Under the Fourth Amendment, a lawful investigative detention requires reasonable articulable suspicion of criminal activity, not merely suspicious behavior or generalized observations; the officer's claim that driving past an active traffic stop multiple times on a public highway does not meet this standard, making the detention unlawful and the driver's refusal to provide identification entirely lawful.
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Driver Challenges Baseless Stop—Officer Has Nothing to SayAdded:
You not going to run a driver line because he didn't commit a crime.
Suspicious activity is not a crime. You have to be a particular what he's done, what he's about to do, or what you think he's done that has broken the law. Now, go and get some training.
>> A driver and his passenger were detained on a public Florida highway, not for any traffic violation, but because an officer claimed driving past an active traffic stop multiple times constituted suspicious activity. Under the Fourth Amendment, a lawful investigative detention requires reasonable articulable suspicion of criminal activity, a standard that observing traffic on a public road does not meet.
What follows is a documented encounter in which an officer demands identification without legal footing. A driver refuses, a supervisor is called, and the stop collapses under its own justification.
>> Go back up.
>> For what?
>> 192 summer 65 1050.
>> Stop the bias policing, and I'm telling you now Stop the bias >> Stop calling Stop Just listen.
>> Stop calling Reeves out with the dog, pretending that the dog is hitting cuz I know about all that.
>> Okay.
>> All right. Stop it. Just stop it and do your job.
>> Scott, can you be with us, please? Have Scotty be with us, please.
>> Come on, Scotty. Come on, give me something.
For what?
>> Sir.
>> You go back up.
>> For what?
192 summer 65 1050.
>> What's up there, knocking folk? Welcome back to the channel. Now, I want to invite you into my life, man, to where these ego-driven bias policing tactics has really affected my life, but I give thanks, man, to God for my life coach, King David Copper, to help me balance the triggers that they use to make me kind of go off on them, man, because I'm very protective of my family and the way that they have been doing us throughout the years. I'm going to take you through a journey to let you see exactly how Scott Marrow has been dealing with these tyrants and the way that they have been doing my family and community just because they feel that they can lure me into some sort of a fight that would be unethical and also illegal if you know what I mean. I'm not going to be lured into a firearm fight but I will use the law against you and you will absolutely line my pockets with the way that you have been trained with you and your your your supervisors and all the way up to the top. So, I'm going to get down to the bottom of it. I'm not afraid of you. However, I will not lay down with you and I will not lay down for you. So, y'all just check this out and let me know what you think in the comments.
>> 192 out of 47106 x-ray zero on a gray color vehicle actually parked vehicle the same 10-20.
No problem. So, I was conducting a traffic stop. You guys are driving by.
>> Mhm.
>> Three times.
>> Yeah, okay. Three times?
>> You understand Yeah, that third that's the third time you guys are coming back.
Okay?
>> no, it's not.
>> Okay, that is suspicious activity while I'm conducting a traffic stop.
>> no There was no There was no vehicle there when we came back.
>> Okay, I conducted I conducted a traffic stop.
You guys are driving You guys are driving back and forth, okay?
>> Uh-uh and and >> Why?
>> Uh this is a public highway.
That's why.
>> Okay, but when we're conducting an investigation >> anything.
>> Yeah, we are finishing our investigation here on the side of the road. It was not done.
>> Even though y'all stop was done though, right?
>> Yeah.
>> So, we was curious why y'all stayed on the road while people got to go around y'all and stuff, so we came to check it out.
>> I hear you.
>> Did you see my lights off?
>> It was on >> Did you see my lights off?
>> They're not off now. What that mean?
What does that mean, hotshot?
>> When my lights are running, I'm conducting an investigation on the side of the road, yes. Okay, and you're driving by me multiple times.
>> And what that mean?
>> Are they slow rate of speed?
>> And what does that mean?
>> And that is suspicious activity when I'm conducting my investigation and you're steadily just sitting here driving past us.
>> No, >> sitting and driving is two different things. You say sitting >> No, you were not sitting. You drove past me.
>> No, I didn't. I was on the phone.
>> Okay, I don't know what you're trying to establish, okay?
>> Who is he to you?
>> That's my father.
>> Okay, I was just curious.
>> Yeah, but he can't say the mask is suspicious.
COVID still exists, you know what I mean?
That's not suspicious on a man. I just seen a kid walk in with a full [ __ ] ski mask on in Dollar Store.
>> No, that's not It's just It's not that.
It's just a combination. It's just a combination of everything.
>> Everybody drives like that.
>> Yes, sir.
How are you doing?
>> Not too bad, sir.
>> You don't You don't You don't need to give him your driver's license.
>> Yeah, I'm just This is a This is a traffic stop.
>> What What What What's What's What's What's the traffic stop? What is it all about?
>> It's I just explained it to you. While you're sitting there recording, you can rewatch your recording.
>> No, no, what's the violation though for the traffic stop?
>> on you. I'm just going to run your driver's license to get you >> No, you're not. You're not running his driver's license.
Cuz he didn't he didn't break a law.
He didn't He didn't break a law.
>> You driving back and forth while >> On the highway, on a public highway.
I told you already.
After your stop was done. Your stop was done. The car was going, you let him go.
You let him go. You let him go.
>> Were my lights off?
>> But you let him go.
>> Were my lights off? You let him go. Were my lights off?
>> You're let them go.
>> I let him go. Were my lights off?
>> Your stop was done.
>> Your stop was done.
>> lights Were my lights off? You let him go. You let him go.
>> Were my lights off? You let him go.
>> Were my lights off?
>> But you let him go.
>> Were my lights off?
>> You let him go.
>> Were my lights off?
>> You're let them go.
>> I let him go. Were my lights off?
>> So you were done.
>> I was done with my lights off. No, I was not done. You were done because the vehicle was done.
>> LET ME FINISH TALKING.
>> WHAT THIS is is an investigative stop cuz of you guys passing back and forth.
>> I'm not done yet.
>> Yeah, you were not done.
>> Yeah, I was not done.
>> You were done because the vehicle was done.
>> Let me finish talking.
>> What this is is an investigative stop cuz of you guys passing back and forth, okay?
>> Investigative stop.
What are you saying, investigative stop?
It's not a stop. What are you saying, it's not? It's not.
You're not getting his You're not getting his license.
Is he being detained?
I want you to answer this. For what?
>> He's detained right now.
>> For what? What crime?
>> a traffic stop.
>> No, no, no, no, no, no. What is he being detained for? You're about to get in trouble, Hightower. I'm telling you straight >> I'm not in trouble.
>> You are. I'm telling you. You're You are.
>> I'm conducting a traffic stop, okay?
>> Okay, what's What's What's the violation? What's the violation?
>> I explained to you already. Like I said, you can rewatch the recording. You sat there and had a 2-minute conversation about it.
>> What you Oh, no. I can drive past y'all all day. What you going What you going to do? You going to give me a violation?
If I roll my bicycle past y'all three, four times, is that a violation?
>> It is considered suspicious activity, yes.
>> Oh my god.
>> While I'm conducting an investigation on the side of the >> Wait a minute. You got your feet.
>> So he gets to us. He gets to >> Long as you got your feet, man. We giving you your feet. We didn't stop and stare at y'all. We passed by y'all.
>> It don't even matter. We can stop anyway.
>> How many feet is supposed to be when you jump in when you conducting a stop?
>> It's still COVID still exists, man.
COVID still exists.
>> Then why did you take your mask off right now?
>> That's what I'm saying. COVID still exists.
>> Then why did you take your mask off right now?
>> I'll be getting angry right now.
>> All right. Can I have your driver's license?
>> No.
>> Can I run your driver's license? Good job.
>> You're not You're not running his driver's license. I'm telling you straight up. You're not going to run his driver's license because he didn't commit a crime. Suspicious activity is not a crime. You have to be articulate what he's done, what he's about to do, or what you think he's done that has broken the law. Now, go and get some training. You going to get trained.
>> Yes, you do. You need training.
>> No, I do not.
>> You You are. You are.
>> All right. Y'all hang out for me.
>> Hey, we we we being detained?
>> Yes, sir.
>> For what?
>> It was a traffic stop, an investigative stop. It's not >> It's not a traffic stop.
>> investigative stop when he pulled me over. And And you explain it.
>> It's been explained.
>> Explain it again. Are you lying right now?
>> Yes, sir.
>> I can't wait to see Oh, you know what? Matter of fact, call L31 out here right now. Get him out here.
>> Who?
>> Smith. Get him out here. Get him out here.
Get him out here.
>> Get who?
>> Lieutenant Smith. L31, you heard me. Get him out here.
>> He's not working tonight.
>> Well, who Who Who's Who's your supervisor tonight?
>> It's not >> Smith, who? But he's not working tonight.
>> Get get get your supervisor on the >> No, no, man. Y'all Y'all saying we suspicious, but she just said Lieutenant Smith, who?
And then she said he's not working tonight.
>> Well, cuz we know who's working tonight and Lieutenant Smith is not one of them.
>> Lieutenant Smith?
>> He said he said Smith. I said who? We have more than one Smith, so I didn't know which one he was >> L31, y'all got more than y'all got more than that.
>> Lieutenant Smith.
>> I'm going to be that's that's >> Oh, man.
>> I'm on my way.
>> Yes.
Here, 45.
>> He threw my car cuz I don't get further off the road. Further off that road.
>> I got a wire wire right there. I couldn't uh I couldn't go over that wire.
>> Okay, I got it.
>> Yeah, I'll get it further off the road.
>> 460 dispatcher.
>> Yeah, I'm on >> No, normally he's nice. I I I don't I don't I don't see him. I don't remember him before, but I don't know why he got a chip on his shoulder.
