Hey sir, how you doing? >> I'm good. How are you? >> I'm good. I'm officer over at Chis Township Police Department. Reason we're here is we got a call for suspicious vehicle. Okay. >> Someone passer by or whomever called said it was a white vehicle sitting along the power lines. >> I'm sitting on the power lines or sitting in a public street. >> Request supervisor. Valid tactic. Public road parking is legal. Anonymous tips alone don't justify ID demand under US law. Pennsylvania requires suspicion for stops. >> What's that? >> I'm sitting in a public street minding my business. That's all I'm doing. >> Yeah. >> Okay. Well, we got a call for suspicious vehicle. We're just checking on set vehicle. Are you the owner of the car, sir? >> I'm sorry. I'm not going to answer any questions. I invoke my fifth amendment right to remain silent. Can I get a badge number? >> 51. You like the supervisor's badge number, too? >> Yes, please. >> It's uh 37. >> And his name? >> Sergeant Brian Gilmore. >> Brian Gilmore. Okay. >> Would you like to speak to him as well? >> No, thank you. >> Okay. I just want to mind my business, man. People drive by here, see me parked here doing nothing wrong. >> Amendment, right? Not talk to us. >> Yes, cuz I'm not doing anything illegal, right? >> Literally just parked in a public street. >> What's that, Sergeant? >> Serge requesting your ID. >> I'm not going to provide that. I didn't commit any crimes. I'm parked legally in a public street doing nothing wrong. Nothing. >> Okay. >> All right. >> What's that? He says no to the ID. He's parked on public street doing nothing wrong. >> That's right. [clears throat] >> Okay. Well, >> just because somebody called in a suspicious car >> Mhm. >> doesn't mean you're doing anything illegal, did they specifically identify something illegal that I was doing? I trust I trust >> at this point. At this point, the reason we're requesting the identification >> Sure. >> is number one, we need to identify everybody we talk to. It's part of our routine. It's it's accepted and it's it's something that's been it's been it's been approved by the Supreme Court. >> Sergeant claims ID routine and Supreme Court approved. False. Heel versus Nevada requires lawful stop with suspicion. Vague call. No basis for demand. >> It's not been approved by any Supreme Court. >> Okay. All right. Well, unless you have a free all you want, but just because you think so doesn't mean >> Unless you have reasonable suspicion of a crime. >> Okay. >> I don't have to provide any ID, sir. >> But you're you're on one of our streets in our town. And in order for you to leave, you're going to have to be legally able to drive. >> Who pays who pays for these streets, sir? >> Excuse me. >> Who pays for the streets? >> Upper Chester Township. >> The township, right? The people. It's a taxpayer funded street, right? >> And I That means I can park here. I can travel through here also. I can stop on the streets. It's not illegal for me to do that. >> Did I commit an infraction? >> Say you're doing anything illegal at this point. So investigating a suspicion. >> I'm not providing any idea if I didn't commit anything illegal. If I didn't do anything illegal, >> there's no law. Sir, >> but then >> you heard me. >> There's an investigation that you have to conduct. And >> so far in your investigation, what have you concluded that I've done? That's >> somebody that's refusing to provide and that's not illegal. Am I Am I under arrest? >> Under the vehicle code. >> Am I under arrest? >> Huh? You're not. You may be. And we'll have to find out. >> Are you threatening me with arrest? >> Arrest threat under vehicle code. Pennsylvania title 75. ID only for operating during traffic stop. Refusal not criminal without suspicion. >> Am I threatening you? No, I am not threatening you. >> I am telling you that if I have to do my job, I do my job. That's an entirely different thing, >> sir. Well, conduct your job. I'm not providing any ID because I didn't commit any crimes. >> You don't need to commit a crime for us to ask you to provide. >> Yes, you do. Yes, you do. Yes, you do. You need without there's no probable cause. >> I have somebody that called in that this vehicle's been sitting here. >> Anyone can call any. So, if someone calls in here, a black guy is sitting here. Is that >> say anything about you being black? Anonymous tips need corroboration. Florida versus jail Supreme Court ruling. No crime evidence here. Race hypothetical highlights potential abuse. >> Well, I'm saying if they do, is that illegal? Do you can you just come here and identify? >> Say you were a plank flamingo either. So, >> but I'm not providing any ID. Where do we go from here? I didn't do anything illegal. Are you threatening me with arrest? >> I'm telling you that you need to provide identification. You're >> I'm not providing any point. >> You are required. >> Do your investigation. Go and talk to the person who called and find out what I did that was illegal. Talk to them. Do your investigation. Do a thorough investigation. You just don't come here and talk to me. >> Talk to them. See what I did >> because they