Tag Archives: legal detention

Caldwell County, NC Sheriff’s Deputy Demands ID From Couple Suspiciously Eating Lunch

North Carolina Deputy ID Couple Suspiciously Eating Lunch

Caldwell County (NC) Sheriff’s Deputy Victor Misenheimer approached a couple eating lunch in their car and falsely claimed they are required to provide ID to any police officer upon demand.

Note: The video and description included within this post was shared with Nevada Cop Block via reader submission. If you have videos, stories, upcoming events/protests, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

Chad Love, who submitted the video, states in his description below that he and his girlfriend were sitting in their car within a public park eating lunch when Deputy Misenheimer deemed that suspicious and began harassing them. Regardless of Misenheimer’s personal opinion, legally that is not a reasonable suspicion of them having committed a crime.

In addition, as Love also states in that description, North Carolina is not a “Stop and ID” state. (Misenheimer even aknowledges that it isn’t in the video.) In states without Stop and ID statutes, you are actually not required to identify yourself, even when there is reasonable suspicion. The reasonable suspicion requirement applies to when you can be lawfully detained by the police.

In states with Stop and ID statutes, being lawfully detained is what allows the police to compel you to identify yourself (otherwise you can be arrested for obstruction). However, if there is no Stop and Id statute in your state, you are not legally required to identify yourself unless you are actually being arrested (which would require probable cause).

(Also, “articulable suspicion,” which Deputy Misenheimer mentions in the video, is not really a thing. What he is confusing it with is the requirement that a reasonable suspicion has to be based on articulable facts. Essentially, what that means is they have to be able to explain a basis for the suspicion, not just state that they were suspicious of something.)

In most states, including North Carolina, the one exception that allows police to demand ID from someone occurs when they are driving. Legally, the police can demand identification from the driver of a car. That is based on the requirement to have a driver’s license when driving.

So, that would be the one instance in which Deputy Mizenheimer is correct in relation to Chad’s girlfriend having to provide ID because she’s the driver. However, based on the fact he doesn’t cite that as a reason and argues (incorrectly) about reasonable suspicion, Misenheimer doesn’t seem to actually know why that is. Regardless, he clearly doesn’t understand that it does not also apply to the passenger of a car.

Incidentally, whether you are a driver and/or have been legally detained, you are not required to tell the police anything beyond your identity. At all times, you have and should exercise the right to remain silent. Talking to the police is never a good idea and if the police are looking for a reason to arrest you more than likely all you are going to do is help them find one.

Obviously, there aren’t any “crimes” more serious than two people eating in their car at a public park in need of investigation out there in Caldwell County, NC. We should all thank Deputy Victor Misenheimer for the bravery he displayed on this video in heroically confronting these dangerous criminals.

Date of Incident: September 2nd, 2017
Officer Involved: Deputy Victor Misenheimer
Department Involved: Caldwell County Sheriff’s Office
Department Phone No.: (828) 758-2324
Sheriff Alan C. Jones: (828)754-1518
Facebook: Caldwell County Sheriff’s Office on FB
Twitter: North Carolina Sheriff’s Association

My girlfriend and I were sitting at the park in Sawmills, NC minding our own business. We had been at the park for about twenty minutes while we ate lunch. This occurred on Saturday September 2, 2017 at approximately 12:00 PM.

Deputy Misenheimer of the Caldwell County Sheriff’s Department decided to stop behind our car while we ate lunch. The deputy approached the vehicle and asked what we were doing and why. We advised him that we were eating lunch.

The deputy then asked for ID’s from my girlfriend, who was driving, and also from me. I advised him we hadn’t done anything and we don’t have to provide identification. My girlfriend complied with his request. While it’s not on the video, the officer threatened to arrest me under the resist, delay and obstruct an officer statute.

I asked what was his reasonable suspicion that we had committed a crime or were about to. The deputy then proceeded to to treat us like criminals. I did not give my ID and have logged a complaint with the sheriff’s department.

If you agree that this stop borderlines harassment, please contact the department at 828-754-1518 and let Sheriff Alan C. Jones know. Remember, if you don’t stand for your rights, they will continue to be violated. I have no problem with the deputy interacting with us, but North Carolina is not a stop and identify state and he made it seem like my refusal to provide ID was against the law.

This is government tyranny. The same thing we fought England over. Now is the time to stop this! I would have agreed with the officer in regards to there being reasonable suspicion if things had been different. For example, the time of day or night, it being Saturday, as well as the fact that there were other people using the park (none of that should be considered suspicious).

