New bodycam footage just released out of Raleigh, North Carolina, where I once worked as a prosecutor, showing police officers encountering, detaining and using force on Darryl Tyree Williams on January 17, 2023. That use of force, involving multiple uses of tasers, by multiple officers, resulted in the death of Mr. Williams.
What I want to focus on is not the actual tasing part. You know how that goes. But rather, whether it was constitutional for him to have been detained and handcuffed in the first place. Nobody had reported a crime. Rather, the officers were allegedly engaged in what they called “proactive patrols” of business parking lots in a location they claim “has a history of repeat calls for service for drugs, weapons, and other criminal violations.”
This is an important constitutional issue. When did the seizure take place? When were Fourth Amendment protections first triggered here? It depends on the facts, and in this case, the footage.
Here’s the police report:
You have two different scenarios for these types of police encounters:
1) consensual encounters, which are theoretically voluntary in nature – meaning that the suspects are free to leave at any time. This does not trigger Fourth Amendment protections; and then you have
2) a detainment, which does trigger Fourth Amendment protections. For a lawful detainment, officers must have reasonable suspicion of a crime. That did not exist, according to the report, until after the door was opened.
So, if the occupants in the car were already detained prior to the officer observing the open container and marijuana, they were being illegally detained from the very beginning. The issue here is a factual one.
As a general matter, police officers are free to approach and question individuals without necessarily effecting a seizure. Rather, a person is seized within the meaning of the Fourth Amendment “[o]nly when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” Id. (quoting Terry v. Ohio, 392 U.S. 1, 19 n.16 (1968)).
Such a seizure can be said to occur when, after considering the totality of the circumstances, the Court concludes that “a reasonable person would have believed that he was not free to leave.” Id. (quoting United States v. Gray, 883 F.2d 320, 322 (4th Cir. 1989)).
Similarly, when police approach a person at a location that they do not necessarily wish to leave, the appropriate question is whether that person would feel free to “terminate the encounter.” See Florida v. Bostick, 501 U.S. 429, 436 (1991). “[T]he free-to-leave standard is an objective test, not a subjective one.” United States v. Analla, 975 F.2d 119, 124 (4th Cir. 1992).5… (United States v. Nestor (N.D. W.Va. 2018)).
These are relevant facts to examine:
T]he number of police officers present during the encounter, whether they were in uniform or displayed their weapons, whether they touched the defendant, whether they attempted to block his departure or restrain his movement, whether the officers’ questioning was non-threatening, and whether they treated the defendant as though they suspected him of “illegal activity rather than treating the encounter as ‘routine’ in nature.”… (United States v. Nestor (N.D. W.Va. 2018))
I cannot imagine it was legally proper to walk up to a car and open the door??? But I’m not sure.
These cops prove over and over they will burn in eternal hell forever with these unmitigated wicked sins they believe they’re granted permission to commit. God Almighty doesn’t agree their acts of torture and death are warranted.
Officer: “Sit on the curb.” Suspect: Am I detained? Me as suspect: if I’m not free to leave I want a lawyer now!
More concerning is that local law enforcement has considered this type of policing to be “routine “.
This is going to depended by cops and will outrage anyone with the slightest bit of integrity. His poor family has to be so distraught. Sad
This should of never happened. makes me so mad. These officers should all stand trail for at the least involuntary man slaughter
In the multiple videos on this case I’ve viewed police e are saying stop resisting however his body was reacting to take shock from a subsequent tale by an alternate officer it was like tazer tennis both officers knew what they were doing was wrong and with no crime committed so immunity should be refused and the charge of murder be given