Officer, a crime, am I >> Yes, it's called trespassing and loitering. That's a crime. >> I don't believe I've been trespassing. >> Okay, it doesn't matter what you believe. You need to provide your ID. >> I was hoping to go to to church today, but if you're going to arrest me, go ahead. >> Is that really the route you want to go? >> Why why won't you disclose your ID? I'm just trying to protect my constitutional rights. >> You're not, though. This is failure to identify yourself or obstruction. I don't know that which one fits the best. >> Yeah. >> Police were called after a gas station employee reported a man sitting in his car during a rainstorm. The driver explained he was waiting for the weather to improve, but officers quickly focused on obtaining his identification. The legal dispute centered on whether police could require ID from someone who had not been accused of a specific crime. The driver believed he had the right to refuse voluntary identification, while officers claimed their investigation and the property's trespass request gave them authority to demand it. What started as a simple call about a parked vehicle soon turned into a tense showdown over constitutional rights, police authority, and who actually understood the law. >> I'm just stopping for the I'm stopping. Is that okay? >> Yeah, that's really our concern cuz you've been out here for a couple hours. We want to make sure you're okay. >> Okay. >> some ID on you? >> Yeah, I do, but um I can move if you want. >> You don't I'm not saying you have to. I >> I'm just resting. >> I know, I'm not accusing you of anything. They wanted to check on you. I just want to know who I'm talking to. That's all. >> I'm just passing through, sir. >> Okay, I need your ID. >> Um did I commit a crime? >> You're loitering. >> If I'm trespassing, >> Yes, you are because you've been here for hours. I need your ID, sir. >> Uh Are you going to arrest me? >> Do I need Am I Do I need to? >> I don't I don't know. I didn't I didn't >> Okay, you need to identify yourself. Please provide me your identification. >> Officer, if I committed a crime >> Yes, it's called trespassing and loitering. That's a crime. >> I don't believe I've been trespassing. >> Okay, it doesn't matter what you believe. You need to provide your ID. >> Well, I was doing Officer, I was reading a book. >> I need your ID. >> I mean, you're going to arrest me because >> If you don't provide your ID, I will. >> Just for parking in my car? >> For trespassing and loitering. You've been here for hours. That's not normal behavior. >> I I just >> It's not normal behavior. I need your ID. >> I don't know what you mean by normal behavior. Is that >> No, people don't park in gas stations for hours. They come get gas and they leave. They come to the store, grab something and leave. You've been here for hours. I need your ID. >> I've actually been doing this for >> Give me your ID or we're going to then you're going to be detained. >> You're going to arrest me? >> Potentially, yes. I'm trying to provide you an opportunity No, I already explained to you why we're here. Provide your ID. >> Sir, I didn't do anything wrong. I don't >> Provide your ID. >> I'm not required to provide >> Yes, you are when we're investigating a complaint. >> No, you're not. Can I speak to your sergeant? >> Yeah, sure. >> Okay. I'm going to get out of the car, okay? Please don't I'm just getting out of the car. >> Okay, I still need your ID. You're going to provide an ID. I'm going to know No, keep your door open. I'm going to know who I'm talking to. >> I guess what I'd like you to know is I'm not a threat to you guys. I have no weapons. >> Okay, great. >> reading a book in my car. >> Sir, we could have been we could have been dealt with this. >> If you want to talk to your sergeant, I'm I'm perfectly happy to wait. I'm not a threat to you guys. >> I didn't say you were a threat. >> I'm not resisting arrest. >> It's not that we believe you're a threat. The issue [clears throat] is that we received a complaint that you've been out here for a long time. >> I just parked my car to read a book. >> I That's what I understand that, but >> There's a thunderstorm. >> I I'm aware of >> it's unsafe to drive in a thunderstorm. >> Because of the nature of the complaint and we're out here, you need to provide us with identification so we know who we're talking to. >> You're being very reasonable right now. I'm trying to be reasonable as well. >> You're not. >> I asked you I asked you >> a reason Are you Do you have warrants or something? You have arrest warrants out somewhere else? Of another state? Of another jurisdiction? I