Arrested After Flipping Off Deputy Travis Despain

Published On November 5, 2013 | By CopBlock | Articles

I was followed and arrested for flipping off Deputy Travis Despain on N State St. in Preston, ID. The police were violating freedom of speech 1st Amendment. I was charged with failure to display front plate as it was covered in snow from the blizzard in the AM, failure to notify of change of address, and failure to provide information to a law enforcement officer (obstruct).

Here is the video of the argument:

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  • KAZ

    Better hire a good lawyer immediately kid. This should get dropped by a judge but only if a lawyer files the proper paperwork first. There was no probable cause to pull you over so all violations found after the illegal stop should be thrown out.
    Hire a lawyer asap.
    —-take away all police immunity for a safer America—-

  • https://thingsyourlocalpaperwillnevertellyou.wordpress.com/ tittiger

    “…failure to notify of change of address..”

    We need to learn what the legal requirements are for talking to these bastards. If you had remained silent he could not have cited you.

  • YankeeFan

    So, he flips them off and the idiot cops says that’s plenty of PC! Sounds like the jackboot needs to get a refresher as to what PC really is!

  • prisoner416
  • blazzin12

    supreme court just gave a decision on this in October and it is not a criminal offence it is our 1st admentment right!!

  • blazzin12

    contemn of cop is why you were arrested…

  • blazzin12

    god that cop is so good at lying!!!

  • blazzin12

    their tactic is to lie to you until you give up your rights,,,jail does not stop us it gives us power in these situations….. boisecopwatch (facebook)

  • t

    Wow…..sounds like you shouldn’t call attention to yourself when everything about your car is screwed up. Typical cop blocker though.

  • Common Sense

    Sounds like you brought attention to yourself, ran to mommy’s house and got some nice hand written poems by the police. I bet that didn’t go the way you thought huh sport.

  • Hank_Thoreau

    Anyone who agrees with the pigs in this video is worthless and does not deserve to be free. These pigs are liars, and are guilty of a federal offense (Title 42, U.S.C., Section 14141). They cannot articulate a crime that they reasonably suspect him of, and there is no stop and ID law in Idaho, so he wouldn’t have to give them his name anyway.

    The police are thugs, and if you care about freedom in any capacity, you should detest them more than anything.

    All cops and wanna be cops that come on this site are vile garbage, subhuman swine, and the world would be a better place without you.

  • t

    Common: Who is @Hill? His style stinks if someone else who posts here a lot but I can’t quite place it.

    BTW….whatever happened to Davy V. and his book? His absence is nice though.

  • t

    And after this much time has passed…….I’m gonna have to declare that the crazy old guy in the bunker in Alabama was WOLF.

  • holden

    The City of Preston (home of Napoleon Dynamite) just got their MRAP vehicle. Area LEOs don’t have to answer to anybody now.

  • t

    Holden: Nice.

  • Common Sense

    t,

    He’s a nobody, just a looney sovereign. I knew it wouldn’t take long for all his “gold fringe” and “1933″ bullshit to emerge. All it takes is a nudge and he’ll reply with three volumes of delusions.

    I am wondering it’s CENTURION reincarnated.

  • Common Sense

    t,

    Wolf? I tend to agree.

  • t

    Ah…..the writing does stink of him. But too much control over language arts and punctuation.

  • Common Sense

    I’m not sure about Davy V. He’s been pretty low key. Carlos is still hammered, working on his next arrest. Seems he is looking at some charge in Boston as his his pal Hardy, oddly enough it looks like the same charges Adam Mueller had. Irony. Love it.

  • Common Sense

    The police are not required to “articulate” their suspicions at the time of arrest. Its not a open forum or a debate. In fact, the police don’t have to say anything, not even “you’re under arrest” let along read you your Miranda Warnings. But please, continue to get your advice from the internet. It makes for great reading.

  • Alvin

    I love how a certain badge-apologist denigrates the citizen for how everything is screwed up on his car and deserves the tickets for flipping the bird as an expression of his speech, yet makes no mention of the unconstitutionality of the badge-wearers abuse of their positions. I think that anyone employed in a police occupation should be required to cite a working understanding of the law and their limitations for the citizenry.

  • Alvin

    On a lighter note, I just had my last part delivered for yet another of my home-made AK-47 build. Sweet. If only the ATFE would be forced to allow me to legally make the trigger parts for a full-auto weapon, I’d be a happy man now. LOL.

  • John Q Public

    “I was charged with failure to display front plate as it was covered in snow from the blizzard in the AM, failure to notify of change of address, and failure to provide information to a law enforcement officer.” Didn’t see the flipping of bird charge.

