Man Illegally detained for exercising his rights(in New Mexico i believe)

[mtgasten]

was doing some late night youtube browsing, and came across this...thought you guys might want to see it, the guy obviously knows his rights and tries to assert them yet they continue to violate his fourth amendment rights and illegally search and seize him and his property.

http://www.youtube.com/watch?v=ltFgs8gvEWo&feature=related

 

[evsnova74]

I really need to stop watching stuff like this. Just angries up my blood. Welcome to the USSA! God bless Amerika!

 

[dusterboy49]

I have two comments about this piece:

1. If OC was permitted in NM then the deputies overstepped their bounds.
2. It is apparent that the person was either expecting or looking for a confrontation as he had a video camera with him. Most people walking don't carry video equipment.

 

[swilk]

He drug that out way to long ... just tell the nice officers that you have done nothing wrong. You do not consent to any kind of search. You will not provide ID.

Then close your mouth and do not say anything else.

If they choose to conduct an illegal search that is their prerogative than they can suffer the consequences at a later date.

But yeah .... I agree .... guy was out looking for this to happen.

 

[evsnova74]

I have two comments about this piece:

1. If OC was permitted in NM then the deputies overstepped their bounds.
2. It is apparent that the person was either expecting or looking for a confrontation as he had a video camera with him. Most people walking don't carry video equipment.

Most modern smartphones have built in cameras. Heck mine's about 2 years old and it has an HD camera... police everywhere had better start getting used to it. I found an app that will record audio with the screen off in my pocket totally unbeknownst to an unsuspecting LEO. We have to restore accountability somehow, given that the state has a monopoly on LE..

 

[A 7.62 Exodus]

Im ok with this one because

A) The video taper LET the officer take his handgun

B) The officer wasn't a total D-bag until the guy became smart

 

[mtgasten]

I have two comments about this piece:

1. If OC was permitted in NM then the deputies overstepped their bounds.
2. It is apparent that the person was either expecting or looking for a confrontation as he had a video camera with him. Most people walking don't carry video equipment.

i agree with you that people dont usually walk around with cameras, ive seen other videos where people literally park in front of police officers to get there attention, in this video it seems he was walking taping himself and then this ocurred, so im not sure, and yes OC is permitted in NM without a license of any kind from what i understand

 

[Kirk Freeman]

thought you guys might want to see it, the guy obviously knows his rights and tries to assert them yet they continue to violate his fourth amendment rights and illegally search and seize him and his property.

Ummm, yeah,

1. If he knows his rights why did he let the officer take his pistol?

"You mind if I take that off you?"

Yes, I do. Am I free to go?

2. If he knows his rights why is he running his mouth like a 7th grade girl?

3. Why does he try to assert his rights? Assert them and be done with it.

 

[mtgasten]

Ummm, yeah,

1. If he knows his rights why did he let the officer take his pistol?

"You mind if I take that off you?"

Yes, I do. Am I free to go?

2. If he knows his rights why is he running his mouth like a 7th grade girl?

3. Why does he try to assert his rights? Assert them and be done with it.

i didnt say he knew them well and was good at getting the point across...i simply said he knew them and he at least tried even if it was just a little bit, their is a difference

i completely agree that he should have done it differently, but thats not the point of why i posted it, the point was to show that the officers were way out of line

 

[Kirk Freeman]

Let's look at the New Mexico statute:


30-22-3. Concealing identity.

Concealing identity consists of concealing one's true name or identity, or disguising oneself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the exercise of his rights under the laws of the United States or of this state.
Whoever commits concealing identity is guilty of a petty misdemeanor.

 

[Kirk Freeman]

i simply said he knew them and he at least tried even if it was just a little bit, their is a difference

He does? What rights did he know? I did not see any knowledge of any statutes or constitutional provisions.

I heard some jailhouse magic words, but that's about it.

the point was to show that the officers were way out of line

Really? How so? Way out of line?

