Man Arrested for Asking Cop for ID

He refers to himself as a peace officer which is a canadian police officer for those who want to argue.

Peace Officer definition: Law enforcement officer; person empowered to make arrests; police officer.

www.duhaime.org...
This is aparently the court case that handled this situation, and here are a few exerts:
First the youtube comments,

I asked this question for a reason. I was not trying to cause trouble. I was defending our rights. I was trying to have a rational discourse with him, and teach him a bit about how far gone the rightful interpretation of the law in Canada is. Instead he taught me. I was then brought downtown, treated disrespectfully, and put in a cold solitary confinement cell for 7 hours for being drunk which i wasn't. I am filiing an official complaint.

Now to the *blog*

When it was our turn in front of the judge, he moved for adjournment, and the judge asked me how I felt about it. I told her that it would cost me more to come back to court a second time than the ticket was worth. My objection was sustained, and she told the cop he would have to present what evidence he had "today."

The cop was then asked to take the stand, and swear on the bible that he was going to tell the truth. He then proceeded to lie no less than 6 times. He said that I refused to identify myself; he said that someone else was holding the camera, that I refused to leave the park, that I reeked of alcohol, he said that my 'associate' was passed out on the ground drunk, and my behavior was "100 % improved" on that day, in comparison to the day in question. All lies, some purposely deceptive.
I was patiently waiting my turn to grill him on the stand under cross-examination. I knew I was going to force him to contradict himself and he knew it too. I could hear his voice wavering.

Unfortunately, the judge paused before it was my turn. She reviewed some text from her law books, and said she was going to dismiss the case.

The reason the case was dismissed was because, by the cop's own admission, he was unable to personally and directly establish the link between me, and my corporate (legal fiction) person.

She used the word identity often, and mentioned the precedent of a case involving someone named 'Shriver.' She told the officer where he could learn the rules that he failed to abide by, and he wrote it down. She specifically said that it was not a technicality, and that there was an important reason why she made this ruling and that he needs to understand it.

axiomatica.org...


Now i feel bad and all, and I'm not one to comment on many things. But this is annoying how police seem to believe their above the law.


EDIT FOR MODS:Can this be moved? This wasn't my own personal story but it seems this is a place for personal stories. This is just someone else, not me. Appologies

Sadly, they do feel like the rules werent made for them, and this is just another fine example, thanks you for putting the spotlight on them, and thank goodness it worked out for you! You get two or more of them togther lying against you in there and you dont stand a chance!

reply to post by Anttyk47


Good for you, friend, I hope the officer learned something.
Unfortunately,most people don't know the law and their rights, and many officers take advantage of that. I have seen it myself.
No one is immune to ego, and power is a catalyst for it

I wish that who ever made us would have made us so that when we tell an out right lie that we would piss all over ourselves....I think this would have been great...

uhh...were you tresspassing? the cop looked like he was just doing his job. why would you need to ask for his ID when he is obviously a cop

Too bad we can't see what happened before...only the "incriminating" evidence. To be honest with you...I hate cops with big egos myself, but the guy filming is completely annoying and does sound like he's been drinking to me. He was obviously asked to leave the park by security at which point he didn't comply and they had to get the police involved...this guy was just looking for a fight and those types of people piss me off more than cops with big egos

Michelle

Glad your charges got dropped, and I liked hearing how the judge handled the situation.

Ahhh this wasn't me
I'm sorry i posted it in grey area at first ahah, but i edited to try to say this wasn't me :O
Just wanted you guys to see some stuff thats happening in the world.

Again sorry for confusion!

I fully support the intentions of our fellow Canadian brother, but without more video it is impossible to determine accurately what exactly took place. The man attempting to assert his rights did it in a way that is only going to cause the officer to become agitated, and we all know what happens when uninformed minds become agitated. I would have demanded his supervisor to come to the scene (with hugs and kisses), demanded he showed me the law in writing(more hugs and kisses), and definitely would have started rolling tape a lot sooner (for my protection). You have to get them with your politeness and ability to remain peaceful in what most people consider a hectic confrontation.

