Under the Fourth Amendment, a consensual encounter becomes an investigative detention only when a reasonable person would not feel free to leave, at which point officers must have reasonable, articulable suspicion based on specific observable facts; a vague complaint about an unrecognized vehicle does not automatically meet this threshold, and citizens have the constitutional right to refuse to answer questions or provide identification during a consensual encounter without legal obligation to cooperate.
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Police Had No Right to Question Him — He Made Them Realize ItAjouté :
Somebody called in a complaint.
>> Well, I didn't call you.
>> I'm sorry.
>> I didn't call you.
>> Okay. But I'm here.
>> Okay. Yeah.
>> All right. So, you got a reason to be here?
>> I do. Yes.
>> And what is your reason for being here?
>> That's none of your concern.
>> Really?
>> Yes.
>> I don't know what it is, but these people are wondering like, "Why is this car?"
>> And they could wonder, but again, that's none other business either. You know, I'm I'm a as a free citizen, I should be able to travel anywhere I want to without being investigated on.
>> You're not being investigated.
>> Clearly, you are cuz you're asking me what I'm doing here. A man sitting in a legally parked car was approached by two officers responding to a neighbor's complaint that they did not recognize the vehicle. A call that described no crime, no threat, and no articulable suspicious behavior. Under the Fourth Amendment, a consensual encounter becomes a detention the moment a reasonable person would not feel free to leave. And at that point, officers are required to have reasonable, articulable suspicion grounded in specific, observable facts. What follows is a prolonged encounter in which two officers cycle through the same questions repeatedly and the driver who holds a graduate degree in criminal law procedure holds his ground at every single turn.
>> How you doing?
>> Good morning, sir. What can I do for you?
>> What's going on? How may I help you?
Somebody called in a complaint.
>> Well, I didn't call you.
>> I'm sorry.
>> I didn't call you.
>> Okay, but I'm here.
>> Okay. Yeah.
>> All right. So, you got a reason to be here?
>> I do. Yes.
>> And what is your reason for being here?
>> That's none of your concern.
>> Really?
>> Yes.
>> Okay.
>> Have you ever heard of a funeral movement? that you can do.
>> That's fine. But you don't live in this neighborhood.
>> How do you know that?
>> Well, that's where I'm at. First of all, >> but that's none of your business.
>> Somebody called in a complaint.
>> Well, that's that's not that's not a a crime. That's not a misdemeanor. That's not a felony. So, there's no reason for you to be making contact with me other than >> being called right of inquiry, right?
>> If I if I allow it to be a consensual encounter, right? So, um is there anything else that you need?
>> Two cop cars because I'm parked here.
Somebody I guess somebody called on me.
So, they're coming here to investigate a known criminal activity. How you doing, sir? What's your name and badge number?
P number.
>> Show to success.
>> Thank you. How about you, sir?
>> You can see, right? You see?
>> Oh, that's what you're going to tell the judge.
>> Really? All right. So, I'm going to ask you again. You have a reason to be here?
>> And I say and I already told you again.
>> No, you didn't tell me anything. What's your legitimate being?
>> I'm not going to tell you. That's not your concern, sir. That's not your concern. Being parked in a car >> without any kind of reasonable trigger suspicion. You cannot be coming here and asking me. You can have all you want. I have a masters in criminal justice with a criminal law procedure. That's why I'm becoming a cop because guys, not you cuz you just came here. Well, guys like you, get your police department sued left and right. And who pays for that? We do.
Taxpayers. Because cops like you do not know what they're doing.
>> Again, I'm going to ask you.
>> And again, I'm going to tell you. I'm not going to tell you.
>> You have no reason for being here.
>> I do. I'm not going to disclose that.
>> Okay. Well, why you don't want to tell us?
>> Because I don't have to. I don't.
>> Is that a principal? What's the deal?
>> Because the way he's coming at me asked me if if you question the answer. Yeah. You came here politely, which >> I said to you, we got a complaint >> from a from a homeowner here about your car being otherwise, you wouldn't be here.
>> Officer, you seem a little bit more reasonable. If somebody calls you to check on a vehicle, right? A suspicious vehicle. That was the call, correct?
Suspicious vehicle.
>> You come here, you check that. I'm just sitting here. There's nothing illegal in the car. You cannot smell any marijuana because like I said, I'm becoming a cop myself.
>> Who mentioned and you don't see anything?
>> We're just having a conversation. You just want to make sure that you're good, that you're >> I'm fine, which I already explained. I have a reason.
>> Maybe you deliver newspapers.
[clears throat] Maybe you visit a friend. We're just trying to understand that you're good. That's it.
>> You I understand. I understand. But I have no legal obligation to help you in your investigations. I can just say I'm just sitting here. I have a legitimate reason to be here. That should be the end of it. Okay? You're good. Have a good day, sir. But you want to escalate it. I don't know if you want to let your ego get out get out get in your way. Get on your judgment.
>> You don't know me, bro.
>> But you obviously don't know.
>> Well, we're still talking when we shouldn't be. I already said I don't I I don't want to be having this conversation. I want to continue my day.
have do you have legitimate business for being here >> for the fourth time? Yes, I do.
