on March 18th 2024 officer Ashley Hayes of the Teton County Sheriff's Office noticed a couple waiting longer than usual at a gas station and followed them she also claimed that the couple had changed drivers during the trip which was suspicious to her officer Hayes Then followed the couple to the post office called in a Narcotics dog and conducted a search the encounter was captured on body camera here frame picture that's terrible 3322 can you now call for a k9 hey uh here for to talk to you so you're at the gas station for a really long time and then pulled over switch drivers so why are you avoiding us um not at all actually just went down the wrong road cuz I was going to go to the thrift store the thrift store over by 33 yeah it's not even close well I'm not from here so like excuse me it wasn't a big deal like it wasn't you are though you've been around here before it was I just turned too soon gotcha yeah so the thrift store is like half a block away from where you turn down and then you guys switch drivers why' you switch drivers you have orangr no who is he my boyfriend okay Ben Ben what Ki KI okay is there anything in the car that you guys are uh hiding no you mind if I check you can do whatever you need to do okay although in this case officer Hay's request for a search was granted in many circumstances you have the right to refuse a police officer's request for a search this right is protected under the Fourth Amendment to the US Constitution which protects against unreasonable searches and seizures however there are exceptions such as when an officer has a valid search warrant probable cause or your consent in Florida V himeno the Supreme Court held that a suspect's consent to a search of a vehicle extends to closed containers inside the vehicle where the officer has reason to believe drugs are present in Georgia V Randolph the Supreme Court emphasized the importance of individual consent by ruling that a search is not permissible under the Fourth Amendment if there are two people in a home and one consents to the search while the other objects 2722 hav't step out T 22 you can call okay call sounds good you can't go back into that car though [Music] the post office and 222 you get a out hey guys so while you're here I'm going to have you put your phones right here you step out of the vehicle please I'm not giving youmiss touch my car actually that's okay so you're going to put your phone down here though and he needs to get out I'm calling my lawyer I'm not going to put my phone down I'm my lawyers you guys can put the phone down right now follow my lawyer call my lawy thank okay that's fine cuz I have that right you don't yeah I do yeah I do persons arrested or detained have the right to a lawyer or to request one from the state but in the current situation since there is no detention yet and everything is consensual we cannot discuss whether there is a right to a telephone call or not but the fact remains that the reason why the police are so strict especially with regard to the phone is because of the possibility that the suspect may call someone on the phone to give location information and attempt to harm the police so they may not allow you to talk on the phone for their own protection but there is no law that says you cannot do that to get back to the point even if the officer has a suspicion that a crime has been committed this suspicion will probably not be accepted as valid by any Court this is because overstaying at a gas station is not a crime 3322 can you the my location what what do we do why I don't know you guys I don't know you guys are calling your lawyer I'm asking you guys nicely to put the phone down what is why are you approaching if not then I'm going to have to detain you well you guys are detained what are you approaching this for because you guys were at the gas station for an abnormal amount of time then you guys saw me and then you pulled off over the citizen 33 G uh parking lot and then you switched drivers okay I've asked you guys nicely to put Theon down right speak to my lawy speak to our lawyers this moment an abnormal time we were at you guys I don't know who you guys are talking to call me my lawyer say that again we were at the gas station peram normal time say that again we were at the gas station peram normal time I have the right to film this right now yeah you do okay thank you very much that being said you guys are being because we were at the gas station for an abnormal amount of time because you guys were at the gas station for an abnormal amount of over we were scratching scratchers so you guys ask me a question do you want me to to this question you going to argue yeah but that's no you have no right to pull us over for that I'm sorry or to even come or to even come approach us for in detain us well you're telling me I'm detained why why am I being detained have I broken the law yep we are calling for9 I have broken the law that's what you're saying I believe that you guys are breaking you believe that I've broken the law okay so that's why you're calling a canine unit and I'm being detained right now yes is that right okay yeah a have reasonable suspicion that there is criminal activity Reasonable Suspicion what is that reasonable position exactly man I already told you guys that we were at the gas station for an abnormal amount of time gas station and we pulled over amount of time okay you guys saw me you guys pulled over actually you pulled out before we pulled over no yeah you did actually cuz I saw you in back me the rearview mirror okay we can argue about that we don't have to argue about it I know the facts okay ma'am I cannot have you on the phone right now I'm calling my you don't have the right to tell us have yeah we have the right to speak to lawyer right now sorry lawyer yeah sorry we have a right to speak to our lawyers right now I don't know who you are call Se while police have wide latitude during investigations Reasonable Suspicion is a legal standard that requires an objective justification here there was no traffic violation or criminal activity observed at the gas station an example of reasonable suspicion is the famous Terry V Ohio case in that case the Supreme Court allowed an officer to make a short-term detention based on certain observations that pointed to criminal activity in this case where the couple stayed at the gas station for an extended period of time there is no such clear evidence while officers can develop hunches Reasonable Suspicion requires More Than A Feeling B's office is actually right over there 3322 [Music] can okay so we will cooperate I we're not that I Che I'm going to patch down for weapons make sure I'm not going because I have the right to do that no you don't actually you have to tou you get over here please to T if you're going to be detained then I have why am I being detained sir what law have I Bren told I pulled out the gas station and then I pulled over okay I'm going to check I'm going to patch you down for weapons okay I have no weapon well I have a knife okay okay can you keep your hand up for me okay I'm going to go ahead I'm going to set that on your on your speaker I will hand it to you I don't want well then you're not going to tou so think about it please I know the law A9 doesn't matter I'm going to pull that out F and just put it on the C that's the last time you do you have any other weapons on no I do not okay would you mind pulling up the back of your shirt for me just show the back of your [Music] waistband problem so yeah okay not being not trying to be a [ __ ] or anything like that honest to God honest to God it's just because I don't want you calling anybody here to like come shoot me or anything like that not weach us do this you cannot do this checking the have to talk to me right now we guys you guys can't get back into your car right now you guys are being detained okay I'm just saying I don't want I'm for what to come here what have I done I haven't broken the law doesn't matter hav broken the law okay first of all this is harassment cuz I don't think you guys really understand your laws and our rights and right now you're violating our rights because you're you came over and approached us and now you're telling us we're being detained for nothing I already told you I already told you I have Reasonable Suspicion to detain you Reasonable Suspicion to detain me for what violation of what law have you Reasonable Suspicion avoiding me we're not avoiding you because we pulled over yes that has nothing to do with you and then switched we pulled over and then switched drivers and then came back on the road when you guys didn't think I was following you anymore and that against the law no but it is super atypical that's harassing that's profiling also that's profiling and stocking hello hey Sean I'm here with the police and she is uh trying to detain me as for whatever suspicions she might have because I was at the gas station for too long and so can you please talk to the cops cuz you already watching I'm here right now too long that makes sense I mean here here she's on the phone right now like please I'm not not she's trying to arrest me and I was seriously going to check my mail arrest right now so they're bringing Sean they're saying we're being detained and they're going to bring the drug dog to our view Serge both you sit on the curve right now I'm sorry we don't have a right to say I can detaining you sit on the you can't us this is our lawy all right sit on the curve where you're under arrest for resisting I have done nothing sit on the Cur what have I done sir sit on the curb can you tell me what law I've broken sir sit on the curb will this be over I'm not going sit on the curb what have we done wrong we are calling for a can9 I don't care about the K9 that's a bot sir I'm ordering you to sit on the curb ordering me yes can you we're not in the military I was in the military but thank you very much oh my [ __ ] God let her walk away this [ __ ] unbelievable this is [ __ ] unbelievable you guys are [ __ ] pathetic you know that you know that you guys are violating people I don't care go ahead go ahead Stu needs to do whatever you want call Bark now please call Bark please they're arresting me for what nothing no I've done nothing wrong yeah I've asked her several times I do have to take your phone I don't want you calling other people I understand that you're trying to talk to your lawyer he has the right to call his lawyer when it's reasonable right now it is not reasonable so I'm going to take your phone right now I'm not consenting to any searches and I'm not call I'm not consing I have no representation now it's illegal where's my lawyer where's my lawyer we're not asking anymore he has the right to talk to his lawyer he does yes when it's reason so when earlier when I was saying hey you guys can't be talking to people right now it's not reason for us to byw we have the right to exercise our rights and talk to our La our lawyer that being said when it causes me a