do you have your ID on you sir what kind do you suspect has been committed have a seat so I can watch you safely I am the supervisor have a seat you have no reason to be ordering me around if there's no crime that's been committed have a seat so I can talk to everybody safely unless you can tell me what crime you're suspecting I don't have to listen to this damn thing you're telling me have a seat on my car last time can I have your name please now we get dispatched to at that moment we have a requirement to perform an investigation and now you're still arguing with her to call a police officer a Nasi to say we have no right to do this to say we're doing criminal things because we're doing our job is an issue [Music] you do you have that right not to say anything and if you choose to and take that right then you end up in jail that's what I'm trying to work through with you we understand that there's there's a group of individuals that feel that they don't have to abide by the laws okay they feel that they're they're there's constitutional rights and all this other stuff we understand that okay but you're not seeing it for what it is welcome back to the civil rights lawyer Channel when I say that freedom is scary this is exactly what I mean just because somebody is scared and calls the police or just because the police who then show up are scared does not affect one's constitutional rights just because somebody called the cops just because the cops want to investigate something that does not then mean that a person can be detained and forcibly id'd as a result of that this footage comes to us from Nick Fela and this occurred very close to where I grew up in Cocoa Florida I grew up just down the road there are plenty of cops there with really very little to do so you have stuff like this that happens so Nick is just sitting there this is back in 2016 but he's been pissed about this for years and he finally just got the body cam footage I think this footage really can be instructive because this there is so much confusion on this issue just because the police are called just because they say they're conducting an investigation does that mean that they can do all of this like they did to Nick but first let me tell you about the sponsor of this video rocket money I'm really bad about subscribing to services online and then forgetting about them it's too much to keep track of especially when I'm trying to save up for my kids college funds and also cigars and that's why I use this video's sponsor rocket money rocket money is an all-in-one Finance platform that helps you save more and spend less this personal finance app allows you to manage subscriptions or bills build a custom budget and grow your savings all in one place I'm using rocket money to cancel unwanted subscriptions it's safely and securely identifies recurring charges and cancels these unwanted subscriptions for you with just a tap and you never have to get on the phone they do it for you I also use it to monitor my credit rocket money alerts you of important changes that impact your score and offers you insights on ways to improve it if you want to save more and spend less go now and join the 3.4 million members using rocket money I've got the hookup go to rocketmoney.com civil or click the link below in the description to get started for free you can also unlock even more features with premium that's rocketmoney.com civil to get started for free get your money right by using rocket money thanks again to Rocket money for sponsoring this video now let's get back to it alright here's what Nick says happened on September 5th of 2016 in Cocoa Beach Florida and Brevard County Sergeant Amy Moon arrested me and impounded my vehicle for no ID while sitting at a Lakeside I offered ID if she had Reasonable articulable Suspicion which he did not but tried to pretend that she did turns out from the arrest warrant affidavit that an anonymous caller was suspicious that the women that he was with who were in their 30s in reality may have been underage which Amy Moon determined on the scene that they were not and also this Anonymous caller suspected drug activity which was in no way occurring Sergeant Amy moon during this encounter did in fact procure his driver's license from the women and then ran his plates that matched his ID and she was holding his ID in her hand but still retaliated against him for not saying his name even though she knew who he was and that she had no reasonable suspicion at any point soon guys come down off the top of the van come down so I can talk to you I can't hear you come down so I can hear you [Music] yes come down here so I can talk to you come down here you too man do you have your ID on you sir what crime do you suspect has been committed do you have your idea I will gladly talk to you do you have your ID on you if you let me know what time has been committed I'll be happy to show you mine okay that's not how this works ma'am come out of the van don't go inside the van okay tell you what have a seat have a seat we're not going to do this have a seat you can arrest me if you'd like I want to arrest you've been a crime we don't need to make a difference have a seat so I can watch you safely and have a seat I am the supervisor have a seat you have no reason to be ordering me around if there's no crime that's been committed have a seat so I can talk to everybody safely unless you can tell me what crime you're suspecting I don't have to listen to a damn thing you're telling me all right keep your hands out of your pocket have a seat have a seat what are you arresting me for you're not under arrest but if you don't want to look if you don't want to listen if I can't go freely it's called being under arrest have a seat because I won the team stand at the van when police officer asked you for identification I don't know if you're a real accomplished to your idea you could be seriously no seriously I haven't seen any of your information I haven't committed any crime this isn't freaking Nazi Germany I don't even show you your damn Pages unless it's birthday crying 47 stepnest no move don't move ladies do you have your ID how old are you okay how old are you ready yes this is ridiculous all you have to do is provide ID that's all you have to do I don't know if you're a real cop your delegation of authority orders so there's those that you have authorities you can be arresting have a seat on my car no reason even though I haven't submitted a crime