>> Our sergeant is on the way.
>> Probably because he's been under Wilson, Corporal Wilson, and he's a tyrant also, and he's been training that guy.
See, I'm not new at this. I'm true to this. I'm serious.
You done? Hey.
I'm out.
>> Got a car coming.
>> And I would have been going about my way if he wouldn't have did this. Y'all know we was past y'all. You know for a fact.
We was gone. He did this, so I turned around. That's what happened. That's exactly what happened.
Me, I'm just nosey. I just wanted to come see what was happening.
And then when when you when you give me one of these, okay, I want to know what what that's for. That's all that was.
That's all that was.
But he like he he he he I'm telling you, he used to be a good cool dude.
He he he really did, but his escalation skills done just uh vanished since he's been hanging around Wilson and now and you know >> Hang on, sir. You got one more on the other side.
>> Appreciate it.
>> Yeah, no worries.
>> I love law enforcement. I love law enforcement. I love law enforcement. You got to love it.
>> man. You know, tonight we didn't have a problem.
>> How? Busy room.
>> You you did real good. You was observant. You know what I'm saying? You I I walked up Nobody knew it but you did. You know what I'm saying? So, I commend you on that. That's good. You good. You sharp. Especially for being here 2 years.
>> Yes, sir.
>> You got another one coming?
>> You got another foreman on tiny?
>> You can't speak for the driver.
>> You're right.
You're absolutely right about that.
>> You got supervisor coming, bro?
>> Yeah, I just got off the phone with him.
>> Okay.
>> Um he said he's coming to talk to you if you want.
Um it's up to you if you want to sit down here and talk to you. Um He's trying to prevent anything. He said just let you go if you want to go.
>> All right.
You going?
>> All right.
>> All right, hot shot.
Y'all won't have a Y'all won't have a problem with me. If you don't If you don't give me a problem, I won't have a problem. And that's real.
>> Every time I run into you, you always you always try to do stuff.
>> No, the first time The first time me and you met The The very first time me and you met, it was very good encounter. I saw you sitting over there by the park and I pulled over. I thought you had a real good demeanor. You pulled my grandson over. You were really good. You know what I'm saying? That's what I I was telling them. You were a good guy.
>> You always act like that for our protection and cameras and stuff.
>> I don't I'm I don't If you want to comment back, I wouldn't have came.
>> It ain't against the law.
>> But But if you want to comment back, I wouldn't have came. You did like this?
>> I want to know why you came back. That's That's like what What's your problem?
>> So, I came back to answer what the problem was. That's a callback, brother.
>> You're wearing a mask. He's driving back and forth and why?
>> You're going to pull Everybody that have a mask >> Not unless they drive by me three times like that.
>> Well, you'll be stopping people all damn day long.
>> You're the first person I've seen wearing a mask in a long time.
>> Well, you're a good detective because there's a lot of us out here. You even work with somebody. You even work with somebody that wear a mask. So, you stop there.
>> really don't.
>> Seriously. Well, I mean he's He's on the force. He's not one of your brothers.
Come on.
>> not on my shift. I personally don't know who you're talking about.
>> You don't? He's the only black guy I see running around here with a mask on.
>> A big fat guy.
>> I know his name but I'm not going to I'm not going to do him like that.
>> Yeah.
>> I'm trying to Well, that's fine. But anyway, I'm going to I'm going to I'm going to end this and I'm going to go on about my way.
>> All right.
>> But but this is not going to last. I'm going to see you, man. I'm serious.
>> know you you stay around this area. I run I run into you all the time.
>> Not all the time. You don't run into me three times.
>> I got you That's more than once or twice.
>> And I and I've been investigating you for a while. I'm just letting you know.
For a while. I got stuff that you don't don't know I have. Stop the bias police and I'm telling you now.
Stop Stop calling Stop Stop calling Reeves out with the dog pretending that the dog is hitting cuz I I know about all that.
>> Okay.
>> All right. Stop it. Just stop it and do your job cuz I believe you can be a good cop. I believe you can be a good cop.
Okay?
>> All right.
Appreciate it.
Y'all have a good night.
>> Y'all have a good one.
>> Good night.
>> All right. Y'all take it easy.
>> Have a good night.
>> You too.
>> What you doing?
>> This encounter implicates the Fourth Amendment's protection against unreasonable seizures. The officer's stated basis for detention, that occupants drove past an active traffic stop multiple times on a public highway, does not constitute reasonable articulable suspicion of any criminal activity under Terry V. Ohio 1968 or its progeny. The officer failed at every point to identify a specific articulable fact connecting either occupant to a completed, ongoing, or imminent criminal offense. The minimum legal threshold required before any person may be lawfully detained and compelled to produce identification. Any driver who understands that lawful detention requires specific criminal suspicion, not generalized or combination-based observations, is better positioned to assert their Fourth Amendment rights calmly and on the record.
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