John Cho was traveling from New York to Georgia when a rainstorm hit and he decided to pull over and rest in a Murphy's gas station in Athens, Georgia. A gas station employee who noticed the vehicle in the parking lot for over an hour called emergency services to have a welfare check done on whoever might be in the vehicle. Athens, Georgia police arrived and found John Cho taking a break from his drive reading a book in the backseat of his car. His welfare was fine and it could have and should have ended right there, but it didn't. I'm just uh stopping for the just stopping. Is that okay? >> Yeah, there's some people that are concerned cuz you've been out here for a couple hours. I want to make sure you're okay. >> Okay. >> You got some ID on you? >> The officer tells John that he's simply there to make sure that John is all right and then immediately asks if he has ID because the only way to tell if someone is okay or not is by seeing their ID. >> Yeah, I do. But um I can move if you want. >> You don't I'm not saying you have to. >> I'm just I'm just resting. >> I know. I'm not accusing anything. They want us to check on you. I just want to know who I'm talking to, that's all. >> John Cho agrees to move if he needs to, but Officer John Lavali lets him know, "No, you're not doing anything wrong at all, but I need to see your ID." >> I'm just passing through. So, >> okay. I need your ID. >> Um, did I commit a crime? >> You're loitering. >> If I'm trespassing? >> Yes, you are. Because you've been here for hours. I need your ID, sir. >> Uh, are you going to arrest me? >> Do I need Am I Do I need to? >> I don't I don't know. I didn't. >> Okay. You need to identify yourself. Please provide me your identification. >> Officer, if I committed a crime, I >> Yes. It's called trespassing and loitering. That's a crime. >> I don't believe I've been trespassing. >> Okay. It doesn't matter what you believe. You need to provide your ID. >> All I was doing, officer, was reading a >> I need your ID. I mean I you're going to arrest me because >> if you don't provide your ID I will >> just for my car >> for trespassing and loitering. You've been here for hours. That's not normal behavior. >> I I just >> It's not normal behavior. I need your ID. >> I don't know what you mean by normal behavior. Is that >> nor people don't park in gas stations for hours? They come get gas and they leave. They come to the store, grab something and leave. You've been here for hours. I need your ID. I >> I've actually been doing this for >> Give me your ID or we're going to Then you're going to be detained. >> You're going to arrest me >> potentially? Yes. I'm trying to provide you an opportunity. No, I already explained to you why we're here. >> Provide your ID. >> Sir, I didn't do anything wrong. I don't >> provide your ID. >> I'm not required to provide. >> Yes, you are. When we're investigating a complaint? >> No, you're not. Sir, can I sergeant? Yeah, sure. >> Okay. >> I'm going to get out of the car. Okay. >> After John refuses to give his ID, the Athens, Georgia police officer goes inside of the store to try to solicit a trespass. >> Morning. Okay. >> I don't know. He's being difficult. Do you want a bar? >> No. Good morning, huh? >> He's coming from He's not even from here. He's from New York. So, I don't know what he's got going on. >> I mean, I wasn't even going to call him, but it's like every weekend this is something that's happening to me. >> It happened last weekend. We can. >> Yeah. Last Saturday guy was sitting on pump 7 for about an hour. >> No, that's not normal behavior. I agree. >> Different. >> And he uses about 5:45. >> I mean, pouring down rain. So, I was like, maybe they just needed to pull over. But, you know, come in, say something. We open at 6:00 a.m. I don't know what the hell you doing. >> Yeah. No, I get it. That's you tucked in the corner. It's like that's how things I get it. Um, do y'all want Do you want to borrow him or do you want What do you want to do? >> I mean, >> you can. It's up to you. I mean, I don't work for the store. You >> I mean, he hasn't came in here and did anything or But I want to b him for no reason. But hell, I need to get off this property. >> Okay. >> Go somewhere else. >> I probably should go ahead and borrow him cuz he's going to come back and say, "You're the one called the cops on probably." >> I mean, I don't I don't know this guy. He's not from there. He's from New York. So, >> I really >> I get it. It's a crazy world we live in. >> The gas station employee now says that she wants John trespassed because she's concerned that he might come in and ask why someone called the cops on him. >> Yeah, they want to borrow. >> They do want to borrow him. I'm trying to explain to you the >> the nature of our investigation. >> So, here's the thing, sir. >> They want to borrow you from the property. Okay, that's on