you said I was resisting just don't no but it's good threaten you am I detained you are being detained you gone I want to B you I want to run your ID and then let you go since now you want to stay the encounter begins with the sheriff demanding the citizen identification without any evidence of a crime under Texas penal code section 38.2 a person is only required to identify themselves if they are lawfully arrested not simply detained despite this clear standard the sheriff threatens arrest in an attempt to force compliance calm but firm the citizen refuses highlighting the sheriff's overreach and requesting a supervisor to clarify the law how you doing she kind of filled in on what was going on did she explain you that they can't sell baby formula once they return it oh after she I already did okay it's time to go so here they don't want you back in here okay so if you come back what's your name you don't need my name oh yeah I do you sure you know the law yes sir I think I know the law okay basically you got more important stuff to be doing right now I know I know so I just want to get your name and get out of here why would you need to run me you don't got any warrants do you huh no sir okay well I was just wondering cuz most people when they don't want to give you their name is wored about them having warrants you got your camera on yeah okay so what's happened I I I really don't want to talk about it now because you that's fine you you I've been I've been what you breaking my constitutional rights sir oh I am okay I promise you are okay but I just like you don't want to explain to me I'm not going to teach you you should already know these things so I'm going let you what constitutional right did I break he's an auditor listen to your friend huh listen to your friend he's an aitor this something he does big on TI to big on YouTube but I've watched a lot so I know kind of how it works so can you can you explain to him why I don't have to give him my name or my identity I don't have to sir when you're when you're in here in Walmart causing a disturbance and they call us yeah we need to investigate what's going on you got a supervisor because you you going keep telling me can you get them out here thank I don't have to identify myself want I'm just trying to learn you before he get here cuz he going to tell you the same thing so what most Auditors do is they'll try to get you to put your hand try to get you put I know Pete just listen if he call it a disturbance I understand understand completely but their goal is their goal is they want for Warrant no you're breaking my constitutional rights by by threatening to take me to jail for not giving you my name when I haven't committed a crime threaten you to take you to jail you said I was resisting just don't talk no but it's I threaten you sir I'm on camera it's on camera you said I was resisting resisting what the only thing you can resist is arrest I can refuse to give you my name but I can't resist you unless you're arresting me am I detained you are being detained under what panel code under this call right now that I'm on this investigation what panel code the sheriff declares the citizen detained claiming this justifies his demand for ID however the Fourth Amendment prohibits detentions without Reasonable Suspicion of criminal activity the citizen calls out the lack of probable cause stating that being told to leave a private business does not equate to a crime a younger Deputy steps in recognizing the citizen rights but the sheriff persists in misusing his authority unwilling to back down give me one second thank you sir see you're the one want to cause trouble no I don't I would have just left but you you thought I didn't know what I was talking about you thought you was just going to break my constitutional you gone I want to B I want to run your ID BR and then let you go since now you want to stay and you want to wait for my supervisor to come and talk to you we going to stay here and we're going to wait on him he going to come talk to you he a coming to talk to me buddy we going to talk to you all right I thought you was a nice guy but came there me I was resisting and things like that you didn't even want to hear my story they called me you haven't given me a chance you know what's going on you hadn't even given in my hand right here look what I'm dealing with baby formula right and then you think I'm in C trouble I'm not upset you because they wouldn't let you buy it back I bought it back they already broke the law by selling it back to me you were calling they fail you about to fail so they they said call me your test and they want you out that's all that's that's all it is I walk out willingly with you and then you said you want me to hear your story said was resist tell St you won't tell me your story you want to get me on camera you didn't want to hear it you already on camera saying you didn't want hear you want to get me out of character which I'm not I'm just telling you what you're doing all right you don't really want me to hear your story but you like to tell me sir I'd like to listen not now okay you already broke you do want to wait for my supervisor so we're going to sit here and be quiet and wait I'm not going to be quiet okay first amendment you know that one I don't got to be quiet you don't have be quiet thank you I am appreciate it deescalate that's your job deescalate the situation I do every day didn't seem like it yeah session good yeah you want to speak to our super yes sir definitely definitely you you been great sir you been great great he's older I'm younger I watch a lot more like stuff I understand man I didn't come to call trouble I didn't even know he was coming I this what I was dealing with but he came in and barged in on me like I don't know my rights and I ain't got nothing at all so but you know there are there's constitutional rights there's federal law and then you got state law nothing Trump stoes constitutional