00:00This woman got pulled over for allegedly speeding and following too closely.
00:04When the cop walks up to her car, he finds out that she does not have a physical driver license on her person,
00:10even though she has an active driver license.
00:12I have to get a new one. I don't have a license right now. I do have a passport as identification.
00:17But I'm waiting to get my license in the mail.
00:19Can I talk?
00:20Yes.
00:20You're under arrest. Get out of the car.
00:22You're not having a driver's license.
00:24Okay, before you go to ask him what's going on.
00:28Go to the rear of the car, please.
00:29I'm just filming you for our safety. I'm just filming you for our safety.
00:35I'll stay in the car, but I'm filming.
00:38And that is making me a lot more comfortable. So can you please stay there with the camera?
00:41You guys have a record for assaulting people, so I'm just making sure everybody's safe.
00:45HPD does.
00:46Camera, so that if he shoots me or something...
00:48Brianna, you're making it worse. Just chill.
00:54She's not driving with a suspended license. That's not an automatic arrest.
00:57You just give her a ticket for not having a license.
00:59She has a current license. It's just not here, sir.
01:02I've been arrested for driving with a suspended license.
01:04She has a license. It's not suspended. You just need to go run that.
01:07You can't arrest somebody for not having a license on them.
01:10According to the transportation code, she can be booked on those charges.
01:15In addition, she will be booked on the speeding since she's going to go to jail for the
01:21following two closes.
01:22Following two closes is also a ticketable offense. Those are not arrestable offenses.
01:25If you arrest her, they'll get thrown out in court.
01:27She's going to... I'm just telling you, sir.
01:29Can you cite the law that says that I could be arrested for that, please?
01:32It's in the transportation code.
01:33What code?
01:34Transportation code.
01:35So it's a code, not a law?
01:37No, the transportation code is the state driving law.
01:41It's a traffic violation, but you can't...
01:43It's traffic violations aren't arrestable offenses, sir.
01:46I'm not trying to take out of your job. I'm just saying I've been arrested a few times,
01:49and I know that one of the only arrestable offenses is for driving with a suspended license.
01:53Actually, the passenger is wrong here.
01:55In Texas, section 543.001 of the Texas Transportation Code states,
02:01any peace officer may arrest without a warrant a person found committing a
02:06violation of this subtitle, which essentially means all traffic violations.
02:10The only exception which strips an officer's discretion to arrest are found in section 543.004
02:17subsection A of the transportation code, which says,
02:20an officer shall issue a written notice to appear if the offense is speeding or the use
02:27of a wireless communication device under section 545.4251 or a violation of the open container law.
02:36That's incorrect. I don't know who...
02:38I said one of the... I don't know all of them, but I know that that is one of the only...
02:41I feel like she was rude to you in the beginning, and that kind of got us on the wrong foot, man.
02:46No, no, sir, that's not...
02:48But were you really planning on arresting her for following you close behind a car?
02:50Absolutely. Every time I stop someone, I plan on arresting them.
02:54That is the dumbest statement I heard. Watch how this passenger completely dismantles it.
03:00Now, after I find out...
03:02That's not your job, though, sir. Your job is to protect and defend the community.
03:06Does she look like a criminal to you? You're really going to waste your time on this over
03:10some other people committing victim crimes? We're headed towards a spiritual meditation event.
03:15I need to go teach a class, and you're going to arrest me for pity and kale?
03:18I'll tell you what. I don't know you. I've never met you. I don't know you, sir. I never met you.
03:24Are you willing to identify yourself?
03:26Perfectly. I'm willing to identify... I have nothing to hide, man.
03:28Sir, are you willing to identify yourself?
03:30Yes.
03:31Okay, what is your name?
03:31My name is Derek.
03:32Derek what, sir?
03:34Is there a reason that I'm being questioned?
03:35No, I'm just... Well, you're photographing me. I'd like to know who's photographing me.
03:38You're in a public place. This is first-hand.
03:39I understand that, but I'm carrying on a conversation with you. I'm asking you a question.
03:42Well, at this level, we're only on a first-name basis. My name is Derek.
03:46Derek, okay.
03:47Officer Perez.
03:47Okay. Okay, Derek.
03:51I'm not failing to ID myself, by the way.
03:53I understand that. I understand that.
03:55My birthday is 12-1-84, so don't try to arrest me for failing to ID myself or any kind of things.
03:58I'm not going to arrest you. You're not under arrest.
