Tag Archives: obligation to identify oneself

LVMPD Police Illegally Detain Then Falsely Arrest Las Vegas Man For Not Telling Them His Birthdate

LVMPD Illegal Detention False Arrest Las Vegas Federal Courthouse

Note: This post was shared with Nevada Cop Block via reader submission. If you have videos, stories, 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.

Update: I’ve been told that the name of the officer who is wearing the body camera is Officer J. Deel. Also, the officer who orders that Mr. Martinez be (falsely) arrested is named Officer Jenkins. A third officer, who appears on camera at the end while he is being placed in the car, is named Officer Hernandez. (Other officers, who currently have not been identified, were also present.)

In the body camera footage (which was recorded by Officer J. Deel) embedded below, police officers from the LVMPD​ illegally detain then falsely arrest Joshua Martinez outside of the Lloyd D. George Federal Courthouse in Las Vegas​. Initially they approach and ask him for his birthdate, claiming that he is required to identify himself because they “are assisting the federal marshals within the courthouse.” Their only explanation for why he is supposedly required to identify himself to them is because when he tried to enter the courthouse the marshals asked him for ID, which he did not give them.

However, in order for someone to have to identify themselves to the police, they need to be legally detained first. In order to be legally detained, the police must have a reasonable suspicion that that person has committed a crime, is currently committing a crime, or is about to commit a crime. Even if there is a requirement to show ID in order to enter a building (I’ve personally been to the courthouse many times and can’t recall having ever been required to do so), not having that ID or opting against showing it to them is not a crime. It simply means they won’t allow you inside. So that does not satisfy the requirement for reasonable suspicion of a crime.

In the meantime, during the video, they readily admit several times that they are not accusing him of having committed a crime. In addition, they admit that he is on public property and confirm that he has not been trespassed from the property by the federal marshals. Contrary to what they claim while demanding the information that Martinez is under no legal obligation to provide, they are by their own admission not investigating him for having committed a crime.

Since they in fact never legally detained him, he is not under any obligation to identify himself to them. They also never ordered him to leave the courthouse property. So, he’s not disobeying any lawful orders. Therefore their charge of obstruction and the resulting arrest is false and illegal. Cops lie a lot and try to trick you into giving up your rights, but they also often don’t know the laws they are enforcing. This actually looks like the latter case.

See the original (raw) body cam video here at Joshua Martinez’ YouTube channel: https://youtu.be/riA0TcO7QnE

Man “Open Carrying” a Cat Harassed Then Illegally Arrested by Police in Mena, Arkansas

The following post and accompanying video were shared with the CopBlock Network by Bart Perry, via the CopBlock.org Submissions Page.

Bart is the father of the person that recorded the video, whose name is Timothy Perry. The video is fairly short and not of very good quality having been taken with a cellphone by a man being threatened and subsequently kidnapped by armed strangers on what appears to be a deserted road.

However, in spite of its brevity and lack of technical perfection (or anything close to that) it shows pretty clearly that Bart’s son Timothy was stopped without legal justification and then arrested on the typical, made up “contempt of cop” charge of obstruction. During the video, Officers Mike Wolf and Paul Larson give some very bad excuses for their initial harassment of Timothy.

The fact that Officer Larson sees someone walking on the side of a road does not necessitate a “welfare check.” Even if he chooses to take it upon himself to do so, the simple act of walking in public does not constitute reasonable suspicion to legally detain someone, even if they start filming you once you turn around. Nor does Officer Wolf’s assertion that Timothy “disappeared on this officer.” None of those things are actually illegal acts.

Obviously, Officer Wolf is also incredibly wrong about what the U.S. Supreme Court has ruled in regards to “stop and identify” statutes. In order for someone to be compelled to identify themselves, they must be legally detained. Since that is clearly not the case in this video, that requirement does not apply.

Timothy also is not legally obstructing them, since they have no legal authority to investigate him for the “offense” of walking down the street with a cat in his hands. Even in the Police State of America, it’s not yet illegal to simply walk around (openly) carrying a cat.

(Note: No information was included about the status of the [unidentified] cat. I certainly hope that s/he made it back home safely and was not also harmed and/or kidnapped by Mena Arkansas Police Officers Mike Wolf and Paul Larson. If I do receive such information, I will update the post.) – Update: I’ve been informed that the cat has returned and is safe. I’ve also been told that the charges in this case have been dropped.

Date of Incident: January 15, 2017
Officers Involved: Officer Mike Wolf and Officer Paul Larson – badge numbers 506 and 513
Department Involved: Mena (AR) Police Department
Department Facebook Page: Mena Police Dept.
Department Phone Number: (479) 394-1212

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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On January 15th 2017, my son, Timothy Perry, who is 25 years old, went outside to catch his cat that had gotten out the door a few minutes earlier. Timothy was right down the road with his cat in his arms when the cops (two of them) stopped him and started asking him questions.

The state of Arkansas has a “stop and identify” law that requires you to give your name IF you are suspected of a crime. “If they have reasonable suspicion that you’re involved in criminal activity.” I don’t think catching your cat, looks like criminal activity. (at least not in my opinion…)

My son, knowing he had done nothing wrong, and was not committing ANY criminal act refused to give them his name. I think this made the officer angry, because he decided to throw my son on the hood of his car, VERY hard…(excessive force?) Oh, yea, he had his cat in his arms at the time.

Then, to top it off, he read him his Miranda rights as, “you have the right to remain silent, I suggest you do it.” Is this the same Miranda rights I was brought up knowing…or a shorter version they use when you make them mad? But the officer tells my son at first that he has no idea what age he is…my son looks more then 25 at the least.

Police departments all over the USA are having trouble with police officers right now, and now I know why. The excessive use of force, the stopping of citizens just walking down the road to get their cat, and Miranda rights given to you illegally…not the police force I want protecting me…right?

I think the police in Mena Arkansas need to be corrected for this, as it’s just not right. I personally think he needs to sue them. Anybody know of any good attorneys that will work pro bono? This shit has GOT to stop…Nazi cops are everywhere.

– Bart Perry

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