He's right here searching me. Yo, you're searching a search illegal search right now. It's not a search. It's not a search. Yes, you violating my fourth amendment. You violating my fourth amendment right now, bro. You're violating my Yo, you violating my fourth amendment. >> If you move again, I'm putting you in handcuffs. >> For what? >> I'm telling you right now, if you keep moving around, you're going to handcuff. Cuz you're not listening. >> Hold up, bro. >> All right. Hold up. >> No, no, no, no, no. Hold up. Turn around real quick. Put your hands behind your back. >> All right. Put your hands behind your back. >> This is a citizen asserting his constitutional rights during a routine traffic stop in New Jersey. Instead of having his rights respected, he is subjected to a search of his pockets without probable cause. The officer not only violated the Fourth Amendment, but also used force to arrest this man for obstruction simply because he protested an unlawful search. >> He doesn't want to give my >> What's going on? >> What's up? How you doing? >> Good. How are you? Just going right here. Hold on. Hold on. Okay. >> All right. What's going on? What's going on, sir? You good? >> Wait, wait, wait, wait a minute. Wait, >> I'm just checking for weapons. Don't be Don't be Don't Don't Don't give me the >> Sir, if you keep >> Hold on, hold on, hold on. >> No, listen. I'm going tell you right now. If you keep moving around like this, we're going to have an issue. Okay. >> What What issue going to have? >> Oh, we're going to have a problem. >> Well, what problems you going to have? >> If you don't let me pat you down for weapons, we're going to have an issue. >> You're right here searching me. Yo, you're searching. This is not a search right now. >> It's not a search. >> It's not a search. Yes. You You violating my fourth amendment. You're violating my fourth amendment right now, bro. You're violating my Yo, you're you're violating my fourth amendment, bro. >> Do you have any weapons on you? >> You [ __ ] You put your hands in my pocket, bro. >> Okay. Do you have any weapons on you or anything? >> Of course not. >> Okay. So, just relax. >> No, I'm not going to relax because you [ __ ] violated my rights right now. >> Okay. What's the issue? >> My issue is you VIOLATED MY RIGHTS. YOU WENT INTO MY POCKET. >> You made a search. You made an illegal search. >> Okay. Okay. >> You know, you know that, right? >> Whatever you say, sir. I know you. >> What you mean? What you mean? Whatever I say. >> No, no, you're a lawyer. Go ahead. >> I'm a lawyer. >> Oh my god. Don't ask no questions and don't give him no ID over there. Sir gave him no ID. Sir, >> stop. >> No, I'm not going to stop. >> I'm telling you to stop. Okay. Step over here for me. >> No, I'm not stepping over there, >> sir. I'm telling you right now. Step over here. >> No, I'm not stepping there, bro. Sir, >> no. I don't have to listen to you, >> sir. >> I don't have to listen to you. >> I don't have to listen to Listen to me. >> No. No. >> I'm standing right here. >> I am giving you a lawful order to step over here. >> That's not a lawful order. A lawful order is a Listen, >> sir. Listen, listen to me. A lawful order, A lawful order is a Listen to me. Listen, you're not listening to me. >> No, listen to me. Listen, a lawful Listen, I know that. I said a lawful order is a law that you're trying to abide. >> What penal code you telling me to go? That's not a penal code. >> A motor vehicle stop right now. Okay. >> All right. Then listen. What's going on? I'm just asking you to step right. >> I'm not going to step. I'm going to stand right here. >> Why are you being so difficult? >> I'm not being difficult, bro. >> What is I don't know what's going on. >> I don't have to listen to you. >> What is First of all, you're on a motor vehicle stop. >> Okay. >> You do have to listen. No, I don't. >> Yeah. Yes, you do. >> No, I don't. >> Okay. All right. You know what? You know everything, sir. Okay, that's fine. >> All right. Go stand behind the car. >> Right here. >> I'm going stay right here, bro. >> All right. >> Go in front of your car. >> He