police officers usually have detailed information about a criminal before arresting him or her and act accordingly but sometimes people who are not even involved in the crime in any way can fall victim to police arrest what happens if the police realize that they have arrested the wrong person on October 16th 2021 officer Paul guab and officer Holly Harris of the Dallas Police Department conducted a traffic stop in Dallas Texas involving Sylvester Hayes a single father on his way to pick up breakfast for his children thinking they had stopped Sylvester Hayes a man with a very similar name to Mr Hayes but a different one the officers moved quickly the confusion arose because the second person was wanted on a Family Violence warrant I'll explain to you I I didn't give you permission I know step out I'll explain everything no sir tell me why I didn't give you permission right now you are being detained come on and step come on and step out we going to get taste come on and step out have come on and step out come on and step out come on and step out step y hold on hold on bro come on and step out on me for what I give y this is my gun the officer reached in through the driver's side window unlocked the door and ordered Mr Hayes to step out of the vehicle while he was being detained when Mr Hayes refused to comply the officers tried to pull him out but he remained seated a court with jurisdiction in Texas has consistently held that the fourth amendment is implicated when an officer reaches into the interior of a vehicle in one case the Court held that a State Trooper had trespassed into an area typically protected by a legitimate expectation of privacy by opening a person's car door without a warrant in a different case the Court held that opening a vehicle door or entering domestic airspace constitutes a search and requires Reasonable Suspicion before conducting such a search therefore it is highly likely that officer Bob's Act of reaching inside Mr Hayes's vehicle would be considered a fourth amendment search moreover the relevant chapter of the Texas Penal Code provides that it is a crime to willfully obstruct a peace officer in the performance of his or her duties while Mr Hayes's refusal alone does not constitute resisting arrest his resistance to the officer's attempts to remove him from the vehicle particularly his use of force in the opposite direction could be construed as obstruction furthermore the relevant chapter of the Texas Transportation code mandates compliance with lawful orders or instructions of a police officer in a recent case precedent the court concluded that a reasonable officer could find probable cause to arrest a person for violating this statute for failing to obey lawful orders if the court found that the traffic stop was supported by Reasonable Suspicion it could find probable cause to arrest Mr Hayes for refusing to exit the vehicle the Supreme Court found that officers May order individuals to exit their vehicles during a legitimate traffic stop without the need for additional suspicion what the for man what am I being detain for if you let us tell you shut tell me right now what am I being for man help help help help help me8 this as well and start um record pleas I got no get in the car you're getting this because you're acting this way this is 100% And I'm not your know y don't even understand y beig trouble go for it I don't care y beig trouble you under Mr Hayes resisted the officer's attempt to put him in the police vehicle which led to his arrest the circumstances of his initial arrest are unclear but his subsequent actions could result in a conviction for resisting arrest under the relevant section of the criminal code this section defines use of force against a peace officer as violence physical aggression or the immediate threat thereof in previous cases convictions for actions such as shaking and pulling away from arresting officers have been upheld despite the uncertainty over the legality of the arrest Texas law considers it irrelevant in determining resisting arrest however the relevant section of the Texas Penal Code provides a potential defense that permits the use of force if the officer uses excessive force and believes it is immediately necessary to protect oneself Mr Hayes can argue that the officers used more Force than necessary and to do so he must show that the force was excessive and disproportionate 1 2 up in big trouble Man Dam you see how Scot back scoot back yeah in his right pocket pocket and he kept going like this too he kept reaching no I did after checking Mr Hayes's driver's license in the Dallas Police Department's database officer Harris realizes that they have mistakenly arrested the wrong Sylvester Hayes in an earlier case the Supreme Court upheld the constitutionality of arrests based on mistaken identity holding that an arrest is valid when officers have probable cause to arrest one person and reasonably mistake another person for the first in a different case it reinforced that the fourth amendment allows for some mistakes by government officials and recognize that searches and seizures based on factual errors can be reasonable while it may seem unreasonable for officers to assume that Mr Hayes was The Wanted Sylvester Hayes without checking the database courts have been Pro police in defining what constitutes a reasonable mistake in a recent case officers mistook a man for his half brother and the court granted qualified immunity the court noted that the constitution does not guarantee a thorough investigation of claims of mistaken identity although Mr Hayes has a plausible argument proving a constitutional violation seems to be a difficult path given the wide latitude given to the officers I got I got W 380 Ser number is going to be that is my weapon this is my name that's my weapon is in my name I got doing this for no reason man I came in late for everything and and they hand me so rough sir I didn't give nobody no attitude or anything sir like they say I fa the fil the signal at the at the stop sign stop sign I mean I was wrong for that look how they handled me sir I didn't do anything that there was a gun right but I wasn't pulling I told him I had a weapon that's in my name okay if they run it it's going to say Sylvester Hayes okay Mr Hayes there is a another Sylvester Hayes right and that Sylvester Hayes does have a warrant I'm fighting for my life man I got four babies at the house man like I got a good job I work security I'm I'm I'm trying to be one of y'all but like come on this how yall do this y do me to be y bro I do apologize like if you feel like they they roughed