move step out of the vehicle a gun over there you have a gun over there I'm not detained I'm not detained sir for your safety and my safety do not do not completely safe I'm completely safe but do not reach for the gun you need to leave right now yeah but you whether you're in this line of duty you're scared Hey sir all right have a good one what do you mean have a good one where you going two agents that said you were lights out over there hanging out on the side of the road okay uh and they began to question you and they said you just took off on them a driver was parked on the roadside with his lights off when border patrol agents approached him under Terry V Ohio an officer must have Reasonable Suspicion of criminal activity to detain someone the agents claimed his light discipline was suspicious in a hi trffic area but turning off vehicle lights is not a crime when they accused him of taking off after being questioned he reminded them that leaving an encounter is legal if not detained under Texas code of criminal procedure section 14.03 officers cannot make a warrantless detention without specific evidence of a crime unable to justify their actions they kept shifting their reasoning contradicting themselves repeatedly the driver staying calm forced them to admit they had no actual crime to charge him with hey What's happen you man yeah yeah everything's fine for a yeah yeah yeah I was I was stop yeah I who no no I'm married man H I'm married no I know but where you coming from I'm I'm married why you're asking me personal question you said you're married yeah I I'm not gay I said I'm not I'm not gay man I don't I don't swing your who are you sir okay so you're in our area of responsibility sir okay we have certain describable based on the car based on where you were parked okay your light discipline sir my what your light discipline with your vehicle having your lights off in an area of high traffic we're just trying to make sure you're all good what do you mean high traffic well high traffic of of illegal uh smuggling that goes around here a lot what why did you have your safety sir you're whether you're in this line of duty if you're scared okay again oh it doesn't matter just give it to us as toys sir it's not serious hey so all right have a good one what do you mean have a good one going this say it doesn't work doesn't work it's like it doesn't work it doesn't roll down doesn't work no this side can I open it no this side this side right here go down doesn't work come this side I can't come to that side there do traffic let me move little more [Music] how you doing sir so what's the reason for this stop man uh we had two agents that said you were lights out over there hanging out on the side of the road okay uh and they began to question you and they said you just took off on them yeah I they weren't detaining me so no they didn't no cuz they told me they were they were questioning you of course yeah anybody can question anyone right yeah no no and then you're driving all over the road no I'm not you're driving behind me with your hide Beam on yeah I was FR of your plates are uh so what were you doing over there what I'm not gay man I'm sorry what I'm not gay why are you asking me personal questions that's not a personal question yeah that's personal really person why were you pulled over on the side of the road that's a personal question do do you at least have Reasonable Suspicion to pull me over yes I do for what crime there's no crime okay then you don't have reasonable you know how Reasonable Suspicion Works yes I do frustrated the officers demanded the driver step out of the vehicle without legal justification Under Pennsylvania D Mims officers can only order a driver out if the stop itself is lawful the driver refused pointing out their lack of reasonable suspicion which made them visibly agitated they then claimed the area was known for smuggling but under the Fourth Amendment proximity to crime does not justify a stop Texas Courts have ruled that an officer cannot detain someone based on General suspicion tied to location BL the officers began shouting conflicting orders unsure whether to demand he St or leave their desperation became more apparent when they noticed a legally owned firearm inside his vehicle sir how you doing tonight who are you it's all right sir I'm just who are you excuse me who are you I'm a voter pator engine Cruz okay here I working West oh well nice to meet you am I still being detained or what sir am I still being detained no you're not DET okay thank you I don't I don't want to talk to you we're doing a like right now concern somebody was saying that you was under we're going to make sure you're okay am I still being detained am I still being detained sir you're not being deted simp question we going to ask you are you okay you feel like physically feel okay all right why do you need so many officers cuz we work in this area we're Corners so we work at night that's what we do all right so am I still being detained sir are you okay I'm to go are you good to go like like physically you're good cuz right now over there and it was something about not I'm not as answering anything you ask me you may leave now play [Music] Vier all right you're good to go you all right don't step out of the vehicle do not step out of the vehicle am I detained or step out am I detained am I detained well leave not step out of the vehicle stop touching my car stop touching my car stop touching my car nobody's touching your vehicle get in your vehicle and and leave it's all right so right now we're telling you like around this is a Highway you the other people Highway leave my car you what you want to talk to Super you whatap am I still being detained C2 237 do not step out of the vehicle step back in the vehicle get back in the vehicle you are not detained you can leave move away from me move away from me get back in the vehicle am might get back in the vehicle you are not get get you can leave move away from me move away from me move away step out of the move away from move do step out of the vehicle a gun over there you have a gun over there I'm not detained I'm not detained sir for your safety and my safety I'm completely safe I'm completely safe do not reach for the gun desperate to reassert control one officer asked where the driver was coming from under Rodriguez versus United States officers cannot extend a stop Beyond its original purpose without new reasonable suspicion instead of answering the driver responded I'm married throwing the officer off completely the confused agent struggled to continue realizing he had lost control of the conversation the officers then tried to justify their actions by touching his vehicle and insisting he leave Texas law does not require a driver to answer personal questions unless they are lawfully detained their conflicting commands only proved they were panicking Under Pressure you need to leave right now yeah but you don't reach for the you need to leave right now the you know where the gun is where my hands I'm not detained no you're not you need to go you need leave stepping out of there right now you're going to put it in danger traffic that's we're trying to avoid that I'm on the shoulder I'm on the shoulder so you can pull over to the side if you want to but I'm in the middle of the highway right now you're endangering the public [Music] the officers panicked when he drove a little further stopped and stepped out of his car terrified they quickly drove off in their patrol vehicle one officer suddenly fixated on the driver's firearm and began shouting not to reach for it under Arizona versus Gant an officer cannot seize a legally owned firearm without probable cause of illegal use the driver keeping his hands visible calmly reminded them he was not detained Texas penal code section 46.2 allows legal firearm possession in a vehicle meaning the officer's Panic had no legal basis realizing they had no Authority the officers became visibly anxious struggling to maintain their composure their final attempt to control the situation completely backfired when they were forced to let him go by standing his ground the driver exposed Their Fear and made them back down in humiliation like And subscribe for more police camp stories watch the next recommended video click to watch now