public safety or in the public it's not d right but I don't know you right is that fair I don't know you I don't know him I'm saying hey you guys were being super weird super suspicious we were not being weird at all we were sitting at the gas station doing scratches did you come in and look did you actually we actually have people how come you pull over swap drivers but you I went to the wrong we going how you swap drivers just because we swap drivers don't answer why right okay she's done talking fire back for you she hased up back for you okay well just letting you know that I'm going to run a dog around the car okay any problems with my dog touching your car or anything ask for want to make sure what's your name Shandra all right thanks I already pointed it out to him earlier nothing [Music] yeah for to go she free to go yeah she's fre to go she free to go yeah she's free to imagine someone walking down the street casually glancing into store Windows this doesn't justify a police stop contrast this with someone lingering outside a specific jewelry store repeatedly peering inside and meeting with another person focused on the same store in a high crime area this Behavior could create Reasonable Suspicion for an officer to investigate as established in terv Ohio which requires specific articulable facts suggesting criminal activity simply knowing your rights isn't always enough to prevent infringement if you believe a police stop is unjustified be prepared know your rights record the interaction and seek legal counsel if necessary many incidents go unreported allowing questionable police actions to persist understanding Reasonable Suspicion and taking appropriate steps can help protect your rights on October 12th 2021 Corey Jones a resident of Pope County Arkansas was doing yard work on his property using a headlamp and a corded hallogen light attached to a tree a neighbor saw him and called the police reporting him as a suspicious person Sergeant Damon McMillan and Deputy Hayden saffold of the Pope County Sheriff's Office responded to the call after speaking with the neighbor they entered Mr Jones's property and approached him everyone good morning walking along the fence sign there and wouldn't identify himself wouldn't tell us what he was doing here and freaking the horses out yeah I pulled up I worked nights and I pulled up to feed the horses and I was all the way in there I heard a crackle and he was over guy in a white T-shirt uhhuh and he was back over there like with the TST yeah right up back over there uhhuh and he was there for probably 10 minutes and I hollered out the window after I got in and locked the car and I hollered out the window what are you doing what are you doing and he said something and then I watched he went back and forth and like was shining and went back and forth and then and then I think it went back over there and I don't know whether he went along the F fence line there I see you what are you doing get over here you don't want me to see you might want to turn the light off the police come here he's not over there he just ties a light to a tree you're kidding looks like it there's a light on the tree so I'm sure that's probably what he did what the heck is he doing and I mean it's fine it's not our property but it was just so close and it well it just scared me well it's probably scared him that I'm here but I'm sure he's going to pop out of the w line during the day and I'm going to get a call on him walking down the road I'm not going to go over there you what are you doing comeing well how's it going the neighbor called you live out here yeah what are you doing out in these Woods I know you hear yeah I hear you and what are you doing out of the wood um I'm just hanging out you know well your trespass can't be hanging out I'm not trespassing right here you're not whose property is this this is my property right here it is yes sir okay and what are you doing out here scaring this old lady at 5:00 in the morning well I just figured you know it'd be a good time to get started get started doing what on my work what work I'm working right here you are yeah uh-huh yeah and you live here right uhhuh what's your address yeah we we're just trying to figure out what's going on I understand what what's just since you guys approach me uh-huh feel a little strange right right here I don't be no harm right here I'm going to come right here she's saying somebody's trespassing do you live out here yes sir I do okay what's your what's your what's your name and badge number I can't quite see it it's Hayden saffold 1602 saffold saffold yeah 16 and you sir you live out here in these Woods or in a house what's your name and badge number what's your house where's your house at I I was curious of your I mean well I understand that I'll tell you in a minute okay I know you're recording me but you got to understand I'm I'm asking you a question do you live in these Woods or do you live in a house you guys approached me I mean you could you could tell me right now I believe you're trespassing until you prove otherwise you are committing a crime well is this America are we innocent until proving guilty you're telling me I'm guilty of trespassing here ask I'm asking you your address cuz I want to know if you live on this property cuz you could just be telling me that I have the Fifth Amendment right I don't have to answer any questions I would like to alleviate you guys's um worries so you can't prove to me that you live on this property sure I could