I'm gonna decide whether to book you into the Clayton County Jail at this moment okay or let you go on a ticket I'll let you go on a verbal what would you like it's September 29th 2022 and Jesse Cortez and his partner are planning to visit a public park in Atlanta Georgia but an unmarked police car has suddenly pulled Cortez over Jessie Cortez doesn't understand why you can't pull somebody over time I gotta pull cuz you the police I didn't do anything wrong receive driver's license I don't got to give you nothing huh okay all right have a good day I will okay I ain't do anything wrong you can't sit here and threaten people you said you said leave watch what's gonna happen yeah I haven't done nothing I need a unit out here see what I mean you got to get a unit out here okay okay I got this i got this to your driver's license for what because you almost hit me coming around this no I didn't I didn't hit you I didn't hit you I need to see your drivers I don't need to give you anything okay the driver of this police car is telephoning for a unit diverting important police officers to the scene of this so-called crime he's accusing Jesse Cortez of almost hitting him and he is demanding to see his license in a clear violation of the Fourth Amendment the right to be free of unreasonable searches and seizures unless there is probable cause in this case there clearly isn't reasonable cause and Jesse is within his rights to refuse to hand over his license to this unruly police officer for what why are you stopping me I'm stopping you because you're a suspicious vehicle that's being suspicious not a crime let me see driver's license go off or call call your call your supervisor here I'm the chief of police oh you need to call somebody else where's where's the patrol card in the unit here ask them to uh pick up the pace this police officer is claiming that he is stopping Jesse's car on suspicion Jesse retorts that being suspicious is not a crime suggesting that the officer has no evidence to back up his charge the police officer then reveals himself to be the chief of police and he asks his unit to pick up the pace you just can't stop people and just tell them pull over don't you see the lights you can't just no you can't you don't understand Georgia no you can't obviously you don't understand George A lot can I see your driver's license place sir I'ma wait for a unit to come here someone and you're gonna come no problem hey bro how you doing hey what's happening hey not much man hey look they're just trying to ID you man you got your license on you yeah and I asked him why yeah I mean because this city property over here and it's not that you're necessarily doing anything wrong by driving by but the the city management over here they're just real particular about people being in here when there's an event going on okay so any any because there's cameras all over this property I get it the police chief insists that Jesse doesn't understand Georgia law and repeats his request to see his driver's license it is Jesse's right to refuse so he does the next police officer politely repeats the request claiming that this is city property and that the city management doesn't permit people to be around unless there is a public event yeah so anytime there's just like a random car coming through here we always respond over here just to ID whoever I do want to ask so is he the chief is this okay he just kind of got all kind of aggressive you know what I mean all right well I mean I say that and and me I want to you know I don't want to provide anything unless I did something wrong if I didn't do anything wrong I would like to be on my way well I mean like I said you are in a a closed city property right okay so the officer suggests that it is a standard practice here to stop cars and demand their licenses Jesse is accusing the police chief of being aggressive so you guys can ask me to leave and I can leave well it's not like I said it's not that you necessarily did anything wrong then I would like to be on my way well and and the thing is is we saw that it's uh for lease week we choir about it being for being progressively towards us I got you man look any anybody that's over here when there's not an event going on we ID who's ever over here we mean it's not a law so okay so why do I have to ID that's my question for you I mean you had no legal reason to be here though I mean this isn't this isn't locked or closer integration yeah but so how does somebody come and see if at least and this is my question for you because I'm more than welcome but I want to do it that I'm doing it under threat of arrest that's he threatened me okay well I'm not threat okay so then I would like to be on my way I don't want that dude George is not a stop in ID state is it yes if the police get out with you you have to provide your ID so what do we do here so I'm gonna give you my idea under a threat of arrest right because that's what's gonna happen if I don't give my ID if I don't give my ID that's what happens correct I mean you will be identified one way or the other oh so I mean you ran my tags already right I didn't run your taxes the entrances and exits of the park have not been blocked so how could Jesse have known that he is trespassing Jesse is willing to hand over his license so long as it is understood that he has been threatened with the rest the officer insists that he is not threatening him what's going on I'm major Woodall I'm the number two of the department okay I heard you yelling back at the chief that you didn't believe he was the chief of police I mean he's not and he doesn't have to no policeman has to they just have to say to the police come on now so somebody can come up and say I'm a police and I'm supposed to believe him what all second in command turns up to support the chief wrongly claiming that the police don't have to identify themselves before wrongly demanding that he gets out of his car it's crazy are you having problems identifying you have your ID on you I do have my idea get it out we have probably calls to arrest trespassing step over here man that's why I'm going your vehicle you're gonna get it back here you go Jesse hasn't consented to searches or seizures but the officers curse him enter the car and seize his licensed gun the police chief is present throughout this violation of Jesse Cortez's constitutional rights I'm an easy deal we've been doing about a hundred years of policing you need to understand we understand our limitations of the Fourth Amendment and all and all of you are in violation of state law and city workers okay that's fine with me I'm going to decide whether to book you into the Clayton County Jail at this moment okay or let you go on a ticket or that you go on a verbal what would you like [Music] no what would you like training the officers insist that they are in their rights based on their 100 Years of policing experience they are threatening him with jail time that's yours you're being warm enough to come on these premises again it's all videoed by us you can turn your stuff off that's all right I'm going to give you your stuff gets lost sometimes all right let me tell you what I'm doing sir I'm writing you a ticket the least amount of fine possible and I'm not taking you to jail in a state charge of obstruction okay okay when blue lights come on you have to stop and yield to them okay when blue lights come on you have to stop and yield to them who's your attorney go ahead who's your attorney I'm running silent too okay I recommend Bruce Harvey okay he's a really good uh Fourth Amendment lawyer okay and when the police give you instructions to demand your identification you must present it in accordance with state law especially when there's articulate a probable cause but as little as as little as Reasonable articulable Suspicion so Georgia is a must present ID State okay arguing with the police doesn't get you anywhere the judge is who you argue with just do what the police say on scene I'm not taking you to jail and I'm not impounding your car we're way way able to do that I'm not doing that I'm giving you the disorderly conduct City citation with a very low fine and if you show up and the judge and you respect the judge and you throw yourself in the mercy of the court maybe the judge will toss it I wouldn't have any problem with that I wouldn't have any intention with that but you have to understand that you must obey law enforcement because we're a nation of laws if you'll just sign right here sir you'll see you should not admit guilt it only acknowledges receipt of the charge and the court date okay y'all be careful Jesse has been given a ticket for disorderly conduct and warned not to argue the officers insist that you must present ID in Georgia but this is not true IDs must only be presented if a crime has been committed and in the case of Jesse Cortez this has clearly not happened