Six years ago, two Texas Troopers threatened to arrest me and impound my vehicle if I did not show them my ID, even though they had no legal basis to ask for it. When I asked him why, one of the troopers replied “I’m the one with the badge and the gun.” That same week, I flied state and federal civil rights complaints, and to my shock, the cop’s employer actually admitted wrongdoing, in writing no less! The admission letter, dated December 20, 2010, stated that “corrective action was needed” against both officers and that “additional training has been taken.” Even better, the agency was then forced to admit in federal court that “The passenger is under no obligation to comply with request” for ID. I actually recorded both these idiots with my cellphone at the very moment they illegally demanded my ID. They were very dumb. 🙂
I explained some of this yesterday in my article on the federal government’s drowsy driver quiz, but I thought this deserved a more specific explanation of the issue of compulsory ID.
It all started when I was sleeping, in what’s called the ‘sleeper berth’ of a commercial big rig, when my partner got a ticket for an allegedly overweight load at a weigh station in Devine, Texas on I-35.
You see, the sleeper berth of a commercial vehicle is considered ‘sacrosanct,’ it would be the equivalent to as if police came to your house banging on your bedroom window at 3AM and demanding that you show them your ID for no reason, under threat of arrest.
That would be totally insane and completely illegal, and most people can comprehend that. This is the same thing.
Furthermore, I was on my federally-mandated ten-hour sleep time
What’s that, you ask? You didn’t know that the U.S. federal government mandates rules about when certain. people must sleep? Well that’s right, they do. As a matter of fact, if a commercial driver violates these rules, it is considered a more serious violation than if they have alcohol in the vehicle. The feds conduct many ‘commercial driver sleep studies,’ which cost as much as five million dollars per pop. They take this issue very seriously.
To give you a better understanding– At the time this incident happened, commercial drivers were forbidden by federal law to even literally step out of the sleeper berth into the front seat of the truck for ten hours. If they did so before the 10 hours was up, that would invalidate their ten-hour sleeper time and they would have to start it all over again, before they could start driving for their next shift. This rule was amended a few years ago, and drivers are now ‘allowed’ to sit in the front seat for a maximum of two out of the ten hours, either before or after an 8-hour sleeper berth time. If a driver is in the front seat for two hours and one second, he is violating federal law.
This may sound like insanity to you, and rightly so, but these are not my rules. I am simply explaining to the general public what the rules are , because most people have never heard of any of this stuff.
What happened next applies to everyone, not just truck drivers, because all of us are (supposedly) protected by the 4th Amendment against unreasonable searches and seizures by government agents.
So here is the first video, where I ask the woman cop why she woke me up, and I refuse to show her my ID.
Just as I had arrived back to my truck, the maniac Texas Trooper jumped on the step of my rig and shouted “SHOW ME YOUR ID!”
“I don’t even know who you are,” I replied, to which he said “I’m the one with the badge and the gun!”
At that point I fumbled with my phone and stared recording him. By the way, in federal court testimony, the male trooper admitted that he said he had a badge and a gun, which at least was an honest admission. You see, that’s the good thing about filming all your interactions with cops. He didn’t know exactly how much of our exchange I had recorded, so he did not want to lie and deny saying something if it were recorded, so he had to admit it.
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.”
Also, during the discovery phase of the federal lawsuit against the cops, the Texas Dept. of Public Safety was forced to release internal documents where they discussed my case, where the supervisors at TX DPS admitted that “The passenger is under no obligation to comply with request” for ID.
Now, this simple precedent has been to the United States Supreme court dozens of times, so you’d think that cops would know that there is no compulsory ID laws in Texas or in the United States for that matter. Matter of fact, the landmark USSC case on this decision was “Brown v. Texas,’ in which a man was arrested for refusing to show ID to police without cause. He was arrested, convicted, appealed, and it went all the way to the USSC, whom struck down the Texas law as unconstitutional.
Here is a partial transcript of my exchange with the trooper. So when the trooper says “when you’re in the sleeper, your logbook is off limits, but we damn sure can ID you”, and “if you refuse in Texas it’s a available offense,” he is COMPLETELY full of shit.