okay well then you probably need to do that or you're going to arrest me might have to yeah the officer informed Mr Jones that he could be arrested if he didn't prove he owned the property however Mr Jones wasn't legally required to prove his ownership or help the officers with their investigation he could still be arrested if the officers had enough reason to think he was trespassing to convict Mr Jones of trespassing a prosecutor would need to prove it Beyond A Reasonable Doubt which wouldn't be possible since he owned the land however the standard for an arrest is lower than for conviction the officers only needed a reasonable belief that an offense was being committed which is known as probable cause if they arrested Mr Jones for trespassing after he refused to prove ownership a court might find they had enough reason for the arrest even though he couldn't be convicted of trespassing I mean can you not see that I'm out here doing work we can see that but she called because she's saying that you're on her property and I've been out here for 30 minutes yelling and you didn't come out until now well I've got to get my kids off to no I didn't I've been back and forth i' I've carried some stuff up here to get ready to work ask you live here you live in a house right what's your address sir honestly I don't want to answer any more questions because okay you understand you've been accused of trespassing now if you can prove to me you live here then I'll leave well whose property is this that's what I'm asking can you Pro maybe you should ask the complaintant you haven't even given me your your name or your badge number did you do all this at 5: in the morning to get me out here so no I did not get no I didn't cuz I think you might have no I don't even intend to post this unless it goes the wrong way I mean so if you get what you want you won't post it but if you arested listen sir no this is not my attention with this video to make you look bad what are you doing I am I am it's not often we get people wandering around in the woods at 5:00 a.m. scaring people what I want to know is do you own this property and what is your address it's a simple question that I am allowed to ask because right now I think your trespassing well I'm also allowed to not answer it if if I don't so you answering the question could prove you Innocent but you're not going to right I have I have the Fifth Amendment right sir you have the Fifth Amendment right not to prove yourself innocent I don't think you want to tell me your address cuz I don't think you have one and I don't think this is it the officer told Mr Jones he had to identify himself due to the trespassing accusation but Arkansas law doesn't require this during police stops the state's loitering law which does require ID in certain situations didn't apply since Mr Jones was on his own property the officers had little evidence of criminal activity the neighbor didn't know who owned the property and the officers didn't verify owner ship before approaching Mr Jones with no solid reason to suspect a crime a court might find the detention unconstitutional well sir you're mistaken second okay let's go this way what's your name are you going to arrest me for lering on my property no I'm going to run your name see what your address is I have a right to do that cuz you accused of a crime right now so what's your name so have I not dispelled your your suspicions yes or no no because I don't even know who you are is it a yes or no question are you going to tell me your name or not if you got to get you kids you got to get your K yes I do am I going to be arrested if if I do not tell you my name yeah probably really cuz I don't know where you live at and I don't know if you belong on this property sir I live right here I belong right here tell me your address tell me your name so I can run it I'll tell you my address my address is 311 pavilla okay and what's your name are you going to arrest me if I don't give you my name you're accused of a crime you have to give me your name so I can know whether you're supposed to be here or not you could just be telling me that all you're doing and I think what you did this morning was wanted the police out here no I not want the police out here I've got I've got work I'm trying to get done I've got to leave to go off to work soon I would like to go off and go do some work too but I'm still dealing with you because you're pulling this this anti-government stuff on me tell me your name it's not anti-government this is my place okay prove that to me by telling me your name what was your name I will tell you in a minute I asked first you tell me your name are you are are you required it's yes I am look at the flip side of it man what what if you called us yes and some guy just said oh yeah this is mine bye I won't tell you name CU all we got how do I know that how do I know what you're telling me is true if you can't tell me your name or won't cuz you're you're out here getting started work on early I completely understand that but right now all we have is we know she lives there she's called and well I'm sorry that I alarmed her well that's all that's only reason I'm sorry that we got off on giv me a hard time well you haven't told doing it on purpose and you know that you are I know that I have rights sir and I don't like them to be in fringed let me ask you this if you called and somebody was on your property and I came out the guy said oh yeah it's mine you have a nice day I'm not telling you