Under the Fourth Amendment, a traffic stop's lawful scope is limited to its original stated purpose, and any expansion requires independent reasonable suspicion directed at the specific person being detained; passengers in stopped vehicles have no legal obligation to provide identification and may refuse to identify themselves without facing criminal charges, as demonstrated when a University of Cincinnati police officer unlawfully extended a traffic stop by demanding identification from a passenger and ordering him out of the vehicle without legal justification.
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Cop Escalates Traffic Stop By Ordering Passenger Out Of Car—Here's Why That's IllegalAdded:
Okay. If you refuse to identify yourself, we have a charge.
>> What's the charge? What's the charge?
>> Refuse.
>> What's the charge?
>> A passenger in a stopped vehicle was ordered out of the car, had his door physically open by an officer, and was threatened with rest, all because he refused to provide identification. He had no legal obligation to give. Under the Fourth Amendment, a traffic stop's lawful scope is defined by its original stated purpose, and any expansion of that detention requires independent, reasonable, articulable suspicion directed at the person being detained.
What you are about to watch is a textbook example of officers attempting to manufacture compliance through intimidation and a passenger who knew exactly where the law stood.
>> I need your name.
>> Hi, my name is My name is Demetrius and that's all you get. So, you better pull up everything you need from that.
>> Nope. I need your name, your date of birth.
>> Demetrius.
>> I need your date of birth.
>> I'm not giving you that.
>> Okay. If you refuse to identify yourself, we have a charge.
>> What's the charge? What's the charge?
>> Refusing to charge. You have to charge.
>> What's your charge? I just told you my name.
>> Why are you interrupting me? You asked me questions.
>> What's the charge?
>> Step out of the car.
>> What's the charge?
>> Step out of the car >> for what?
>> Step out of the car.
>> What am I stepping out the car for?
>> Cuz I asked you to.
>> What am I stepping out for?
>> Step out of the car.
>> What am I stepping out for?
>> Identify yourself. Step out of the car.
>> I just told you who I was.
>> Step out of the car. I just told you who I was.
>> Oh god, boy. You can't even go home on a car.
>> I'm trying to go to an ATM and get some money out and y'all pull me off for some [ __ ] >> Step out of the car.
>> What am I stepping out of the car for?
>> Cuz I asked you to step out of the car.
>> What am I stepping out of the car for?
>> Step out of the car.
>> What am I stepping out for?
>> Are we going to do this all night?
>> It's up to you.
>> Can we get a supervisor?
>> You don't even have a reason for what y'all pulled us over for.
>> Yeah. Can we get a That's not a reason.
You don't understand that reason. It's not a reason.
>> It is a reason.
>> It's not a reason. His airbag would be deployed if he was in an accident.
>> Can I request a supervisor?
>> Step out of the car.
>> Let's get your supervisor.
>> Step out of the car.
>> Can I request a supervisor?
>> I'm not stepping out of the car.
>> Can we not get a supervisor?
>> We're asking for your supervisor.
>> It doesn't matter. Just >> We're asking for your supervisor.
>> No, we're asking you. You're asking for my ID, right?
>> Talk to you. Cuz your guy right here, he's angry. I don't step out the car.
>> Stay in the vehicle. Don't step out.
>> Now I can't step out. Why? Why am I being detained? Cuz he never told me. He said, "Have I been in an accident?" I said no. He said >> he said your bunker's dragging on the ground and >> it's the left hand. Okay. It's the left hand side.
>> So he has every right to pull you over.
That's an equipment violence.
>> So am I being detained just cuz my front bunker he said have you been in an accident tonight? My airbags would be deployed.
>> Okay.
>> He can write you a ticket for having your bumper dragging on the ground.
That's a violation.
>> Okay. So can he write me the ticket then? Cuz he don't need he don't need my passenger information by law. That's all I'm saying. Like so we can go on our merry little way. Like we're not trying to give him in trouble. He's just trying to take the long route about the thing.
Like, okay, if if you're going to write me a citation, write me a citation. He asked me a question, I answer it, and he's still not happy. So, what like what else do you need from us? Cuz he don't have to give him his information.
>> Have to discuss with him, man. I'm just telling if he can't.
>> So, I can't request a supervisor.
>> I can't request a supervisor.
>> You can you can request.
>> So, so where's the supervisor?
>> Did you request one?
>> Yes, >> we got it on court. Do we have >> Right. Do we have to We got it recorded.
>> Still not currently uh follow my directions.
>> All right. So, never mind. And you guys are UC police, right?
>> Okay, >> sir.
>> Um I'm at the UDF on Clifton. Can I get a Cincinnati police officer on site?
>> I believe so. It's the UDF. I'm right up the street from the fire station. My name is Saxton. Sill Henley. Hen L E Y. I'm just requesting a a Cincinnati police officer on site.
5132239839.
Um, a UC police officers are harassing me and they won't tell me why I'm detained, but they won't let me go. So, I need a UC uh Cincinnati police officer on site. Oh, and if they're not providing it to me.
