I shit you not!
He told the cops his name, his address and why he was there. They demanded ID which he simply did not have on him. So they put him in cuffs and arrested him.
The "charge" was later dropped, so he sued the cops.
A lower court said "no way, immunity!" but that got overturned on appeal.
So now the State's highest court is going to rule on what should be obvious. The US Supremes covered this years ago, afaik. Can cops "compel" a person to show ID under penalty of arrest if they do not?
His lawyer makes an excellent point: you could get arrested if you go to the store but leave your ID at home because the cops stop you & demand ID? Nonsense.
Not to distract from your case study on cooperating, but:
"Hell no man I'm not going to give you no ID"
From the clip it seem he drove to the neighbor's house 'across the street' (which sounds more than like 100') so he probably had ID on him but was just upset they asked.
Yeah it's annoying to show the ID but victim culture transforms annoying to degrading and then you get this kind of incident.
edit: black guy in Alabama watering flowers gets harassed by 3 white cops and you guys think he's some kind of constitutional scholar. Good grief.
But he does know his rights. The US Supremes said that years ago.
Weather he's being a jerk or he didn't have any on him isn't the issue. It is that the cops were illegally demanding something from him & he didn't want to, or could not, comply further. He did comply fully otherwise.
Ah! I misunderstood.
Usually the "fuck you I know my rights" types are complete idiots, eh? U-Tube is filled with videos of them!
"You don't have the right to approach me!" "Your windows are obviously too dark & that's not legal!" Yes, loud mouth Black woman with a little muffintop: he DOES have the right to talk to you. (She went on to assault him, screaming hysterically, he was too patient with her!)
They said they were called about the car parked on the neighbor's driveway, but the video shows no reply. He was standing in a perfectly empty driveway, why would not park there?
Anyhow, no idea if the car was his or not. I'm guessing not because if it were they'd have charged him with that, not some make-up BS.
And he freely gave his info. Name, address and why he was there. By asking him for physical ID they're just being lazy. Go look it up & see if it's true! If true, go away. Same as seeing physical ID. Bad cops.
I'm guessing he didn't have ID on him because he'd walked over. The cops demanding it after he told them everything suggests they didn't bother to go look anything up.
I imagine he probably parked in the neighbor's driveway so it was easier to use the hose on the flowers along the house, the neighbors said wtf and called the cops, and that's why they were there. The SUV was poorly parked.
Makes more sense than cops just randomly stopping to check on some guy watering plants.
But I'd have to look up the details and don't care about it that much. Point is he could have just showed them an ID and been back to watering flowers in like 2 minutes.
The cop tells him they were called because of that car, but it never is established if it was his car or not.
If he did park it there, and admits that, I think they can ask for his drivers license? You don't have to be in the car, just have operated it. But again, even without the paper just giving your name & address should be enough. Fridays with Frank does that all the time.
If his ID was at home (since he walked there) then telling his name and address ought to be ample. But it looks like the cops never even went to look it up before slapping the cuffs on him. Even if he had it on him, they don't actually have the lawful right to demand it, name & address is enough unless that comes up fake.
Anyhow, that's what the US Supremes said & what the Alabama Supremes are looking at now.
So the cops were called because of somebody else's car in the neighbor's driveway and they arrived while he's there watering plants for a few minutes.
That would be quite a coincidence. Yeah, no I don't think so.
You can tell from his body language reaction that he's pissed off that they wanted to see his ID and didn't just believe his story (because he's black is obviously what he was thinking).
The call might have come in hours ago, days even, it's very low priority, eh? It would be more shocking if he'd just parked there and the cops responded within minutes, don't you agree? I'd be shocked if that were the case.
And yes he certainly thought he was being harassed "for the crime being Black" and looking at it all I'd actually agree.
I said in another comment that usually the people who "play the race card" or scream "I know my rights!" are complete idiots, eh? U-tube is full of videos of them! But this guy doesn't seem to be an idiot, he's just (like you say) pissed off at the cops.
Is Alabama a stop and ID state? If it's not, the only way a cop can ask for ID is if they have reasonable articulable suspicion of a crime. A person can identify with name and birthday.
When I was a municipal prosecutor I had to explain to a cop why he couldn't arrest people for failing to give ID without probable cause. He then tried to invent probable cause in ways that would have gotten the city sued.
Correct. The US Supremes said that years ago.
Even in Canada? Declining to have your car searched is NOT probable cause. Same for showing ID. Name & address is all you need to say.
Cops will said things like "So you don't object to me searching your car?" where any yes OR no gives them consent. You have to carefully say "I do not give consent" :/
Yup. If suspected of a crime, they can ask for but not require ID. A name, address and such are enough.
Apparently they stopped because of that car in the neighbor's driveway? But he said he lives across the street, easy to check before slapping cuffs on him. But nope. Hard to imagine driving across the street to water the flowers :/
I post this to show how easy it is to NOT get shot by LEOs no matter how stupid they are.
He even says at one point he feared that, so he did not resist.
Given the insane gaslighting of the recent ICE event? Of non-stop gaslighting by the Media for decades now, it really is this easy to not get shot by police!
I hope he gets a decent settlement when all this is over with.
Cue the David Spade video š
I shit you not!
He told the cops his name, his address and why he was there. They demanded ID which he simply did not have on him. So they put him in cuffs and arrested him.
The "charge" was later dropped, so he sued the cops.
A lower court said "no way, immunity!" but that got overturned on appeal.
So now the State's highest court is going to rule on what should be obvious. The US Supremes covered this years ago, afaik. Can cops "compel" a person to show ID under penalty of arrest if they do not?
