Screenshot of a cell phone video recording of a Weymouth, Massachusetts, police officer asking Paul Brophy for identification. Taken from video by Paul Brophy.
YouTube video
Across the US, people who attempt to resist the seemingly limitless power of the police often find themselves ensnared in a legal system that ostensibly exists for their protection. When a local police officer approached Paul Brophy of Weymouth, Massachusetts, and demanded to see his identification, Brophy attempted to invoke his constitutional rights. Brophy attempted to reach for his weapon. Police Accountability Report examines the facts of the case, speaking to Paul Brophy himself about the incident.

Studio: Stephen Janis
Studio/Post-Production: Stephen Janis, Adam Coley

TRANscript
Taya Graham: Hello, my name is Taya Graham, and welcome to the Police Accountability Report.As I always make clear, this show has a single purpose: holding the politically powerful institution of policing accountable.And to do so, we don' t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible.

And today, to achieve that goal, we'll be showing you this video of an arrest by a Massachusetts cop of a man who refused to show identification. show today, an example of how law enforcement can turn mundane situations into life altering trauma.

But before we get started, I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you. privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram or @eyesonpolice on Twitter. And of course, you can always message me directly @tayasbaltimore on Twitter or Facebook And if you can, please leave a like or comment to help share our work with other people who care about justice and accountability.

Now, one aspect of American policing we have covered extensively on our show is a topic that seems simple but isn't. Namely, the seemingly limitless ability for police to ask for or even demand identification. It's a question that usually focuses on the legal In other words, when can a cop demand your ID?

But there is more to this question than just criminal code or legal procedures, because the fact that there are so many scenarios when police can make the ultimatum, produce your ID or else, that it's worth unpacking the broad implications of this power on both our lives and our rights. And no video is a better example of what I'm talking about than the fraught encounter with Weymouth Massachusetts Police I am showing you now. It happened when resident Paul Brophy and a friend were sitting in the parking lot of a convenience store in Weymouth in October in 2019. His passenger had just purchased some snacks and cigarettes when an officer approached their car. Watch.

[VIDEO CLIP BEGINS]

Police Officer: So let's talk about what I'm asking you for. You cooperate, give me your ID, we see who you are. We can send you on your way in short time. you're being defiant.

Paul Brophy: No, I'm not being defiant.

Police Officer: I asked you for an ID, a simple request, and you can't give it to me.

Paul Brophy: I said, respectfully, officer –

Police Officer: That's not respectfully, that's actually defiant.

Paul Brophy: Well, you're escalating now.

Police Officer: What's that?

Paul Brophy: You're escalating.

Police Officer: I'm not escalating.

Paul Brophy: I mean, it's about de-escalation.

Police Officer: Okay.

Paul Brophy: Now, can we talk to each other? You're a public servant.

Police Officer: Then why are you being defiant?

Paul Brophy: I'm not being defiant.

Police Officer: Ask for an ID, offer an ID.

Paul Brophy: I'm not being defiant.

Police Officer: Asked for an ID, you offer the ID. You'll be sent on your way shortly after.

[VIDEO CLIP ENDS]

Taya Graham: Now as you can see, it's clear the officer is completely unable to share what's known as reasonable articulable suspicion that Paul committed a crime. That is generally the standard for making what's known as a custodial stop, or where you're not free to leave until the officer says so. In fact, he seems pretty much at a loss to even articulate why he's talking to the two men at all. purchasing a snack is actually nefarious.

[VIDEO CLIP BEGINS]

Police Officer: Why can't you produce an ID?

Paul Brophy: Well, it's about the Constitution [officer laughs].

Police Officer: Okay, which part of the Constitution?

Paul Brophy: The First Amendment.

Police Officer: The First Amendment?

Paul Brophy: It's probably not the First.

Passenger: The Fifth, it's the Fifth.

Paul Brophy: It's the Fifth?

Police Officer: See, clearly, you don't even know the Constitution.

Paul Brophy: Off my heart, no, I don't.

Police Officer: Or your Constitutional rights, because what you're saying is that…

Paul Brophy: You should advise me of my rights, now.

Passenger: Paul, yo.

Paul Brophy: You should be helping me.

Police Officer: I'm asking you to help me.

Paul Brophy: What is your name?

Police Officer: I'm asking you to help me.

Paul Brophy: Can I ask you, what's your name?

Police Officer: My name's Steven. What's your name?

