"What are you detaining (and handcuffing) me for?" "Because you're not giving me any information."
Forest Acres, SC -- Despite having reasonable articulable suspicion of a crime, Forest Acres police officer Liner, detained a man Saturday night for acting well within his rights.
Whether or not police are looking for a suspect, they can ask you all the questions they'd like. An officer can even ask you to identify yourself, either with an ID or verbally. However, unless the officer reasonably suspects that you have committed, are committing, or are about to commit a crime, you are not required to identify yourself or answer any other questions, and may leave at any time.
While ID laws vary from state to state, it is generally required if you’re driving a vehicle.
Brenton Norton, the man detained in the video below, was not driving a vehicle.
In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to reveal their identity when officers havereasonable suspicionto believe criminal activity may be taking place. Commonly known as “stop-and-identify” statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
As of 2014, 24 states have stop-and-identify laws.
South Carolina is not one of these states, nor was Norton told he was suspected of a crime.
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In fact, in the video below, Brenton Norton was told by officer Liner, that he was, "not being detained." This implies that Norton was then free to go.
However, officer Liner, with callous disregard for the actual law, proceeded to handcuff Norton until he answered his questions, despite having any reasonable articulable suspicion.
Norton: "What are you detaining (and handcuffing) me for?"
Liner:"Because you're not giving me any information."
Officer Liner then turned off Norton's camera.
This abuse of power is deplorable and officer Liner should not be allowed to enforce the law any longer. You can't go around handcuffing people because they refuse to show you their "papers."
According to his youtube channel, Norton has filed a complaint with Forest Acres police and is requesting the police dashcam footage.
Dear police officers, you will not win the hearts and minds of Americans if you keep violating their rights. Kudos to Brenton Norton for filming this violation and exposing this negligence.