Note: The description(s) and video included within this post was shared with Nevada Cop Block by Joshua Martinez 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.
The video embedded below was recorded by Las Vegas resident Joshua Martinez while he was out copwatching, as he often does. The video itself is actually pretty straightforward and doesn’t require a lot of explanation. Apparently, according to Joshua’s description on YouTube, just prior to the beginning of the video a passenger in the car was shot by someone. The driver had then stopped to call for help for the injured passenger.
In the video, the LVMPD officers who had responded to that request for help tell two young men that they are not being detained, but also tell them that they cannot leave (which means they are, in fact, being detained). Contrary to those claims, it’s either one or the other. If you’re not being detained, then you are free to go. Obviously, it’s a bit of speculation on my part, but it would seem that if the officers had a reason to legally detain them they would have done so. (Being a witness is not grounds for detainment by the police.)
They then lie to their family, who arrive shortly after, stating that they had voluntarily agreed to stay. The detainees contradict that lie by confirming that they, in fact, do want to leave and hadn’t agreed to stay. The cops once again try to lie and tell the family that the young men have to talk to some detectives that are en route to the location. In spite of what they tried to say initially, the Fifth Amendment pretty clearly affirms everyone’s right to remain silent, even if they’ve been detained and/or arrested. Your only obligation (in Nevada) is to provide your full legal name. And that only applies if you’ve actually been legally detained.
Of course, most people won’t be shocked by the revelation that cops lie. Nor is it unusual for them to try and use the general public’s lack of knowledge about the law to get people to inadvertently waive their rights and potentially incriminate themselves. As a matter of fact, they’re trained to do so in the police academy. That’s why it’s important that you know those laws and your rights. And, obviously, it’s also important to be out there filming, both for yourself and others, to avoid such entrapments and protect innocent people.
Illegal Detention by the LVMPD
Date of Incident: April 2020
Department Involved: Las Vegas Metropolitan Police Department
LVMPD Phone No.: (702) 828-3111
Video (Recorded by Joshua Martinez)
Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
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