you up or whatever I do apologize so what it say about the gun sir when y ran thei when did it say when I ran it and you saw me run it it came back clear it's not stolen none of that right if they had their radio on I was complaining man they had the camera on I was complaining they didn't even try to hear me man okay got another magazine start doing traffic she's running plates okay I'm like he run that Hyundai and it pops up red she kind of looks at it but by that time we had already lost them as she's searching the name that she put on there whatever was on AIS had continuous Family Violence you know warrant and he fails to Signal within 100 ft from the stop sign you know we obviously pulled them over so he got the reason for contact yeah I was just like you have your ID with you and so he gives it to me and obv I hand it over to her and she was like Sylvester Hayes like that's the name that was under warrant but so you got a good warrant well he do tickets he does have the tickets so you got uh jail traffic resistant arrest right yeah we have filed sign feet he had a gun in his pocket cuz he kept going like this so crazy is he a feeling uh he has not been convicted no felon no felon but if he resisted he resisted you know what I'm saying so we got him on that right yeah so that we good so yeah so I just find out the Lester ended up being like the third or something like that but as soon as I saw the Lester Haze I was like okay let's get him out realizing that Sylvester Hayes had been falsely arrested the officers went on to charge Mr Hayes with resisting arrest and carrying an illegal firearm despite later confirming the legality of his weapon on December 9th 2022 some 14 months after the arrest the prosecution dismissed both charges Mr Hayes then filed a lawsuit against the city of Dallas and the officers involved on October 16th 2023 alleging constitutional violations such as excessive force and false arrest in his complaint Mr Hayes alleged that being held in jail for days caused him to lose his job as a security guard and that the arrest ruined his life the pending charges rendered him unable to work in his field caused him to lose his home and left him unable to care for his four young children as of the current date the case is still pending on September 8th 2022 an officer with the Bartholomew County Sheriff's Department responded to a 911 call reporting suspicious activity at a storage unit when the officer arrived on scene he encountered Ed three individuals loading boxes into a pickup truck the officer told them to stop and explained the reason for the visit based on the 911 call the three men then cooperated and stopped their activities one of them agreed to produce documents to prove that the goods they were transporting belonged to him hey guys how you doing how are you good yourself I'm all right um can I have everybody step out here please yeah including those too yeah yeah gu good man oh we got a report of you guys is there a third yeah yeah yeah yeah come on he wants you out here okay so basically what happen is we got report of you guys loading up things into your vehicles right yeah um it's his step they just closed and he needed to get his step out I understand do you have any proof that uh probably find a bill or something you know mean is that fine do you have your driver's license by chance yeah yeah can I borrow that please on email kind figured Y show up can I have ID sorry okay thank you and if you two could just like or if everybody can stay where I can after receiving proof of ownership from one of the individuals the officer continued running their IDs in the patrol vehicle despite evidence showing the legality of their actions the officer discovered a potential warrant for Bradley Bowman dispatch clarified that all three were allowed to move their belongings without issue despite this confirmation the officered assisted in investigating further I do [Applause] thanks is that the bill man is that the bill uh no this is just I I I got just proof that your mine okay yeah that's all right oh you can back over can you log one large paper ground bag of evidence secured in my vehicle please distri 340 can your advise what items they're not supposed to have and could you also confirm that j4 on the Brandon Bowman subject I'm my ADV that you can take this stuff he just wanted them to leave I guess sir h L to the party what's going on nothing it's what it sounds like it sounds like that [ __ ] The Bowman subject might have a j4 though okay but not in unit are they no they're just Jesus hi yeah what's up guys yes oh sh while awaiting confirmation on the warrant three additional police officers arrived at the scene the the original officer stepped out of his Patrol vehicle muted his body Cam and engaged in a conversation with the other officers although the content of the discussion remains unknown it raises suspicion notably dispatch had not confirmed Mr Bowman's warrant at this point but the officer decided to take him into custody regardless this I'm going to be kind of not happy no I'm good no I I got it if it up being a thing I got it's not a problem if your a is [Applause] close sorry about that's you yep that's you um Brandon can you stand up for me man all right yeah um it looks like you might have an active warrant man so just until they confirm or deny can I I'm going to detain you for what keep put your hands behind your back for me go ahead for me all right it looks like failure to appear man failure appear for what I'll tell you I'll tell you we when we get to the cor right can you put your cigarette out for me thanks man you got anything that's going to St me poke me hurt me no okay do you have any property you wish to leave here uh I me over [Applause] side all right I'm going to pat you down all right is this just property right here are you going to want to take this with you I yeah okay I my phone okay is that just a piece of candy right there uh I don't yeah or is that a key fob you need to something no I don't need that okay I think it's like a Mr Bowman continued to show obedience although he was not told the reason for his detention he voluntarily placed his hands behind his back as the officer handcuffed Mr Bowman the station finally provided a date of birth that matched an individual with an active warrant it was the officer's duty to immediately verify this information with Mr Bowman who was cooperative and willing to help however the officer neglected this important step and continued to Frisk Mr Bowman informing him that there was a warrant out for his arrest for failing to appear despite Mr