Is he being detained on a traffic violation? Yeah, he's not driving. I have the right to identify anybody in the vehicle. >> Only if you suspect him of of a crime. >> Registration is out on your vehicle, so I could arrest you if I wanted to. Uh well, I don't think that's an arrestable offense. What happens if I don't sign it? Well, you're refusing to sign, you'll go to jail. >> my signature is not voluntary. I'm doing it because if not, you're taking me to jail. In this video, a simple speeding stop spirals out of control the moment the officer decides to flex authority he doesn't actually have. Instead of dealing with the driver, he turns on the passenger demanding ID even after admitting there was no crime and no suspicion. When the passenger pushes back with the law, the officer gets frustrated, tries to twist Texas Penal Code 3802, and even claims he can arrest someone for offenses that aren't arrestable. As backup arrives, the story only gets worse with officers scrambling on the phone trying to justify threats they know they can't enforce. Watch how this cop humiliates himself. >> So, are you familiar with Penal Code 3802? Yeah. What does it say? >> Very well. What does it say? >> an idea on your night You need to You need to lawfully arrest him. No, I don't have to lawfully arrest him. I can I don't have to. Is he being detained on a traffic violation? Yeah, he's not driving. It doesn't matter. He's being detained at at a traffic stop. I have the right to identify anybody in the vehicle. >> Only if you suspect him of of a crime. That's 3802. That's what I'm I'm going to do is see if he has any warrants or anything for his arrest. >> you suspect him of having any warrants? Could be, yeah. >> Well, you have to articulate your reasonable articulable suspicion >> Okay, this of a crime. You're You're breaking the law twice. >> Well, you You're talking to me then? Yeah. Okay. >> Okay, he's He's a He's a passenger in a vehicle that that the law's being broken. Okay, you were speeding number one, number two, you're you're >> Allegedly speeding. Allegedly speeding? >> Allegedly. 84 That's not your alleged alleged 84 in a 70 is not alleged. >> I haven't been convicted convicted of that. You're You're Uh registration is out on your vehicle, so I could arrest you if I wanted to. Uh well, I don't think that's an arrestable offense. Yes, it is. The only The only two non-arrestable offenses speeding and open container, which you you have a speeding violation and and you you don't have an open container, but you do have expired registration. I can have this vehicle towed and you can be arrested. >> to be to be towed, I have to be convicted of the crime. You are convicted. You're driving a vehicle >> been to court. You're You're being Okay. Do you have an idea on your night >> Am I required to give it to you? >> to give it to you. >> a supervisor? I sure do. >> Okay, we'd like to talk to him. Okay, I'll I'll I'll Well, I will I will let you talk to him and if I have to, I'll have him come out here. Yeah, yeah, I'm requesting a supervisor. >> Okay, all right, good deal. Hello. Hi. Hey. I pulled this guy over uh 84 in a 70 on on 119, asked him for his driver's license and insurance and of course he's Are you aware of Penal Code yada yada yada this and that? Well, he's got expired registration on the vehicle. Uh asked the passenger for his identification, he wouldn't give me his identification at all. Uh he's asking for a supervisor to make location. They're asking for a supervisor to make location on a traffic stop? Yes. What are they from? Uh San Antonio. I told him I told you know, I told him you know, that that you know, he's in violation of the law cuz he was speeding. He said, "No, I was allegedly speeding." And I said, "Well, you also have expired registration and uh he said that uh that the uh that he's hasn't been convicted of that, so I there's nothing I can do about it. And they And I I I I have no idea. Some of It's two Hispanic gentlemen. Two Hispanics? Yeah, I told him you know, he could be arrested for for uh uh the registration and the vehicle could be towed. And he he sitting arguing with me sitting there no, I can't do that and and uh that I need to have He's requesting a supervisor to make location. Okay. Let me call Chief Dellinger what's going on and then I'll call you back. Okay. All right. Bye. Okay, you there? Yeah. Okay. The guy did not ID him and he's refusing to cooperate with traffic stop, correct? The The What What is going on is the the driver I went up I introduced myself, this Deputy Kelly, you know, blah blah blah, uh and I asked him for his license and insurance. And he handed me his license. He hadn't handed me his insurance yet and and then I asked uh I asked the uh the passenger, I said uh "Can I Can I see your Do you have an ID or or can I get your name and date of birth?" And he goes, "Am I committed a Have I committed a crime or am I uh uh suspicious of committing a crime?" And I said, "No." I said, "But we check everybody that you