The officer stated we were suspicious. It’s a public park at noon on a Saturday. How is that suspicious? Especially, if we are visibly eating.

– Chad Love

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Make Sure You Know How to Assert Your Rights When Harassed and/or Profiled by Police

The following video and the description accompanying it were shared with the CopBlock Network by Rudy Gonzalez Jr., via the CopBlock.org Submissions Page.

This submission is one of the better videos I’ve seen showing how to calmly, yet firmly, assert your rights and handle yourself when being harassed by the police. And obviously the first thing he does right is filming his interaction with the officers. It begins with Officer Deleon stating that he needs to see Gonzalez’ ID to make sure he “isn’t an illegal alien.” Deleon further states that this is based on the fact that Gonzalez is walking close to a border fence at night.

This is a pretty blatant case of profiling, based on the fact that Gonzalez is of Latino origin. I have very little doubt that if someone of another ethnicity were doing the same that it would be unlikely they would be stopped to check if they are in the country legally. Gonzalez subtly points that out by asking Deleon why he suspects that he is in the country illegally. And of course, much like someone shouldn’t have to prove that they “belong” in a certain neighborhood based on their appearance, people shouldn’t have to arbitrarily prove that they are a citizen (without even going into the many abuses justified and perpetuated by border controls and the hysteria surrounding them) based solely on their appearance, either.

A rather interesting exchange is when Officer Deleon begins asking Gonzalez questions about whether he has any weapons on him and responds to Gonzalez asking for his name and badge number by asking for his name. Each time, Gonzalez asserts his Fifth Amendment right to remain silent by stating, “I don’t answer questions.” In a frustrated voice, Deleon says, “you like to ask questions, though.” As a matter of fact, that is the exact proper way people should handle being questioned by police. The best course of action is to refuse to answer any questions and any conversation that you have with a cop should be to question them about the legalities of the situation in order to clarify if they are being accused of a crime. (Also, in order to get them on record stating what, if any, crime they think you might have committed or admitting that they don’t have any reason to suspect you of a crime.)

Toward the end of the video, Gonzalez turns the tables a bit and begins asking Officer Deleon if he and Officer Spinoza are “illegals.” He follows that up by stating that he needs Deleon to show him three forms of ID to establish if he is in the country legally. The real cherry on top of the whole exchange is when Deleon responds by again requesting ID from Gonzalez.

Gonzalez correctly explains that, unlike police officers, citizens aren’t required to provide ID unless they are suspected of committing a crime (and therefore legally detained) citing the Brown vs. Texas case. Another, more recent, case that pertains to requirements to produce ID is Hiibel v. Sixth Judicial District Court of Nevada, in which the U.S. Supreme Court ruled that police could arrest someone for refusing to identify themselves, but only if they have reasonable suspicion to believe that someone has or was in the process of committing a crime.

In both cases, it was also ruled that citizens are not required to produce physical ID unless they are driving. They are only required to verbally identify themselves. In addition, the requirement even with reasonable suspicion only applies to states that have “stop and identify” statutes. Currently, there are twenty-four such states. The other states require an arrest in order to compel someone to provide identifying information.

Shortly after that, Gonzalez asks, “are you accusing me of committing a crime” and then when Deleon responds that he isn’t asks the Magic Question that lets you know whether you are being detained or just being harassed – “am I being detained?” When Officer Deleon states that he is not being detained, Gonzalez follows up with “then I’m free to go?” Once again Officer Deleon confirms that he is free to go and therefore not being detained. At that point, Gonzalez does the smart thing and simply leaves.

Date of Incident: December 08, 2016
Officers Involved: Officer Deleon Badge #208, Officer Spinoza Badge #858
Department Involved: San Luis (AZ) Police Department
Department Phone No.:
928-341-2420
Department Contact Page:
Contact Us

Video Description (via Youtube):

I was walking home from my job in San Luis, AZ at 1:31am on December 08, 2016. While between San Luis and Gadsden, I was approached by a police officer who accused me of being an illegal immigrant. This is the video and audio documentation.

– Rudy Gonzalez Jr.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

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Las Vegas Cops Demand ID, Attempt to Intimidate, Then Issue Threat When Refused

The videos and description within this post were shared with the CopBlock Network by a reader from Las Vegas named Carter, via the CopBlock.org Submissions Page.

The videos included with this post begin with a group of Animal Control officers attempting to get a Carter to provide them with his identity and allow them access to his dogs. The reason given to justify that is that they received a report of a kid being bit by a dog five days earlier. When Carter refuses to do so without them providing some sort of probable cause that the dogs involved were his, the Animal Control officers call the Las Vegas Metropolitan Police Department for backup.

