Okay, at this point I can arrest you for disorderly conduct, I can arrest you for trespassing. >> Well, I'm not being disorderly. I will I will gladly leave this this area. I'm not being >> time to leave. I'd like to exercise my fifth amendment right to remain silent, if that's okay. And why would you want to make me insecure in my person and violate my fourth amendment right? In this encounter, a man is approached by a police officer after a complaint from a property manager at a fairground. The officer attempts to identify him despite stating that no laws have been broken. Under the fourth amendment, an officer must generally have reasonable articulable suspicion of a crime to detain someone and compel identification. What begins as a voluntary interaction quickly shifts into a dispute over whether the officer has lawful authority to demand ID or enforce removal from the property. As the situation unfolds, the encounter becomes a direct conflict between individual rights and asserted police authority. Hello. Good officer. Are you Brandon? >> Yes, sir. Do you have any ID on you? Uh I I do actually, yeah. Can I see that, please? But my name is Brandon Hopkins and the reason why we're having this conversation is literally just because I came up and Well, look look. Can Can I see your ID? I'd rather not give you my ID. I haven't broken any laws. I'm not saying you broke any laws, I just want to identify you. Yeah, I mean I have I'm telling you I'm Brandon. My name is Brandon. Okay. And I haven't broken any laws, so therefore I wouldn't want to give you my ID, if that's okay. The full text under the fourth amendment, a person is not required to provide identification during a consensual encounter unless there is reasonable suspicion of a crime or a specific state law requiring it under lawful detention. I'm just confused as to why you're I'm not I'm I'm not I wasn't disorderly. She's the one who was being disorderly. I literally came up to have a have a conversation. I was talking to him for 2 minutes. Lakeshore. She slammed the door, came over here, She said that she was calling you guys, so I didn't believe her. What's your What's your middle name, Brandon? My my name My middle name is Allen, but I'm not going to give you any more information, so I'm not going to give you my name. She called you and told you who I was. What's your date of birth? I'm not I'm I'm not going to give you any more information. Okay, I'd like to I'd like to know uh I'm not giving you any That's okay. Why won't you give me your date of birth? Why would I give you my date of birth? I don't have I think it's I need I need documents you're in violation of my rights. It is not a violation I'm not breaking any laws. I'm not saying you broke any laws. I'm asking you to give me Therefore, I'd like to be secure in my house first. I'd like to be secure in my house first. Are you refusing to identify yourself? At this point, the officer acknowledges no crime has occurred while still requesting identification. This creates a legal contradiction as identification demands are typically tied to lawful detention. So, they have asked you to leave, okay? If you refuse to leave, then you are trespassing. They would have to trespass me. I would have to be given an opportunity to leave. That's how trespass laws work. So, if you want What is his status? Can you start another unit? You want to You want to ask him if I'm doing trespass? She already said she wants you to leave. Well, no, she wanted me to leave. She said she didn't tell me to leave the Did you leave this place? She just wanted me to leave the office. You want him gone, right? Is that not correct? Trespass enforcement generally requires a clear notice to leave the property and a refusal to comply. Ambiguity about whether the individual was actually trespass can affect the legality of enforcement. So, here's the deal. Take him out. If you want him gone, all right, we would have to formally trespass him. Is that what we want to do? Up up you, Brandon. You have a choice. I have a choice about what? You're telling me >> can leave peacefully or we can arrest you for trespassing. What do you want to do? >> sir. She can ask me if if I'm trespassing, then I will I will >> You can leave peacefully or we can arrest you for trespassing. What do you want to do? >> They have to trespass me, though. They Yes, they do. And they can >> So, am I being trespassed? If you don't walk away >> No, that's not how it works. You have to trespass me, then I have to be given an opportunity to leave. You keep me here and friends to yourself. Well, could you you you also Uh isn't that correct, officer? I have to be trespassed, and then I have to be given an opportunity to leave. >> being told to leave. >> By law. The individual is asserting a correct general principle. Trespass typically requires notice and an opportunity to leave before arrest can