Missouri: Police Roadblock Harassment Caught on Tape.

TheNewspaper.com ^ | 12/30/2006 | Brett Darrow

[The KG9 Kid]

Missouri: Police Roadblock Harassment Caught on Tape
St. Louis County, Missouri threaten to arrest a teenager for refusing to discuss his personal travel plans.

A teenager harassed by police in St. Louis, Missouri caught the incident on tape. Brett Darrow, 19, had his video camera rolling last month as he drove his 1997 Maxima, minding his own business. He approached a drunk driving roadblock where he was stopped, detained and threatened with arrest when he declined to enter a conversation with a police officer about his personal travel habits. Now Darrow is considering filing suit against St. Louis County Police.

"I'm scared to drive for fear of being stopped at another checkpoint and arrested while doing nothing illegal," Darrow told TheNewspaper. "We're now guilty until we prove ourselves innocent to these checkpoint officers."

On that late November night, videotape confirms that Darrow had been ordered out of his vehicle after telling a policeman, "I don't wish to discuss my personal life with you, officer." Another officer attempted to move Darrow's car until he realized, "I can't drive stick!" The officer took the opportunity to undertake a thorough search of the interior without probable cause. He found nothing.

When Darrow asked why he was being detained, an officer explained, "If you don't stop running your mouth, we're going to find a reason to lock you up tonight."

The threats ended when Darrow informed officers that they were being recorded. After speaking to a supervisor Darrow was finally released.

"These roadblocks have gotten out of hand," Darrow told TheNewspaper. "If we don't do something about them now, it'll be too late."

A full video of the incident is available here. A transcript is provided below as the audio is at times very faint.

[The KG9 Kid]

Article Excerpt:

Transcript of audio made by Brett Darrow:

00:40
Officer #1: How are you tonight sir?
Brett: Hi.
Officer #1: Can you put your window down for me.
(I roll the window ALL the way down.)
Officer #1: Do you have a driver's license and proof of insurance?
(I begin to get my information out of my wallet)
Officer #1: Where you headed tonight?
Brett: I don't wish to discuss my personal life with you officer.
Officer #1: Alright, come on up here.
(I start to move my car)
Officer #1: As a matter of fact, just stop your car right here and step out.
(I stop the car, roll up my windows, pull up the emergency brake, and shut the car off)
Officer #1: Leave your car runnin with the keys in it.
Brett: What's that?
Officer #1: Leave your car runnin with the keys in it.
Brett: I don't want it to roll away officer.
Officer#1: Turn the car on.
Brett: It's a manual officer.
Officer #1: Okay. That's fine, then leave it off. Just leave it off. You're right, that's dangerous.
(I step out, and lock the doors.)
(He then calls another officer over)
Officer #1: Give me your keys.
Brett: Why officer?
Officer #1: I need to move it out of the street.
Brett: Can I move it?
Officer #1: No.
(Officer #1 takes my keys)
Brett: Why are you moving my car?
Officer #1: Because I'm going to talk you--I'm going to interview you because you didn't want to interview. You didn't want to sit down and have a talk with me.
Brett: I do not want to talk about my personal life.
Officer #1: Okay.
(We walk to the side of the road)


1:48
(Officer #2 then unlocks my car and looks around inside of it. You can see his flash light moving around in the car.)
Officer #2: Hey uh, I can't drive a stick. (laughs about it) I can't drive a stick.
(Officer #3 enters my car and attempts to move it. He stalls it once. He then lets it roll back down the hill before giving it a lot of gas and ridding the clutch while trying to move it forward. He then exits the car 62 seconds after entering.)
(While the officers are trying to move my vehicle, this audio not heard)
Officer #1: Where are you headed tonight?
Brett: I don't want to talk about my personal life.
Officer #1: Have you had anything to drink tonight?
Brett: No.
Officer #1: Alright, I'll be right back
(Officer #1 then calls 2 other officers (Officers #4 & #5) to stand by me as he goes to a patrol car to check my license)


