on January 8th 2024 Canadian YouTuber Damon frier was driving his Lamborghini in Costa Mesa California when officer Torres of the Costa Mesa police department pulled him over frier known for sharing his interactions with California law enforcement on YouTube had his passenger film The Encounter hello Li yeah sure not because of your loud exhaust yeah it's loud isn't it it's a little too loud there you go okay registration Insurance yeah it's right here well lot of exhaust I understand this car is not quiet maybe there's like a municipality ordinance thing that he give me a ticket for this car is not from here so he give me a ticket for it being too l because it's from California maybe you didn't know it wasn't from California until they pulled me over we'll find out he pretty chill what's really interesting is he asked me for my li My license but then my insurance and my registration but then he walked away he taking pictures right now the exhaust well that's fine I'll ask him some questions about it considering that the car is from Canada I'm curious to know like what is the legal requirements of a tourist coming into this country because they're not informed like they don't tell you at the border if you drive across the border which we do and they don't tell you when you fly down like listen if you're driving a car down here it has to be within these deciel limits or any of that kind of stuff so I'm genuinely curious I got all my paperwork right here so I'm just waiting for him to come back it looks like he's already writing the ticket without your paperwork that's fine I am curious to know like how is it if you're from another country where there we don't have the law you know for deal limits in Alberta the law really states that if you have a car here in California and you're registering it you are to follow the laws here hey can use the be address pardon me it's not taking it's not taking the uh British Columbia what do you you use your Huntington Beach address or no I don't have a Huntington Beach address okay I have my Canadian address okay what's the issue yeah it it doesn't it doesn't not takeing it this is all computers I I'll just do a paper one no but what's the issue with the car what's the issue with the car L exhaust yeah but it's not from here officer Torres mentioned that the problem with Mr Friar's car was its loud exhaust There are rules about how loud a car's exhaust can be in California one rule says that every car that's registered in California must have a muffler that works well to keep the noise noise from the exhaust at a reasonable level however since Mr Friar's car is registered in Canada and he doesn't live or work in California it's not clear if this rule applies to his car another rule says that cars can't have modified exhaust systems that make loud high-pitched noises or make the engine sound louder than alloud without more information from officer Taurus it's not clear which rule he thinks Mr frier broke but there could be a valid reason for the citation if the exhaust noise was too loud according to these rules he goes can I use your Huntington Beach address so he knows who we are so this officer I think this officer is and it is remember the guy who yelled at me and told me not to think that's it no yeah that's it oh so we're in Costa Mesa right now then uh yeah still what I thought I recognized him so serous it is him he's just pulling us over because he knows who we are just he's just being a you know he's just being that guy I had to be very clear when we were driving we were in traffic it's busy on this street so weren't repping riing or ripping around it was very just driving normal he was really like had a hard time staying calm the last time he's doing much better now yeah he actually he's probably watched the video it's pretty interesting though that he asked me uh and that was pretty funny he's like can I use your Huntington Beach address interesting cuz that's not in your license and I was like well I don't have a Huntington Beach address and I don't when it comes to this car what color is your hair it's brown color your eyes green how tall are you 6t and your weight let me see the registration yeah sure so what's the issue with the car being a bit louder it's from Canada so it's a tourist car it's not from here so what would the ticket be [Music] for which model is this it's a merci logo so what was interesting was you said can you use my Huntington Beach address I don't understand that it's registered to the uh Corporation in Alberta so it's an Alberta car it's got Alberta plates you can you saw that right well you know now it's got Alberta registration yeah what's the issue though like an out of state an out ofate car driving here is just like a noise violation what's the ti what's the ticket for I'll show you when I get done with this oh okay thank you without ADM go get a sign here yeah so what's the ticket for once you sign I'll explain everything to you you won't explain it to me before I sign it that seems a little unfair don't you think I lot Muffler pardon me lot Muffler what so I don't understand though is how is I wanted want to know the law so how is it that the law is sign here so what's the ticket for what's it no I understand that so is it a fine or do I I'm warning you on the speed sorry you're warning me on the what sign yes