This is the only cop I have ever seen who wasn't obsessed with seeing ID and it would've stopped this entire incident. Ironic

The irony of this video is it is the one time the cops didn't actually ask for ID, which seems to be the thing they crave the most.

He called the cops without even looking that man in the face? Big ol’ Baby!!

So let me get this straight, this cop's oversight caused him to arrest an innocent person, and, sure, he apologized after realizing he was wrong but then arrested him again to try and cover it up, resulting in a million dollar lawsuit. B- seems crazy high to me

The fact the supervisor knew it was a mistaken identity, and then still doubled down on the arrest is insane.

That dude who worked at the Walmart looks exactly like the type of guy to lose 10 million dollars for the company he works for.

If you can be arrested and trespassed for no reason or being mistaken for somebody else...we are screwed.

How do you give the officer a B- when he CLEARLY gets an "F" due to the fact as you say he never checked his id. That in of itself is an F.

The fact that they took him back to jail on a ten year old trespass AFTER realizing he was not the right man is horrible. We need to make that vindictive supervisor famous.

The fact he was arrested before confirming his identity just sealed the deal on that lawsuit

It doesn’t matter how calm and polite the officer is. It is massively outweighed by his ignorance

What a joke that courts have found that it's fine to arrest someone because they mistook them. All they need to do is check an id!

Why is it there’s CONSTANTLY leeway given to officers making “good-faith” mistakes but not citizens who are expected to have expert knowledge of all laws, case law, etc. Why do courts hold officers to a LOWER standard than an average citizen? It’s disgusting.

What I've learned from this channel - if you get within 100ft of a cop at any time they'll ask you for ID, and arrest you if you refuse to provide it. But when investigating an offense that is entirely related to who you actually are, they don't ask for ID.

The cop was very calm and polite yet he failed to identify the suspect.

Officer gets a F for not asking for identification

Imagine being trespassed from Walmart because your partner was mistakenly arrested because the supervisor and the cop failed to properly ID them.

No one arresting the wrong person should get B-.

Walmart will never ever get my business ever again. Ever. This was the final nail in the coffin.

Would be nice to have updates on the lawsuits filed in these cases to determine if they won and how much?

I get human make mistakes but failing to identify a suspect before arrest is something I've never seen before.

I just find it so hard to believe that the cop never once asked for his name or ID... This just blows my mind.

I hope they win the full 10 mil. Teach them a lesson. And to threaten the lady is disgusting. Just like she said.

Arresting wrong person is an automatic F.

Not only did they re-arrest him after discovering their mistake, but they actually tried to charge him. Crazy.

He arrested him because he looked when he called out a name . That’s just human nature , when someone screams out a name , everyone turns around to see what’s going on . Even if it wasn’t their name .

So many cops need that ID fix that could have made a big difference in this case

I find it funny that they usually INSIST on ID...and in this case they didn't even ask him for it to double check who he was!

The fact that the officer would never address again the "suspect" by his alleged name during the whole interaction with him, so he never gets a chance to say "wait, that's not my name", is mind-blowing.

The odds that this dude actually got in trouble with this exact Walmart a decade ago and then gets misidentified for another dude who got trespassed is kinda crazy.

He should sue Walmart employee Walmart and cop for not being more thorough. He should also sue the cop and the police department.

I hope he wins, it's definitely racial profiling, also the fact the girlfriend gets a trespassing notice for just being next to her boyfriend is extremely disappointing. Also such notices should expire. Otherwise that's the equivalent of a never expiring restraining order with no way of legally overturning it!

Pretty disturbing how an underpaid employee can so casually turn someone's life upside-down just by calling the police whom, in turn, make the situation worse with their negligence.

Arresting the wrong person is IMMEDIATELY a F- rating 😂

I can't believe you gave the cop a B-, The first thing they are taught is to check their ID to make sure your not arresting the wrong guy. This cop also talked smack to the defendant. He gets an F and you get get a D-

Why didn't this Wal-Mart employee make sure it's the right person first, before calling the police and arresting the wrong person.

Amazing that a person could be put thru all that, without having been identified.

