So many police encounters we see in the news, or on Youtube, were completely unnecessary. Some may say those are just circumstances where “A-holes collide,” but they need to keep in mind that we’re not talking about random people encountering each other, but rather an interaction between a citizen and that citizen’s government. These are not equal positions. Hot-headed police officers who primarily enforce their ego and authority, tend to escalate situations unnecessarily, creating crime out of thin air and endangering the safety of everyone. A little bit of common sense and a little bit of kindness would really go a long way.
Recently, a federal lawsuit was filed in Kentucky and the body cam footage was released, showing a young pregnant woman confronted by a police officer, in her own driveway, over a busted taillight. Take a look and then I’ll give you my thoughts about whether her constitutional rights were violated. Can the police just pull in your driveway after you park and detain you in your yard, much less use force on you?
According to the lawsuit, the officer, McCraken County, Kentucky Deputy Jon Hayden threatened to tase this 24 year old pregnant woman, Elayshia Boey. He then “face planted” her into a cruiser, pinned her to the ground, with his knee on her back, holding her down with the full weight of his body. She was six months pregnant at the time.
In his citation, Deputy Hayden wrote that after Boey refused to identify herself, he attempted to arrest her by grabbing her writ to “gain control.” However, the body cam footage showed that after the deputy asked her to identify herself, she gave her name. The deputy further wrote in his report that “after a brief struggle, Boey was then placed on the ground by physical force to gain control and compliance.” Boey and her mother were both arrested and charged with felony assault of a police officer. Those charges are apparently still pending. After a complaint was received, McCracken County Sheriff Ryan Norman said that the sheriff’s department had investigated itself and concluded that none of their policies or procedures were violated. He apparently didn’t mention whether any constitutional protections were violated.
A few minutes later, after both women had been arrested, Hayden puts his body camera back on. His audio shuts off twice when he explains to other deputies what happened. Later, Deputy Hayden’s conversation with the jail nurse and the nurse’s evaluation of Boey are also not audible on the body camera. Note that when the women were upset and verbalizing their displeasure during the arrest, that he left that audio running. But at other times, he apparently concealed his own audio.
Deputy Hayden did not take her for medical treatment. Instead a jail nurse refused to admit her because of her injuries and being 6 months pregnant. Only then was she taken to an ER. Legal analysis aside, was any of that really necessary? Is it that difficult to just be kind, or at least calm? You would think that rational police officers would sometimes think to themselves, do I really need to be doing this right now? What is my purpose? What am I trying to achieve? This is where ego gets in the way. The question is not what you think you have the authority to do, but rather, what should you do? Hell, just acting rationally, what is in your own best interests? Whereas citizens should ask themselves at times whether they really want to invite the man into their lives, so should police officers ask whether they want to invite drama into their lives through demonstrating their perceived authority, or demanding what they perceive to be respect.
It’s really not that much different than child custody litigation. Just because you can, or you think it’s fair, doesn’t mean that it’s also best for your child, or you in the long run. You’ll end up in a better position, and happier, by just being kind, or at least manipulative and pretending to be kind. Meanwhile, record and obtain evidence with a smile on your face. But I guess that’s too much to ask at this point.
In the footage, we don’t see the beginning of the stop. Thus I’m not sure whether Boey was already out of her car prior to the initiation of the stop. This is actually a common issue I see. Can police officers pull into your driveway, knowing you just pulled in, got out of your car, and begin walking in your house, and then at that point initiate a traffic stop? This is where it depends on the circumstances.
As we’ve discussed before, reasonable suspicion of a crime is required to detain a suspect. Usually in a traffic stop that is based on the officer allegedly observing a traffic law violation. Driving with a broken taillight could meet the reasonable suspicion requirement. But what about seeing the busted taillight, and then not getting to the suspect until they’re standing in their yard, the car now parked? What about not getting to them once they’re inside their house, even though you saw them drive with a busted taillight? This is where we could get into a lot of “what ifs” that could be tricky for a police officer. If you’re going to have to perform a traffic stop on someone who is now standing in their driveway, or yard, or porch, you might want to ask yourself if the crime for which you’re basing reasonable suspicion on is sufficiently important to justify entering this grey area that may involve you now being within the curtilage of someone’s home, without a warrant, and without probable cause.
Now, if there is a warrant, a police officer could even follow a homeowner inside their home to arrest them. Note I said it has to be their home. The home of a third party would require a search warrant, or a valid exception. If it was a “hot pursuit” situation, under some circumstances officers could be given quite a lot of leeway in entering, or remaining in the curtilage of a residence. But those “what ifs” don’t appear to be relevant here. We are looking at the most minor of minor traffic offenses, followed by an arrest for an alleged failure to identify, where the arrestee had just given her name. As I mentioned in a recent video on one of my cases, he tables turn when you’re talking about a police encounter occurring within the curtilage of a suspect’s residence. Law enforcement has no right to demand identification on your own private property – at least not without a warrant.
But it just goes back to the fact that a police officer should ask himself, why am I here? What is my purpose? What do I have to gain? And also, what do I have to lose? It would be a novel idea for law enforcement in this country to just try being kind and using common sense. Of course, there are plenty of those officers around. You just don’t hear about them or see them on Youtube. Because they are the ones who go home at night – drama free.