Tag Archives: Resisting and Delaying

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

Related Content on NVCopBlock.org:

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  3. Submit Your Own Story of Police Abuse/Corruption
  4. Help Wanted! How You Can Become Involved With NVCopBlock
  5. #FTP – How and Why You Should Always Film The Police
  6. Press Passes for Independent Media and Freelance Journalists
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  11. A Video Compilation of Las Vegas Area Police Brutality
  12. Donate to the Cause – Help Us Help You Fight The Power

Oceanside Police Officers Beat Girl, Charge Her With Assaulting Them

The following post and video was received from Maribel Diego, via the CopBlock.org submission page. Along with her submission, she states:

I suffer from PTSD from this incident and have taken different types of medication, but recently stopped taking them because they where making me even more anxious and depressed. We, the group of the Cop Block Network, should be the voice for everyone who’s been killed by policemen, we are one, we are all equal. One love, one step at a time, we can make change.

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Date of Incident: December 28,2014
Officers Involved: Timothy Ricci, Craig Marcial, Michael Kos and eight unidentified officers
Department Involved: Oceanside Police Department in California
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Cops nowadays honestly think they can do whatever they please, not until one December night did I know I would be a victim of police brutality. Late December, the night started with one of my friends Rey Carreno (who had been deployed, but was in town for Christmas ) picking me and my brother up to go out for a night of fun. We went to my cousins party and by the end of the night people got out of hand, so we decided to leave.

I don’t exactly know what these guys wanted but they had been rowdy for a while and from the looks of it they just wanted trouble. They hit my brother in the face with a vodka bottle and I lost it. I never thought I’d have to watch my brother fall to the ground defenseless and helpless I cried and cried until I threatened the guys I would call the cops. Of course, I didn’t get around to it, because I was putting my brother in the car when, out of nowhere, cops came to the scene.

I was being cooperative and told them exactly everything I had witnessed. They told me sit tight. By the time I looked over, they had thrown my friend on the ground. So I made a statement. I told them “you can’t fucking do that shit, WOW!” Not only did they yell at me “GET DOWN TOO,” but they ran up on me and slammed me on my back and began yelling “STOP RESISTING,” even though I was clearly slammed on my back. When out of nowhere, I felt multiple cops on top of me, one punch after another. “GEt THE FUCK OFF ME I’M A GIRL YOU PUSSY BITCHES” is what you heard me yelling while I was on the ground not knowing what to do helpless. I started crying even louder than before.

When they finally stopped punching me, they put me on my stomach and said, “your being arrested for resisting arrest.” I got to talk to one of the supervisors and told them he didn’t even tell me what I was being arrested for and that I had broken no law. He asked one of the three officers who attacked me what had escalated this. All Mr. Rookie Officer said is “She didn’t listen to me and wasn’t completely down.”

While the paramedics came to check on me, even though they should’ve came from the start, they didn’t even check my brother. He had a fractured eye and we only know this because his eye stayed black for months. It is still sort of darker than the other. Anyways, when the paramedics came they told officers they had to take me to the hospital to check my ribs weren’t broken, because I kept saying I can’t breathe. I was having an anxiety attack and I couldn’t do anything to help myself.

Once we got to the hospital, I started speaking my mind and told the cops what was going on in your head while your hitting me over and over again. The cops wouldn’t even look at me all they would say, “we are just doing our jobs.” Time passed and the hospital said I could leave.

banner copblock redditAfter all the commotion and tears, I was brought to vista detention facility, where I would be wrongfully detained for “Assaulting AN OFFICER.” I was stripped down and violated. I never want anyone to experience what I’ve been through, because its such a heartbreaking moment when you can’t help yourself in any way possible. Finally, after four days, I was released.

I had multiple court dates. At my first readiness hearing, one of the cops from that night saw me and gave me the biggest grin and said why you got that look on your face. He began to giggle and I responded “you have some nerve.” That day my public defender told me they didn’t have to read me my rights. I was shocked. I couldn’t believe this was happening to me. Not only did they not read me my rights, but the Miranda Law says you must be informed by a peace officer that you are being detained and what for.

My second court date was a motion hearing for the cops background. At this point, I had no idea what was gonna happen to them or me. My public defender said they had no prior history of police misconduct, therefore I would have another readiness hearing. Somehow, Mr. EdMen Chavez was no longer my public defender. At the next readiness, hearing I met Mr. Adam Hepburne. He told me the same bullshit; no officer actually needs to read you your rights. I wouldn’t and I couldn’t understand why. At one point, my voice got loud and he told me okay, okay calm down. That’s when I knew he didn’t actually care that I was abused by the cops.

During the second readiness hearing, he told me I would have to go to trial because I wasn’t taking their deal, even though I kept asking for the dashcam videos. I wasn’t going to admit to anything I never did, their deal was resisting and delay of investigation. So, basically they dropped the assaulting an officer charge. Why? Because they knew I didn’t do anything, but courts are supposed to convict people. So they kept on keeping on with their deals. The day of the trial they gave me a new deal “disturbing the peace.” I cried my eyes out. I couldn’t believe the prosecutor and public defender really wanted to convict me for anything and they didn’t care what they had to do. I kept arguing the dashcam videos will show you guys what really happened.