How on earth do you not properly identify a suspect before arrest? That means they could arrest anybody at any time and basically say Oops, wrong person and get away with it.

This cop’s handcuff first, investigate later policy is dangerous.

The guy in the store who called the police wrongly accused an innocent person without Proof is the Guilty Person , The cop should be Fined and then Fired .

All of this could have been avoided if the cop asked for ID.

This is the problem in America. Arresting and taking someone to jail for “trespassing “ a Walmart. Common man there is much more serious shit going on. Just give him a citation and send him on his way.

Yo, I work at Target, and I’ve seen some shitty asset protection leaders before, but never anyone who was afraid to even approach someone who wasn’t acting in a threatening manner. I don’t claim to know Walmart’s policies on AP, but I do know that this was handled terribly by both the officer, and the AP manager.

Imagine the "oh shit" feeling the deputy had when he FINALLY took a look at the poor guy's ID.

How brain dead you gotta be to arrest someone without confirming his identity, this cop should never get a badge EVER again.

Absolutely disgusting! It's shameful that the police motto is Protect and Serve. I hope their POST certification is permanently revoked. They are human trash. Shame on the employee that called the police instead of helping this gentleman.

The security guard at Walmart should have been fired on the spot for assuming someone without getting a closer look at the person. These guards make false accusations all the time without having half the facts. I had a guy at Kmart when I was younger following me around and e even threatened to searche. I told him that he had better hope he find something on me.

He SHOULD NOT be a manager at a Walmart if he’s so scared 😭

You know, Tony seems like the type of guy who would have accepted the cop's apology and probably let it go once the cop drove him back. I firmly believe that by re-arresting and charging him, that sarge brought on the lawsuit he was trying to avoid

B-! NO way. F. He didn't even ask for his ID immediately or his name.

Excellent coverage on this A the A.

This is crazy that all this is happening without then even verifying its the actual person they were actually accused of being.

The hilarity of him apologizing and trying to drive the victim home, then bowing to his supervisor who was trying to cover it up and re-arresting him is hilarious.

OMG a B- for the arresting officer? No way!!! He should have gotten an F due to not asking for ID prior to an arrest.

Why wouldn't he have checked his ID? Deputy McNeely should not be a cop.

His supervisor gets an F, still charging him after discovering the error was definitely an attempt at damage control.

The officer should get an F for this. Doing nothing to establish the identity of somebody before arresting them is a huge and fundamental abuse of power. It's so basic in terms of law and order and individual rights.

The supervisor gets an F. Instead of allowing the corrective actions of the mistake of his officer made, he doubled down and found a reason to [re]arrest this gentleman as an attempt to appear as if the original arrest was justified.

The fact that they shouted a name as a way to identify him instead of asking him, is bs. If I heard someone yell Cody in the middle of a Walmart I'm gonna look too

If I’m in a public place shopping and and somebody yells out a name or anything for that matter I’m going to turn and look just like that man did that’s not a crime. I hope the couple gets every dime they’ve sued for. The manager is a coward not making eye contact and being absolutely positively sure that was the man who he believed to be Cody 😂pure nonsense.

Commercial properties that are inviting shoppers should be considered a public space

Considering how many times I’ve seen officers not only ask, but demand ID, It’s unbelievable that this officer didn’t ask for any ID to confirm his identity at any point before the arrest.

The grade seems too good for him. Not only detaining but also arresting someone without even trying to get their ID.

He needs to get an F.

Seriously how do you arrest somebody and never once Identify them? shouting something in the store and someone turning around to see who's shouting isn't proof...

How the hell does arresting the wrong person due to your own failure of obtaining ID earn anything but an F?

The fact that they didn't ID him when they normally do and that's become a problem in itself (overly IDing people and arresting them when not giving it) and then SHE got tresspassed over a mistaken identity and the double down on it. This whole thing is so messed up and disgusting.

This one made my blood boil. The largest fault is with the store loss prevention person and officer's superior that said (after KNOWING that they had the wrong person) 'arrest him anyway'.

Calling a name out in the middle of a store could create a commotion, everyone probably looked at the cop, that doesn't prove that's his name.

Cmon man. B-? Not even checking the ID? Look at the harm that caused. I hope this guy prevails.

