This footage was submitted by a man who encountered law enforcement in Burleson, Texas, in a Kroger parking lot. He was documenting the lack of front license plates in the parking lot for something he was working on. A “Karen” in a nearby store saw him photographing cars and called the police. The police showed up and began to “investigate” the non-crime taking place. The man asserted his rights and asked if he was free to leave. He wasn’t. Thus the 4th Amendment was implicated. Was the detention justified?
Category Archives: Wrongful Arrest
Tased For Filming Son’s Traffic Stop | Lawsuit!
This footage shows a man being confronted, arrested and tased by police officers, after he pulled over on the side of the road to observe and record a traffic stop involving his son. Did he have a right to observe and record the traffic stop? Or can the police make him leave – or worse?
Kenneth Espinoza was driving to a shop to get his truck serviced. His son was following him separately in another vehicle. But then, his son was pulled over by a deputy with the Las Animas County Sheriff’s Office, for allegedly following too closely to the police car. His father then pulled over behind the deputy to observe the stop and wait for his son.
But that’s not the main story here. Rather, the story becomes the officers on the scene getting butthurt about the father observing and waiting behind the stop. In the bodycam video, Deputy Henry Trujillo is seen walking up to the father’s window. He tells Espinoza he needs to leave the scene, or else he’ll be charged. Espinoza refuses, but moments later can be seen then attempting to leave the scene, at which point the deputies prevent him from leaving, including by pointing weapons at him.
The footage then shows the father being tased multiple times, including while handcuffed.
Prosecutors have now dropped all charges against Espinoza. He had been charged with resisting arrest and assaulting a peace officer. Espinoza’s lawsuit also alleges that Deputy Trujillo shouldn’t have even been a deputy in the first place, due to his criminal history. In 1997 he was charged with felony menacing with a weapon, which was pled down to misdemeanor disorderly conduct. The following year, he was convicted of misdemeanor harassment. According to the father’s attorney, that conviction should have barred Trujillo from becoming certified as a police officer in Colorado. There were also multiple restraining orders filed against Trujillo, including a 2006 domestic abuse allegation, including a stalking and assault allegation from 2007. Apparently a protective order was entered against him.
But there’s more. Trujillo was apparently forced to resign from the sheriff’s office in 2009 due to a conviction that is now sealed. What was it? We don’t know. Because it’s sealed. But then, he was rehired in 2010. Then in 2018 he was promoted. Now he’s third in command. The Las Animas County Sheriff released a statement saying he has asked for help from an outside agency to review the actions of his deputies. He said that Deputy Trujillo is still on active duty.
What is the law here? Did the father have a right to wait and observe at his son’s traffic stop? The bodycam footage indicates that the father was not just waiting and observing the stop, but also recording the stop. That’s the most important fact here.
It just so happens that Colorado, which is in the 10th federal circuit, is where case law just dropped last year on this very issue. And it’s not good for the officers. The case is: Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022). Here’s the backstory:
Early in the morning on May 26, 2019, Abade Irizarry, a YouTube journalist and blogger, was filming a DUI traffic stop in Lakewood, Colorado. Officer Ahmed Yehia arrived on the scene and stood in front of Mr. Irizarry, obstructing his filming of the stop. When Mr. Irizarry and a fellow journalist objected, Officer Yehia shined a flashlight into Mr. Irizarry’s camera and then drove his police cruiser at the two journalists.
Mr. Irizarry is a “Youtube journalist and blogger” who “regularly publishes stories about police brutality and conduct or misconduct.” On May 26, 2019, he and three other “YouTube journalists/bloggers” were filming a DUI traffic stop with their cell phones and cameras “for later broadcast, live-streaming, premiers, and archiving for their respective social medial channel[s].”
Here’s what the court held:
Filming the police performing their duties in public is protected activity. Police Officers in Colorado will be deprived of qualified immunity where they violate a citizen’s First Amendment right to film police performing their duties in public and take retaliatory actions against them. Officers standing in front of a camera, threatening violence, including aiming police cruisers at the individual, violate the First Amendment.
