Video: Ft. Lauderdale Officer Arrests Man After Being Asked for Badge Number

This video shows a disturbing scene as a man, Brennan Hamilton, who is arrested after he asks for the name and badge number of a Fort Lauderdale police officer who is identified as Jeff Overcash. On the video, Overcash is asked why he is arresting Hamilton for just asking for his badge number and he responds by saying it was for something that he did earlier (but apparently something that Overcash did not appear to believe warranted an arrest at that time).

An account by someone reportedly representing Hamilton was posted on some websites:

We have several witnesses for the incident prior to the arrest. The facts are essentially the train was going past the intersection, on SW 2nd Avenue, Fort Lauderdale. My client, Brennen Hamilton, was waiting with his wife and friends for the train to pass. My client leaned up against the rear of the police car.

Officer Overcash approached my client and took him by the arm and said ‘Get your ass off the car. How would you like it if I leaned my ass on your car?’ My client remained silent and rolled his eyes. The Officer said ‘Really tough guy, you have something to

say to me?’ My client remained silent. Officer Overcash then said ‘Yeah, that’s right tough guy, you’ve got nothing to say.’ The train passed and my client and his wife went to his car and called Fort Lauderdale Police, to complain about the treatment he just received. There wasn’t a Lt. or a Sgt. working at that time, so he left his number. During the call he was asked for the Officer’s name and badge number. He did not know that information.

After getting off the phone he went back to Officer Overcash and asked him if he could please give him his badge number and name. That is where the video is recorded. You can see my client approach calmly and request his badge and name. Without hesitation Officer Overcash immediately puts my client in cuffs, and ultimately charges him with resisting without violence and disorderly intoxication. My client was not intoxicated whatsoever. He is a licensed recovery agent and possesses all of the proper State licenses.

If these facts are proven, it constitute an extremely serious abuse of power and should raise serious questions as to the ability of this officer to continue on the force.

36 thoughts on “Video: Ft. Lauderdale Officer Arrests Man After Being Asked for Badge Number”

  1. Right to resist unlawful arrest depends on where you are. Texas certainly recognizes it, up to and including with lethal force. The courts have upheld it, including in a particular case where a Hispanic man was harassed and serially arrested by a particular small town department; he ended up shooting and killing a cop who made death threats while arresting him again.

  2. Are you guys kidding me? “The right to resist an unlawful arrest” doesn’t exist. If a police man tries to arrest you, you must comply or you will be guilty of resisting arrest. The police can even hold you for a limited time without charging you with anything, and then release you as if there was no harm done. If you are indeed arrested for no reason, you do have the right to sue, but in order to win, you have to prove that the officer was aware at the time that he was arresting you illegally. If you can’t prove that, the officer is considered to be acting under the color of law and is not held accountable. Almost any excuse will work to make the arrest good, and police officers are pretty good at coming up with them.

    In this particular case, the video tape will help a lot. Hopefully it will allow officer Overcash to get the piddling little repremand that he probably wouldn’t get otherwise. But please stop spreading this crap about a “right to resist unlawful arrest” it’s bunk, pure bunk.

    s

  3. If there wasn’t a video, they would both already be convicted on nothing but this bully’s word. That’s our fault as jurors. Cops testilie. Every time, even when the truth serves them better.

  4. If I was the person who made the tape, I’d be holding the phone number of my lawyer real close – and being real careful how I answer the pounding on my door…

  5. One of the major problems I see with recognizing an absolute right to resist an unlawful arrest is the difficulty in making that determination. An officer acting in good faith can err and make an unlawful arrest.

    Good. Then the resistance will make the police officer think, “Should I be doing this?” and, upon that helpful reflection, relent in his bad judgement. Maling an unlawful arrest is an evil thing. Don’t forget that. People sometimes do. Especially policemen.

  6. And another felon was removed from the streets! I thank officer Overcash for having the guts to fight the good fight. Only error he made was in NOT immediately bringing out the taser…

    and maybe the notion that he’s not helping… in anything other then protecting and serving his own ego?

  7. “I’m dying to see the officer’s report on this arrest-assuming it was written before he was aware of the tape.”

    Oh, that would be comedy gold!

  8. On a side note, I’m dying to see the officer’s report on this arrest-assuming it was written before he was aware of the tape.

  9. One of the major problems I see with recognizing an absolute right to resist an unlawful arrest is the difficulty in making that determination. An officer acting in good faith can err and make an unlawful arrest. On the other hand, the detained person may not be aware of either the law or specific facts establishing the lawfulness of the arrest. My view of the problem may be colored by living in an area where a significant number of people do not recognize any actions of local or state authorities as being lawful, and where officers are often alone. As a result of the potential risk, I do go back and forth as to whether I think lawfulness of the arrest should be an element of the resisting arrest charge. I find it easier to justify eliminating that element in jurisdictions where officers are well supervised, and detentions meaningfully reviewed for both legal and common-sense justification by supervisory personnel. Of course, the good faith of management in any law enforcement agency which objects to officers being videotaped while engaged in public law enforcement activities is automatically suspect as far as I’m concerned.

  10. You cannot talk to under any circumstances to an officer while he is interrogating a suspect..The “tough guy” was a suspect ( I guess for smudging the car) unlike TV we really don’t have rights on the street…there is to much liability concerning the safety of the officers…and common sense has flown out the window…there will be no charge, but, the supreme court has supported these actions over and over again, do you remember the soccer mom in Colorado. All the officer had to do was say, sir please stand over there till I am ready to explain it all to you, but since they knew they screwed up they overreacted….use to be, you could be reasonable…but this is the new America…

  11. correction:

    –had to affirmatively prove (beyond a reasonable doubt) that the arrestee knew that the arrest was a lawful arrest–

    I really mangled that!

  12. hile I agree with the general tenor of the discussion concerning this officer’s actions, I do believe that resisting arrest without violence can be a legitimate charge-though often misused as here. Actions such as flight, grabbing onto stationery objects, or engaging in physical movements to resist the application of restraints do not involve violent actions. However, they can require increased focus/actions in dealing with the detained person to the detriment of the officer’s ability to be aware of changes in his surroundings. This does create increased risk, especially in volatile situations. It may also increase the time and resources required to place the person in custody.

    i wouldn’t have a problem with this if the police had to affirmatively prove (beyond a reasonable doubt) that the arrest was a lawful arrest.

    The right to resist unlawful arrests is more important than officer safety. It is grossly unfair to say that a person has committed a crime for resisting an arrest that is apparently unlawful.

    I understand that a lot of people think differently because they believe that the victim of an unlawful arrest can and will be made whole later. People who believe that only believe that because they are naive and ignorant, in my opinion.

  13. Congratulations Officer Overkill … you and your cruiser fetish are now a national joke.

  14. While I agree with the general tenor of the discussion concerning this officer’s actions, I do believe that resisting arrest without violence can be a legitimate charge-though often misused as here. Actions such as flight, grabbing onto stationery objects, or engaging in physical movements to resist the application of restraints do not involve violent actions. However, they can require increased focus/actions in dealing with the detained person to the detriment of the officer’s ability to be aware of changes in his surroundings. This does create increased risk, especially in volatile situations. It may also increase the time and resources required to place the person in custody. I recognize it is frequently misused, and that misuse as documented here certainly suggests that the officer does not have the qualities which we should require in our law enforcement officers. I also think that the ability to videotape officers engaged in their duties is extremely valuable both in fighting officer misconduct and protecting officers acting appropriately.

  15. It is always wise to be very careful around policemen/women. The hiring and training practices of many departments are substandard and one never knows what kind of personality disorder may be encountered.

  16. How do you resist arrest without violence?

    If you are under arrest you are supposed to, by sheer force of will, assist the policeman be willing cuffs to appear around your hands and shackles to appear around your legs. By wishing hard enough you are supposed to instantly teleport yourself (and your clothing, except your belt and button on your trousers) into a holding cell with Bubba.

    If you do not wish hard enough or quickly enough to make things happen, so that the policeman has to make any of these things happen, then his sacred officer safety has been compromised and you have resisted what he wants and thereby resisted arrest./popomode

  17. I’d be willing to put some serious money on:

    a) The officer will be suspended with pay (i.e., receive extra paid vacation) during an investigation
    b) After an internal investigation it will be concluded that the officer did nothing wrong and acted entirely reasonably under the circumstances
    c) Behind the scenes a note will be made in his permanent record that he’s exceptional at accomplishing the Department’s primary mission of keeping the enemy (meaning all of us) under control.

    I’m just cynical about these kinds of things. In general there’s no recourse against a cop who abuses his position

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