to the back of the vehicle sir listen you're not going to tell me where to go dude or what to do you're not my boss you're not my girlfriend you're not my mom you're not my dad you're not God then back up and get away from me dude you're not getting into the car get away from me it's cold out here I'm getting in the car and there's nothing you can do about it nothing get out of my way you're blocking my way from getting in the car because you're not going to drive off how many I'm not driving off he's got my damn wallet a man was returning from a walk with his dog when he encountered a deputy who claimed to smell marijuana coming from his rental vehicle the officer immediately began searching the car without consent under Arizona versus Gant 556 us 332 2009 law enforcement may only search a vehicle without a warrant if there is probable cause or if the occupant is arrested and the search is related to the offense the officer had neither yet he rummaged through the vehicle finding only CBD which is legal when confronted the officer attempted to justify his actions by saying the vehicle was parked in an area where break-ins had occurred a flimsy excuse that did not establish Reasonable Suspicion of a crime like I said you're parked in an area where you're not supposed to be parked we just had a bunch of Breakin and cars stolen out here last week not me man it doesn't matter if it's you I'm explaining to you your car is not registered to you it's a rental car and it's park and they'll play I'm not going to continue to talk over you you can stop and listen this should be a consensual conversation it's it should be a you listen to me cuz I'm explaining to you the reason why we are where we are right now okay you're parked in a place where you're not supposed to be parked not a crime I'm sorry that's not a crime blocking the road is I told your your tires in the roadway okay I'm glad you didn't I'm glad I didn't either I was waiting because you know what I'll be honest with you I've already run you I know you have warrants in Illinois out of Illinois see exactly you know all this you want to play games with you when I asked you for your ID you could have simply given me your ID and we would have been done but you want to argue I have right to determine if this car is stolen and who own you could have run the plates all that other stuff is cars rental cars aren't reported stolen until 30 days after you can sit here and argue the law with me all day but guess what I've been a cop for over 20 years I know what the law then you know that the the warrants are unex you to do yeah exactly all you had to do was provide me a driver's license I shouldn't have to man is you'rea if you're in an area doing something IL I wasn't doing anything illegal was walking my dog you suspicion that you have a vehicle that's not registered to you it's r a car parked illegally in an area that had break-ins last week I have every right to do an investigation I've been up here seven weeks building that store man right no trouble as a matter of fact the police and plat smooth were very very [Music] good I can't believe you went in my car man it's not simple when you break into my car break it is you can't you can't just go in the car left the vehicle unlocked have a right to in your car and determine who own anybody has the right to right I'm a law enforcement officer and I'm a citizen of the United States differ free exactly the officer then ran the man's name revealing unexecuted warrants from another state under Terry ve Ohio 392 US1 1968 an officer must have reasonable suspicion that a person is engaged in in criminal activity before conducting an investigatory stop instead the officer used baseless justifications to prolong the encounter despite the man having committed no crime when the man asserted his rights and questioned the officer's Authority the deputy became increasingly aggressive attempting to dominate the situations by issuing threats and trying to intimidate the man into compliance yeah exactly what I you can't just you want to stop arguing yes I can by law I can determine who owns this vehic and where it's supposed to be you don't have a supervisor I am the supervisor man that do you realize how many followers I have on Instagram I mean uh YouTube your your Department's going to get thousands of calls man absolutely and they're going to realize that obviously you can't just go into some you lied to me first off okay I did not lie to you I I've explained this and I'm not going to continue understand what you're saying you didn't lie to you I did say I smelled marijuana in your car and you said there's no Mar you went in my car and you found it man without my permission no you didn't cuz I haven't smoked it in like days it doesn't matter marijuana has a distinct smell and I smelled it earlier it's on my body camera when I was looking in your vehicle for a rental agreement to determine who owned the vehicle to make sure it wasn't stolen all completely legal under the state law and under the Constitution I'm not I'm not simple plain and simple and so this is CBD it's not marijuana correct that's correct okay so when it gets tested it's not going to come that's absolutely 100% true yes okay so then why are you so worried about it I'm not worried man this is my right man con I'm trying not to this is a con you should watch some of my videos man I I highlight great officers all over the country I do okay and I appreciate that but you're not you're acting like a right now you know what if here's the situation if your job is to drive around and try to lure officers into I don't do that because obviously Park the place that you should have been it's a golf course with a with a with a walk I I came back with my dog the first thing you should have said is oh he just took his dog for a long walk right yeah right do you think I'm going to take my dog to break into freaking houses come on you know what sir all kinds of things happen unfortunately my job is to investigate those things again like I said last week multiple cars were stolen I'm sorry multiple houses or Vehicles were broken into that happens all over the country man I'm all over all over the that's fine I'm glad that you're all over the country and I'm glad that you're doing your part to be a number Sergeant summer 92021 s o m m r and you sir Stephanie Murphy Murphy and your uh badge number one more time 92032 thank you oh hey what all right we're going to get you a citation for the paraphernalia and the marijuana and if it comes back that it's not marijuana then most likely they'll drop the charge but I can't feel test it at this point right here it smells like marijuana it appears to be marijuana CBD okay you I don't use marijuana I don't use CBD so I maybe you should because you're a little high strung no yes I well unfortunately that happens when people are un Cooperative I'm not uncooperative you have no right to go through my vehicle you have no I don't care if you want to continue or not why don't you Google I man I well tell me