Texas State Trooper: So I mean, I don’t know how far you want to take it- But in Texas, if you fail to ID, that’s a jailable offense.
Driver: Right. that’s why I asked her specifically- first of all she wasn’t a police officer, so that doesn’t even apply- you’re different positions right?
Trooper: Right. She’s an inspector.
Trooper: But, when the federal motor carrier stuff- when you’re in the vehicle, and you’re being inspected, and- your log book is off limits, I mean, if you’re not driving, unless you’re sitting up here.
Driver: Right.Trooper: If you’re in the sleeper berth, then sure, we don’t have any right to ask for your logbook, but we damn sure can ID you.
Driver: You have a right to wake up the person in the sleeper?
Trooper: Yes we do.
Driver: Oh. Okay. Does she or do you?
Trooper: She does too.
My friend Kenny Capell refused to show his ID to a maniac Georgia cop and she arrested him, put him in jail, and charged him with ‘obstruction of justice.’ If convicted, he would have faced a minimum of a year in jail. Kenny refused to shkw his ID not because he is a criminal, but because the officer had no valid cause to demand it under the state or federal constitution. He beat the charge. [See Man Charged with ‘Obstruction of Justice’ in Georgia For Refusing Illegal ID Demand Wins, Has Criminal Case Dismissed By Witless Prosecutors.]
6 thoughts on “NO, You Don’t Have To Show Your ID To Cops Without Cause”
Yes, the author’s right. You do not have to show I.D. to a cop without cause, and as he’s pointed out, this has been the ruling of the supreme court many times…… but…… if you refuse to show I.D., the Napoleonic cop sees this as a challenge to his “authority”, and a cop can always find an excuse to arrest you, or make something up if no legitimate reason to arrest you exists. They even carry around their own stash of illegal drugs to plant on people that can’t arrest legally.
It’s another case where the law, and your rights are irrelevant, because a cop can always sentence you to enough time to lose your job, and all of the financial horrors that can accompany that.
How many people have the time or resources to fight these things in court?
“Yes, I won the case, and proved my point, but it cost me my job and my home, and the cop is still out there robbing people and molesting pretty girls at traffic stops”
Colt Peacemaker is My ID.. wanna see it ? watch for flash
If im going to have my life screwed up to this degree , I might as well send a message?..some think this way .. we all might have to adopt it someday
It could come to that in this country at the rate were going , I dont like it , I dont want this.. but keep forcing me into a hole and I will come out like a rabid Wolverine looking to snatch yer balls off
On foot I’ve had 100% success not showing my ID to police (three separate incidences in fascist NY mind you), in a car even as a passenger I’ve had 0% luck, they locked me up at the station and figured out who I was with their records because of my tattoo.
If your a youngin, I suggest not getting any tats.
When locked up at the station I took the opportunity to bust the cops balls about the asian cat houses they run and their cocaine usage, both provable with local news articles. I even gave them the 9/11 NWO run down and stated “the time will come where you will need to pick a side” (back in 2008).
My experience has been when you know the tune and you call them out on their BS police tend to say stuff like “your smart” coupled with “you need to be careful”.
My guess is most cops are in it for the money and if things ever got serious they would back down.
The ATF raided a friend of mine “by mistake” and he racked his 12g pump as they came up the stairs, the sound alone sent them running out the house yelling “long gun, long gun, long gun”… It is not futile to resist.
“… one of the troopers replied “I’m the one with the badge and the gun.”
That’s right, scumbag.
Badges make for great targets. Your cowardly b#tch @ss will be hiding in the deepest hole you can find once the SHTF, because everybody & their mother will be looking to kill every last one of you commie pukes.
I bet he’d hate my response
I’m the guy that has no badge , But has a gun
And don’t need to show you shit
Wanna play stupid games and win stupid prizes ?
It’s getting to be Russian roulette for the scumbags.
Sooner or later they’re gonna hit the loaded chamber.