We MUST know our rights and the law.
— DR JANE RUBY™️ (@RealDrJaneRuby) October 20, 2024
Watch how this man exposes the police for every day violation of civil rights and what you can do about it https://t.co/xf1OtsHZqh
How are you?
Not bad.
Just so I can concentrate on what you're saying . . .
Yep.
I'm just gonna . . .
Okay, I don't consent to any searches. I just want to make that clear.
I'm not going to search ya.
I don't consent to any seizures either.
Okay, just going to hold this so I can have a conversation with you.
Okay. What crime am I suspected of committing? And you just pointed that gun at me when it was loaded just so you know, you twisted it, pointed it right at me. Before you wrecked the slide, you pointed it right at my legs.
People are calling about a guy walking around with a gun, so . . .
That's not illegal. Can I have my gun back and get moving along?
I need your ID, and then we'll get you on your way, sir.
What crime do you suspect me of committing?
Like I said, people are starting to call about a guy carrying a gun.
Yep, that's a report of an illegal activity? What crime do you suspect me of committing? In order to stop me, you have to suspect me of a crime. Can you get your supervisor here?
He is on the way.
Okay. Thank you.
But like I said, people are concerned. It's a public safety issue. So I'm here to make sure everything is all set. Make sure you're all set, okay. So I just I need to get your ID, and we'll call it a day.
1:03. No sir.
You're not going to give me your ID?
Unless you're issuing me a summons as 17a, 15a requires.
Do you want to let me speak for a second?
Yep.
I need to make sure you're not a felon carrying this.
Do you suspect me of being a felon?
I don't know you.
Okay, if you don't suspect me of being a felon, then I would like my gun back and I would like to proceed on my way.
In order to carry a gun, you're not allowed to be a felon.
Correct, but unless you suspect me of being a felon, there's no reason for you to stop me.
There is a reason to stop you.
Unless you suspect me of a crime as Terry v. Ohio, 1968, Delaware v. Prouse, 1979, requires you to have a suspicion of a crime before you detain an individual. Brown v. Texas, 1979, does not allow you to stop an individual and demand their ID.
Can I get your first name so I can speak to you on a person-to-person basis here?
Ah, no.
You're not going to give me your name?
No, I'm not going to
You're that type of guy . . . when I'm trying to have a conversation with you?
I'm sorry sir, but for my own protection, I would rather not give you anything because any name I give you is going to go in the police report about this incident.
There's going to be no police report.
2:00. There's a police log generated for every call.
This is called a pedestrian stop.
Yep, and unless you have a reasonable suspicion that I'm committing a crime, you can't detain me. I have to be free to leave. It has to be a consensual encounter, sir.
Here's the deal, sir. You are walking down Ponger Street carrying a gun . . .
Yes.
Okay.
Is that illegal?
It's a cause for for concern.
Do you suspect me of committing a crime?
Sir . . .
Do you suspect me of committing a crime, yes or no?
I need . . .
Ah, suspenders to keep my pants up. Yeah, it's the buckle for the suspenders.
This is common practice . . .
Yep. It's an illegal common practice.
It's not illegal. You see a guy walking down the street, carrying a gun . . .
Yep, is that the only reason why you stopped me,
Yes.
. . . that I'm carrying a gun?
Yes.
Okay, in that case, I want to refer you to DeBerry v. U.S.
Here's my supervisor . . .
DeBerry v. U.S., 1996, says that a firearm where legally carried cannot be the only cause for reasonable suspicion for a stop.
Yep.
Am I free to go?
You are.
Okay, can I have my gun back?
Sure.
Thank you.
