Under the Fourth Amendment, police must have reasonable articulable suspicion (RAS) of criminal activity before detaining or demanding identification from citizens; without RAS, ID demands are unconstitutional, and citizens have the legal right to refuse such demands on public property, as demonstrated in multiple documented encounters where officers attempted to coerce identification without legal justification.
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4th Amendment Defeats Police Overreach | ID RefusalAdded:
and >> choose these words carefully. Okay.
>> If you get a call, what now?
>> So, I'm dealing with you right now.
>> Okay.
>> So, I need to know who you are.
>> Okay. Caution question.
>> Yes, sir.
>> Do you want to go back and forth with an attorney about the law?
>> Well, that that's fine. Okay.
>> Are you an attorney?
>> Do you want to go back and forth with one about the law?
>> To have a exposed taser on your person, you need you can't be a felon. So, I need to see some ID.
>> So, have I broken the law? Have I broken the law?
>> If you're in violation, yes, you have.
So, I need to see some ID.
>> I'm not a felon. So, you don't have any right to search for me?
>> I absolutely >> I don't give up my four my fourth amendment.
>> Absolutely have the right to verify the man. Okay. Um well, you really can't film out here >> on a on a public street.
>> On a public street.
>> You don't need my name. You want my name. Groundless ID demands echo under the guise of security and suspicion.
Under the Fourth Amendment, police require reasonable articulable suspicion, RA, to detain you, not a vague hunch. Recall the landmark case, Leyon versus City of Los Angeles.
Source: Los Angeles Times, where the city paid dearly for the unlawful detention of a cameraman. The right to record the government is the core of the First Amendment. On the thin line between power and liberty, who truly holds the authority in this moment? What will happen if you are the next one in the crosshairs? Follow the ID refusal channel to master your strongest weapon, legal knowledge. [snorts] >> She just looks like she's full of attitude today.
>> Please be nice, Grandma.
>> Please. Sorry.
>> Why are you taking pictures of the property? Oh, just putting together some information about the property. Do you work here?
>> Yes, I do.
>> What's your name, ma'am?
>> I want to know why you're taking pictures.
>> I got to put a story together. That's all.
>> You work for >> myself.
>> A story together about what?
>> This company.
>> Okay. Who authorized you to do that?
>> Me.
>> Okay.
What kind of story?
>> I can't give you that information right now, ma'am.
>> Okay. Well, then you're not authorized to do a story about our company.
>> Oh, I'm not Oh, I had no idea. I'm sorry.
>> I don't you I just need to know. I had a report that that it was suspicious picture taken. So, I just need to know what you were doing.
>> Oh, I'm just out here taking pictures.
Um, a few videos. Going to get some information off any vehicles coming out of the property. And that's it. That's all. Is one of these vehicles in here yours?
>> Okay. I'd rather you not do that.
>> Okay.
>> The owner of the property would not be one.
>> Really?
>> Okay. I'm sorry.
>> Because I mean, if you're not with the company, I mean, be taking pictures of our property.
>> Ma'am, it's really windy and I can barely hear you. I'm sorry.
>> Okay. Well, I have to tell I have to let my boss know.
>> Okay, that's right. Is your boss here?
>> The property.
>> Is your boss here?
>> No, he's not.
>> Oh, he's not. Oh, that sucks. I'm sorry.
Can I have your name?
>> No.
>> Oh, okay.
>> You don't need my name.
>> Okay.
>> You won't I mean, you won't tell me what what kind of what you're doing.
>> I can't release that information right now, ma'am. I'm sorry. I know it's frustrating. I'm sorry. I just can't release that information right now.
>> Well, it sounds very strange to me.
>> Well, I'm sorry. Or I was sent here by someone to get some information.
>> Yes, ma'am.
>> To get some information and I'll get some information and I'll be gone.
>> Well, I don't I'll ask my boss about it.
Sent someone here.
>> No, it wasn't anybody in the company, though. It was someone outside the company.
>> Okay. Somebody that makes no sense.
>> I'm sorry, ma'am.
>> Okay. Well, like I said, I had a report that there was suspicious.
>> They called it suspicious. picture.
>> My gun doesn't bother you, does it?
>> What?
>> I said my gun doesn't bother you, does it, ma'am?
>> Yes, it does.
>> It does.
>> I'm sorry.
>> Well, if no one feels safe, ma'am, y'all can always go inside.
They're not leaving now, which is cool.
So, I'm assuming they called him and he called.
>> Hey, how you doing?
>> I'm all right, brother. How you doing?
>> I'm doing well. Just got a call that you're out here videoing. Someone was concerned.
>> You know how it go.