Paul Brophy: Well, can I see, are you a detective?

Police Officer: No.

Paul Brophy: Well, can I see your name tag?

Police Officer: We don't have name tags.

Paul Brophy: Okay.

Police Officer: Are you going to operate this motor vehicle?

Paul Brophy: I had planned to leave when he said we were loitering.

Passenger: We were just told to leave, officer.

Police Officer: If you're going to operate this motor vehicle, I need to know if you have a valid license.

Passenger: Got a license. Yeah. Give him your ID.

Police Officer: Let me see your ID.

Paul Brophy: That's not my problem.

Police Officer: Then we can go right from there.

Paul Brophy: That's not my issue. Come on now.

Police Officer: Well, clearly if you're going to drive this motor vehicle away, I need to know if you are a valid licensed operator. That way I can find that out. How am I going to find that out? ?

Paul Brophy: No, I'm sorry.

Police Officer: You don't produce me an ID. You don't drive this vehicle away.

Paul Brophy: Okay. Whatever you say, officer.

Police Officer: That's what I say.

Paul Brophy: You're in charge.

Police Officer: That's correct.

[VIDEO CLIP ENDS]

Taya Graham: Now it's worth noting that Paul, at his own risk, refuses to relinquish his rights. In fact, even as the officer escalates the encounter, Paul attempts to de-escalate, all the while simply trying to protect the rights enshrined in the Constitution.

[VIDEO CLIP BEGINS]

Police Officer: So if you're not going to produce ID.

Paul Brophy: Power and control, it's all about power and control.

Police Officer: No, it's not power and control.

Paul Brophy: Yes, it is. Everyone's a criminal.

Police Officer: It's me doing my job.

Paul Brophy: Everyone's a criminal.

Police Officer: It's me doing my job.

Paul Brophy: Why do you look at people like they're criminals?

Police Officer: Have I looked at you like a criminal?

Paul Brophy: Yeah. No, you've talked to me like I'm a criminal.

Police Officer: No, believe me, trust me when I tell you, I've talked to people like they're criminals. I'm not talking to you like a criminal. So rest assured, I'm asking you for your ID You want to operate this motor vehicle?

Paul Brophy: I'm respectfully refusing.

Police Officer: Okay, then I'm going to respectfully tell you that you're going to be getting out of this motor vehicle because you're not going to drive the motor vehicle without a license that I know that you're a valid licensed operator.

[VIDEO CLIP ENDS]

Taya Graham: Of course, at this point, you're probably saying, why doesn't he just hand over his license? Why not just give the cop what he wants? Why be what the mainstream media likes to call a troublemaker? , let me briefly address that before I show you what happened next, because the sequence of events you're about to see will certainly answer that question full stop.

First, what are the point of our rights if they are strictly conditional? How are the First Amendment, which guarantees our ability to move about without government intervention, and our Fourth Amendment, which protects us from unwarranted search, is meaningful at all If we need permission from a person with a gun and a badge to invoke them? Seriously, and if you don't think how and when we can invoke rights are important, take a look at what happens next.

[VIDEO CLIP BEGINS]

Paul Brophy: So you're escalating now again, and you're getting louder.

Police Officer: Whether I'm getting louder or not has nothing to do with it. Apparently you don't understand that right now you not producing an ID [crosstalk] means you're not going to be able to drive this motor vehicle.

Paul Brophy: Is standing up for my rights and I'd stand up for yours too.

Police Officer: Although, be that as it may –

Paul Brophy: He was very aggressive, that guy, when he came to the window.

Police Officer: You're ignorant. If this situation…

Paul Brophy: You trying to provoke me.

Police Officer: – When the clerk has called us.

Paul Brophy: Yes.

Police Officer: I have not spoken to the clerk.

Passengers: Yes.

Police Officer: That he was suspicious about the activity that was going on.

Passenger: Okay. Yes. I understand that.

Police Officer: If there's a potential for a crime, have, are or about to commit a crime, I have every right to ask for your ID.

Passenger: If you believe or under suspicion.

Police Officer: Bingo.

Paul Brophy: Well, suspicion doesn't give you rights.

Police Officer: It's called reasonable suspicion. And at that point we have the right to ask for an ID.

Maximillian Alvarez: Thank you so much for watching The Real News Network, where we lift up the voices, stories, and struggles that you care about most. And we need your help to keep doing this work, so please tap your screen now, subscribe , and donate to the Real News Network. Solidarity forever.