on October 21st 2022 a man named Orland escoto was eating lunch in his parked car officer tibo of the hardyville police department approached the vehicle Mr escoto recorded the interaction on his [Music] phone what's going on man nothing you own you know the people that own this property I don't answer questions huh I don't answer questions you don't answer questions no sir all right I'm officer t with hardyville Police Department I just want to let you know I'm out with you okay it's just because you're in this property okay okay just checking to see if you know the people that own this place okay we've had people drive through the yard and cause some damage understand that's it so if you don't know them and you're not supposed to be here then you need to leave the property okay is that fair I don't answer questions you don't answer questions I'll tell you what you got your driver's license on you for what sir because I'm getting out with you because you're on property that doesn't belong to you how do you know this sir cuz you won't answer my questions so now I want to identify you to find out can I talk to your supervisor absolutely okay that's perfect 54 T can you 25 me up here I was get my heart always starts beating every time I talk to a cop I don't know why you don't listen man it ain't got to be like that no I'm saying every time I talk to you don't have to though you know what I mean just chill just conversation I understand I understand that but you know with what's going on nowadays cops fish a lot not here so you know that's I I like to make sure you're on you're on property that you don't own okay you don't know know that I I do know that you don't own this property okay okay so you're on property that you don't own now if you have permission to be here that's fine but you won't identify yourself so I don't I don't know that you got permission to be here or not okay okay so just big deal he'll be here in a minute thank you since officer TBO did not provide Mr escoto with probable cause for the stop this appears to be a potential case of of unlawful detention while trespass is illegal in North Carolina it is well known that trespass in the first degree only applies when a person trespasses or remains in a clearly enclosed or secure place given this it is clear that Mr escoto did not break any law such a conclusion can be drawn because streets are public places and parking is not prohibited in public places except in exceptional circumstances so he's on property that he doesn't I go to get out with him he pulls through the yard to come out here so then I drive around block him off he immediately doesn't want to identify himself doesn't want to tell me why he's here so now he only wants to speak to a supervisor so that would be you because I don't have a supervisor what's up I don't know I was at the little part right of the concrete he pulled behind me I saw he was Ring my was right here right here where the little Shadow is yeah yeah yeah uh I was there and he pulled behind me started checking my plates yeah so uh he's do you live here when I don't answer questions when when so that's what I got so when when I when I was when I was I believe you were difficult the last time we talk to you at the park I didn't did I speak with you yeah okay yeah so this is obviously because you were on lunch break correct are you on lunch break today I I don't answer questions you don't answer questions okay so you're driving in the state though and you're on property that is not yours you understand that right I don't answer questions sir do you understand that I don't answer questions that's a question I can't I don't I don't answer questions so listen man you're making this more difficult than it needs to be M you understand that right I don't answer your questions you understand what I'm saying I don't answer questions is this what I got you do realize that like you acting like this is not helping the situation I understand I'll answer that question I understand that you understand that right yes okay so what is the reason for being difficult please tell me I don't answer questions but let me ask you a question am I being detained right now what's that am I being detain right now yes you are for what reason sir for what reason yes for you're on private property that is not yours how do you know this what's that how do you know this this vehicle does not return to here you will not provide any information that say this property is yours we Patrol this area every single day MH okay okay all right and your car has never been here and you don't live in that trailer you understand the police department is a block down the street right I I'll answer that question yes I do okay so if you can tell me that you're here visiting a friend and we can verify that we'll be out of here I don't answer questions sir but so if I None of your questions what's going to happen to me at this point what what do you mean what's going to have cuz I'm missing my my lunch break because he did he told me that was being detained after I was being detained I told him I'll speak to a supervisor yeah so I so are you going to speak with me or are you going to play these games because I'm all I'm all with being a grown adult in this situation okay and I understand your rights and all that okay all right am I required to answer your questions you are at this point because he is out with you okay as a suspicious vehicle on private property so at this point okay all we need is reasonable suspicion you understand