>> Oh, yeah. Yeah.
>> What's your name?
>> I'm I'm not giving that, brother. You might want their name cuz they called.
>> They called over there.
>> Yeah.
>> Okay.
>> They called.
>> So, why won't you give me your name? Any any information that you need, I'm sure they'll be willing to give it to you.
>> I didn't call you, so I don't really know.
>> I'm just asking for your name.
>> Oh, I'm I'm not giving it right now, partner.
>> Over here.
>> Did you call about you?
>> I'm sorry they wasted your time, brother. Honestly, I am. Can I have your name?
>> My name is Officer Honeyut.
>> Officer Honeyut.
>> Yes, sir. What's your name?
>> I'm I'm not giving that. Can we stop asking that question, please? May I ask why you're not going to get?
>> It is a safety thing of mine and I'm not giving it that they have all the information you need right there.
>> Do you feel unsafe right now?
>> Oh, no. I feel fine.
>> Okay, then why I don't understand. You said it's a safety thing.
>> It is. Well, it's a safety thing and it's a right of mine. And again, I didn't call you. They did.
>> If we get a call and >> choose these words carefully, okay, >> if you get a call, what now?
>> So, I'm dealing with you right now.
>> Okay.
>> So, I need to know who you are.
>> Okay. Got you a question.
>> Yes, sir. Do you want to go back and forth with an attorney about the law?
>> Well, that that's fine. Okay. Are you an attorney?
>> Do you want to go back and forth with one about the law? You don't need my name. You want my name. They have all the information you need. I'm trying to save you a trip. They have all the information you need. I didn't call you.
They did. I'm sorry you came over here to talk to me. I didn't call you, brother. They called you.
>> Good afternoon. North Carolina does not possess a general stop and identify statute, meaning citizens on public property are under no legal obligation to provide identification unless lawfully arrested. By aggressively demanding a name without pointing to a specific broken law, this officer directly steps over constitutional boundaries. The citizen's refusal stands firm on solid legal bedrock, forcing the officer into a legal corner. Sir, >> how you doing, ma'am?
>> I'm doing very well. How are you?
>> I'm all right. Thank you. Have your name, please.
>> My name is Lieutenant Cat Raxster.
>> Nice to meet you, ma'am. They have all the information y'all need. I don't know why they called y'all. Hi.
>> The call we got was just somebody on the corner videoing. Okay. They're in a public space and and I don't even know who called to be honest.
>> It was them right there.
>> Okay. All right.
>> It was them cuz she asked me why. I explained it to her. Ma'am, >> I'll be out your hair in 5 minutes. I'll be gone.
>> She looked down and saw my gun. She didn't like it. I asked her if it bothered her. She said I don't like the fact she got a gun. I said, "Ma'am, if you feel unsafe, go inside."
>> Okay.
>> And then they proceeded to stay to stand there and feel even more threatened when they could have just went inside. I tried to avoid all this >> and then they called and now we're here.
So, >> okay.
>> I don't really know what's going on.
>> Public sidewalk. We can go explain that to them.
>> Okay. Well, I was over there, but I was still on the public e. I checked the GIS survey. Their property line didn't start for another four or five feet where I was standing from. Okay.
>> They She just didn't like my camera. And I tried to explain that to her. I wasn't rude. I didn't yell. I didn't fuss. I didn't cuss. I explained it to You're being perfectly >> She didn't like it and so I came over here.
>> That's when y'all pulled up.
>> All right.
>> That's all.
>> Okay. Well, I hope you have a good rest of your day.
>> You as well, ma'am. You be safe. Okay.
>> All right. Thank you.
>> Can you teach this officer here a little bit about the Fourth Amendment, please?
>> I'm not going to get in that discussion with you.
>> No, that's fine. And I'm sure y'all will do it behind closed doors. That's the internal affairs thing. Teach him about the Fourth Amendment, please.
>> Cuz if you didn't show up, y'all would have been in a lawsuit.
>> Thank you.
Standing firm on public property with legal knowledge is your strongest weapon. Never let intimidation force an ID disclosure without reasonable suspicion of a crime. Your constitutional awareness is the ultimate shield for your civil rights in this nation. Stay tuned because next is an even more aggressive encounter where police use legal weapons as a pretext for unlawful identification demands.
Can you can you explain why you're filming out in front of our business, please? Don't tell me to shush. How about you explain yourself?
Can you guys explain to me what you're doing, please?
Do you speak English?
No, I'm not going to shush.
You guys are in front of our business.
What are you guys doing here? All right, I'll call the police. How are we doing?
No, don't shush me.
What are we doing here? What are you What is all this? Can you talk? Can you talk and not shush? No shushy.
Is this like a YouTube thing you guys are doing or something?
I'm not going to be shushed. This is a place of business. You guys are blocking our entrance.
We have semis that come through here.
Is there something I can help you out with? Are you guys with the company?
If you guys really just want to film me that bad, then I guess that's what we're going to do until you explain yourself.
Are you guys with somebody? Do you have Shushing me is not going to get you [ __ ] [ __ ] You guys need to explain yourself to me, please.
All right.
calling the police just so you're aware.
Yeah. Uh I'm outside of our place of business and we have somebody filming us and uh reporting and they're not explaining it themselves at all. They're they're we're at 15541.
They're standing in the excuse me, what?
No, no, no. This is milspec heat.
chemical chemical name.
Uh there's two gentlemen here with cameras and when I ask them what they're doing, they tell me to shush and they're not explaining themselves.
These guys don't want to tell me what they're doing. What are they doing here?
>> I don't know. When I ask them, they say shush. So, I'm calling the cops.
>> I know. Apparently, they don't understand English. You guys don't understand.
I'm not sure.
>> They look at me one like this. Like, is there an Austin Powers movie or something? Just call the police.
>> They're not in uniform. They're They're in street clothes. They're smoking cigarettes and they're not responding to anything and they're laughing while they film this. So, it's a place of business though.
Okay, thank you.
Too Hispanic.
Try it again.
Um, I would have no maybe late 30s somewhere. Mid-30s. The other one's younger.
We were told >> Oh, and they both have weapons, too.
>> They have guns on their side.
They're holsters.
>> Yeah, no problem.
They're not wearing uniforms and they're not responding to any form of communication.
And the other guy looks maybe in his late 20s also as well.
Blue jeans with a gray shirt.
Yes. And he's wearing a bat for baseball.
>> Black or maybe it's not a hat, so like a fedora type thing. And then the other guy's wearing a black baseball cap >> and a Nike jumpsuit sweater.
>> Yeah.
>> Yeah.
black pants.
>> I don't know. They're um professional looking cameras on a tripod and they're just recording literally all of us.
And when I ask them what they're doing here, they just aren't responding.
No, they're definitely not cops.
My name is Chris.
Le E.
So I have my home address or or here phone number here is uh yeah building and they're waving and well they're not walking either.
Not yet.
All right, there it is. Thank you.
Excuse me. These guys are filming our front of our building and they're filming everyone going in and out. And I went to ask them what they were doing and I noticed they had guns.
So, they're strapped and when I asked them what they're doing, they just went and they're making a lot of hand gestures for me, but I don't know what they're doing in front of our business.
>> Okay. Which one's your business?
>> Right here.
>> This one here.
>> Right here.
All right. So, what's going on, guys?
>> Hey, man.
>> What's up?
>> To have a taser, you can't be a felon.
So, I need to see some ID.
Hello. to have a taser on your person.
You You can't be a felon. So, I need to see some ID.
You hear me, sir?
>> To have a exposed taser on your person, you need you can't be a felon. So, I need to see some ID.
>> So, have I broken the law? Have I broken the law?
>> If you're in violation, yes, you have.
So, I need to see some ID.
>> I'm not a felon. California law does not feature a general stop and identify statute, meaning individuals are under no legal obligation to surrender identification without an active lawful investigation of a specific crime. By asking the pivotal question, the auditor forces the officer to display his lack of legal footing. The legal standard requires facts, not imaginary scenarios designed to bypass the Fourth Amendment.
You don't have any right to search me. I absolutely I don't give up my fourth my fourth amendment. I >> absolutely have the right to verify the fifth man. I plea the fifth. I plead the fifth. Back up, man. Back up.
>> I can walk with you just like you're walking.
>> Back up. Back up.
>> I can walk with you just like you're walking.
>> Back up. Back up. Back up.
>> Don't stop. I can stop. I can walk with you just like you're walking.
>> Back up, man. Leave me alone.
Leave me alone. This is what the sergeant shows you. This is how they teach you to treat the people. What a disgrace, man.
>> You're disgraceful, man.
>> What's wrong with you?
>> Nothing.
>> Oh, nothing's wrong with you.
>> Not a thing.
>> Oh, you acting like a felon or what? You acting like a thug?
>> Acting like a felon?
>> You acting like a felon, aren't you?
>> You're a thug, man.
>> This is how the SS treat you how to treat the people, man. This is what you learned. This is >> How have you been mistreated? Teaches you.
>> Can you explain to me how you're mistreated?
To have an exposed weapon? Well, first of all, >> you're trying to violate my rights. Have I broken the law for you to search me or find out if I'm a felon?
>> Have you been searched?
>> You're not You're not going to search me. Even if I was, you're not going to search me. I don't give you permission.
>> Have you been searched?
>> I don't give you permission for that.
>> Have you been?
>> I don't give you permission for that, man. I don't give you permission to touch me.
>> We'll just stay here with you guys.
>> That's fine. No problem, man.
What's your name and badge number?
>> You can see it.
>> What's your name and badge number, man?
>> You can see it.
>> Your name is You can see it.
>> Yeah.
>> Are you that stupid? You don't know what your name and badge number is?
>> Mhm.
>> All of a sudden, it's You can see it.
>> It's right there.
>> Oh, your name is right there.
>> Yep.
>> Hello, Mr. It's right there. Is that the name your father gave you or what?
>> You're a disgrace, man. You're a disgrace.
>> You're a nice person.
>> You're a dis I know I am. I'm a real nice person compared to you. woman. I'm >> You understand that having a weapon on you, there are limitations to somebody being able to carry a weapon?
>> If I was a felon, that I probably wouldn't be carrying a weapon.
>> You understand that law?
>> I don't give a [ __ ] what I don't I don't care what you have to say about about anything, man.
>> If you're out here doing your your audits, that's fine.
>> Yeah. Well, you have to be within the law.
>> Well, good.
>> Just like me.
>> Until I broken the law, then you have the right to search me and to find out what my ID is.
>> Well, this is their property. If they don't public sidewalk, this is a public easement. This is a public easement.
Don't be stupid. This is a public easement.
>> You don't know where property lines begin on the grass. You don't know where property lines begin or what? No, no, no, no. This is a public easement.
>> This is a public easement. Shut up, man.
You're such an uneducated sergeant, man.
What's wrong with you?
>> This is the way you treat the people just to try to get an ID.
>> Get the hell out of here, man.
>> Explain to me.
>> You're a disgrace.
>> Clear federal jurist prudence, including Supreme Court definitions of public forums. A public sidewalk or easement grants citizens the absolute right to remain present and record data because the auditor remains outside the actual boundary lines of the private company. A charge of criminal trespass is legally impossible. The officer's threat completely disintegrates because the first amendment directly protects the gathering of information in traditionally open public environments.
>> It's crazy. They're trying to make up all this [ __ ] just to get my ID. Oh, now you're on you're trespassing. Shut the hell up. Get out of here, man. Get out of here. Get out of here.
>> You're a disgrace, man. What else are you going to pull up? What's the next card you're going to pull?
>> Come on. Pull it out.
>> Oh, now you want to check with the RP.
Oh, yeah. Check if there's anything else you can get us for, huh? You're a disgrace, man. Instead of trying to keep the peace, you just try to make things worse, don't you?
>> You're a disgrace, Sergeant. You're a disgrace, man.
>> Do you have anything else?
>> You're a disgrace. You're a disgrace.
You're a disgrace.
>> Okay.
>> And if you force me to ID, you're violating my rights, man. I'm just letting you know right now.
>> Thank you for letting me know.
>> I'm letting you know. I'm letting you know. You're on You're on You're on notice, man.
>> Thank you for the notice.
>> You're on notice. You're on notice.
You're on notice. You're on notice.
Okay.
>> Idiot.
>> Yes, you an idiot.
>> Why do you feel the need to insult me?
>> Because you're an insult to life, man.
You're an insult to the human race, man.
You're an insult.
>> I'm an insult to >> You're an insult to that uniform, man.
You're an insult to whoever [ __ ] stripe you have on your [ __ ] badge right there, man. You're an insult.
>> You are a very polite person.
>> And you're an insult.
>> Thank you for that.
>> You're an insult to life.
Hey, when I show you on the >> I got to go visit your department again.
It's been a while, huh?
>> Please.
>> Anytime.
>> Please.
>> Anytime.
>> Remember that Irvine [ __ ] video, dude?
These guys want the attention.
>> Anytime.
>> Come on. What violation we got, man?
What'd you discover over there?
>> Tell the sergeant so he can arrest us.
>> Yeah. Yep. Okay, cool. Come get it.
>> Kick rocks, [ __ ] You're a disgrace, man.
>> There is no need. You're a disgrace.
Kick the [ __ ] on, man. Get out of here.
There is a need because you're a disgrace.
>> Look at you trying to [ __ ] come up here, bark your orders, get my ID, and when you fail, you want to go ahead and try to see what crimes you can get us for. You're a disgrace.
>> You're a disgrace, man. Take that badge off. Go get a job at McDonald's.