told you to stand right here. Maybe because you're acting all weird with us. >> No. No. Okay. You going to lock me up then, bro? >> Sir, >> for that acting up, you're going to lock me. What's the real code for for locking me up? What you going to lock me up for? >> What do you mean? >> What? What's going on? >> You gave me your ID, so now I'm not going to lock you up. >> All right. >> But I think you have something on you or or cuz soon as I stopped you, you started moving around. I don't have anything on me today. >> Why are you being so difficult? >> Stay right there. >> Uh, nothing on me, bro. Okay. >> What What is the issue with you today? >> I don't have an issue today, bro. >> So, are you having a bad day or something? >> No. The thing is you're right here. You violated my rights already by putting your hands in my pocket. That's what you did. >> Okay, sir. >> And that's I'm pissed off about that because you shouldn't be going inside my pockets like that. >> Well, you should be listening. >> No. What the What? >> Okay. >> All right. All right, bro. >> Sir, he asked you again to go over here. Why? If you move again, I'm putting you in handcuffs. >> For what? I'm telling you right now, if you keep moving around, you're going to handcuff cuz you're not listening. >> Hold up, bro. >> All right, hold on. Hold on. >> No, no, no, no, no. Hold up. Turn around real quick. Put your hands behind your back. >> All right, put your hands on your hands. >> [ __ ] bro. >> Come on. >> I'm not. >> Get on your stomach. All right. Hold on, bro. >> Yo, listen. This is what happened. >> Now you're under >> for what? >> Obstruction. >> I'm not >> obstruction. >> No, just just shut your mouth. >> All right. Obstruction. Gotcha. >> Let me get my phone, bro. My phone. My phone, bro. >> I'm structuring. You cannot do this, bro. >> Sir, spread your legs. >> You know you're violating me, bro. >> Okay. >> You're violating me, bro. >> Why you searching my pocket for obstruction? The [ __ ] out of here, bro. I didn't do nothing to obstruct. Y'all violating me right now. Yo, this is a lawsuit. A lawsuit. I'll see you in court then. That's what I'm going to do. I don't got anything. >> Y'all did this for no reason. >> No. Let me get my phone. >> You're under arrest. You don't get your phone. Hold on, hold on, hold on, hold on. Come on. Grab a seat. We'll figure that one out. Heat. Heat. I just He wants to be a [ __ ] dick, man. Whatever. What? >> Nothing. He just doesn't want to listen. So I said if you move again, that's it. And that was when I brought him to the ground cuz he doesn't want to listen. He's a [ __ ] lawyer. He knows everything. Obstruction. Does she have a license? >> Sir, the badge numbers will be on the complaint. When you get to the jail, you can get them. >> No, no, we're good. We're good. Thanks. >> All right. Well, whatever. >> Right. You want to get a complaint or something? >> Yeah. No, I got my glasses. >> Just making sure I didn't lose anything. I always lose something. >> Please take the L person cuz you can run both paper. >> Ma'am, you said you don't have a driver's license. >> No. >> Do you have uh anyone that you know that could drive this car? >> Yes, ma'am. All right. Is this your boyfriend? >> Oh, is he having a bad day or something? Like what? >> I have no idea what he has. >> Okay. >> Dude, that guy stopped him and he's like he's like moving like up and down like he's like stuck in something to the car. He starts getting difficult and then as soon as he started going like patting down, he got all weird and he was like trying to turn around. >> I know. I'm like I gave him so many opportunities. I'm like she said uh the only thing that she could do is call the mom, bro. you want to uh >> figure you've already let me just stand by and >> anyone in the area you guys know >> hey Um, any particular reason why I just want to make interesting or anything like that. >> Listen, ma'am, you're not in trouble or anything. Okay. You didn't do anything wrong. As far as you know, is there anything illegal in this car? Is he just being >> No, you wanted >> Well, it's not your vehicle, right? >> It's