that's called Nazi no idea [Music] himself either so his work on hand ID himself anytime a police officer stops to check out with somebody for whatever reason we get called here we gladly explain it to people but first things first which is our safety and yours we need to identify who we're talking to so is there any reason why he wouldn't tell me who he is in your 30 you said what's your idea for last time can I have your name please now I'm recording because if you don't give us your name you're going to go to jail this is your last chance if you don't identify yourself you're going through the county jail sir listen to me if you don't identify yourself you will go to the county jail for resisting do you understand that yes okay I'm gonna do Society the only reason I keep buying is under direct and it's under arrest okay nobody is threatening you other than telling you Florida staff do you have to identify yourself as a police officer that's [Music] [Applause] I'm back here right now does he have a warrant or something is that why he doesn't want to tell anybody does he have a bad driver's license on probation anything that he doesn't want to identify himself to [Music] so far um this this is my boss this is Sergeant Moon okay I explained to him that I explained to him that he doesn't seem to understand that he can't be here in a bathing suit and I explained to him that you have every right to lawfully potatoes figure out exactly what you're doing Phoenix Arizona Colorado Works a little bit differently obviously okay 7874 I advise them that it is plugged me away and I will tell you if they don't want to come here's the thing when you go to a different state you have to buy those state laws you don't have an option you have to abide by state route I'm not gonna argue I'm not trying to argue with you but I'm pretty sure that there's not a state issue this is a federal issue I I'm not obliged well when we're here to offer I call that we get dispatched to at that moment we have a requirement to perform an investigation we cannot do that if people are not willing to cooperate and identify themselves which is something you are required that's all this identifying yourself you are required it's not a casual contact I guess I'm here we've also got done here for a specific reason s that's the crime right there now [Music] I don't understand where the the she's she's explained it to you she was dispatched here in reference okay I don't understand where there's a block there bro I was happy to hear I didn't even imagine yourself I said look he didn't but she does not have not tell you what she's here for until everything she's got an officer safety issue she's down here by herself there's three people okay okay just picture put her put it put yourself in our shoes bro change it around there's a three of us and there's one of you right or wrong do you think I'm gonna tell you anything until I know one I'm safe and to who I know I'm dealing with I'm just waiting on vehicle information still to come back [Music] right [Music] and he's not gonna get it she's not gonna get it as a ball he is still here to tell me his name you realize that [Music] his girlfriend gave him up because he he said I'm gonna give it to you him I don't get the whole Sovereign citizen thing I don't know it feels that we have to tell him why we're stopping versus yes on here 10 13. what the [ __ ] before have you understood any of this yet yeah it's Florida yeah this is not Colorado you cannot buy go by what you think in Colorado in Florida when a police officer gets dispatched to a call we have every right to determine who we are dealing with you have no choice but to go by Florida law not Colorado so because you thought I don't have any rights to identify who I am dealing with as a police officer you're now sitting in a car to paint do you see your the the issue to call a police officer a Nasi to say we have no right to do this to say we're doing criminal things because we're doing our job is an issue because it would take me two seconds to shut this door and take you to jail so I told you in the beginning I don't want to do that I told you that but you refuse to give me your name still when a police officer checks out with you there's a reason for it if you want to continue the argument about refusing to identify yourself you'll end up in handcuffs on the back of a police car if you want to hand over your ID there you go officer what's the problem today then you can figure out what the problem is but you have a choice of doing that or continuing the argument that you started and well then you're in handcuffs in the back of a car at what point has anybody beat you or aggression yes I can I can arrest you if I don't submit hurry it's not some arbitrary incident when a police officer asks for your identification on a call that's not an arbitrary decision that's a law and I'm still here trying to make you understand a law versus somebody just harassing you you do you have that right not to say anything and if you choose to and take that right then you end up in jail that's what I'm trying to work through with you you have that right to completely keep your mouth shut and not say a word to me but you're gonna end up in jail it's not worth that is it is it worth it to you to go to jail to identify yourself to me so I don't know your name so I'll just go with hey you my name is Michael trying we understand that there's there's a group of individuals that feel that they don't have to abide by the laws okay they feel that they're they're there's constitutional rights and all this other stuff we understand that okay but you're not seeing it for what it is okay she came here for an investigation okay she had every right at that point to find out who you are what you're doing out here and why you're doing it as long as those things are everything is figured out and scored away should have been all right you know what I can I can go about the rest of the day here and you would have been on your Merry way made it difficult you felt that there's some type of constitutional right that that you don't have to to abide by her requests her lawful orders to give you your ID you're now interfering with an investigation you're resisting her without violence she's out here by herself there's three people which adds to everything and I guarantee you I've been to Colorado bro I've been to Colorado I've been to Fort Carson Colorado I promise you if I would have told a Colorado