So, where are you, where are you headed to? >> Home. >> Where's home? >> I don't need to tell you that. >> Okay. He doesn't want to identify himself, so. >> Well, you have to identify yourself. Now, you're impeding an investigation. >> I'm sorry. You're wrong. This is wrongful imprisonment. This is wrong. I'm on three body cameras right now. I I have witnessed this crime for 13 years. >> we want to verify and make sure it's him. And you know, we just The last last thing we need is to find a frosty old guy that matches the description perfectly and then come to find out it's someone completely different. >> This is John G. Nolan, a 55-year-old resident who has lived peacefully in his apartment for 13 years. While walking home from dinner, he is cornered by an officer simply because his hair and clothing matched the description of a suspect who threw a brick at a public building. However, instead of a professional field verification, police immediately handcuff him for refusing to state his name. This is a flagrant retaliatory arrest where a citizen exercising his verbal rights is punished with an absolute deprivation of liberty. >> All righty. Well, you're being detained right now. You're being detained right now, okay? Can you please take your hands out of your pocket? >> Absolutely. >> I appreciate it. Here comes >> make you feel safe, but I am not the guy you are looking for. >> Um what's your first name? >> I don't need to tell you my name. Who are you? >> Keith, right? Okay. >> Wrong. >> Is it? Okay. >> Wrong. >> Well, you match the description of the subject, okay? And same hair and everything, the description of your clothing, okay? So, I just have to ask you a few questions, okay? Do you have an ID with you by any chance? >> Yeah. >> No. >> Okay. >> me to give you my license number? I don't know. I don't want to give you my license number. >> Well, you're detained cuz I have reasonable suspicion to believe that you committed a crime, okay? >> Did you? This is great. >> Yep. So, where where are you headed to? >> Home. >> Where's home? >> I don't need to tell you that. >> Okay. >> Okay. Okay. He doesn't want to identify himself, so >> Well, you have to identify yourself. Now you're impeding an investigation. So if you want to go straight to jail, then keep it up. Do you have a >> What up? >> Do you have ID on you? >> No. >> What's your name? >> I am totally not good with this. >> You're being detained for now, okay? >> I'll give you my license. >> Not to worry. >> We're beyond that. I'm beyond what's going on. >> Can I go over your hands real quick? I'm fixing trying to fix your vehicle. >> Okay. What's going on, man? That is totally Ah, it's a little heavy, buddy. So >> Well, I'm trying to take it off so I can fix it. >> Ah, you're being harder. >> Hold on. I have to get it out, so >> You're doing this much by way? Ah, [ __ ] That really, really hurt. Can you help this man out with whatever he's trying to do to me? >> Here, turn your hand turn your wrist. >> Turn my wrist which way? >> There you go. >> Ah, that's much better, man. >> Yeah, I'm trying to fix it up for you. >> Oh, yeah. How long you going to move, buddy? >> All right. Let's go over here. Hey, where is she going to come through? Through Woolen or >> I just told her to come down Woolen and then come up Woolen. >> Okay, that's what I'm worried about. >> Put him right here. Clark, can you put your Put your flashers off and your cruisers on just so that we have a flash light there. >> All right, we're just going to stand right here. So, somebody going to ID me? >> Yep. >> Oh, we tried to >> Well, you didn't You refused to get ID'd. >> get your name, get it >> No, I didn't really want to. >> Well, >> I've lived in the same apartment 100 ft from here for 13 years. I've never had a problem like this in my life. I'm beyond this. I'm going to go through the duration with whatever you guys are doing. I'm coming from that way. I don't know where you guys think whatever happened happened. >> match the description of someone we're looking for. >> running with you guys, but this is pretty heavy, man. >> I got you. This is a standard protocol for us. If If we If he drive If If we take If we take them by and they say it's not you, then you get let out of here and you go home. >> say I hope they claim it is me cuz they are getting a wrongful death coming right at me with the best of attorneys. That's coming right at me and coming right at you. And I look forward to her try. I said wrong. >> I I might have misunderstood you. I'm sorry. >> I'm sure I'm on Huh? I said what? >> You said wrongful death. >> I'm sorry. You wrong This is wrongful imprisonment. This is wrong. I'm on three body cameras right now. I I have lived in the same place 13 years. Is that wrongful and This is not. >> We have reason to suspect If he If he says it's you, by chance they say it's you, right? And you go to jail and everything and then come to find out that that that person lied and put you in jail, they get charged. >> I'm going to sue the pants off them. I'm going to sue the pants off them. >> could sue them and they also get charges for perjury. >> That's that's great. I'm looking forward to bringing that at them. Look forward to bringing that. Would you Would you prefer a sit down somewhere so I don't run off and you got your own car? >> to Okay, I'm not afraid of you running away from me. I'm just >> Coming in 40 now. Copy, we're right in front of Ace Hardware. You should be able to see us. >> Hey, look at that cop car coming up for me, please. 