Brett: Why am I being detained officer? (directed toward Officer #4)
Officer #4: You better stop runnin your mouth or the other officer will find a reason to lock you up tonight.
(Audio can now be heard again)
3:22
Brett: You're saying you're going to make up a reason to arrest me?
Officer #4: No I didn't. I said we would find a reason.
Brett: Okay. I just want to let you know all of this is being recorded.
Officer #4: That's good, we're recording it too. Do what he tells you to do--
Brett: I don't have a right to talk right here in a normal voice?
Officer #4: Yes you do.
Brett: You're saying I'm going to be arrested.
Officer #4: I'm just saying...
Brett: You just said you‘re going to find a reason to lock me up.
Officer #4: I said do what he telld you to do.
Brett: You said if I keep runnin my mouth, I will be locked up.
Officer #4: I said he'll find a reason.
Why are you going to find a reason to lock me up when I'm only asking why I'm being detained in a normal voice?
Officer #4: Do what he tells you to do.
Brett: Am I being detained?
Officer #4: Yes you are!
Brett: May I leave?
Officer #4: No, you may not.
Brett: Why am I being detained?
Officer #4: Because you don't have a driver's license.
Brett: I do have a driver's license. I gave it to the other officer.
Officer #4: When the other officer comes back--When he comes back--When he comes back you can talk to him about it.
Brett: Why are you saying I don't have my license?
Officer #4: Nineteen years old and you know everything.
Brett: Yes sir.


4:38
Brett: I'm being detained because I didn't tell the officer where I was going?
Officer #4: I wasn't here, you can talk to him when he comes back.


4:55
Brett: What was your name.
(Officer #4 ignored me)
Brett: Officer how do you spell your last name?
Officer #4: It's right there.
(points to chest, but his name is covered by the traffic safety vest. He then moves it so I can see.)
Officer #4: Hallquisd.
Brett: H-A-L-L-Q-U-I-S-D?
Officer #4: Yep.


5:09
(I then turn toward the other officer standing by me. Officer #5)
Brett: And what was your name officer?
Officer #5: Schmit.
(Officer #5 then talks to Officer #4 about stopping someone that had his last name)


8:38
Brett: Are you stopping everybody and getting them out of the car?
Officer #4: You can talk to the other officer (Officer #1) when he comes back.


10:10
(Officer #1 comes back and hands me my license and insurance card)
Officer #1: Thank you very much. Thank you very much for your time.
Brett: Why exactly was I detained and why did you get me out of the car?
Officer #1: You didn't want to answer my questions.(unsure of the rest of his comment)
Brett: Where does me having to go have anything to do with a DWI checkpoint. I don't have the right--
Officer #1: I was trying to have a conversation.
Brett: I didn't want to have a conversation. You stopped me officer in the middle of the road.
Officer #1: I was trying to have a conversation with you (unsure of the rest of his comment)
Brett: Do you stop everybody and get everybody out of the car? Or you did that just to me?
Officer #1: (unsure of audio)
Brett: Is St. Louis County Police going to pay for a new clutch, after he just killed it here and burnt up my clutch.
Officer #1: Would you like to talk to a supervisor?
Brett: Yes I would.
(Officer #1 goes across the street to get the supervisor.