04:00Well, I'm just saying, you just said... You just told us that every single time you pull
04:04somebody over, you plan to arrest them. And that is you, on your job, making a presumption that
04:07there's an arrestable offense. So you're assuming that as soon as you pull somebody over there,
04:11will be something worth arresting.
04:12Bam. Stupid point proven.
04:15That's not what your job is, sir. And we are concerned citizens. I do know what your job is,
04:19because you took an oath to the Constitution not to bother people for victimless crimes.
04:24I understand that.
04:24And I'm just talking man-to-man, human-to-human. This is a victimless crime. There was no victim
04:28in there, right? She followed too close. Let's give her a ticket. She'll go to court. She'll
04:31have to pay a bunch of money, and she'll feel stupid about it. But I mean, are you really
04:34going to fuck up our day by arresting her? I mean, that's...
04:36Okay, there's no need for that language. I'll tell you what.
04:38I'm just saying, man.
04:39Derek, are we on a first-name basis, Derek?
04:41Yes.
04:43Turn your camera off, and we'll go ahead and write her some tickets. Does that sound reasonable?
04:48Pause. Comment below what would happen if the passenger agreed to that shady-ass request.
04:54I don't feel safe turning my camera off.
04:56Okay, sir. Then we'll continue.
04:57You're going to arrest her if I don't turn the camera off.
04:59No, I'm not. I didn't say that. I'm just asking you if you want to call it a day.
05:03I do want to call it a day. I would love for my friend to be able to sit back in the car,
05:05to take the tickets you have, for you to get your quota, and for us to go on with our lives.
05:09Hey, hey, hey, hey. I mean, it's all true. That's all they care about is their quotas.
05:14Derek, let me ask this young lady. What's your name again?
05:18Brianna.
05:19Brianna. Are you going to sign the ticket when I bring it over here?
05:23And if I know, if I understand what that means...
05:25Yes, Brianna. Just say yes. All that means is that you're going to go to court.
05:28Does it mean that I show up to court and speak my truth about the situation?
05:32Yes, yes, yes.
05:32And yes, I will sign it.
05:33If I can establish your identity, I'm not going to book you.
05:36We'll take you to trial and then you can just show up and we can talk then.
05:39You make sense.
05:40I'm just saying that we can do that and you can come back.
05:42I'm just saying if I can establish your identity...
05:45She's got a passport, you know.
05:46Derek, can you give me a break?
05:48I'm just trying to talk to you, man. I'm sorry because I deal with a lot of asshole cops.
05:50I'm an activist. That's why I have this camera here because I deal with cops.
05:53And I believe you're an activist and I respect your constitutional rights to voice your opinion.
05:59Well, thank you, sir. I appreciate you giving me the opportunity to do so.
06:02So what I'm going to do, I'm going to establish her identity.
06:08I'm going to write her the ticket.
06:10You've already said you're going to sign my ticket machine when I get it to you, is that correct?
06:13That agrees that this experience just happened?
06:16That just agrees to go to court. That's all it is.
06:18It's going to be a promise to go to court.
06:20Thank you, Derek.
06:21It's a promise to go to court.
06:22You're going to sign my machine that says I promise to come to court?
06:25I'm sorry, do you want me to tell Derek that I'm going to go to court?
06:27I didn't hear you.
06:28It's okay.
06:29Okay.
06:30I'll be right back.
06:31You can have a seat and you don't have any weapons in the car, do you?
06:34No, sir.
06:37The officer wrote up some tickets and came back to the stopped vehicle.
06:42The little description there.
06:43Okay. And I did, I really would like to apologize to you for the way that I spoke to you at first.
06:50I was a bit filled up with fear and it was an emotional reaction.
06:54Well, your friend explained to me that he's had negative experiences with the police.
07:01And I support your people's right to demonstrate and to voice their opinion.
07:09And sometimes it's just human nature that everybody wants to stereotype people and say,
07:17well, this class of people are always going to be this way.
07:20And sometimes we come up with a perception by not even knowing the person,
07:27but just by the way they look or the way they talk.
07:30We think they're a certain way.
07:32Just like I could have made a negative perception with this gentleman here
07:38because of his tattoos and everything else like that.
07:40And the way he braids his hair, but I didn't.
07:42Uh, uh, you know, I, I, uh, you know, just because you, you don't look the same as I do,
07:49doesn't mean you don't have the same value that I do.
07:52You're free to go.
07:53Thank you very much.
07:54Have a good day, sir.
07:56Do you think this passenger's efforts were important key to resolving this traffic stop in a simple manner?
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