anything no hold on and I drove off and you said well why didn't you do something with that guy and I said well he refused to tell me his name you'd be happy with that right I don't know this is your proper what I would suggest what I would suggest is maybe maybe you get with her one of you guys I mean if you want to hold me here detain me I understand if you want to get with her and just make sure that this isn't her property uhhuh and maybe you're on the you can't prove it's yours I can prove it's mine then tell me I don't intend to answer any questions hey you're under arrest I'm under arrest can't find back yes sir until we know am I detained or am I under arrest right now you're detained until I figure out who you are your my wife is there she's asleep I need to get them to school why AR you taking my phone because you you told me your name might have been gone 10 minutes ago but this will make for a great YouTube video on't it bet you want to [Music] go we're going this way anyway would you like would you like me for me to go I want you to walk this way so we can go to my car are you going to release me if I give you my name well I've asked you how many times you've reviewed to run your fingerprint I've also asked you your name your badge member no law it says I have to give you my name it'll be on your Resturant is it not in your policy no it's not so are you telling me that if I give you my identification right now that you'll let me go I'm telling you that if I can identify you and prove that you're not committing a crime by trespassing on this property I might let you go and we could have done this 20 minutes ago now I'm thinking you're having some mental problems and we might need a screening why are you doing doing this why are you making it so hard I think you did it on purpose so you can get a video no I that's communicating a false alarm no I didn't then what are you doing I'm working anybody would okay and when the police show up go hey my name's Bob I live here okay great I would have left all you're doing is making this hard on yourself you think you're being funny cuz you're not lots of work I could have been doing but I just can't tell your word oh this is fine by Officer I'd look like a real idiot wouldn't I was I do anything wrong yes the officer suggested that Mr Jones might have mental health issues and threatened to have him psychiatrically evaluated Arkansas law allows police to take someone into protective custody for psychiatric evaluation if they pose a clear and present danger to themselves or others this is known as involuntary commitment however the law defines a a clear and present danger as someone who has attempted or threatened serious harm to themselves or others since Mr Jones did not exhibit such Behavior he did not meet this standard therefore if the officers took him for evaluation a court might find this to be an unlawful seizure under the Fourth Amendment you were accused of it and until I can prove that you're not I simply giving me your name and I can get your address we would have left you're the one keeping me here this long because for some reason and I don't know why you just want to make this so hard why are you just anti-government and hate the police what no I'm Pro civil rights well right now all we hear is her side man you're not you're not H like we're going compl look that from the sign of a police officer if you said hey this is my property you need and I just left and it turns out you were a wanted murderer I'd look like a real idiot wouldn't I would you like it if I did that to your family your wife called me and said there's a guy walking around over here scar somebody accuses me of murder no you know what the more I talk to you the worse you get I think I'm done talking to you we're just going to go run your fingerprints I I don't uh consent to any searches well you're going in my car so you are and yes I know you're going to post that video and you're going to sue me and everything else no need to tell me okay so do you want to get this over with and tell me your name if you tell me that last time I'm going to ask you if you tell me that you will let go if I give you my identification I will give you my identification I don't know that I should let you go I really think right now you might have some mental health problems and I think we might need to go see a doctor would you like for me to stop and tell your wife where you're going no okay you stare at me then I don't care you want somebody to tell I would like to call her well that'll happen after we figure out who you are in order to do that I'm going to have to run your fingerprints and it takes a couple of hours so after you sit there for a couple hours waiting on your fingerprints to come back then sir if I give you my Iden will you will you let me go chances to tell me your name you ain't done yet well I asked you I also asked you I don't care what you ask me I'm asking the questions not you you need to wa it off the the the you all it's doing is making it worse man officers arrested Mr Jones and took him to the Pope County Detention Center where they confirmed that he owned the property and was not trespassing despite this Jones was processed and cited for obstructing governmental proceedings for refusing to identify himself according to County records a hearing on the charge was scheduled for December 14th 2021 but Mr Jones failed to appear or pay the fine this resulted in the addition of the charge of failure to appear a Class A misdemeanor