Hold Them Accountable Campaign (Part 1)
- Rashaad Thomas
- Feb 18
- 5 min read
Written by Rashaad Thomas
Have you ever seen those videos where police randomly walk up and start questioning a person, saying they fit the description of a suspect they are looking for and are absolutely lying? Have you seen those videos where the person asks why he/she is being stopped, and the officer doesn’t answer? Have you seen those videos where the person with the individual being arrested or “detained” asks what that person did, and the officer doesn’t answer or gives a false answer? Did you know that these actions committed by the officers are a felony in the state of South Carolina? No?
SC ST §17-13-50: Right to be informed of ground of arrest; consequences of refusal to answer or false answer
(A) A person arrested by virtue of process or taken into custody by an officer in this State has a right to know from the officer the true ground on which the arrest is made. It is unlawful for an officer to:
Refuse to answer a question relative to the reason for the arrest;
Answer the question untruly;
Assign to the person arrested an untrue reason for the arrest; or
Neglect on request to exhibit to the person arrested or any other person acting on his behalf the precept by virtue of which the arrest is made.
(B) An officer who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than ten years, or both.
Now that we’re aware of what arrest means, let’s talk about what detain means and what it looks like. According to the Merriam-Webster dictionary, the transitive verb definition says:
"To hold or keep in or as if in custody."
"To officially prevent someone from leaving a place."
So when an officer stops you from walking away or tells you that you are not free to leave, you are officially being detained. Now, before you answer any questions or present any identification, you have the right to know why you’re being detained.
Now, can he arrest you for something that’s in clear view? Absolutely. But that’s not the topic here. What we’re looking for is why he is stopping you, leaving, or questioning you for no reason.
So what’s our next step after he has committed the acts in the statute? A lot of people would say to file a complaint with the department, and your answer would be…
WRONG!!! Why would I go to the same people that have given him the power to do what he is doing and expect them to hold him accountable?!
SC ST §22-5-110: Arrest, examination, and commitment or punishment; warrant; courtesy summons
(B)(2) If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons.
(3) If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court must issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed.
So, what this means is that anyone can be summoned. Anyone can be brought up on charges. NO ONE is above the law, but you must have your evidence (i.e., video recording).
So what happens if he doesn’t show up?
SC ST §22-5-115: Summons to appear; issuance; design and contents of form; tracking
(A) Notwithstanding any other provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case, if the sworn statement establishes probable cause that the alleged crime was committed. The summons must adequately express the charges against the defendant.
If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.
What does this mean?
Any judge may issue the summons based on your complaint and supported by your evidence. The summons acts as a command to appear to the law enforcement officer. If he fails to appear, either an arrest warrant will be issued, or he will be tried anyway while he’s not there.
So what do we do?
Step 1: Get the incident on video! Record yourself asking why you are being detained, making sure you capture him not answering. If you’re asking for someone else, make sure you record if he doesn’t answer.
If he tells you that you match the description of a suspect he’s looking for, ask for a description of the incident (the day, the description of the suspect, the crime, and the location) and go to the Sheriff’s Office to investigate if the incident even happened.
Make sure you get his name before he leaves.
Step 2: File a complaint with the Magistrate in your county. They are usually located at the jail.
SCRMagCt Rule 6: Summons; Service
(a) Upon filing of the complaint and a copy with any attachments (video evidence) for each defendant, the court shall issue a summons.
A copy of the original summons, along with a copy of the complaint and any attachments, shall be served on each defendant. (Someone other than you can serve them on the Sheriff’s Office.)
Step 3: Wait for your court date. When it comes, present your case clearly and in plain English. You don’t have to talk like a lawyer.
Save all of your paperwork to Google Drive or iCloud.
Final Words:
Pursuant to SCMagCt Rule 24, a complaint is a form that the Magistrate must make available to any person without charge who is a litigant in an action before the court.
But I’ll do you one better—find these forms online at the link below:
Author Bio:
Rashaad Thomas is a civil/human rights activist with over 15 years of experience. He survived police brutality involving five officers and a K9, is a former Minister of Defense for the Black Panther Party Queens, and a Field Marshal in the Black Liberation Army. He has studied law since his incarceration and is currently working to prove his innocence for a crime he did not commit. His Hold Them Accountable Campaign aims to empower individuals to understand the law and assert their rights.
Disclaimer
The information provided in this article is based on publicly available legal statutes and has been researched to ensure accuracy. However, this article is intended for informational and educational purposes only and does not constitute legal advice. Readers should not rely solely on this content for their legal needs. We strongly recommend consulting a qualified attorney or legal professional for advice specific to your situation. Neither the author nor the blog assumes any liability for actions taken based on this information.
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