not my vehicle? >> Yeah. So, >> it's his mom's vehicle. >> It's his mom's. Okay. Okay. >> Yo, what if if if his mom comes to the scene and it's her car and she gives consent to search it. cuz she's she keeps saying you guys should search the car, but I'm like it's not your car, so you can't really get consent. Um >> Well, I know at this point, let's just see if >> I I don't understand what the issue is. So, >> well, he didn't want to ID the first time. He's like like I'm not giving you [ __ ] It's not stop. And he's like, "No, no, no. It's legal. It's like arrest me. I'm not giving you shit." I'm like, I don't think you would have had time. >> So, a little bit. >> If you just need anything, just wave your hand. >> I think she said, "Yeah, >> the RO lives close by." >> So, I told her, "I just let her know you got a K9 coming out for Airbus at the park." >> Yeah. See if >> that's all the car. >> See if she could get a car a ride home. Maybe >> you have his phone or No, he has it. >> No, no. I thought he was talking on the phone and I was >> for a second cuz I hear him talking. >> He's checking Wikipedia to make sure this is lawful. >> Does he have his watch on? You have to watch that mistake. for battery. He kept turning back. >> I gave him so many opportunities and now I'm finally like, "Dude, I'm so tired of you turning around." Yep. I didn't want him to run into traffic either. Sounds like spring over here. He's breathing from his hand though to the hospital. >> Yeah. I mean, regardless, it's gonna >> he's he resisted, so he's going >> and it's gonna it's he's going to put it on a summons, so >> No, he's Well, he's resisting, so they might do like third degree. >> Yeah. Yeah. I mean, saying if they don't though, we we could summon it and hand it to him at the hospital and be got done. Yeah, >> I was in the middle of a a stop and I'm like, I thought I heard you say something and I'm like, I don't know what he just said. There we It's like a trifecta. Everyone was in the middle of doing something. >> Yeah. I didn't I didn't hear him on the radio. Did you say 960 go to home? >> I That's what I thought he said. >> That's what I thought he said too. That's why I was like >> that's why I was like, "Oh, do you need me at Cuz I didn't know what he said. >> I'm not finding anything." >> He like mumbled it. >> Yeah. That's why I was like, "All right, I'll just go to many merch on the way to the >> Yeah. Yeah. should be there shortly there. Looks like they were coming from area headquarters. >> That's right. It'll be my fourth one this this week. >> Early morning ID or license? So just keep going around the vehicle. Okay. So right now up front and he doesn't charge it. That's what I'm asking. Okay. >> Just let me know. If he says no, you say no. It's not going to play. It's yours. It's yours. >> Okay. >> All right. >> Did she write down her name? >> She gave me a card, but I want to see what ma'am, would you do me a favor and mind writing your name, your first and last name, and your date of birth? Uh, >> I just become a US citizen and I add my mom last name. Her last name is Rivius. >> Okay. >> He has my car. I don't know how to spell. >> Oh, okay. Oh, you just became a citizen. >> Yeah. >> How long ago? >> I think I say like about two, three months ago. >> Oh, so recent. Recent? >> Yeah. >> Okay. She's only been a citizen for two months, she said. So that is her >> been a citizen for two months. >> Yeah, she just got her citizenship. She said she just came here. >> She said she's not sure how to spell Rodriguez, but she said it's on the card. But that is her name. >> Like she doesn't know how to do the English words for I I don't know. I'm just letting you. Did she say that to you? >> No. >> Oh, cuz I asked her to say >> Oh, I just asked her. She said, "I just got my citizenship 2 months ago." So maybe she just changed her name. What does it say on there? >> Oh, okay. I mean, that's what she gave me. 61977. Oh, so she has a What is that card? They go. >> Damn. How long have you been in the country? >> In the country? >> Yeah. >> I've been in the country like I'm 47 years. >> Oh, so