12:43
(Supervisor comes over)
Supervisor: How you doin?
Brett: Hi.
Supervisor: I'm sergeant (unsure of his name)
Brett: I'm Brett Darrow
Supervisor: Brent?
Brett: Brett.
Supervisor: What's the problem tonight?
Brett: I have a problem because I was stopped here and uhh I offered to move my vehicle. The officer said I could not move my vehicle to park it. He told me to leave my keys in the car. I got out. Locked the door. He took my keys. Uhh. And they attempted to move my car here. They stalled it a couple of times. Burnt up the clutch. I mean it's all on tape and video. Now I'm going to have problems with my clutch. Who's going to pay for that?
Supervisor: How do you know they messed up the clutch?
Brett: I saw it right here. I saw smoke coming off as he tired to take off. It's a pretty easy way I guess for you guys to get inside a vehicle on a DWI checkpoint and that's where I have a problem.
Supervisor: Well, DWI checkpoints are authorized.
Brett: I understand they are authorized, but drug checkpoints aren't and you know when I see a K9 unit over here--
Supervisor: That's not the point.
Brett: Well why would there be a K9 unit?
Supervisor: The dog is part of the police department.
Brett: That just happens to be at a checkpoint. I know, I know you get a lot of drug busts off DWI checkpoints.
Supervisor: Actually the dog comes out very rarely. He's not walking by every car.
Brett: Not tonight he's not?
Supervisor: I'm at most of these checkpoints--
Brett: Okay.
Supervisor: And you can't walk the dog by every car. He just physically can't do it.
Brett: Okay
Supervisor: As far as your clutch--I have no idea what kind of damage was caused.
Brett: It's obvious it caused some damage. I mean you could see smoke and he killed my car and I don't know what other problems I'm going to have from that and if I do have problems, I'm going to be coming to the St. Louis County Police and I just want to let you know that tomorrow--this next week--
Supervisor: Do the officers have your name?
Brett: Uhh, I don't know.
Supervisor: Did they give you your ID back?
Brett: They gave me my ID.
Supervisor: Let me copy done your information. The issue obviously is, how do I know you didn't have clutch problems before because you're not driving a newer car?
Brett: That's correct.
Supervisor: What year is it?
Brett: It's a 1997.
Supervisor: So it's an older car?
Brett: Yes.
Supervisor: And you didn't have issues with the clutch before?
Brett: No, probably because I've had it replaced recently.
Supervisor: Well if that is an issue that actually does happen, you'll have to file a complaint with our insurance department.
Brett: Okay
Supervisor: The officers do have a right to..(unsure of audio)
Brett: I understand that, but I don't think they have a right to drive my vehicle.
Supervisor: Well we can't leave it in traffic.
Brett: Well I offered to pull it over here and the officer declined.
Supervisor: When were conducting an investigation. We can't say, oh you can drive your car and then that person takes off and runs over someone, we'd have a problem.
Brett: We'll I'd expect them to pull me off the road originally and not stop me in the middle of traffic.
Supervisor: Here ya go.
(Hands me my license)
Brett: Okay.
Supervisor: Anything else I can do for you?
Brett: No, I mean I just don't understand why I had to get out of the car because I didn't want to tell the officer where I was going. I think that is my own personal business and that has nothing to do with this.
Supervisor: And the officer said because your not telling him where--
Brett: Exactly, that is exactly why he asked me to step out of the car. Because he asked me where I was going and I told him officer I don't wish to speak with you about where I'm going tonight and he said get out of the car.
Supervisor: Okay, I'm sure there was something else besides that.
Brett: That's exactly it and you can bring him over here right now and actually I would like if you would so we can talk about this.
Supervisor: We're not going to do this on the side of the road.
Brett: Okay, and what was your name?
Supervisor: (Unsure of audio)
Brett: And how do you spell it?
Supervisor: (Unsure of audio)
Brett: May I leave?
Supervisor: Certainly, the officer said you could leave before.

(I get in the car, turn the video toward the officers and then behind me at the supervisor. I then drive off.)

[The KG9 Kid]

What kind of country have we got when little smartasses think they have some right not to answer a policeman's questions?

[antiRepublicrat]

Another officer attempted to move Darrow's car until he realized, "I can't drive stick!"

ROTFLFMAO!!!

The threats ended when Darrow informed officers that they were being recorded.

He's lucky he didn't get arrested for that. It's happened.

[2banana]

And remember, according to liberals, only the police and military should have guns...

[The KG9 Kid]

Hell, we have cop worshippers right here on FR who believe that too.

[KantianBurke]

lol! excellent story!

[NittanyLion]

The threats ended when Darrow informed officers that they were being recorded.

It's incredible that they didn't arrest him and confiscate the tape...

[NittanyLion]

It's incredible that they didn't arrest him and confiscate the tape...

And for the record, I think that'd be totally improper, but also totally expected in this situation.

[antiRepublicrat]

What kind of country have we got when little smartasses think they have some right not to answer a policeman's questions?

I'll take a shot at this: A free one?

[L98Fiero]

"Officer #1: Where you headed tonight?
Brett: I don't wish to discuss my personal life with you officer.
Officer #1: Alright, come on up here.
(I start to move my car)
Officer #1: As a matter of fact, just stop your car right here and step out."

I've wondered why that is any of the officer's business. They seem to ask that often. Kudos to the kid for doing something many don't have the stones to do.

[rawcatslyentist]

Dude, you could have avoided all that shiite if you had just been a tiny bit more civil to the first officers question. True it is your "right" to give dick answers, it's also their "right" to give you dick police treatment.

Play friendly, and you will be surprised how easy life can be!

[Sandreckoner]

Sorry, but the kid began the exchange confrontationally for no reason whatsoever. You don't have to be a "cop worshipper" to see that.

But then, this is FR, where "pig haters" outnumber "cop worshippers" by quite a bit from what I've seen. It constantly amazes me.

[TalonDJ]

What kind of country have we got when little smartasses think they have some right not to answer a policeman's questions?

A free one.

