You're going to back up. >> For what? >> 192 Sumter 64 1050. >> This is Scott Merrow, a citizen activist monitoring police activity in Sumter County, Florida. After driving past a traffic stop three times to observe, he and his son were pulled over by Deputy Hightower on claims of suspicious activity. Sumter County deputies claimed his three passes were suspicious and demanded identification. But here's the legal trap. Mere suspicion is not reasonable articulable suspicion of a specific crime. Scott Merrow didn't fall for it. Why did a veteran officer have to let him go without getting a single piece of information? >> And I'm telling you now Stop Stop Stop Stop calling Reeves out with the dog pretending that the dog is hitting cuz I I know about all that. >> Okay. >> All right. Stop it. Just stop it and do your job. >> 192 Out of Florida 7106 X-ray Sierra on a green color vehicle actually the car get to the same 1020. >> All right. >> Problem. So, I was conducting a traffic stop. You guys are driving by >> Mhm. >> three times. >> Yeah. >> Okay. >> Three times. >> You understand Yeah, that third That's the third time you guys are coming back. Okay. >> no, it's not. >> Okay. That is suspicious activity while I'm conducting a traffic stop. >> There was no There was no There was no vehicle there when we came back. >> Okay. I conducted I conducted a traffic stop. >> it. >> Okay. You guys are driving You guys are driving back and forth. Okay. >> Uh uh and and >> Why? >> Well, this is a public highway. That's why. >> Okay. But when we're conducting an investigation >> Yeah, we are finishing our investigation here on the side of the road. It was not done. >> The way which y'all stop was done though, right? >> Yeah. >> So, we were curious why y'all stayed on the road while people got to go around y'all and stuff. So, we came to check it out. >> I hear you. >> Did you see my lights off? >> It was on >> Did you see my lights off? >> They're not off now. What that mean? What does that mean, Hightower? >> When my lights are running, I'm conducting an investigation on the side of the road. Yes. Okay. And you're driving by me multiple times. >> And what does >> Are they slow rate of speed? >> And what does that mean? >> And it is suspicious activity when I'm conducting my investigation and you're steadily just sitting here driving past us. >> Now, sitting and driving is two different things. You say sitting and >> were not sitting. You drove past me. >> No, I didn't. I was on the passenger >> Okay, I don't know what you're trying to establish, okay? >> Who is he to you? >> That's my father. >> Okay. I was just curious. >> But he can't say the mask is suspicious. COVID still exists, you know what I mean? That's not suspicious wearing a mask. I just seen a kid walk in here with a full [ __ ] ski mask on in Dollar Store. >> No, I thought >> Everybody wear Everybody wear masks. >> just a combination. It's just a combination of both things. That's all. >> lives too? >> Yes, sir. >> Thank you. How you doing? >> Nice to meet you, officer. >> You don't You don't need to give him your driver's license. >> Yeah, I'm This is a This is a traffic stop. >> What What What What What What's What's the traffic stop? What is all about? >> It's I just explained it to you while you still have recording. You can rewatch the recording. >> Mhm. No, no, what's the violation though for the traffic stop? >> on you. I'm just going to run your driver's license to get you >> No, you're not. You're not running the driver's license cuz he didn't he didn't break a law. He didn't He didn't break a law. >> You driving back and forth while >> On the highway on a public highway. >> After After you >> After your stop was done. >> You're not done. >> Your done. The purpose of you was to let him go. You let him go. You let him go. >> Were my lights on? >> But you let him go. >> Were my lights on? >> You let him go. >> Were my lights on? >> You let them go. >> I let him go. Were my lights on? >> So, you were done. Your stop was done. >> You're not done. >> Your stop was done. >> No, were my lights on? >> You let him go. You let him >> No, were my lights on? >> You let him >> Were my lights on? >> But you let him go. >> Were my lights on? >> You let him go. >> Were my lights on? >> You let them go. >> I let him go. Were my lights on? >> So, you were done. >> I was not done. Were my lights on? >> You were done. You were not done. You were done because the vehicle was done. You were not done. >> NOT DONE. YOU WERE NOT >> WHAT THIS is is an investigative stop cuz of you guys passing back and forth. >> I was not done. >> Yeah, you was done. >> Yeah, I was