Police Stop Black Guy Fifteen Times & Demand ID, He Takes Them To U.S. Supreme Court & Wins
By Martin Hill
November 5, 2015
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The issue of compulsory ID has been to the U.S. Supreme Court countless times and it is very clear that police have no authority to demand ID from people without cause. In Brown v. Texas, 443 U.S. 47 (1979), for example, the court ruled "to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe appellant was engaged or had engaged in criminal conduct. Accordingly, appellant may not be punished for refusing to identify himself..."
In another U.S. Supreme Court case, Kolender v. Lawson, a black man from San Diego, CA named Edward C. Lawson represented himself in the U.S. Supreme Court and challenged California Penal Code Section 647(e), which "required persons who loiter or wander on the streets to identify themselves and account for their presence when requested by a peace officer to do so." Lawson [edwardlawson.com] won and the CA legislature revoked the unconstitutional statute. Lawson reportedly died in 2011 but he made several interesting youtube videos explaining his case, which are embedded below. [Read about many more such cases at PROTECTIONS FROM WARRANTLESS SEARCHES AND COMPULSORY ID.]
Those two videos are embedded below. But first some relevant case law and some experience I've personally had wth this topic.
"The right of privacy may not be intruded upon by the government absent probable cause, see Dunnaway v. New York, 442 U.S. 200, 208 (1979); indeed, it is the probable cause requirement that "safeguard[s] citizens from rash and unreasonable interferences with [their] privacy." Brinegar v. United States, 338 U.S. 160, 176 (1949).
Florida v. Royer, 460 U.S. 491, 500 (1983) "The person approached, however, need not answer any questions put to him; indeed, he may decline to listen to the questions at all and may go on his way" Id. at 497-98.
Illinois v. Wardlow, 528 U.S. 119, 125 (2000) "If they do not learn facts rising to the level of probable cause, an individual must be allowed to go on his way."
Brinegar v. United States - 338 U.S. 160 (1949) "The citizen who has given no good cause for believing he is engaged in [criminal] activity is entitled to proceed on his way without interference" (Page 338 U. S. 177)"
In 2010, I had two rogue Texas Troopers demand ID from me with no cause whatsoever. They threatened to arrest me and take me to jail if I did not comply. I recorded them both with my cell phone at that moment. Since I didn't want to go to jail and be locked up, I complied under duress and showed them my ID, even though I knew they had no right to demand it. After the incident I filed official state and federal civil rights complaints. The Texas Department of Public Safety, who employed both Troopers, then admitted wrongdoing in writing on behalf of the two officers only one month after an internal affairs complaint was filed against the officers in November 2010. The admission letter, dated December 20, 2010 and signed by Captain Kenneth Plunk of the Waco Commercial Vehicle Enforcement Division, stated that "corrective action was needed" against both officers and that "additional training has been taken." [Here is the postmarked envelope the letter came in.]
The driver, Martin Hill, then filed a 42 U.S.C. Section 1983 Federal Civil Rights Lawsuit against the troopers for damages, permanent injunction, and to dissuade them from continuing this blatantly illegal practice. One of the internal police department documents which they were forced to release as a result of my lawsuit in initial disclosures revealed that the Texas Troopers officially admitted that "The passenger is under no obligation to comply with request" for ID.
See, this is NOT CONFUSING. It's hilarious that that the TX DPS, even though it is an unspeakably corrupt organization, threw both those filthy, bitch cops under the bus immediately and admitted wrongdoing, in writing no less! I am told by several lawyers that this is very rare. In this case justice prevailed, but in many cases the TX DPS willfully commits atrocities against innocents and then boasts about it.
Audio/video of the original incident in my case is in three short clips. First: Off Duty Driver refuses to show ID to Texas DOT inspector. The second is here: Texas State Trooper threatens arrest of driver for not showing ID. Part 3, the conclusion, is here: Civil Rights claim filed against Texas Trooper- Do not wake up sleeping trucker . Total length of all three clips combined is less than 5 minutes. (All three of these videos are embedded below, at the very bottom of this page.)
There are three main sections of my website DontWakeMeUp.org.
Here are the 2 videos of Edward Lawson. Below that is info on the case of my friend Kenny Capell of Tennesee, who was arrested, handcuffed, taken away and locked up in jail by a crazy, evil. corrupt female Georgia cop named Leigh A. Parsons for refusing to show his ID with no probable cause. Kenny was charged with 'OBSTRUCTION OF JUSTICE' in 2014, and witless prosecutors were eventually forced to drop all charges against Kenny.
1 - Cops Stop Black Guy 15 Times
2 - Cops Stop Black Guy 15 Times
Since starting this website DontWakeMeUp.org, I have received many e-mails from truckers across the country who have also been woken up illegally by rogue cops and demanded to show their ID. The 'sleeper berth' of a commercial big rig truck is 'sacrosanct', meaning involiable private property. This would be the same as cops coming to your bedroom window, in the middle of the night, banging on the glass and demanding to see your ID. That is completely insane and illegal.