  • YankeeFan

    The police are not required to “articulate” their suspicions at the time of arrest.

    That’s correct and just another perfect reason why to not talk to the police if arrested or suspected of crimes. They go to prison when convicted BRD not for remaining silent.

    As to Miller, he does look hammered at times but that is neither here or there. I like reading about his false arrests. Especially the one in Miami where the cops deleted his film after he was arrested. What’s funny is how little the cop posters on here know of him. His best photo he posted was when he went cover the DNC and a mounted cop asked for a photo op so he did. The cop reached down and grabbed his camera strap as Miller smiled on in the direction of the camera. He promised the officer it would labeled as a photo op and he did that. He isn’t a cop hater, just someone who stands up for the rights that would be stomped on if certain persons in certain professions had their way!

    His latest issue has to do with some cop threatening witness intimidation because he posted contact information that appears to be public information, about some cop spokesperson who claims she was recorded without being notified. We have yet to see everything on that as the call was recorded and only time will tell if he violated the wording of the law or actually notified her she was being recorded but witness intimidation? That’s weak!

  • KAZ

    t and common sense are idiots once again.
    Flipping off a cop is legal http://www.huffingtonpost.com/2013/01/03/flip-off-police_n_2403563.html and yes the link to the supreme court decision is in the article.

    Anything the cops conjured up and colluded to after they became offended and conducted an illegal stop should be dismissed because they admitted that flipping them off is the reason for the stop in the first place.

    The cops should be punished and held personally accountable for violating the mans first and fourth amendment rights, but they won’t be because of the corrupt accountability system.

    —-take away all police immunity for a safer America—-

  • t

    KAZ: We have a new contender for “King of the Fools” and KAZ is his moniker. Where, do tell, where did I say that “flipping off” the police was illegal? I said that he was an idiot (maybe you know him from your meetings) for intentionally calling attention to himself when just about everything with his car was messed up. So tell me….go……

  • KAZ

    @t
    And the winner of idiot island is t. You are an idiot for supporting bad cops who violate peoples rights. You think you are above the law like every other c-average idiot cop out there who thinks it’s ok to violate the oath you swore to uphold just because someone tells you NO. Contempt of cop is not a crime nor will it ever be a crime. Go take your idiot advice and idiot comments back to police one where all the other idiot cops like you can agree with each other. Here at copblock we support freedom, and constitutional rights not idiot cops who break their oaths. Stop blaming victims of police misconduct who rape citizens of their rights you moron.
    Oh and by the way his car wasn’t messed up you idiot it had snow on it, like millions of other cars that sit outside when it snows.
    —-take away all police immunity for a safer America—-

  • t

    Ok. So now…..
    • you were called out about, and failed, to be able to produce anything anywhere about me saying flipping off the police is illegal. Case dismissed.
    • now you accuse me of “supporting bad cops”. So again…..put up or shut up. Where did Ido that? I won’t wait as I know you can’t find it anywhere as it doesn’t exist. It’s just the opposite guy. I work to rid my Profeesional of that. But you think officers doing their jobs correctly still makes them a bad cop. In this instance…..is it the fault of the officers that it snowed? This guy managed to clean off the rest of his car…. But not the front? Overall it’s an example of a naked guy walking around in his glass house. If you’re gonna do that, don’t have a small dick. This guy thought his stuff was big….turns out it wasn’t. The officer had RS for the stop. Should he have been charged with all or even any of it? Don’t know. But his dickheadedness got him cited. Sounds like he should have closed the curtains so his little stuff wasn’t showing. Instead, he turned on a bright to draw attention too it.

  • KAZ

    Ok blog readers I never once said t or common sense said flipping off the police is illegal. I said and I quote “t and common sense are idiots” plain and simple. t with his c-average education doesn’t understand what quotation marks are for, I never used them to quote anything he said on any comment in this story (until now).
    Yet t the idiot is sticking up for the cops once again saying the cops had “RS for the stop” which I assume is reasonable suspicion and NOT probable cause for the stop. The man had a 1st amendment right to show his dissatisfaction with police. Yet t the idiot claims the person using his rights is somehow weak with a “small dick”. Yep typical idiot cop resorting to cussing and getting mad when someone proves them wrong. I really hate having to dumb stuff down for the idiot cops to understand all the time. Oh well maybe one day they won’t disqualify people who score too high on the police entrance exam to become cops. http://abcnews.go.com/US/court-oks-barring-high-iqs-cops/story?id=95836
    —-take away all police immunity for a safer America—-

  • YankeeFan

    I will say it again. At the very end of this video the officer states you flipped me off as I drove by and that’s plenty of PC for me to turn around. No, it’s not1 It’s a form of expression protected under the 1st. It maybe rude and not cooth but it is still free speech.

