Video of Virginia Man Being Arrested For Remaining Silent and Not Showing I.D.

Reasonable Doubt

Senior member
Nov 18, 2009
698
2
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http://truthvoice.com/2015/07/virginia-man-arrested-for-not-showing-his-papers/

officer-houghson.jpg


HENRICO COUNTY, Va. — A video posted to YouTube on Monday appears to show a man being unlawfully arrested for no reason other than remaining silent and not providing identification documents.

The video, uploaded by an account belonging to a man named Kyle Hammond, appears to show Hammond being approached, harassed by, and eventually arrested by a law enforcement agent with a name tag labeled “HUGHSON.” During the encounter, Hammond asks why he is being arrested and what he is being charged with, and the law enforcement agent responds, “Because you won’t talk to me, you won’t answer me, you won’t provide me with any ID.”

TruthVoice found salary records for Henrico County, Virginia — where the incident allegedly took place — that shows the county employs a John L. Hughson, ranked Police Officer 1st Class.




Youtube Video of incident:

https://www.youtube.com/watch?v=UcizZEqIErE



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7-22-2015

UPDATE: Man Arrested For Not Showing His Papers Has Charges Dismissed

Judge dismissed the charges minutes after the trial started.

http://truthvoice.com/2015/07/update-man-arrested-for-not-showing-his-papers-has-charges-dismissed/
 
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Ns1

No Lifer
Jun 17, 2001
55,420
1,599
126
Or you could just show your id and move on with your life.
 

mikeford

Diamond Member
Jan 27, 2001
5,671
160
106
People who pay the cop tell him to do what he does. Until they feel the heat, just show your ID and move along or prepare to waste some time. Seems like few of these "stand up for my rights" things end up well without an expensive lawyer to back you up.
 

Murloc

Diamond Member
Jun 24, 2008
5,382
65
91
Do you have to carry id around with you at all times?
I don't know about the US but in my country if you don't have it with you, the police still have a right to identify you, like if they're searching for criminals or illegal immigrants, so they can force you to go with them (it's not an arrest since there is no charge) for proper identification.

If they had no right to identify people, all illegals could simply refuse to show ID and that would be it.
 

glenn1

Lifer
Sep 6, 2000
25,383
1,013
126
Or you could just show your id and move on with your life.

Some people seem to have a lot more time and money on their hands than I do when it comes to making trivial points. Sure, sit there and argue about showing your ID to a police officer who's being paid the entire time you're making your great stand on principle - OK ma'am, take all the time you want refusing to show your ID, in another hour I'll be on overtime and getting paid 2x salary.
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
Given this:

http://www.richmond.com/news/local/henrico/article_88ab239d-8db2-5b31-aae4-0ec6af4613b7.html

I'm pretty much OK with this. The officer(s) handled it well all things considered - Friendly and polite which is more than he deserved.

IMO if you're out intentionally drawing attention to yourself by doing something that reasonable people might find suspicious (outside an FBI facility no less) you lose the right to play the 'I don't have to identify myself' card. This is not the same as being harassed on the street for no reason, you don't get to simply walk away from the consequences of the situation you created simply because your behavior wasn't illegal.

He should really find something better to do with his life. You aren't going to effect any change pulling stupid stunts like this, you're just going to make your life difficult.

Viper GTS
 
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her209

No Lifer
Oct 11, 2000
56,336
11
0
http://law.lis.virginia.gov/vacode/18.2-460

§ 18.2-460. Obstructing justice; penalty.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

http://law.lis.virginia.gov/vacode/title18.2/chapter10/section18.2-464/

§ 18.2-464. Failure to obey order of conservator of the peace.

If any person, being required by a conservator of the peace on view of a breach of the peace or other offense to bring before him the offender, refuse or neglect to obey the conservator of the peace, he shall be guilty of a Class 2 misdemeanor; and if the conservator of the peace declare himself or be known to be such to the person so refusing or neglecting, ignorance of his office shall not be pleaded as an excuse.

