You're suspicious in this area. And you have you have you have this lady's house and steal anything. >> You have approached me. You have approached me. You have approached me. You have approached me and I have explained what I am doing. I am playing a game on my phone. >> If something does happen, something could happen, there's a possibility of a already known suspect now that was in the area prior to anything happening. So, if something happens tonight or the next day or something like that, who is the strange people in the area? That would be you. >> In this video, cop saw a man sitting on a public street playing a GPS game and decided that simply being in a neighborhood where he didn't live was enough to demand his ID. Even after the man explained exactly what he was doing, the officer kept pushing the idea that he could be a thief or basically anyone else the officer wanted to imagine. Then the officer started throwing around traffic violations and demanding compliance while the man kept challenging the legal basis for the stop and the ID demand. Watch how this encounter turns into a full-blown lesson in the difference between asking for identification and actually having the legal authority to demand it. >> We've had thefts in this community, okay? >> Yes, sir. Thank you. >> Careful. [clears throat] We've had thefts in the community, okay? And you don't live here. >> Do you have a reasonable suspicion? >> suspicion is that the possibility that you could be a thief in this area. >> I have explained to you what I'm doing. >> I want to know who I'm dealing with. You could be an axe murderer. Okay? >> So could you. >> Yeah. No, not in my uniform. I'm at the park. No. >> No, no, no. There have been plenty of cases where officers have broken the law. Let's not pretend. Nobody is perfect. >> not breaking the law. I'm asking you for your ID so you can show me your identity and I can walk away from here and give you your your uh identification back to you and we'll be done. >> Are you issuing me a Not right now. Civil citation? >> No, not this second. >> Am I being detained or am I free to go? >> detained. You can leave if you want to, yes. >> Okay, thank you. But if I'm free to go, I'm free to stay. >> No, you're not free to stay. >> Yes, I am. Is this a Is this a public street? >> you're suspicious in this area. I don't know if you're getting ready to go in this lady's house and steal anything. >> have approached me. You have approached me. >> You want to leave? >> You have approached me. You have approached me and I have explained what I am doing. I am playing a game on my phone. So, you think I'm a liar? >> So, I'm a liar then. You're You're >> Let me tell you this, okay? You You're saying I deal with 90% of the worst people 90% of the time, 10% worst people, okay? >> Yes, yeah, I understand. Your sense of trust has gone completely. >> not there. >> But I'm I'm asking you to obey the law. I'm asking you to obey the law. >> obeying the law. >> No, you are not. You do not have a reasonable articulable suspicion. >> Yes, I do. >> What is your reasonable articulable suspicion that I am about to commit, have committed, or will commit a crime? >> in an area >> What is your reasonable articulable suspicion that I have committed, will commit, or about to commit a crime? No, sir, I'm not. >> Stay there. >> Now, am I being detained, sir? >> All right, boss. Now, you're in violation of traffic law on top of being in a neighborhood where you don't live. You live on Ridge Street, right? >> Which traffic law am I in violation of, sir? >> You're in violation of registration right now. >> Okay. >> How so? >> Because this is on a white minivan and the tag comes back to a green car. >> Well, I can't That's what we were issued. But if I'm in violation, please issue me a citation. >> your registration, proof of insurance, and ID. >> Can I get in my phone? >> Yep, go ahead. >> No, you can come around. >> I just told them that I only have my uh video from my vehicle. >> He's not going to roll it down. He's He's wanting to wanting to argue the point about everything. You sit here in front of somebody's >> you to obey the law. >> It has nothing to do with obeying the law. >> Yes, it does. I am on a public street. >> Yeah, you're on a public street, but you don't live here. You're just sitting in front of somebody's house. I don't know if you're getting ready to take something out of this lady's house. >> And I don't know if you're getting ready to shoot me, which is why I put the video camera on. >> If you feel like that, then oh well, so be it. Thank you. Sit tight for a second, sir. >> I'm not going anywhere. When you're all done, please wipe your fingerprints off my car. >> Sir. Your insurance is expired. It says 5/23/2020. This is carded. >> Let me find the correct insurance, then. >> Okay. If you get it, just hold it out the window when the deputies can get it from you. You can put it in your car. >> Yes, sir. >> Here's your registration back. >> Thank you. >> All of those things I make sure you check your >> understand that, but what does my ID have to do with making sure the area is safe? Is the area any more safer now that you've identified me? >> Yes, and I'm going to tell you how. >> Okay. >> The The explanation that I'm fixing to give you is the reason why I do what I do. Okay, this area, and now that I have your ID, the area, if something does happen, something could happen, there's a possibility of a already known suspect now that was in the area prior to anything happening. So, if something happens tonight or the next day or something like that, who was the strange people in the area? That would be you, okay? We will come and talk to you. We will come and meet and we'll >> Well, that's fine. Why don't you come and talk to me when you have a suspicion of an actual crime? Sitting on the side of the road is not suspicion of a crime. This is a This is a road. What crime is suspi- is sitting on a public road? >> in this subdivision? >> As a matter of fact, I do. >> Okay. Why aren't you sitting in front of their house? >> Because I already sat in front of their house. I explained to you this is a GPS game. You understand GPS, I know. >> GPS, and I understand people doing all these games. But, if you want to be hard with me as far as me >> trying to be hard. I'm trying I