  • t

    KAZ: And so it continues:

    Ok, let’s see….
    •. @ 656 am. “t and common sense are idiots once again”. “Flipping off a cop is legal”. Now….are your now saying that those 2 direct quotes from the same paragraph aren’t related?
    •. RS is short for responsible suspicion. PC would be short for probable cause. So which does the officer need to stop the car? Ill cheat ahead and tell you he had both but I’d love to see your understanding and explaination of it. BTW, it has nothing to do with his flipping the officer off. That’s just what drew the officers attention too him.

    Now as for his small dick. He wanted to “show his dissatisfaction with police”. Ok. And the officer noticed him while he was doing it. But the officer also noted a violation of motor vehicle law. So, where is the officer wrong? The small dick part is that now he’s bitching about getting cited…..when he brought the attention on himself.

    You have achieved maximum density

  • KAZ

    Yankee fan you are right on! The video speaks for itself and yet these idiot cops like t keep on defending the other idiot cops in the video who violate our rights.
    —-take away all police immunity for a safer America—-

  • Common Sense

    Alvin,

    With the proper FFL, you can lawfully possess a fully auto rifle, except in DC or Cali I think. But in most of the lower 48, it just take some time and effort. You can even get yourself a suppressor or even a mini-gun.

  • ThirtyOneBravo

    I think the point that KAZ is missing is that the officer didn’t stop the kid because he flipped him off. The kid *called attention* to himself by flipping him off giving the officer an excuse to see what’s up and notice the violations.

    It boils down to choosing ones battles carefully. The kid laid out what he was charged for and “flipping off a cop” wasn’t listed in the charges. By the kids own (lack of) words, there was no violation of any First Amendment right.

  • Common Sense

    I am confident there was more to their interaction that what is on the video.

    I will hedge a bet, the while Junior drove by and flipped off the cop, the cop turned and looked, and low and behold, no front license place. Thus RS for a traffic stop. But now, Junior decides to beach the car at “mom’s” house. I can further assume that somewhere during this interaction either the Sgt showed up on his own, or was summoned/requested.

    I guess time will tell when Junior posts his courtroom video(s).

    Well, probably not…

  • ThirtyOneBravo

    CS,

    I can pretty much guarantee you that the SGT was asked for by the kid. We never show up out of the blue unless it’s requested or if it’s very active hitch or if we’re evaluating the officer’s performance.

  • KAZ

    Idiot cops chiming in again to support their criminal thin blue line. The end of the video speaks for itself the cop states flipping him off is probable cause for him to pull the guy over. The cop is WRONG and the idiots keep trying to justify his illegal actions violating the mans constitutional rights and their sworn oaths.
    —-take away all police immunity for a safer America—-

  • YankeeFan

    31B

    The cop states at the end that flipping me off as I drive by is all the PC I need. Wrong. It appears that is exactly why he initiated the stop in the first place and we have the cops own words on tape.

    Common Sense,

    That’s nice spin but doesn’t seem to match to what the cop said at the end. Maybe he is not the most articulate of officers and has issues expressing himself clearly but that’s neither here or there. He states at the end that being flipped off is ALL the PC he needs. It is hard to work around that little statement. It is a very strong matter of fact statement!

  • Common Sense

    31B,

    I tend to agree. Perhaps the young lad will accept this a teachable moment.

  • Common Sense

    YF,

    Everyone, atleast at first, misunderstands PC vs RS. Perhaps he misspoke, or maybe he’s a bit tarded, I don’t know and we’ll never know what really happened.

    If this ever gets to a courtroom, I’ll gladly read the transcripts.

  • ThirtyOneBravo

    Yank,

    I didn’t say the cop in the video was right – I don’t agree with the officer’s statement at all. I’m just saying that flipping the cop off was enough to call attention to himself and cause the officer to turn around and see what’s up.

    The kid flipped off the cop, the cop found violations related to his vehicle, the kid needs to cooperate. Since the kid wasn’t charged with flipping a cop off (or any other mode of disrespect to an officer), there was NO violation of civil rights.

    This isn’t a civil rights issue. This is an issue of a kid who’s pissed because he decided to be Billy Badass and it backfired.

  • YankeeFan

    31B

    This isn’t a big deal but the issue is when a cop interacts with you, there is a legal aspect to it. Regardless if he was calling attention to himself or not, the stop has to be based on a court tested sense of RS. It is hard to get around the officers specific statement of fact, flipping me off gives me PC! Sorry, that’s a no go. The question is, would a reasonable person in that kids place feel he was free to leave? The story/video gives us limited info but there is no indication the initial contact/stop was based on any observable traffic infraction. Just the time honored middle finger and that’s not RS/PC!