know, we have the right to check anybody in the vehicle to you know, just to see if you know, to identify yourself number one, see if you have any you know, any if there's any issues or whatever, warrants or whatever." And uh he said, "But have I committed a crime?" And then the guy said, "Well, you're aware of Penal Code such and such and such." And I said, "Yes, sir, I am." And uh he said, "Well, you need to you need to read over that you know, a little bit better or something." I said, "Well, you also have committed a you know, a violation with uh expired registration." And uh and I I said, "So, you you guys are being detained on a traffic violation and that's why I'm asking for you know, identification from both of you." And he then he goes to say, you know, "I'm alleged uh you know, you're alleged you know, I'm not I haven't been convicted of the of the speeding violation." I said, "But you you do you know, have expired registration." He said, "But the the passenger's not He's not driving the vehicle. Why do you need his identification?" And I explained it to him again. He goes, "Well, I need your supervisor to come out here." Well, supervisors are all and you said I'm not coming out. Okay. Uh get Mr. D or Brandon out there with you? Uh-huh. Uh Chief says cuz at the time I I got the two minutes. Let me say before you said the guy hadn't provided an ID. He He The driver gave me his identification. I ran him and he's clear. Uh >> Okay. But there you know, he's being uh you know, the passenger's not cooperating, you know, they're driving 84 mph in a 70 mph zone. So, but the passenger's not uh not uh cooperating. Okay. Well, the passenger is technically Well, we can request, but he doesn't have to. Sure. Okay. Uh You tell the tell the guy you're going to be cited for offense unless if he refuses to sign. Tell him okay then you guys go before a magistrate, you're under arrest. Okay, so if he refuses to sign the citation, then that then arrest him. Right, and tow the vehicle and give the passenger a ride back to the office and let him sit there. Okay. All right. So tell him you know, you're waiting you're getting the whole still waiting on supervisors or whatever you want to do. Okay. But how far out is Major Ingram? Uh he's in Cuero. Okay. Where's uh D is at? Myersville. He's actually probably closer. >> Yeah, well, my I mean, he's on his way. Okay. So But yeah. Uh tell him you're you've been on the phone with the supervisor, there's no supervisor on duty at this Uh-huh. And tell them uh make sure your cameras are all rolling good. Yeah. Uh tell him you know, that he got that alleged speed or the speed Uh-huh. We have uh expired registration. Yeah. Is the insurance good on the vehicle? >> I I don't know. I hadn't got his insurance card and I you know, I I just got at you know, got on the phone with you. Right. Well, I talked to dispatch and let them know that they can confirm the insurance. Okay. 1216 County, can you confirm insurance on that vehicle? 1216, insurance is confirmed expired May 16th, 2018. Received. Are you there? Yeah. Okay, yeah, Chief agreed with me cuz that was him calling. If he If he refuses to sign the ticket, hook him up. Uh-huh. If PC affidavits are on him, you know, you can use the speed and the expired registration. Make sure you get good pictures. Okay. Take him in. Uh tow the vehicle. Have the passenger ride with D to the office. Okay. And tell dispatch and tell them to get somebody there to pick him up. Okay. Cuz you know, if they refuse to sign which is a promise to appear, we got to take them in and get them a magistrate right away. Okay. Uh Now, I thought that if if you uh were asked to identify yourself, you had to. Only if they're if it's in the commission of a crime or an investigation. Okay. Because he's just sitting there as a passenger, he doesn't have to. Okay. All right. Now, if the guy If you go to tow the vehicle and the guy says, "Well, I want to write this ticket to him." Well, I can't cuz he won't identify himself, so I don't know who he is and if he's got a valid Texas driver's license. Yeah. Okay. Okay, good deal. All right, call me back if you need anything. All right, bye. All right, bye. All right, this is going on. I uh pulled these guys over 84 in a 70. Approached the vehicle, introduced myself. Told him, you know, uh so he handed me his ID. He never gave me his insurance card. Uh so I asked the passenger, "Hey, can you you know, can you give me identification on here? Can I get Can I get your name and date of birth?" And uh he kind of sits back in the corner and is like, "Am I committed of a crime?" You know, and I was like, "No, sir, you're not at not at this time, but we do, you know, we do check everybody in the vehicle to make sure they don't have any local warrants or anything." And you know, he said, "Well, do I have to I I said, "Well, I'm asking you to identify yourself. Can you identify yourself?" And then this guy, the driver, you know, he's "Are you familiar with penal code 36 whatever, you know, blah