mean, I see you got Is this your vehicle? >> I'm waiting for your sergeant. >> That's fine. >> Okay. >> And when he tells you the same thing, then what are you going to do? >> I will comply once your sergeant comes here >> Okay. >> and tells me >> If all you need is for him to ask for the ID then then what >> I just want to know >> I've already explained to you I've already told you >> Did you run the plate? >> Huh? >> Did you run the plate? >> [clears throat] >> Yeah, clearly not confused. You're confused. >> Well, he's been out here for hours. Oh, I don't know, dude. Because he's been here for hours. Employees like car's running now it's not. They did not. So he's refu just refusing to identify himself. >> Trespassed? >> I haven't gotten that far yet. Um >> I just want to know who I'm talking to. I've been talking to somebody who's got warrant for all I know. He's got it in New York. So I'm trying to get something back on the plate. But I'm not sure if that's him or not. So he just I haven't done anything wrong. Well, maybe you haven't. But you've been here for hours which is not normal behavior. And now you're just refusing to identify yourself which makes me really concerned. So yeah, I need to go talk to them about potentially trespassing him, but I was like, "Let me see if I can find something through the vehicle information." Which is what I'm trying to look up now. Which >> I noticed >> He's got a >> The name on it was like an Asian name, wasn't >> Oh, it's an Asian dude, yeah. >> He is Asian? >> Yeah, so there's a chance. I'm trying to maybe work around it, but he's just really being He's I I >> Is he saying anything about why he's here or what he's doing? >> He just I'm reading a book. I haven't committed a crime. Well, I'm not You You You've been loitering, which is not normal behavior to be here for hours. >> Yeah. >> So, um Let me just I mean, I'll go talk to him, but I was trying to at least know it Am I talking to somebody who's running from something? I mean, it's not If you're from New York and you're just traveling through, I don't I don't know that that's what he's even doing. He's got a bunch of stuff in his car like he's like like power cords and everything, you know. Other stuff in there, so you can go look in there and talk to him. I'll see if they want to trespass him, but I was trying to at least I think it's worth It's just a red flag when you >> Mhm. >> don't This isn't a consensual encounter. We're asked to be here cuz the employee was concerned. I'm going to go talk to her, but I just wanted someone else to be here cuz I don't know anything about this guy. He's from out of state, which >> Go see what they want to do cuz if they want to trespass him, obviously then we can push a little harder. >> Yeah. Okay. Um I'll roll it up. I'll roll up the window. >> What you were just doing, is he holding anything? >> Uh I haven't I've gotten They said it's not coming back. Um but he's got somebody with this name is out of New York, but I don't see like a uh I'm trying to look for super sketch. Yeah, somebody out of Flushing, New York with apartment up there. >> And nothing doesn't come back in the picture. >> They said they didn't get anything back. I don't know what that I mean >> getting anything back on the picture over there. >> I don't know. That's what I need to Then there's a I need to call in. Let's see what you get. Suffolk County Police Department. He's not even from here. He's from New York. So, I don't know what he's got going on. >> I mean, I wasn't even going to call him, but it's like every weekend this is something that's happened to me. >> Yeah, every last weekend a weekend after >> Yeah, last Saturday I was sitting on pump seven for about an hour. >> Yeah, no, that's not normal behavior. I agree. >> And he was in and out of there since about 5:45. >> Okay. Uh >> And he was walking up and down random, so I was like maybe they just needed to pull over, but he'll come in and say something. We open at 6:00 a.m. I don't know what the hell you doing. >> Yeah, no, I get it. That's you tucked in the corner it's like that's how things I get it. Um Do you all want Do you want to bar him or do you want to What do you want to do? >> I mean >> You can, it's up to you. I mean, I don't work for the store. >> I mean, he hasn't came in here and did anything or but I I don't want to bar him for no reason, but he I need him to get off this property. >> Okay. >> Go somewhere else. >> Okay. >> I probably should go ahead and bar him cuz he's going to come back and say you're the one called the cops on him. Probably. >> I mean, this I don't I don't know this guy. He's not from