  • YankeeFan

    31B

    I agree he was being a billy bad ass. He was looking for an interaction and found it!

    Common sense,

    This is a not a big deal at all. I am just stating what the officer stated. Maybe he meant RS but that still doesn’t change what he said. Flipping me off gives me (blank) and that’s all I need. That is not the same as, I was flipped off and I am checking something out. Sorry but no one other than cops will buy that crap. Everything you say may be the right bet but it is equally safe to place your bet on the cop was flipped off and decided to teach this punk a lesson! Either way, It is no consequence to me.

  • ThirtyOneBravo

    Yank,

    The main thing is that the only time incorrect statement was at the end, just before he was arrested. The video is edited, that’s for sure. But incorrect statement or not, the act of flipping the officer off is what got his tits in a wringer. It may not have been the offical reason, but it was enough.

    You can flip me off, call me whatever and yeah, I can’t do much about that in itself. But you can bet I’m gonna swing my cruiser around and see what I can find… I don’t need any cause to run your plates or look for any valid reason I can to pull you over.

  • t

    YF. Just for theme record with you. I didn’t even watch the video and I don’t think it’s right to stop folks for minor things that you wouldn’t normally stop someone for. My point with KAZ is that he doesn’t even have a clue what he is talking about. The traffic violations are clear RS for a stop / interaction. All day, everyday.

  • YankeeFan

    T,

    I agree. I am not defending this kid as I do not like people like this. On the flip side, it is hard to give a cop credit for being correct when he clearly states at the end of the video…..you flipped me off when I drove by and that’s all the PC I need! He actually says that, almost verbatim. That’s legally incorrect in every way!

    31B

    We make assumptions about this tape and it more than likely was edited. We are assuming the cop spotted things before and the bird was the cherry on the parfait if you will. It is also true you can follow someone for however long you want and eventually pull them over but that gets into an area where cops are looking for things that they normally will not do. Pulling someone over for a brake light out and withing 30 secs asking to search their car type of thing we see in drug interdiction. If someone flipping you off, and I don’t mean you specifically, gets you all riled up, get a new job or grow thicker skin1

    As much as I loathe these type of people, standing on a street corner, driving by a cop or whatever and giving them the big F-U should never be grounds for any type of contact on it’s own merit. Like it or not, it is a free speech issue and if we start to mess with every Tom, Dick and Harry who exercises their vulgar 1st amendment rights in the direction of a police officer, we are no different than any country who would lay an ass whoopin on a citizen, legally, for doing exactly that!

    P.S. I was told when I did my 2 years in Germany, to never be rude or disrespectful to police or you will be on the business end of their automatic nightstick. America shouldn’t be the same!

  • Joe

    Digitus Impudicus: The Middle Finger and the Law

    http://www.wired.com/images_blogs/threatlevel/2010/03/middlefinger.pdf

    New York ruling regarding giving a police office the middle finger: John Swartz v. Richard Insogna

    http://www.ca2.uscourts.gov/decisions/isysquery/8ea5193d-9b87-4e23-9840-a803659cf798/1/doc/11-2846_opn.pdf

  • John Q Public

    “P.S. I was told when I did my 2 years in Germany, to never be rude or disrespectful to police or you will be on the business end of their automatic nightstick. America shouldn’t be the same!”

    Those polezei do not play. When I was in Germany, I saw them jack some guys up. Once, the MPs there were getting their asses handed to them by some drunks right outside of a bar. The polezei came up with those crazy batons and cleaned house. Don’t refuse on a DUI either. Those guys will get your blood one way or another. My roommate got his ass kicked by the polezei for a DUI refusal. They pretty much drug him to a hospital and had his blood forcibly drawn. And people think the police are bad in the US!

  • YankeeFan

    John

    No, they do not play there!

  • ThirtyOneBravo

    JQP,

    There’s this asshole here…

    http://www.myfoxatlanta.com/story/22706519/georgia-counties-seizing-dui-suspects-blood

    And it’s being taken up in several other states as well.

  • Alvin

    So, all of this yap-yap boils down to this. You are able to exercise your 1st Amendment right so long as it doesn’t offend a govt. official, then you will have to suffer the authoritarian consequences if you choose to do so. I get it.

  • Phil0_Bed0

    So, you’re ok living in a world where an agent of the state can use the full force of the state against a citizen, simply because said agent was offended by a gesture – a gesture which non state agents (I.e. regular citizens) cannot legally take any action against? What country are you from? Or are you one the the newer generation of Americans that are truly ok with goverment agents livingliving above and beyond the rules the peasant class must abide by?