Y'all are the only two that are worked up here, not us. Yeah, because you're jerking my shoulder. I have an injury.
You're You're jerking on my shoulder. I have an injury. What Who are you? Sergeant who?
Sergeant Smith. Smith? Yep. Why are you doing this to us? We're walking down the street.
We're going for a walk, and this is what you do?
If you are requesting you give me a second pair of handcuffs. Yes, I have an injury. Thank you.
Okay, so what are y'all all out here tonight?
Last time I Last time I checked we were in America and and people could walk down the street in America.
I don't want to fall. I'm going to I'm going to help you. I got you on. I'll help you down.
I don't want to land on my wrist and jerk my shoulder up.
Do you have any ID on you, sir? You got a flashlight?
Do you have any ID on you, sir?
Why do you want our ID?
Because I asked.
Okay, we're not We're you're just detaining us. We're not under arrest.
We're walking. I didn't give it.
No, I'm not under arrest. What are you, the fashion police now?
>> [clears throat] >> Hey, sir, the the the the your bright light you have the the brights on that the first Tahoe. It's right in my eyes, sir. You have both both the the headlights and the the beams on, please.
Sir, the beams are in my face.
Look, he's got the high We haven't been We haven't been in anybody's yard. We haven't been anyplace but the sidewalk. I've got a body camera that's been running since before we started walking.
Well, if somebody wants to say we were in their yard and stuff, get a sworn affidavit so we can get them for perjury.
Officer.
Officer.
Officer.
Officer. Yeah. There's two lights. The high The high beams and the low beams are right on. Can you please turn the high beams off?
>> go ahead and look away. I mean, you're looking at the light.
>> Okay, why do you have the high beams in your face?
Actually, the light spotlights over there. Uh the high beams on the the headlights. Sir, what's your last name?
I don't want to give you my name.
Sir, what's your last name?
Sir, we're being detained. We're not giving any information.
Guys, called Justin Pulliam.
Me and News Now Houston are being detained in Seabrook, Texas for walking down the street.
Uh 2:50 in the morning. Okay, that's not illegal.
It's for COVID. Do you know what COVID the pandemic? I'm going to tell you why we're out here. Like I told your friend, we are out here because somebody called saying that there's two people look like they were looking inside of his house with a flashlight. They had a high-powered flashlight. They could not see this one at least one person, okay?
We come out here, we see y'all two walking. We question y'all. I don't know how you act to my sergeant why he detained y'all, but Okay, no, no, no. He detained us because we didn't want to sit on the ground like a dog. That's why we're in cuffs. I would sit on the curb.
I can't sit over there in the grass like he's telling me to sit. Okay, well, you're just detained at this moment, okay? Let me sit on the curb. That's it.
You don't have to just sit on the curb.
Both are still detained. Yeah, and that's fine.
>> You're more than welcome to record.
You'll be on record as well. Oh, yeah, and we have body cams going.
So do we.
That's the whole thing with this. You know, I can't sit in the grass. You saw how much trouble I had just getting I don't know what to You did. You did. I'm not I'm just saying that's that's what it got triggered by. What happened?
That's the whole thing that triggered it. Seabrook, Texas.
David, he's got this right cuff way too tight on my wrist.
Officer, can you loosen my right cuff?
My right cuff.
Officer, my right cuff is is hurting my wrist.
>> [sighs] >> Officer, my right cuff is way too tight.
I'm I'm in pain and discomfort. I need some assistance over here.
I need some assistance, sir.
Sir, I need some assistance.
My My right cuff is way too tight.
I'm in pain and discomfort.
Please.
I need EMS. I want EMS here.
I need EMS. Get the EMS here.
I'm requesting EMS.
Seabrook, Texas, guys.
Is yours really tight, David?
They loosened the one. The other one is still pretty tight. It's just like digging into the bone.
>> [sighs and panting] >> Sir, I'm in discomfort and pain. Can you please loosen the cuff? I have a shoulder injury.
Sir, I have a shoulder injury. You're causing me pain and discomfort. Why are you doing this to us?
I can't relax with cuffs.
Yes, but he's got the cuffs twisted and they're on the wrong way and they're super tight.
They're twisted. They're not on properly.
He's a sergeant. He doesn't know how to put cuffs on, really?
Please, I can't feel my wrist.
>> Guys, call Justin Pulliam. Call extra good citizen. Call anybody you can to let everyone know what's going on with me and uh David here.
Seabrook, Texas.
Seabrook, Texas, guys.
Unreal.
Unbelievable.
>> [sighs and gasps] >> Guys, they have the cuffs on super tight. I have a shoulder injury.