that correct it is important to note that Mr escoto prudently invoked his Fifth Amendment right to remain silent when necessary the Fifth Amendment ensures that individuals cannot be compelled to provide incriminating information when a person exercises his or her fifth right it does not mean that he or she is guilty and it cannot be used against him or her of what what's that suspicion of what that any type of criminal activity may be a foot like what being to inv until our our investigation or our suspicion is dispelled we can ask you questions okay okay do I to answer them what's that do I have to answer your questions you have the the right to remain silent in anything you want then I'll remain silent sir until you're done with your investigation I'll be I'll however what you're leading us to and this is completely unnecessary okay so if I'm not doing anything wrong I'm supposed to prove to you that I'm not doing nothing wrong is is that how it works I'm asking a question to you that you're a supervisor yeah M all right so let me explain it to you one more time okay you're on property that does not belong to you correct yes because you don't answer questions but that is correct 100% truth at this point an officer sees that you're here goes out with your vehicle and sees that the vehicle is occupied by one individual which is you yes that's truth okay so from that point what do you you doing here sir do you live here no I I don't answer questions and that's what I told them so do you understand what our job is yes okay okay investigate away so if you're not where you're supposed to go knock on their door he could he would he would tell me now let's say this listen if I would have answered all your questions we would be done okay that's what I'm saying so the you're making this more diff so what's the difference if I would answer your question listen listen a reasonable person would answer those questions okay okay and they would understand that when a law enforcement officer stops you in a vehicle that you're required to identify yourself at that point okay I I'll make sure with the chief if that's correct cuz that's why I'm recording this because record Then I then I'll take it up a little higher and find out if you know if everything that you guys have done from the moment that I started recording was correct we'll we'll find out cuz I know I'm not doing nothing wrong you're absolutely doing something wrong by not identifying yourself at this point have I committed a crime what's that have I committed a crime have you committed a crime as far as what trespassing trespassing yes you have so you have so the law for trespassing don't I have to be told to leave in order for me to be trespassed what's that don't I have to be told to leave a place in order to be trespassed you could be yes all right but if it's posted no or if or if the resident calls and says there's somebody here and I don't want them here there someone we can come make contact with you did someone call identify you no no one call again I don't understand why you're making this more difficult than it needs to be I have my reasons but I'm not going to do I'm not you did this last time too the part I'm not going to dis it's not it's not something new with you what did I do last time at the par the same exact same thing with this officer and what happened what's that what happened you ended up identifying yourself once I spoke to you I did not yes you did I didn't show anything did I yes you identified yourself oh I'm sorry yeah so that's why like so okay that time if you have an issue with the way things are being handled I have no problem with talking and I do and I do and that's why I'm recording this because I have my reasons now I'm going let you do your job I'm not stopping you from doing that no is that true what you're doing right now because look do I have the right to remain silent you always have the right to remain silent I if you haven't told me I I committed a crime do you have a driver's license I don't answer questions okay protected by the Fifth Amendment to the Constitution Mr escoto can rightly refuse to identify himself as he has not been involved in any criminal activity despite repeated questions about a specific offense justifying his detention the officer avoided providing a clear answer preferring to redirect the interrogation this tactic appears to have been deliberate possibly aimed at a obtaining more information to justify a lawful detention based on Reasonable Suspicion so see here we go so you expect us to let you drive off how what have I done wrong I've already told you that you're on property that does not belong to you how do you know that what's that how do you know that because I know you do not live here who told you this information what's that who told you this information that's from knowing the community the street that we drive down hundreds of times every single day day okay okay so you know everyone that know that lives here no I'm asking a question you know everyone that lives here you know all their friends you know everybody you know everybody that's doing business here you know everybody that works here is that correct and I don't that's not correct and I don't belong just the way I look there I don't belong there right um people don't park right there on somebody's front lawn that don't live here you understand that right I don't answer questions sir so you keep asking questions that I don't want to answer so don't I have the right to not answer the questions I don't