I'm telling you guys this is wild this guy who victimized a member of the public still doesn't understand this stay tuned because we gotta talk about it don't we Raymond oh gosh can I go home and play with blocks and fire trucks or something all right we gotta talk about this update from the San Angelo Texas police department and the incident that happened with Jack Miller at this Walmart now this guy right here is Officer Francis he was the commanding officer the guy wearing the body cam is Weber and then there's Mayberry over here to the right behind me but what I wanted to talk about was there's this issue of penal codes specifically Penal Code 38 and we know that the penal codes are just used to prescribe punishment to offenders offenders meaning people who have actually committed a crime now I'm gonna read this penal code it's from chapter 38 we're going to go over 3802 and then we're going to talk about this internal investigation on this Francis guy this Francis Blinky officer is the guy who's the commanding officer on the scene that initiated the violence against Jack Miller Jack Miller in turn filed a lawsuit against the police department and the city that's the taxpayers the American Tax cattle in that area had to pay a hefty sum as far as I'm concerned of a hundred and twenty five thousand dollars but we know that doesn't come out of francis's pocket it doesn't come out of Officer Weber's pocket it doesn't come out of Officer Mayberry's pocket it comes out of your pocket if you live in that area and then insurance premiums go up and then your taxes go up your property taxes or whatever it is that's used to cover that but it's not going to come out of their pocket they're not going to get charged with the crime that they committed like they should if you did to Jack Miller what these cops did to Jack Miller for no freaking reason you would be behind bars right now so this 3802 is a code of conduct obstructing government operations is what it says it says under restraint by any agent or an agent or employee of a facility that is operated by or under contract with the United States that combines confines persons arrested for charged with or convicted of criminal offenses and that is the key it's about criminal offenses and then we get to 3802 and the reason we're talking about this is because Raymond Francis here has not learned 3802 even though the interview you're about to see with the internal investigations a video that we're about to see this occurred 51 days after the incident with Jack Miller so if there was anything on top of Raymond francis's officer Raymond francis's priority list it's I need to understand 3802. 3802 is what was being quoted to all three officers by Jack Miller as he was being thrown against the cooler in the Walmart checkout line in front of his screaming child by the way who does that oh I think it's Psychopaths do that section 3802 says and there's there's stuff here that I have a problem with guys because nothing in 3802 is in concert with the Fourth Amendment a person has the right to be secure in his person houses papers effects but cops use we got a call to strip you of those rights that's what they say we got a call that you're you know publicly intoxicated driving into a parking lot driving Under the Influence while there's a toddler in the car we got a call you don't lose your rights because they got a call says section 3802 failure to identify a person commits an offense if he intentionally refuses to give his name residents address or date of birth to a peace officer who has and here's key lawfully arrested the person and requested the information lawfully arrested based on what it needs to be based on not reasonable articulable suspicion from Terry V Ohio but probable cause the probable cause standard of the Fourth Amendment and that's lawfully arrested supposed to be in concert with the Fourth Amendment and then one one more thing I want to show you before we roll This video right here is that what is the difference between arrest and detainment because I don't see any difference practically speaking if you're arrested can you walk away from officers no you can't not without some serious repercussions if you're detained by officers can you walk away from that interaction no you can't so either way you've lost your freedom whether it's temporary or an extended temporary or whatever you're talking about if you're arrested or if you're detained practically speaking you have lost your right during that time frame during that bracketed time frame so they say the primary difference between detainment and arrest is one of degree you might be detained when the police suspect you committed a crime so the detention is based on suspicion or Reasonable articulable Suspicion that's detainment but to place a suspect under arrest the police must have probable cause to believe you committed an illegal act or committed a crime so if you've and and really it shouldn't be an illegal act it should be did you harm somebody did you threaten somebody did you damage somebody's property and not pay for it those should be the standards not did you commit an illegal act did you do something the politicians told you not to do that shouldn't be the standard the standard should be did you harm somebody did you actually leave a real Victim Because if there is no victim there is no crime so the question is did Officer Francis learn his lesson about at least 3802 now now remind let me just remind you I'm going to pull it back up here 3802 is very simple 3802 is one freaking sentence I didn't count the words but there's not many there's not more than 50 words in 3802 the person has to be lawfully arrested before you can demand and expect him to give away his identity has to be lawfully arrested let's see if officer Francis understands that simple concept that you may or may not agree with but 3802 is there and those are supposed to be the marching orders for the San Angelo police department and officer Francis let's listen to what he says as he first recounts what happened in Walmart and then tells us what his understanding of 3802 actually is because he doesn't get it right still 51 days later we'll talk about them just asking him you know it's just just want to get some general information you know Mayberry's telling me I'll ask him I think someone asked him if he had been drinking