Category Archives: Searches and Seizures

My Video Makes TV News in IDAHO – Town Responds and Gaslights!

Posted on by
Reply

A few days ago I posted a video showing officers from the Idaho Falls, Idaho Police Department entering a family’s home and forcing them outside. When the homeowner, who was filming, demanded a warrant, the officer claimed that he didn’t need a warrant. The problem is, they did in fact need a warrant, as I explained in the prior video. The local TV news in Idaho picked up the video and reported on it, prompting the Idaho Falls Police Department to issue a statement. Here’s the statement:

Here’s the case law I discussed in the video:

Case law regarding any claims that this entry was justified by a claim of “exigent circumstances”:

The 9th Circuit discussing the very practical reason why the Fourth Amendment rights of homeowners must be protected:

My Video Made the TV News in Utah – the Police Respond

Posted on by
Reply

My last video, about the Special Olympics Medalist who was followed, and then violently arrested, by a Clearfield, Utah police officer, made the TV news in Utah. A reporter actually went to the bar and interviewed Shawn, as well as the bartender, and others, which was fantastic. The Clearfield Police Department responded. But is their response adequate?

Bully Cop Assaults Special Olympics Medalist (and his supervisor helps cover it up)

Posted on by
1

In Clearfield, Utah, Officer Fratto of the Clearfield Police Department violently arrested (and injured) a local long-time Special Olympics medalist. Shawn was just trying to walk home from his favorite karaoke bar, but Officer Fratto thought Shawn looked suspicious, so he began to follow him (and scare him) as he was walking home. Shawn had committed no crime. No crime had been observed or reported.

Fratto eventually jumped out of his police cruiser and detained Shawn, claiming he saw him illegally jaywalk. He demanded Shawn provide his “ID.” However, Shawn answered all questions asked by Fratto, who never asked Shawn his name or date of birth. Shawn knew that he was being harassed and did not want to provide his ID to Fratto, who continue to bully him and escalate the situation. Fratto chose violence and took Shawn to the ground, injuring him. Fratto’s supervisor showed up and helped coverup the misconduct.

Luckily, Shawn had a friend from the bar who helped him get the bodycam footage and communicate to the prosecutor and judge in court, resulting in the bogus charge being dismissed. But unfortunately, the incident has had a lasting negative effect on Shawn.

Screenshot excerpts used in the video:

Cops Bust in a Home, Force the Family Outside and Handcuff the Dad (who I interview)

Posted on by
Reply

Cops with the Idaho Falls, Idaho Police Department busted in an innocent family’s home, breaking their front door, looking for a third party fugitive. Though the homeowner knew his constitutional rights and demanded a warrant, the cops claimed they didn’t need a warrant because they believe a dangerous fugitive (the girlfriend’s brother) was inside. They did come inside and forced the family outside into the cold for about 30 minutes.

During this time period they handcuffed the dad, even though he was suspected of no crime and there was no search warrant for the home. The problem is, according the U.S. Supreme Court in the 1981 opinion in Steagald v. United States (1981), exigent circumstances to enter a home do not exist merely because the police know the location of a fugitive, even if they possess an arrest warrant for that person. They must also have a search warrant for the residence.

Cop Follows Man Home After Traffic Stop, then Tases Him Repeatedly | 14 Other Victims | FIRED!

Posted on by
Reply

In Warrenton, North Carolina, bodycam was recently released showing now-fired police officer Mark Oakley following a black man home from a traffic stop and then repeatedly tasing him in his driveway. Dwayne Hicks was originally pulled over for a minor traffic violation. Finding a pickup order in the system for Mr. Hicks’ license plate, the officer got a screwdriver and pulled the plate off Hicks’ vehicle. Then he told Hicks that he was “free to leave,” and encouraged him to leave the scene. The officer even waved as he drove away from the scene. Instead, former officer Oakley followed Mr. Hicks home and performed another traffic stop – this time in Mr. Hicks’ driveway. The encounter quickly escalated into violence.

