yes sir I do what is your suspicion it looks like you're carrying a gun in your back pocket I'm stopping to make sure you're carrying it properly you don't have to ensure that it's not a firearm no you keep turning so I can't see it you don't have to be a dick to me well you're being one to me no sir I'm doing my job am I detained yeah you are what's your name and date of birth it does not matter yes sir it does do you have a crime would you like me foreign on October 31st 2022 Jim Hodges illegally blind man was attempting to walk home he had a foldable cane that he uses for navigation that was in the rear pocket of his pants a police officer suddenly appears out of nowhere and says that this cane appears to be a firearm Mr Hodges takes issue with the detainment that he's involved in and he refuses to provide his ID so in order to legally detain Mr Hodges the officer is required to have Reasonable Suspicion particular to Mr Hodges that he has committed some crime here she alleges that her Reasonable Suspicion is possession of a firearm however that alone is generally not going to be valid unless accompanied by some other information that's particular to Mr Hodges that informs the officer that he's not supposed to be in possession of a firearm note that Florida does still criminalize open carry of a firearm in some circumstances more on that in a moment all right don't you know we're gonna watch the stock before or a walking stick and it could look like a weapon she asked you to really send it okay now she's asking me for ID okay I don't need the idea unless it's a reasonable articulated suspicious and I have committed a crime and committed a crime and are about to do a crime sir and her suspicion was that you were armed okay she's asking me for your ID well now she has verified that I am not on it right so there is no problem I do have my ideas you don't need it okay a quick surge of case law pertaining to Reasonable Suspicion and open carry of firearms under Florida law reveals the case of Kilburn versus state from 2020 which holds that it's not a violation of Florida open carry law for a person to briefly and openly display the firearm to the ordinary side of another person unless the firearm is intentionally displayed in an angry or threatening manner not a necessary self-defense that case also explained in regards to concealed carry of weapons that in Florida 2 million seven seventy four thousand seven hundred and eighty two residents were licensed to carry concealed weapons as of January 31st of 2020 and this represents thirteen Point eleven percent of Floridians over 21 years old based on these numbers approximately one out of every Seven Persons over the age of 21 May lawfully carry a concealed weapon in Florida the thought that these millions of people are subject to seizure by law enforcement until their licenses are verified is antithetical to our fourth amendment jurisprudence and that's a quote from Kilburn versus state so that was a 2020 case this interaction you're watching here is happening on Halloween of 2022 so almost 2023 who is responsible for this supervisor here no wonder this video played out like it did how many of these incidents has there been you know one other thing that I'll note that I forgot to add assuming even assuming that Reasonable Suspicion did exist for the initial stop the initial detainment once the officers realized that it was actually a cane for uses of navigational aid for a legally blind man the Reasonable Suspicion then ceased to continue the detainment so they would have had to now had additional or new reasonable suspicion of some other criminal violation to continue or to escalate the detainment foreign okay thank you I want your names and badge numbers 1257 on there six five four twenty seven I had to walk up here in the dark for jury duty which was canceled why don't you use your stickers 26. all right Mr Hodges was that that hard it's gonna be I want your name in your badge now I put in yourself for resistance okay the most troubling thing about this video is that when the cops realized that they had screwed up what did they do did they immediately release Mr Hodges no it appears that that was about to happen when Mr Hodges expressed criticism and threatened to seek accountability for their misconduct then both the baby cop and the supervisor cop collectively conspired to then further deprive Mr Hodges of his civil rights by continuing the illegal detention as well as now for arresting him in retaliation for his protected Free Speech right to criticize police officers the fact that Mr Hodges was arrested in the absence of probable cause means that a false arrest has occurred which is technically an unreasonable search and seizure under the Fourth Amendment but what about the claim that Mr Hodges quote resisted arrest even though there was no valid underlying offense offense for which he can be arrested another Florida case again I'm not a Florida lawyer but I briefly searched Florida case law as it can vary between states when you're looking for the Existence or non existence of probable cause here's the case make in versus state Florida appellate case from 2003. it explains that a suspect is lawfully allowed to resist an unlawful arrest in Florida so long as it's done without violence easy peasy all right let's go I want your name in badge number two sir has he'll pick my property up please I sure will see I'm going to pull this out of my back pocket here here I'll grab your jacket for you too as always thanks for watching check out my blog at the Civil Rights lawyer.com Make sure to subscribe on YouTube and also follow on Facebook also hit me up on Twitter at johnbrien Esq also the civil rights lawyer there let me know in the comments if you disagree with my analysis freedom is scary deal with it I'll see you next time foreign [Music]