imagine that you are a cop and you don't know the law so you Google it this is Joel Martinez he's 19 years old and studying law at the New Mexico State University on September 15th 2023 University police officers received an anonymous tip that Joel had beer bottles in his hands I'm sorry I can help you is there anyone else in here uh no it's just me okay you mind just opening the door that way I can see uh trying to what you trying to look for I just want to make sure there's no one else in there to start and then I'll talk to you there's no one in there right now okay come out here and talk to me then yeah so I'm going to be honest with you so we got a report that um you were seen walking into your dorm with alcohol so is there alcohol in there uh I don't answer questions what's your name and your badge number officer fle NMSU police title your name a security officer oh security officer okay okay you have an idea what with you I do okay can I see it uh you suspect me of a crime I do okay what crime and how can you articulate it minor possession of alcohol we got a report that you were walked in so it's like here that they say they said thing okay it's a yeah right it's like they said that he has and that that's how you can to articulate it so we don't have to go down this route if you want to if you want to go down this route we can well I really don't but like you're I'm studying right now I'm doing homework get knocked on my door I'm out here I want to know what's on you say that they they said that there's alcohol in this room oh they saw me going into this room and that there's alcohol in there how can you articulate it though okay so that's why I'm here talking to you yeah okay so I still need an ID you uh no and then we need to go from there you have to you have to suspect me of a crime I I do you you you realize that uh cops in New Mexico don't have qualified immunity right I do that I do okay so from from from here and on just let's just be careful in what what you about to do right now you're saying that you want my ID but right now you're not you or yourself can articulate a crime that I've have committed okay so so I already explained to you why I'm here why I need your I I know what you're here but okay is my D going to tell you if there's alcohol in that room no but I still need to identify you my name is Joel Joel what Joel I need your first last name and your date of birth no you don't I do if you don't want to provide that to call officer Donovan or one of your supervisors here yeah I can get a sergeant over then calling on because right now this is not what you want to do right now cuz this is a violation of my fourth amendment okay all right let me let me get a sergeant over here okay yeah in order for the police to investigate search or ask for identification based on an anonymous tip there must be a major threat so if there is a tip that a person is carrying a bomb the police can go far enough against that person because it poses a national threat but if there is a tip about illegal possession of a firearm for example and the police cannot determine the presence of a firearm based on the person's appearance they cannot ask for identification or search the person against their will based on the tip in Joel's case because an anonymous tip is not reliable and does not justify a sufficient threat the police have no right to ask for his identity or search him against his will right there appreciate it so made contact with atod door he got his phone out started recording right away okay I explained to him why we're were here got a report that he walked in there with alcohol um asked him if anyone else is in the room he's to said that no one else is in the room like okay can you open the door so I can see make sure no one else is in there I'm not going to do that okay don't come out here talk to me okay so he comes out oh are you suspecting you of crime right now am I being deced all that kind of stuff um explain to him what was reported to us that we he's suspected of taking alcohol into his dorm room underage um and that I needed to identify him um like well that's all you're saying um what is what is that going to do if I if you identify me well we're suspecting you of of a crime it's a misdemeanor so I at least need to identify you what we go what we do from there whatever but doesn't he gave me his first name as Joelle and doesn't want to give last name or date of birth um and asked to speak to officer Donovan or one of my supervisors so cool okay so right now we have minor possession of alcohol possibly and he asked me if anything's going to happen if I don't or if he doesn't give me his name and date of birth I called him potentially you can be arrested for concealing identity if we want to go that route okay I want you to give me that ultimatum right here right now that if I don't give you my ID that you're going to arrest me for concealing identity and I said well you want to talk to the supervisor so how about we just wait till the sergeant hi hi name and badge number please Sergeant John love La my badge number is 212 212 all right thank you uh officer said here that if I don't ID I will be subject to arrest is that true it's possible yes possible yes or no I need I need that ultimatum or else I won't give my ID okay so technically right now yes you could be arrested could I need a yes or no like I need you to tell me if you don't give me your ID right now I'm going to arrest you why why would I say that to you because I need that altimate cuz right now you're asking yes and I have the right to say no cuz you're asking you're not it's not a lawful order I need you to make it a lawful order being detained for suspicion of minor um in possession of alcohol mhm we need to see your ID okay and if not and if not you could be considered coning identity cuz New Mexico statute says that concealing of identity is a secondary charge I would have to have been arrested or suspected of a crime right now you hear just hear being arrested or suspected you're being suspected of a having position on what on walk grounds okay so do you have any alcohol in your possession I don't answer questions on walk grounds okay so you don't have any alcohol in your possession on walk grounds I don't answer questions I W yeah that's her room bro n it's her they're trying to go in bro they trying to ID me and [ __ ] but nah okay so who are you talking to I'm recording you you're recording okay at if you you can that's fine uh so here's the deal by saying could what we were trying to do is we're trying to be cooperative with you and have you be cooperative with us and help us clear this matter up okay I gave them my name what's your last name you don't need my last name and you do not need my date of birth unless you want to run me for unless you want to run my name through your system are you trying to run my name through the system you have warrants for your arrest is I don't answer questions I don't answer questions I'm asking questions I don't it's my fifth amendment is it or is or not okay so the question is is that like the officer told you you're being