I originally thought 10 million was a little bit too much but then again it is Wal-Mart. Until, I heard the part where they discovered they had the wrong guy and drove him home only to arrest him again! That is one hell of an emotional roller-coaster.

I have been waiting for this one.

So basically cops can make up a lie and say someone identified someone as someone else and arrest and search and detain them wholly based upon a lie. That's fucked up.

Any other time, these clowns are asking for ID likes it's crack.

If someone yells out a name loudly, I'm going to turn around and look at the person even if they didn't call out my name. While McNeely acted calm and even-tempered, the fact that he didn't ask for identification when first confronting Nguyen is absurd.

The cop shouldn't get a B- for basically being polite and knowledgeable. He didn't even identify the right person. Its the most basic thing to do in this situation. Its like giving a chef a B- for undercooked chiken because he was polite and knew the process for cooking chicken correctly. This cop gets a D. The other people get an A+. Walmart gets an F.

The fact the arrest is lawful and they didnt confirm identity is crazy. The longest trespass i know of is 5 years and thats domestic violence one

Never talk to police. He should never have talked about a 10-year-old trespass. Probably no record of that anymore. That really hurts any lawsuit. She states: "I always supported police". Support the blue till it happens to you fits well. We all should consider a Boycott of Walmart for so many questionable actions

As a retired corrections officer the cop gets an F. There have been innocent ppl put in jail because the cop failed to do his job properly and some have died in jail as a result. No excuses.

I certainly hope the people that were wrongfully trespassed from the Walmart in Florida get every penny of the 10 million dollars that they are seeking and I would not settle out of Court this is absolutely inexcusable and it shows the power that police officers think they have to push people around when this whole incident could have been avoided had they asked for the man's ID in the first place which they did not do granted he had a valid trespass from the year prior that he did not know was still in effect and I'm sure if he was asked to leave he would have left without incident and I hope the supervisor at this Walmart loses his job ridiculous.

"I'm sorry you feel that way" is such a non-apology. Better to say nothing at all than that.

Nearly all cops: "I need your ID for no particular reason" This Cop: "I literally already know who you are!"

That 14 year old boy in a cop costume should not be allowed to arrest people. He is dangerously incompetent.

The courts uphold a cop's right to detain someone for an investigation, even when that person has done nothing wrong, AND the courts have upheld the right for a cop to arrest you in good faith even when the cop is wrong, because he didn't investigate sounds like "Damn if you do and damn if you don't". A catch 22 for us the people who are prey to predators with guns and arrest powers.

The cop needs to lose their license or certification.

That cop does not deserve a B- His lack of investigative skills should give him a lower score. Awful!

The officer gets an “F” again for failing to investigate in any way the crime accusation.

The ONE time a cop doesn't ask for ID.

They're not cops, they're SS soldiers of the American Gestapo

Don't you love it when they wrongfully arrest someone, and then do their damnedest to find anything that could possibly be used to turn it into a legal arrest? Guilty until proven innocent

So they put him in cuffs, and in a cop car and never once verified his identity? Makes total sense

The sergeant deserves a FFF- for REARRESTING him on his way home after the mistaken arrest.