called to talk to them. I didn't do anything wrong. You're not going to force me to identify anything, >> but do an investigation to see if I did anything wrong. First step, my investigation is requiring you to provide. >> I'm not providing any. I did nothing wrong. I'm sitting on a public street. You don't have the right to just pull up on me and say, "Hey, I need your ID." Because someone called. It doesn't work like that. >> Came here because that's exactly what you did. >> It is not, sir. >> You pulled up here because someone called and say, "Hey, I need your identification." Doesn't work like that. I'm not providing it. >> Can I have your supervisor, please? >> I am the supervisor. >> I want your supervisor, Lieutenant. >> Supervisor is the chief. We don't have a lieutenant. >> I'm sorry. >> You're welcome to go to the police station and talk to the chief. >> No higher supervisor. Escalate to chief. First amendment right to record. Fourth, secure in papers without crime. No whim based demands. >> I don't have to. I'm not doing anything illegal. I'm parked in a public street >> until the laws of America change where we have to identify because an officer comes and say, "Hey, give me identification." >> Well, you need to work on on reading reading up on the court. >> I know exactly what it says. >> Okay. What does it say? >> I know what it says. I have a first amendment right to record. You have a fourth amendment right said you can't let me finish. Let me finish. I have a fourth amendment right to to to be safe in my effect my my my documents and papers unless I commit a crime. I do not have to identify. >> I'm not unreasonably searching or seizing anything at this point. >> We're trying to Yes. We're trying to ID. I'm asking you to provide identification. It's part of my job. >> And I'm respectfully respect. I'm refusing it. >> And in the state of Pennsylvania, if you're in operating a motor vehicle, which is what you're doing, >> I'm not operating a motor vehicle. You absolutely are. I'm parked on a public street. >> You're in command and control of the vehicle. I'm parked. Operating while parked, Pennsylvania courts requires movement or intent. No DUI signs. Overreach on control definition. >> On a public street. >> You are under the influence of alcohol or another drug. I could arrest you for DUI, but you're not. >> Parked on a public street. >> Okay, >> good. That's what I'm doing here. You're parked on a public street doing nothing illegal. >> You're the subject of an investigatory detention. >> Okay. Can I Can I get a Can I get a case number, please? >> Can I get a Can I get a case number? >> Nope. >> I need a case number. I want this documented. >> Okay. We got You're welcome to go to the police station and request a report. >> We're not going to know who you are cuz you didn't provide us any ID. >> I don't have to. Can I get a case number? >> Nope. >> You're not providing me the case number? >> That's correct. >> Okay. Well, then you're not getting any ID. >> Okay. >> What's the next step? >> Um, you'll probably get a citation for failure to provide driver's license. >> Oh, yeah. Let's go ahead. Go ahead. Go ahead. Let's do that. Let's do that. You're tyrants. That's what you are. You threatening me >> for doing nothing wrong. out of here. Gilmore. Yep. Hey, >> what do you want? >> Him. I'm not talking to you. This guy here, you're >> not talking to him. You're talking to me. >> I'm speaking to him, sir. I'm allowed. He's a He's funded by the taxpayer. >> What do you need, >> sir? Can I get an incident number, please? >> I don't have an incident number yet. >> You're not getting >> Can you call the dispatcher and give me a incident number? >> I'd like to document this. >> Police station, grab the incident number. >> So, you're not providing incident number? >> I don't have an incident number till I go back and do the report. I can't just pull one out of thin air. >> All right. Let me talk to >> Well, he doesn't have one either, and that's supervised. >> I just want to talk to him. It's just fine. 849 going to harass me for >> away from my dog. >> For doing nothing wrong. Stay away from your dog. I'm not I'm not allowed. >> Stay away from the dog. >> I'm not approaching the dog. >> You walk right close to the car. >> Is it illegal to be close to the car? >> I don't want you to get hurt. I don't want you to be surprised. The dog smashed up against >> The door is closed. I'm not going to be surprised. I'm sorry. Should Hey, can I come in there? Hey, do you do you mind giving me incident number, please? >> Yeah, >> that's all I wanted. Last >> name's Clap. Badge number is 44. >> Thank you, Clap. >> Hey, have a good one. >> I just want incident number. Literally, that's all. >> We don't generate an incident number until it clears. >> Until it clears, what? Like the call >> radio system? Yep. >> And you're about to clear it. I would assume >> you can get it tomorrow. Okay. >> So, no incident number. >> Police department. No, not right now. >> All right. >> Yep. >> 842. >> No, no arrest. Rights upheld. US lesson. Suspicion required for detentions. Subscribe for more audits.