ination that's an incomplete sentence investigation of what what crime of the it's not a crime are you going to identify yourself or are we going to remove you from the vehicle start to get your information you're going to remove me yes un LLY from my vehicle you had a weapon that looks like a weapon that might be a weapon the situation began when officers approached a driver parked on his own property claiming they were investigating a suspicious vehicle the driver repeatedly informed the officers it's my property and insisted he had no obligation to provide identification under the Fourth Amendment of the US Constitution individuals have the right to be secure against unreasonable searches and seizures which includes protection from unwarranted demands for identification on private property additionally under Texas penal code section 30.05 Criminal Trespass laws protect Property Owners by requiring law enforcement to have a valid legal reason to remain on private property with without consent despite this the officers continued demanding identification suggesting refusal was a criminal offense even though no evidence of illegal activity was presented okay cuz I don't know what you're doing [Music] here it's not a gun to me it's a gun out of the do you have an ID with you sir yes I do but we don't know it's your property sir we need to verify so so if we're we're requesting for you to identify yourself you need to identify yourself to a police officer when they ask you for identification you are wrong M we got called here so we have a right to be here so we're asking for your identification property okay and how do we know that sir if we you don't give us your name or anything how can we verify this is your property that means anyone can park over here and say this is my property how do we know that you reason uh uh to be here yes no to believe that this is not my property or what yes cuz we don't know who you are you don't need to know who I am yes we do you don't you don't you need to provide us with your identification your name and date of birth you don't you don't you don't need to know yes we do it's my property and how can we verify that you don't need to verify it's my property I'm telling you okay well we don't know that sir why you making it so difficult when just ask for ID to say give it to you or what how can we find out to to make it more easier okay that's all we that's all okay look I don't even know it's your property it's not not or I'm telling you it's my property okay well how how can you prove that to me I don't need to prove anything it's my property well first of all my name is Officer P we got called for a suspicious vehicle that might be doing uh illegal drugs so that's over here illegal drugs yeah okay now I don't know if it's you or not okay okay now you're saying this is your property well just show document I don't need to prove anything okay the officers Justified their presence by stating they were responding to a suspicious vehicle call near the entrance of a park implying illegal drug activity might be occurring however mere suspicion does not override property rights according to terv Ohio police must have specific and articulable facts of criminal activity to detain someone the driver countered by asserting ownership of the property and repeatedly challenged their authority to Quest EST identification he emphasized that being on his own property did not make him subject to questioning without probable cause not going your driver license why not it's my property I'm telling you I am I guilty of something or what am I saying you're guilty you're saying you need to prove yes you're you're calling me a liar we're a suspicious you're calling me a liar it's my property you're implementing that to yourself okay no no cuz you're saying I am to you're saying I need to prove yes you do too an officer police officer okay you do so clearly you don't know 3802 right sir like I said 30 3802 sir like I said P code 38.2 P code 38.2 look it up it's my property okay what's the address here you want to know who I am but you you don't need to know who I am no we need to know okay huh the case law says 3802 like I said sir 3802 look it up 38.2 I don't need to [Music] identify that super RIS I don't need to come on [Music] supervisor no we don't I didn't request help okay that's his pupp are you Mr Ron what's the age on the system [Music] 67 huh 67 where of the AG like I said you need to know who you are you are you don't need to know that's your will just to advise you if you want to look into that case 30 it's not when an officer can I can I speak go ahead it's not a case laot a Pinal code 38.0 okay under the penal code when an officer gets called to investigate something they have a right to be there one and then they have a right to identify subjects that are also there this is an investigation oh it has to be investigation that's an incomplete sentence investigation of what what crime of the it it's not a crime it's not a crime it's an investigation to see the the call about the suspicious vehicle that's what we are and like the other officer advised you this is not a gated property or what have you this is right near to the entrance of a of a city park somebody called in about a suspicious vehicle that's why we're here so it's suspicious is that is that a crime or what it's a call just giving us the right to be here yes 3802 that's it okay well that's why for that reason that you're not you're giving into that section and for that section I'm I'm Iden identify myself as a police officer and you're not complying you're supposed to it's a failure to ID no yes failure to ID only when I'm under arrest I'm not under arrest no sir it's not just you want you want you want to bring your your book you can look it up also no I'm I'm I'm recording right now it is not only that okay that's what I'm advising what is the other subjection that you're failing to to understand you're the officers you're the one that's supposed to know we're advising you that we have you were supposed to identify yourself because if not then you can be arrested for failure to