cop hey I'm not giving you my ID resisting is resisting and no matter what state you go I've been to Texas been to Colorado been all over I promise you about a total cop in any state I'm not going to give you my ID and he's there for a lawful purpose I'd have been in handcuffs okay but then see there you go that goes to there's three people and she's out by herself a police officer will always explain things to you once a situation is safe they will never not explain it to you the requirements are to keep me safe and keep you safe safety comes in first once I know who I'm dealing with then I tell you okay this is why I get called out here We're not gonna just randomly do this we are going to explain everything explain the entire situation but once everybody's safe safety will always come first period no exception so when I have somebody who refuses to identify himself that causes a heightened alertness for a police officer when I have somebody who gets in my face and wants to call me a Nazi tell me take him to jail he's not gonna have all those things that people do and say you're going to end up in Hancock because I'm going to go home tonight and I'm going to do what I got to do to make sure you go home tonight even though a police officer deals with things like this in the name calling and people who want to get in our face we still are required to make sure you go home safely and you're not understanding what we're trying to tell you all and all that my safety and your safety will come first and I will tell you everything about an investigation once I Know Who You Are that's the problem we're stuck at so I'm in your post a half an hour 45 minutes with these officers and you have yet to tell us who you are okay you're not understanding exactly what it is you want me to just go ahead no no you're not understanding well we're we're bending over backwards to try to help you at this point understand things so here I'll tell you what Nick said happened and then we can discuss the legal aspects of it the corrupt judge claimed that there was probable cause for the arrest and charge for 500 Bond on top of the impound fees I hired an attorney for a thousand dollars and the prosecution dismissed the case I didn't know how much this encounter would affect me for so many years it made me lose all faith in trusting police who had uphold the law and the boundaries that are set for them I spent thousands of hours watching other videos and researching the long to try to understand this but now I simply just wish I had worked harder to find an actual civil rights attorney to sue her but I didn't I only recently got the body cam footage by submitting a request with the Department paying the 40 fee surprisingly they still had it after five plus years had passed but the encounter still affects me today and when I was arrested they put me in the mentally unstable section of the jail with a bunch of crazy people and had me do a mental evaluation before I could speak with an attorney or the judge Etc the Jailer said they were told that I'd claimed to be a sovereign citizen which I hadn't I either when I finally did make a complaint to her commander quote in quotes last month via phone he cops blamed it away that she didn't need to articulate the reason for her investigation to me but that still didn't justify her demanding my ID without a reasonable articulable suspicion he made me lose the last bit of hope I had in the force which pushed me to learn how to procure the footage I love your channel I'd be really happy to see you do a video about my encounter I think this video is a very good example of the cloud of misunderstanding that surrounds this issue first of all as far as what the commander said it's correct that a police officer on the scene does not have to articulate to the person when they ask what their Reasonable Suspicion is for detaining them however there still must be some objectively reasonable reasonable suspicion that at least could be articulated after the fact by lawyers and judges for a detention to be legal what that then requires us to do is to look at the footage and determine whether the facts whether under these facts it was objectively reasonable for a police officer in the same position as this Amy moon was to believe that Nick had violated some law just to be clear no state in the land including Florida can have a law that says police officers can demand your ID under threat of arrest even in the absence of any reasonable suspicion that you had committed a crime because it would violate clearly established U.S Supreme Court precedent police officers cannot detain you and thereby invoke the Fourth Amendment without this objective standard having been met therefore there has to be some sort of information available to the police officer under the totality of the facts that a crime some crime was committed it could be a traffic violation but what's what's important and sticks out here is there was no alleged traffic filing Nation although this this guy was on top of his van at the time this was not a traffic stop there were no allegations that there were any traffic infractions committed usually when you're dealing with this is more of a bystander situation the standard is going to be higher for police because they can't just point to some sort of one of the hundreds or thousands of equipment or traffic violations on the books they have to point to some actual crime that's alleged to have occurred now here a lot of times with with these cases we're dealing with a caring call basically just because somebody calls 9-1-1 if they don't allege that a crime has has been committed then there can be no Reasonable Suspicion and even if they do there's a case law out there that says that Anonymous callers with nothing more and Report things to the police they need to corroborate and here best as I can tell there was some sort of anonymous call that said the two girls that this guy was with looked like they could be underage and perhaps they were scantily clad okay even assuming that that that was Reasonable Suspicion for a some sort of detention to take place these women were in their 30s and very clearly this police officer should or any objectively reasonable police officer should have been able to tell that these were not underage women yet the investigation the detention continued for like 20 30 minutes plus so no crime was committed and this is Cocoa Florida and right across the Intercoastal Waterway is Cocoa Beach