no no no put your hands on the car you already failed to identify yourself on January 8th 2024 Joel Martinez a law student turned unexpectedly complex Joel found himself in Anthony Texas dealing with a rather common yet frustrating issue he had lost his car keys in a local junkyard while searching for parts to resolve the situation he Enlisted the help of a locksmith to unlock his newly purchased vehicle hello how you doing brother doing good all right right yeah okay that again uh I lost the keys and the junkyard over there okay so I called them to come and get the to come open the gate or what huh to come open the gate no the key the car the car is the one that lost the keys that lost the keys to the car oh like you went into the property and you dropped the keys yeah the I was in there doing you know like regular junkard Stu looking for my parts uh when I was leaving is when I found out you have my keys they let me go in look for them all over the 30 Acres of cars they have okay didn't find them so they just grab the tractor and moov move the car outside so I can call them blocksmith oh okay yeah that's we yeah cuz we got a call with a gentleman with your description that's why on the property were you the only one on there yeah he just got here to the no we had a description of your your description that you were walking around the property yeah I was here the car was closed so I couldn't get out this interaction was recorded on the deputy's body camera capturing a conversation that escalated quickly due to a misunderstanding and procedural misstep so let me understand is this car is yours well at the moment I just bought it first you already bought it okay you going to what's wrong with it besides the key it starts yeah it starts and everything just came here to pick up on story oh okay all right yeah they just sent us out here cuz I'm wondering if the owners cuz there's cameras on your brother oh yeah yeah so they uh saw saw you walking around yeah they also told me like they told me like oh the alarms activate after 5 automatically so but they Clos the gate behind you or what yeah okay they just move the car here and they close the okay what's your last name brother uh just myis I'm sorry uh I don't want to get any I didn't any information I'll just give you my firsto well I need your info man cuz I'm talking to you brother cuz you're the person that they called on so his first name n it's Joe what's that it's just just just like that I'm not going to give my information right now okay why not just just just okay now now here here's the thing brother I'm going to be honest with you Mr Martinez yeah Joel explained to the deputy that he had lost his keys while rumaging through the junkyard the property managers had allowed him to search the area but to no avail consequently they moved his car outside the junkyard to facilitate the locksmiths job now me asking you for your information is nothing illegal I'm just I'm just asking you because you're the person they called on I I need to find out who you are and you're telling me one thing so I got to call the property manager and ask them if they were the ones that allowed you on the property yeah that's that's the investigation right yeah yeah so I need your name brother well I gave you my last name and you could just you could just call the the property man and and have idea I do you mind if I see it I do okay why is that brother cuz I I don't want to be difficult man cuz you trying as long as long as I'm Cooperative with you you're cooperating with me man this goes a lot smoother for both of us okay well we'll leave it like this and we can call it you I'll give you my last name and that's about it cuz at the end of the day I don't I'm not legally provided to give you the full name I'll just just leave it at the last name bro okay well here's the thing is brother and I I I don't know I don't know where you heard this from or what but since I'm investigating what's going on in this property and you're the one that matches the description I need to know who I'm talking to now if if you want to take this further you want to complain you want to whatever it's up to you brother but see look I'm coming I'm coming to you respectfully bro who was Ito menes menes so I'm just investigating what's going on bro now if you fail to ID yourself I'm asking you lawfully to see who you are you're the one making it difficult now if you want to impair my my my investigation that's fine that's on you okay but I don't think you want to take it to that extent brother for giving me your name and date of birth no you have see see see I do Jo him oh no okay okay okay so I'm going to warn you now I'm going to warn you now brother you don't give me your ID or your full name I'm going to arrest you for failure to ID okay cuz this is I'm investigating brother that's all I'm doing okay okay okay it's fine like that okay I'll give you my my name after after what I say this all I need is your name and date of birth bro that's it I'm not asking you I'm not and I'm a loster in here too so I'm not I'm not asking you for blood sample I'm not asking for your DNA all I'm asking that's a CES some identification okay correct so I'm on to investigate are not are not reasonable articulable suspicion to suspect me of a crime under Florida versus J but I'm not here to argue with you yeah I'm not here to argue I'm here to defend my rights so I'm asking I'm asking for minut okay that has