Do you have any weapons on you other than other than the metal thing that you're holding? >> You think you could just identify me? >> Okay. >> This isn't This isn't Germany. This isn't Gustapo. I haven't broke no laws. Leave me [ __ ] alone. >> Okay. >> Thank you. >> So, I understand law. >> We'll show you at the station. You either identify yourself or they'll take you into custody. You decide. >> You cannot kill A SIMPLE CHECK. >> YEAH. And I >> Yeah. You could have complied. It would HAVE BEEN >> I DON'T HAVE TO COMPLY. >> WELL, OBVIOUSLY YOU DO. YOU'RE IN HANDCUFFS, AREN'T YOU? YEAH, cuz you're A PRETTY GODDAMN GESTO PIRATE. >> YOU BETTER STOP IT NOW. I'm not messing with you. You better stop. >> I ain't done nothing. >> Officer Hendrickk had no legal basis to demand ID or detain the man for simply being in a Mville Hotel parking lot cleaning his car as Nottoway County, Missouri, enforces the same constitutional standards as the rest of the nation. The Fourth Amendment requires reasonable, articulable suspicion of a crime before an officer can lawfully detain someone and demand identification in a public or semi-public place. merely receiving a call that someone has been in a parking lot for a couple hours without any report of criminal activity, damage, threats, or refusal to leave. After being asked does not meet the Terry, Ohio, 1968 standard of reasonable suspicion, the officer repeatedly claimed trespassing, but admitted hotel management never personally told the man to leave, never issued a trespass warning, and never asked police to trespass him. Under Missouri law, trespass in the first degree on property open to the public, like a hotel parking lot, does not occur until the person is given notice by the owner or agent to leave and then refuses since no such warning was ever given on camera. No trespass occurred and the detention escalated into a blatant Fourth Amendment violation by Mville Police in Nottoway County. Officers with Marville Police Department got a call from hotel management. >> I was just out. >> Gotcha. Uh they said you've been out here for a couple hours. I don't you know >> been that long. >> All right. You got ID on you, man? >> No. No. Uh there's no reason to ID me. >> Okay. What's your name? >> Doing anything wrong. >> Okay. What's your name? >> I'm not going to give you that. >> 13. You want to head this way? I mean, we got called on you. >> You've been out here for 2 hours, which would be Do you have a room here? >> No, I was cleaning out my car. >> So, that'd be trespassing. >> Getting ready to leave town. >> Okay. Okay. So, that'd be trespassing. >> That's not trespassing. >> If you don't have room here, if you don't have room here >> and we got called here >> and we got called here >> public. >> So, just get ready to put the oil in my car and leave. See? >> Okay. What's your name? >> That's all you need. >> What's your name? What is your name? >> Can I give you my name, sir? >> Okay. We got >> You have no reason to stop and talk to me. >> You got warrants or something? >> No, I don't. >> Okay. So, why aren't you giving me your name? >> Because I don't have to. Well, I haven't broken any laws. This is America. >> Okay. >> Okay. >> Hello. >> Thank you for coming to make sure I was doing nothing wrong, which I'm doing nothing wrong. So, you can go on with your day. I'm getting ready to leave. >> Well, you're not free to leave. >> Uh, yeah, I am. >> So, >> I am free to leave. >> Um, >> what am I being detained for? What law? >> Well, they said you were out here for 2 hours. >> That doesn't matter what they say. You don't have room here. So obviously the law either that would be trespassing. >> This is public property. I don't see anywhere. >> No, it's not public property. It's private property. The hotel owns this. >> Do you see anywhere it says no trespassing? >> Hotel is this? >> It doesn't matter. Do you see anywhere? >> So it's not public property. >> Do you see anywhere that it says? >> So it's not public property. >> Yes, it is. >> Okay. >> Public comes in, don't they? Public goes in there, don't they? >> Do you have your ID on you? >> You're not going to ID yourself? >> Huh? >> I said are you not going to ID yourself? >> I haven't done anything wrong, sir. Nothing. >> Are you failing to identify? >> Um, it's not illegal to fail to identify. I have not broken any laws. >> Actually, it is when I request your information. >> Okay. >> Thank you, though. >> Do you have any weapons on