Lawful arrest for a person who has requested that information. A person commit an offense if he intentionally gives false or fictitious name or resident address, none of those which I'm going to do. You hear me? If Once you show me that you have a legitimate reason to believe that I have committed a crime or I'm in the act of committing a crime, you know, you got to name a penal code. What penal code do you SUSPECT ME OF BREAKING? NOW YOU ASK THEM FOR THEIR ID AND THEY DON'T GIVE it to you then, >> Then only then can they be charged with failure to identify. >> They must already be lawfully arrested for crimes THAT THEY COMMITTED. WHAT CRIME HAVE I COMMITTED? YOU BE MY GUEST. You be >> Police approached a man on his own property citing vague suspicious behavior and quickly escalated the situation by demanding identification without providing any specific charges or clear indication of a crime. When the man calmly questioned the legal basis for the stop and asked for the alleged offense, the officers only relied on general claims of suspicion but failed to clearly justify the detention. After a prolonged dispute and an inability to establish a solid legal foundation for their actions, the officers were ultimately forced to release the man and leave the scene. >> What you making? What's going on, brother? >> Take that for a second. >> Do you Do you have a search warrant to be on my property? >> Okay. I do not, okay? >> Okay, so >> But listen to me. All right. If you can just provide this information for me, your IDs, if you live here, >> I'm not providing you nothing, man. As a matter of fact, get off of MY PROPERTY RIGHT NOW IF you don't have a search warrant. >> Sir, I'm I have >> I'm asking you nice. >> And I was asking you nicely as well. >> all I'm saying if you don't have a search warrant paperwork to be on my property, what crime do you suspect and do you suspect me of committing? >> have right now is y'all failure to identify. >> Okay, failure to identify one must already be under arrest for a crime that he has committed. What crime have I committed? >> Failure to identify. >> No, that's not a crime. That only becomes a crime once one has already lawfully Be quiet. Be quiet. Let me educate this this this one. You hear me? Let me educate him. 38.02, failure to identify only becomes a crime when one has already been lawfully arrested for a crime. Let me give you an example sir, since I don't know who you is. Huh? >> What about detained? >> I What am I being detained for? >> You're detained because you're suspicious activity. >> No, no. What What penal code? You got to name a penal code that I've committed. That is the crime. Name a crime that I committed. You hear me? Name a crime that I committed other than being black and walking down this driveway. >> You were detained for suspicious behavior. >> Walk this out. >> Texas Penal Code Fail to Identify. A person commits a offense if he intentionally refuse to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person. I am not under arrest. >> Correct. >> You have to You For what? >> Continue reading. >> No, no. Listen. Listen. Listen. Let me explain to you. Let me explain to you. I have the books in the house. I'll go and get you. >> Continue reading. >> Okay. Okay. Lawful arrest for a person who has requested that information. A person commit an offense if he intentionally give false or fictitious name or resident address. None of those which I'm going to do. You hear me? If Once Once you show me that you have a legitimate reason to believe that I have committed a crime or I'm in the act of committing a crime, you know, you got to name a penal code. What penal code do you suspect ME OF BREAKING? NOW YOU ASK THEM FOR THEIR ID AND THEY DON'T give it to you. Then only then can they be charged with fail to identify. They must already be lawfully arrested for a crime THAT THEY COMMITTED. WHAT CRIME HAVE I COMMITTED? >> FOR YOU BEING IN MY YARD IN THE MIDDLE OF THE NIGHT. >> You hear me? >> Suspicious. >> Okay. >> I have suspicious >> Well, you know what? You know what? I said >> What's your name and date of birth? >> Am I under arrest? Am I under arrest? >> You're not under arrest. >> Okay. Well Well, am I free to leave? >> You're detained right now. >> Detained is is a normal arrest, sir. Detainment is a normal arrest. >> And what have you done to the yard? >> And I have the dictionary, the law dictionary that I'm going to use in the courtroom to state my case once I have to go to court. Cuz other than that, if I'm being detained, that means I am not free to leave. If I'm not free to leave, that means I'm under arrest. If I'm under arrest, I like to exercise my fifth amendment, all right? You got it? >> Are you behind handcuffs, though? >> I'm not free to leave. >> Exactly. I just wanted to know >> I don't have to answer none of your questions. I don't answer questions. You see that's the difference between someone who know and someone who don't know. We can play this game all day, unless you want to just kidnap me right now. You hear me? Cuz that's going to be the charges filed. Because I've done no >> Yeah, nothing. >> I haven't breached the peace. I'm not being a disturbance. I'm on my own property, which you don't have permission to be here right now. And it's posted. >> What's your name and date of birth? >> I do not consent. I like to exercise my fifth amendment right. >> All right. >> You hear me? I'm I'm just I just want to exercise my right. Now, one can't go to jail for exercising right. You hear me? I just want to exercise my right, freedom of speech. I mean, uh uh uh uh right to remain silent. He's looking to try to take something from me. You hear me? I violated no law. I haven't breached the peace. I've done nothing wrong. And he's here asking me for my information. >> Yeah, that's all I That's all I need. >> And I don't have to give that to you if I've done nothing wrong, sir. >> For a suspicion act. >> Suspicious of what? >> Of being at this property. I saw the no trespassing sign, and I saw two people walking back here. That was it. >> That don't That don't give you no right, brother. That don't give you no No, it does not. No, it does not. And you're going to be You're going to be You're going to be schooled. You're going to be taught >> Okay. >> better. You hear me? Because this is proof right here, Marlon, of what we're dealing with. This is proof of what we're dealing with. We got people in charge of us who don't even know the laws themselves, but I'll quote them for them. You hear me? I'll quote them for them and let them read them. You hear me? Did you have a search warrant to come on my land, my property? >> Sir, what's your name again? >> Uh am I am I free or am I am I being detained? >> I just want to know your name. >> Am I being detained or am I free to go? >> You're free to go. >> Well, I don't answer questions. >> Okay. >> You have a nice day. Yeah. And you You see how You see? But I thought he was coming over here cuz I was suspicious, though. You hear me? I thought it was suspicious. Now, look at it. Now, I don't want to give him my name. He's just going to leave. I thought I was doing something wrong. If I was doing something wrong, why are you leaving away so quick? Huh? Yes. Why Why am I leaving away so quick? What's your name again, sir? >> I'm Officer Ortiz. >> Officer Ortiz? >> Yes, sir. >> Yes, this is this is what we're dealing with, Marlon. You hear me? We got people like him who don't even know the law themselves. You hear me? But they're ready to pull you over for something and they don't even know what they sell. THAT'S WHY YOU GRADUATE FROM POLICE ACADEMY IN 6 MONTHS, BUT IT TAKE 2 YEARS TO GET YOUR COSMETOLOGY LICENSE. I THINK YOU GUYS NEED to be in school for 2 years cuz you don't know your rights. You don't know your laws. But I'm going to teach you guys