nothing to do with me cuz I don't know he doesn't it doesn't I don't know you either officer I thought you were I thought you were a chill officer when you got down like he my hands whatever they like he he respect my rights I'll just get my last name you're the one making this difficult all I'm asking for is your name it's really not difficult Joe a his knowledge from law school chose to withhold his full identification details providing only his last name he insisted that as he was not under arrest he was not obligated to provide more information and I'm not I'm not going to run your name I'm not all I'm do is that I made contact with you and that's it but now now now you're making it bigger than it is because all I'm asking is for your name and date of birth you don't want to give me your ID just give me your name and date of birth and that's it unfortunately the state yeah dud you have to identify yourself man you're making Texas Texas is more like all you got your you're making this bigger than it is brother that's okay we go on our way man all I have is Martinez you were giving me your first name like like a normal person would okay my name is not going to help you in your investigation first of all yeah but I made contact with you that's the only contact is not enough Reasonable Suspicion for you to se My identification you're not being placed on arrest or anything brother okay that's okay are you asking for my name I'm asking for your full name brother okay if you're asking for my name I I I exercise my Fifth Amendment right to remain silence if you're demanding my ID that's that's the fourth I'm not demanding did never demand all I said is give it to me okay now here's the problem I'm investigating okay ask for my identification or I'm asking you for name and date of birth that's all I'm asking for asking right that's it brother I'll don't answer questions this attitude led to a tense exchange where the deputy threatened to arrest Joel for failing to identify himself fully a requirement under Texas law when a person is lawfully detained Under Suspicion of being involved in a criminal activity all right man so you want play this part with me man I I got I got no you know what you don't need a supervisor cuz this what's going to happen is dude I'm going to place you under arrest for failure ID okay and that's going to be on you not me brother so you already said that it's going to be under arrest be under arrest if I don't give you my brother go so I'll give you my the situation escalated when Joel reluctantly agreed to show his ID but was then arrested before he could comply no no no put your hands on the car you already failed to identify yourself okay give me your left give me your right arm you got you want to play games brother I'm I'm here being nice and you don't want to give me your name and date a first and then all this just for a car bro that's it okay car so we can it yeah say he just purchased it all right come on bro all right stand right there no no you're staying right there cuz you're going to my unit you're under arrest I got some yard I got all right take there first time on the back of the car you see you're a lawsuit no y see you see you see when we get to the station see when you get to the station the deputy cited him for failure to provide identification which Joel contested arguing that his detention and the request for his ID were not legally Justified as he was not committing any crime yeah brother I think he was saying that they kicked them out yeah that's what they were I saw the notes of oh sh who's this you oh you're on days uh the other shift I'm on crossco shift cross oh okay so uh impound it said yeah impound the vehicle it's his so he can tell this guy to take off he doesn't need a beer all you need sir no dude I'm just going to go process this guy I'm going to present it and just going to read on his War Miranda real quick much wrong with this guy it's cuz he didn't want to give me his name dude he didn't want to give me his name cuz we're investigating cuz they called us he was inside the property and they wanted to know what he was doing he tells me find the car it is what it is man I think I saved [Music] it all right let's see I think I saved it in here somewhere great all right all right Mr Martinez before we go to the station I'm going to read your rights okay you have the right to remain silent anything you say can and will be used against you in the court of law you have the right to an attorney you cannot afford an attorney one will be provided to you if you decide to answer questions now without any attorney present okay you will have the right to stop answering any at any time until you talk to an attorney do you understand the rights I've just read to you with these rights in mind you wish to talk to me no I don't answer questions okay perfect so the police searched Mr Martinez's car and decided to take it away because they followed a standard procedure for checking impounded cars but there are questions about whether this search was legal because of how Mr Martinez was arrested and before we St further if you found this video informative don't forget to like subscribe and hit the Bell icon for more content like this hey part out I might take them to the to the station okay hey uh what's up hold on search your car did he have keys on him no there's no keys supposedly he he was telling me that he lost them inside he just bought this car from