Tag Archives: stop and identify

Man Legally Filming in Public Harassed, Illegally Detained, and Arrested (Multiple Times) by Las Vegas Police

Filming in Public Las Vegas Metro Harassment

Video shows a man, who is legally filming in a public space, being repeatedly harassed, illegally detained, and unlawfully arrested multiple times by police officers from the LVMPD.

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.

The video embedded below, which was posted to YouTube by Las Vegas attorney Stephen Stubbs, pretty much speaks for itself. (Especially with the text that has been added to it.) Within the video, consisting of a series of different encounters over a course of several days in late October (2017), a Las Vegas man is out filming public areas at or near various police substations. Each time, he is stopped by members of the Las Vegas Metropolitan Police Department, illegally detained, harassed, and on at least two occasions unlawfully arrested.

In spite of what the police say in the video, the Nevada “Duty to Identify” statute (NRS 171.123) only requires a person that has been legally detained to give their first and last names. They are not required to give any other information, such as an address or birth date. Not to mention the fact that the man in the video was never actually legally detained in the first place.

Police parking lots are public property and are open to the general public. The “no trespassing” signs that are referenced in the video only apply to a restricted area behind the building that is gated off. Filming areas that are visible from public spaces is absolutely legal and has been ruled to be a First Amendment protected activity by several courts, including the U.S. Supreme Court.

Watching the video, it’s incredibly obvious that the stated “Reasonable Suspicion” the officers are using to justify their detention of the man are nothing but very flimsy excuses to harass him. As already stated, he isn’t trespassing and filming in public is legal so there was no legal cause to stop him for being in the parking lot. Also, even if “aggressively approaching” their car is even an actual cause to detain someone, that clearly didn’t happen on the video.

Regardless of the fact that he wasn’t legally detained during any of those instances, the man on the video still complies under duress and tells them his name. Therefore, they absolutely have no reason to subsequently arrest him for not telling them his birth date (which he actually does tell them before the final arrest) or any other information beyond his legal name.

The reality, widely known among Las Vegas residents, that this video illustrates is that the LVMPD are just a bunch of bullies who will not hesitate to harass and retaliate against anyone that doesn’t follow their orders, even when those orders are flagrantly unlawful. And contrary to their statements on the video, they quite obviously have not learned much of anything from their past behavior.

Also, while it should be surprising that supervising officers ranking as high as lieutenant are not just involved in the harassment and illegal actions depicted in this video, but actually initiating it, it isn’t for anyone that knows how Las Vegas area police operate. Metro is corrupt and out of control from top to bottom.

And as is commonly the case whenever the LVMPD are in the process of harassing and/or arresting someone on some minor (or non-existent) crime, the dozen or so cops that show up at the end are a great display of how desperately short-handed the Las Vegas Metropolitan Police Department is these days.

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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:

  1. Video – Detained by Nevada Police for “Suspiciously” Sitting in a Car
  2. Body Cam Video: Alabama Mother Unlawfully Arrested After Saying “Fuck The Police”
  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
  7. How to File a Freedom Of Information Act (FOIA) Request
  8. “Let Me See Your I.D.” Stop and Identify Statutes – Know Your Rights
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  10. Fear and Loathing in Las Vegas: The LVMPD’s Killer Reputation
  11. A Video Compilation of Las Vegas Area Police Brutality
  12. Donate to the Cause – Help Us Help You Fight The Power
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TX Police Illegally Detain Man, Demand ID, And Threaten Arrest For Filming in Public

The following post was shared with the CopBlock Network by Patrick Roth of CopBlock Oklahoma, via the CopBlock.org Submissions Page. (See “related posts” section below for previous submissions from Patrick.)

In this video, Patrick was filming in public when he was accosted by, Sergeant Graham, a very rude and unprofessional officer from the Seagoville Police Department in Texas. As the video begins, Sgt. Graham is in the process of demanding ID from Patrick and threatening to arrest him if he doesn’t because, according to Graham, Patrick is being “suspicious.”

After Patrick tells him that isn’t a legal reason to arrest him, Graham responds by angrily yelling for him not to tell him what the law is. Even though Patrick is in fact right, he chooses to provide his ID instead of risking arrest. (Personally, I wouldn’t have, but everybody has to decide for themselves how they handle threats from angry, armed strangers who belong to a group that has been known to kidnap or even commit violent acts against innocent people.)

Date of Incident: December 30, 2016
Name of Officer Involved: Sgt. Graham
Department Involved: Seagoville (TX) Police Department
Department Facebook Page: Seagoville Police Dept.
Department Email:
Contact Us – Raymond Calverley, Chief of Police
Department Phone No.:
(972) 287-2999

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.

Click the banner to submit content to CopBlock.org

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I was doing some public filming and I was detained and harassed illegally by two tyrants. They wanted to ID me, but this is not a stop and identify state. The officer was very hostile and unprofessional.

– Patrick Roth
Copblock Oklahoma

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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.

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

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“Let Me See Your I.D.” Stop and Identify Statutes – Know Your Rights

Stop and ID Statutes Map States Nevada Cop Block

Everyone should know their rights regardless, but it’s even more essential that you do if you intend to go out and film the police. Therefore, you should know if the state you live in has passed “stop and identify” statutes. If that is the case, then you should also know what is and isn’t required under such laws.

In 24 states police may require you to identify yourself. (If they have reasonable suspicion that you’re involved in criminal activity.)

“Stop and identify” statutes are laws in the United States that allow police to detain persons and request such persons to identify themselves, and arrest them if they do not.

Except when driving, the requirement to identify oneself does not require a person who has been detained to provide physical identification. Verbally giving identifying information is sufficient to satisfy that requirement.

In the United States, interactions between police and citizens fall into three general categories: consensual (“contact” or “conversation”), detention (often called a Terry stop), or arrest. “Stop and identify” laws pertain to detentions.

Consensual

At any time, police may approach a person and ask questions. However, the person approached is not required to identify himself or answer any other questions, and may leave at any time.

Police are not usually required to tell a person that he is free to decline to answer questions and go about his business. A person can usually determine whether or not the interaction is consensual by asking, “Am I free to go?”

Detention

Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Embedded below are videos from Flex Your Rights describing what reasonable suspicion is and when you are required to provide ID to the police. Police may question a person detained in a Terry stop, but in general, the detainee is not required to answer.[10] However, many states have “stop and identify” laws that explicitly require a person detained under the conditions of Terry to identify himself to police, and in some cases, provide additional information. (As of February 2011, the Supreme Court has not addressed the validity of requirements that a detainee provide information other than his name.)

Arrest

A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest. But it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, his or her belongings.

Variations in “stop and identify” laws

  • Five states’ laws (Arizona, Indiana, Louisiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information.
  • Fourteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
  • In Montana, police “may request” identifying information;
  • In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information;
  • In Colorado, police “may require” identifying information of a person.
  • Identifying information varies, but typically includes
  • Name, address, and an explanation of the person’s actions;
  • In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado).
  • Arizona’s law, apparently written specifically to codify the holding in Hiibel, requires a person’s “true full name”.
  • Nevada’s law, which requires a person to “identify himself or herself”, apparently requires only that the person state his or her name.
  • In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
  • Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.
  • Virginia makes it a non-jailable misdemeanor to refuse to identify oneself to a conservator of the peace when one is at the scene of a breach of the peace witnessed by that conservator.

What is Reasonable Suspicion?

When Are You Required to Provide ID to the Police?

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