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

[serpicostraight]

not all cops are wired the same some have common sense,know the law and go by it. the rest end up on youtube at some point.

 

[mtgasten]

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.

exactly! i about jumped through the screen and smacked the kid holding the camera!

 

[rw496]

not all cops are wired the same some have common sense,know the law and go by it. the rest end up on youtube at some point.

That's true and I doubt that there are many if any videos of cops that play it exactly right, doesn't make for good TV. The problem I have with these guys with video cameras is that they go around hoping to provoke an encounter and then show the one cop they finally convince to take the bait. Rights are meant to protect people from government infringement not to be used as a bludgeon to provoke government action.

 

[Archbishop]

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.

Well said.

 

[Archbishop]

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.

Snerk!

 

[esigler]

The man said he spoke with his attorney about these incidents, maybe he was instructed to speak that way? I don't think he is breaking that statute anyway, that for giving a false name not exercising your rights. Totalitarian police officers need stood up to, remember they are public servants. Innocent until proven guilty, how many criminals open carry?

 

[evsnova74]

My question is what happens to the cops when they make the wrong move and arrest you anyway? Are they ever actually punished in any way? Stossel's "Illegal Everything" follows 3 cases where unlawful arrests were made and in all 3 cases the arresting officers were not punished in any significant way.

If and when it becomes personal and a cop gets pee'd, what's in the back of his mind telling him what happens if he does what he knows isn't right and arrests anyway just because he's that pee'd off? To me it doesn't matter if the law is on my side and eventually everything will work out, I don't want to have to go to jail at all, that's worse than some BS charges being on my record, for me at least. (But then I do live in Marion Co. lol) So if I'm ever sitting in the rape cage for a wrongful arrest, I will find little solace in the fact that I can take some kind of legal action against the city(if I even can) or that my charges will be dropped- I know that nothing bad will happen to the person who was responsible for this theoretical atrocity against me. That bothers me. They really should be held accountable for their actions.

 

[jbombelli]

That's true and I doubt that there are many if any videos of cops that play it exactly right, doesn't make for good TV. The problem I have with these guys with video cameras is that they go around hoping to provoke an encounter and then show the one cop they finally convince to take the bait. Rights are meant to protect people from government infringement not to be used as a bludgeon to provoke government action.

Well... as long as you don't take the bait you won't have a problem.

If others wouldn't take the bait, they wouldn't have a problem, either.

 

[rw496]

Well... as long as you don't take the bait you won't have a problem.

If others wouldn't take the bait, they wouldn't have a problem, either.

I have been accused of being easily provoked in the past, but INGO has made me wiser.

 

[CarmelHP]

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.

Sorry, Kirk, I don't read the statute the same way as you do. It looks like an anti-Klan type law concerning concealing your face or lying about your real name.

 

[Kirk Freeman]

Don't we wish. Unfortunately it's a contempt of cop statute out there.

Dawson v. State, 983 P.2d 421 (NM Ct. App. 1999).

In the carbine class which I just took in Tejas one of the instructors was a retired APD officer and we talked a little shop. He advised that this one was one of his favorite catch alls. Sort of like Public Intox here.

 

[Colonel_Failure]

I like this video (well audio anyway). He handles himself a bit better.

http://www.youtube.com/watch?v=Ifv5qfuXmKQ

 

[mtgasten]

I like this video (well audio anyway). He handles himself a bit better.

http://www.youtube.com/watch?v=Ifv5qfuXmKQ

yea i just listened to this earlier, he seems to know more, and i believe he also had a copy of the laws on him

 

[Kirk Freeman]

He handles himself a bit better.

Talk, talk, talk. Your mouth is not a force field. Quit running your lobster hole and extending the stop. Quit asking questions. Shut yer yap!

 

[Glock19]

If someone actually calls a cop about someone carrying openly then the officer can stop you and make sure you are ok to carry. Show your ID and go about your business.

 

[serpicostraight]

If someone actually calls a cop about someone carrying openly then the officer can stop you and make sure you are ok to carry. Show your ID and go about your business.

with a baa baa here and a baa baa there eieio

 

[Glock19]

with a baa baa here and a baa baa there eieio

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
If you are LAWFULLY being detained, you must provide Identification. You can be LAWFULLY DETAINED for Suspicious activity i.e., someone calls the cops because you are openly carrying a weapon.
Cop asks to take your gun say NO. Show him your ID/CCW and then be on your way. Its that simple.
I am sure you are the type of person to sit there and argue with the cop and be an asshat trying to provoke a reaction, just like you are trying to do by your comment. Cop was being super patient with the guy provoking him. Let the cop do his job and he will leave you alone.

 

[LockStocksAndBarrel]

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
If you are LAWFULLY being detained, you must provide Identification. You can be LAWFULLY DETAINED for Suspicious activity i.e., someone calls the cops because you are openly carrying a weapon.
Cop asks to take your gun say NO. Show him your ID/CCW and then be on your way. Its that simple.
I am sure you are the type of person to sit there and argue with the cop and be an asshat trying to provoke a reaction, just like you are trying to do by your comment. Cop was being super patient with the guy provoking him. Let the cop do his job and he will leave you alone.

 

[thumperdogg]

If someone actually calls a cop about someone carrying openly then the officer can stop you and make sure you are ok to carry. Show your ID and go about your business.

Why should we have to be questioned and go through BS when we are not breaking a law? It is not illegal to open carry, so why even get harassed? This is like a cop stopping you for walking at night because someone called the cops and reported someone for walking at night, this is not illegal, so why am I even being questioned? If they receieved a report that I was pointing my gun at someone, that would be understandable, but in this scenario it is not acceptable at all!!

This also reminds me of what a cop said to me one time...

I was driving in Muncie Indiana one time, where I lived, in my mothers car that was plated for Hartford City, the cop pulls me over for??? whatever he wants, and asks me what I am doing in Muncie. Seriously??? I live here, besides that, regardless where I live, it is not any of his business why I am in Muncie, where I am coming from, or where I am going. Can someone explain this one to me?

 

[mtgasten]

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
If you are LAWFULLY being detained, you must provide Identification. You can be LAWFULLY DETAINED for Suspicious activity i.e., someone calls the cops because you are openly carrying a weapon.
Cop asks to take your gun say NO. Show him your ID/CCW and then be on your way. Its that simple.
I am sure you are the type of person to sit there and argue with the cop and be an asshat trying to provoke a reaction, just like you are trying to do by your comment. Cop was being super patient with the guy provoking him. Let the cop do his job and he will leave you alone.

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