[antiRepublicrat]

Sorry, but the kid began the exchange confrontationally

The kid's personal life is none of the cop's business. If the kid doesn't wish to discuss, that should be the end of it. "I don't wish to discuss my personal life with you officer" is a respectful enough way to tell the officer exactly that.

[samadams2000]

Something tells me that kid will have a lot of problems growing up.

[The KG9 Kid]

HEY LOOK EVERYONE! IT'S TWO OF THOSE COP-WORSHIPPERS I WAS JUST TALKING ABOUT!

[chesley]

They are trained to do so in order to take "control" of the situation.

[Ben Mugged]

There is a reason the officer needs (not wants) to engage the driver in conversation. The need is derived from identifying impaired drivers. The need is derived from law. Evading conversation is interfering with the officers duty.

The brat should have been arrested.

[TalonDJ]

it's also their "right" to give you dick police treatment.

Oh yeah? Hmm, had not seen that one in the bill of rights. Please look it up and let me know where to find that.

[wildcatf4f3]

I have been illegally stopped by the Mo State Police three times and had my car torn apart, searching for God knows what and my pockets emptied and my body frisked. One dare not protest for fear that they'll book you on some bogus charge and force you to pay bond and hire a lawyer and incur all sorts of expense and time. Even if the charges are dropped or never followed through they still can hurt a small self-employeed person like me and of course they know this. I do not trust anyone in govt at all.

[highball]

"What kind of country have we got when little smartasses think they have some right not to answer a policeman's questions?"

I'll take a shot at this: A free one?

You beat me to it, antiRepublicrat.

A free country.

[Vn_survivor_67-68]

the simple and easy way for cops to do a quick evaluation for drunkenness is to engage them in conversation.....this punk went out there to set them up, and it shows.....a jury will see it for what it is......

[Leftism is Mentally Deranged]

This is profiling. 19 year old kid, cop thinks drugs or alcohol. Funny how this kind of profiling is no problem, but other kinds are totally non-PC.

[stevio]

Welcome to the conditioning of the police state. Good for the kid, I hope he gets $1,000,000. These sobriety check points are total BS!

[RayStacy]

There is a reason for that. Why would I, a firebreathing conservative with a love of guns and freedom, who served 4 yrs in the Marine Corps infantry and who hates criminals and who despises drug users and dregs (even if they may have the right to use drugs), why would I detest the pigs with all my soul? Why would there be so many of us?

[The KG9 Kid]

"... The brat should have been arrested."

On what charges, exactly?




... REFUZING TO ANZWER ZE QVESTION?!

[darkangel82]

The brat should have been arrested.

Arrested for what? He wasn't committing a crime, idiot.

[TalonDJ]

There is a reason the officer needs (not wants) to engage the driver in conversation. The need is derived from identifying impaired drivers. The need is derived from law. Evading conversation is interfering with the officers duty.

Nonsense. The cop could have talked about anything else. The kid just did not want to discuss his personally life. The cop could have continued the conversation on any other topic.

[rogue yam]

... it's also their "right" to give you dick police treatment.

Uh, no it's not. Anyone who thinks the police have the right, or "right", to give anyone dick treatment is a dick.

[sport]

Actually it was none of the officer's business.

Other than give them your name and show identification upon demand, you are under no obligation to answer any questions.

I would have probably told him that it was none of his business myself.

He had a valid driver's license, insurance, and a legal tag. He could drive up and down the street or road as long as he pleased.

We have not yet reached the point to where we need police permission to travel from one point to another, though from your post, you will be happy when we do.

[pelicandriver]

Hmmm, I often drive around at night with a camcorder on. Especially as I approach a DUI checkpoint (which have to be announced). Could we have a little setup here?

OTOH, the "I can't drive stick." part is pretty funny.

[KC Burke]

If the supervisor had been comfortable with the conduct of his team, the "interview" wouldn't have ended. It is obvious that this was a stop that left the laid out parameters and the officers had to be bailed out by their supervisor.

I agree that police need a lot of lattitude, but this was about like the DWB stops of the nineties.

[relictele]

, "If you don't stop running your mouth, we're going to find a reason to lock you up tonight."

To protect and to serve....or something.

[rit]

Interesting story. The right of free speach includes the right not to speak, which has been upheld in courts before.

[4yearlurker]

The right to remain silent. Get used to it. We are citizens of a free country.

[Dead Corpse]

Bravo Sierra. That might wash in England, but this is the United States. We used to have something called "freedom" here. Don't be in such a hurry to chuck it out the window because you wanna play tough guy LEO.