1. Cops get call of suspicious person.

2. Cops say that they have articuable facts of criminal behavior.

3. Cops want ID, which under New Mexico law, he must provide.

What did the cops do wrong?

No reasonable suspicion? Maybe, maybe a good suppression issue but that means you gotta be prosecuted.

If he wants to be the Great Western Patrick Henry, great, but he needs library chair time.

 

[esigler]

I have been here about six months I open carry every place I am allowed, so far no problems.

 

[mtgasten]

Let's look at the New Mexico statute:


30-22-3. Concealing identity.

Concealing identity consists of concealing one's true name or identity, or disguising oneself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the exercise of his rights under the laws of the United States or of this state.
Whoever commits concealing identity is guilty of a petty misdemeanor.

ok well i never claimed to know the laws in New Mexico, I really just wanted to know your guys's opinions about the situation in the video not get reprimanded for the words i posted in the OP

 

[HICKMAN]

I have two comments about this piece:

1. If OC was permitted in NM then the deputies overstepped their bounds.
2. It is apparent that the person was either expecting or looking for a confrontation as he had a video camera with him. Most people walking don't carry video equipment.

those with smartphones do.

 

[Kirk Freeman]

My opinion is that the our videographer should know what he is yapping about. Don't talk so much. Be polite, remember that your jury will be be composed of your peers but people in the community.

I didn't mean to come off as reprimanding anyone. I apologize if I came off too snarky. It is directed at frustration with the video.

 

[mtgasten]

He does? What rights did he know? I did not see any knowledge of any statutes or constitutional provisions.

I heard some jailhouse magic words, but that's about it.



Really? How so? Way out of line?

1. Cops get call of suspicious person.

2. Cops say that they have articuable facts of criminal behavior.

3. Cops want ID, which under New Mexico law, he must provide.

What did the cops do wrong?

No reasonable suspicion? Maybe, maybe a good suppression issue but that means you gotta be prosecuted.

If he wants to be the Great Western Patrick Henry, great, but he needs library chair time.

i understand what you are saying, but if its illegal to not produce ID in New Mexico then why did this guy, get away with it? this isn't a spiteful question im being serious...and want to know an answer lol(fast forward a bit to 2:22 in the video if you want to see the actual encounter)

http://www.youtube.com/watch?v=8BwQQSo9YX4

^^by the way, i dont like the way this guy decided to do this, this is a good example of trying to get noticed, or at least i feel like it is

 

[Kirk Freeman]

i understand what you are saying, but if its illegal to not produce ID in New Mexico then why did this guy, get away with it?

Man, that was close. What a less than optimal performance.

Why he got away with it? Probably since the officer cooled down and decided not to arrest him for the NM equivalent of Resisting Law Enforcement. The encounter at 2:22 is more of a consensual encounter than an official investigation. Man, he was lucky.

I cannot believe that he was asking questions. He wants to play street lawyer and he's asking questions about whether he needs to display ID? Holy Molely. No one do that, please.

It would be a much different answer if the Paulian was just diddybopping down the street, drinking coffee or whatever and the cops started hassling him. He walked up on the cops, that's like coating yourself in steaks and jumping into the tiger pit at the zoo.

 

[Kirk Freeman]

Consensual encounter=requires no reasonable suspicion. The smart cops will always attempt to make every encounter consensual as you have the least protections.

It is apparent that the cop with the stache is doing exactly that but, man, if he wanted to that could have been an investigation for RLE (or whatever NM's equivalent is).

 

[Kirk Freeman]

As far as the cops lying to the guy in the second video, yep, they were buffaloing but everyone remember that the cops can do that. Reason #34 why you don't run your mouth. Talking is not a force field that police officers cannot penetrate.

 

[MACHINEGUN]

Most people walking don't carry video equipment.

You have a phone with a camera and video?

If so, you carry video equipment!

This would include all who carry smartphones or iPhones!