what the first amendment is in yeah where's my dog there are certain things that you can do warrantless searches on you can't go in my vehicle and I will be down there tomorrow to file complaint you can absolutely do that sir yeah yeah the officer clearly frustrated that his unlawful search turned up nothing decided to site the man for marijuana possession despite despite knowing the substance was CBD under iara versus Illinois 444 US 85 1979 mere proximity to suspected Contraband does not justify a search or seizure who without probable cause the man rightfully challenged the citation pointing out that field tests would prove it was not marijuana instead of admitting wrongdoing the officer doubled down exposing his intent to punish the man for standing up to him the man's refusal to back down enraged the deputy who then escalated the situation further by preventing him from returning to his car falsely claiming he was attempting to flee why did you get picked on the school I don't have I can step anywhere I want bro I've asked you to step over the just I have to do whatever you say you're God I'm asking you to step thead I'm asking a question are you you care nothing about my safety you get off the roadway please off the roadway for your sa no now what okay sir if you want to be in Cooperative you're just making a fool of your no I'm not and you get thousand of calls believe me thousands because you're and there's nothing don't call what what Police Department do you work fory Sheriff's Department Cass County Sheriff's Department do not call and and make file a complaint against Sergeant summer that's right where's my dog at your dog's in the car sir this is why there's such a divide between law enforcement and citizens right here you you have no right to go in my car actually good citizens and law enforcement get along just fine yeah yeah right that's why you how many how many cops have you arrested huh bad cops yeah how many bad cops in your career yeah none really yeah I guarantee it I I'll pull you record okay [ __ ] see again you're just making dude I don't care you are an [ __ ] right yeah the the the definition of [ __ ] you have no right to pull me over you have no right to check my car you have no right to look in my car none no you don't we'll see yep we'll see y you have no right to run my name what are you running my name for to determine whether or not you're a wanted person I'm a wanted person what are you going to do about it I have warrants all over the country yeah you're proud of it aren't you no I'm not they're un extraditable anybody who would flaunt that in front of a law enforcement officer must be proud of it yeah yeah well so I wish I know that you wish that they were extraditable so you could take me to jail because you love to put people in cages if you choose to be a criminal and be belligerant I'm not a criminal you're a criminal you went through my car while I was walking my dog check no you didn't illegally illegally well you need to Google your uh facts you need to go Google this Google The Google the Constitution y you're such a a great citizen sir I really appreciate your cooperation yeah well I really appreciate you violating my rights that hasn't happened yet this is this happened several times I told you don't touch me I told you don't go through my car I haven't touched you sir yes you did you patted me down oh I I'm sure when we watch the body camera I'm going you're going to hear him oh I'm going to get the body camera give me the incident number so I can go down and fo you requested tomorrow you can absolutely do that sir your [ __ ] Deputy pulled a taser on on me because you're being uncooperative I'm being uncooperative because I don't have to give no I'm not because I I have rights I'm being uncooperative Alaska you are required to identify yourself you are not inv you do not have wrath reasonable articulable suspicion that a crime has been committed or that you're in the process of a crime or I'm in the committ so what deter what what crime have I committed what Raz do you have how do I know you weren't burglarized in houses that's suspicion is that a felon or Miser Artic is that sup yes no there's no reason here clue there's no reason here none y you saw me come back with my dog my dog right my dog good hopefully it's your dog maybe maybe you up for report tomorrow maybe maybe if you maybe maybe maybe yeah you can continue to be belligerant if you're not going to elevate me to the point I'm going to do anything you I wish you're going to get a citation you know why you're not going to do anything with me because you're a coward sure that's why y you're a coward yep that's what you say yes but I'm not a criminal so that's all that matters [ __ ] yep you're a criminal you're not a criminal you just went through my car illegally it wasn't illegal sir yes it was no it's called the automobile exception to warrantless searches whatever keeping it up yes yes and you ran my name why to ver who you were well here's how it works I don't want to hear matter of fact just shut up man you're dismissed get the [ __ ] on you're dismissed you can stay out here sir no I'm getting back in my car you're not getting in your car until you get your citation step to the back of the vehicle sir listen you're not going to tell me where to go dude or what to do you're not my boss you're not my girlfriend you're not my mom you're not my dad you're not correct back up and get away from me dude you're not getting into the car get away from it's cold out here I'm getting in the car and there's nothing you can do about it nothing get out of my way you're blocking my way from getting in the car because you're not going to drive off how many I'm not driving off he's got my damn wallet you've been uncoop shut up man get away from me get away from get away from me get away from me get away from me get away from me you can continue to yell it's not going to happen you're not you can continue I'm getting in the car dude it's cold and you're not going to stop you shut up shut up understand if you leave be arrested he shut your mouth sure if I leave he's got my wallet that's the only money I have you think that matters that he has your wallet shut up realizing he was dealing with someone well-versed in his rights the officer attempted to assert dominance by preventing the man from re-entering his vehicle under Florida versus Royer 460 us 491 1983 an officer cannot restrict a person's movement without probable cause to arrest the man unfazed by the intimidation tactics dismissed the officer calling him out for his unlawful actions and exposing his corruption frustrated and humiliated the officer had no real justification to continue the stop the man made it clear that his Department would receive thousands of calls uring accountability for the depuy's misconduct in the end the officer had no choice but to let him go knowing his abuse of power had been thoroughly exposed like And subscribe for more police cam stories watch the next recommended video click to watch now