I'll sign it but I need to I need you to explain to me what the recorded right now okay you're kind of delaying my no I understand but you're asking me to sign something I don't understand I I just want to know what the ticket's for so I understand you're saying loud exhaust but how is it a car from Canada is breaking the law can I hear please here I know but so the ticket what's the ticket for though do I have to fix it do I have to pay a fine well explain it then that the vehicle doesn't belong here it's not no the the vehicle belongs here are Canadian cars not allowed to come to the United States you're not going to answer any of my questions so I'm reading right here code loud muff speed visual estimation so your what's the speed visual estimation speed what pardon me well you just said that you're writing me a ticket for a loud exhaust but now you're saying there's a speed thing on here so you're trying to sneak something else on here and you're trying to get me to sign something where did we draw the line on this one I don't what you P for speeding and loud exhaust but you just said just loud exhaust I mean he's delaying my duties right now officer Torres asked another officer to check if Mr frier was causing a delay which seemed like he might arrest Mr frier for asking questions before agreeing to sign the citation however when police officers want to arrest someone there are rules they have to follow in this case just asking questions and taking a bit longer to sign the citation isn't usually a good enough reason for an arrest Mr frier eventually signed the citation which shows that he was willing to cooperate with the officer's request even though he had some questions first So based on these circumstances it's unlikely that Mr frier would be arrested or convicted for causing a delay you have until the 25th of uh march to take care of this if you don't agree with the citation you can go to court I will respond the judge make a decision okay yeah I think what we'll do is we'll go talk to your superiors have a good day yeah later what Detachment is he from it's Costa Mesa police department find me that address please so yeah you did get S speing ticket all right so I'm bringing my ticket to the office that that officer is from so I'm going to go and talk to someone and I might even go as far as filing a complaint I'm you know I've also had a run in with him before he was very unprofessional he's obviously not yelling or anything today but he's also still being more unprofessional and this is years later so he has a habit of this can help hey how's it going good I've had a a traffic situation with officer Torres okay Officer Torres and I have uh had history okay he pulled me over today explained that he pulled me over for uh loud Muffler okay first of all my car myself we're tourists I'm from Canada car is not from here okay so I guess the first part is I'd like a little more clarification on um you know if a car from Canada that doesn't have the same emission standards or noise standards uh the province of Alberta that the car is registered to doesn't have a deciel issue or anything got it um and it's essentially exempt from you know having to follow those rules when traveling here based on the treaty between Canada and the United States just like we can drive down here on our Canadian license Mr frier asserts that as a Canadian tourist his vehicle is exempt from specific emission and noise standards in California due to a bilateral treaty between the United States and Canada this treaty governed by international law mandates that vehicles must be in proper working order and have a muffler to mitigate excessive noise these requirements stem from the Geneva Convention on road traffic which sets technical conditions for vehicles in international traffic while International treaties generally take precedence over state laws in the US it's important to note that treaties don't completely override state regulations therefore while Mr frier May argue for exemption under the treaty a citation for not having a muffler in continuous operation as required by International and state regulations would likely still be valid giving me a ticket for loud loud exhaust is that a city ordinance that's a Cal California or ordinance Cali can I see what heed before yeah so here's here's the reason why I I have a real problem with it he came back and said my British Columbia address won't populate in his computer system okay could he use my Huntington Beach address I said I don't have a Huntington Beach address so there's a company that I have down here that's in Huntington Beach okay so he knows my car he essentially knew the car knew who I was before even pulled me over cuz there's no information on my driver's license or on my car that would suggest that I have a huntingon beach address down here so right away he's he's basically telling me indirectly I know who you are I know your cars down here at this location at some point and then on top of all that he wrote on the ticket when he was trying to get me to sign it uh that I was speeding and his visual estimation of me speeding is complete BS cuz we were driving through an intersection just before he pulled P me over and I was in heavy flow of traffic I'm not denying my car is probably loud based on some people's standards sure right um my car is