want to answer answer whatever you want I remain silent so whatever question you ask I'll play I I'll play the fifth I'll stay quiet okay and I'll let you do what you got to do like I said I know I'm not doing nothing wrong I know I know I'm not doing nothing wrong no one's even saying you're doing anything wrong so why am I being detained why am I being why is he asking for my license when nobody has called nobody has told me to leave my car wasn't off oh was it off you started driving I'm asking was was my car I don't know you don't answer questions either I I said I don't know I'm sorry just complained sorry I get nervous I'm done with you okay go ahead do what you got identify yourself or not what's going to happen if I don't show any identification I can't let you leave because I don't know if you have driver's license in the encounter between Mr escoto and officer tibo the absence of formal complaints about Mr es Scotto's presence suggests officer tobo may be fishing for a crime this raises concerns about racial profiling as the officer suspected Mr escoto who is not Caucasian for simply being parked in the neighborhood officer tibo's insistence on Mr escoto producing his driver's license without legal cause hints at potential abuse of power legally a citizen is not required to present identification without just cause which was lacking in this situation such conduct falls under police misconduct covering inappropriate actions including racial profiling instances of misconduct can trigger investigations by Internal Affairs or external oversight agencies leading to sanctions for the involved officer depending on the severity of the misconduct now stay here do you want me to turn off the car I'll put turn it off KS on board CUA I like like sir I haven't been told to leave I was in the I was in the little listen listen I'm listening go ahead I understand what you're saying okay as far as you haven't been told to leave and that you know you just parked here I'm sorry to interrupt you last time I spoke to your chief he told me that nobody should have kicked me out of that place that I was in a public place I was kicked out of it okay so my thing is this mhm who to you saying just because of your knowledge of the people that live here now where's the sign that I say that I can't park there to turn around to do anything listen now I was going to finish but I I'll like I understand where you're going with this all right and you have a valid point okay as far as are there no trespassing signs posted on the property I don't see any okay so I'll agree with you on that what if I was looking for land what if looking for information to buy then let me ask you this which which I am by the way go ahead let let me ask you this okay just again we can play this game all day I'm not playing no games sorry this is my live I have to be sure of what I are you going to let me talk or you going to continue all right however most people most people M when they come into contact with law enforcement all right mhm we'll State hey what are you doing here you're on private property oh I'm sorry I didn't know I will be leaving okay you understand that or they'll say oh well I'm checking out this land because I'm interested in buying it and I saw this for sale I'm playing the fifth every time you ask a question so if I stay quiet I don't want you to think you're really not worth my time I'm going to be honest with you okay because I feel sorry for that bro I mean you're really not okay you need to leave I'm trying to leave I was as soon as your cop pulled behind me I I tried to leave he didn't even have to say anything as soon as he pulled behind me I knew that it was going to be a problem that I was parked there m that because he said I was parked so I tried leaving you knew I wasn't going to go I was youing let me finish I wasn't going to turn go back because it was blocking my path at that point what am I going to do there's another exit so nowhere says you can't drive through this there to here there's nothing and then if if people didn't want your involvement yeah on this tag I understand what you're saying all right M I'm just again this is twice you're I know you're explaining in circles I understand but at this point we're we're stuck we're stuck because I'm not showing ID if I don't have a reason to show you ID I'm I'mma plead the fifth to every question you ask so like I said do what you need to do I'm not stopping you from doing nothing if you but see we're not again like I look at things as we can we can play this but you're really not worth my time honestly so can I you're not worth me ripping out of your vehicle okay I'll get out you don't have to do that you what I'm saying I'm just saying it's you tell me to get out I'll get out you don't have to rip you don't have to threaten me with ripping me out of my car I'm just letting you know if like that's what you're looking for like for this to escalate any further it's not going to it is clear that neither off officer is in good faith and Officer James inexplicably continues to argue with Mr escoto aware that the situation is not worth his time this unnecessary prolongation of the traffic stop is another violation of Mr es Scotto's rights what I want be ripped out of my own car because that's what some people do all right they they do this to get a reaction from us again dude I was enjoying my lunch break that the last thing I want said the last thing I want to be doing is to talking to you on my lunch break I only get an hour for lunch