Client Stopped For Giving Cops The Finger
On February 10, 2023, Corey Lambert was driving down the road and he gave the middle finger to a police officer who was driving by. That police officer then, in response to the middle finger, initiated a traffic stop. This occurred in Martinsburg, West Virginia. The officer was Coby Engle from the Martinsburg Police Department.
Here’s what he wrote in his report:
I witnessed a white male driver later identified as Corey Lambert, driving a Chevy pickup truck traveling east bound on Mall Drive. When I passed Corey I witnessed him giving an improper hand signal prior to turning left onto Mall Access Road. I then turned around and initiated my emergency lights and sirens and conducted a traffic stop in the parking lot of Grand Home Furnishings on Mall Loop.
When I approached Corey I advised to him the reason for the stop. Corey later stated that he was not indicating his direction [of] travel in his vehicle with his hand signaling and that he was simply giving me the middle finger.
Due to this being a municipal violation of hand and arm signals 339.10 I then asked Corey multiple times for his driver license registration and proof of insurance. He told me multiple times that the didn’t have to provide me with these documents.
At this time Pfc. Boursiquot told Corey again that if he didn’t provide us with these documents that he would be placed under arrest. Corey continued to not comply with our demands. Corey was then placed under arrest at this time and transported back to the Martinsburg City Police Station for processing.
Believe it or not, Corey was then held on a cash only bond for four days and three nights, following his arrest. He was charged with municipal violations of improper hand signal and two counts of obstruction. Then, because the charges were municipal, instead of a real court and real judge, it went to the municipal court, which so they told us on the phone, claims not to be a “court of record,” and as such apparently keep no paperwork. But they told us that the result was that the improper signaling charge was dismissed. One count of obstruction was dismissed. And he was convicted of one count of obstruction.
The protections of the First Amendment are not limited to spoken words, but rather include gestures and other expressive conduct, even if vulgar or offensive to some. For example, in Cohen v. California (1971), the Supreme Court held that an individual wearing a jacket bearing the words “F**k the Draft” in a courthouse corridor could not be prosecuted for disturbing the peace.
Consistent with this precedent, although “the gesture generally known as ‘giving the finger’ … is widely regarded as an offensive insult,” Bad Frog Brewery, Inc. v. N.Y. State Liquor Auth. , (2d Cir. 1998), it is a gesture that is generally protected by the First Amendment. See, e.g. , Cruise-Gulyas v. Minard (6th Cir. 2019) (“Any reasonable [police] officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment.”); Garcia v. City of New Hope (8th Cir. 2021) (“[Plaintiff’s] raising his middle finger at [a police officer] is a rude and offensive gesture but nonetheless, under current precedent, is a constitutionally protected speech activity.”); Batyukova v. Doege (5th Cir. 2021) (same); accord Swartz v. Insogna (2d Cir. 2013) (holding that giving the middle finger could not support arrest for disorderly conduct); see generally Ira P. Robbins, Digitus Impudicus: The Middle Finger and the Law , 41 U.C. DAVIS L. REV. 1403, 1407–08, 1434 (2008) (observing that the middle finger can express a variety of emotions—such as anger, frustration, defiance, protest, excitement—or even “possess[ ] political or artistic value”).
Cops Arrest Kids Home Alone | No Warrant, No Crime
The LA County Sheriff’s Department recently showed up at a family’s home, entered without a warrant and then placed the teenage kids in handcuffs. No crime had been committed. No explanation was given. The family posted the surveillance footage on Tik Tok and it went viral. The sheriff’s department then responded, claiming that they received a call from a concerned citizen, and that upon arrival, the door was open.
