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UPDATE: I mistakenly thought that the slain man was in the passenger seat, but Mike Rivero at WhatReallyHappened.com points out: "The video was taken using the front camera of the iPhone, which flips the image like a mirror. If you look carefully, you see the steering wheel in front of the young man and the cop's wristwatch also gives it away that it is a mirror image. The part that REALLY bothers me is how all the "cops" stand there for a whole minute doing nothing while the girl screams into her cell phone."
In a very sad interview, Mr. Castile's relatives went on TV and said "He had permission and a privilege to carry a firearm within this state. He told the cop he had a gun. We taught him to comply, whatever they tell you to do, do it; do whatever they tell you. What's the difference between complying and you get killed anyway?"
I've covered this topic many times before, but it deserves a reprise, especially given the recent murder of Philando Castile. He was simply a passenger in the vehicle driven by his girlfriend, who was stopped for a petty fix-it ticket. Police officers can not demand ID from passengers unless they have probable cause. This 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. Here are some of these cases.
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.
The Edward Lawson videos are embedded below. But first some relevant case law and some experience I've personally had with this topic.
The Supreme Court has also ruled that Traffic Citations DO NOT Justify A Vehicle Search -TRAFFIC CITATIONS DO NOT WARRANT A SEARCH OF VEHICLE, DETAINMENT OF PASSENGERS, OR COMPULSORY ID FROM VEHICLE OCCUPANTS. Don't let that cop search your car!
In Knowles v. Iowa, 525 U.S. 113 (1998), The Supreme Court held that the Fourth Amendment does not authorize a full automobile "search incident to citation". The Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense: "the need to discover and preserve evidence does not exist in a traffic stop, for once Knowles was stopped for speeding and issued a citation, all evidence necessary to prosecute that offense had been obtained. Iowa's argument that a 'search incident to citation' is justified because a suspect may try to hide evidence of his identity or of other crimes is unpersuasive." [Wikipedia entry here.]
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.]
Also, the trooper's employer, the Texas Department of Public Safety, was later forced to admit in federal court that "The Passenger Is Under No Obligation To Comply With Request For ID".
Kenny Capell, a commercial truck driver who drives with his wife, made the news last year when he was arrested and charged with 'obstruction of justice' in Georgia when he refused to show his ID to a DOT officer who had demanded he wake up out of the sleepr berth and show her his ID for no reason whatsoever. After dragging the case out for a year, costing him time and money, witless prosecutors eventually dropped all charges against Kenny when he demanded a jury trial, and they realized that they had no case.
Mr. James P. Lamb, Chairman of The Small Business in Transportation Coalition ("SBTC") [smalltransportation.org], is a former Dept. of Transportation Motor Carrier Investigator/Federal Inspector from New York. He heard about Kenny's case and really went to bat for Kenny in this matter. He volunteered to be an expert witness in the case and fly from Florida to Georgia on his own dime, to testify for free. 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 also Former DOT Motor Carrier Investigator/Federal Inspector Decries "Rouge Officers" Engaged In "Abuse of Power".]
Todd Dills at OverdriveOnline also publicized my trucking website DontWakeMeUp.org and covered Kenny's case: Driver cleared of obstruction charges after being woken up by police in the sleeper of team-driven truck (3/3/15).
Nevertheless, despite countless U.S. Supreme Court rulings upholding the rights of citizens for decades, even since before I was born, many police and rogue cops throughout Texas and the USA continue to search people's cars illegally, demand ID with no cause, demand people answer their questions, plant guns and drugs, etc. Police get away with the most egregious and wild behavior these days. Aside from the traffic ticket revenue-schemes and speed traps to fleece people out of their hard-earned money, which is bad enough, police today even rape, murder innocent people, steal people's life savings, and demand their cell phone numbers. We have a literal lawless criminal government.
But there is hope. Here is a very interesting story of How a Youtube Video Helped a New York Woman Learn To Properly Deal With Rogue Police and Win $1.12 Million. The woman had been studying civil rights issues prior to her run-in with the rogue cops, and she knew how to properly behave. She did not get hurt, and she sued them later, and won a bundle. She watched the following video, 'the citizen's guide to surviving police encounters', which is embedded below.
See also: Police Stop Black Guy Fifteen Times & Demand ID, He Takes Them To U.S. Supreme Court & Wins
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[WRH Link: http://www.whatreallyhappened.com/content/why-did-killer-cops-demand-id-vehicle-passenger-anyway-its-illegal-0.]
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HERE IS THE CLOSE-UP VERSION. GO TO MINUTE 20. Trump says that the "Israel Did 9/11' Protester is "A Trump Guy, He's On Our Side, He's Very Committed, he's Got a lot of energy."
Here is the wide-shot footage from the back of the room. If you watch starting at around minute 20, That's when I interrupt him, and he responds to me. Then a few minutes later, he stops his speech again to watch the Secret Service take me out, and he is referring to me when he says:
[21:18] Oh! Don't hurt him. Don't hurt him. Be very nice.
Be very nice. Yep. Be nice to him. Don't hurt him.
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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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