want you to obey the law. >> I am doing the law. That's what I do. That's everything that I do is my duty. >> Bull. As a corporal, you >> I'm glad you know my job better than I do. >> I don't know your job better than you do, but I do know the statute for identify. I was not committing a pub- >> The statute for identifying yourself is anybody over the age of 18 has to have a document in their possession of who they are at all times. >> But, I don't have to give it to you. >> When you are asked and requested by a by a officer, >> You un- unless you are issuing me a civil or a criminal citation, then this is germane. >> I can ask for your identification at any time. >> you can ask for it, but I'm not legally required to give it to you. >> I'm happy you feel that way. Have a good afternoon, sir. >> Thank you. You, too. >> Please move on. >> If I'm free to go, I'm free to stay. >> I'm going to ask you to leave this area. >> asking Are you asking me or ordering me? >> I'm asking you to leave the >> Are you asking me or ordering me? >> I'm asking you to leave the >> If you are ordering me, I will leave. If you are asking me, I would stay. I'd like to stay in >> I'm ordering you to leave the >> Thank you very much. I will certainly leave. Please wipe y'alls fingerprints off the back of my car. Greetings. As will be readily evident in this video, I am not an auditor. Uh I do respect what auditors do. I do believe uh the public needs to be corrected on a lot of their misguided notions on what uh privacy is in regards to photography. Um and officers a lot of time need to be informed uh of basic laws or at least called out on their bull. Um The beginning of this video, I did do what many of you um all say is not needed, but I disagree. In my opinion, it is suspicious to be out in front of somebody's house. It's an abnormal occurrence. People have every right to come up and and ask. So, he did, and I answered. I was playing a game. It was stupid little GPS game. That should have alleviated his suspicion, and he could have been on his way. Um of course, he wasn't. It was at this point he demanded an ID. It was at this point I demanded he turn on his body cam, which of course he didn't have. I asked him where his body cam was. He responded at the office. Great place for it. Uh Side note, the other officers that responded didn't have their body cams on either as far as I could tell. Um one guy definitely I wasn't paying attention to the other one. Um I know there were some things I did wrong in this video. Uh it's easy to armchair quarterback and think about everything that you would do. Um things like asking for names and badge numbers. Um asking for what law he's quoting in his bull that you know, basically you know, present your papers on demand. Tennessee is not a Terry stop state. To my understanding the only code for ID is TCA 7-3-505 which deals with states that you need to present your ID if you're being issued a citation or a civil warrant which is why I kept asking him about that. Um since he fished around and came up with a reason why um to ask for ID, I don't know if the registration issue which was legitimately an issue, they screwed up and said it was a green car instead of a white minivan. Uh if that's a sizable offense. So, I didn't feel comfortable enough um refusing to demand at that point as I felt I was on shaky ground so I did provide my ID. Um I should have called him out for his copsplaining. Uh I did to some degree, but at this point he already had my ID. Uh he got what he wanted. Um there was a slight gap uh where nothing of incident happened. Um the paperwork I had in my glove compartment for insurance was uh had just recently expired. I didn't have my new copy. Um so I had to turn off the video to get into um Allstate's website which of course by the time he came back he didn't even want to see if I had insurance. He again, he got what he wanted. Um also I should have asked when he ordered me to leave, is that under threat of arrest? Which I did not. Um that's everything I can think of that I screwed up on. Again, I'm not an auditor. It's just things that I know people are going to say in the comments. Uh I will be filing a complaint on this officer. Uh while he wasn't, you know, rude, uh declaring his neighborhood as his own personal fiefdom and his apparent belief that because you don't live there, you can't be there is frankly just [ __ ] Uh he obviously has zero understanding of what's going on or he's just making up laws as he goes. Um but yeah. You'll see what you can see. Thank you. >> The biggest problem here was the officer treating ordinary presence in a neighborhood as though it automatically created a legal basis to demand identification. Tennessee authorities have explained that officers may approach people in public, ask questions, and even request identification during a consensual encounter, but a person does not have to answer simply because an officer asks. A detention requires objective grounds, rather than nothing more than an officer's suspicion. The officer also relied heavily on the idea that the man did not live in the neighborhood and therefore could be a potential thief or other criminal, but simply being somewhere you do not live is not by itself a crime. The officer eventually raised a separate vehicle registration discrepancy, and the man provided his identification rather than risk taking a position on an issue he believed was legally uncertain. Tennessee Code 7-3-505 also does not create a blanket requirement for every person to produce physical identification whenever an officer asks. That statute specifically addresses identification requested from a violator for purposes of issuing a citation or civil warrant. What officers should have done was clearly distinguish between a consensual request and a lawful detention, identify the specific violation supporting the detention, and explain the legal basis for any identification requirement instead of treating a person's presence in the neighborhood as evidence that he might commit a crime. The man challenged that reasoning throughout the encounter, ultimately provided his ID, dealt with the vehicle issue, and once the officer clearly ordered him to leave, he complied. But, the real issue was whether the officer had lawful grounds to issue that order in the first place.