foreign it's not from here okay um if you want to file a compl provide you a form you're able to fill in the information yeah I filled them up before now I got this form to fill out this is what you got Civilian Complaint process I'll take the loud ticket I'm not taking the BS ticket that he tried to write me for speeding Mr frier did not provide any further updates after filing his complaint it remains unclear whether Mr frier will pursue any legal action against officer Torres or the department or whether he will go to court on December 14th 2023 officer Reeves and Sergeant Brian Gilmore of the upper Chichester Township Police Department responded to a call regarding a suspicious vehicle parked on a public Street in Upper Chichester Pennsylvania the ensuing interaction was recorded by who we will refer to as Mr L [ __ ] [Music] this Hey sir how you doing I'm good how are you I'm good I'm off Township Police Department reason we're here is we got to call for a suspicious vehicle okay someone passer by or whomever called said it was a white vehicle sitting along the power lines sitting on the power lines or sitting on a public Street what's that I'm sitting on a public Street Ming my business that's all I'm doing yeah okay well we got a call for suspicious vehicle we're just checking on set vehicle are you the owner of the cor sir I'm sorry I'm not going to ask any questions I invoke my Fifth Amendment right to remain silent can I get a badge number 51 like supervisor's badge number too yes please it's uh 37 and his name Sergeant Brian Gilmore Brian Gilmore okay would you like to speak to him as well no thank you okay I just want to I'm a businessman people drive by here see me parked here doing nothing wrong right not talk to us yes I'm not doing anything illegal right Mr L invoked his Fifth Amendment right not to answer questions during a police interaction while this right protects individuals from self-incrimination it's application during Terry stops or traffic stops is not fully settled in legal terms courts have ruled that individuals detained during investigations are not required to respond and their refusal to answer does not justify arrest unless it leads to probable cause however the legal Clarity regarding this right in the context of traffic stops remains uncertain literally just parked in a public Street what's that sge sge requesting your ID I'm not going to provide that I didn't commit any crimes I'm parked legally in a public straight doing nothing wrong nothing okay all right what's that he says new to the ID he's parked on public Street doing nothing wrong that's right okay well just because somebody calling a suspicious car mhm doesn't mean you're doing anything illegal did they specifically identify something illegal that I was doing they TR Tres at this point at this point the reason we're requesting identification sure is number one we don't identify everybody we talk to it's part of our routine it's accepted and it's it's something that's been it's been it's been approved by the Supreme Court St and the United States Supreme Court it's not been approved by any Supreme Court okay all right unless disree all you want but just because you think so unless you have Reasonable Suspicion of a crime I don't have to provide any ID sir Sergeant Gilmore believes officers can identify anyone they encounter but the driver argues that providing ID is only required with reasonable SU suspicion the supreme court allows brief detentions with Reasonable Suspicion as seen in the Terry case however Pennsylvania lacks a stop and identify law so officers can't arrest solely for refusal to ID without Reasonable Suspicion the Supreme Court also forbids demanding ID without suspicion as in brown V Texas in this case the officers lacked Reasonable Suspicion so requiring ID would likely be unconstitutional but you're you're on one of our streets in our town and in order for you to leave you're going to have to be legally able to drive who pay who's pay to these streets sir excuse me who pays for the street Upper triester Township the township right the people is a taxpayer fund the street right M and I that means I can park here I can travel through here also I can stop on the streets it's not illegal for me to do that did I commit an infraction say you're doing anything illegal at this point investigating a susp I'm not providing any idea if I didn't commit anything illegal if I didn't do anything illegal there's no law there's but then you heard me there's an investigation that you have to conduct yes so far in your investigation what have you concluded that I've done that's have somebody that's refusing to provide that's not illegal am I am I under arrest under the vehicle code under arrest huh you're not you may be and we'll have to find out are you threatening me with arrest am I threatening you no I am not threatening you I am telling you that if I have to do my job I do my job that's an entirely different thing s with conducted job I'm not providing any ID because I didn't commit any crimes you don't need to commit a crime for us they ask you to provide ID do yes you do yes you do you need RS without RS there's no probable cause I have somebody that called in that this vehicle's been sitting here time if someone calls in here a black guy sitting here is that ilal say anything about you