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LackLuster-ID Refusal Becomes A
Andre Roxx (Full Video With BodyCam): https://www.youtube.com/watch?v=zXEXu640E1k
Andre Roxx Twitter: https://twitter.com/realandreroxx
Presley v Florida: https://law.justia.com/cases/florida/supreme-court/2017/sc16-2089.html
Pennsylvania v Mimms: https://www.oyez.org/cases/1977/76-1830
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I am not an attorney. My videos should not be construed as legal advice. You should seek legal counsel if you believe that you are a victim of police misconduct. The facts presented in my videos are not indicative of my personal opinion. Laws, case law, ordinances, policies, legal doctrine, and all other jurisprudence is subject to the interpretation of the court. The videos shown are designed to be educational, and informative. They should never serve as legal advice under any circumstances. The content provided is in no way intended to provoke, incite or shock the viewer. My content was created to educate citizens about constitutionally protected activities, law, and civilian rights, and to emphasize the importance of constitutional awareness. All claims made are alleged.
No one disputes that Florida law enforcement officials have the authority to pull over drivers who have committed traffic infractions, but there is a huge issue with threatening to arrest Andre for declining the Deputies request for identification.
The officer alleges that in the state of Florida, passengers must identify, even if they played no direct part in the offense. But this is false absent probable cause for an arrest, or Reasonable Suspicion that the passenger has, is, or is about to commit a crime.
in 2017, the florida supreme court ruled on Presley v Florida, and held that law enforcement officers may, as a matter of course, detain the passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment.
Deputy Dunn turns off his bodycam, presumably to speak with a supervisor to determine the legality of the stop. It is turned back on shortly after as he speaks to Deputy Ramos, who tell Dunn that they are allowed to run the k9 around the vehicle and that they need to remove the vehicle's occupants.
In the Supreme court case of Pennsylvania v Mimms, the court held that asking the occupants to exit the vehicle was a minimal and reasonable intrusion of their freedom.
Andres video was shut off as he was placed under arrest on a misdemeanor charge of resisting an officer and obstructing without violence. He was freed hours later after posting $150 bail.
Andre fought the charges in criminal court and eventually had the charges dismissed.
He is now suing in federal court under 42 USC 1983 Civil action for deprivation of rights. His case recently went through mediation but Andre isn’t looking for a settlement.
#1stAmendment #Audit #CopsOwned
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