*1.* Always record the police. *2.* Always get their names and badge numbers. *3.* Always ask, "Am I free to leave?" *4.* Always ask for a supervisor. *5.* Always remember you have the right to disobey an unlawful order from the police if you are confident they won't be able to demonstrate in court that the order was warranted and made necessary by your conduct. An arrest following refusal to obey an unwarranted police order is unlawful. *6.* Always remember you have the right to refuse to identify yourself if you're confident that the police won't be able to demonstrate in court reasonable suspicion of your involvement in a crime; otherwise, provide your full name and nothing more, especially if threatened with arrest. *7.* Always tell the cops, "I don't consent to any searches or seizures, and I won't answer questions." *8.* Always remain calm. Trigger happy cops are easily startled. *9.* Never resist arrest! Unless you can do so safely and you have a valid reason like: self defense or defense of others, unlawful arrest, excessive force, necessity, mistake of fact, duress or coercion, malicious prosecution, preventing a crime, protecting property, medical emergency etc. *10.* Always get a lawyer and sue when your rights are violated, targeting individual officers and their department or municipality. Holding officers accountable removes those unfit for duty, while suing the institution can drive policy change. -------------------------------- *QUALIFIED IMMUNITY* Qualified immunity is a legal doctrine that shields government officials, including law enforcement officers, from civil liability for actions performed within their official capacity, as long as those actions do not violate "clearly established" constitutional rights. However, there are certain circumstances where qualified immunity might not protect police officers: *1.* Violation of Clearly Established Law: If a police officer violates a constitutional right that has been clearly established by existing case law, qualified immunity may not apply. In such cases, the court determines whether the law was clearly established at the time of the alleged violation. *2.* Excessive Use of Force: If a police officer uses excessive force in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures, qualified immunity may not shield them from liability. Courts examine the specific circumstances of each case to determine whether the force used was objectively reasonable. *3.* Malicious Conduct: Qualified immunity does not protect officers who engage in malicious conduct or who knowingly violate the law. If it can be shown that an officer acted with malicious intent or deliberately disregarded someone's constitutional rights, they may not be entitled to qualified immunity. *4.* Gross Negligence: In cases where an officer's conduct demonstrates gross negligence or reckless disregard for the rights of others, qualified immunity might not apply. Courts may find that such conduct goes beyond the scope of official duties and therefore does not merit immunity. *5.* Violation of Clearly Established Policies or Procedures: If a police officer violates departmental policies or procedures, which are designed to protect individuals' rights, qualified immunity may not shield them from liability. Adherence to departmental protocols does not automatically grant immunity if those actions still violate constitutional rights. *6.* Lack of Subjective Reasonableness: Even if an officer's actions are deemed objectively reasonable under the circumstances, if the officer's subjective intent is malicious or in bad faith, qualified immunity might not apply. -------------------------------- For drivers, prepare the following statement in print or writing to provide to the police along with license, registration and proof of insurance: *WARNING OF LEGAL ACTION FOR RIGHTS VIOLATIONS* During our interaction, I wish to assert my rights as follows: Under the Fourth Amendment, I decline any searches or seizures. Additionally, in accordance with the Fifth Amendment, I affirm my right to remain silent. The 2015 SCOTUS ruling in Rodriguez v. US established that a seizure justified solely by a traffic violation "becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission" of issuing a ticket. I understand that a routine traffic stop may escalate if the police suspect wrongdoing. In such cases, I assert that I'm not obliged to prove my innocence. Any abuse or confusion leading to an arrest will result in legal action to protect my rights and hold responsible parties accountable, including individual officers and their department or municipality. For safety precautions, I'll keep my hands visible on the steering wheel, briefly crack the window to exchange documents, and promptly close it shut. I refuse to obey the order to step out of the vehicle as I consider it unlawful because it is both unwarranted and not made necessary by my conduct. My freedoms don't end where your fears begin. However, I will exit the vehicle if you place me under arrest. I expect you to respect my rights, as per your oath to uphold the Constitution. Sincerely, [Your Name]

The deputy gets an F for not conducting an investigation into the identity of the person detained.

A B-!? Bro NGL that's an awful rating! Should have got highest a C right off the bat for not IDing c'mon dude!

It is absolutely insane that the cop didn't ask for the guy's name and completely inexcusable that he waited as long as he did. Yelling "Cody" doesn't cut it. The cop should not be relying completely on the identification skills of a Wal Mart employee.

Despite what the officer in the video said, you will never see cops responding like this for individuals in their homes. But cops are always eager to be obedient little lap dogs when businesses call them. Police should not be the de facto security service for private businesses.

How in the hell the officer didn't check this guy's ID first to find out who he actually is before moving forward is absolutely beyond me.

*This the only time a cop never asked for ID.* Excellent job by the Deputy to confirm identification, and said trespass order. *You 100% illegally arrested a man.* "You are under arrest for trespassing, Cody." *"I'm not Cody."* "Cody, you are under arrest for trespassing." *"I'm not Cody."* "HOLY SHIT! HE'S NOT CODY!!"

brody tool that phone from her with the quickness😂😂