If we suspect a crime has been committed, will be committed, or is being committed, we can lawfully identify you. And he believes there's crime, so we can lawfully detain you. So go ahead, officer. You do what you need to do. What crime? When I ask you vacancy while I talk to him, why would you do that? Is he on your PA system? Probably. I'll got him. I'll deal with him. He was walking down the street. That's not illegal. You failure to identify to me. You're going to sit there. I'm going to make you fingerprint. And it takes about three months for me to get fingerprints back to find out who you are. And I will make him sit there the whole entire three months. You got a supervisor. You got somebody in here. You're not going to run your mouth to me cuz I'll just punch you on your face. We're going to put you in that punch in my face. Absolutely. Would you like to see me do it? That's what you'll do. Absolutely. Are you close? Are you suicidal? Are you? Welcome back to the Lackluster channel. Today's story was submitted by a viewer named Mason, who was walking down the side of a road in Missouri. Officer Schmidt of the Sunrise Beach Police Department noticed him and pulled over to quote, "check his safety." The CAD report claims that Mason was possibly intoxicated with Officer Schmidt later stating that he was stumbling down the road. He was stifled. Note that Mason is only 20 years old and does not consume alcoholic beverages or narcotics and was not under the influence. Sunrise Beach PD is refusing to release Officer Schmidt's body cam footage, but while on scene, he requested backup and officer Shoemate of the Lorie Police Department arrived on scene about 6 minutes later, activating his body cam a minute and a half after his arrival. I have committed. Are you intoxicated? No. You've got the smell of odor on you. Okay. Committed a crime in the state of Missouri. In the state of Missouri actually time out. Okay. This is how this is going to go. If you're if we suspect a crime has been committed, will be committed or is being committed. We can lawfully identify you. And he believes there's a crime, so we can lawfully detain you. So, go ahead, officer. You do what you need to do. What crime? What crime has been committed? Don't pull away from him. Well, I'm not What crime has been committed? What's your name and badge number? What is your She said she said you were an ass. You have to identify yourself. She's in a silk car. I'll run up there and see if What's your name and badge number? Yo, you have to identify yourself. Mason is taken into custody. And while Officer Shoemate is accurate with his definition of reasonable suspicion, his articulation of his suspicion leaves something to be desired. The video starts with the officer stating that Mason has quote the smell of odor. You've got smell of odor on you. Okay. We can reasonably assume that he meant Mason smelled like alcohol. An assumption that is contradicted by both officers later in this video as they both admit neither of them smelled anything. Sme. The current reason for Mason's arrest is failure to ID, which is a secondary charge if a suspect refuses to identify after having been lawfully arrested. But with the officers both admitting that neither suspect him of being intoxicated, arresting Mason for not providing his name is a blatant violation of his Fourth Amendment rights. Mason's girlfriend was at the scene prior to the body cam footage starting and was told to leave. And now that Mason has been cuffed and detained in Officer Schmidt's vehicle, they convoy to her vehicle up the road. How are you? Good. How are you doing? Well, got an officer that's going to come talk to you. Okay. Say what? A couple different things. Okay. Disobey a lawful order. Okay. If he tells you to move on, that means move on. Okay. Which is illegal. He said he told you a couple times. So, I'm going to have this officer come talk to you and we'll determine what's going on from there. Okay. I just came to the side of the road cuz that's my boyfriend. Okay. Just wanted to see what was going on. Now, when I ask you to vacate scene while I talk to him, I'm confused. Why would you do that? Is he on your PA system? Probably. I'll deal with him. [Music] What's your name, man? Officer Shoemake PD. Yep. What's your uh Hold on one second. 330. We could interact. 330, bro. [Music] ID. I don't. I'll get your ID. I I don't have my ID. Okay. Will you give me your info on my person? Social media pen. Yeah. Okay. What is your name? Taylor Sim. Sm. He was walking down the street. That's not illegal. Despite the fact that Taylor was blocks away at this point, they are asking her for her ID for failing to move on. So, here's a little bit of word of advice for for you and when he gets out um because he's being a lot nicer than I would in this situation. Okay? You failure to identify to me. You're going to sit there. I'm going to make you fingerprint and it takes about three months for me to get fingerprints back to find out who you are and I will make him sit there the whole entire three months. Okay? For one, if that officer believes he's been drinking, he's walking down the road, it is actually a crime. It's public intoxication and it's a safety of himself. I'm just telling you right now, I know I know what public intoxication is. It is a crime. Okay? If he believes there's crime being committed, has been committed or will be committed. He has the right to identify anybody in the state of Missouri. Okay? And if that officer believes so, he has full identification. With him failure to do that, if it was me, your boyfriend would be sitting in jail till I got his fingerprints back in 3 months. Understand? Mason has still not identified himself, and it sounds as though officer Shoemate said that he would use his perceived power to jail him for up to 3 months while waiting to identify him if he were the arresting officer, claiming that if an officer believed that Mason was intoxicated, that it's a crime. In a moment, both officers admit that they do not smell alcohol and do neither field sobriety tests or blood alcohol tests to verify whether or not they could arrest him for public intoxication. However, revised statute of Missouri 67.305 explicitly states that counties or cities are not to arrest or punish for public intoxication. Dealing with an intoxicated subject is further outlined in 67.315. It states that a person who appears to be intoxicated may be taken by a peace officer to the person's residence, treatment service, or jail for custody not to exceed 12 hours. Of course, the statute also grants officers immunity from prosecution for false arrest if the officer has reasonable grounds to believe the person is intoxicated. So, at this point, the only question is whether the officers reasonably believe that Mason is intoxicated and what grounds they make for their claim. Let's hear from the officers themselves. I didn't never get close to him. I can go talk to him though if you want. See if I can get him calm down a little bit. I could have smell anything. Both officers have now admitted on video that neither of them have reasonable grounds to hold Mason for public intoxication other than Officer Schmidt, claiming that he stumbled a little bit while walking down the side of a dark, windy road in the middle of Ozark's in Sandals. Taylor is released and Mason is transported to Camden County Jail for public intoxication and failure to ID. The audio is difficult to pick up, but I've done my best to caption important parts. Note that Mason has still not identified himself. I'd explain to him first what would happen if he don't comply for 3 months sitting in jail. [Music] Listen to me. Just run. Okay, that work. [Music] What crime did I commit? Did you tell me what crime I committed? I told you you didn't. No, several. Okay. You know, right now I'm sorry. What What crime did I commit? What did I do? You can't tell me stand up so you can Yeah, sure. I'm going to pull you down now. Okay. Mason's personal belongings are taken and stowed in this box. This paper was released through a public records request. It is a 12-hour hold form with revised statute 67.315 as a header. The officer's reasonable grounds for the public intoxication 12-hour hold is quote refused to identify walking down highway while possibly intoxicated. At this point, there is still absolutely no evidence to substantiate the claim of the officer. And like a good patriot, Mason has still refused to identify. You got somebody. Okay. Can I ask you a question? Um what what do you need to force somebody to identify? So I say I'm walking on the side of the road. Anything that happened to you out there with No, I understand. I'm asking you a question. You're a cop. How are you? You're What are you supervisit I'm not I'm not playing your little [ __ ] games. I'm not playing any games you want in here. You're not going to run your mouth at me cuz I just assume punch you on your face and then put you next to your punch me in my face. Absolutely. Would you like to see me do it? That's what you'll do. Absolutely. You keep running your mouse. Is this There's 15 cameras in here and they all have audio and you're threatening to punch. Absolutely. Absolutely. Why? Because I can do that. You can I just did, right? You didn't punch identify yourself to this officer though. Well, if I do, then what happens? I don't know. What? What does What does he have on? I'm going to tell you or No, I don't need a shirt at this point. You heard that right. This coward, Jerry Pedigo, is not only believed to be the supervisor of the Camden County Jail, he also operates the facility with impunity and disregard for the safety of his inmates as he threatens to attack Mason for asking questions related to his detention. State official citizen asks a question, threatens with violence, knows he's on audio and visual recording. If that isn't an egregious violation of Mason's First Amendment rights and a disgrace to the authority bestowed upon this official, I don't know what is. Imagine if the cameras weren't there. Note that Mason has still not identified here indefinitely until I get my fingerprint. You think that's how that works? Uh yeah, just so you can say your name, huh? Well, if I do, am I free to go? So, what happens after I'm free to go? So, you did all this because what? They did all of this because they believe they can get away with it. Here, Officer Schmidt tells Mason that if he identifies, he would be free to go, proving that the officer had no reason to believe that Mason was intoxicated and that the 12-hour hold was retaliation for flexing his Fourth Amendment right to be secure in his person, papers, and effects. What's your first name? Spell it correctly. All right. What's your name? Shoot. No, I'm not threatening you. If I was threatening you, then you would you would know. Okay. I don't make What's the date of birth? What's your date of birth? You have any money on you right now? Yeah, I do. How much? I don't know. You can count it if you want. Are you okay? Are you injured? Are you alcohol drug? Are you suicidal? are you? The officer eventually claims that Mason was walking on the wrong side of the road almost an hour after making contact. However, no charges were filed and Mason was set free after about an hour and a half in a cell. Mason was locked up at 10:01 p.m. and had still not identified. The CAD report shows that just 5 minutes after being locked in his cell that his name was entered into the system. It is likely that the officers found his ID in his personal effects taken from him earlier in the video, which I have obviously edited, but luckily you can see the full version, or at least what the departments involved have elected to release to us in the links below. The officers claim that this was all for his safety. Do you think Mason was more or less safe in this jail? Let me know down below. And please discuss what you think would be appropriate punishments for the disgusting acts we just witnessed. Ask yourself what would happen to you if you kidnapped someone, tied them up, caged them, and threatened them with violence, all for not telling you their name. Thanks for watching. If you have a video you'd like me to review, email it or send it in via Facebook Messenger. You can also view this and other content on my website. 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