>> And what would that be?
>> Which you're now going to know.
>> Okay. So, instead of being you cuz I'm hearing two things. He wants to be a cop, but he's actually very anti to me if I have to.
>> Definitely not. [clears throat] >> You're very anti.
>> I'm anti. Let me explain something. You have a you have a you have a masters in criminal justice. I do, sir. Okay. And I got two master's degrees. Okay. Let me explain something to you. Let me That's none of your business. Let me explain.
>> Oh, it's none of my business. But it's your business for you to know what I'm doing.
>> Are you open to having a conversation?
>> I'm not open to having a converation.
That's the thing.
>> I like to continue what I was doing on my phone waiting for I'm waiting for without having to have interaction with law enforcement.
>> That's it.
>> But understand what I'm saying to you.
Okay?
>> If you sitting up here and you understand if you have a masters in criminal justice, you >> No. No. Hold on. Hold on. Hold on. Hold on.
>> And you have a duty >> Mhm.
>> All right.
>> Yes. based on a phone call, a complaint, you have to investigate it. So, what you going to say? I can't do my job.
>> No, you can come here, do what you did.
>> So, what I asked you was, and I was very polite.
>> Yes, you were.
>> I didn't use no foul language. I didn't yell. I didn't speak, >> which I appreciate. What department's policy >> and I explained to you I explained to you.
>> I said, "We got a complaint, >> right, >> from a a homeowner, >> which I understand."
>> Right. So, it's our duty to find out, okay, if it's a car that they don't recognize.
>> Correct.
>> Right.
>> Correct. We have to inquire to see what who it is and what's going on.
>> Correct. But that doesn't mean that I have >> You're taking You're taking offense to me >> for doing my job.
>> This is not Listen, this is not the first time.
>> Are you at the same But then you say that to me. Say, "Look, brother. You know, I I go through this all the time."
Yeah. Well, you know, listen, I've been I've been parked in neighborhoods and the same thing is happening.
>> Okay. But I have a legitimate reason. I said, "Yeah, this is this is okay. I'm not going to share it with the person that made the call, but I'll share it with you officer. This is what it is."
>> You got that if I want to. I don't I don't have to. And that's what that's why you need your that's for correct.
>> Okay.
>> Of course.
>> That's why if you say to me, look, I'm I'm doing this in this address. Then you know what? Then >> thank you so much. You know what? Don't worry about it.
>> I don't know what it is. But these people are wondering like why is this car >> and that could again that's none other business either. You know, I'm I'm a >> as a free citizen. I should be able to travel >> anywhere I want to without being investigated by >> not being investigated. Please know you are cuz you're asking what I'm doing here for 1054.
>> They got 96 and 641.
>> This is 96.
>> Listen, like I said, we just wanted to make sure that you're good, right? If you just, you know, cooperate, you know, >> but I don't have >> from our point of view, you know, I don't know if you live in the area. Do do you live around here?
>> But that's the thing. You don't know.
>> I'm just asking.
>> You don't know. But you don't have to know.
>> I'm I still could ask though.
>> Yeah, you could ask. And I respectfully decline.
>> It's that simple. But you understand where we're coming from, right?
>> I understand where you're coming from.
Yes. But I also understand how to go.
Listen, my cousin's an LT. Like I deal with this like they know they they have told me how this should have gone. Like how this interaction should go. Hey, how are you? Are you okay? Like do you have any business in the area? Yes, you do.
Okay, great.
>> Nothing seems legal. Have a good day.
That should be Let me ask you a question. You got common sense, right?
>> I do.
>> Let me ask you a question, >> right? If somebody was burglarizing someone's listen. If somebody had criminal intent >> to burglarize somebody's house and they're sitting in a car and I'm not saying you are understand what I'm saying to you and they said and I came and investigated and they said the same thing. Oh well no there's nothing uh yeah I'm here on business you don't have to know what that is.
>> Yeah.
>> Okay. You can say but you that person's not proven it to me by merely saying that they're here on business.
>> Okay.
>> Okay. So, what do you think? What do you think the I want you to tell me what the outcome the outcome will be if I don't tell you what I'm doing here?
>> Again, you again, you want to turn this into a confrontational situation.
>> Do you got I just asked you basically I told you what it was.
>> Okay. Um I don't know exactly. You stood up and said you got relatives on the police force. Obviously, they haven't and you're not well informed by them.
>> Understand what I'm saying? Understand what I'm saying? Because >> so all the LTS I know are wrong. But you're right. I don't care what their positions are, but understand what I'm saying to you.
>> Right?
>> If you're a taxpayer and you're a homeowner, >> right? You live in a neighborhood. If you saw a car that was sitting in front of your neighbor's house, maybe your neighbors was away for two or 3 weeks, right?
>> And you were like, "Yo, that car been sitting there 2, three hours, whatever it was, it didn't sit right, >> three hours."
>> No, listen, listen, listen.
>> I just got I'm giving you a scenario. I'm not I'm not saying I'm not accusing you. I'm giving you a scenario. Right.
>> And I say, "Okay, 2, three hours, blah, blah, blah." But it's not sitting right with you.
