All the more reason to question the actions of the one person acting under color of law in this situation. Shouldn't the burden be on him to satisfy those uncertainties before taking action?Not enough info here to determine that
All the more reason to question the actions of the one person acting under color of law in this situation. Shouldn't the burden be on him to satisfy those uncertainties before taking action?Not enough info here to determine that
The ID was provided at the same time they were figuring out what was going on. The warrant was going to pop up regardless of what they determined at the scene.
The officer can ask for, they cannot require, ID. They don't have to comply.The storage unit renter provided ID and rental documentation, which should have sufficed to satisfy whatever RAS existed. The other two shouldn't have been asked for their IDs and shouldn't have complied with the request to provide them, unless/until they were being cited for some violation.
If you have verified ID, name, DOB, SSN should match the warrant. Name, DOB, SSN match is all you need. When you run a person, sound a likes pop up ALL THE TIME. They are usually based on partial information matches. If you have a valid DL, then you know the person you have isn't lying about their ID. However, verbal info may need looked into better if you get a hit that sounds close to who you have.Now, at worst, this guy took an unwanted ride in a police car. Yes, he was unlawfully detained. IMHO, though, it's probably grounds for some retraining of the deputy and not much more. I'm having a difficult time believing that LEO arrest people for outstanding warrants without minimal verification beyond name: birthdate, social, address - something.
I don't know exactly what the 911 caller told them. They very well might NOT be anonymous. I do not know the history of that address. This property could have a history of thefts. A Terry Stop takes VERY little to satisfy. No one was handcuffed (other than the mistaken warrant obviously). This is an edited video so I have no idea how long the encounter lasted but it didn't seem like it was very long.All the more reason to question the actions of the one person acting under color of law in this situation. Shouldn't the burden be on him to satisfy those uncertainties before taking action?
That sounds like a court issue. If the officer makes a good faith effort to match the warrant information then QI should attach. We have issues with Protective Orders being left in the system after a Judge terminates them. I work middle shift so Court offices are closed so we cannot call to determined the validity of a contested PO. We arrest based on what we have in front of us. We have to assume it's valid until told otherwise. Much like your "ghost" warrants. Never heard the term used to describe warrants before.Correct and thus QI odds of being success may be high here. Where I am we have a big problem with names, DOBs and, especially ghost warrants (warrants where people have paid bond, had warrants recalled, surrendered and their Mag ORs them, etc.).
More of a Clerk issue, but yes, you are correct.That sounds like a court issue. If the officer makes a good faith effort to match the warrant information then QI should attach. We have issues with Protective Orders being left in the system after a Judge terminates them. I work middle shift so Court offices are closed so we cannot call to determined the validity of a contested PO. We arrest based on what we have in front of us. We have to assume it's valid until told otherwise. Much like your "ghost" warrants. Never heard the term used to describe warrants before.
What DID the caller say? Do you know?What evidence of a crime existed based on a call from a "passerby"? What specific, reasonable, articulable suspicion of a crime existed, based on a third-party report of people removing property from a storage unit during open hours of a storage facility? What RAS remained, once the rightful renter of that storage unit produced documentation proving that he was the rightful renter of said unit?
Who isn't bending over and taking it though. After April 15th and May 10? No taxpayer, property owner I know is exempt.As long as you are willing to bend over and take it.
That all makes sense - and aligns with my common-sense inference that the officer erred in not verifying the easily verifiable ID information to confirm he had the correct person. (And I still don't see this as a major issue. The man was detained/handcuffed/inconvenienced for some period of time - perhaps an hour or two at most?)The officer can ask for, they cannot require, ID. They don't have to comply.
If you have verified ID, name, DOB, SSN should match the warrant. Name, DOB, SSN match is all you need. When you run a person, sound a likes pop up ALL THE TIME. They are usually based on partial information matches. If you have a valid DL, then you know the person you have isn't lying about their ID. However, verbal info may need looked into better if you get a hit that sounds close to who you have.
I agree. My issue is only that, as soon as the renter showed documentation that proved he was the rightful renter of the unit in question, there was no longer grounds for RAS/Terry stop. It should have ended right there. The officer erred. The other two people - likely in an attempt to be cooperative - also erred by giving the officer their IDs.I don't know exactly what the 911 caller told them. They very well might NOT be anonymous. I do not know the history of that address. This property could have a history of thefts. A Terry Stop takes VERY little to satisfy. No one was handcuffed (other than the mistaken warrant obviously). This is an edited video so I have no idea how long the encounter lasted but it didn't seem like it was very long.
Does it matter? What could the caller possibly have said to change the calculus?What DID the caller say? Do you know?
The mall is open late…Speak of the Devil. Spend my lunch hour dealing with a PO. So, instead of chowing down on Panda Express orange chicken and watching the latest Small Arms Solutions video I got to wrestle with the Byzantine PO system.
Did he get a ride back? I may have missed that in the videoThat all makes sense - and aligns with my common-sense inference that the officer erred in not verifying the easily verifiable ID information to confirm he had the correct person. (And I still don't see this as a major issue. The man was detained/handcuffed/inconvenienced for some period of time - perhaps an hour or two at most?)
Yes. The officer drove him back to meet his companions.Did he get a ride back? I may have missed that in the video
You seemed to know a lot about the situation not evident from the edited and editorialized video, thought maybe you could clue the rest of us in.Does it matter? What could the caller possibly have said to change the calculus?
Kinda like when you pull the "I dont talk to police" during a traffic stop. Pretty much guarantees a ticket. If you dont be a d**k and are polite, and maybe even apologetic, you might just get off with a warning.
Yes you MAY exercise your rights to a ridiculous level. But it may come with a price. (not that this price was warranted)
The point is, we don't actually know what was said. Plenty could have been said. Maybe it was another renter, maybe it was someone who lives in the area, maybe someone knew them to have stolen things in the past, maybe they saw them do something suspicious like cut the lock or hop the fence.Does it matter? What could the caller possibly have said to change the calculus?
Maybe the caller reported a UFO landing, or a Sasquatch sighting.Maybe it was another renter, maybe it was someone who lives in the area, maybe someone knew them to have stolen things in the past, maybe they saw them do something suspicious like cut the lock or hop the fence.