not done. >> You were done because the vehicle was done. >> What this is is an investigative stop cuz of you guys passing back and forth, okay? >> Investigative stop. >> What are you saying? I'm not in the book. >> It's not a book. >> Why are you telling me that? >> It's not. You're not getting his You're not getting his license. Is he being detained? I want you to ask him for what? >> He's detained right now. >> For what? What crime? >> a traffic stop. >> No, no, no, no, no, no. What is he being detained for? You're about to get in trouble, Hightower. I'm telling you straight >> I'm not in trouble. >> You are. I'm telling you. You You are. >> I'm conducting a traffic stop, okay? >> Okay, what What What's the violation? What's his violation? >> I explained it to you already. >> No, you did not. >> I said you can rewatch the recording. You sat there and had a 2-minute conversation about it. >> What's the violation? >> I can drive past y'all three, four times and roll my bicycle past y'all three, four times is a violation? >> It's considered suspicious activity, yes. >> Oh my god. >> While I'm conducting an investigation on the side of the >> god. >> You got your feet So he can get to us. Get >> As long as you got your feet, man, we're giving you your feet. We didn't stop and stare at y'all. We passed by y'all. >> It don't even matter. We can stop anyway. >> How many feet is it supposed to be when you jump in when you conducting a stop? >> It's still COVID. Still exists, man. COVID still exists. >> Then why is his mask off right now? >> So what I'm saying, COVID still exists. >> Then why is his mask off right now? >> COVID getting angry right now. >> All right, do you have your driver's license? Go run his driver's license. Good job. >> You're not You're not running his driver's license. I'm telling you straight up, you're not going to run his driver's license because he didn't commit a crime. Suspicious activity is not a crime. You have to be articulate. What he's done, what he's about to do, or what you think he's done that has broken the law. Now, go and get some training. You're going to get trained. Yes, you do. You need training. >> not. >> You You are. You are. >> All right, y'all hang out for a bit. >> We We We We being detained? >> Yes, sir. >> For what? >> It was a traffic stop, an investigative stop. >> Not a traffic stop. Y'all An investigative stop is You pulled me over. Uh You explain it. >> It's been explained. >> Explain it again. Are you live right now? >> Yes, sir. >> I can't wait to Oh, you know what? Matter of fact, call L41 out here right now. Get him out here. >> Who? >> Smith. Get him out here. Get him out here. Get him out here. >> Get who? >> Lieutenant Smith. L-31, you heard me. Get him out here. >> He's not working tonight. >> Well, who who who who's your supervisor tonight? >> Lieutenant Kevin Lewis, but he's not working tonight. >> Get get get your supervisor then. >> Man, y'all y'all saying we suspicious, but she just said, "Lieutenant Smith, who?" And then she said he's not working tonight. >> Well, cuz we know who's working tonight, and Lieutenant Smith is not one of them. >> Lieutenant Smith >> He said Smith, I said who? We have more than one Smith, so I didn't know which one >> L-31, y'all got more than L-31? Y'all got more than one? >> Lieutenant Smith, that I know who is. >> Oh, man. >> We turn my car cuz I don't get fully off the road. Pull it over there. >> Okay. >> I couldn't go over that wire. >> Yeah, I'll get it further off the road. >> 46G come here. >> I'm trying to go. Yeah, come over here. >> I got it. >> No normally he's nice. I I I don't I don't see him. I don't blame him for that though. But I don't know why he got a chip on his shoulder. >> More sergeant is on the way. >> Probably because he been under Wilson, Corporal Wilson. And he's a tyrant also. And he's been training that guy. See, I'm not new at this. I'm true to this. I'm serious. You done. Hey. Hi Tower. >> Another car coming. >> And I would have been going about my way if you wouldn't have did this. Y'all know we were past y'all. You know for a fact. We was gone. He did this so I turned around. That's what happened. That's exactly what happened. Me, I'm just nosey. I just wanted to come see what was happening. And then when when you when you give me one of these, okay, I want to know what what that's for. That's all that was. That's all that was. But he like he he he I'm telling you he used to be a good cool dude. He he he really did but his escalation skills done just uh vanished since he's been hanging around Wilson and them. And you know >> Hang on, sir. You got one more on the other