Several people sent me this video from the Crime Scene Cam youtube channel, showing a young, entitled couple confronting cops over their parked cars, several of which are in the public roadway. They learn several lessons here. But the more important lesson is the interplay in Fourth Amendment rights when it comes to the public road, versus the curtilage of your home.
Yet again, the Arkansas State Police make the news for their aggressive use of PIT maneuvers during pursuits. This time they actually wrecked the wrong “4 door sedan.” They got the color and the number of doors right. But unfortunately, it was the wrong one. Nevertheless, they stand behind their aggressive PIT policy. Is there a federal constitutional violation when they do this, and injure an entirely different person than they were intending to injure?
This is footage of a 2019 arrest for failure to produce ID to a police officer. A car broke down; a mechanic was called, and showed up; some idiot thought it looked suspicious and called the cops; then the cops showed up and demanded ID. But the guy was busy and obviously annoyed that the cops are harassing him while he’s trying to help somebody. This interaction resulted in a civil rights lawsuit for false arrest. Originally, the officers were granted qualified immunity. But just last week, the 11th Circuit issued an opinion in the plaintiff’s appeal. Who was right? Was the mechanic illegally arrested?
Here’s the 11th Circuit opinion.
Here’s the original raw footage, cited in the opinion.
Remember the video I posted that was filmed by my client, showing a police officer purportedly experiencing a contact overdose after an arrestee allegedly threw a white powdery substance in his face? The suspect was charged with two counts of attempted murder of police officers. Last week I posted a video about it. Well now we have the newly-released bodycam footage.
Remember the case where my clients were harassed and arrested on a private home’s front porch, just because cops assumed they were responsible for some marijuana plants growing on a nearby property? Huge update: We just received a big ruling from the Court.
Original full video here.
Here’s the Order:
Police officers around the nation continue to misunderstand the Fourth Amendment and the concept of reasonable suspicion. This footage was submitted by Nick Failla, showing his arrest in Cocoa, Florida several years back. He just recently obtained the bodycam footage.
Many cops believe that they get to forcibly ID anyone they encounter as a part of their job. They are taught that its policy to do this for officer safety reasons. We see it over and over again. In this particular video, the female officer, who is a supervisor, explains repeatedly to Nick that, because she’s a police officer conducting an investigation, Florida law allows her to obtain the ID of anyone she encounters – whether or not a crime is even alleged. Nick disagrees with her and asks repeatedly for an explanation of what crime he was alleged to have committed. Let me see if I can clear this up.
Here’s Nick’s original video, along with his explanations.
This is a common issue and is the subject of one of my most popular Youtube videos – a case currently being litigated in federal court, involving the arrest of my client in a West Virginia Walmart. When police officers encounter pedestrians, they could trigger an investigatory detention, which requires reasonable suspicion, or they could just be engaged in a consensual encounter, which requires nothing. It’s just a conversation.
Consensual encounters, i.e., a conversation, does not trigger the Fourth Amendment, and can be easily identified if the subject asks whether or not he’s free to leave. If the question isn’t asked, courts will look to the circumstances. Would a reasonable, regular person believe that he was NOT free to leave? Were emergency lights activated? Multiple police officers? Guns drawn? Put in handcuffs? Accused of criminal conduct? Told to show your hands? Told to get on the ground? Or was it just a conversation.
The question is whether a reasonable person would feel free to terminate the encounter. If the person was involuntarily detained by the officer, that constitutes a seizure under the Fourth Amendment, no matter how brief the detention or how limited its purpose.
If a detention occurs, the courts require the detaining officer to be able to articulate why a particular behavior is suspicious or logically demonstrate that the person’s behavior is indicative of some sinister criminal activity. It must be based on suspicion of illegal conduct. In other words, it cannot be based on suspicion of legal conduct, such as walking down a public sidewalk, or hanging out on top of your van with two women in a parking lot in front of a lake.
Here, there was clearly a detention. Therefore reasonable suspicion is required. Even in Florida, a police officer must have a particularized and objective basis for suspecting the person stopped of criminal activity.” United States v. Campbell, 26 F.4th 860, 880 (11th Cir. 2022) (en banc).
Remember the video I posted that was filmed by my client, showing a police officer purportedly experiencing a contact overdose after an arrestee allegedly threw a white powdery substance in his face? The suspect was charged with two counts of attempted murder of police officers. Well, a year has now gone by and the toxicology results came in. The criminal case is now over. Was it real? Was it a hoax?
Here’s the RAW footage of the incident, as captured by my client:
New and shocking body camera footage shows police officers in Georgia unjustly arresting and threatening to charge a woman just days after they handcuffed and detained her husband for not satisfying their questions about a neighborhood disturbance. It all started last year on May 26, 2022, when officers with the Covington Police Department were called to investigate a shots fired call in a local neighborhood near Melody Circle.
Here’s more footage of Officer Justin Peppers, from the Jacksonville Sheriff’s Office, courtesy of Jeff Gray, from Honor Your Oath Civil Rights Investigations. This is now the third video I’ve done on Officer Peppers. He’s the same guy I recently featured in a video where he’s punching a handcuffed arrestee. He’s also the same guy as I recently featured in the “Hey Mr. Black Man Video.”
Here’s Jeff’s video with additional footage, as well as details on the pending internal affairs investigations.
Here’s the use of force segment that was cut out from my video:
Andru Kulas was arrested by the Fort Collins Police Department in the early morning hours of August 29, 2021. He was pretty drunk and was expressing some criticism of the officers as they wrote him a citation for trespassing at a rooftop bar. When he refused the actual piece of paper, one of the officers attempted to shove it into his shirt pocket, which escalated the situation into the man being pepper sprayed at close range, among other things. He just filed a federal civil rights lawsuit.
Here’s the media coverage, including the raw bodycam footage.
Here’s the full Complaint:
Here’s the full Internal Affairs report: