In the early morning hours of October 12, 2021, Corey Jones got up early to work on some property improvements at his home, clearing brush around his acreage. He got out there early because he had to take his kids to school. Since it was still dark out, he used a headlamp. Unbeknownst to him at the time, the horse-owning Karen next door called 911 on him, complaining that she saw a guy in the woods on her neighbor’s property. She did this despite the fact that she had no idea who her neighbor was. Officers from the Pope County, Arkansas, Sherriff’s Department arrive, listen to her explanation, and then trespass onto Corey’s property, confronting him, and then arresting him. Everything that happens here is outrageous. But also instructive. Corey is a subscriber to my channel, and has graciously allowed me to share what happened.
When the officers arrive – this is Sgt. Damon McMillan and Deputy Hayden Saffold, both of the Pope County Sheriff’s Department – the Karen again tells them same story. Of particular importance here is the fact that she clearly does not allege that Corey trespassed onto her property. She’s claiming that she was subjectively scared of someone she saw on someone else’s property, which in fact was the property owner. She admittedly has no idea who owns the property. She makes no allegation of any crime, other than expressing her own fear of nothing.
Now the officer notices Corey on his property. He now becomes the one trespassing, as he confronts Corey. Of course, he’s got to have that ID – like an addict. Does he care that he’s on private property and has no idea who the owner is? Of course not.
Corey ends up being arrested for violation of § 5-54-102. Obstructing governmental operations, which provides that:
(a) A person commits the offense of obstructing governmental operations if the person:
(1) Knowingly obstructs, impairs, or hinders the performance of any governmental function;
The Arkansas courts have defined “governmental function as “any activity which a public servant is legally authorized to undertake on behalf of any governmental unit he serves.”
Thus the Arkansas obstruction statute does not specifically provide a mandatory requirement to provide ID to a police officer. Rather, it criminalizes the providing of a false ID to an officer. However, it does criminalize “obstructing” any activity which a public servant is “legally authorized to undertake…”
Arkansas Rule of Criminal Procedure 3.1 provides that:
A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct….
Thus it appears that the officers in Arkansas may detain individuals if they suspect that individual committed a felony or certain dangerous or damaging misdemeanors. It would be a stretch to even include trespassing into that category – especially where they have no complaint from the owner of the property, and are actually themselves trespassing and confronting the actual property owner.
The footage was very clear that the property owner, who did identify himself as owning the property, expressed that they were not welcome. I really don’t see any basis for the officers having a reasonable suspicion of any crime having been committed here. Nor does it appear that if they had such suspicion of simple trespassing, that their actions would have been justified.
The officers are clearly worried about ending up on Youtube or in the media, as well as the fact that they suspect Corey of being anti-police, which is ironic under the circumstances. A solid case could be made here that what they actually are doing is retaliating against Corey, in violation of his First Amendment rights.
Sadly, part of the story here is what happened afterwards. I’d like to tell you that the charges were dismissed. But apparently Corey ended up being convicted of the obstruction charge. On what basis? I really don’t know. But I do know that the judge who convicted him, I’m told, was Judge Don Bourne of Pope County, Arkansas.
A little over a week ago, our old friends KARK in Little Rock reported that the Arkansas Supreme Court officially suspended Judge Don Bourne without pay for ethical violations, including mistreating litigants in her courtroom and failing to appoint lawyers for criminal defendants. Basically, for running a kangaroo court. I also found this gem, where KARK showed footage of Judge Bourne threatening a defendant with prison rape, among other things. It was only a two week suspension, but thankfully, after his term expires in 2024, he will never again be allowed to serve as a judge in Arkansas. Why even allow him to remain at all?
Hopefully an Arkansas lawyer can swoop in and save the day here. I wish I could help, and I’d be happy to, to the extent that I can. But I’m not an Arkansas lawyer. Perhaps there’s more to the story, I don’t know, but the footage shows what the footage shows. I trust in the footage. And I really feel bad for Corey Jones. He was mistreated by his government – by a couple of tyrant thugs, egged on by a despicable Karen. I’d love to see a civil lawsuit here. Usually, however, you have to win on the underlying criminal charges – which is probably why Officer King George, III is pushing them. He wants to know why anyone would be anti-government or anti-police? Because of swamp creatures like you.
A few weeks ago I posted the video of my clients in McDowell County, West Virginia encountering a similar type of tyranny within the curtilage of their home. The point was, you can’t be on my curtilage without my consent and demand an ID – even if you have reasonable suspicion. Here, however, it looks like we’re not dealing with curtilage, but rather what the courts call “open fields.” Generally, unfortunately, there are no federal Fourth Amendment property protections for open fields. The line between a home’s curtilage and the adjacent open fields can sometimes be a grey area.
However, that doesn’t mean that state trespassing and criminal procedure laws aren’t applicable. I see no Arkansas law that allows police officers to trespass on your private property against your consent and demand your ID to ascertain whether you are trespassing on your own property. Quite the opposite.
Federal Fourth Amendment protections will always apply to the person. Federal law prohibits an investigative detention – i.e., give me your ID or I’ll arrest you – in the absence of reasonable suspicion. The Karen neighbor alleged to crime that was committed. She alleged only her objectively unreasonable and irrational fears. There was no allegation of trespassing. A police officer’s own irrational subjectively unreasonable fear that someone theoretically could be trespassing on a particular property, without more, cannot be valid reasonable suspicion. Especially under these circumstances.