The young lady said that you've been following her since yesterday. So, you you you believe everything everyone says to you? I'm conducting an investigation. >> Okay. See this camera here? That officer stood here and said he spoke to a woman that said I was harassing her and following her for days. You've got much better things to do than with me. Every single cop in this nation is a liar. In this encounter, officers initiate a stop based on a complaint that a vehicle, same as matching with his vehicle, had been following a woman since the previous day. However, a complaint alone is not meet the Fourth Amendment standard. Officers must point to specific, articulable facts of criminal activity. Here, they acknowledge no crime is confirmed, creating a conflict with constitutional limits on detention. Now, we just got to meet one another. How are you doing? What's going on with you following me? Are you an investigator of some sort? Can I ask why you pulled me over, sir? I pulled you over because the young lady came over there and said you've been following her since she left the airport yesterday. So, I want to know who you are. Have I committed a crime? No, but I'm going to conduct an investigation. The officer explicitly states that no crime has been committed. Under the Fourth Amendment, a detention must be based on reasonable, articulable suspicion of criminal activity, not a generalized investigation. Have you been following that young lady? I mean, if you're an investigator Investigator what? But if you're suspecting somebody of harassing her or stalking her that's against the law. Me pulling you over to find out who you are is me doing my job. You mind getting that light out of my eyes? Sir it's nighttime. I don't know you from Adam's housecat. I don't know if you have weapons in here. You see both my hands right here. >> Well, I don't know if you have weapons in here, man. So, I'm going to keep my flashlight right here where it is. I don't have it in your face. That would be in your face. I have it down. I'm trying to show you that respect. I'm illuminating the vehicle for my safety. Now, would you agree that I've answered every question you've asked me? And all I asked you was one simple question. Am I free to go? No, you are not. Not until I find out who you are. I'm conducting an investigation. Do you have your driver's license, registration, and proof of insurance on you? Have you pulled me over for a traffic violation, sir? >> No, sir. I've already explained that to you. Demanding identification without a traffic violation or reasonable suspicion of a crime raises Fourth Amendment concerns. In many jurisdictions, ID can only be required when a lawful detention is already established. >> Now, you can play the back and forth rigmarole all you want to. I've explained to you why I pulled you over. Okay. And you didn't have to You didn't have to see I'm not suspected of committing a crime. >> is that you've been following this young lady and she You know that, sir? Did you see that? Did you see that, deputy? >> back out. Why did you come back by? I don't have to answer questions. >> Okay, you don't have to answer questions. Okay. You do have to identify yourself. The right to remain silent is protected under the Fifth Amendment. Refusing to answer questions alone cannot be used as justification to extend a detention. Uh sir, if you suspect me of committing a crime or about to commit a crime, I have to identify myself. You have no probable cause to pull me for a traffic violation. I asked you why you pulled me. You because the young lady said that you've been following her since yesterday. So, you you you believe everything everyone says to you? I'm conducting an investigation. >> Okay. Will you conduct right away, sir? At this point in time, I elect to not say anything. I elect to speak to my uh say anything without having my attorney present. That would be Eric Friday. >> Call. Call him. Tell him to come up here. We're at the um 8100 block of Balboa Street. Just so you're aware, you're being videotaped. I do not care. Did you get my good side? My my right side is usually my best side. Yeah, there's no good side on a cop's face. Well, you're one of those people. Yeah, it's one of those people. Yeah, you're one of those people. Like gun and badge carrying extra rights, right? >> No, they didn't grant me extra rights. >> Yeah. How about you How about you How about you do How about you do your job and honor your oath? telling me that somebody's been following her since yesterday. Yeah, I'm an investigator. >> Yeah, and you just take everything everyone comes up to you. Okay. I just sent someone to pull a gun on me. You going to go investigate that? >> would. Who pulled a gun on you? Who pulled a gun on you? Someone pulled a gun on you? I don't answer questions, deputy. You don't answer questions. You just stalk young ladies. Just stand by then. Am I free to go? No, sir. Not yet. What am I being detained for, sir? Hey, when I get around to get my car where it needs to be, I'll explain to you. Who I am being detained. No, we want to find We want a complaint that you're stalking claiming you're stalking. Was that Was that Are you an investigator or anything? Okay, let me make this clear, sir. I'm not giving you a hard time. I'm not giving any of you gentlemen a hard time. Not yet. So, I'm going to roll this window up, okay? Okay. I'd like to know Let me speak for a moment, sir. No disrespect. I would like for you to articulate what crime you suspect me of committing or what crime you suspect me of about to commit. No, we just have probable We just have uh reasonable suspicion to figure out what's going on here. No No, sir. So, you don't get to detain me to figure out if I've committed a