Video posted to Facebook by James Jones shows an officer from the Marlin Police Department named Ortiz, who was not wearing visible name tag, and a constable named Shoemaker detaining Jones in his own yard for looking suspicious.
The pair then threatens to arrest Jones for failure to identify if he did not give the officers his name and date of birth.
Video footage begins with Jones and his fiance’ asking why the two officers think they look suspicious, for simply walking out of their house.
As two officers confer about how to approach the situation, Jones pulls out his camera to narrate.
“He just came into my yard, violating my rights, trespassing.”
“It’s total harassment right here, guys. See, I’m beginning to feel afraid for my life now.”
As he films Jones explains he feels the officers are really out to get him.
Eventually, the officers approach the couple and ask them to identify themselves.
They both refuse, asking what crime they’re suspected of committing before they identify.
“38.02,” Jones says, citing the Texas Penal Code for failure to identify.
Jones says for the law to apply, a person has to be under arrest and then provide fictitious information.
“What about detained,” the constable, named Shoemaker, asks.
“Name a crime that I have committed,” Jones asks Shoemaker.
“You were detained for suspicious behavior,” Shoemaker replies.
Jones begins to try to reason with Shoemaker about the reasons behind the detainment.
“I’ve done nothing wrong Shoemaker,” he says.
“We’ve never had no words or (sic) nothing. I see you passing by. But what you are doing right now is upholding something unlawful,” he says to the constable.
Jones then asks Shoemaker if he can pull up the statute on his cellphone.
“Go ahead,” Shoemaker says.
Jones reads the statute, which says:
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
Jones then explains if he had stolen something at the store they may have articulable and reasonable suspicion to detain him, but that standing in his yard was not reason for a “lawful detainment.”
The officers continue to ask Jones to give them his name and date of birth .
He continues to exercise his right to be free from unreasonable searches in his own yard.
Eventually, Ortiz and Shoemaker confer again and decide Jones is free to go.
Watch the entire video above.