One of those people who contacted me was Kenny Capell. We got attention to Kenny's case which led to a chain of events that ended up with the corrupt prosecutor dropping the case.
For full details see: Man Charged with 'Obstruction of Justice' in Georgia For Refusing Illegal ID Demand Wins, Has Criminal Case Dismissed By Witless Prosecutors 2/25/15 - Truck driver Kenny Capell of TN runs trucking a business with his wife hauling freight across the country. On April 15, 2014, while Kenny's wife was driving and he was off duty sleeping, Georgia police officer Leigh A. Parsons woke Kenny up out of the sleeper berth and demanded his ID with no probable cause at a weigh station on I-75 in Ringgold, GA. The same officer had done this a month prior so this time, Kenny refused on principal to show the cop his ID since she had no legal justification and no warrant. Kenny was then arrested, handcuffed, jailed and kept in a cage until he was bailed out twelve hours later. Charged with the criminal offense of 'obstruction of justice,' Capell fought it in court and after stalling nearly a near, the GA prosecutor dropped the case yesterday. The rogue police now face a civil rights lawsuit for false arrest. Great job Kenny for standing up for liberty!
Here is Martin Hill's official statement on the matter of Kenny Capell's case from DontWakeMeUp.org.:
"The Georgia prosecutor didn't go through with Kenny Capell's criminal prosecution because they knew they didn't have a leg to stand on and they were going to lose. Ideally, officer Leigh A. Parsons of GA would be locked up in prison for many years and held personally liable for the civil damages to Kenny. This would make officers in general think twice about doing such things if they were held personally liable instead of the taxpayers footing the bill.
It is not insignificant that the GA DPS lied and claimed that no video of Kenny's arrest existed, when in reality the internal affairs investigator admitted to Kenny that not only does the video exist, but he has viewed it. This is the sort of evil corruption that plagues society today. "Thou shalt not bear false witness" is one of God's Sacred Commandments and I do not take violating this, under the guise of a badge or the state, lightly. This is and always has been a moral issue. I am glad that state and federal government agencies visit my site regularly. These rogue agencies need to be admonished, to "Admonish the sinner," which is one of the Spiritual Works of Mercy.
Yes I have a lot of anger over this type of injustice but its a righteous anger. I am not "detached" from these issues because I understand all the hardships, financial loss, stress and burden which they placed on Kenny and his entire family, burdening them still for a year and now however long it takes for him to find recourse.
It is so evil on so many levels it makes me sick. This is not trivial. All for a very kind family who simply wanted to work hard and earn a living in America, the supposed land of the free. We prayed yesterday morning thanking GOD in Jesus name that this threat of jail and fines has been lifted from the Capell family. Thank you very much for your support of Kenny and myself in this matter." [You can watch a video interview I did with Kenny at his home in the hills of Tennessee here. It is also embedded here.]
The volume is a bit low, so to Increase volume substancially, click your volume mixer/device/speakers/enhancements/Loudness Equalization. Clicking 'Loudness Equalization' will make this video a lot louder and easy to hear. (How to Boost YouTube Volume)
Special thanks to James P. Lamb of The Small Business in Transportation Coalition ("SBTC") [smalltransportation.org], who really went to bat for Kenny in this matter. I highly recommend and fully endorse joining his organization SBTC, of which both I and Kenny are members. On 3/2/15 Lamb announced in an SBTC Press Release: 'SBTC's Police Misconduct Complaint results in Judge dismissing bogus "obstruction" charge against Trucker Kenneth Ahearn Capell.' [See SBTC's Linked In Post here.]
See our article from 9/2/14 on Mr. Lamb here:
Former DOT Motor Carrier Investigator/Federal Inspector Decries "Rouge Officers" Engaged In "Abuse of Power"
Also a great thanks goes out to Allen and Donna Smith of AskTheTrucker.com. They're the ones who told Mr. Lamb about this matter after I contacted them. Here is their article on Kenny's case: Trucker victory for Obstruction of Justice "Right to Sleep" court case (2/26/15.) Allen and DonnaSmith had Kenny Capell, James Lamb and Martin Hill on their radio show last August (you can also listen below). They had an update last week with Kenny and James discussing Kenny's case, here: Trucking Open Forum Highlights "Obstruction of Justice"
Also, thanks to Todd Dills at OverdriveOnline for publicizing this website DontWakeMeUp.org and for covering Kenny's case this week: Driver cleared of obstruction charges after being woken up by police in the sleeper of team-driven truck (3/3/15)
See, if truckers stick together and exert their rights, we can continue to see victories like these. Here is a recent letter from Anne Ferro, head of FMCSA, on the urgent importance of truck driver sleep. Most of the time you hear bickering between industry and the government. Industry wants less regulation, and government wants more. I am simply asking why the government and their agents don't comply with the rules that the feds have already imposed upon truckers. The right to refuse ID, however, applies to all people, not just those engaged in interstate commerce when they are off-duty and sleeping.
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Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, TargetLiberty.com, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, HenryMakow.com, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, SaveTheMales.ca, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, FromTheTrenchesWorldReport.com, BeforeItsNews.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.
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