you other than other than the metal thing that you're holding? >> Why would I tell you anything? You think you could just identify me? >> Okay. >> This isn't This isn't Germany. This isn't Gustapo. I haven't broke no laws. Leave me the [ __ ] alone. >> Okay. >> Thank you. So, I don't understand what this aggression is towards me because I haven't done anything to you. >> Question is, you keep prying in my questions. I don't have to give you nothing. What's your name? >> Okay. Officer Hendricks. I already told you. >> What's your address? >> I already told Did I ask for your address? >> Yeah, it comes on my ID, don't it? >> I didn't ask for your address, though. >> You didn't get mine either. >> Dispatch, go. >> No. >> Yeah, I am. No, you're not. That's where you're wrong. That's where That's where you're wrong. >> No, you're not. >> Why am I not free to go? Give me name hotel crime that I committed. >> If they want this suspect name >> trespass. >> What's that? >> Name one. >> One thing, one one crime, one law I just broke. >> I told you trespassing. >> There is no no trespassing. They didn't come outside tell me I needed to leave. >> Why would they? I don't blame them. >> Exactly. Because it's not a law. >> Okay. >> Okay. So, um, >> you know it's not a law, sir. You know it's not a law. And you're breaking my constitutional rights right now that you took an oath for and that I can sue you for. >> Yeah. So, you better go check. >> Call your sergeant. >> How about you not get in that vehicle? >> How about you threaten me and and put hands on me for no reason? >> I will. >> Okay. >> You're not going to get in that vehicle, >> sir. You're not allowed to do that. Call your sergeant. >> Sergeant. >> Sergeant, I'm out of your way. Back up. Get the [ __ ] out of my space. >> Shut your [ __ ] mouth. How about that? >> Get out of my space. >> I don't know what the hell your problem is. >> Get out of my space. >> I did not come up to you all aggressive and [ __ ] >> Okay. And I said, "No, I'm not going to give you my identity." Okay. >> And I'm getting ready to leave. Did I not? >> Now you're causing a [ __ ] scene cuz I'm about to get loud. >> Except for I'm going to record this [ __ ] >> Go ahead, man. It's already recorded. >> I don't [ __ ] trust your [ __ ] cameras. >> It's green. >> Let me grab my phone. >> You are not grabbing anything out of >> Sir There's weapons in here. >> This is my property. Yeah, except for I don't know if there's weapons in there. >> It doesn't matter if there's weapons in there or not. I'm allowed to [ __ ] have weapons. >> No. >> Yeah, >> I'm allowed in there. >> Why? >> Because I don't know if there's weapons in there. >> I'm not breaking any [ __ ] law, sir. None. I'm free to go. >> No, you aren't. >> Yes, I am. I haven't done anything. >> No, you aren't. I told you hotel management called and said you've been here. >> That doesn't mean I broke a law. >> It's trespassing. >> It's not trespassing, sir. They didn't even tell me anything. So, no. No name, no nothing. Not cooperating. I do not consent. I'm free to go. Cuz you >> not broken any laws? >> Well, this is a sergeant right here. >> Have I broken any laws? No. >> Okay. So, we just got a call from hotel management that he's been out here changing clothes. >> Hands off my property. As a matter of fact, >> he said he's been out here for 2 hours just >> changing clothes. They said that >> he just said he doesn't have room here. >> You can see all the trash in the damn dumpster I just threw in there. >> Okay. That's all I was doing is cleaning up my >> You're not supposed to use public dumpsters to dump your crap in. >> Oh, now it's a public dumpster. >> So, I mean, >> I haven't done anything wrong, sir. All I did was say, "No, I'm not going to give him my name. I'm not doing anything wrong. I just put oil in my car. I'm hitting the highway to leave. Period." Okay. Well, so far what you have is they've been called here for a lawful reason. Okay. >> I'm going to talk. They're talking about something. They've got a concern. You just said you illegally dump. So now they're >> That's not illegal. >> It is because you didn't rent a room here. You don't have a right to put your stuff and they pay for that dumpster to get dumped. No, you're not talking over me. >> I guarantee you it is. I understand. >> We'll show you at the station. You either identify yourself or they'll take you into custody. You decide. >> You cannot kidnap me. I haven't broken