identify yourself that's a secondary charge a a failure to ID secondary charge you can't arrest me for that yes we can you can't I I know you all do but you can't you all do it I know but that's a secondary offense the officers attempted to intimidate the driver by accusing him of failing to identify himself claiming it was a violation of the law the driver calmly reminded them that under Texas Penal Code 38.0 I failure to identify applies only when a person is lawfully arrested and refuses to provide their name or date of birth the driver further pointed out that their suspicion of him even on private property did not meet the legal criteria for detention much less arrest this exposed the officer's misapplication of the law as they struggle to justify their demands provide your identification sir I don't need to I I don't need to well based on the nature of the call the suspicious call that we got that's why we're here so meia us arriving here to suspicious call and you're not providing your ID all right you're not you so I'm guilty of something right I'm not telling you you're guilty because we're not we're not living cuz we don't know who you are you don't need to know yeah I'm guilty of what okay of not providing you us your your information that's not a crime okay providing providing false information is a crime I'm not providing any information okay well you might want to get your sergeant or somebody why you making it this so difficult cuz for get me property and nothing property so I'm guilty of something okay answer my question how how do we know that it's your property you don't need to know why not I need to know because I don't know who you are you don't need to know who I am I don't know what you're doing here all right you don't need to know what I'm doing here you don't need to know who I am cuz I'm telling you it's my property okay how what's ID no we're being caught cuz a suspicious vehicle suspicious is that a crime or what no it's not a crime then but we don't know what you're doing here okay now based on during the on the river banks based on our experience there's a lot of illegal activity that happens through here uh drugs um was crossing so we don't know so you're suspecting me of Crossing somebody I don't know you don't know that's why we're investigating okay okay y c out here that's why we're investigating that's why you're lawfully detained that's not law detained that's notw and you fail to identify yourself you could be charged of failure to identify is a secondary charge okay you you can't arrest me for failure to identify I know you all do but it's illegally I know you can bro you're getting me nervous just put your your hands in nervous okay but I don't know I don't know what you have you obviously you had a weapon that looks like a weapon that might be a weapon obviously you going to identify yourself or are we going to remove you from the vehicle so to get your information you're going to remove me yes he unlawfully for my vehicle not unlawfully it's unlawfully if you like we can also get a supervisor here yeah that that's what I'm being requesting that's what I'm been requesting you're requested one right now yeah 1300 31 [Music] what else a call you got suspicious call Sir suspicious yes sir that's it might be doing like said leg DRS might might be yeah so that's an assumption no that's what we're investigating too [Music] okay I might be doing drugs like I said we're investing well I'm not that's good okay we're here so we need to know who you are you don't you you might want to go to your car and and look 3802 on your computer 38.2 obviously believe that you already have experience and I'm pretty sure you like this with the other cops I don't [Music] know no sure come I don't know you're friends with officers huh are you friends with officers you failing to identify secondary offense a secondary where does it say that that it's a secondary you have to be under arrest see that's the second part you have to be under arrest to be charged with failure to identify if I if I'm under arrest and then I don't want to give you my information then it's failure to identify not before but the first part of fail to ID it that's that first section is just the fact that you're failing to ID the second part is if you're in custody but but that's that's just my question you know you're not doing anything wrong you're you're saying you're on your property you've dealt with this already a few times so every time say a shift changes or there's new even new officers that come onto this this area because sometimes we may change see why not just advise this is my name this is my address I'm on my property that I've already dealt with this before we just verify who you are and then we're on our way that that's that's what we were trying to tell you before all we needed to do was verify who you were that this is your property we verify that and then okay we let we let you go and you continue doing what you're doing yeah and we understand the whole thing about the gun okay you have a ride even without a concealed license that you can transport it from your home or to where you're mhm but that's where need to verify that that's a thing I don't need to verify Ser right there was trying to Pro a right right and I and I understand I understand that's what we're here for to protect your your rights yeah throughout the encounter the driver remained firm stating multiple times this is my property while refusing to comply with the officer's baseless demands the officer's vague accusations of possible drug use or human trafficking lacked any evidence or Reasonable Suspicion further discrediting their Authority by the time a supervisor arrived it was clear the officers had overstepped their bounds eventually the officers let him go after failing to establish any legal basis for their demands this confrontation demonstrated the power of knowing and asserting one's rights especially when standing up to officers attempting to misuse their Authority on private property like And subscribe for more police cam stories watch the next recommended video click to watch now