Florida where I would be willing to to guess any particular day there are hundreds if not thousands of underage women who are scantily clad and men with them it could be a father with their daughters so no crime at all was alleged and this looked like it was some sort of a park setting so no crime was alleged no crime was observed after law enforcement arrived there is no law in Florida that says when police officers encounter you just to ensure their safety they get to take your ID they get to be told your name and run a background check on you no that is not the law and for some weird and ironic reason they spend this entire encounter trying to convince this guy that that's what the law is and if he doesn't respect that incorrect analysis of the law that he's some sort of sovereign Citizen and that information then makes its way to the jail oil in retaliation for everything that happened and that's really what we see here is this is a classic case of First Amendment retaliation this was a non-issue no crime was occurring but because this guy made any attempt whatsoever which really wasn't that aggressive to assert his constitutional rights I mean how dare he he suffered the wrath of this female police officer and then her underling who over and over again just tried to force feed this guy incorrect constitutional analysis the female officer admits on her body cam footage over and over again that it's completely unnecessary to arrest this guy I mean she has his actual ID in her hand she knows his name and yet she is trying to instill some sort of respect for her Authority some sort of respect for the government and if he if he won't acknowledge it and just say his name then he's going to pay the price and he's going to get arrested and which she did do completely unnecessary and completely illegal so this was a false arrest so this was this was an illegal detention which violated the Fourth Amendment and this also was a false arrest which violated the Fourth Amendment why because it was done in the absence of any probable cause the charge that he was arrested for was resisting without violence and you can look up the 11th circuit case law which governs a federal constitutional law for Florida and it says that that particular statute requires reasonable suspicion so if there was no Reasonable Suspicion there is no underlying probable cause to arrest this guy without a warrant which there was not and that's why the prosecutor dismissed the charge so this is what cops do you can beat the charge but you're not going to beat the ride they're going to take you through the process it's all about retaliation and they really do need to be held accountable for this so we have an illegal detention we have a illegal false arrest we have First Amendment retaliation and probably a couple of others that I could think of but the the most important thing that I think needs to come out of this video is that people need to understand one that police officers do not necessarily have to articulate to you at the scene what the Reasonable Suspicion is but it does have to objectively exist there has to be some 9-1-1 call or something like that that is sufficient objectively and Constitution additionally to start some sort of Investigation there by which a police officer could detain you it can't just be yeah this guy looks this guy looks Shady you can't just be a hunch by a police officer it can't just be a police officer who doesn't like people of a certain skin color it has to be objectively reasonable information under the totality of the circumstances that some crime had been committed so what does that do it just creates somebody like Nick who for the past five years plus is just brooding over this and now he he doesn't like police officers he doesn't like his government that's what this results in and a lot of times you know what it does involve female police officers doing this look at the video I did in West Virginia that we're now litigating where it was a female cop who arrested that guy in Walmart and over and over again argued with him just like this woman did here on the way to jail at one point during the footage they say to Nick it's not like we were beating you or something and that's how a lot of police officers officers misunderstand the Constitution they think that they can only violate your constitutional rights if they use excessive force if they beat you if they do something that they subjectively feel is wrong they don't even think about your your Fourth Amendment rights when interacting with your government and the basic question of well am I free to leave or is my government like seizing me and holding me here against my will I mean that is an important concept it's an important concept under the law that they apparently do not teach at police office at police academies all over the the country I mean this is a supervisor who has been working this job for years interacting with people and maybe a lot of times it goes very well because people are scared when they're dealing with police officers and they comply but what happens when you meet someone like Nick who's not a sovereign citizen who's just a he's he's Nick and he respects his constitutional rights and he he didn't think it was right that he's sitting there with these two women on top of his van overlooking a lake and and sunny Cocoa Florida and the Man shows up and they're going to harass him make him get down off his van make him you know treat him like a criminal you know I don't blame Nick for for reacting that way it all just comes back to this concept of freedom is scary and that is an extremely important concept people need to understand yeah it's easy to just hand over your ID it's easy to just tell them your name but it's always a slippery slope if we lose the right to do that if the government can detain us for any reason whatsoever really there we are pre-revolutionary War where the the British army could detain us without a warrant they could come in our home in our home without a warrant there were General warrants that were not specific to me that's where we will end up and that's why these little battles are important so if you like learning your rights for these little battles police officers or random citizens who like to hang out on top of your van make sure to subscribe at the Civil Rights lawyer.com and also hear almost at 400 000 subscribers on YouTube I really do appreciate it remember freedom is scary deal with it foreign foreign