100% >> All right, you're now going to be under arrest, okay? So, we're going to go to that first car over there. You're now going to be under arrest. You're under arrest. >> I'm under arrest? >> Yes. So, just come over here. Keep going. We're going to stand right behind my car. Just be careful, watch your step. All right, do you have anything on you that could stick me, poke me, or stab me? >> Uh, no, I don't think so. >> Okay. >> Do I get to say, like, get to defend myself in any way? When I go to court, this isn't Something's not right here. >> Well, we're trying to work with you. You didn't want to identify yourself or anything. >> give you my ID number right now. This is like beyond me. What's going on? >> Can you hold this? Can you hold this for >> I don't get to speak that I've done anything incorrect. >> So, here's Here's Here's what we're going to do is the officer, the primary officer, she's going to come, she's going to read you your rights and everything, and then you guys are going to talk about it. It'll You'll have your chance in order to explain your side of everything that's going on. >> Sure. What? >> Okay. The The primary officer, she's the one that drove by with the the the person >> Is Jordan taking a [ __ ] >> I'm stepping in this. >> You're going to step in there? >> Yeah. >> I got a bad blood in me right now. And then just so I can count it 1 5 6 7 8 9 $9 Regardless he's going to go for not identifying. But I mean he's got a possible ID on him. >> He got a possible ID on him but obviously we wanted to verify and make sure it's him and you know we just the last last thing we need is to find a frosty old guy that matches the description perfectly and then come to find out it's someone completely different. >> Yeah cuz like I didn't I didn't tell him Well, I asked him for his name several times things like it. Like you know I was like okay Keith and then he was like I'm like shocked like okay. >> Awesome. >> Whoever called me maliciously shoots at within or into or throws a missile or throws a projectile at or projects a stone or other hard substance which would produce death or great bodily harm at within or any public or private building occupied or unoccupied >> Yeah, I'm going to move out of the road that way we're so we can go on with >> They don't have Jenny up there. >> Okay. You want me to put him in a holding cell for now? >> Yeah, put him in a holding cell and then uh we'll have Jenny come relieve you and then she'll sit with him. >> Sounds good. >> All right. >> Even though he was kicked out of the grill he could have easily been mistook for the wrong guy. >> Yeah, I know. >> Actually if anything he he can't come back. I believe the guy I'll be 31 years OLD THIS YEAR. I AM I'M ABOUT TO TURN HIM THAT I KNOW >> I KNEW HE HAD TO BE AT DOWNTOWN SOMEWHERE. >> 10-4, is there any way you can get with him real quick? Uh we're going to need that for the statement if you can call him. And then uh Alfonso is going to take him to the holding cells um whenever you 10-98 with what you're doing then uh just get with him and we'll meet you back then. >> All right, just go ahead and step on out for me. So, what's going to happen I'm going to put you in a holding cell and then take off the handcuffs off of you, all right? That way and then there's a bathroom in the holding cells and everything so you can But just go ahead and stand right here to the right side of the door. Whatever. Whatever. >> Are you signing this door? We You know which door you're >> No, I was pointing over here. You're good. >> I'm sorry. Didn't see the gestures you were making. >> Just go ahead and step in here and then stand to the right side of that door. All right. Uh-huh. Just come on through here. And then we're going to make a left to that open door right there. And then you're going to follow this straight down. You're going to go into the holding cell right over here, directly in front of you. And then just stand up at the door work for me. I'm going to take the handcuffs off of you. Got you. Ready. And then just bend over a little bit, about 45°, and then let go of your hands. That way I can get in between your hands. And then once I release the handcuffs, just go ahead and put that arm that hand on top of your head, okay? So, your left one's going to be the first one. Go ahead and do that. >> I've got a dislocated Okay, I got you. shoulder. >> Sorry. And then just go ahead and step in there for me. So, if you have a dislocated shoulder, any issues with your shoulders, just