A pair of LVMPD officers arrive and also begin demanding ID from Carter, incorrectly telling him that he is required by law to tell them his identity. Instead, he cites the requirement for a legal detention, per the Supreme Court ruling in “Terry vs. Ohio,” that they have probable cause to believe he is either committing, is about to commit, or has committed a crime.

Of course, in Nevada you are not required to identify yourself to the police unless you have been legally detained or are under arrest. However, the police are in fact required to give their name and badge number and, in spite of that, every one of them refuse to do so when it is requested.

In the end, having realized that their attempts to intimidate Carter have very badly failed, the half dozen police and animal control officers walk back to their vehicles. In the process, one of the LVMPD gang members threatens Carter saying, “don’t let me catch you jaywalking” and “you better watch yourself.”

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Date of Incident: September 27, 2016
Department Involved: Las Vegas Metropolitan Police Department, Las Vegas City Marshals & Animal Control
LVMPD Phone No.: (702) 828-3111
Animal Control Phone No.: (702) 633-1390

Animal Control officers came to my house and asked for my name and to see my dogs because they had a report of a kid having been bitten five days earlier while riding a bike. I told her she had the wrong residence. She Continued to demand to look at my dogs and for me to tell her my name.

I still refused and then she called police from the Las Vegas Metropolitan Police Department. When officers from the LVMPD arrived they tried to further intimidate me in to giving them my identity. They continued with their efforts until I cited the requirements for a legal detention (and by extension an obligation to identify oneself in Nevada) under Terry vs. Ohio.

– Carter

Man Protesting Police Kidnapping and Mental Torture Schools Cop on Rights and Filming in Public

The video included with this post was shared with the CopBlock Network by Kevin Bradley, via the CopBlock.org Submissions Page. If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

In this video post, Kevin starts out conducting a protest against having been kidnapped and mentally tortured by the Pennsylvania State Police previously. Of course, the Pennsylvania State Police refer to it as “arresting” someone. However, within the video Kevin explains that essentially he was arrested for filming the police, otherwise known as “Contempt of Cop.”

When someone is forcibly restrained and then held against their will because someone didn’t like being legally filmed and they concocted an excuse to do so, that’s a kidnapping. It shouldn’t matter that this “someone” is employed by the State and issued a fancy costume and shiny badge to wear. Nor should the fact that they use a different, fancier term to describe their illegal actions change the reality of what they did.

At any rate, shortly after the video begins an unidentified Montoursville police officer drives up and asks Kevin to speak to him. He then states that he’s gotten several complaints about Kevin’s little protest, but that what he is doing is legal. He further explains that he has to investigate because the dispatcher sent him out and as a result he “needs to file a report.”

While this officer is generally polite and non-threatening, in the process of his “investigation” he makes several blatantly false claims about the law in relation to Kevin’s obligation to provide ID and ability to film people in public.

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To Kevin’s credit, he demonstrates he is very knowledgeable about the laws in relation to filming the police and the requirement for a legal detention, which would actually necessitate him providing his identity. Kevin quickly and accurately corrects the officer when he claims that he has to notify him before filming in public and has to provide his ID anytime a policeman is “conducting an investigation,” whether he has sufficient cause to detain him on suspicion of having committed (or being about to commit) a crime.

One interesting aspect of this video is the way the cop keeps pointing out how “fair” he is being to Kevin in an fairly obvious attempt to use that to convince him to comply with his erroneous requests. It’s basically that “I’m a Good Cop because I’m only harassing you and telling you that you can’t do stuff you are legally allowed to do and not beating or murdering you” logic. Once again, to Kevin’s credit he stands pretty firm and doesn’t take that bait.

In the end, the unnamed officer goes on about his way and Kevin resumes his protest against the Pennsylvania State Police.

Date of Incident: September 19, 2016
Department Involved: Montoursville (PA) Police Dept.
Department Website: MontourPD.org
Citizen Complaints: Complaint Form
FaceBook Page: Montoursville PD on FaceBook
Department Phone No.: (570) 368-2488
Department Fax No.: (570) 368-8473

I made a protest sign that said, I was kidnapped and mentally tortured by the Pennsylvania State Police after previously having been arrested. I then walked around for about 40 minutes with the sign. At that point, I was contacted by this officer in the video. I totally forgot to ask him for his name and badge number, sorry.

You have totally inspired me to fight for my rights. I am ashamed so many Americans don’t even know what rights they have. We live in a Police State.

– Kevin Bradley