Sir, you like we'll go to jail today. I don't care. >> You want to go to jail? I'll impound your car and I'll take you to jail. If you're not going to sign my ticket, give me your license. I'm asking you nicely, could you please give me your license? I don't care if you're recording me. I'm recording you as well. I have a tape recorder myself. >> Okay. >> I don't care. >> Sir. >> So, go ahead and let me have your license. >> I'm going to presume that I am under arrest, so please do not ask me to provide you from this point on with any information. >> Police stopped a man and quickly escalated the encounter after he repeatedly invoked his right to remain silent and refused to answer questions without an attorney present. When he calmly asked whether he was free to leave, officers seized his vehicle and repeatedly dismissed his legal arguments as nothing more than games. But instead of backing down, the driver continued recording, challenged the officers' ever-changing explanations, and maintained that he would not provide information without legal counsel. Ultimately, after issuing multiple ultimatums and failing to secure compliance through pressure alone, the officers escalated the situation further by arresting him in what he argued was an unlawful detention. >> Would you roll down the window, please? >> I'm comfortable right here so I can speak to you right now where I'm at. >> Roll down the window so I can talk to you. >> Am I under arrest? >> could you please roll down the window and let me see your license. >> Officer, what's the emergency? And how can I help? What's the emergency and how can I help you? >> I hear you. Please roll down the window. >> What's the emergency and how can I help you? >> Then just roll down the window and let me have your license. >> Am I under arrest? >> You're getting a ticket. >> Am I under arrest, sir? >> You're getting a ticket. >> Sir, am I under arrest? >> No, you're not. >> Am I free to go? >> No, you're not. >> Well, from this point on I'm going to presume that I am under arrest, so please do not ask me to provide you with any kind of information that's going to be used against me in a court of law. So, >> Just roll down the window and let me have your license. >> Do you wish to harm me for use for invoking my right to remain silent? >> Roll down the window, please, so I can hear you. >> Do you wish to harm me or or injure me for invoking my right to remain silent, sir? >> I don't know what you're talking about. >> And you said I'm not under arrest, correct? >> You're going to get a ticket. >> You said I'm not under arrest, correct, sir? >> Just roll down the window. >> If I'm not under arrest, am I free to go? >> No, you are not free to go. >> So, and this from this point on >> Give me your license. >> I will I will not provide you any information without a proper representation of an attorney. >> You don't need an attorney. >> Sir. >> You like, we'll go to jail today. I don't care. >> Okay. >> You want to go to jail? I'll impound your car and I'll take you to jail. If you're not going to sign my ticket, give me your license. I'm asking you nicely, could you please give me your license? I don't care if you're recording me. I'm recording you as well. I have a tape recorder myself. >> Okay. >> I don't care. >> Sir. >> So, go ahead and let me have your license. >> I'm going to presume that I am under arrest. So, please do not ask me to provide you from this point on with any information. >> I'm going to let her go cuz you're driving me insane. All right. License, registration, and insurance. If not, get out of the car. >> Sir, I do not consent to >> I don't care. >> I do not consent to providing with you with any information or document that could or will be used against me in a court of law >> or to possible incriminating me. So, please So, please do not ask me to provide you with any anything and give it to you. >> of the car. >> So, please do not ask me to ask you for this information. So, do you wish to harm me? >> I'll call an extra unit. Thanks. I'll take you to jail. I guarantee it. I've done it before and I'll do it again. Give me your license, registration, and insurance. Or we'll go to jail. >> Sir, please >> You just said I'm not under arrest. >> to write you a ticket. You're not supposed to be in that lane. It's a pay lane. You're in the lane. You're illegally in that lane. >> Please do not ask me to provide you any information without proper representation. >> Dude, I'm telling you, I'll take you to jail. I don't care. >> Sir, you just told me I'm not under arrest. Please, sir. Do you wish to harm Do you wish to harm me? >> I'm not harming you. I'm going to give you a ticket. >> or punish me for for invoking my right to remain silent. >> Okay, that's fine. You can remain silent. >> Sir, thank you, sir. >> license, registration, and insurance. >> I plead the fifth, sir. >> That's fine. License, registration, and insurance. >> That means I cannot >> The plead the fifth doesn't account right here. >> Okay. >> I'm telling you, dude, I don't mind taking you to jail. I'll take all the overtime I need tonight to take you to >> Do not ask me to provide you with any information. >> Get out of the car. >> Please, sir. >> Step out of the car. >> Am I under arrest, sir? >> Step out of the car. >> Sir, I would like to speak to your supervisor. >> Out of the car. >> Sir, I would like to speak to your supervisor. >> He's on his way. >> Okay, sir. Then I feel comfortable. >> registration, and insurance? >> Sir. Please do not Please do not ask me to provide you with any information. >> Get down. Get out of the car. >> Sir, please do not provide ask me Am I under arrest? >> Get out of the car. >> Am I under arrest? >> Get out of the car. >> Am I under arrest, sir? >> Get out of the car. >> Sir, am I under arrest? >> you outside. Get