you've been here for >> Oh, >> oh. Oh, I thought you meant like you just came here 2 months ago. >> Oh, no. >> No, no, you just changed your name. >> I just become a US citizen. >> Oh, okay. Okay. But you had the same name the whole time. >> Yes, sir. >> Okay. Okay. She just got her citizenship. >> No, she said she said she's been here, but she just got her citizenship. >> Um, listen, real quick before we move any further, I'm going to tell you what I told her. Uh, if the doll gets on the car, we're going to be searching it. If there's anything illegal inside the car and none of you confess to it, uh, we're going to be charging both of you. So if there's anything in the car coming out if not Another one. What happened? What happened? I was listen. He didn't rest again. Wow. All right. >> Y'all threw me in the ground. Are you What's his issue with his hurt? >> Oh, mine is scraped. >> Okay. 927 Got it. 2710 county. Does she speak English? Are they taking him? They said um okay so I made motor vehicle stop on this car they did an improper uh turn um when I came up this dude he's like so first of all when I stopped him he was like moving around a lot on the seat um like like jumping up and I don't know what he's doing so I come to the driver's side as for his ID has one ID himself playing to him multiple times You don't want to listen. He's sweating at this point. He's breathing shallow. I'm like, "Dude, this is the reason we stop." yada yada yada. Finally, he gives me his ID. I wait for these guys to come down here, pull him out of the car. Um, we're talking to him. We t him down. As soon as we cut him down, he kind of like does a turn around like, "Yo, don't touch me." Um, so we're like, "Yo, you got to relax." Talk to him. We go to put him in handcuffs. Um, and he starts pulling away. He starts moving away. He's not listening. We end up fighting with him. Um, so he's similar to just saying, um, he's saying there's nothing illegal inside the car. I asked her, I said, "Well, why is he jumping around like moving up and seeing something?" She's just like, "I don't know." Said, "Okay, listen. There's anything illegal inside the car." Um, and he doesn't own you. You guys like this car? I don't know what's in it. So, I don't know. >> She's still in the car. >> She's still in the car. And if you can also check her cuz I don't know if he like gave her something. She was being he didn't want me to talk to her at all either. So, >> okay. Um, >> you want me to check her after? >> After? Yeah. >> Okay. >> You want us to shut down lean? >> No, I should be good. It's not that that bad out. Um, if we could just get her out of the car. >> Okay. >> You got a flashlight? >> Yeah. Okay, Andrea, you can step out of the car. You guys are headed home. >> Mhm. >> Where you live at? Northfield. >> Yeah. Is your door open for us? >> Your door's open. >> Usually I'd be explaining this to the driver, but because he's not here, I just want you to understand. So, the dog will go around the exterior of the car. The dog that I offici far away. All right. All right. Thank you. sign up. That's what I wanted. You have a You want to search for searches? Why don't you hang out with her? >> Yeah. Yeah, I'll hang out with her. >> Ma'am, listen. You have nothing on your persons, right? >> Huh? >> You have nothing on you? >> No, just a box of cigarette. That's it. Nothing in your pockets. Nothing like Okay. Okay. And also just going to check for the mail. >> Is that a bar or like a candy? It's like a regular bar. Do you have any heat? What's your relation to the dragon? It's always Like just regular white paper. behind. >> What? Man, when you were at the ivory tower, you guys stay in the night or >> No, we were going home right now. >> You were going home? >> Mhm. >> Did you just go to meet somebody? You guys just going to hang out or what's >> No, we were just hanging out cuz we used to stay cuz his mom's house. >> Oh, I see. I see. >> Okay. >> But I don't kiss you. I kiss him. >> Yeah. Yeah. Got you. >> Did you guys meet up with anyone else there or No, >> no, no. >> Just just uh I forgot. So, what was your brother's name? Your