Is it wrong to assert your 5th Amendment right to stay silent as well as your 4th Amendment right to be secure against unreasonable searches and seizures? Virginia doesn't have a "stop and identify" statute. What law was the man breaking?
 

olds

Elite Member
Mar 3, 2000
50,102
772
126
<-- didn't watch video
If you're not driving, you don't have to carry your license. If you're walking down the street, you don't have to show your license. But you do have to verbally identify yourself. The cop calling it in to verify then decides if he is satisfied that you have truthfully identified yourself. If he doesn't feel you did, he can take you to jail to determine your identify.
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
There appears to be no law in VA requiring you to identify yourself without some sort of crime.

But there is much leeway and vagueness...so until it specifically comes before the SC, it's a gray area.
 

ImpulsE69

Lifer
Jan 8, 2010
14,946
1,077
126
Some people seem to have a lot more time and money on their hands than I do when it comes to making trivial points. Sure, sit there and argue about showing your ID to a police officer who's being paid the entire time you're making your great stand on principle - OK ma'am, take all the time you want refusing to show your ID, in another hour I'll be on overtime and getting paid 2x salary.

Cops make overtime?
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
Keep in mind that there is no requirement for you to carry any ID, unless you are driving a car, or doing something that specifically requires an ID or a permit, such as concealed carry.

If you are just going for a walk, there is no requirement for you to carry any ID cards, so how can the police request such?
 

olds

Elite Member
Mar 3, 2000
50,102
772
126
Keep in mind that there is no requirement for you to carry any ID, unless you are driving a car, or doing something that specifically requires an ID or a permit, such as concealed carry.

If you are just going for a walk, there is no requirement for you to carry any ID cards, so how can the police request such?
There is a difference between asking for ID and asking for an ID card.
 

Humpy

Diamond Member
Mar 3, 2011
4,464
596
126
<-- didn't watch video
If you're not driving, you don't have to carry your license. If you're walking down the street, you don't have to show your license. But you do have to verbally identify yourself. The cop calling it in to verify then decides if he is satisfied that you have truthfully identified yourself. If he doesn't feel you did, he can take you to jail to determine your identify.

It depends where you live. In my state you don't have to give your name. It is illegal to give a false name though.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
There is a difference between asking for ID and asking for an ID card.

whaaa?




this man did nothing wrong. the arrest was unlawful. he should win a decent settlement.

though i would have shown my id and carried on doing what i was doing.
 

olds

Elite Member
Mar 3, 2000
50,102
772
126
whaaa?




this man did nothing wrong. the arrest was unlawful. he should win a decent settlement.

though i would have shown my id and carried on doing what i was doing.
<---- oldsmoboat

See, I identified myself and no card was used.
 

SKORPI0

Lifer
Jan 18, 2000
18,469
2,409
136
Or you could just show your id and move on with your life.
That's what I don't understand. All it takes is about 5 seconds (read name on ID and verify it's the same person pictured) and move along.

Looks like Hammond was baiting for a confrontation with a cop and waited to see what happens. Cop calmly asked what was he doing here and filming a FBI office.
The potential scenario could be to identify possible undercover agents while entering/leaving the building or plan a future attack, like planting a bomb. Concerned personnel called the police to check out this guy
and ask what his intentions were. If they were legit I don't think there would have been no problem of him being there filming. There was reasonable suspicion on his acts, remaining silent and not complying with
the cops request for an ID. All he had to say to the cop was he was filming for a project about Federal buildings so as to remove the suspicions. He didn't do anything of that sort.

http://www.richmond.com/news/local/henrico/article_88ab239d-8db2-5b31-aae4-0ec6af4613b7.html
 
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twinrider1

Diamond Member
Sep 28, 2003
4,096
64
91
Per VA Criminal Defense Atty Matt Pinsker, the state doesn't have a specific stop-and-ID law, but some local jurisdictions do.
This is in addition to what was already mentioned about being required to ID if there is a disturbance of the peace.
I imagine they have loitering laws too.

Point being, there are any number of ways an officer could justify the need for your ID. Disagree with his justification? Fine, but that's for the court to decide, not you at the scene.