let the Cuz I'm not going to be the one taking you out to the jail or anything. Um you're going to be taking you out >> of the jail tonight? >> Well, so the other officer's going to ask you some questions, but as of right now you are under arrest, so that would be the right time. >> What's going on, man? I just I'm It doesn't do any doesn't help me make any comments to you. I'm just I am I am so far removed from whatever you were doing that I am >> I got you. Well, they're going to ask you more questions when they get here. I got you. >> is going to be an interesting night for me. >> Actually, which one's with you? >> The officer is pulling in now, so you should be able to speak with her once she gets in. >> She's going to talk to me? >> Yep. The officer >> Will she listen? >> The officer that's going to ask you questions and stuff like that, she's pulling in right now, so she'll She's the person to speak to about the incident. >> And your officer? >> Officer Alfonso. >> Thank you. >> I got that officer. >> Thank you. Did he Do you happen to have a jail intake form? >> I do. >> Okay. >> I can I can get you that real quick. >> Thank you. >> So, and here's his phone and $9 in cash. >> Okay. I will >> Yeah, and then he has boots on. So, I don't actually need to struggle to take them on and off. I just let him keep it on. >> Okay. >> It's up to you if you want to probably take them off. >> I don't want to. Do we take Do we take them off on this one, right? I usually always take them off. >> Is it all you? >> It is. >> Got it. >> Plus, I'm nobody else's right, so >> Yeah. >> It's all right, cool. It's all right, cool. >> There we go. The light came on, cool. All righty. I got that. So, I'm going to read you something. You have the right to remain silent. Anything you say may be held may be used as evidence against you. You have the right to talk to an attorney and have him or her with you now or at any time during questioning. If you cannot afford an attorney, one will be appointed to represent you. If at any time you wish to stop talking or have an attorney present, all questioning will be stopped at your request. Do you understand these rights? With these rights in mind, are you willing to talk to me? >> It'll be a conversation. >> Are you willing to talk to me about what happened? >> Yeah, nothing happened. Stop talking. >> Yes? >> Yes. >> Okay. So, >> Is our communication going to be through this window? >> Yes. >> Okay. All right. I just need to let the camera talk. >> Okay. So, you're being placed under arrest because you failed to let you throw a brick at Did you throw that brick at in his car? >> No. >> You didn't throw a brick? >> No. >> Okay. What happened? >> I have no idea. I just come from dinner. And you were talking We had security cameras to show me finishing dinner. I had walked out 6:30 to 7:30. And then I walked across the street through Chess Park, cut over through um uh uh by the the Chop, went by DaVinci's, I waved the card at the Nones uh the Nones of Paper, um and then I walked up I went up to the window at at uh um uh Checkers, and I talked to two guys who were sitting by the flagpole, and I said, "You guys ordered yet?" And they said, "No." And I said, "Great." At which time I walked across the street, and then uh once I was on the sidewalk headed southbound I was walking towards Chica's and Artisan, and there was a screaming lady walking towards the outer line. 5'9. There's someone lingering over my back shoulder. But I kind of kept an eye on her just to see who she was, and I kept walking. And then as I came up past the artisan and past the boutique store clothes, Chico's clothes, the artisan, and then as I'm coming up in front of this new apartment building with new residents in it, as I'm approaching Ace Hardware, he gets out, he stops me and goes he goes I don't even remember the series of things. Everything from what's-her-name. I didn't want to tell him. >> What is your name? >> I'm sorry? >> What is your name? >> is John Gene Owen. I can give you my card or driver's license >> not the right one? >> I don't think it is. >> Cuz you guys said that it was positive ID. >> He said it was positive ID, but I don't I know I don't think >> Okay. So we're going to get your information, try to verify your name and everything. That's why we were trying to get your name to begin with. >> No, no, I don't I I understood that I was sitting here going I didn't want to give you my name. I'm walking home. I was 100 ft from my house. I've been living there for 13 years. >> I'll call dispatch. >> He said 100% but now I >> I got you. I'm sorry. >> Case details: pretext for detention, broad description matching a suspect who threw a brick missile into a building. The police blunder: [music] executing an immediate felony arrest because the subject refused a field ID request despite the driver by witness lacking a 100% positive match. Legal violations: Fourth Amendment violation, false arrest without probable cause, unlawful extension of an investigative stop.