If the kid was being mouthy and didn't want to answer questions, pop him with a breathalyzer and tell him to go away. You do NOT threaten him with arrest just because he thinks your BS checkpoint is draconian BS.

[L98Fiero]

"The kid's personal life is none of the cop's business. If the kid doesn't wish to discuss, that should be the end of it. "I don't wish to discuss my personal life with you officer" is a respectful enough way to tell the officer exactly that."

I'm usually one of the guys on cop threads defending the cops. Not this time. Your post explains why. Where that kid was headed was none of that cop's business.

[dirtboy]

There is a reason the officer needs (not wants) to engage the driver in conversation. The need is derived from identifying impaired drivers.

Hey, why stop with conversation? Let's just pull everyone out of their cars and make them do a sobriety test without any kind of probable cause. It's for the children. /sarcasm

I'm sorry, but if a cop were ever to ask if he could search my car, I would refuse unless he could demonstrate probable cause or that they were engaged in a time-critical search such as an Amber alert. I don't have anything more on my record than a few traffic tickets, and if I'm gonna drink beer, I do it at home.

And then, if they insisted on searching anyway, after the bogus search, I would sue the crap out of their jurisdiction for allowing officers to trample on the 4th amendment. I'm glad some people are standing up to over-zealous enforcement actions.

[sport]

I owe you an apology. I read your post # 2 and responded without reading further.

[Eric in the Ozarks]

There's an authoritarian streak in a lot of cops. Its why they become cops.

[TalonDJ]

Hmmm, I often drive around at night with a camcorder on. Especially as I approach a DUI checkpoint (which have to be announced). Could we have a little setup here?

So? He did it calmly and without endangering anyone or hindering the cops in their duty (finding drunks). Hence he was well within his rights to check up on police behavior and find where it was over the line. And thus a free people maintains its checks and balances. If he had acted deliberately suspicious or cause a full blown incident I would feel differently.

[The KG9 Kid]

"Hmmm, I often drive around at night with a camcorder on. Especially as I approach a DUI checkpoint (which have to be announced). Could we have a little setup here?"

Why yes, I hope we could indeed have a little setup here.

What's the matter with that? Police are placing CCD video cameras all over the place and announcing the notion that it's for your own good and "if you're not doing anything illegal you've got nothing to worry about, citizen".

Oh wait, isn't turnabout fair play?

[Kirkwood]

"Sorry, but the kid began the exchange confrontationally for no reason whatsoever."

"Officer #1: Where you headed tonight?
Brett: I don't wish to discuss my personal life with you officer.
Officer #1: Alright, come on up here."

What is confrontational? If you choose to have the police trample over your rights, that is your choice, but this guy did absolutely nothing wrong or confrontational.

[relictele]

Play friendly, and you will be surprised how easy life can be!

Exactly! The hell with the 4th Amendment - as long as we smile it's all OK as they review our papers!

[Sandreckoner]

"There is a reason for that. Why would I, a firebreathing conservative with a love of guns and freedom, who served 4 yrs in the Marine Corps infantry and who hates criminals and who despises drug users and dregs (even if they may have the right to use drugs), why would I detest the pigs with all my soul? Why would there be so many of us?"

I don't know. Why do so many people hate conservatives? Why do so many people hate gun-lovers? Why do so many people hate the military? Why do so many people hate Americans?

There's a massive, massive double-standard going on here.

[McBuff]

Looks like a snot-nosed punk being uncooperative with officers who are just trying to do their job. In fact, the snot-nosed punk was trying to provoke this whole situation with his little video cam already sent up. . .he's a punk. . a snot-nosed spoiled little punk that needs to go home to his mommie who probably bought him his piece o junk car.

Hey, Brett, don't worry. . .mommie will pay for your new clutch. and another thing, . .the only Brett I know who is not a punk is wearing green and gold #4.

[The KG9 Kid]

"... There's an authoritarian streak in a lot of cops. Its why they become cops."

Ooh ooh! I said that once on FR and you should have seen the cop-lovers go into a tizzy.

... Never mind that I have acquaintances who are cops that certainly have 'short man' syndrome.

[Sandreckoner]

"There's an authoritarian streak in a lot of cops. Its why they become cops."

Yeah, and lots of people also join the military because they're uneducated and want to hurt people.

[darkangel82]

You didn't read the article, did you?

[GoldCountryRedneck]

In my county, the week-end (mostly) checkpoints are more about revenue generation than "protecting the public".

It's a real cash cow...