This footage was submitted by a homeowner in Loraine, Ohio, showing police officers enter onto a woman’s private property and refusing to leave. They demand that she send her kids outside, because the officers allege that they observed them jaywalking. Her doorbell footage shows otherwise. I’ve previously discussed what you need to know when police are at your door.
Under the “knock and talk” exception to the warrant requirement, a police officer not armed with a warrant may approach a home and knock, precisely because that is “no more than any private citizen might do.” This means there is an “implicit license . . . to approach the home by the front path, knock promptly, wait briefly to be received, and then (absent invitation to linger longer) leave.” An officer may also bypass the front door (or another entry point usually used by visitors) when circumstances reasonably indicate that the officer might find the homeowner elsewhere on the property. “Critically, however, the right to knock and talk does not entail a right to conduct a general investigation of the home’s curtilage.”
Police officers, and anyone else really, have an implied license to come onto your property and knock on your door. This implied license can be revoked. Homeowners can prevent ordinary citizens and police officers alike from conducting a knock and talk by revoking their implied license to be there. However, few citizens know that an implied license exists. Generally, the courts require that a homeowner do so by clear demonstrations or express orders. For instance, asking someone to leave or refusing to answer questions.
Here’s an excerpt of the police report in this particular case, posted with the original video:
On February 15th, 2023 I was operating as a member of the Lorain Patrol Impact Team targeting high crime areas throughout the City of Lorain, Ohio. I was driving an unmarked Ford Taurus equipped with emergency lights and sirens. I was also dressed in plain clothes with “Police” identifiers displayed on the exterior of my vest, making myself readily identifiable as a Police Officer. It should be known that ATF Special Agent Fabrizio was also in my patrol vehicle at this time. On this date at approximately 1539 hours, we were patrolling the intersection of W. 27th Street and Reid Avenue. It should be noted that on 7/26/2022 a shooting had occurred between a group of juveniles in the area of 126 W. 27th Street and the surrounding area is a known hot spot for shots fired incidents and weapons violation complaints. While patrolling this intersection, S.A. Fabrizio and I observed three males who appeared to be juveniles with there hands in both hooded sweatshirt pockets and their waistbands while looking around their immediate area. Through my prior training and experience, this type of behavior is an indicator that the person may be both armed and checking their surroundings.
S.A. Fabrizio and went around the block to the intersection of W. 27th Street and Broadway Avenue and observed the males illegally cross the road not in a posted cross walk and began approaching the residence of 126 W. 27th Street. Due to this observed traffic violation, I approached the above listed residence and activated my emergency lights and sirens in an attempt to initiate a traffic stop for this violation on the three individuals while they were approaching the house in the front yard. S.A. Fabrizio exited the passenger side and advised the males to stop and to come back to our patrol vehicle. The males acknowledged our presence by looking back at our patrol vehicle and quickly made their way up the front steps to the residence and entered and refused to exit. A female (later identified as Mary Hildreth) came to the front door and began yelling at both S.A. Fabrizio and I as well as asking what we were doing and what the problem was.
They go after jaywalkers when they don’t want to fight real crime.
Wait, an ATF agent enforcing “Traffic” laws? What is his jurisdiction? These cops are very unprofessional with white tennis shoes and hat on backward. There was NO obstruction as there was no obligation on her part to provide them assistance. The only crime here is TRESPASSING. There are several possible civil rights violations including deprivation of rights under the first and fourth amendments. I would be seeking legal action against the officers and supervisor. In my opinion they lost their uplifted immunity when they refused to leave the property when asked to do so. Issuing a citation was a PYA attempt that should result in charges of false swearing.
This is so obviously illegal and has probably happened so often that it’s illegality would be common knowledge, I would think that qualified immunity would not be an issue. A Federal civil rights case which would allow a victim to take a cops personal assets would go a long way toward straightening out these criminal cops.
The report is not clear. I am assuming both cops that originally approached the house were ATF agents. The one identified as ATF was the one pushing the issue so hard. The cop (or agent) with him made no attempt to stop him, therefore is an accomplice. Take both their assets. In fact, all the cops must have heard that they were not welcome there, making them all accomplices.
What does ATF have to do with J-walking anyway? Did they change their name to ATFE & J? Also, I thought J-walking was legal now, but maybe that is just where I am in California.
By the way, the unidentified person who wrote the report is not only ignorant of his limitations, but not too bright. His grammar needs some work. “A female… came to the front door and began yelling at both S.A. Fabrizio and I as well as asking what we were doing…”. Bad grammar also makes him look stupid.as well.
I assume they left because their shift was over.
At some point the insurance company’s that insure these Citys? Higher Rates and stipulations are in the next contract. Double Indemnity.
Then SR 22 for them LOL
The lady stood her ground! Good for her. These cops have no warrant and they were trespassing. This is why we are having issues with our police. Most of the these guys are A type personalities and are being tyrants.
So, is there any federal statute that allows a federal agent to assist municipal police to enforce state law (or, municipal ordinance) regarding pedestrian traffic? Surely jaywallking is the lowest level of misdemeanor, if that, in Ohio, so why would an agent of the DEA assist in any way, especially when it involves minors?
These cops have been uTube several times acting bad.
I would go after the ATF guy. He was really out of his element.
Unbelievable, All of that for jaywalking. Police need better training. Keep up your good work!
Cops think they control you and they don’t have to abide by the law themselves. Although, I don’t believe they know actual law, they feel above the law and everyone else is below it
What’s the local statute say about “jaywalking”, specifically in a residential neighborhood with no traffic lights or marked crosswalks?. I’ll bet it is not a violation to cross the street anywhere in a residential neighborhood so the cops had no “probable cause” to initiate any type of contact.
Hey John I like your comments during the very instant the law has been broken. And thank you for your service I hope it keeps paying you very very well. I can’t wait for your upcoming database of civil rights lawyers it is sorely needed today as the jack booted thugs are loose in the land.
Nominate please … Mary Hildreth for MOTHER of the YEAR
How is this a violation of the 4th Amendment? No search was conducted and nobody/nothing was seized. I’m not defending the cops who were obviously not well trained, but a 4th Amendment violation? They did not even get to talk to the minors in question. I’m just not seeing a constitutional violation here. Bad policing, yes.
Jokesters. They are big men.
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