Oakley’s statements about the incident:

Media report here.

Cops Called about a White Suspect, then Arrest DEAF Black Man with Cerebral Palsy

Posted on by
Reply

In Phoenix, Arizona, cops were called by a Circle K gas station in reference to a white man they wanted trespassed from their store. When they arrived, the white man pointed across the street to a black man, claiming that the man was the actual culprit. Just taking his word for it, Phoenix officers Ben Harris and Kyle Sue violently attacked the black man. His name is Tyron McAlpin. He’s completely deaf and has cerebral palsy.

Officers Harris and Sue took him to the ground, punched him in the head at least 10 times and tased him at least 4 times, all the while shouting commands that he was unable to comprehend.

Media report here.

RAW Footage from Ben Harris’ bodycam:

Raw surveillance footage:

Shocking Arrest During City Council Meeting | Bodycam Released | Lawsuit Filed

Posted on by
Reply

The Supreme Court has made clear that “one of the most precious of the liberties safeguarded by the Bill of Rights” is the sacred promise to every American, enshrined in the First Amendment, that citizens enjoy the freedom to complain about their leaders. Lozman v. Riviera Beach, 585 U.S. 87, 101 (2018). But the city of Surprise, Arizona and its mayor, Skip Hall, broke that promise, arresting Plaintiff Rebekah Massie in front of her 10-year-old daughter for criticizing a public official at a city council meeting.

The complaint:

Massie v. City of Surprise – Complaint_2Download

UPDATE October 24, 2024:

Surprise Police Chief Piña recorded an internal message video for his police officers about a week after the arrest. In it, he defiantly and irrationally claims that there was no First Amendment violation. He also has another officer, who gained valuable experience in First Amendment (and other) violations, while working at the Phoenix Police Department, give the officers advice on how to respond to encounters with so-called First Amendment Auditors.

When Cops Ask to Come Inside, DON’T do what This Guy Did!

Posted on by
Reply

This involves the Moweaqua Police Department and happened in Macon County, Illinois. This man was being investigated for allegedly making a threat on social media. Police officers showed up at his door without a warrant. They asked to speak with him. He was apparently lawfully armed at the time. He invited them in. Once inside, they wanted to disarm him. Not being agreeable, he asked them to leave. They refused. It all went downhill from there. This all could have been easily avoided.

Original full video, with explanation, is here.

Idaho Cop Gets Violent with Innocent Kids | Justified, or no?

Posted on by
1

A retired California police officer moved to Idaho and began working at the Meridian (Idaho) Police Department. In June of this year, a 16 year old kid crashed his dirt bike about a mile from his home. Later, when his brothers went to retrieve the bike for their brother (who was in the hospital), they were approached by Officer Bradley Chambers. Encountering the least bit of resistance from the boys, who had just struggled to load the bike into a truck, Officer Chambers chose violence.

Original video that was age restricted (probably due to the dirt bike wreck footage):

UPDATE Video, Sept. 24, 2024:

Police Report:

This shows the wreck scene, with police present at the scene. Two of the brothers who were later involved in the arrest incident are also at the scene at the time. The dirt bike had already been removed by one of the homeowners:

The dirt bike crash video (filmed by kids down the street):

RAW footage angle 1:

RAW footage angle 2:

How Cops Scammed my Client and Took an Innocent Guy to Jail (and got sued)

Posted on by
Reply

DJ was driving to the store to get feed for his numerous farm animals. He was driving his crappy little “farm car” that did not have a valid inspection sticker. He was pulled over for that reason by the Martinsburg (WV) Police Department. Instead of being issued a warning or citation for the inspection issue, within seconds he ended up being arrested. Despite having committed no crime, other than the inspection sticker violation, he ended up being taken to jail in handcuffs and charged for being a drug dealer. All charges were subsequently dropped. A lawsuit was filed.

Here’s my first video on this incident, from about a year ago.