crime, sir. The law and the statutes states in order for you to detain me, you have must have You must have reasonable, articulable suspicion that either I have committed What is your probable cause? We got a complaint that that we got that's a red car >> That's not probable cause, sir. What crime do you suspect me of committing? >> Stalking. And what You suspect me of committing stalking? >> That's why we want to know. What What were you anywhere near this near near this area? >> answer questions. Do you know who she is? I do not answer questions. If you If you're going to articulate that you suspect me of committing a crime and have reasonable suspicion of that >> with it. If you don't agree with our probable cause Your name and badge number, sir. Sir Sir What What's your name? Your name and badge number, sir. Well, you're going to remember >> Well, but all you're being recorded. I've got four cameras in this truck. You're required by policy to issue your name and badge number. I'm going to ask you what I'm speaking to this gentleman right now. I'll get your name and badge number in a minute. Your name and badge number. What's your name? I just told you. I didn't hear it cuz I'm sitting here speaking to this gentleman. I didn't hear it. I'm asking you once again to just extend some professional courtesy and treat me with the respect I deserve. >> What is your name and badge number? Well, you Let me see, sir. I gave you mine. Thank you. I appreciate that, deputy. Was that so hard? No. Your name and badge number, sir. When I give you my name and badge number, can I have your name? Name and badge number, sir. Look, I I'd like to have your name, sir. See, the thing is, sir, the law states The law states I don't have to give my name and information unless you suspect me of committing a crime. >> Then am I free to go? Cuz this is an illegal detainment. This is an illegal detainment. My attorney, Mr. Eric Friday, would love to bring up a civil lawsuit against you and the city for this illegal detainment. Sir we're not trying to upset you. I'm not upset. >> a radio call. Let me Let me Let me give you what >> What's your name, sir? >> We gave you We got a radio call that a a a vehicle matching this description of your vehicle was uh harassing someone. Yeah, in a short sense, okay? Don't know what's transpired. We don't know anything about it. Your car meets what we were told, and that's why we're questioning you. Matching a general vehicle description without more specific evidence tying the individual to a crime may not meet the standard required for a lawful detention under the Fourth Amendment. Okay. Just And that's very simple. All we need to do is just ask you your name and the car and where have you been. May I ask how my name is going to establish whether I've harassed someone or not? >> asked for our name. Wouldn't be nice to have your name as well. >> It would be, but see I I I don't You don't have to give it >> I appreciate you saying that, sir. All right. You don't have to give it now. But we just like to know so we can Gentlemen? Yeah. Would that be okay? >> My name is Mike, sir. You can address me as Mike. >> Okay, that's fine, Mike. That's a good great beginning. And and And the reason why is because like I said, your car matches the description we were given. >> I respect that. >> you're guilty. I respect that. You're talking to an ex-law enforcement officer, buddy. All right. We're We're We're not We're not saying you're guilty of anything. We didn't say that. Then you are illegally detaining me. I asked the last deputy that left what was his reasoning for stopping me. He didn't stop me for a traffic Let me first of all, let me calm down. I shouldn't be yelling at you. Thank you. I shouldn't be yelling at >> And I'm not And I'm not I'm not yelling at you. This deputy did stop me, sir. Did not articulate he was stopping me for a traffic violation. Then I asked him what his probable cause was or what crime he suspects me of committing or what reasonable crime or reasonable suspicion The case The case is, as I stated is that we had a description of the of the vehicle. Your vehicle matched that, and we're just here to determine no, you're not the one, or yes, you are the one. But see, the law protects me. I don't have to answer questions. Yes, sir. But we're asking for your cooperation. And can we get that cooperation? >> The fact that I extend my rights doesn't mean I'm not cooperating, sir. Would you agree with that, sir? >> But I don't understand that if you said you were an ex-law enforcement officer, and you understand that when somebody calls us and says, "Hey, this vehicle was following me." Okay? And we stop you, and we ask you questions regarding you either you did or you didn't. Correct. What do you think a citizen, if they weren't doing anything wrong, would say, "No, I'm not doing that or whatever"? As a law enforcement officer, I realize how LEOs twist people's words. Let me finish speaking, okay? >> I'm Yes, please do. They twist people's words. Any attorney, and all you three gentlemen will know you don't ever speak to the cops. You don't ever talk to cops. Never. You never talk to cops unless you're legally obligated to. Nothing good can come from that. I'm very well in my rights Very well aware of my rights. Now, I understand you're doing your job with that. You are doing your job. And the mere fact that I'm exercising my legal rights does not make me uncooperative. Okay? Now, the fact that someone called you and said they're harassing doesn't give you the general order just to stop people. >> wasn't that wasn't the reason why. Because a person in a vehicle that matched your description was doing that. We didn't say you were doing it. Okay. And and that's what we're coming