out. >> Sir, I I can hear you just fine right here. >> I can't hear you. Roll down the window and get out of the car. >> Am I under arrest? >> I don't care. You're going to jail tonight. I guarantee it. >> And for suspicions of what? For what What is the reason for what? >> you're going to be delaying a peace officer. Get out of the car. >> I know you don't care. >> You're going to jail. >> So if I'm not under arrest, am I free to go? >> You're not free to go. >> So I am under arrest because I'm not free to go. >> If you would have just given me your license registration, we would have been done with the ticket and you would be free to go. >> If you can If you can answer me if I'm under arrest or not. Sir, am I under arrest? >> You're going to be. >> For what reason? >> It would have been just so easy just to sign a ticket and be on your way. >> But I told you that I'm not going to provide you with any kind of information. I will not provide you with any kind of information. I I can hear you just fine, sir. What's What's your name and your badge number, sir? What's your name and badge number, sir? >> My name is Sergeant Gio Bembi. I would like to speak to you, sir. >> Am I under arrest, sir? >> Well, right now you're being temporarily detained. >> Okay, sir. >> Because we are stopping you for a for a violation of some sort. >> Since I'm not free to go, I'm going to I'm going to presume that I am under arrest. So please do not ask me to provide you with any kind of information that will be used against me in a court of law without proper representation. Now, do you wish Do you Do you wish Do you wish to harm me? Do you wish to harm me or punish me for invoking my right to remain silent? >> we're not trying to harm you or punish you or anything like that. >> For invoking my right to remain silent? >> Do you have a driver's license that you have insurance? >> Sir, I would like to remain silent until I have proper representation. >> out here. >> I would like to remain silent until I have proper representation. >> Okay, you can remain silent, that's fine. Uh however, let me just explain to you, bro. If you want to keep recording, you're absolutely entitled to do all that stuff. I have no problem with any of that stuff. But this is the way it's going to go down. By law, you're required to to to provide a driver's license, registration, proof of insurance for the vehicle. The officer stopped you for an observed violation. So right now, basically, you have to comply with these for some of these basic things that you're going to give that we need to get from you. If you comply with this and we check all these things out and everything looks good, uh then we give you a verbal warning, we give you a citation. Um it just depends on what's going to happen out of what, you know, uh what we see here. And then we send you on your merry way. Now, if it turns out that you're not going to go with the program, that is not provide this information, um we basically have to take you into a we have to arrest you for that because you're not providing information. You're the driver. Passengers okay right now. We don't have any problems with with the passenger. It's the driver that we're trying to get some information from. And if you're not going to provide that information, then we're going to have to basically ask you to >> So, what if I'm under arrest or just let me If I'm under arrest, please let me know. >> Okay, again, this is this is considered a de facto arrest. You're you're being arrested for a short period of time until we can get your information. So just listen. Just until we can get your information >> So, for that >> Just listen. Just until we can get your information so that we can process you, give you a citation if that's what we're going to do, and then send you on your way. Now, if you're not going to provide that information, then we don't know what we have in front of us, and then all of a sudden it it escalates this this situation that doesn't need to be escalated. >> Sir, if >> So, do you have a valid driver's license, sir? >> Case law states that if >> Yes, speak up, sir. >> Case law states that if I'm not free to go, I am under arrest. So, please do not ask me to provide you with any kind of information or or that will be used against me >> So, let me let me ask you this, if are you going to provide any any information to us? Any personal information to us right now? >> Not until I have proper representation, sir. >> Okay. Now, let me ask you this, uh once we're done processing everything out here, if we need to, uh and I I do end up getting your driver's license, your name, your date of birth, or whatever, uh are you going to be willing to sign any any citation or form or whatever so we can get you on your merry way? Right now I'm just trying to get you home. But if you're not going to comply with our our our just basic, you know, request, >> I know so if I Right. Are you saying this case law >> Sir, this is a request. >> California Vehicle Code and there's also a case law saying you have to provide us with with some basic information as the driver on the public motor public highway like this and you're not giving that information to me. So, again, let me ask you, are you going to provide that information? >> Sir, without proper representation without proper representation, I will not provide any kind of information. Without proper >> representation >> you're not going to provide any of that information. >> Correct, because anything that will be used in the court of law, so >> All right. I'm going to request that you step out of the vehicle, okay? >> Am I going to be under arrest? >> What's that? >> Am I going to be under arrest? Am I under >> Just step out of the car. >> If I'm under arrest, I'll step out of the car. >> Okay, you're you are under arrest, sir. Step out of the car.