or anything or talk kid or something in the house I know do I look like it I don't remember what Mayberry's answer was to him at that point I was just trying to watch him keep an eye on a kid I'll make sure you know kids aren't going to do anything and obviously don't want to fall out of the basket I'm going to keep an eye on a three-year-old the the three-year-old's not gonna do I was keeping an eye on him and then he changed it to like what's he gonna do is he going to pick up a what a stick of gum and stab you with it in the checkout line at Walmart and then he changes it too just making sure that he's not going to fall out of the basket or something yeah that's what you were doing that's what you were doing Raymond um talking to him asking for his name and stuff exactly why you want my name as well it's like I know who I'm talking with neighbor explains to him again why we're talking with him when I tell him again At first she tells his name is I thought he said Zach but he told me later he told me Jax I don't I got confused at some point why the name Any Which Way talking with them just trying to tell them hey just give me information we'll be out of here just try and explain to him you know we'll be done here in a minute and so let's not what's going on you know Linda what's going on information please search for sign the statute and all that let me ask you something sir um at this point was he being detained or was it a consensual contact I never told him he was a team officer Mayberry never told me this detained so probably could be looked at his essential contact at that point so so you're treating this as a consensual contact at this point yes sir okay but it was there anything to please you to believe that he was intoxicated I had a mask on so I couldn't smell anything but looking at his eyes and listening to him I wasn't getting kind of telltale signs that we look forward to on slurred speech um bloodshot eyes anything like that I wasn't seeing anything like that so he admits that he didn't see what they got the call for we got a call that you were intoxicated okay now you're on the scene now this guy's standing before you now you even admit he even admitted in the body cam video that night I I couldn't smell anything on his breath he didn't give any signs that he was intoxicated or anything okay so let the guy go and even though he said he didn't see the signs they still threw him up against the cooler in Walmart they still put him in cuffs they still executed and initiated violence on him in front of his kid and they did it with the body cams rolling we're hearing it but but in your mind y'all are consensually contacting or detain them I'm looking back at now a part looking as a consensual is probably more we're probably handling Moore's entertainment at that time it should have been just Hannah's consensual and we should have been done with it probably how about definitely there's no Pro see he's so evasive in his language he really wants to get his butt off out of a sling here um also Weber asks us you know where we're at to wherever hey we got in we're over here by ourselves checkout Russia Weber comes in the three of us are talking with them at this point um I can't remember exact details how everything goes from this point I know what we're asked me you know we're just gonna we're gonna is he under arrest or field ID because we remember telling us okay you know you could be arrested for failed ID that's we're going with thinking now we're trans excuse me transit attainment but looking back at it now we should have done this essential it's been done but at that point in time were y'all detaining him yes yeah just be entertainment so he so he was being detained yes sir and refusing to identify himself yes sir okay at that time what was your uh understanding of the law pertaining to being detained and we're using 90 or so and just to clarify what is your understanding of section 3802 in the Texas Penal Code I was looking at looking at the charger field I do based on him not giving us the information who he wants because what like I said what was your understanding you felt like somebody being detained had to give you their name yes sir okay and your sense of re-educated myself or talked to Sergeant guy though the next day me and him sat there for I don't know 15 20 30 minutes I can't get into that concrete but he sat there and me and him looked at it and he we talked about it explained it to me um I've looked at it since then also just to keep myself refreshed and stuff like that so a person being detained what's the law say what's the penal code state about giving their name um it's a lawful attainment then yes they have to give they have to identify themselves to us if it's a lawful detainment now again I don't see a practical difference between arrest and detainment but they seem to think that they understand so he said if it's a lawful detainment yeah they got to give us their name even though the penal code doesn't say anything about detainment it says everything about lawfully arrested this guy 51 Days Later says he's you know a self-proclaimed educated I'm I'm a reconstructed individual I've learned my lesson I talked to you know 2015 20 30 minutes they talked to me I looked over it I got it I'm I'm educated no you're not if if it's a lawful intention yes sir okay well what's your understanding just some players what is your understanding if you have some entertained and they don't want to give you the name um since I don't want to give the same at that point that's when I would go and affect the rest but what the frick and you spent time reviewing that law system I haven't looked at it recently I looked up for so you spent time reviewing 3802 did you well you walked away with a serious misunderstanding buddy um well that's that would be that'd be not connected I don't know if you heard it's very difficult to hear that would be not correct unless they're arrested okay that's that's the kind of hard if they're detained and they give a false name then then you can arrest them for fail to identify if they're lawfully detained and they provide false information but if they just don't tell you the name then they have to be arrested for another offense I don't know then I need to reread again and record myself so he clearly doesn't care this isn't important to him he's going to continue