suspected of having possession of alcohol underage so in that case the easiest way to prevent this is for you to let us know either you have you got somebody saw you carry a case of beer you have case of beer in your possession I don't answer questions okay all right um so the other the next the next step in this process would be would you give us consent to your check your room n to make sure that you have no alcohol in your possession I do not consent to any serges nor seizures okay very good all right um this is completely up to you how you want to play this you could get a warrant or you could so or you have problem now right now we do have reasonable suspicion that possibly a crime had been committed we're trying to investigate that mhm you're certainly welcome to refuse if you wish I know but we need to ID you or and if we do not if you do not present your identification you can face it a onra citation you're saying could I need you to say you will I'm giving you the opportunity to no I need that ultimatum I will give you my idea if you say that I'm going to go get arrested if I don't give it to you so you'll give us if we say that if you say that yes sir cuz that's already grounds for me to set up litigation against you so you're threatening to Su us I ain't ain't nothing brother that's what you just said it's not a threat it gives you grounds it's not a threat it gives me grounds does it or does it not I don't answer questions okay so the easiest and simplest solution to this is for you to tell us your name date of birth Joel Joel what Joel okay by just saying Joel there's a thousand Joels I need a last name of the date of birth for what you're going to run confir my are for the report I need to have your name you I didn't even have to give you my first name for that report you could literally put the citizen or the or the guy or the suspect yes you can work like that yes it does I'm a law student here you're not going to come over here and try to violate my rights so I'm not trying to violate your rights I'm trying to be cooperative with you and you be cooperative with cooperate with me and accept that I'm not going to give my ID unless I'm going to I'm going to get arrested say it and I'll give you my ID just say if you don't give me your ID I'm going to arrest you so you want us to threaten you yes I want you to give me that ultimatum if you really want the idaten you that's not how this is why because you know you can't you know you don't have that ultimatum you know you can't because you know that opens up for litigation and to make this clear I'm detained right now right correct thank you you have to stay over oh no I can't I'm in your I'm telling you you need to stay over here just keep recording Sean don't let him intimidate you oh let me take my hand on keep recording Sean don't let him intimidate you oh let me take my hand out my pocket thank you there's two guys right here with Glocks and scared of a scared of a 19-year-old with the phone bro well I'm not scared of a 19-year-old with the phone I have come on man don't do that okay seriously that's just do you see something in my pocket well we would like for you to do that for us just to be cooperative okay coopertive like just like for you to say what you want me to do are you googling the laws right now cuz that's really what you should be doing right now all you okay with that yeah continue are you sure you're okay with that yeah I give you permission oh thank you very much it's okay I appreciate it okay so here's why we need your name and date of birth I'm going to read you the law because you are a law student okay according to New Mexico it's all being recorded yeah I know my body camer is running so I'm I'm going use my so concealing identity consists of concealing one's true name or Identity or disguising oneself with the intent to obstruct the due execution of the law am I obstructing or yes technically you are with the intent to intimidate hinder or interrupt any public officer MH or any person in illegal performance of his duties or exercise of his rights under the law of the United States so your investigation is investigating that I'm in possession of alcohol right that's exactly if I don't give you if I give you my ID going to tell you if I do or do not have alcohol in that room or is it just a way def me with something no the ID is so that we can identify who we are talking to if you wish to deny us access to that room that is totally within your rights I know but you refusing to identify yourself To Us by name and date of birth full name m date of birth that is concealing identity yeah okay okay so just tell me that if I don't give you the ID you're going to arrest me just say it show us your ID we need to see your ID or you will be arrested thank you yall got that right yeah yeah you got that [ __ ] pigs for real why do you use that term cuz why the [ __ ] are you searching my [ __ ] like we're not searching your [ __ ] that's that's Seas of my identification is it or is it not it's not a seizure it's a seizure of my identification yes or no we just need to see who you are in order to I told investigation told you my [ __ ] name legal your first name what is my Joel not the legal name or what Joel what he has my ID go look at it perfect that's all we needed thank you that's all we needed mhm go down here real quick please am I able to go in my room no not yet just hold up for just a minute please guys are they oh wait they're right here hi I got to stand right here just listening yeah you're listening mm all right anything else I can help you guys with so you just going to stand around and get paid yeah sure you just going to stand around and get paid brother yeah yeah like I think we just prove some racist I'm going get complaints on both of your asses and chief Donovan is gonna know about this [ __ ] cuz that he knows who I am chief Donovan knows you Chief Donovan knows who I am okay very good all right app it [ __ ] up for real have a nice day yeah and did you find anything with that IDE brother did you find out if there's alcohol in here or not with that IDE so you denied us consent so that's fine I didn't exactly so we're not going to we're not going to argue with you have a nice day get the [ __ ] out of here well this is actually a common area so we're allowed to be here [ __ ] out go work I paid you for something [ __ ] out of here yes I PID you for something [ __ ] out of here cuz you [ __ ] got my ID for no [ __ ] reason brother okay get the [ __ ] out of here have a nice day sir thank you have a nice day [ __ ] you yeah [ __ ] you byebye have a nice day Joel was justified in responding ing to the police request for identification in this way this is because in order for the police to demand identification they must have a reasonable suspicion that the person has committed in crime also in this case Joel's giving his ID would not constitute evidence that he was carrying beer the original video is available in the description please don't forget to write your opinions about this incident in the comments and like the video for my efforts take care and stay safe