>> Yeah, we chatted up and they're still we're just >> still need your name and your address. I told you, man. I'm not getting out of the car. You're not getting that information. I don't have to give that.
>> I'm not being detained, so I'm not.
>> Okay.
>> Okay. You I'm not giving it to you.
>> Okay.
>> It's crazy.
>> Did Ste answer up?
>> Ste, did he answer up?
>> If you're pulling him over for something, you need his identification.
You don't need mine, >> right? I'm I'm glad half of y'all here and half of you don't. One police officer.
>> I'm trying to figure out why you're not going to give us your ID.
>> Why? What do you need my ID for? like where you're from.
>> Why do you need my ID? Cuz I don't want to give it to you.
>> If I'm getting wrote up for a citation, like what does he have to do with it?
>> We just like to know who's ever in the car.
>> Why you Because you like to know. So I got to give you my information cuz you like to know, >> right? He [ __ ] >> He ran my plates. I'm not a criminal. He have all my information. Like >> I don't have a warrant. That's not the point of the matter here. The point of the matter is I know my rights and I don't have to give it to you.
>> So you just won't play like me.
>> So now I'm not playing a game. It's my rights. So I'm not giving it to you. I'm not violating my rights to please you.
>> Okay.
>> I'm trying to go home. Like he trying to like gosh, right? If you writing a citation, write the citation.
>> Right. Y'all pull this [ __ ] off on people who don't know the law.
>> Like he clearly see my >> Y'all be right here clueless. Y ain't Y'all ain't do [ __ ] Y'all ain't do [ __ ] cuz y'all not able to. That's why you ain't do [ __ ] >> All right man. Y'all better play this [ __ ] with some little boys.
>> So I might be detained or not.
>> Man, don't don't be digging in your pocket.
>> All right, man. Well, why do you why why are we being Are we going to jail or are we free to go?
>> That's what we're asking >> for what?
>> Stop moving around. Stop putting your hands in your face.
>> All right. Okay. Well, [ __ ] you the one with the gun and [ __ ] >> So, where why are we being detained?
>> We explained that to you already. An equipment violation.
>> Okay. Equipment violation. So, we told you the matter of that right now. So, what else is going on?
>> That's why you're being detained right now.
>> Okay. So, what else is going on? What are we doing about this equipment violation?
just being harassed.
>> Huh? What's going on? Can you tell me what's going on? What are we doing about this equipment violation?
>> Apparently nothing. You haven't fixed it yet, >> right? Okay. So, what are we doing about it? Are you writing a ticket for it? Are we free to go? Can you write the ticket so we can go?
>> You're not free to go right now.
>> Can you What are we doing then? What are we doing?
>> We're not doing >> being detained right now.
>> Okay. Being detained for what? We're being detained for this.
>> You guys wanted the supervisor?
>> It don't matter.
>> Are you writing a ticket for this or not? your supervisor. That's crazy.
>> Hey man, what's your name? State your name. And you're being recorded. What's your name?
>> Cuz my lawyer is going to eat this up.
>> No, you don't know your name.
>> Okay. So, what's your name? I'm actually You're a public servant. You're a public servant, right? Are you not a I'm not I'm not shouting at you cuz you're you're I can I can see. So, what's your name?
>> When you shout at me, >> what's your name? My lawyer's going to eat this up.
>> What's your name?
>> You asked for my supervisor.
But then did you not say okay cuz we can record the camera and you said you're not going to give me your supervisor.
You said I can request it all I want >> and now so what's your name?
>> So what's your name?
>> You're a public servant.
>> Gosh.
>> See what they did to that girl by Kentucky just shot through her window four times. Killed the little girl. 19 years old.
>> Nah. She tried to run him over so that's understandable.
>> But still he should have got back in his car though.
I I >> Why would you jump in front of the car?
>> I just find that crazy. Like, first it's, "Oh, you're not going to get my supervisor. You can request all you want." Now it's, "Oh, you ask for my supervisor." What? So, what are we doing here?
>> It's cold as [ __ ] You just want to hang this door open cuz he ain't getting my ID.
>> That's crazy. Like, if I'm getting written up for a citation, write me up for the citation. Don't hold me against my own will for nothing. It's a citation. Like, come on. I've been pulled over plenty of times. I I never had to go through this. More likely you guys think I was drunk. You thought I hit something, which I clearly didn't.
And I can go take this part off tonight.
If I was an accident, airbags would be deployed. We don't see that. And he see if it's that major to pull me over, you would see my airbags being deployed, right? That's crazy. Like we we're all grown here. We have common sense.
Like I said, they usually get [ __ ] don't know the law. That's the problem is it ain't happen. They just willingly give up their [ __ ] and they don't know their rights. [ __ ] that.
Tell your supervisor. I can I can answer all the information cuz I'm pretty sure he's going to ask me the same thing.
I requested a supervisor. I'm pretty sure Gosh.
>> Mr. H.
>> Yes, sir. I'm the administrator. I'm the night shift supervisor. I understand. Do you want to talk to me?
>> Yes, sir.