throwing people in cuffs because they refused to identify see I give me your ideas like crack to a cop they gotta have it they gotta have it and he's one of them and he doesn't care what the penal code says he definitely doesn't care what the Fourth Amendment says he doesn't care if it's an arrest he doesn't care if it's a detainment as though those were different things he doesn't care he had 51 days to brush up on a one sentence paragraph 3802 and get it down into his cranial structure and he didn't care enough to do that and his crime was caught on body camera how many crimes has this guy committed and however how long has he been on the fourth eight 10 12 years I don't know how much does he make does he make 70 80 90 000 100 000 a year I don't know but I do know that he and his actions cost the city cost taxpayers 125 000 and he still doesn't care 51 days later well if you went back to the same call when you left here went back to Walmart same exact call and the guy won't get he's being detained and put it on with it huh I'd have been done with it just let him go he's on it I mean I just want to make sure that you understand the law so you know we don't have to do this again yes sir no I understand if I was IA I'd be like d now do you understand that you violated the individual rights of an American do you know that you took an oath to the Constitution to protect people's identities and you went across that you violated your oath I'm about to rip that stupid badge off your lapel bud do you understand that you're about to lose your job do you understand you're about to be charged do you understand that if somebody else did what you did they'd be committing uh they'd be charged with a felony and they'd be behind bars right now well that's where I aim to put you buddy that's what ia should be doing that's what my mistake I said it's been a while since I've read it again so I'll maranticate myself and read it this way under this you know pertaining to this incident you're detaining this guy and he didn't want to identify himself um could you lawfully arrest me no sir could you arrest him if he lied to you about his ID no sir with Sergeant Griffith's you know information that didn't have it it didn't have a lawful arrest if you're detaining somebody and they lie to you you can arrest them for failure diabetes okay I think I think you need to brush up on this law quite a bit there's something you seem confused if the government I'm not confused about this if the government lies to you that's just policy if you lie to them that's a felony yes sir um one thing that kind of came to mind when this popped up I'm not trying to too I love this now he's going to go back in francis's past where the guy who's speaking on the central investigation team is used to be his commanding officer as a sergeant this is interesting bring your bold stuff but remember I remember about five years ago when I was your sergeant on patrol and you had a guy that that that kind of a similar thing happened over at those like a halfway house for people that are suffer from mental illness over behind Shannon and he he yes sir I remember this you're talking about we headed to Laughlin you had you had an articulable attention but he didn't want to give you his name and during that shift we kind of found out about it and and me and the lieutenant talked to you about it very similar but you got a good detention he just wouldn't kind of Tello you you know and he arrested him prepared your ID and then we went back and arrested him and told him about the charges that's one thing that's kind of stood out is that yes this is a hard it's a commonly Miss misunderstood law it really is you're not the only one but but you got to make sure okay leading a good impression of the younger guys like maybe this year that you know commonly misunderstood if you're a low IQ low quality immoral idiot I would say that section 3802 is not difficult to understand at all and further I would go further I would say cops don't need 3802 all they need is a fourth amendment this person that stands before me has the right to be secure in this person and I don't have the right to make him insecure in this person that's all you need to know so after 51 days and you know years before that he's he's obvi he obviously has a pattern of arresting people for not iding he obviously has a problem with you not submitting and bowing it down to his authority and he's going to use the authority of the state to put those cuffs on you and basically throw you into a cruiser and take you down for fingerprinting so that you can go into an rap E Cage this guy's got a serious problem just like just like Mayberry has a serious problem Weber has a serious problem and this guy is a serious problem all of them should be charged arrested their pensions stripped from them they should be sitting behind bars and they should have paid the 125 000 settlement not the taxpayers see it's time for these people to pay their uh for their own liability insurance so if they are directly responsible for committing a crime against a member of the public they're the ones who get Char charged the settlement is exacted against them not the city not the taxpayer if you disagree with anything especially if you disagree with you know detention versus arrest tell me if you see any practical difference between detention and arrest other than the word salad of well if it's a detention we hold them because of Suspicion if it's an arrest we hold them because of probable cause I don't see a different either way you're being held either way you don't have freedom either way it's not consensual either way you can't walk away without punishment leave your thoughts about this I want to hear what you have to say if you disagree with anything let me know if you haven't done so already subscribed to this channel hit the Bell notification icon give it a thumbs up share with everybody you know don't forget to subscribe to my email list through my website highimpactflix.com if you want to support the channel the links are in the description grab a hard-hitting conversation starting design that you can put on a shirt hoodie mug cell phone case whatever you want remember freedom is dangerous it always has been it always will be but the thing exponentially more dangerous is not having Freedom I'll see you in the next video [Music]