‘Are you a tyrant?’ Viral video shows Florida police arrest legally blind 61-year-old for holding cane
Under Florida law, police can only stop individuals on suspicion of a crime or a traffic violation
A Florida sheriff’s department is investigating a stop after video went viral of two deputies seemingly arresting a blind man with a cane for no reason.
According to arresting documents, deputies in Columbia County saw James “Jim” Hodges, 61, cross a street despite a crosswalk indicator telling him to wait, then stopped him when they spotted a metal object they thought was a weapon in his back pocket. (Mr Hodges, who says he’s legally blind, carries a foldable metal cane for help walking.)
Police body camera footage obtained by Mr Hodges and posted on his YouTube channel shows what happens next.
An officer, later identified in an affidavit as Deputy Jayme Gohde, asks the 61-year-old what’s in his pocket
“It’s a navigational aid, what’s the problem, are you a tyrant?” Mr Hodges says.
“Yeah, I am, actually,” the officer responds. “What’s your name and date of birth?”
The 61-year-old then refuses to give his personal information or ID card to the officer, insisting that he hasn’t committed any crimes and has given officers no reason to think he has, eliminating their legal right to search or detain him.
Eventually, he whips out his cane and waves it in front of the deputy.
“You don’t have to be a d*** to me,” Ms Gohde responds.
“Well you’re being one to me,” he shoots back.
As the argument continues to escalate, the video shows Ms Gohde calling over a supervisor, who explains that the officers thought the 61-year-old might have a weapon.
“Now she has verified that I am not armed, so there is no problem,” Mr Hodges says.
The officers then move in to handcuff the 61-year-old as they run his identification details. All the while, Mr Hodges maintains his innocence and asks the officers for their badge number.
“You know I’ll put you in jail for resisting,” the supervising deputy concludes.
Mr Hodges was arrested on resisting arrest without violence and given a $1,000 bail.
Local officials said they were concerned by the footage, which has been viewed over 80,000 times on YouTube.
“Sheriff [Mark] Hunter is troubled by what he has seen in the video and the matter is being addressed,” a spokesperson told The Daily Beast. “If policy violations are sustained at the conclusion of that investigation, appropriate action will be taken.”
The law enforcement agency said it would investigate the incident then post its findings on its Facebook page.
Under both Florida and US constitutional law, police aren’t able to search or detain individuals without cause.
“You are only expected to identify yourself to Florida law enforcement officers (police officers and Sheriff’s deputies, not immigration or FBI agents) when you are stopped on suspicion of a crime or a traffic violation,” according to the state chapter of the American Civil Liberties Union.
Officers can search an individual if the person is suspected of carrying a weapon.