be justified. Okay. At this point, I can arrest you for disorderly conduct. I can arrest you for trespassing. Well, I'm not being disorderly. I I will gladly leave this this area. >> Yeah, it's time to leave. Let's go. Okay. All right. Leave the fairgrounds. Could I get your name and your badge number, please? >> My name is Officer Wiss, W Y S S. My badge number is 109. Okay. Thank you. Thank you for for your professionalism, sir. Well, you guys have a good day. >> the same for you. Well, I I don't think that I've been not professional. I disagree. Well, why would you say that? Because you're instigating. I'm not instigating anything. >> are. Now, it's time to leave. Let's go. >> Yeah, I said I was going to leave. Then let's go. Let's Once the individual agrees to leave, continued escalation or additional demands may raise questions about whether the encounter remains lawful or becomes an extended detention. I'd like to exercise my Fifth Amendment right to remain silent, if that's okay. You're not being charged with a crime. Huh? You're not being charged with a crime. Well, exactly. So, why would you want to make me insecure in my house, this paper, property, effects, and things? Why would you want to make me insecure in my persons and violate my Fourth Amendment right? I'm leaving this place. That's what you told me to do, right? Hang on, just a second. Can you advise if you signal 30? Sorry, I got a lot of background. Didn't hear that. All right. I'm I'm curious in why you're further harassing me. Well, because I needed to determine whether or not you were who I thought you were. Because there is an individual with your name who was involved with I believe it was St. Joe Police. Mhm. And is possibly pending charges. Mhm. So, I needed to determine whether or not you had any warrants out for your arrest. Running a warrant check or demanding identification typically requires reasonable suspicion tied to the specific individual, not just a shared name without additional identifying factors. Well, I'd like to not further your investigation. Well, that can you can be charged with obstructing justice at that point. >> Well, obstruction is a physical act. It's not. That's It actually is. So, by law. At this >> It's obstruction. At this point, all right? Mhm. Unless you're going to give me ID to confirm this. I'm not going to give you make You're making me insecure in my house, this paper, property, effects, and things. If you violate my Fourth Amendment right, I'm going to sue you I'm asking you to willingly give me your ID. >> broken any laws, is that correct? >> you to do that. >> I've not broken any laws, is that correct? >> that have to do with me asking you to give you ID? Because you don't have to have articulable reasonable suspicion to gain my ID. No, I don't. I'm asking you to give it over. You have to >> identify yourself. That's what I'm asking. No, you have no ARS, you have no articulable reasonable suspicion to do anything to me. What you're saying to me is unlawful in what you're doing. I've not not broken the law, I've not been disorderly, I've not done anything wrong here. You're coming and harassing me. You walked over 100 yd to come here and and harass me and try to gain my information. >> I said I was going to leave. You are hindering that ability for me to do so. >> anything. I've not physically obstructed >> a tyrant. It's Are you leaving or not? Or do you want to keep talking? >> I want you to know as a public servant that works for me. I don't work for you. No, I work for the people of the fair grounds. >> I am the people, right? I am I am the people. No, you work for the people. You swore an oath to the US Constitution that therefore protect my rights. You serve the public by protecting individual rights. What you're doing right now, trying to come over here and harass me to gain my to gain my property, my papers. >> peaceful I'm not disrupting anything. Yes, sir. Thank you. That's it. If you continue to bother the staff of the fair, I will arrest you. I'm not Sir, I'm just I have never bothered him at all. I was trying to have a communication with him. She got upset, slammed the door. God bless you, sir. Have a great day. This encounter highlights several constitutional issues. The officer repeatedly requested identification while acknowledging no crime had occurred, raising Fourth Amendment concerns about unlawful detention and lack of reasonable suspicion. The threat of obstruction for refusing to identify without clear legal grounds further complicates the legality of the interaction. Additionally, the shifting justification from trespass to disorderly conduct to warrant verification demonstrates a failure to clearly articulate a consistent lawful basis for enforcement. Situations like this emphasize the importance of understanding when police authority is legally established and when constitutional protections apply.