When it was time for the policemen to get cross examined, I broke down. I thought I was being set up once again. They began talking about distraction blows and how they had to do this over and over again because I was just so “strong.” Officer Timothy Ricci actually stated he thought I knew karate. I couldn’t believe they were lying about everything to make themselves look good. The second cop came up and stated that he checked around the neighborhood for the guys who hit my brother, when in reality he never left the scene from the moment they got there. They kept trying to make themselves look like they actually wanted to help the situation.

Not only did they not release the dashcam videos they also “forgot” to turn on their mic. They didn’t allow me to show the jurors my personal video of that night. My friend began to record the first boy being thrown down, that’s obstruction of justice, they messed with the evidence and made the whole trial unfair. When I got crossed examined they barely asked me any questions and kept saying objection your honor lacks of foundation. Everything I was attempting to answer they wouldn’t let me say it. They weren’t letting me speak, they didn’t want the jurors to know what I felt or what I had experienced.

SupportCopblock Square BannerThen the public defender and prosecutor started their argument. The prosecutor (I forget his name) insisted that I had committed a crime way before any cop even touched me, even though he never actually stated the law that was broken. After I got cross examined, I knew in my gut I was going to get fucked over. Not only had the cops manipulated the story, but while the judge read the juror instructions he repeated everything I never did; Maribel delayed the officers from checking on her brother; Maribel assaulted one of the officers; blah, blah, etc… I couldn’t believe they where doing this to me in front of my face.

The trial took over five days. They finally got a verdict and found me guilty on all three counts; assaulting an officer, delaying an investigation, and resisting arrest. I couldn’t believe it, I cried and cried. This was not justice. I had a court hearing coming up and talked to a probation officer. I explained to her that I’ve been working since the age of 18 and I didn’t feel as if I broke any law. I told her that the cops need to stop beating people. All she said is its been happening and since you lost trial you have to suffer consequences. I cried. She said it might be just summary probation, but the judge can ask for custody. I was surprised. They where basically telling me I might go to jail, after all. Seven months of going back and forth to court for me getting mistreated by cops.

The day of my court, the judge asked if I learned my lesson. My public defender had already told me before I entered the room I would most likely be taking 20 anger management classes, because the probation report came back good, but that there was a chance that the judge may still ask for custody. When the judge began to talk, he said I had credit for eight days of jail, when I only served four, but I wasn’t going to argue with that. They waived my fines and only sentenced me to three years informal probation – NON 4th waiver – which means i still have my 4th amendment right and can never be checked without probable cause. I can’t own a firearm for ten years.

I thought to myself this is the justice system of the United States of America, when they know for a fact I didn’t do anything, but can still label me a criminal. It’s sad in so many ways I can’t even explain. America needs to wake up and see that cops are also people who break the law.

– Maribel Diego

Charged With “Resisting And Delaying” For Refusing Illegal Search; Refusing to Identify

The following post was shared with the CopBlock Network by “DM,” via the CopBlock.org Submissions Page.

Two nights ago, I was in my home eating dinner by myself. Someone knocked on the door, but I didn’t answer. The doorbell rang; I still didn’t answer. There was pounding on my front window, so I got up to see who it was. I saw a San Bernardino Deputy. I had dogs going crazy, so I stepped on my porch. He asked me if I know some dude I have never heard of and I explained that I have owned the home for thirteen years and that name has never come up at my address. He again asked if it’s possible that he is in my home and I told him it wasn’t.

I then stated I thought he was there because of my daughter, who gets into trouble and that deputies have been to my home dozens of times for. He said he knows my daughter. He then asked me if I had any identification on me and I said no. He then asked me my name and this is where the trouble for me started. I asked him why he would need my name when I already told him I don’t know who he is looking for. I then asked him if I was legally required to identify myself on my own property and he said yes. I asked which law states this and he said he had a warrant for a person’s arrest and that he was conducting an investigation. I explained that I am the homeowner and if he needed to know who I am then he could run a records search on my address or my vehicles, but that I was not going to provide him my name.

Banner Finally HereI asked if I was being detained or free to go and that’s when he told me to turn around, then he handcuffed me. I didn’t like this. He said if we were going to play games, we would play by his rules. I told him not to put me into the car and that I would give my name at this point, because I didn’t want to be put into the car. He not only put me into the car, he twisted the cuffs to make it more uncomfortable. He got in the front seat as I was arguing with him that he was violating my civil rights. He then told me he was now going to search my home. I did not give him permission.

He left the car. I could not see my home from the car. After twenty minutes, he came back and read me some garbage about how helping a fugitive is a felony and I told him to just take me to jail. Oh, I forgot, I had asked for a Sgt. to be present when he went to handcuff me, and he showed up with four other deputies. Arguments about going into my home were abundant. The deputy decided to charge me with resisting and delaying. The Sgt. was equally as useless. I am not saying I was Mr. Perfect, but I don’t know a law on the books that says one can charge me for being firm in my beliefs and rights. The deputy thinks otherwise. Now I need to go to court to defend myself against a $1000 fine and a year in jail. Any advice?