any laws. That's against my >> That's the way it's going to go. One of the hotel manit, sir. >> Hook him up. >> No. >> Turn around. >> No, sir. >> Don't [ __ ] get so [ __ ] [ __ ] Why you want to get [ __ ] VIOLENT? OKAY. OKAY. [ __ ] >> Such a [ __ ] [ __ ] [ __ ] >> Please, sir. >> No. This was very simple. All you do is >> simple about it. What did I do wrong? >> Nothing. I didn't do a [ __ ] thing wrong. >> Y'all are illegal search. I do not consent. >> That's fine. Quit [ __ ] my [ __ ] face, [ __ ] >> [ __ ] [ __ ] you, dude. >> [ __ ] you. You [ __ ] young little [ __ ] I ain't [ __ ] doing anything wrong, sir. You want to know my name? Raymond [ __ ] gross. >> Okay, you you keep act like this. >> Get my [ __ ] cops off me. >> Go ahead. Do you have ID on? >> [ __ ] you. >> There's no ID. It's probably in the car. >> I don't have an ID. I'm homeless. You [ __ ] >> You feel better about yourself? >> No, that's all the way it goes. >> That is THE WAY IT [ __ ] GO. >> A SIMPLE CHECK. >> YEAH. And I >> You could have complied. >> YOU DON'T HAVE TO COMPLY. >> WELL, OBVIOUSLY YOU DO. YOU'RE IN HANDCUFFS, AREN'T YOU? YEAH, CUZ you're a [ __ ] GODDAMN GASS YOURSELF TYING. >> YOU BETTER STOP IT NOW. I'm not messing with you. [ __ ] you, [ __ ] >> You better stop. >> I ain't done nothing. Not swung one time. >> Are those Are those double locked yet? >> Are they double? >> Yep. >> Okay. Whose car is he going in? >> Cage. >> Cage. Let's go. >> You got no reason for this. You better have a goddamn ticket for this. You better have a [ __ ] ticket for this. >> Quit trying to pinch me. >> I'm not trying to pinch you, YOU [ __ ] DOUCHEBAG. >> WHAT ARE YOU trying to break my wrist? >> Quit trying to pinch me then. HOW THE [ __ ] AM I PITCHING YOU, [ __ ] >> You're a [ __ ] [ __ ] dude. >> You're a [ __ ] [ __ ] >> Get in the car now. >> Oh, wow. You guys are so tough. >> I do NOT CONSENT TO [ __ ] >> You don't have to. >> Good. >> That's an idea. >> When you get me down to the station, when you let me out, cuz I didn't break any laws. >> You're resisting arrest now. So, you're actually going to go to jail. You better quit. Do you understand? You're making it a lot worse on yourself. >> Do it, sir. Come on. >> Do it. Do it. >> Going to [ __ ] up, dude. I'm getting you guys for this [ __ ] That's fine. >> Your elbow in my chest, please. >> No, you turn your head that way. Don't worry. Elbow out of my head. >> Quit. I'm not doing anything wrong, YOU [ __ ] [ __ ] GET THE [ __ ] OFF ME. All of you are GETTING SUED. EVERY [ __ ] one here. >> Thanks. >> Is that car check? >> Nope. >> I know. >> I We haven't even had a chance to run him. >> Ramon Gross. I know what he said. So >> 213 dispatch >> we got an individual last name of gross >> George Robert ocean Sam first name is Raymond see if we can maybe try scanning him out. We're going to look for an ID. >> Okay. >> So I mean we're going to tow the vehicle. Also if you could hotel outside here too please. I pulled up and saw you like >> uh we have management coming out here. So So I I literally >> The arrest was straight up kidnapping with a badge. Once the man asserted he was leaving and had broken no law, any further restraint became a full custodial arrest without probable cause, turning a routine welfare check into a criminal overreach by not county officers. Probable cause exists where the facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person in believing that the suspect has committed or is committing an offense. Beck vers Ohio 379 US89 1964. The officers had zero evidence of any completed crime. No trespass warning was issued. No one from the hotel came out to say, "Get him off our property." And dumping personal trash into a commercial dumpster that was not posted. No non- guest use is at most a civil issue, not a criminal one under Missouri statutes. Arresting him for failure to identify after an unlawful Terry stop is classic fruit of the poisonous tree. Missouri's stop and identify provisions for certain municipalities, but generally tied to reasonable suspicion only apply when the person is lawfully detained on reasonable suspicion of a crime. There was none here. What the officers did was textbook false arrest and felony deprivation of rights under color of law 18 USC section 242. All while screaming at a homeless man who dared to know his rights in smalltown Mville. Like and subscribe for more police cam stories. Watch the next recommended video. Click to watch now.