Glad to hear that the "judge" actually upheld the real law (common law), and dismissed the case, I'm even more glad to hear that she advised the officer to understand exactly why the case was being dismissed.

If I was the unlawfully arrested man, I'd be filing criminal charges for wrongful imprisonment against the officer. There's no way to send a message to someone without hitting them in the court that they swore allegiance to. The publicity, humiliation, and proof of ignorance will be plenty to damage this officers career, and stop others who might think about unlawfully arresting another human being.

Message to COPS: Know the law you are attempting to enforce, or it will cost you dearly when you run into someone like me.

Originally posted by yourmaker
uhh...were you tresspassing? the cop looked like he was just doing his job. why would you need to ask for his ID when he is obviously a cop

Was he obviously a cop because he had a uniform or because he was telling someone what they can and can't do? There are a lot of fake cops out there now days, good habit to ask for ID from someone saying they are an authority, sure should not upset anyone.

When asked for ID he should have shown it and then went ahead and told them they had to leave...how hard is that? I believe that is the US law they show ID if asked.

reply to post by Anttyk47


I know you've said it wasn't actually you in the clip and so on, so this isn't directed at you.

I agree with the cop.

A group of young blokes, in high spirits from the booze, self righteous attitude, not leaving when they were asked to by the park workers...we all know what was going on here don't we?

How many of you haven't been in your teens/twenty's and got into similar situations?

The cop verified the staff wanted them out, he did say on tape that they smelt of booze (so didn't make it up for court), he gave the *plenty* of warning of arrest.

They guys themselves weren't 'bad'..they were just arrogant, boozed up and idealistic..young, in other words.

The cop should have flashed his ID, but in that situation a group of boozy, non cooperative, energetic young adults can be quite a threat in certain situations..i don't think the cop wanted aggro, he just wanted to clear them from the park, without a situation developing.

reply to post by Char-Lee


Nah it's not that way at all in the USA - or at least in Texas. The detainee/suspect has to identify him/herself, including address if requested by the police officer. If driving or performing another activity that requires a license, it must be produced upon demand by a police officer. Failure to identify has been criminalized and although you may "beat the rap" you'll not "beat the ride" (arrest). Sometimes, even requesting a badge number will return a beating for the suspect as it's considered evading arrest, resisting arrest, or obstructing the police officer.

ganjoa

Originally posted by Anttyk47
Ahhh this wasn't me

I'm sorry i posted it in grey area at first ahah, but i edited to try to say this wasn't me :O
Just wanted you guys to see some stuff thats happening in the world.

Again sorry for confusion!

YES

MOVE ALONG

Nothing to see here !

Originally posted by ganjoa
reply to post by Char-Lee

 

Nah it's not that way at all in the USA - or at least in Texas. The detainee/suspect has to identify him/herself, including address if requested by the police officer. If driving or performing another activity that requires a license, it must be produced upon demand by a police officer. Failure to identify has been criminalized and although you may "beat the rap" you'll not "beat the ride" (arrest). Sometimes, even requesting a badge number will return a beating for the suspect as it's considered evading arrest, resisting arrest, or obstructing the police officer.

ganjoa

A Supreme Court decision back in the 90s made it mandatory that you provide your ID to police on request. But you also have the right to see theirs."

www.wikilaw3k.org...



"

Originally posted by yourmaker
uhh...were you tresspassing? the cop looked like he was just doing his job. why would you need to ask for his ID when he is obviously a cop

ALL COPS, yes that is how I am going to say it...ALL cops are NOTHING more than corporate security guards!!

People NEED to understand this.

Who came first? Man or government?

Ding, ding, ding.......bonus question if yuo got it right. We do NOT surrender our rights as HUMANS to "cops" who are HIRED and NOT elected. The corporate "city/state" HIRES these goons and lets them loose and the public is so ignorant of themselves they let themselves be beat to a pulp by these moronic, egotistical megalomaniacs. Wake the feck up already. WE the peole have the power no matter WHAT country you live in. MAN came first!!!