>> You know, the junkyard is hiring where you could use other tools other than weapons, man. You could use a wrench to take parts of, you know, parts from the car apart and sell them to people and be beneficial, not a [ __ ] coward with weapons and trying to [ __ ] violate people's rights.
>> All right, you got it. Get out of here now.
>> Supervisor.
>> I need I'm your supervisor, man.
>> Yeah, just put your supervisor on check.
You're all on notice, man. All of you.
Lawful weapons are not a pretext for police to demand identification.
Maintain distance and assert your right to remain silent. Understanding the Fourth Amendment is your shield against any unreasonable and unlawful abuse of authority by law enforcement officers.
Stay tuned to see how freedom of the press is crushed when officers treat a camera lens as a threat.
>> How you doing, folks?
>> Good.
>> How's everything going?
>> Good. Great.
>> Yeah.
>> Oh. What are you guys doing?
>> Uh, working for Blaze TV. Going to do a standup out here about the policy change for protesting out here.
>> Okay. Um, well, you really can't film out here >> on a on a public street.
>> On a public street.
>> Officer's immediate assertion that citizens cannot record on a public street flies directly in the face of established constitutional law. In the landmark 7th circuit president, ACLU v.
Alvarez. The court firmly ruled that the First Amendment protects the open audio and visual recording of law enforcement officers performing their duties in public spaces.
>> The press doesn't have the freedom of speech or freedom of press to do so.
>> The Chicago police told us we were not allowed to be filming on a public street outside the mayor's house, but we know the laws in this country are constitutional freedoms, and we went ahead and started filming anyway. It is interesting that protests are not exempted from other places or businesses that have seen looting and rioting over the last couple weeks and months.
>> As we began filming, he called in more police officers, then approached us and asked us again why we were filming outside the mayor's house.
>> So, what's your hope what's your whole purpose to be here?
>> Um, I work for Blaze TV and then I'm doing a report a special report out here out front about about the changes in the law to where people can't protest and we're not violating that order. We're not protesting. We're not I'm not broadcasting live here on network or anything. This will be edited. Nothing that shows an address or a street name would be available. So, I don't think I'm violating any privacy laws at all and I'm just trying to do the report, some standup, some commentary, etc. for the network. The police officers then blocked off the pathway and would not let us near the mayor's house. I clarified to him that we had no bad intentions and asked him what laws we were breaking. He then told us that we were posing a threat. Yes, the free press is posing a threat to the mayor.
that I'm just trying to understand what we're doing that's violating any law or problem by reporting here currently.
That's all I'm trying to understand.
>> I'm just trying to let you know we're, you know, we're security here for the house.
>> Basically blocking a journalist on a public sidewalk under the guise of an amorphous safety threat represents a direct violation of constitutional protections.
>> Anybody that's not a part of the house, we have to figure out what's going on.
That's all it is. We're not making this into anything else. I mean, you guys were recording down there, now you coming down here, I mean, the closer you get to the house, it feels like a threat.
>> How are we posing a threat? I was respectful, even offered for him to check our bags, which is being generous to make sure that we had no weapons. We clarified why we were there, but yet us trying to tell a story is somehow putting the mayor's house in danger.
What has happened to journalism in 2020?
>> But can I ask you a question then? the press with clear intentions stated out here, I wouldn't even mind if you searched our bags or anything. I would consent to anything to make sure that there's no weapons or any problems like that. That you didn't say that, you didn't ask for that. Not accusing you of that, but the fact that we've stated our our position, we're with a network, a national network, we're here reporting, how does the press being at a at a place with a politician impose any sort of threat that a police officer would feel they need to get involved in? Not that your presence even threatens us, but just wondering how are we a threat?
We're we're security.
>> Okay.
>> Anything that's out of the norm, >> but is the press not the norm out here?
I mean I mean in Chicago there's there's race riots, Black Lives Matter, a lot of stuff. This is a policy made national news. Is this not >> would this not be expected?
>> No, we don't we don't have reporters come here on a daily basis. When a >> lot of reporters suck. That's why they don't they don't actually go to the source.
>> But the thing is when reporters do come, they keep a distance away from the house. Across these three situations, we see a systemic legal error by the police, turning an identity request into a coercive command without legal merit.
Under the US Constitution, specifically through the landmark case Brown v.
Texas, officers are prohibited from detaining or forcing an individual to provide ID without reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Citing felony checks or safety concerns to demand ID while a citizen exercises their lawful rights is a clear abuse of power and a direct violation of the Fourth Amendment. Protect your rights and your community. Follow the ID refusal channel to stay tuned for the next real world legal lessons.
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