Tag Archives: reasonable suspicion

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

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Houston Cop Claims to be “Three Percenter” While Illegally Detaining Man Open Carrying Rifle

Open Carry Houston Police Illegal Detention

A Houston Police Officer claims to be a “Three Percenter” while in the process of harassing and illegally detaining a man for open carrying a rifle.

The following video was shared with Nevada Cop Block anonymously, via the NVCopBlock.org Submissions Page. The video consists of a video uploaded to youtube by Open Carry Texas, which as the name implies is a group that advocates for citizens rights to open carry firearms based in Texas. The incident depicted within the video took place in February of 2015, according to the description posted with it on Youtube.

In the video, a man walking down the street is approached by a Houston police officer in a vehicle. After asking and being told that he is not being detained, he continues walking without stopping. That officer then pulls his car back in front of him to block his path and steps out brandishing an AR-15 of his own.

Even while claiming to be a “Three Percenter” (a group that believes strongly in resisting Constitutional abuses by the government), the officer threatens to “escalate this another way” while holding the rifle and, when told by the man that he does not consent to questions, refers to his answer as “Constitutional crap.” He then proceeds to demand ID from the man in order to make sure he isn’t a felon and that he is legally allowed to openly carry a weapon on “his streets.”

Once the man states that he doesn’t have ID on him and is still unwilling to wave his right to remain silent, he is illegally detained,has his weapon taken from him, and is forced to sit handcuffed in the back of the cop’s car while he calls a district attorney to get advise on what he should do. During the 15 -20 minutes that transpires in the car, the officer clearly shows that he has no understanding of the Constitution or the laws he is supposed to be upholding.

Obviously, that begins with the idea that someone has to arbitrarily prove that they aren’t a felon in order to legally carry a weapon by providing their ID to police. (The excuse that he had scared citizens calling him is irrelevant. The fact that other citizens don’t understand the law doesn’t give police the right to illegally detain and harass people acting in a lawful manner.) He even readily admits to the dispatcher that the man has committed no crime. At one point, he even states that he had no reasonable suspicion to even detain, let alone arrest the man.

Eventually, the man is released since he hasn’t actually done anything illegal, but not before he has been illegally detained and harassed for at least 25 minutes while handcuffed in the back of a hot police car. In the process, the cop’s claims to be “on your side” and a “Three Percenter” were exposed as either incredibly lazy lies or equally ridiculous delusions.

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 and publish it on Nevada Cop Block.

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Alberta Canada Checkpoint (Check Stop) Refusal and Assertion of Rights

The following video post was shared with the CopBlock Network anonymously by a reader, using the (very creative) pseudonym “Sub Mitter.” It was sent in to us via the CopBlock.org Submissions Page.

Although there was no description included with the video, it is pretty self explanatory. In the video, a man driving through a checkpoint (they’re called “check stops” in Canada) in Medicine Hat, Alberta, Canada, where he is asked if he has been drinking and also to provide a driver’s license. He informs the officer conducting the stop that he won’t answer any questions. At that point the officer tells him to drive to a secondary inspection area.

The driver responds by asking if he is being detained. The officer says that he is and quotes a law that says he is authorized to determine if drivers have been drinking and also if they have a valid driver’s license. There’s then some back and forth about whether the police need to have a suspicion that a driver is drunk before they are compelled to submit to further investigation regarding that. Next, the driver asks if he is required to show a driver’s license without a requirement for suspicion. The officer replies that he is and the man then shows him his driver’s license.

Shortly after, and still without having answered the question about whether he had been drinking, the driver is released and continues on his way.

Date of Checkpoint: November 26th, 2016
Department Involved: Medicine Hat (Alberta, Canada) Police Service
Professional Standards Supervisor: (403) 502-8917
Department Facebook Page: Medicine Hat Police Service
Department Twitter Profile: @medhatpolice
Department Instagram Account: Medicine Hat Police Service

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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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Michigan Police Harass Black Man Claiming He “Fit the Description” of a White Man

The following post and accompanying video were shared with the CopBlock Network by a reader named Brian (no last name provided), via the CopBlock.org Submissions Page.

Along with the video, Brian stated:

“They harassed me, because I, ‘fit the description’ of a black male in black clothes. The real description was of a white male.”

Date of Incident: August 23, 2013
Department Involved: Canton (MI) Police Department
Department Phone Number: (734) 394-5400
Department Email: Email Canton Police Department
Facebook Page: Canton Police Department on FB
Twitter Account: @CantonPSD

In a description included on the video, Brian explains that he was heading from his house to the gym when he noticed that he was being surrounded by police cars, including an undercover vehicle. Soon after a uniformed officer and undercover officer in plain clothes (who refused to identify himself) approached and began demanding ID from Brian.

Brian further states that he told them that he was not required to give them ID unless they had reasonable suspicion of him having committed a crime to detain. They then responded by telling him that he “fit the description” of someone that had been reported as exposing himself to women in the area. According to the officers, that description was “a black 20 year old male wearing black shorts, a black shirt, and a medalion.”

However, Brian indicates that he later found an official report from the Canton Police Department, which included the description of the person(s) suspected of exposing themselves. That description actually included two people, both of whom are white and significantly different in appearance to Brian’s physical characteristics.

Within that description and also numerous times on the video footage itself, Brian also states that when he refused to provide his ID and instead asked to speak to a supervisor, the original two officers acted aggressively toward him and appeared ready to assault him. He equates the fact that did not happen to his having began filming them shortly after.

It’s certainly not impossible that a third person who was black had been reported exposing himself that day. However, it’s also not an uncommon tactic for the police to claim someone fits the description of a suspect they are looking for to justify stopping someone they have decided they want to harass. In fact, cops have even been caught using fake 911 calls to manufacture a reason to perform illegal searches.

In this particular instance, the cops never bring the alleged victim over to visually identify Brian (which is often done from within a police vehicle to ensure anonymity), nor is any other type of evidence produced to substantiate their claims of suspicion. Instead, the dozen or so cops that have shown up to harass Brian simply leave once the supervisor has (finally) shown up and spoken to him.

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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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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