His lawyer makes an excellent point: you could get arrested if you go to the store but leave your ID at home because the cops stop you & demand ID? Nonsense.
Not to distract from your case study on cooperating, but:
"Hell no man I'm not going to give you no ID"
From the clip it seem he drove to the neighbor's house 'across the street' (which sounds more than like 100') so he probably had ID on him but was just upset they asked.
Yeah it's annoying to show the ID but victim culture transforms annoying to degrading and then you get this kind of incident.
edit: black guy in Alabama watering flowers gets harassed by 3 white cops and you guys think he's some kind of constitutional scholar. Good grief.
I think this is less victim and more fuck you I know my rights.
But he does know his rights. The US Supremes said that years ago.
Weather he's being a jerk or he didn't have any on him isn't the issue. It is that the cops were illegally demanding something from him & he didn't want to, or could not, comply further. He did comply fully otherwise.
I'm not disagreeing. I meant he's an actual victim of overreach and he was standing up for his rights. Not a pretend victim
Ah! I misunderstood.
Usually the "fuck you I know my rights" types are complete idiots, eh? U-Tube is filled with videos of them!
"You don't have the right to approach me!" "Your windows are obviously too dark & that's not legal!" Yes, loud mouth Black woman with a little muffintop: he DOES have the right to talk to you. (She went on to assault him, screaming hysterically, he was too patient with her!)
He already told his name and address. If you're trying to make a point about not having to show ID probably shouldn't identify yourself first.
Are you retarded? If you identify yourself and they have no probable cause then that's the end of it.
They said they were called about the car parked on the neighbor's driveway, but the video shows no reply. He was standing in a perfectly empty driveway, why would not park there?
Anyhow, no idea if the car was his or not. I'm guessing not because if it were they'd have charged him with that, not some make-up BS.
And he freely gave his info. Name, address and why he was there. By asking him for physical ID they're just being lazy. Go look it up & see if it's true! If true, go away. Same as seeing physical ID. Bad cops.
I'm guessing he didn't have ID on him because he'd walked over. The cops demanding it after he told them everything suggests they didn't bother to go look anything up.
I imagine he probably parked in the neighbor's driveway so it was easier to use the hose on the flowers along the house, the neighbors said wtf and called the cops, and that's why they were there. The SUV was poorly parked.
Makes more sense than cops just randomly stopping to check on some guy watering plants.
But I'd have to look up the details and don't care about it that much. Point is he could have just showed them an ID and been back to watering flowers in like 2 minutes.
The cop tells him they were called because of that car, but it never is established if it was his car or not. If he did park it there, and admits that, I think they can ask for his drivers license? You don't have to be in the car, just have operated it. But again, even without the paper just giving your name & address should be enough. Fridays with Frank does that all the time.
If his ID was at home (since he walked there) then telling his name and address ought to be ample. But it looks like the cops never even went to look it up before slapping the cuffs on him. Even if he had it on him, they don't actually have the lawful right to demand it, name & address is enough unless that comes up fake.
Anyhow, that's what the US Supremes said & what the Alabama Supremes are looking at now.
So the cops were called because of somebody else's car in the neighbor's driveway and they arrived while he's there watering plants for a few minutes.
That would be quite a coincidence. Yeah, no I don't think so.
You can tell from his body language reaction that he's pissed off that they wanted to see his ID and didn't just believe his story (because he's black is obviously what he was thinking).
The call might have come in hours ago, days even, it's very low priority, eh? It would be more shocking if he'd just parked there and the cops responded within minutes, don't you agree? I'd be shocked if that were the case.
And yes he certainly thought he was being harassed "for the crime being Black" and looking at it all I'd actually agree.
I said in another comment that usually the people who "play the race card" or scream "I know my rights!" are complete idiots, eh? U-tube is full of videos of them! But this guy doesn't seem to be an idiot, he's just (like you say) pissed off at the cops.
Cops are on average retarded
Is Alabama a stop and ID state? If it's not, the only way a cop can ask for ID is if they have reasonable articulable suspicion of a crime. A person can identify with name and birthday.
Sounds like the cops really dropped the ball
When I was a municipal prosecutor I had to explain to a cop why he couldn't arrest people for failing to give ID without probable cause. He then tried to invent probable cause in ways that would have gotten the city sued.
Correct. The US Supremes said that years ago.
Even in Canada? Declining to have your car searched is NOT probable cause. Same for showing ID. Name & address is all you need to say.
Cops will said things like "So you don't object to me searching your car?" where any yes OR no gives them consent. You have to carefully say "I do not give consent" :/
Sounds like police in a nutshell. The reason thugs in uniform (police) get away with it is most people can't afford to file a lawsuit.
Iād have to agree
Yup. If suspected of a crime, they can ask for but not require ID. A name, address and such are enough.
Apparently they stopped because of that car in the neighbor's driveway? But he said he lives across the street, easy to check before slapping cuffs on him. But nope. Hard to imagine driving across the street to water the flowers :/
What a gay response
I post this to show how easy it is to NOT get shot by LEOs no matter how stupid they are.
He even says at one point he feared that, so he did not resist.
Given the insane gaslighting of the recent ICE event? Of non-stop gaslighting by the Media for decades now, it really is this easy to not get shot by police!
I hope he gets a decent settlement when all this is over with.
Cue the David Spade video š
What's the adage, "You can beat the charges, but you never beat the ride?"
Argue in court not in the street
What a gay response
Argue in court, not roadside.