rights sir nothing you should know that just in case you have to just in case just in case you lose your badge you should understand at your constitutional rights hey if you got me dog buy you got me here you got me here but guess what but you been nice man I I appreciate you I promise man good energy man can I ask you a question yeah go ahead go ahead have I been ugly have you got have you got any money yet any money yeah plenty from suing n i i i don't need to do that I how was I not I asked him man I I I ask you your name hey ask him he told me I was resisting arrest in front of all these in front of all these people Walmart as if I'm a criminal man name I like man come on man but you did you not tell me I had to give you my name huh did you not tell me I had to give you my name so here no you said you had to give me I had to give you my name it's hot I'm going to sit in my beautiful AC man you blessed man I got I got to stand out here and wait on the supervisor man it is hot he told me I was detained and I'm trying to figure out why because you want to be I can't leave because you want you you can leave right leave right now going now I don't want your supervisor I want him to teach you something want to teach I'm not going on your own I'm walking away you detain me no it's on camera didn't it detain me you seen it you ain't got to you get you getting you some good footage I just said you could go home but hey you want to stay here and wait on him that's up I'm definitely going to wait on him this is silly you told me I was detained and you think I'm going to walk off from you well I guess I guess you have me detained now because I got stuff I got to do but she got me detained now so we got each other detained well you should you on way you talk to him and then I'm out of here you should have came with a de escalating spirit and not the one you in okay okay camera unlawful detainment for what for what causing a disturbance in Walmart I ain't causing no disturbance accusing the citizen of causing a disturbance the sheriff doubles down without presenting any evidence or investigating further under Brown V Texas 1979 the Supreme Court made it clear that citizens cannot be compelled to provide identification without Reasonable Suspicion of a crime the citizen schools the sheriff on the difference between private property rules and Criminal Trespass leaving the officer struggling to justify his actions the younger Deputy attempts to deescalate further undermining the sheriff's flawed approach call the disturbance in Walmart I ain't call no disturbance I was as quiet as I was as quiet as a stand right there us when you look on my call the signal on the call says a 25 which is a disturbance does that camera lie neither does mine that's right you understand I wasn't here when the disturbance was going on you didn't care to be here you could have got my side they probably have cameras on the whole thing you could have got my side tried to no you didn't but you just want to talk about constitutional rights and you want to talk about pot stir and stuff cuz you trying to stir my constitutional rights is more important than you trespassing me from wmart for something you ain't even discussed among this is a what your name was this is a private owned business I'm the public how is it wrong for you ask you what your name is I'll pay you how is it I live right around the corner you just ran my name my name on here you just R my name I pay my taxes that pay you this a private own business to protect the Ser not want to talk about who did you swear to protect and serve under own the public this is private own and I'm here to serve and protect you who what you protecting them from huh I'll go ahead and let you Pat me down too before you get to acting like I got something on me I'm just standing here waiting on my cuz what you protecting them from you getting all excited not me man I I I wake up excited good spirit manal rights you not have any idea who I am you're right what's your name and badge number Peter tadow 2733 sheriff's office now we do but you do not know me so quit judging me you judge me I never judge you you just said I caused the disturbance and that was it you said I caused the disturbance told you Walmart didn't want you any you said I caused the disturbance to who they wrong me and you don't even know that they called me because you they said you started a disturbance they wrong me and you don't even know that cuz you haven't cared enough to ask sir I wasn't here you came to protect the private own business instead of the public I'm done talking to you I know you are you not smart enough to talk to me okay that's fine you keep belittling me sir that's not talk to him I'm not belittling you you belittle me you're free to go but you can talk to him you I know I'm free to go and I'm free to stay okay you're not free to stay I'm free to go I'm free to stay if you stay at Walmart I'm detained remember okay when you leave right when I leave I haven't left yet a trespass is when you leave and you come back learn the law how you doing sir we I don't know I got what's your name and badge number sir it's a sergeant Robert Presley man 167 thank you sir he just broke my constitutional right okay hell's that under the threat of arrest he told me I had to give him my name and I hadn't broken the law yeah in a last ditch effort the sheriff shifts blame onto the citizen claiming he is the one prolonging the situation however the citizen firmly reminds him that under 42 USC section 1,983 violations of civil rights can lead to lawsuits realizing he's been outmaneuvered the sheriff begrudgingly steps back his ignorance exposed this encounter highlights the importance of knowing your rights and how standing firm against overreach can leave even the most powerful figures humbled please like And subscribe for more police cam stories watch the next recommended video 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