>> For whatever reason, you're like, "I don't recognize."
>> I would call the cops. Yeah.
>> Now, I don't we don't we have to respond because that's our duty to respond.
That's why I said if you got family on the force, call them up and ask them what they what they would tell you.
>> I know they would try to do exactly what you're doing.
>> In other words, I don't sit up here.
I've been pul I'm a cop. I've gotten pulled over.
>> I'm not going to sit up here and say, "Well, >> you know, I don't have to listen to what you you know, you know, you you're asking me, but hey, you know what? I don't have to give you my ID or I don't have to do this. I don't have to do that.
>> Depending on why you're >> unless you Yeah, but you know what? I don't take offense to the cop.
>> I I didn't take offense. Oh, I think you you did.
>> No, I'm I'm sorry if I convey that way.
I just >> You did here. Yeah. Listen, bro. I've been there, bro. Come on, man. I've been there. We're here on a complaint that somebody called in. If they didn't call, we wouldn't be over here. We wouldn't even be over having this conversation.
>> I understand that 100%. Right. My issue is that after the fact, after me telling you that I'm here for legitimate reason, we're still having a conversation where we shouldn't.
>> Legitimate business, there's nothing anybody can say about it. And if they call back again, guess what? Nobody's going to come back.
>> You could come. You could come. I mean, I don't have no I have no issues. I mean, no reasonable person would think that, hey, this guy pull up 7 am in the morning with his Instagram in the car and he's trying to rob my house in this car that it stands out out of like it's not on the Civic.
>> What do you mean Instagram?
>> The Instagram handle right there. The in on the window on the window sticker >> for Instagram. Like anybody could look me up like who would go and try to rob somebody or rob a house with an Instagram.
>> They don't know that.
>> So, you know what it could have been? I don't know.
could have been an older person. Call.
You really think they looking under you?
I've been there. I've had the same thing happen to me, bro.
>> I don't have I don't take offense to the cops. I know >> that cop is doing his job. And like I said, if you got relatives on the force, you know, ask your cousins. Okay. Well, you know what? We had to do that. We I'm not This is not personal.
>> I understand that, right?
>> I understand. I'd rather not even be sitting up here bothering you. But somebody made a phone call. You know the way the way things work. We gota call the next the same person that calls up say hey I call the police when this that another they don't show up they don't do this they don't do their job you understand I'm saying if you're a taxpayer you want a home >> I understand >> you have that same right if you call the police and you say well I called police on that car the other day I don't know what it was there for but they didn't show up or maybe they came they didn't do their job so I say if you if you understand that if even your relatives have conveyed that to you >> then my thing would be >> you wouldn't be taking that type of tone attitude with us like you're taking it personal not taking it personal. I just don't want to be bothered. Like I already told you why I'm here.
>> I already >> You didn't tell me.
>> Well, I I don't even have to. Look, I invite you to call your SGE and say, "Hey, Sarge, I have a car here. They're not doing anything legal. You're just sitting in the car. Do I have any reasonable suspicion activity to ask for the ID or demand what they're doing to know what they're doing and he's going to tell either or not whether or not he's good?" Like a sergeant, he'll tell you yes or no.
>> Too much, >> right? We just want to make sure that you're good, you know?
>> And I and I already said I'm Gucci. I'm good. All right. What What What do you do if you don't mind me asking?
>> What is this? Quiet STI. You said >> that's a car. Quiet SDI.
>> Yeah, but you you use that as a as a as a uh you was talking about they could look it up. What is >> Yeah, that that's my personal profile on Instagram. It has my pictures and everything. So, if anybody's trying to steal or rob a house, they wouldn't have their personal handle. Did I Did I Now, listen. When I came here, did I say anything about you stealing?
>> No, no, no. I'm just saying >> what I said to you is somebody called in a complaint, >> which we get them all the time.
>> Okay. I've come here. I've stopped.
We've had to, >> you know, sit up here and inquire with people who are in person uh private investigators. Some of them are undercover cops, >> right?
>> Dude, there's no there's no exception to the rule.
>> Mhm. Which I understand 100%. You don't >> However, like I said, >> just because you come here and ask me what I'm doing, I don't have to disclose that.
>> What was that?
>> Do you have a lot of exhaust? I don't know.
>> No.
>> Well, modified.
>> No.
>> I figure maybe that's, you know, someone called it probably.
>> I don't know that there are many cars without exhaust. It looks big, but it's not at all.
>> Yeah. Typical WR.
>> All right. Well, this is >> this encounter implicates the Fourth Amendment's protection against unreasonable seizures. Specifically, the requirement that any investigative detention, as opposed to a purely consensual encounter, must be supported by reasonable, articulable suspicion based on specific observable facts. The officers never articulated any fact beyond the existence of a neighbor's complaint, which standing alone does not satisfy the Terry v. Ohio standard and they never establish the legal basis required to demand identification or compel the driver to explain his presence. Any driver who understands that a consensual encounter requires their participation to continue and that silence, refusal to answer questions, and refusal to provide ID in a non-stop and identify context are constitutionally protected holds the same legal ground this driver held throughout this entire interaction.
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