down to. But how do you define harassing? Someone just calls and says they were harassing. Did you ask them what they did? Did you ask ask the person He said a a base a red straw said the truck was following her since she was in town. Is that a crime? We haven't determined that. We just want to make sure >> see where I'm going with this, sir? I mean, I understand you guys are doing your job, but you Do you see how this goes? I'm aware of my rights. You do not have Or excuse me, you have the right to ask me whatever question you want. >> You really enjoying this. I'm not enjoying anything. But you you know what I am enjoying? How you officers fail to realize that those badges and those guns don't give you the right to violate other people's rights. I have I'm sure you are. I have articulated to you that you were illegally detaining me. And because you choose to abuse your authority and not recognize that what I'm saying is a fact, you were illegally violating my rights. >> is is to find out if you are the one or not the one that was violating this other woman's rights. But I've made it clear, sir, I'm not going to answer questions. I've made it clear I'm not You don't get to. Yes, sir. The fact that I'm exercising my rights does not mean I'm not cooperating, sir. Yes, it does. It does not. It absolutely does not. You know, if I was doing something against the law or resisting you in some manner But you don't get to question me so I can give you information so you can make a case or not a case. I'm not saying I am this person. I'm not saying I am not this person. But what you fail to realize is I do not have to speak to you, sir. And that does not give you the right to detain me until you get some information to charge me with the crime. You don't get to search and search until I say something or you twist something I say to use it against me. You gentlemen have a dangerous job. There is 19 unsolved murders in this city. Okay? You've got much better things to do than with me. Okay? Okay. I'm not a threat to anyone. We're not here What? Sir, there's five cops here. The gentleman that pulled me, and if he had any reasonable articulable suspicion, is no longer here. I'm assuming I don't know where he is or where he's going. You three gentlemen have no first-hand information. No first-hand No first-hand information. This officer that pulled me over said he spoke with some individual that says apparently I was doing something with He classified it as harassment. You didn't say that. I said that officer that was Now, were you here? See See this guy over here? That officer stood here and said he spoke to a woman that said I was harassing her and following her for days. I didn't say you three, the gentleman that was here a few moments ago that has now left the scene. So, once again, gentlemen, hold on. Let me calm down. Once again, gentlemen, if you have a reasonable articulable suspicion of me committing a crime or about to commit a crime, you have a right to detain me, ask me for my ID, which I will oblige you with as I'm required by law. Short of that standard, you are illegally detaining me. I've asked to be free to go, and you are telling me until I give you some information, I'm not free to go. That is a violation of my rights, sir. Do you understand that? At this point, the detention hinges entirely on obtaining information rather than existing evidence. The Fourth Amendment does not permit detaining someone solely to develop probable cause. This woman won't give us her ID. You know what, guys? I would love to give it to you because I used to be one of you. But because I'm aware of my rights and because of my life experiences with law enforcement, I choose to exercise my rights. Not to be difficult, sir. We don't >> have much more better things See, this is it, cuz people don't know their rights. And because LEOs I don't know you three gentlemen personally. I quit the department cuz I ratted out the crooked cops that worked with me. Okay? I'm sick of it. The corruption is everywhere. Every single cop in this nation is a liar. All right? I used to be one of them. And you're calling three of us liars. Yes, sir. If you're going to stand here and tell me you've never falsified tweets, twisted a report just to your benefit, or provided false information, or saw one of your fellow brothers in blue violate someone's rights, or do something wrong by the mere fact of you withholding information and not going to your supervisor makes you a liar. In your life, you've never ever lied. You've never ever lied in your entire life. Well, that's something Are you talking about as a police officer or as a human being? As a police officer, you've never lied in your life. Sir, you're allowed to lie in investigations. The Supreme Court has ruled you're allowed to lie. So, your credibility just went out the window window for me. I'm a certified interrogator, buddy. Don't sit here and play this game with me. You just lost your credibility. Now, any respectable person would say, "Of course I've lied. I've lied in the line of duty. I've lied in my personal life." Uh yeah. I got more integrity in my finger, buddy, than you've got in your whole body. Okay, sir. Back to my original question when I first got here. >> Yes, sir. Are you following somebody? I don't answer questions, sir. Okay. Am I free to go? Yes, you're free to go. Thank you. This encounter highlights a core Fourth Amendment principle. Officers need reasonable articulable suspicion of a specific crime to detain someone. Here, they admitted no crime was confirmed, but continued the stop to seek ID. The Fifth Amendment protects the right to remain silent, which cannot justify prolonged detention. Without a legal basis, the only lawful outcome was release.