blah blah." And then I noticed that their the registration's out. So, you know, I tell him, you know, the kid kid can't keep arguing with me saying, you know, "Well, I'm not, you know, under arrest or I'm not, you know, suspected of any crime, so I don't need to identify myself." I said, "Well, actually," I said, "Sir, you're you're in violate you're in with two violations." I said, "One for speeding." He said, "Allegedly speeding." He said, "I haven't been committed to that yet." And I said, "And you're driving a vehicle with an expired registration, uh which is an arrestable offense, so I could arrest you for it." And uh he goes, "No, that's not an arrestable offense." And I said, "Yes, sir, it actually is." I said, "The only two arrestable non-offenses are speeding and open container." Well, he kept arguing with me arguing with me blah blah blah. "Are you prior law enforcement?" I don't know. "I I want to speak to your supervisor. Can you have him come out on location?" So I called Carver, told him what was going on. And he told me to have one of y'all make location. And uh Well, uh if the guy refuses to sign the ticket, he said, "Arrest him." And since the other guy didn't uh identify himself, tow the vehicle and have that guy uh take him back to the office and just let him sit there until they get your ride. Uh as far as a passenger, now if there is My understanding is if there is no They are not crime true true identify True. That is true. It is true. As far as the passenger >> Yeah. Yeah, he doesn't he doesn't have to identify himself. I'm just going to go up there and say, "Look, you're going to get a citation for this." If he refuses to sign it, then he said, "Put one of them in your car and one of them in mine and haul them in." Yeah, cuz you you you told him that by signing it is because of Yeah. promise Yeah, all right. All right, sir. I need you to sign here across the top. It's not admission of guilt, just state in your contact the court on or before uh the 22nd of February. All right. Just a quick question. Mhm. What happens if I don't sign it? Well, you're refusing to sign, you'll go to jail. I go to jail. Okay, so what I'm just trying to get across, my signature is not to be voluntary. Going to be under Well, it it it's just a promise that you're going to contact the court. That's all that's what your signature is promising. >> My signature is not voluntary. I'm doing it because if not, you're taking me to jail. Okay. That's the only way. That's the only reason I'm signing this. Okay. You're You're You're signing saying that you're going to go to court on or before this date. That's what That's what your signature regardless if you want to sign it or not, that's what that signature is for. Yeah, just just for the record, my signature is not voluntary, and I'm signing this because if I don't sign, you take me to jail. Okay. That's what you said. What you're doing when you sign that is you're promising that you're going to go to court regardless if you volunteered or not. Well, I'm saying my signature is not voluntary. Uh my signature says I'm going to go to court. Yes. But my signature is not voluntary. Well, that doesn't make any sense. I don't I don't understand what you're saying. >> You What What I'm trying to say is you're making me sign it because if not, I go to jail. No, I'm asking you to sign it. It's up to you whether you want to sign it or not. It's under Yeah, it's under threat to arrest and coercion. I mean, if I don't sign it, I go to jail. That's That's the only Well, if you don't go to court, you go to jail. Yeah, yeah, yeah, but right now if I don't sign, I go I go to jail right now. Yeah, so the basically all this is saying is you're going to go to court. If you don't go to court, then you get a warrant and you go to jail. >> You're hearing but you're not listening, sir. So you're saying You're saying He's saying that if he if he doesn't sign it, you're threatening to take him to jail. >> No, I'm not No, what I'm saying Okay, he would go to jail and be magistrated. Okay. Because either way, you're going to get magistrated. >> Sure. Okay, so either way or later. It's either do it now or do it later. However you want to do it. Either you go see a judge now You either go see a judge now or you go see a judge later. So it's however you want to do it. Okay? All right, here's your ID. Uh There's your citation. All right. This is a courtesy card. All right. >> Stating you know, with all the uh judge's information on it. Like I said, you got you you have until the 23rd of at 9:00 a.m. to contact the judge on the charges that you're being charged with. Okay. Slow it down and have a good day. This officer tried to turn a routine stop into a power trip, but every claim he made collapsed the moment another officer explained the law. Threatening arrest for non-arrestable offenses and demanding ID he had no right to ask for showed exactly why people record these encounters. Moments like this expose the truth behind their so-called authority.