Bowman's apparent confusion the officer refused to clarify the situation and unnecessarily prolonged the investigation by Omission it looks like a ke fob looks like it's it's plastic I don't think it's candy I think it's like okay so you don't okay you don't need it what's this right here your phone my phone I'm going to take it out all right yeah that's fine all right is your key in your van uh yes sir you cool if they take [Applause] it take a seat for me can you get on the other side and pass that through to you SE belt yeah we had to cut down a tree that's why there's wood shavings back there man I'm sorry you're right I know they're uncomfortable but it's a short ride hey when you get a second yeah what's up can you send me your report number yeah 285 body cam yeah I'll I'll send it to you right now thanks sir y um excuse me sir can I can I get out you're you're behind me sorry yeah no problem man you tell me what that yeah I'm going to I'll look it up for you right now yeah no problem it looks just uh for failure to appear That's all I have on my end but when we get down there they'll be able to give me the actual warrant and I can tell you what it was for 340 your St um 106 in route one male j3 to bcj I know man it's this County yeah Baria great [Applause] [Applause] [Music] for let me see i' I've never had any sort of interaction with law enforcement upon arriving at the department the officer unlatched Mr Bowman's seat belt without verifying his identity and immediately checked the warrant on his computer the officer's negligence was evident as he failed to ensure he had the right person in custody Mr Bowman emphasized that he hadn't interacted with law enforcement in the county implying a warrant was unlikely the officer suggested the warrant might be from another County displaying confidence without proper verification out this County ever I've never lived here I've never yeah it just looks like failure to per it might not even been out of this County let's see 310 1993 that your birthday no 594 yeah know it's not me about that 594 yeah4 that's on them not me come on we're going to take it back huh we're going to take it back I'm going to take you out of those Tru that's on them not on me man I'm sorry I'm totally not even upset with you bud at all that's from dispatch so because they told me you were wanted and that's not yeah your fault or my fault the officer belatedly mentioned the possibility that the failure to appear charge might not even be from the same county in a crucial oversight the officer relayed the provided date of birth from dispatch to Mr Bowman who corrected it with his actual date of birth the officer realizing his mistake mumbled in acknowledgement and finally checked Mr Bowman's ID it became evident that Mr Bowman was falsely detained due to the officer's lack of responsibility and awareness instead of taking immediate responsibility the officer blamed dispatch for the misinformation received over the radio after acknowledging the error the officer uncuffed Mr Bowman stating he would be taken back to the storage unit property at you that listen here here's your ID backk um I'm going to take you back are they still there do you yeah I can I can call them and I'll meet them with you yeah uh I got in here here hold on get in the car now all right take you [Music] back open the door open the door are you leaving yeah are you dispatch confirm the wrong person oh so he's yeah yeah he's not even on 450 South like all the way South yeah I don't care City yeah oh yeah yeah yeah I can take you there yeah all right appreciate no that 39 340 I need to call you on a warrant but dispatch confirmed the wrong person so it's not going to be him I took him out of cuffs and I'm taking him to meet the people that he was with at the Circle K on State Road 11 um so I I didn't begin the booking process or anything like that I'm just going to document my report what happened exactly the they they confirmed the wrong Bradley Bowman I did and they told me he was 6 40 yeah but the socials are different yep 104 text me their number thank you so much all right I'm sorry man I'm just glad we I caught it before yeah yeah yeah yeah you're you're you're good man it's it's more on us than it is you and I apologize man is this the one you wanted to go to 26 all right man just to make sure you know what happened okay you have the exact same name and date of birth as as someone else so and the socials are just different so there let me let me tell you there are there's three to four of us and there's one in uh whatever County North Arington yeah there's one up here and then there's two of us in Jackson County Y and you know i' I've had this this incident you know not like like like this but yeah close to it so I I just want to make sure you know that I wasn't no you I I'm going to explain it to them as well well I can't wait till this story gets out so he didn't tell me your Park break was on that thing all the way down I got to park so what happened was he has the same name information as someone wanted I was informed that he was wanted right and the social security numbers were just off by a couple numbers okay you huh and that's that's what happened it it was just a clerical mistake on mine and dispatch's part he's not he's not in trouble right and everything's good feel a lot better than you I thought it was weird when he was calling me I'm like uh oh I didn't even want to answer I'm like no so you're not in trouble man again I my deepest apologies man I'm sorry my fault being doing your job job so I tried to press the is yeah yeah and I I was I was looking to he said you had a he when he said he had a warn he was like his face was like yeah look as long as you're good I'm good man all right yep problem you too you yep no problem thanks while there's no evidence of deliberate malice in this incident the officer's Behavior was undeniably irresponsible and negligent this serves as a reminder to be aware of your rights setting aside the misidentification of Mr Bowman it could be argued that he wasn't obligated to identify himself in the first place under Indiana state laws these laws dictate that you must provide your name address and date of birth or your driver's license if the police stop you for an ordinance violation or traffic infraction however since the officer had no evidence of any law violation upon approaching Mr Bowman and his Partners it's reasonable to say that none of them were obligated to provide identification from the beginning as of this recording Mr Bowman is seeking legal representation and intends to file a complaint in the case