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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With People Like This On Your Side…Houston Cop Claims to be “Three Percenter” While Illegally Detaining Man Open Carrying Rifle

The following video was shared with the CopBlock Network anonymously, via the CopBlock.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. You can find some advice on how to get your submission published on the CopBlock Network within this post.

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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

Click the banner to submit content to CopBlock.org

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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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