Man Flees Illegal Stop and Wins in Court
Kary Jarvis was pulled over for a traffic violation in Daytona Beach, Florida. He was issued a warning ticket. But instead of then being allowed to leave, police officers asked to search his vehicle. When he said no, asserting his constitutional right to say no, instead of allowing him to leave (which he was entitled to do) they illegally detained him. He then fled the stop, dragging the officers, who were hanging onto his vehicle. He ended up being charged with multiple felonies.
The judge in the criminal case later enforced the Constitution, finding that everything that happened after the warning ticket being issued, was an illegal detention. Unfortunately, he spent a year in jail prior to that happening. He’s now suing.
Here’s the court order:
Here’s the police report:
Grandmother Elected & Arrested by Corrupt City Officials
Sylvia Gonzalez became the first Hispanic councilwoman elected in her hometown of Castle Hills, Texas. She was elected on a platform of reform, based on her neighbors’ complaints about the current incompetent town leadership, including the city manager. Her first act as councilwoman was to present a citizens’ petition to remove the incompetent city manager. The entrenched swamp creatures had other plans, however. The city manager and other city officials conspired to have Sylvia arrested and charged for a bogus criminal violation.
The Institute for Justice took her case and filed a federal civil rights lawsuit for First Amendment Retaliation. You can learn much more information about the case on the IJ’s website and view the legal filings here.
“Castle Hills officials seem to believe that they are above the law because they are the law,” said Anya Bidwell, an attorney at the Institute for Justice, which represents Sylvia. “But criticism isn’t criminal, it is a constitutional right. And it is patently unconstitutional for an official to use the police to stifle speech and retaliate against political opponents.”
Last year I did a video on that case, which had been lost at the Fifth Circuit. Now the Institute for Justice is petitioning the U.S. Supreme Court to take the case.
Last week I had the wonderful opportunity to interview Anya Bidwell about the case. Like Patrick Jaicomo, who I got to interview about the James King case recently, Anya is one of the top civil rights attorneys in the country. She spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
If you want to help, please consider supporting the Institute for Justice, either by donating or by following and sharing their content.
DONATE to the Institute for Justice: https://ij.org/support/give-now/
Bad Cop Charged By His Own Department
The Michigan State Police has now criminally charged one of their own for physically detaining and abusing a man who was walking down the side of a road. According to the trooper’s own report, he accosted the man for not walking on the sidewalk, but instead walking along the edge of the public road. The man had committed no crime. When the trooper attempted to charge him with obstruction, the prosecutors refused to proceed.
On Sept. 4, 2022, Michigan State Trooper Paul Arrowood and his partner were on patrol when they encountered a male subject walking in the roadway on Webber Street near Julius Street in Saginaw, Michigan. Contact was made with the subject and the troopers attempted to physically detain him. Arrowood took the male subject to the ground, striking him with a closed fist multiple times, causing visible injuries.
Saginaw County District Judge Terry L. Clark on the afternoon of Friday, March 3, arraigned MSP Trooper Paul E. Arrowood, 43, on single counts of common law offense or misconduct in office and assault and battery. The former is a felony punishable by up to five years in prison and a $10,000 fine, while the latter is a misdemeanor punishable by up to 93 days in jail and a $500 fine.
According to an official press release by the state:
“The actions of Tpr. Paul Arrowood fall outside of MSP policy and procedure and they constitute an unwarranted use of force,” stated Col. Joe Gasper, director of the MSP. “The members of the Michigan State Police are committed to treating everyone with dignity and respect, and we will tolerate no less. When we fall short of this standard, we will hold our members accountable.”
He is apparently on unpaid leave pending the results of the criminal case.
Detained, Arrested and Beaten Over Cheeseburger Dispute
It’s happened yet again – this time in Ohio – where police arrive to a trespassing complaint at a business (this time at a McDonald’s) and instead of allowing the person to leave the business, they instead detain and forcibly ID the individual. Do police officers have the right to detain someone under these circumstances? More importantly, do they have NEED to do so?
