okay well what is going on now is they are going to have you trespass for cussing their employees so I'm waiting for them to bring forth so I need your ID I'm gonna give them my idea you can trust pass me as we leave I'll leave the store well I have to happen absolutely this is not stopping ID State yes if you are under an investigation under investigation you currently are that's why I'm here they have to ask me to leave the store constructing right now which is a jailable offense well do what you got to do all right well go ahead and put your hands back good there's a dispute between a store and a customer the store calls the police reporting something that's not a crime the police show up to investigate the said non-crime they demand ID now like many states West Virginia does not actually have a stop and ID law however if the police officer has reasonable suspicion that some crime was committed and that this particular individual committed that crime they can perform an investigative Detention of that person which can involve forcibly obtaining an ID from that suspect so what is the crime can the alleged crime of trespassing be used to detain an ID forcibly a shopper who has not been asked to leave the store and who has not been given the opportunity or even allowed to leave the store by the responding police officer on January 10 2021 my client John went to a Walmart of course during all this Insanity that shall not be discussed with those key words he was not committing any crime time he felt like he was being treated unfairly he was just trying to buy some products at Walmart and was in the process of attempting to check out but manager Karen at Walmart of course called the cops on him reporting that he was refusing to wear a thing that she wanted him to wear and using some bad words a police officer responded and this is her body cam footage so lucky cool he's what he's at work right now does he have any health issues he never stated that he just refused because if they say that he leaves online but he was cussing him and recording him and everything okay is he checking out yeah so what do you want me to do because if they're checking out and getting ready to leave you on me just kind of yeah because he was her favorite part he has a video with him okay okay more allegations from the Walmart manager of non-crimes having been committed check guy's about to leave the store check why don't we just go ahead and escalate the situation for no reason by the way if you want to see the footage that manager Karen is referring to let's go ahead and take a look at that then we'll get back to this body cam footage at his best I'm not harassing you sure are why don't you asked anybody else walking through here to put their mask up above their nose huh huh discrimination when I walk to the door y'all called out everything I had on three people walking that I stood there and watched three people walked in after me without a mask it's not a word who said I'm not putting the phone away this is for my defense no I will not put a mask on I've seen 30 employees around here walking around with their masks down and you want me to put one on hey can you give me a trespass form can you give me a trespass form that's business that's about to get fun yeah can I talk to you I need to speak with him what happened what happened what happened is I walked through the door and the lady at the thing just announces on the thing everything I'm wearing okay and three other people come in right behind me not wearing a mask not a word set that's discrimination okay do you have any health issues sweetheart yeah I do I'm I got uh I'm diabetic and I mean like any lung issues I asked my bronchitis anything like that I can't hardly breathe a half down okay all right that's beside the point there's well the issue isn't so much that you you didn't have a mask on because if you identify that you have a health issue asthma bronchitis I don't have to identify that well if they ask you it is but it is it is absolutely they can ask if you have one they can ask and I could not answer you can deny but they can also deny access to the store because they didn't do that okay well what is going on now is they are going to have you trespass requesting their employees so I'm waiting for them to bring forth so I need your ID so I'm gonna give them my ID you can trust Fastpass and leave I'll leave the store as of right now you're under arrest that's fine let's go I'm not violating your right yes ma'am you are this is not a stopping out east day yes it is you just cannot do passengers absolutely I'm not driving thank you very much as I said before West Virginia is not a stop and ID State there is no statute that authorizes police officers to arrest people for not giving them ID they have to already have reasonable suspicion that that particular individual had committed some other crime and this officer conflates that with all right well I can't forcibly ID a passenger in a vehicle during a traffic stop but I can forcibly ID some guy in Walmart trying to check out I'm gonna show you the rest of the footage and then I'll tell you how this actually went down in court I can still stop and ask you free ideas absolutely you are violating my rights I absolutely am not you are nope yep you'll see when we go to court that's fine that's absolutely fine I have not been trespassed I've not been asked to leave 338.com the minute when I ask you for your identification yes you do nothing wrong yes you do what's your Reasonable Suspicion of a crime I got called what is your recent submission of a crime for having me in handcuffs if you would speak if you would like commit a crime for you to ID me if I am conducting an investigation I don't care if you're investigating anything it don't matter West Virginia code I'm not arguing with you I know what West Virginia code section says and I can talk if I want to nope I don't care well that was an interesting conversation I'm not going to make any uh references to the Bravo network because that upset some Karen last time in the comments somewhere so I'll just let that fall where it may they get to the police station for processing and the doubling down continues perhaps tripling down hey how's it going oh good violation rights I get called to Walmart over this mask thing they want him trespassed because he's cussing employees being irate thank you very much where's your evidence and proof thank you get a call for an IRA customer stating he's costing employees so why not they want him trespassed so I'll walk up all right I got video film of that okay well I'm telling you what I was told so I um walk up to him ask him for his ID so that way they can trust passengers I do not no big deal I mean it's violation of my rights to have these handcuffs on me right now for what I've done nothing he's under arrest for obstruction right now I didn't obstruct nothing what's your violation of Rights well number one I'm handcuffed and I've done nothing wrong she asked me for an ID that's why I'm handcuffed because I wouldn't prevent her an ID when I've done broke no laws okay um I'm gonna explain to you one time okay because maybe you still understand it and that's fine if you go into a private business like Walmart they ask you to do something they didn't ask me to do nothing they called and said you wouldn't put a mask on they didn't ask me to put a mask it says on the doors all that stuff no I walked I'll tell you what can I tell you what happened can I actually finish it I understand I know what you're going to say do you yeah okay I absolutely do know exactly what you're gonna say what do you mean what am I gonna say you're gonna say when they tell me to do that and I do not do that they can ask me to leave the store correct which they never asked me to leave the store they never asked me to put them at school when we investigate across so we all want to call someone calls us to investigate something so we go okay so now you are part of a criminal investigation okay listen to me I'm listening okay you'll never understand if you keep talking I'm listening then if we ask you to provide your identification you are expected to provide identification you are supposed to provide identity not have to yes you have to yes you do yes you have to yes that's co-obstructing a criminal investigation wait and I've done nothing wrong when you won't provide that came inside this is what I'm dealing with it's awesome this is what happened I get a call for an irate customer at Walmart because he refused to put on a mask listen to whatever I'm telling you from my point of view okay I understand so I get a call crosscom stating that there's an IRA customer cussing management so I get a call for an irate customer saying he's cussing he's costing employees refusing to put on a mess so they tell me he's that registry all right I'll get up I said hey can I talk to you he says yeah I said hey did they ask you about a mask and they said well I walked in they put my clothing description out you know whatever he said three people behind me walked in without a mask I said okay well do you have any health issues she's like asthma he said I'm disabled I said you have any bronchitis and he said yeah I said that's all you have to say he said they don't have the right to ask me that they don't I said all right property it's hip belongs that's not how HIPAA Works they cannot ask you anything medically that's not how HIPAA Works actually let me let me use it and so I asked him for his ID so I asked him for his ID so they can write it on the trust platform because they want them trespassed for cussing for cussing the employees he refuses to give me his ID so he doesn't have to so I rest him for obstruction yeah well she was really confident throughout this whole process that there was a stop and ID statue in West Virginia and when she brought in all of her buddies all of her guy cop friends they all seemed really confident and they came in and sort of white knighted here and they had to educate the guy with the hillbilly law degree about constitutional rights that he just didn't quite understand well when it goes to court and there were several threats in there somewhere about well you'll you'll see when when you go to court but when he went to court initially as you can see the prosecutor didn't quite even understand the law either and was probably told that there was a stop and ID States uh statute somewhere in West Virginia law which was not and then they come back to court and apparently after doing the research the the resulting conclusion was is that the state I.E the prosecutor had to move the court to dismiss the charges against John so the criminal charges were dismissed haha turns out he was right they were wrong as always thanks for watching and this is a common thing that I see where police officers mistakenly believe that they get to solicit these trespasses and when they're called on a trespass complaint that they get to use that as the basis for potential obstruction charge for not providing ID at least in West Virginia the state law does not support that as indicated by the results here and other cases that I've been involved with so as always thanks for watching and make sure to give me your comments what do you think here did you see something in the footage that I missed or that causes you to disagree with my analysis make sure you subscribe for updates in this matter I I think you might receive some additional information here soon so make sure to subscribe I'll see you next time remember freedom is scary deal with it