Absent intent as legal advice. For education, information, and entertainment only.
I’ve seen this happen over and over on copwatch and first amendment audit videos. A cop walks up and threatens the videographer with jail for some bullshit reason. The cop either alleges that videoing is illegal, or refusing to ID is illegal, or refusing to answer questions is illegal. Sometimes, the videographer actually gets arrested. Well, I decided to show you that there’s a table turn here. Since this video is in Texas, I looked up the penal code for unlawful restraint, but this is mirrored in many states.
Here’s the video of the cop breaking the law (in my opinion, and seemingly, in the opinion of the legislature of Texas.)
This cop says “You prolly gonna end up going to jail, cause right now you’re witnessing a crime.” (See above video at around 1:44)
He then threatens that failing to ID is a jailable offense, and keeps threatening to jail the videographer. Every one of these threats is a crime…
Sec.20.01. DEFINITIONS. In this chapter:
(1)”Restrain” means to restrict a person’s movements
without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person. Restraint is “without consent” if it is accomplished by:
(A) force, intimidation, or deception
The moment this deputy posited the above threat of probable jail, the deputy committed a misdemeanor against Phillip (The Battousai) according to Title 5, Chapter 20 of the Texas Penal Code.
Sec. 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person.
(c) An offense under this section is a Class A misdemeanor
The deputy ONLY has a defense if he lawfully detains or arrests someone. Otherwise, he’s committing an offense under this section, according to 20.02(d)
(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.
The deputy used force (the badge, gun are vi et armis – by force of arms)
The deputy used intimidation, because “any reasonable person” would be intimidated by a threat of being jailed, and exponentially so if the threat of jail was for ONLY the arbitrary opinion (not factual or legal basis of law) of the deputy.
The deputy used deception, because going to jail for witnessing a crime is not an operation of Texas law. He flat out lied.
So, in this case, it is TRUE that the videographer just witnessed a crime. The crime is being unlawfully restrained by the deputy. And the deputy was kind enough to do it on film. If I were the videographer, I’d immediately proceed to the magistrate (by registered mail, and with a copy of the video) with a sworn criminal complaint, and if the magistrate didn’t act to arrest the deputy and charge him, I’d then move against the magistrate and the deputy to the district attorney, and then to the attorney general.
It’s not okay for a cop to commit a crime against you.
When they continue to assert that witnessing a crime is a cause for a duty to identify, it’s time to ask them WHERE this is written in law. They assert “We don’t do anything wrong.” BULLSHIT.
If you can’t get someone to prosecute them, this should be an easy civil slam dunk.
Sue them individually and personally for acting under the color of law to deprive you of your rights.
Some helpful questions:
- Are you conducting an investigation?
- Do I have a legal duty to assist you in your investigation, or do I have the right to remain silent?
For more information, see more of this blog, and/or visit the youtube channel: