Cops get a call: two people are sleeping in a parked car in Lakeland, Florida. The caller requests a welfare check. No crime was even suspected. Cops arrive and confirm, yep, just a young couple and their cat, sleeping in their car. But instead of letting them go back to sleep, or even asking them to leave, the cops start barking commands at them, demanding ID. Knowing that they had done nothing wrong, the couple does not want to be detained and interrogated by these officers. So they assert their constitutional rights and they ask questions. But the officers mock them and curse at them, and they detain them anyways, and even arrest the husband, just because they got a call – even though that call didn’t allege any criminal suspicion. Who was right here? Did they have to ID? Or should they have been left alone, or allowed to leave?
22 year-old Paul was sitting outside the CVS store where he works in Edgewater, FL, sitting on a bench waiting for a ride using the Lyft app. Edgewater Police Department Officer Daniel Rippeon observed Paul and concluded that he looked suspicious. No crime had been committed. No crime had been alleged by anyone to have been committed. Yet Paul was almost immediately seized and threatened with being tased and bitten by a police K9. He was taken to jail, despite the fact that Officer Rippeon was fully aware that Paul was a store employee waiting for a Lyft driver.
Here’s the full unedited raw bodycam from Ofc. Rippeon, so that you can see what was cut and that there was no misleading editing involved. This is as provided via FOIA request from the City of Edgewater, FL:
There’s a dispute between a store and a customer. The store calls the police, reporting something that’s not a crime. The police show up to investigate the said non-crime. They demand ID. Now like many states, West Virginia does not have a “stop and ID” law. However, if they have reasonable suspicion a crime was committed, and that a particular individual committed that crime, they can perform an investigative detention which can involve forcibly obtaining an ID from a suspect. So what is the crime? Can the alleged crime of “trespassing” be used to detain and ID a shopper who has not been asked to leave the store, and who has not been given the opportunity, or even allowed, to leave the store by the responding police officer?
On January 10, 2021, my client, John, went to Walmart, during all the insanity that shall not be discussed. He was not committing any crime. He felt he was being treated unfairly. He was just trying to buy some products and was in the process of checking out. But Manager Karen at Walmart called the cops on him, reporting that he was refusing to wear a thing she wanted him to wear, and using some bad words. A police officer responded, and this is her body cam footage. If a non-crime was reported, usually they are investigating a potential trespassing situation. The problem with that is, many states, like West Virginia, only penalize trespassing where a customer was given the opportunity to leave, but refused. If the person even offers to leave, and the cop says, no you can’t leave, give me your ID or you’re going to jail, is that legal?
Here’s the police report narrative:
Here’s the motion to continue the criminal case hearing:
Here’s the motion to dismiss submitted by the prosecutor:
Here’s the footage filmed by the client:
Update: here’s the 911 call audio from the Walmart Karen:
