Video for context: https://www.youtube.com/watch?v=k5yNlwCQpO0&list=LL&index=1
Jim Hodges was walking down the street from jury duty. A female police officer stops Jim because she believed he was carrying a weapon in his back pocket.
Officer 1: "Whats is this in your back pocket?"
Jim: "It's a navigational aid. What's the problem? Are you a Tyrant?"
Officer 1: "Yea, I am actually. What's your name and DOB?"
Jim: "I don't have to answer that. Do you have reasonable articulate suspicion?"
Officer 1: "I do"
Jim: "What is your suspicion?"
Officer 1: "It looked like you are carrying a gun in your back pocket. I'm stopping to insure you are carrying it properly"
Jim: "Well have you insured it is a firearm?"
Officer 1: "No you keep turning so I can't see it. You don't have to be a dick to me"
Jim: "Well, you are being one to me"
Jim pulls out his fold-able walking cane (He is legally blind) from his back pocket DISPELLING the concern about carrying a gun.
She proceeds to ask him for ID and he refuses to give it. The initial officer's sergeant shows up and he demands ID. After refusing a second time, he is handcuffed. They start searching Jim and he advises them that he does not consent to a search of his person.
They reach into his pocket, pull out his ID and run it. His ID comes back clean.
Officer 1: "Was that hard?"
Jim: "It going to be for you".
The sergeant throws his hands up in disgust to what he hears.
"Arrest him for resisting".
Jim was charged with "resisting arrest without violence".
All Charges were immediately dropped. Officer 1, Was suspended without pay for 7 days. The Sergeant was demoted & suspended without pay for 7 days.
Relevant Florida case law:
- Macon v. State (Fla app. 2003): Allows resistance of unlawful arrest without violence
- Were Jim's rights violated?
- Is there a aggravated violation due to Jim being legally disabled?
- Are Police allowed to search a detained persons pockets for merely a detention after being advised they are not allowed?