break right now I'm I'm about to be I'm going have to clock in so I'm going to have to start charging you by the minute because I have to be working somewhere else so this is what I'm trying to tell you there's there's guides that you have to follow so I'm making sure that you stay by it yeah now if I if you tell me I have to do something because if not you arrest me then I'll do it so say those words and then I'll then threaten me with arrest if I don't show him show show you my ID then I'll show you my ID well that's ridiculous it's ridiculous right because you know what's going to happen after I'm going have to go make a complaint on what's your badge number my badge number 97448 058 what what's your badge number sir and what's your badge number sir and your name please H and your name and badge number sir thear I it's blocking the Carlo That's Italian you're correct are you still on ha Boulevard and can you ask for the badge number of your officer and the name please because he's the one that pulled me over if you could yeah this PFC TBO again the same person so I don't answer questions whatever question you got to ask I play the fifth sir that's fine you can you can plead the fifth okay thank you I told you that from the get-go all right and I've been saying I'm just treding you said you wanted to talk to me because your offic your officer is detaining me yes and I explain to you why right and am I free suspicion am I free to go it would help now listen I answer my question and then you can go am I free to go you haven't answered a single one of my questions to dispel our myth that there's any type of criminal if I if I call a lawyer right now stay quiet don't say nothing yeah so so why am I going to let ask you this let me Me Maybe you can answer this let me finish without incriminating let me finish Mr escoto tried to explain his unjustified detention to officer James who responded by mocking him and maintaining an authoritarian stance officer James's dismissive attitude smirking and implicit coercion reveal a disregard for the fair treatment expected from law enforcement so why am I going to go against the advice my lawyer tells me when I'm talking to officer my job is my thing is to do let you do what you need to do I'm letting you I don't want to speak to I didn't want to speak to him then he says oh you want to go the r give me your ID so at that point when when I as I asked him am I being detained he said yes yes so now I want to speak to to you that you're his supervisor correct correct and understand I said the same let me finish if you don't now if you don't tell me I'm free to go and if I'm being detain tell me why and if not and after that I'll talk to your supervisor I told you why you're detained and now you expect me to let you drive off without verifying that you have a good driver's license nothing sir that's what you're asking us to do but your job yeah y okay so so if I don't show you my license what's going to happen you're going to keep me here all day no am I going to miss work no I'm going to tell you not to drive okay so I'm not going to be able to drive right now you're going to stop me from driving what's that you're going to stop me from driving you can make your own decisions so can I can you move his car so I can what he's got a customer what's his name Mr contras no oh my goodness so like again am I free to go or not yet not yet okay no what are you waiting for right now for so you can let me go to make sure the vehicle's clear and okay I'll I'll be waiting for that can I get out cuz it's hot and the Sun is as long as you're detaining me I'd rather not stay in the car I'm going close the window cuz second time I'm being stopped miss my lunch for Mr tibo here so second time I'm not going to I'm G Play More by my rights last time I gave my rights away not this time would you agree with that sir or you're not listening not not listen all right so here's where we're at okay again you're not you're not worth any type of lawsuit use of force event anything like that all right so if you don't are you going to threaten me with are are you going to listen to me I'm trying to okay without you threatening me and then I'm I get you don't have a driver's license uhhuh which you know for fact yes or no okay then I would not drive that's my advice to you take it leave it okay okay cuz when we stop you on a traffic stop if that happens you are required to identify yourself okay you understand that correct I don't answer questions sir I told you any questions you ask anyways let me finish let me finish my answer no let me finish okay I'll let you finish since we can't make contact with that homeowner right now to verify that you're allowed to be here all right you can sit here until they get home sit here so can I leave am I free to go you're free to go can he move his car cuz he's blocking my way he's moving thank you oh can I have an incident number for this please yeah you want it yes please I'm asking for centr 5 and can I get the name of your supervisor please Jenkins thank you so much can I get can I get your a card can I get you a card please 22 Hotel 28 no I don't have a card you have does anybody here have a card if you like it written down I can write it down for you does it yes I want that but also I'm asking does anybody here have cards personal cards that you're supposed to give to to to people I'm just asking I don't know I'm I'm ignorant to when it comes to that that's what I'm asking well you seem to know everything else so thank you bro I'm Catholic I study a lot you know well you obviously don't okay where where am I wrong what's that teach me where am I am I wrong because let me let me tell you where you're wrong that I'm keeping you if officers have Reasonable Suspicion M all right that criminal activity may be a foot such as trespassing is a property crime okay yes ma'am you are required to identify yourself you understand that right I don't answer a questions of course not but consider this your education session okay because the next time it's not going to end up like this not a good one bro you showed more attitude than everything can you write down the number please yeah doing it right now thank you so much sir thank you for your professionalism Mr escoto continued to talk to the police after he was officially released you weren y'all weren't my time worth my time giving you my license that's why I didn't show you cuz you guys are fishing that that's what he was doing no it's called we have a lot of crime in hardyville I know you live Inon we have a lot of crime so park right there was the crime about park right there without you knowing me no no without nobody has called you nobody I I was still in my car listen let me finish let me I know I was I had just pulled in here to turn to turn back to work cuz I was going to go blast with and come back as soon as he pulled over I was replying back to a message and he pulls behind me it wasn't not even 5 minutes bro not even 5 minutes and he gets behind me so my question is this how do you know a crime is a when I haven't even left my car he he didn't even look nothing he didn't even see if I I was so like I said I respect your job I respect it I respect your job completely like Co with you as you're being with me right now and I know it sucks I sucks coming across with people that won't show something because last time like you said I did myself right yeah what crime was I was I committed that time who called I even asked him who called me in Then I then let me finish then I went to the to the city council they this place they told me I should have not been kicked out that it was the first time someone was kicked out I don't know why they told me that it could have be that could have been wrong right I agree that let me finish then I went with your chief M your Chief told me that he should have not kicked me out yeah that so I'm getting mixed signals here bro and I respect I respect yall but I know that if I'm not committing a crime which I know I'm not I'm not going to show ID and that was it list if you just pulled in that's one thing but if you're sitting here on private property that's you can't say that those people said you could there all right we're going to get out with you and make sure everything's okay okay and ask you what are you doing here you know what I'm saying cuz we have a job to do we're not just reacting got be if somebody hasn't hasn't now most people let me finish you let me finish once I I apologize go most people most people and I'm not saying you have to be like most people but most people who are are not doing anything wrong will be like you know what officer I'm on my lunch break this is my everything's cool you know what I'm saying and not pull the whole I don't answer question questions I play the make it more difficult than it needs to be I feel like I should have done that last look look if I feel like if I should have done that last time it would have been different you know because I know I was somewhere where I'm allowed to be mhm so I was kicked out of a place I was allowed to be okay you don't know if I'm not allow well not you cuz you're a supervisor there's no one here to verify that you can let me and again you didn't provide that information you don't know this looking at you know you don't know against it or you know no in favor I'm not saying to be in favor of me but I'm not say but I don't you're that's why we get out so I have to go I'm I thank you understand the whole Reasonable Suspicion thing I do that's why we would get out and investigate to be like okay this dude's telling the truth we're gone okay okay now but I have no this dude's not telling the truth and he's not supposed to be here and this and that do I not have the right to not help y'all do am I supposed to help you with the investigation against me is if you're doing nothing wrong then what are you worried about that's question because because this he started fishing okay such so once people start fishing I let them fish let them fish what do we call him fishing asking you for your ID asking questions of why you're information of information that you shouldn't be asking for okay so if you pull me up for one of those questions if you pull I I can't give you so much but if you pull me for something for for if you pull me over for something that I for an infraction I'll give you my I'll give you whatever you want but if I'm just if I'm just somewhere where you think let me let me let me finish where you think that I don't know them that they don't know me that I have nothing to do with them you're already you're you're making making it look that I'm doing something wrong when I'm not let me tell you something but I have to go bro I would love to stay here I would love to record you a whole day you like doing this and it's cool man I get it like I'm not it is what it is is it since last time I I started reading a lot yeah so whenever people ask me for ask me when they ask me for an ID when am I required to show an ID you know so what did you come up with huh do I need prob calls to ID you well once you detain me surely you read once you detain me right do I have to show your ID once I'm detained it I required by law to show you ID once I'm detained here in South Carolina are you required by law by law yes to show show me id once a cop makes contact with me I have to show you my ID no matter what that's what the law says if we can articulate reasonable suspicion that criminal activities are put yes so what was I do what what did he articulate to you because he didn't to me that I was about to do or about to commit that you were on this property not not the property I was on under the tree right here no I was on the side on the side so am I am I am I if I have an emergency can I can I park right here on the side of the road and and can a cop stop me and and ask for a license and and then and then say you're detained if you don't show me a license you see I get what you're saying if we were on the street I get you okay but you're saying just because I'm pulled in a little bit because you're on somebody else's property all right and can't give us a reason why you're here I won't you know what I'm saying not that I can't I won't so this different right because I could have a reason but I'm not giving you a reason well you don't have a a one that comes from the property owner I get it how do you know that did you you you just stated that you haven't spoke with the owner I could be doing no I'm just trying to give you I could be doing something that the owner told me to a reasonable person you've never been here before I understand call Lawn you're calling me no I've parked here before not on their front lawn maybe I was I was not parked on the front line as soon as your officer started getting my information I decided I that I couldn't pull back so I saw a way out right if there's a way out that means I can drive through it Am I Wrong well that's a drive-thru right that's you see how you that's not a public access way but if your if your officer is blocking my path right he hasn't got out of his car he hasn't detained me he hasn't turned his light on so am I free to go at that moment did he know you in the vehicle at that time came out it came out out with the vehicle I had my window open and I have my my my arm out mhm so my question to you is at that point if he hasn't detained me if he just pulls behind me if i c for next next time for my for my for my this is honest for my information is it best for me to stay there get out of my car or can I if I see a exit can I Can I exit I would stay there because again again I wasn't detain yet Reasonable Suspicion but I wasn't detain you drove off probably would have conducted a traffic stop on you and that would have been perfect for me but now but what reason does he has to stop me on the road oh my God I know I know we're going we're going I have to go bro for traffic infraction okay there's a thing look it up and he did stop me you see up Reasonable Suspicion okay that I'm I have to be about to commit committing or coming from committing it's like three past yeah about to commit yeah so I I do know I just can't explain so you understand that we can investigate yes based on being able to articulate Reasonable Suspicion okay we can investigate you or a person until that and and that's and that's what I told him investigate is dispelled but okay but it but I have to I don't have to ID yourself don't ID yourself and that's what I'm trying to tell you I I don't care all right okay then we're good I'm just saying I'm just trying to give you advice for the future don't park on people's property whether you think it's yours or you're supposed to be here or not all right and then just read up some more I've been reading I've been reading keep reading today was a was a good day can you I didn't do nothing wrong I'm cop stop did I'm not saying you I'm not stating you did but I'm saying your buddy stopped me he detained me until I called you he that's when he's look look where he's at not over here because I had to call you I'm going to be honest with and that's look that's the problem if he detaining you when you're trying to leave when he's trying to go out with you I understand that okay I don't I don't disagree you you know what I would have been fine with yeah him saying you're detained as soon as you're detained because you're in private property you're not supposed to be here I would have gave him maybe maybe or maybe not I would have let him do his thing if he needs to arrest me go ahead arrest me but you see yall won't do that we're not going that right exactly exactly y because you know how it is I appreciate your time look I I really appreciate that that you giving me this time because I feel like this is this is where we can you know because last time he left me really unsatisfied okay so now now that I called you I'm more satisfied that's what I'm that's what I'm saying it's important to note that the officer who initially approached Mr escoto didn't demonstrate overt intentions for a police stop without activating lights or showing Reasonable Suspicion of criminal activity as required by legal precedent the detention could be deemed unconstitutional and illegal under both federal law and North Carolina statutes Mr escoto chose not to file a formal complaint but discussed the incident with the police chief the chief assured him that the officers involved would undergo a refresher course on police misconduct as of now it's unclear whether the officers faced accountability for their actions