here. He's from New York. So >> to bar >> You want to bar him? Okay. >> I'm scared. >> I get it. It's a crazy world we live in. >> It's special on the east side. >> Yeah, they want to bar you. >> They want to bar me? I tried to explain to you the nature of our investigation. >> Here's the thing. They want to bar you from the property, okay? That's on them. That's their right to do. So, in order to do that at this point in time, it is a criminal trespass warning, okay? It's not an arrest. However, it is something where we do need your ID so that we can fill out the paperwork and officially make it that you are barred from this property. Okay? So, at this point in time, because they want to do that, we are going to need your ID. >> I just want to need to um I just fully understand what's going on. So, I I parked my car here from the rain. Um they called you, I don't know exactly when, but um when you guys arrived, um you asked my ID. >> Mhm. >> I refused to give my ID cuz I didn't believe I uh didn't do wrong. Um but now you went to the manager or whoever this person is and they are asking for a bar. I just trying to explain >> We're trespassing you from the property. >> trespass warning. So, >> what they're doing is they are barring you. They are trespassing you from the property, which means if you return back here, then you will be arrested for a trespass. So, and so for that process, we will need your ID, okay? >> So, just so I understand, um they're asking me to leave. >> No, they're ask they're telling you you're not back allowed on this property. They're making an official report and dot and documenting that you're not allowed on this property. >> Okay, I haven't been here before. >> It doesn't matter, sir. >> I'm just trying to understand >> No, you keep on trying to ex- string it along. >> trying to understand, but we're explaining to you the process. >> And you just keep on going in circles. We're not going to keep doing this. >> going back to the point that we've already explained. All right? So, here's the thing. We get your ID, we put it in the system, we trespass you from the property, you're on your way, you're never going to return here again, so it's not going to be a problem for you, right? >> I wasn't planning to >> So, we make it official and and we move on. And that's that. That's the end of it right there. Okay? >> Sir, I was not planning to come back here. >> Okay. Okay. But, we have to make it official still cuz they requested. Now, if you don't like that, you can call into corporate and you can complain about that. >> know what this company is. >> It's It's Murphy's. >> Okay. >> Okay? This is a Murphy's gas station. But, right now, the people that are on site, who are the ones that have the authority to do that, that's what they want to do. Okay? So, we're going to move forward with that process. And if you want to call them and complain, you can do that later. And if management or someone above them wants to go ahead and lift that or do something about it, that's on them. But, right now, right here, people on site, who are the people who have responsibility, that is what they're wanting to do. And so, that's what we are moving forward with. >> Okay. So, I Again, just to understand the process, >> We've explained it multiple times now. >> What >> going to provide your ID or not? >> So, that's that's what I was going to ask. So, in in this instance, if I if I refuse to show my ID, what's going to happen next? >> It's considered obstruction until you can identify yourself to a law enforcement officer. And legal processes are being >> And you're going to arrest me and take me to jail. Is that it? >> If you refuse to identify yourself while we're trying to do our jobs, yes, sir. It's as simple as showing the ID, we trespass you, and we all move on from >> the church today, but if you're going to arrest me, go ahead. >> Is that really the route you want to go? >> Why Why won't you just show your ID? >> I'm just trying to protect my constitutional rights. >> though. You're not. >> All I did was stop from the rain, >> Right. >> for a long period of time, >> and then now you're arresting me >> before I didn't not identifying yourself. No, because you trespassed. No, you stop. Okay, wait, wait, wait, wait, >> Listen to what he's saying. >> because You didn't just pull over for 5 minutes, okay? Stop talking. Let me finish. You You keep interrupting and not listening. You were here before this business even opened. Okay? You caused the employees to be fearful because they were not sure what your purpose was for being here for a long period of time. Okay? What your Your