"Are we being detained? We're not detained. You haven't explained that we've been suspected of committing a crime, therefore, we are free to go."
Memphis, TN -- A video exclusively submitted to the Free Thought Project shows a very well spoken and informed individual flexing his 4th amendment rights against four police officers.
The video, taken by local rap artist Mike Goins, in Memphis, illustrates the importance of remaining calm, staying informed, and being professional when asserting your rights.
Goins tells the Free Thought Project that this video was taken Wednesday morning at approximately 9:34 am. The Shelby County Sheriff's department was conducting a patrol through Goins' neighborhood.
Goins' brother and his friend were standing on the front porch as the first sheriff drove by. "The first sheriff saw them, he stopped and walked onto private property and demanded identification," said Goins.
"Once I heard him outside harassing my brother, I walked outside and asked what the issue was and he started demanding my identification showing that I lived there," Goins explained to the Free Thought Project.
Goins refused to show his identification and rightfully so. Tennessee has no "stop and identify" statutes on the books and Goins knew that you only have to identify yourself when operating a motor vehicle or the officer is stopping you because he or she has reasonable suspicion that you may be involved in criminal activity. See Hiibel vs. Nevada, 124 S. Ct 2451. (2004) for further clarification on this precedent.
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You also can even still refuse to ID if you have a reasonable belief that identifying yourself will incriminate you in a crime.
However, these police officers didn't seem to care much about the rights of Goins and his friends and demanded identification once more. "I told him we're not obligated to show him any identification so he called for two other sheriff's and threatened to arrest me for obstruction. That's when I pulled out my phone and started recording," Goins said.
When the video starts Goins brother is being quite confrontational with the officers. He was well within his rights to do so, however, to successfully flex ones rights against the police, staying calm is at the center of that success.
Goins knew that staying calm was key and quickly asked his brother to calm down, telling him that he was going to be arrested if he kept this attitude going. His brother complies and that's when Goins began his artful and eloquent owning of four sheriff's deputies.
The video is nothing short of an instructional program on how to shut down police for unlawfully demanding identification and how to keep them from violating your rights.
Goins tells the Free Thought Project that he's no stranger to police harassment. This is the fourth time that he or a family member has been harassed in this manner and never have police been able to say they even suspected him of committing a crime.
This harassment by police has subsequently turned Goins into a professional rights flexer and for this, he deserves commendation. Below is the video of this heartening police encounter, watch as this Memphis rapper shuts down four sheriff's deputies who are trying to violate their rights.