them. That's their right to do. So, in order to do that, at this point in time, it is a criminal trespass warning. Okay? It's not an arrest. However, it is something where we do need your ID so that we can fill out the paperwork and officially make it that you are barred from this property. Okay? So, at this point in time, because they want to do that, we are going to need your ID. Okay. I just need to um fully understand what's going on. So, I I parked my car here during the rain. um they called you. I don't know exactly when, but um when you guys arrived, um you asked for my ID. >> I refused to give my ID because I didn't believe I uh did anything wrong. Um but now you went to the manager, whoever this person is, and they are asking for a bar. I'm just trying to explain >> a trespass warning. So what they're doing is they are barring you. They are trespassing you from the property, which means if you return back here, >> then you will be arrested for trespass. Okay? And so for that process, we will need your ID. Okay? >> So just so I understand, um they're asking me to leave. >> No, they're ask they're telling you you're not back allowed on this property. They're making an official report and do and documenting that you're not allowed on this property. >> Okay. I haven't been here before. >> It doesn't matter. I'm just trying I'm just trying to understand >> you say you keep trying to understand but we're explaining to you the process so and and you keep going back to the point that we've already explained. All right. So here's the thing. We get your ID. We put it in the system. We trespass you from the property. You're on your way. You're never going to return here again. So it's not going to be a problem for you. >> But John doesn't want to give his ID. He doesn't want to be in their system. And legally and lawfully he doesn't have to. He does have to leave the property which he has no problem with but he doesn't want to give his ID. So the Athens, Georgia police arrest him. According to Georgia statutes, John Cho was neither trespassing nor loitering. So the police charge him with obstruction for refusing to give his ID. Now that statute doesn't fit either, but that didn't stop a prosecutor from prosecuting John. All right, we got to go to jail. All right, put hands on your back, please. Thank you. Because the prosecutor chose to prosecute a case that had no probable cause, John Cho had to hire a lawyer to fight the charges against him. Jon Cho's lawyer filed a motion to suppress evidence, claiming that the detainment and arrest were unlawful in the first place, and therefore any evidence found during such detainment or arrest were violations of Jon's Fourth Amendment. They refer to the initial 911 call from the clerk at Murphy's gas station in which the clerk states, quote, "A car has been sitting in the parking lot for over an hour and that she doesn't want to approach the vehicle." She says, quote, "I don't know if they're handicapped or if they fell asleep or if they're okay. I don't know what they're doing." When the 911 operator asks if the clerk wants the vehicle to leave, she initially agrees, but then says, "I guess I'm really just trying to make sure that they're okay. There's so much going on in the world today. They haven't come in and said anything about needing to sit there for a while, so I don't know why they're there. The court determined that the call was clearly not to report any criminal activity or even have the person removed from the property. The call was asking for a welfare check. The court determined that officer Lavali unnecessarily escalated a welfare check into some sort of criminal investigation and unlawfully detained Mr. Cho without reasonable articulable suspicion of a crime. The court granted the motion to suppress and the charges against Mr. show were thrown out. But Officer Lavali and the other goons on site never have and never will face any consequences within the system free legally, binding someone up and taking them to a cage. With no consequences for their actions, no criminal charges, no prison time, they'll continue to do the same things over and over again. While you and I and other taxpayers will likely fork out money to pay Mr. Cho for what Mr. Lavali did to him, Mr. Lvali himself will face no consequences. An independent investigation of officer Lavali's intelligence level determined that he will likely never even be able to comprehend the meaning of reasonable articulable suspicion, let alone be able to apply it in real world situations. As we look back at this arrest, we see that multiple other officers were on scene. But we can't find the good cop who says, "Hey guys, I have an idea. Let's not violate Mr. Cho's rights." I keep hearing that 99% of cops are good cops. So, I'm sure it's just a fluke that on this particular scene, not a single one of those good cops showed up.