brother's name? >> Huh? >> Your brother's name? >> My brother name. >> Yeah. You said it was your brother's ashes and >> No, it's my mom's ashes. >> Your mom's ashes? Oh, >> yeah. It's Maria. >> Maria. You have a nickname or anything? >> No. No, that's my >> Why is it wrapped in a Chinese? >> Because I I so I don't have >> No, no, that's what we're trying to open. >> Okay. And why is there yo-yo? >> Oh, yeah. Yeah, that is Did >> she recently pass away? Okay. Sorry for your loss. >> Oh, okay. You always keep them with you. >> Oh, yeah. >> Okay. She got to put in a necklace or something so you don't >> I tried to put in a necklace, but one that I have, it didn't fit. >> Oh, okay. Okay. So, yeah. His mom can drive. >> Mhm. >> Okay. Did you call her already? >> No. I don't know if it was you or call her. >> Okay. Okay. >> Well, we'll wait and see. See if we'll get a call. See if you can pick the car up. If anything, I I could probably park it here so it's off the road. >> Okay. >> Um >> street. I think that's the name of the street. >> What is it called? >> Fort I have on my >> It's North Field though. >> Yeah, it's Northfield. >> Yeah. >> Yeah. >> Okay. 27 county me 2710 county that's going to be a stolen vehicle. He's going to be uh giving you a call with all the information to enter. H5 headquarters and I see him as a message. Since you've known him, he's never done any drugs. >> No. >> Nothing. What? His mother's clean. Not even marijuana. All right. So you're aware of the location where the again where the process of connect when you're ready. Thank you. Was her phone on the seat? >> Yeah. >> What? >> I just think we got to check the good inside. Make sure you didn't stop anything in here. So, to uh you want to let her call her mom to come pick him up? >> Yeah. Yeah, we'll park her on the side of the road. Yeah. >> Just pull it in here. Yeah. Let me ask you first. >> What? Ma'am, you you want your cell phone? >> You can take your cell phone to see if she can get the number from him to call the mom. >> Yeah, she said she has it in her phone, I think. >> Oh, you do have her his mom's phone. >> Okay. He says he knows the number if you want to get it from me. >> Okay. >> You want this? Anything else you need out of here? >> Oh, my my purse and my sweater. Can I get it? >> Yeah. Yeah. Yeah. Can you come over here? like kind of like and then like to the side. >> Yeah. panel. >> Here's your flashlight. >> And I did check her >> if she's involved with us whole time. >> Yeah. That's the reason. >> Got it. >> Yeah. She swears that he doesn't do drugs. And I'm like, >> dude, I mean, >> he's on Did he take something? Cuz he's acting ridiculous. >> He could have. I asked her, she said, "No." >> I'm like I >> He was like I mean sweat for any reason, but like as soon as I walked into the car, you sweat. >> So, but again, that's not normal behavior. >> Exactly. >> Yeah. That's all right. We'll be on Facebook tomorrow for the >> He He said we could park it in here real quick. Happy You can call back in real quick, please. I can tell my driver. >> Well, you you're in North Planefields. >> I'm in North No. No. Oh, you're not going to the parents house? >> No. No. So, mom's saying that we just parked on off the road and she she can't even herself. >> Okay. We have the keys. >> All right. She can take it up tomorrow. >> Okay. >> Can somebody take me to this mom house? >> Uh, it's in North Planefield, right? >> Yeah. >> You want me to give her a look? >> You want to give her a ride? >> Because I don't want to be here on Give you a ride. >> Okay. Thank you. >> Um, >> okay. Okay, ma'am. >> I'm just going to give you these to hold on to. Then you take them with you. >> Yeah, I'll take it, too. Thank you. >> Oh, yeah. Yeah. Okay. Case details. Incident. Arrest following an illegal search during a motor vehicle stop. Officer claim pat down for weapons due to acting weird and moving around. Victim claim fourth amendment violation. Illegal search of pockets. Charges. Obstruction of justice and resisting arrest. Legal red flags. Hands inside pockets during a frisk. Physical force used to silence legal debate.