inside that's what he told me there's a couple of Grinders but there's nothing illegal right now he's saying he just bought this car inside the lot and uh he was in there looking for parts and he dropped the keys in there so he's waiting he was waiting for locksmith to start the car so um I need to call the owner to see if it if it's true so what you want to do you want to impound it what this car yeah yeah yeah yeah you go for failure to ID man during an investigation what is that I can also charge them with um what is that uh interference interference in my investigation so all right sir so I'm the supervisor here I was just made aware of what happened um so I don't think it qualifies for any crb okay doesn't qualify for a crb I'm going go ahead and release of course um I I want that number oh my God so [ __ ] piss now let me finish what's your B number mine yeah or your name Sergeant procopio 571 I'll give you a okay yeah I'm going get all cameras dash cam body cam what phone C everything it did not constitute a crime look what what he did talk over here who Martinez's case it doesn't seem like there was a clear reason to think his car had evidence connected to his alleged crime like you said this does not look good for the Department I'm say it of course searching it I understand that the deputy made a mistake mhm and when a person is arrested we have to do call an IM the incident unfolded when Martinez was stopped by the deputy due to a call about suspicious activity in the area he argued that there was no Reasonable Suspicion to hold him which made the arrest that followed unlawful yeah it's an imit i it's all part is not separate from the but when it's a when it's an unlawful arrest that makes an unlawful search it's an unlawful it was this this whole thing was unlawful the moment he put his hands on me that was unlaw be this whole situation became unlawful therefore that was an unlawful search I lost the guy that was going to give me a key so now now I have to call someone to come and pick me up and the car is going to have to stay wherever it's at still I I can't get a hand of a of a slsi right now during the interaction the deputy conducted what he referred to as an inventory search of Mr Martinez's belongings which included his phone wallet and car keys feeling wronged Mr Martinez demanded to meet with the deputy to hear his side of the story however the deputy chose to discuss the matter privately first with Mr Martinez who was eager to present his account of the events how can we fix it okay the deputy made a mistake that's going to be addressed of course well where's the deputy you said he was going to be here he's here but I want to meet with you okay well I give you my side I would like to hear the deputy side right here okay if that's fine fine um as far as your car there's your property I have your stuff right here you're pH your wallet your air yeah hand over thank you what was your name Frank Frank number 453 453 nice to meet you yeah I have I have the videos here I have I believe you I'm not I don't I'm just trying to get the facts as far as well those are the facts yeah from your point of view after explaining his situation Mr Martinez was informed that the deputy had indeed made a mistake the officer in charge acknowledged this error and assured Mr Martinez that it would be addressed um as far as us my understanding is that uh someone called MH and said that there was suspicious activity m i get it it's not a crime it's not but that's enough reason to detain someone not detain it's enough question to make contact when you IL legally detain someone that's already a cease of someone's person CU you temporarily are ceasing that person onto your Authority cuz if you tell me I'm detained I walk off right that's a question like if if you say you're D can I just walk off you're investigating a possible trust or possible that's not my question my question is if you're detain can can I just walk off like if you said hey you the answer to Le sir is yeah you can if it's a consensual if it's a consensual like for example like if you see talking about consensual yeah if you see me like jumping a fence that's enough Reasonable Suspicion to say okay I'm I think he's burglarizing that house if whatever it is the case whatever but that's that's or if some but if someone calls and say oh I saw this guy that looks like like me right now uh jumping off fence that is not that's enough for you to say hey you're matching a description where were you that's that's a consensual encounter you don't you don't go and say hey you're detained because we suspect you of trespassing because suspicion is based on the facts known to the officer not to the not not to the that's enough for what that's enough for so the detention was sof what you saying the detention was the fell IDE in the arrest was done so this whole thing became un cuz he first off he never said that I was attained never one said that I was attained I'm trying to answer your questions okay okay this question okay going back to what happened today he never said that I was UND detained so as far as I'm concerned I could have walk off because if you're just asking or it's a consensual encounter I can make it UNC contential and just walk away there's a lot of what is yeah I mean I can see here say that but that's why I'm trying to find the facts first from you then from the deputy and then we'll move on okay okay I'm done with my story we can have theut and give okay so what are you looking for uh I'm looking for a story now and then I'll tell you what I'm after it I I'll let you know what's going to happen Okay let me wa with him and then I'll be back okay his story is basically your story pretty much um so what I'm going to do of course luckily I C it on time yeah you were brought over to the station that was kind of a mistake of course uh so is going to take you the situation escalated when Mr Martinez requested the presence of the Deputy who had detained him he wanted an apology and an explanation directly from him does want to see you it it's a different process of course you do have a complaint well okay let's put it this way if he comes here and apologizes to me I won't litigate this whole thing it's up to you I mean I I can always my job is obviously make it better for you um let me go talk to yeah cuz cuz before before and he saw himself to the cop making fun of me oh what a stupid L stud he thinks he's going to get out when he got it when we got into the thing the soon we got in he was already hey he's a lost student he was telling the the dep I'm not lying tell he's a lost student with a smart smile in his face thinking trying to humiliate me making fun of me and now he doesn't want to show up that's the thing like if you can get him to be here if he has he's apologize it's not bad it's not bad since I'm obligated to investigate a type of complaints um I don't think it was best but if you want go that route we can go that so get on here give me one second yes 14 so have anything to say to me no you said you you laughed at me said that I was a D did I not okay did you did know did you say that I was a dum l no I didn't say where you learn ler I no no sir you got into the cruiser it's on your body too it's on my phone too you got we got got into the cruiser and you said like you're a really dumb L when we getting down here in the station you're a really dumb law student aren't you gets me you get me into the thing and you start making fun oh everybody look at him he's a law student he a and you left me in there with the Cs on okay however the deputy was hesitant to confront Mr Martinez directly which only intensified Mr Martini's agitation and I told you didn't I told you that what you were doing with un laugh did you believe me no not I didn't believe I didn't did you get the supervisor when I ask you to no you said I didn't need one no I said I never said you your body camera on my phone don't you ask for supervisor but what did I tell you you said you don't need one turn around and put your hands behind your I told you we're not going to get one until we get to the station you know what you don't need a supervisor cuz this what's going to happen is dude I'm going to place you under arrest for fail ID okay and that's going to be on you not me brother you know what you don't need a supervisor no no you didn't your body I I wouldn't I wouldn't disrespect my supervisor like that man because we were in the motions and you know and I'm in the wrong I really am I'm not going to lie you brother okay you are in the wrong and I told you you were in the wrong and I told you you were going and I told you all this and what you thought it was funny I never thought it was funny no you laugh youed funny were your comments brother that's it what were my comments your comments that you're saying uh Florida code this I'm going to get a new must Florida versus JL that's cas not I can tell because you unlawfully arrested me throughout the discussion Mr Martinez pointed out that he was never formally told he was detained which would have clarified his rights and the nature of the interaction he argued that if the detention was merely a consensual encounter he should have been free to leave at any point it wasn't a mistake he broke the law it's not a mistake and that's what we why we're here and now you are going to buy me a new Miss name you are cuz now all this that's going to get for you that request your dash count in your car everything my phone your badge numbers everything's going to come in one single file record it's going to come in here tomorrow and that's going to go straight to my attorney and how do you think and you lost your qualifi imunity right now right now so it's get control um you said something different to me before take off I'll take your complaint okay uh do you have the complaint for I can fill out no I have to myself is there anything else besides what you told me at first that has changed or anything else that we have to no that's fine I'll see you in court have a nice day so you got take your car as far as the lock me I'm actually getting picked up here do you want to get picked up here or do you want I don't I don't I was working there a lock me there helping me get a key for my car cuz I lost mine in the junkard so like our car is mobile right now I can't move it like I don't have key also there were problems with whether it was okay to search Joel's car or not because the way Joel was arrested was not very clear any search connected to it like taking his car away and checking what's inside it was being looked at closely to see if it was legal this was a big deal because they started searching his car before they even knew for sure if Joel did something wrong or not in the end Joel was let go without being charged with anything and this made people wonder a lot about how the police handled his arrest and his stuff