>> And what would you like to ask?
>> I was wondering why I was being detained. He said I was getting rid of citation. We haven't wrote the citation yet.
>> And then when I said, "Can I speak to your supervisor?" He said, "No, I can request all I You can request all you want. You're not going to get my supervisor." And now I'm like, "Okay, so can I get my citation?" "No, you're going to get my supervisor." So like, >> well, I'm here. I will ask him what the issue is. Would you mind asking how'd your bumper end up that way?
>> I actually got hit at work. Okay.
>> Um like six months ago and I was going to take the bumper off cuz it got worse as the time went on. And then he said, "Have I been in an accident tonight?" I said, "No." He said, "Have you been in an accident in 4 months?" I said, "No."
And he still like, so I'm like, "What's the problem, officer?" He's like, "Have you?" And he kept asking me. I'm like, "You you don't see any airbags being deployed?" No, I'm not drinking and driving. I haven't been in an accident tonight or in the past four months and we still couldn't get nowhere. Like he was like incompetent.
>> Okay.
>> Well, it is routine for us to ask when we see accidents like this because of hit skips >> been involved in an accident and then do a check with the city to see if they've had any reported. Okay, which is reasonable because obviously had this this drug passed them, it would have been a little negligent. Not at least doing a quick query.
>> We understand that. But when do it stop?
>> Well, then let me see what's happening.
I just got here. They requested and I came directly here. All right.
Understand?
>> And he's the driver. I'm dealing with him. Okay.
>> All right.
>> Because it's his car. It's your stuff.
>> Right. But that's what I'm saying though. So if >> I'm dealing with him, >> you understand? So if they dealing with him, >> if they dealing with him, why they keep questioning me?
>> Cuz I'm asking why they questioning me.
>> They had asked me to step out the car.
>> You made a perfect >> You made a perfect example. You said your guys are dealing with me because this is my car. Correct.
>> So when they asked you need to find out.
>> Okay. So when they asked my passenger what's his information? I said by law he don't have to give it. It's my car. You pulled me over. I'm driving the vehicle.
We went into this big step out the car for what? Like is that not by law? He don't have to give his ID up. So like and we just kept give your what's your information? What's your information? Do you have warrants? You're not going to use the scare tactic. That that doesn't work. It doesn't matter if you don't have warrants. You don't have to get this information. And that's why his Why is this door open if you guys are dealing with me? And I'm like, so what am I here?
>> Who opened the door?
>> No. No. You open the door and get out the car.
>> We're not going to replay the video.
>> Police officer, >> right? I'm talking the lawyer's going to Can you state that again? He opened the door.
You can't say that. I know. Boy, we going to have a field day.
Well, can I can you shut the door, officer, please?
>> If I shut the door, he'll tell me to get my hands out my pocket or something.
>> You're you're moving too fast. So, can we shut our door, officer?
>> Oh, you can't answer that. Yeah, you on you're on camera, boy. I'm telling I already know.
>> It's crazy. I'm posting this [ __ ] straight to YouTube, >> right? He can't say nothing now. He on camera. Watch what we say, officers. I know.
It's funny how you guys are public servants, but you can't serve. You can't answer any question.
You act like I I feel like God didn't rob the paper, son. I go to work. I make an honest living.
>> This >> and that's how I be, man. Like everybody you see with a nice car and drug dealer.
I mean, if it's cool to me if you just say you just thought you was drunk and he hit something, >> right? I that's understandable. I would have been talk that would have went fine instead of >> If that's the case and you figure out otherwise, why are we still here?
>> That's the point of the matter.
>> It's cold as [ __ ] >> And he made a good point. He ain't even want to talk to me, >> right? Like you just proved our point, >> right?
>> Why am I talking to you? You're not the driver. Oh, >> right. That's that's been his whole conversation though, right?
>> Gosh, you guys going to try to get me on something. I already know it don't take this long.
missing all the people coming from downtown. That's really drunk.
>> Mr. Henley, we've checked with the city.
>> Yes, sir.
>> There's no description to anything they have. Officer Wehei will finish up the citation for the un world worthy vehicle, which you can read as he gives it to you. You have any questions, please exercise all the rights you wish with the system. Okay.
>> Yes, sir.
>> Okay, that's all we got.
>> I'm gonna close your door here. Is that okay? It's perfectly fine, sir.
>> The Fourth Amendment prohibits the seizure of any person without reasonable articulable suspicion directed at that specific individual. And in this encounter, no officer at any point articulated a legal basis for demanding identification from or ordering the exit of the passenger in the stopped vehicle.
Under Ohio law and the Supreme Court's ruling in Rodriguez v. United States 2015, a traffic stop may not be extended beyond the time necessary to complete the purpose of the original stop unless independent suspicion exists and the physical opening of the passenger door without consent, legal justification, or an articulable threat constitutes a warrantless intrusion with no basis established on camera. Any passenger in a vehicle during a traffic stop in a non-stop handdified state has the right to remain silent and decline to produce identification. And invoking that right as this passenger did is not a criminal
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