behavior isn't normal. So, they said, "Hey, we're concerned that people you know, stake out things. They look for businesses that are closed, so that when they open or closed, they'll they can rob them." I'm not saying you were going to do that, but your behavior caused them concern. Therefore, they called the police, who came to inquire about what your purpose was for being on this property. So, due to that nature of that complaint, we're going to identify you to figure out what your purpose is for being on this property. You have a chance to alleviate our concerns. Part of that is identifying you. So, we need to know who you're We're talking to. We don't know you. Okay? And then, on top of that, because your actions made them concerned, they don't want you back on the property. So, therefore, we have to identify you to document that you're not allowed on this property again. And you were refusing to comply. So, you had the chance to alleviate our suspicion. Fine. But during the course of that, you're required to identify yourself. And furthermore, identify yourself so they can bar you from this property, which is their right. This is private property. So, you need to identify yourself. This doesn't have to be that complicated. We could have been gone. We could have been on our way by now. But you're trying to go on a crusade for something that I'm not sure what's going through your mind, but it's not really logical. >> You can start. >> Go ahead. >> Okay. So, as I said, I'm willing to be arrested if that's what you guys want. >> No, that's No, no, no, no, no, that's garbage. We want you to identify yourself. Stop. You're not a Okay? Just identify yourself so we can move along and be done with Okay, well, you can Wait, wait, you want to go to church? You want to go to church? Right? You just said you want to go to church. Let me see your ID. You'll be out of here in within 5 minutes. You can go right to church. You don't want to go to church. You want to try to make yourself into something that You're making it something it's not. So, You can leave and ask you to leave. Okay. I'll cooperate and get arrested if that's Is that >> If really the route that you want to go is something as simple as that. >> That's not what I want. >> No, give me your ID or give us your name and date of birth. And we will be moving on. You will be down the road to church. Is this your vehicle? >> clear up very quickly once I speak to a judge. >> Okay, go ahead. But, is this your vehicle? >> Like I said, I'm willing to be arrested and I'm not going to speak anymore because you're telling me I'm going to be arrested. >> We're asking you to identify yourself. We're not trying to have We We're going in circles. >> You're detaining me. >> Yeah, we're detaining you. >> You're going to put me under arrest. At that point, I would like to talk to a lawyer. And I'm not going to say anything else because I know anything I say can be >> We're not asking you to say anything. >> Yeah, this isn't asking for your ID. >> We've already talked. >> [clears throat] >> This is an argument over ID, not >> I have stated what I >> You keep talking, though. >> And the problem is until you get positively identified, you're going to remain sitting there. >> In front of a judge, this is going to look very silly, but I'm willing to go through the process. >> Because I thought you wanted to go to church, and you're not planning to come back here. But yet, you want to go before a judge? You're really contradicting yourself. >> This is >> This is >> literally one of the simplest and easiest things we deal with on a daily basis. Daily basis. >> So, will you provide us with your ID? >> Sir, I've already spoken. I'm willing to be arrested and speak with a judge about this whole process. >> You don't get to speak to a judge. You get booked. It's a misdemeanor charge. You get a bond. That's not how it works. So, will you provide your ID? Yes or no? >> I'm willing to go through the whole >> No, that's no. This isn't you Will you provide your Will you provide your ID or not? >> Um you're saying I may not speak with a judge, but I think if anyone sees what's going on >> How you're not cooperating? All we're asking for is something as simple as your ID. Will you provide your ID? Yes or no? I don't need a long It's a yes or no question. >> So, you're refusing to comply with this lawful order to provide your ID. >> In furtherance of this investigation and the barring that has been requested as well. >> I'm I'm going to be arrested? >> That's not We're not asking you if you're willing to be arrested arrested for an ID. >> You told me I'm going to be arrested, so >> I said you can be arrested. >> are if you fail to identify yourself >> Right. >> and you comply with this process. >> Because it's not We're asking you, but you need to understand it's not a >> request. >> It's not a question. It's a You need to identify yourself at this point in time. Okay? >> Yeah. >> Okay. I don't understand why we can't just move on from this. Get you on your way, we be on our way. And it would be as simple as that. >> I I understand. >> Okay. >> Um So Out of New York, where they You don't have to turn over your driver's license to show up. In New York, you don't have to turn over your driver's license to show up. So, it's not something we do in New York, but I don't know that your friend is We don't know that's him. He could be. But I don't I don't really know what his end game is. We also don't know who he is, either. >> Yeah. >> So, just stupid. >> I don't know what will happen. >> But >> He's been told what's happening. >> He's been given the opportunity to voluntarily provide and identify himself. >> And he has refused to and he continues to refuse. >> Yeah, let me get her name so I can do the barn. >> All right. How long did you want to borrow it for? >> I two years. 8:00 a.m. >> Okay. So, you guys what time did you get here? >> I've been here since about 5:20. >> Was he here then? >> No, he pulled up around 5:45. >> And what happened? What did you What did you see? >> I mean, the car he had the car running for a while at first, so I thought maybe they were just waiting to >> Did he get out of the car? >> Never got out. I was thought maybe cuz it was pouring down so bad, maybe they pulled over just to, you know, get out of the rain. And then I had a problem cuz the gas station's um were closed cuz they had a power outage. So, I didn't say anything. I thought maybe they just needed a No, needed a minute. So, I had to start my safe at 6:00 a.m. >> Mhm. Okay. >> They were still sitting there. So, >> Were you the only one in the parking lot? >> Mhm. >> Mhm. >> It takes the safe about 2 minutes to open, so now I'm looking like, okay, they're still sitting there. >> So, he was What time did he get here? Before you How long was he here before you opened the safe? >> Um about 15 minutes before the store opened. >> Yeah, go ahead. >> I'll meet you inside. Um We started at 6:00 a.m. It takes about 2 minutes for the oven. But, he never came in while I had He hasn't been in at all. But, he got here about 15 minutes before the store opened. And then he's been sitting here ever since. So, I was trying to wait to see He was just trying to wait for the rain to subside. No, he kept sitting, so And I didn't I didn't know if it was a man or a woman. I didn't know if they were okay or what. They just sitting there. >> Were you just concerned Were you just concerned about their safety or were you concerned that they're for your safety? >> about my safety and theirs cuz I don't know too I don't I don't I don't work too many places that be out there deep down in the pants pocket. I get paid hourly, so I don't mind it. All these I come from probably my family's on his pants on the ground. And I always about the pants on the gas station at the pump, so >> So, were you concerned just about his safety or were you concerned that >> Both. >> Okay. So, what made you concerned for your safety, too? >> Because I know I got to start that safe at 6:00 a.m. And this car is out here sitting out here, so I don't know if they're waiting on me to start it or opening or what. Because I mean we open at 6:00 a.m. And I know people know what time we open. It's a little sketchy for you to pull up at 5:45 and they're sitting there. And after I open you still don't come inside. >> Okay. Um What time did you call? >> I think it was a little bit after 7:00. >> Okay. So, he had been there for at least an hour and a half or roughly an hour and a half. >> Uh-huh. >> Okay. >> Okay. >> All right. Um All right. Thanks. Yep. So, she said that she got here about 5:20. They don't open till 6:00. He got here about 5:40-ish or so. And then she opens the safe at 6:00. So, she was like, all right. This car's been here for 20 minutes. Nobody's gotten out of the car. There's nobody else here. And she was concerned either they could have done drugs and then passed out or she's like, I got to open I got to start my safe at 6:00 and open it. So, if somebody's taking it out and something happens. But she said she didn't call till after 7:00 or around 7:00. So, he'd been here almost an hour and a half. And never saw him get out of the car, come in the store or anything. So, so she was concerned both something had happened