They're causing me pain and discomfort here.
Pain and discomfort.
Me and David are in cuffs here in Seabrook, Texas. Seabrook, Texas Police Department's detaining us.
>> No, no, that's I think that's his message to the COVID.
So, it's just a message.
Which one of your wrists is it?
My right my right wrist. The cuff is on the cuffs are on backwards.
It's super tight. On my right side I got a I got a left shoulder injury. Uh-huh.
And he's got the cuffs on backwards.
They're on the wrong way.
It's causing me pain and discomfort in my shoulder.
And I just my my my wrist is is is in pain. My fingers are tingling right now on my my my right wrist.
You can see your right wrist, right?
Yeah, it's on it's on backwards.
>> your jacket? Sh- Yeah, go ahead. I just need the cuffs loosened and turned the right way, the proper way. It it it's causing it's causing causing me pain.
Cuz I can feel the whole entire finger through your glove. Yeah, I know, but I have the watch on. It's it's conflicting with the watch. Well, I can take it off.
Well, no. I you know, I'd like Okay, can you >> are placed properly. Okay, can you can can can you put the cuffs under the watch at least? I can take your watch off and put it in your front pocket.
Okay, yeah, do that. Go ahead and do that.
You got the magnetic thing? Yeah, just pull on the little magnetic deal.
>> He's actually throwing a break in.
Yeah, yeah, yeah. Is it coming off? Go ahead and pull that off.
Yeah, it's it they're on the wrong way.
You're supposed to have your hands like you're praying, not like out like this.
Look at this. You got two You got two You got two cuffs. Okay, you can put it either way. You can put it either way.
We know they're handcuffs. All right, whatever.
>> [clears throat] >> Go ahead and put it uh this front this front left one right here.
No, no, no. Unzip the zipper. Unzip the zipper and just put it in there. That's fine.
Okay.
Appreciate y'all coming to help me. No problem.
You good?
Oh, I'm okay now. All right. Appreciate y'all. No problem. Cuz they wouldn't do it. I had to get somebody that would.
You good?
You good?
They doing a good job. We don't know You good?
He's good.
Uh they're both good. I was just waiting.
You good?
Absolutely. I just needed to say hi. I haven't seen your smiling faces in a long time.
You have a good night, guys. Try and get some sleep.
If possible.
What what what are we doing here? What's your name, sir? Garcia? Yes, sir. What are we doing here, Garcia?
I know, but what are we doing here?
Getting more information out to you, okay? Okay. Call the DA. I hope you have fun.
Good luck.
Good luck, Garcia.
No criminal penalty for walking around with a flashlight.
You going to write me a little ticket for class C?
Bunch of idiots.
>> And they still have the cuffs on wrong, just so you know, David.
They have my hands facing outward when you're supposed to be, you know, like you're praying.
Now they got us sitting on the on the curb like dogs.
Seabrook, Texas is detaining us.
What's that? My phone's ringing and I can't get it.
Probably heading your way.
>> [laughter] >> Yeah, we have 300 people on the live stream.
You saw him trying to get into your little uh flashlight holster.
You saw that?
>> Hey Dave.
Is there anyone outside the car?
What county is this?
What county is this?
Dude, they have nothing.
Oh, don't No, no, that's my injured shoulder, please.
Please, pull on my other one.
Going up.
Ready?
Stand up.
Go ahead and take your time.
>> Starting on mobile like this?
I'm good.
Yeah, go ahead and take him up.
Uh All right, gentlemen.
Let me explain this to you, all right?
So you all understand what's going on.
I got the information. I heard All right.
Y'all are free to go now if y'all wish to go or y'all want to stay here and listen to this if you wish to, all right?
When y'all out here shining lights in the middle of the night in people's windows >> Dude, do you see what you did to my wrist?
>> people. Did you see what you did to my wrist, sergeant? Is your Is your body cam on? Yes, it is. Okay. Okay. Well, we're definitely going to go speak with the chief in the morning, all right?
>> Have a good time. So next time, don't go in nobody's [ __ ] pockets, all right?
That's not a That's not a pat down.
That's not a Terry frisk. All right?
Don't go into my pockets again, and I will be suing you. What's your name, sergeant? Sergeant Smith. Okay. You will see me in federal court, buddy. Look up Roth v. Doe.
Look it up.
So they were trying to get a an AFIS out here.
I can't believe this.
He went into my pockets.
>> Look at this. Look Look Hold on. Take the Put it on low. That is low. Okay, show them. Twist your wrist.
Yeah, look at that. Yeah, no. They injured the >> Look Look. That's not even the worst one. Look at this.
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