Hey, you got your ID on you? Yeah. You don't have an ID? No. You don't want to identify? You go to jail. Let me talk to him cuz this is my jurisdiction now. I understand. What do you need an ID for? I'm out here talking to you. I'm going to get an ID. I ID everybody. You have no reason to be here. I do have a reason cuz I got a call. But he does have to identify himself. I'm on a legal standing call. Correct. You're getting a little bit aggressive right now. I don't care what you're calling. All right. Well, you know what? Put your hand back. Okay. Welcome back to the Lackluster channel. Today's video was submitted by a viewer named Jason before the footage begins. Jason says he witnessed an older man driving recklessly. First by going straight in a right turn only lane, nearly causing a sideswipe, then making a sudden left turn that almost caused a t-bone collision. Jason pulled beside the man to ask if he was okay. The man angrily claimed to be a police officer, but refused to say from which agency, telling Jason that it was none of his business. He then instructed Jason to pull into a nearby parking lot. Both men parked and the older gentleman flagged down a passing officer with the Montichello Police Department. The officer pulled in but stayed inside his cruiser while the man began speaking to him. But as Jason approached, the man pointed at Jason, yelling at him not to come closer. Jason standing at a distance tried to explain what had happened, prompting the officer to finally step out of his vehicle and activate his bodywn camera. Right. Listen, Mr. Turn right from the inside lane. You came left from the inside lane. You You almost behind me. What did you do behind me? I was driving, sir. [ __ ] You turn right at the red light. You come back. Catch up with me. I ain't putting up with your [ __ ] Look. Look. You done almost caused two accidents on You did, Mr. Atkins. You did, Mr. Atkins. Huh? Have a seat in the vehicle for me. Let me talk to him just like I talk to you. You talk to him. Listen, let me talk to him cuz this is my jurisdiction now. I understand. I understand. But you're you're getting a little bit aggressive right now, M. I apologize. Okay. I apologize to you. You got understanding accident. That's all I'm asking. Wait a minute. Wait a minute. Let me just Can I just say something one more time? What caused an accident is 18 wheeler. You barely squeezing throwing a bird at me. What? No. No. No. How? Yeah. You got one in a bird at me. You think it's right? You think that's what I did? You think I waved at you or I threw a bird at you? You threw a bird at me. You sure about that? I'm both positive. Okay, I'll let you believe that. Okay, he cut you off. Okay, I'll let you I'll let you believe that I believe all that you need. That's fine. Look, man. Thank you, sir. I appreciate you. Hey, you got your ID on you? No. You don't have an ID? No. What do you need an ID for? I'm out here talking to you. I'm going to get an ID. I need ID everybody. You have no reason to be here. Well, I do have I do have a reason cuz I got a call. This is not a trick. I don't care what your call is. All right. Well, you know what? Turn your hands back. Okay. Listen, if I'm conducting an investigation, you know it's against the law. No, it's not. You violating our fourth amendment, right? Not violating four. What do you think you're doing right now? You're under arrest cuz you're identify. That's the second. Okay. You know, give me your other hand. Stop. You know this is against the law. No, sir. It's not against the law. Fourth amendment. No, it's not. Yes, sir. It is. No, sir. You can't just stop and Yes, sir. I can. I have a reason to be here. I'm on a valid call. Why do you have to be here? I had a call about a reckless driver. And who? You and me. Did you witness this? Okay. Can you witness and and perform a an arrest on something you didn't that you didn't see right now? You're being charged with obstructing governmental operations. Do you have your wallet on your ID? Cool. And I don't give you the right to go in my car. Well, you don't have to worry about that cuz you're under arrest. I can look in the door. No, you don't. You don't have the right. I do. No, you don't. Okay. You know this is you know this is you know you can take it up in court, buddy. Take it with you. I don't have to take it up with you. This ain't court. Have a seat in there. Exactly. Jason has now been arrested for obstructing governmental operations as there is no specific code for failing to identify in Arkansas. And even if Arkansas had a stop and identify statute, the officer would still require reasonable suspicion of a crime which was not present. Backup units arrive and officer Burgess meets with them where he reveals knowing the older man is an officer in an adjacent jurisdiction. This is the caller. That's the caller. This is the vehicle. This is This is a deputy from Ashes County. They both were being heated and he loud. I told Mr. Atkins to sit back in the vehicle, ask this man for his identification cuz I I know his identification. He said he don't have to identify himself. But he does have to identify himself. I'm on a legal standing call. Correct. You don't want to identify, you go to jail. I can't leave this vehicle sitting in the middle of the parking lot. So, we going to check see if we get a tag or anything off of it. The car returns clean and the officers begin an unlawful search of Jason's