Originally posted by Char-Lee

Originally posted by ganjoa
reply to post by Char-Lee

 

Nah it's not that way at all in the USA - or at least in Texas. The detainee/suspect has to identify him/herself, including address if requested by the police officer. If driving or performing another activity that requires a license, it must be produced upon demand by a police officer. Failure to identify has been criminalized and although you may "beat the rap" you'll not "beat the ride" (arrest). Sometimes, even requesting a badge number will return a beating for the suspect as it's considered evading arrest, resisting arrest, or obstructing the police officer.

ganjoa

A Supreme Court decision back in the 90s made it mandatory that you provide your ID to police on request. But you also have the right to see theirs."

www.wikilaw3k.org...



"

Actually that ruling is bogus, your right to privacy and right NOT to incriminate yourself come FIRST!! That ruling is void. Sorry, having studied law for years I get a bit pissed when I see people cite things without the proper research. A void law is void, no matter the circumstance or people citing it. The Bill of Rights came first as did man, and NOT government. We do not surrender our rights or authority OVER government because we voted, that is an ideology lost on the public.

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution JTM) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886)

Originally posted by yourmaker
uhh...were you tresspassing? the cop looked like he was just doing his job. why would you need to ask for his ID when he is obviously a cop

not to defend anybody
but after reviewing the video,
I didn't see a badge on this cops
uniform. Aren't they supposed to
wear a badge on their uniform?

If I was approached by a man
in a police uniform without a badge, I would
probably ask to see some ID too.

Originally posted by boondock-saint

Originally posted by yourmaker
uhh...were you tresspassing? the cop looked like he was just doing his job. why would you need to ask for his ID when he is obviously a cop

not to defend anybody
but after reviewing the video,
I didn't see a badge on this cops
uniform. Aren't they supposed to
wear a badge on their uniform?

If I was approached by a man
in a police uniform without a badge, I would
probably ask to see some ID too.

Exactly, if for no other reason than he is out of uniform and has NO AUTHORITY!!!

Second line if needed

Originally posted by daddio

Originally posted by Char-Lee

Originally posted by ganjoa
reply to post by Char-Lee

 

Nah it's not that way at all in the USA - or at least in Texas. The detainee/suspect has to identify him/herself, including address if requested by the police officer. If driving or performing another activity that requires a license, it must be produced upon demand by a police officer. Failure to identify has been criminalized and although you may "beat the rap" you'll not "beat the ride" (arrest). Sometimes, even requesting a badge number will return a beating for the suspect as it's considered evading arrest, resisting arrest, or obstructing the police officer.

ganjoa

A Supreme Court decision back in the 90s made it mandatory that you provide your ID to police on request. But you also have the right to see theirs."

www.wikilaw3k.org...



"

Actually that ruling is bogus, your right to privacy and right NOT to incriminate yourself come FIRST!! That ruling is void. Sorry, having studied law for years I get a bit pissed when I see people cite things without the proper research. A void law is void, no matter the circumstance or people citing it. The Bill of Rights came first as did man, and NOT government. We do not surrender our rights or authority OVER government because we voted, that is an ideology lost on the public.

I was making the point.... But you also have the right to see theirs." is this wrong? i remember a guy was going around raping women he had a badge and looked and acted like a cop, they said you should always ask a cop for ID?
Sorry it bothers you that people site what they read and hear if THEY have not studied law for years, but that is what we do on ATS.

reply to post by Char-Lee


No problem, and you should ALWAYS ask a cop for ID and then tell him he is a "Public Servant" and to mind his own business, if you violated no ones rights, property or liberties and did not harm anyone, they have NO JURISDICTION!!!! THAT is the problem, jurisdiction. They "believe" they have it but they don't, Look into your states Constitution and then the Magna Carta.

All political power is inherent IN the people, not the cops or city/state. But humans, US, WE.