I'm I'm making a lawful request for it. I'm just asking. I'm asking. >> I I know. Well, you can ask, but unless I'm breaking a crime or committing a crime in the process >> to be committing a crime. You can just be committing suspicious behavior and I have the right to ask you for your ID. >> Yes. Well, you again, you can ask, but I can also refuse because again, it's my constitutional right not to give it up if I haven't committed a crime. >> Well, no, that's not the case. You don't have to I can request you to give me your ID and I can require you to give me your ID. It just doesn't have to be a crime being committed. >> Well, there has to be a crime committed to get the ID. You can request it. That's the thing that we You said you can request it. Doesn't mean I have to provide it unless I'm suspected of committing a crime or a crime has been committed or I am in you expect me of going to be be committing a crime. >> Police approached a man who was openly carrying a toy and taking photographs at a gas station after receiving a call reporting that he was acting suspiciously. Although the man immediately explained that he was simply taking photos and that openly carrying the toy was completely lawful, the officers repeatedly demanded that he provide identification without pointing to any crime or reasonable suspicion. As the man continued to object, he emphasized that constitutional rights cannot be restricted based solely on someone's subjective suspicions or fears. Ultimately, when the officers were unable to establish any legal basis to detain him or compel him to identify himself, they confirmed that he was not being detained and allowed him to leave without issuing a citation or making an arrest. >> Hey. Pretty good. How you doing? >> I'm not too bad. Uh >> Just keep your hands where I can see them. I see what you're carrying there. >> Yeah. >> We just got a call about about a guy who actually said he had a rifle. >> [laughter] >> We got a guy walking taking pictures of this ad. >> That that's awesome with rifles. >> Yeah. >> I wish cuz I'm actually looking at a an AR-15 with a forward grip and everything. Ugh. I can't wait to get some of this stuff, but um well, actually, if you want to if you want these aren't >> Just don't reach for it. Just keep your hands out. >> All right. But, um so is there anything >> Well, we just got a call that that they were saying you were taking pictures of the gas station down here and >> Oh, yeah. Well, I was saying like I was showing like because of most most gas stations like this one they don't have like that what is it called the RV dump thingy but that one does and I I was actually like huh you don't see that very often cuz there's not an actual RV park like thing around here so I was just like that's interesting. >> You live here in Daybreak? >> Uh yeah I well I live up on Herriman so. >> Okay. >> Do you happen to have any idea? >> Uh I do but am I required to give it? >> Well this point I'm just talking to you know and I would I just like to get your name to document in case somebody calls back cuz you're carrying a you know firearm. >> You could call me a good citizen I guess. >> Okay. >> Uh cuz cuz if I haven't broken any laws like the law I'm not I'm not supposed to like give it out. >> Well I'm I'm making a lawful request for it I'm just asking asking. >> I know well you can ask unless I'm breaking a crime or committing a crime in the >> You don't have to be committing a crime you can just be committing suspicious behavior and I have the right to ask you for your ID. >> Yes well you could again you could ask but I can also refuse because again it's my constitutional right not to give it up if I haven't committed a crime. >> Well no that's not the case. You don't have to I I can request you to give me your ID and I can require you to give me your ID just doesn't have to be a crime being committed. >> Well there has to be a crime committed to get the ID. You can request it that's the thing when you said you can request it doesn't mean I have to provide it unless I'm suspected of committing a crime or a crime has been committed or I am in you expect me of going to be committing a crime. >> Well like I said we just got a call of suspicious person on you you know and that is enough for me to to ask for your ID and for you to give me your ID. >> That car is right in the middle of the road just so you know. >> Okay. >> But >> Why don't you just go ahead and tell me who you are real quick and we'll be on our way. >> Well I no offense but I don't have to. If suspicion was a crime a lot of people would be getting arrested. >> Well again again there doesn't have to be a crime for me to request your ID. >> I'm just also going to point out that that car is literally stopped in the middle of the intersection. >> Okay. >> And that's an actual crime yet you're kind of getting on my case for just walking and flexing my rights. >> All All Just hang tight for just a second. >> All right. >> Just I'll all I would tell you is just educate yourself on what the laws are. >> I I have. >> going to have a push and shove with you about who you are, but just realize that yes, what he's asked what he's telling you is actually correct. >> I I but if I haven't committed a crime, there's no reason for me to provide the ID. >> You guys can request it all you want. >> if there's no crime and just walking around, it's not like I have the right to say no. >> You do. I'm I'm like I can't tell you. You might want to go back and read what that code says. >> I have. Yeah, I read it like 5 minutes before I left. >> Just know where we're going. The only reason we want it so that if people continue to call back is hey, we've already spoke with John Doe. >> Well, >> It's fine to be carrying a weapon. >> Yeah, well, if if someone does call in matches my description, you can be like yeah, they it's legal for him to carry. It's legal what he's doing is legal. So, their their their worries and fears don't outweigh my constitutional rights. >> How do we know that you're not a restricted person that's able to carry guns? That's the >> Well, unless I commit a crime, you don't. And but that's again not on me. That's on you guys. And honestly, I I as you this officer has probably observed, I'm not worth the threat in me or that. >> you are restricted and you're carrying a gun, then you are committing a >> Well, but again, >> we can verify that you're restricted is to verify your identification. >> Exactly, but the only way to identify me is if I have committed a crime. If I had jaywalked, then by all means, but from what you have said, the only thing you've gotten is I was taking photos of a gas station and walking. >> Okay, well, that's a suspicious behavior and that's enough for us to do >> Yeah, that's enough for you to make contact, but not enough to ID. >> Well, when you're carrying a firearm and I don't have I don't know who you are and I don't know if you're a restricted person, that is enough. That's what we're saying. >> usually law-abiding citizens that are out here carrying weapons Not Not necessarily, because it's again our constitutional right to carry arms, to walk around, and also if no law has been broken, to keep their identity safe. >> Well, what brings you out here in South Georgia? >> Uh well, I live here, so for one thing. I also was commenting on how hot it is outside and here walking around. It is a like I know I know it's not like normal for people to do this but I honestly wish people would because then honestly these kind of situations wouldn't happen as much because then you guys would know, "Oh hey, call came in about a suspicious person walking around. He has a gun? Okay, well, unless he's committed a crime, no offense, don't worry." >> Well, I wouldn't you be concerned if you had kids running around or other people running around you or your kids? >> No. >> We can't identify a person that's carrying a firearm. Wouldn't that be a concern? >> Nope. I've actually come out like I've given people like high fives and like shaking their hands for carrying weapons or flexing their rights. Like when California is having issues with the whole oh let's they can't carry handguns. I don't believe in that. I believe that people should be able to flaunt their guns or do whatever and walk around. As long as it's safe and they know what they're doing then by all means. If someone's like if I was waving my gun around they're like then yeah, by all means like that person shouldn't have have the guns but >> I agree with you that I think it's important that people know their constitutional rights to carry weapons. >> Yeah. >> On the law side of law enforcement I think it's a large job to make sure that people aren't carrying guns that are restricted people. >> Yep, I understand that. I >> So we're asking you for your ID to make sure that you're not one of those individuals that shouldn't be walking the streets with >> I I do I understand where you're coming from and I but at the same time I still have my rights. The only thing you guys have to go on is just walking around. >> Okay. >> I I I I do understand where I'm not trying to be a jerk or trying to hinder it but that is the that is what the law says. >> Okay. >> All right, well am I being detained or >> Not by >> All right, well thank you guys. >> Have a great day. >> This is a