vehicle. There's a firearm in the door. During the search, they sees his firearm and identification. There's his ID. While searching through Jason's wallet, the camera is turned off. It is reactivated about a minute later, showing Officer Burgess returning to the vehicle. It's about that time that a local sheriff's deputy arrives on scene. Wow. Your qualified immunity is gone. That's all they keep saying. Who is this? This is Jason. Oh, what a he says I am police. That's what he kept saying. He said there's no reason ID. There's a call. That's what I There was a call. I know. I have a reason ID. I hope he's taking him to jail. Oh, he's going to jail. Start the governmental operation. And I'm going to tow a ride. Is he the one that got out cussing? Yeah. Well, no. He was cussing, too. I just heard somebody cussing. Atkins was cussing at my window. Arrested. Yeah, cuz he want ID. I had to go find his ID. Call on them two road raid whatever. He's fing ID. He said, "No, I'm not giving this is a qualified immunity. I am the police." He ain't know that police, bro. I don't know. This is the same, right? Yeah. Why not? Cuz he said he don't have it's not it's not a traffic stop and I don't have a right to ID. But I had a call on these two vehicles. I have a reason ID. I know. Officer Burgess now returns to his cruiser and speaks with Jason. You can't violate the law. I didn't violate the law. Yeah, you violated my Fourth Amendment, right? Okay. Well, it doesn't matter cuz I'm towing the vehicle. Matter. My Fourth Amendment doesn't Your rights do matter, but they don't matter to me cuz I'm doing my I'm doing my fourth amendment doesn't matter to you. Cool. Jason, I already know who you are. I ain't worried about you. You just violated my right. No, I didn't. How do you say you didn't? What? What right did you have to ask for my driver's license? Because I had an illegal law. What was the legal reason? Because I I've already identified him identifying you. What do you need to identify? Is that going to show you a crim? Is that going to show you a crime? No, it's not going to show you. I'm glad you understand that. Okay. You cannot ask my Sure, I can. Yeah, you're right. Sure. But I'm going to tow your vehicle, too. 313 PD. Go ahead and send me next list code 11 for that vehicle. Officer Burgess spends the next few minutes searching the contents of Jason's vehicle. Returning to his cruiser to stow Jason's cell phone and firearm. I can't leave it in the vehicle since I'm towing the vehicle. This guy right here. No, sir. How do you know? It doesn't matter. I'm stowing the vehicle. Well, I'm still towing the vehicle. I don't have I don't I don't know what you're talking about. Sure. Okay. You have no legal reason to do anything. Sure. I'm glad that you're trying to be passive aggressive. I'm not being passive aggressive. But you're wrong. Okay. I'm wrong. I know you're wrong. Okay. Sure. I'm trying to tell you. I don't I don't believe I'm wrong. So, I'm going to go ahead and we'll just take in front of the judge. Sick of this [ __ ] already. That's okay. You don't remember me, but I I used to work in Ashley. I remember you. Mhm. The bad part is I used to work for him, too. Really? What? I worked I worked at the same department he did right after he left. He was a cop. Oh, he's just an ass. Is he? So, it's not It's just everybody he can be an ass to. He's going to be an ass, too. Apologize for my language, ma'am. But that's all I need was just your ID. Um, you want to do reports? Yes, sir. I am going to be doing a report on everything. You just with the hell? Are you going you go arrest? Yes, sir. Yes, sir. He's going to jail and I'm towing his vehicle cuz I I I don't if I ask you to give me your ID, I don't I mean I'm not asking you. I'm telling you you're going to give me your I mean I have a reason especially whenever this call. All right, sir. At this point, it's clear from several of the officers statements that Jason was an officer in the years prior and that almost every officer on scene knew who he was. Cool. Jason, I already know who you are. I ain't heard about you. Who is this? This is Jason. Oh, what a officer Burgess also made it clear that from his previous work experience with Jason that he doesn't particularly like Jason, making his decision to arrest him appear retaliatory rather than a lawful exercise of his authority. I'll help you take him to jail. Oh, he's going to jail. Start the governmental operation and I'm going to tow a ride. In his report, officer Burgess wrote that the older man was aggravated and upset. In contrast, Jason appeared calm and amicable until after he was arrested. Let me talk to him cuz this is my jurisdiction now. I understand. I understand. But you're you're getting a little bit aggressive right now. M. I apologize. Okay. I apologize to you. You got to understand an accident. That's all I'm ask. That is all the officer thinks is necessary to require a citizen to identify a vague accusation from an aggravated man. The courts would likely find that the events that followed were textbook examples of Fourth Amendment violations, unlawful arrest, illegal search and seizure, and retaliatory towing, all without a shred of probable cause. The case is still being heard in court with a pre-trial hearing set for August. Let me know what you think in the comments down below. And if you like this video, be sure to check out another episode linked on screen. [Music]