being black well I'm saying if they do is that illegal do can you just come here and they say you were a pun Flamingo either so but I'm not providing any idea where do we go from here I didn't do anything illegal you threaten me with arrest I'm telling you that you need to provide identification you're part point you are required do your investigation go talk to the person who called and find out what I did that was illegal talk to them do your investigation do a Thor investigation you just don't come here and talk to me talk to them see what I did because they called so talk to them I didn't do anything wrong you're not going to force me to Iden do anything wrong but do an investigation to see if I did WR firstep my investigation requiring you to provide ID I'm not providing any I did nothing wrong I'm sitting on a public Street you don't have the right to just pull up on me and say hey I need because someone called it doesn't work like that came here because exactly what you did it is not sir you pulled up here because someone called and say hey I need identification doesn't work like that I'm not providing it can I have your supervisor please I am the supervisor I want your supervisor lieut supervisor is the chief we don't have a lieutenant I'm sorry you're welcome to go to the police station and talk to the chief I don't have to I'm not doing anything illegal I'm public Street until the laws of America change where we have to identify because our officer comes and say hey give me identification on reading reading up on the court I know exactly what it says okay what does it say I know what it says I have a First Amendment right to record I have a Fourth Amendment right you let me finish let me finish I have a Fourth Amendment right to to to be safe in my effect my my my documents and papers unless I commit a crime I do not have to identify I'm not unreasonably searching we're seizing anything at this point you're trying to yes you're trying to se my ID I'm asking you to provide identification it's part of my job and I'm respectfully ref I'm refusing it and in the state of Pennsylvania if you're in a operating a motor vehicle which is what you're doing I'm not operating a motor vehicle abely are I'm parked on a public Street you're in command and control of the vehicle I'm parked on a public Street if you were under the influence of alcohol or another drug I could arrest you for DUI but you're not I'm parked on a public Street okay good that's what I'm doing here parked in a public Street doing nothing illegal you're the subject of an invest get to detention okay can I can I get a can I get a case number please can I get a can I get a case number nope I need a case number I want this documented okay we got you're welcome to go to the police station and request a report we're not going to know who you are cuz you didn't provide us any IDE I don't have to can I get a kisse number nope you're not providing me the kiss number that's correct okay well then you're not getting any ID okay what's the next um you'll probably get a citation for failure to provide driver's license oh yeah let's go ahead go ahead go ahead let's do that Sergeant Gilmore says the driver must show ID because he's driving a vehicle and stopped by the police however the law isn't clear if it applies when the car is parked even if it does the Supreme Court has said that police can't stop someone just to check their ID without a good reason so it's unlikely that Mr L had to show his driver's license without a valid reason let's do that you're a tyrant that's what you are you threatening me for doing nothing wrong [ __ ] out of here kill him more y hey what do you want him I'm not talking to you this guy here you're not talking to him you're talking to me I'm speaking to him sir I'm a Lo he's a he's funded by the taxpayer what do you need sir can I get an incident number please I don't have an incident number yet you're not can you call the dispatcher and give me a dis incident number I'd like to document this police station grab the incident number so you're not providing incident number I don't have an incident number until I go back and do the report I can't just pull one out of thin air all right let me he doesn't have one either and that's super I just want to talk to him it's just fine 849 going to harass me for away from my dog for doing nothing wrong stay away from your dog I'm not I'm not stay away from the dog I'm not approaching the dog you walk right close to the car is it illegal to be close to the car I don't want you to get hurt I don't want you to be surprised the door is closed I'm not going to be surprised I'm sorry sh hey can I come under there hey do you do you mind give me incident number please y that's all I wanted my name is clap badge number is 44 thank you clap hey have a good one I just want an incident number literally that's all we don't generate an incident number until it clears all right until it clears what like the call radio system y you're about to clear it I would assume you can get it tomorrow okay so no Police Department no not right now all right yep 842 all right just walk next to the car again is that illegal car 4 there is limited information about this encounter and it's unclear if Mr L was given a citation or if he plans to take any legal action against the police or officers