side. >> Appreciate it. >> Yeah, no worries. >> I got no problem with law enforcement. I love law enforcement. You did your job. I mean, you know, tonight we didn't have a problem. >> I was busy working. >> You you did real good. You was observant. You know what I'm saying? You I walked up. Nobody seen me but you did. You know what I'm saying? So, I commend you on that. That's good. You good. You sharp. Especially for being here 2 years. >> Yes, sir. >> You got another one coming. >> You got another one coming. >> You can't speak for the driver. >> You're right. You're absolutely right about that. >> There you go. >> You got supervisor coming, bro? >> Yeah, I just got off the phone with him. >> Okay. >> Um he said he's coming to talk to you if you want. Um It's up to you if you want to step him out here and talk to you. Um Just trying to prevent anything. Said just let you go if you want to go. >> All right. You going? >> All right. >> All right, Hightower. Y'all won't have a problem Y'all won't have a problem with me. If you don't If you don't give me a problem, I won't have a problem. And And that's real. >> Every Every time I run into you, you always you always trying to do stuff like >> No, the first time The first time me and you met The The very first time me and you met, it was very good encounter. I saw you sitting over at the bottle park, and I pulled over. I thought you had a real good demeanor. You pulled my grandson over. You were really good. You know what I'm saying? That's what I I was telling them, you were a good guy. >> you you always like getting up in our faces with cameras and stuff. >> I don't I I don't If you wanted to call me back, I wouldn't have came. >> It's not against the law. >> But But if you wanted to call me back, I wouldn't have came. You did like this, and I turned on the camera. >> I didn't call you back. I just said, what's What's your problem?" So >> back to answer what the problem was. That's a callback, brother. >> You're You're wearing a mask. You're just driving back and forth and why? >> you going to pull everybody that have a mask. >> Deputy Hightower attempted to argue that wearing a mask and driving back and forth constituted suspicion. However, through a legal lens, driving on a public highway and wearing a medical mask is entirely lawful. Demanding ID without being able to articulate a specific crime that has occurred, is occurring, or is about to occur is a violation of the Fourth Amendment. >> Not unless they drive by me three times like that. >> Well, you'll be stopping people all damn day long. >> You're the first person I've seen wearing a mask in a long time. >> Well, you're a good detective because there's a lot of us out here. You even work with somebody You even work with somebody that wear a mask. Do you stop them? >> personally don't. >> Seriously? Well, I mean, he's He's on the force. He's not one of your brothers. Come on. >> He's not on my shift. I personally don't know who you're talking about. >> You don't? He's the only black guy I see running around here with a mask on. >> Big fat guy. >> I know his name, but I'm not going to I'm not going to do him like that. But I'm going to try to Well, that's fine. But anyway, I'm going to I'm going to end this and I'm going to go about my way. >> All right. >> But but this is not going to last long before you going to see me, man. I'm serious. >> I know you stay around this area. I run I run into you all the time. >> Not all the time. You don't run into me three times. >> I said to you it's more than once. >> And I and I've been investigating you for a while. I'm just letting you know. For a while. I got stuff that you don't don't know I have. Stop the bias policing and I'm telling you now. Stop Stop calling Stop Just listen. Stop calling me these hours with the dog pretending that the dog is hidden cuz I I know about all that. >> Okay. >> All right. Stop it. Just stop it and do your job cuz I believe you can be a good cop. I believe you can be a good cop. Okay? >> All right. >> Appreciate it. >> Y'all have a good night. >> Y'all have a good one. >> Good night. >> All right. >> All right. Y'all take it easy. >> Have a good night. >> You too. >> Case details: Incident, investigative stop based on suspicious activity, driving past a traffic stop three times. Legal conflict, alleged bias policing versus Fourth Amendment rights regarding stop and identify. Police action, attempted to demand ID based on subject wearing a mask and repeated passes. Officers released subject without ID after contact with supervisors. [music] Subject challenged the reasonable articulable suspicion standard successfully.