in the car and overdose or he was taking it out to home whatever. So This is just irritating like we could have been Yeah. Do you have an issue? Right. We're trying to do everything to identify this dude but he's What does it say at the top of the wanted poster? Somebody else? A warrant? Oh yeah, that's right. That's right. I don't know if this dude is just trying to like make himself He's been watching too much YouTube and Instagram and or he's somebody that else that we don't know. I mean Do you see any other options? >> No. Not unless we can positively identify him. And he refuses to continue to. >> Right. We tried to look up the license in New York doesn't return the photos. He he won't tell us whether this is even his car. I really don't know what else I don't I don't know no other option. Okay. All All We're going to go to jail. All right, put your hands behind your back, please. Thank you. >> Let me buy this car in the first I don't know if I'd be your right on it. You say it's something now. Is there anything else going to poke, stick, or cut me? >> Uh no, I don't have anything sharp. >> Okay, thank you. >> Is this your car? Do you have the keys? >> I do. I'd like to talk to a lawyer. >> Well, I'm just saying, the car is left here. Okay. You can face that way, please. Thank you. >> My phone. >> Okay. >> I'm just searching you, dude. Yeah, so you ran this. >> with New York business return driver's license bureau. So, he had no way to verify that. >> And he wouldn't answer me. >> Did he tell you whether this was his car? >> No. >> He wouldn't tell me whether this was his car. So, I just have to assume he don't know. My check. >> That's fine. >> I mean, now you want to tell me what everything but what what I need to do now. >> Just in case. >> Just in case what? You're It's going with you. I'm not taking it. >> Okay. >> You're just >> I just don't want to be a threat. So, you don't hurt >> What are you talking about? Nobody's What are you talking about? You're really trying to >> You put me in handcuffs. >> Cuz you're under arrest for refusing to identify yourself. >> Okay, now you're searching me. I just want >> That's your search incident to arrest. >> I'm just letting you know that >> What are you letting me know? >> There's nothing >> Okay, you're going to You're searched incident to arrest, okay? I already asked what I wanted to ask. Now, you want to give me a play-by-play what's in your pocket, like If you say there's nothing's going to poke, stick, or hurt me, okay, great. >> and >> I'm not >> writing pads. >> Okay, now you want to Now you want to answer everything but what I asked you, which is what your name was. And for your ID. >> I'm not dangerous to you. >> I didn't say you were dangerous to me. Nobody said that, dude. >> You literally search every single >> You're really trying to make something you're not. >> It doesn't matter who they are or what the reason for the arrest is. Everybody gets searched I have nothing dangerous on me. >> I didn't say that. Nobody said that. Nobody said that. Nobody said you're dangerous. Here you go. If you want to sit in there, have a seat. Thank you. Nope, he wouldn't tell me his name. He wouldn't provide an ID. He wouldn't tell me that this was his car. We just ran the registered owner name of the vehicle out of New York, which doesn't return license holders. So, we had no way to verify that that was him. Am I missing anything? >> No, just fine doing while we were here. >> Multiple times. >> suggestions were. >> Okay. Well, >> and definitely multiple opportunities to >> This is >> fix this. >> This is not um Just a failure to identify self or obstruction? I don't know that. Which one fits the best? >> Yeah. >> Usually we've always been able to identify somebody. >> Yeah. >> This is the first >> No, I mean, usually it doesn't have to get this far. >> No. All right. >> After months of hearings and legal motions, the driver's wrongful arrest case in Georgia was ultimately dismissed. The driver remained calm, explained why he was there, and repeatedly questioned the legal basis for the officer's demands. While officers could investigate the complaint and remove him from the property if the owner requested it, the key issue was whether they actually had lawful authority to compel identification under the circumstances. What should have happened was a clear explanation of the law and a response limited to the original complaint. Instead, the encounter became increasingly focused on compliance rather than criminal activity, turning a simple call about a man waiting out a storm into a legal battle that never should have escalated that far.