From the Dayton Daily News:
An incident that led to an officer hitting a woman multiple times Monday began as a dispute over missing cheese on a Big Mac. Butler Twp. Sgt. Todd Stanley and Off. Tim Zellers responded at 4:20 p.m. to a call about a disorderly customer at the McDonald’s at 3411 York Commons Blvd., and on arrival, officers spoke to Latinka Hancock, according to a police report.
When the woman refused to provide her ID, the officers engaged in a brutal and violent use of force against her, which one customer inside the McDonald’s caught on video:
Following the release of the footage to the public, the officer has been placed on leave, pending internal investigation.
Cop Points Gun at Man’s Head During Traffic Stop | Know Your Rights – Not Misinformation
There is a video showing a female cop suddenly pull her pistol and point it at a driver’s head during a routine traffic stop. Then there was a subsequent video providing commentary and advice about the situation. However, the information was incorrect. There’s unfortunately a lot of misinformation floating around about the rights of vehicle occupants during traffic stops. It’s important to know your actual rights and not misinformation that could really cause you some serious problems.
What are your basic constitutional rights at a traffic stop?
The Fourth Amendment prohibits police officers from prolonging a traffic stop beyond the time necessary to investigate (and write a ticket for) a traffic violation unless the officers have reasonable suspicion that the stopped vehicle’s occupants are engaging in other crimes. Rodriguez v. United States, 575 U.S. 348, 354-56 (2015).
Officers may detain the driver only for the time necessary to complete the tasks associated with the reason for the stop. The Supreme Court has provided a list of acceptable tasks that are connected generally to safety and driver responsibility:
Officers will usually question a driver about the traffic infraction; they will run the driver’s license plate; they will request and review the vehicle’s registration and insurance; they will check for outstanding warrants; and lastly they will write a ticket. Officers also commonly question drivers about their travel plans. So long as they do so during the time that they undertake the traffic-related tasks for the infraction that justifies the stop (Arizona v. Johnson), officers may also ask questions about whether the driver has drugs or weapons in the car, or even walk a drug-sniffing dog around the car (Illinois v. Caballes). These unrelated tasks turn a reasonable stop into an unreasonable seizure if it “prolongs” the stop. Officers may not avoid this rule by “slow walking” the traffic-related aspects of the stop to get more time to investigate other potential crimes.
Once the traffic-related basis for the stop ends (or reasonably should have ended), the officer must justify any further “seizure” on a reasonable suspicion that the driver is committing those other crimes. See Hernandez v. Boles (6th Cir. 2020).
Additionally, “a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle.” Maryland v. Wilson, 519 U.S. 408, 410, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997) (citing Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (per curiam)). That rule, the justification for which is officer safety, extends to passengers, as well. Wilson, 519 U.S. at 414–15, 117 S.Ct. 882. (United States v. Vaughan, 700 F.3d 705 (4th Cir. 2012)).
As for the 9th Circuit, where this encounter took place, “pointing guns at persons who are compliant and present no danger is a constitutional violation.” Thompson v. Rahr, 885 F.3d 582 (9th Cir. 2018) (citing Baird v. Renbarger , 576 F.3d 340, 346 (7th Cir. 2009)).
We do not discount the concern for officer safety when facing a potentially volatile situation. But where the officers have an unarmed felony suspect under control, where they easily could have handcuffed the suspect while he was sitting on the squad car, and where the suspect is not in close proximity to an accessible weapon, a gun to the head constitutes excessive force.
Original video here.
Review video with the misinformation here.
Woman Arrested Visiting Her Mother | Cops Create Their Own Laws
This footage shows a woman in Michigan attempting to visit her mother in a nursing home. The facility decides to trespass her from the property and call law enforcement. Once the police arrive, she voluntary leaves – or rather attempts to leave. Then this happens…. Once again, the issue arises: can the police detain and forcibly ID a citizen who is in the process of voluntarily leaving a private business following a trespassing complaint?
Here is the woman’s Youtube channel where she documents the entire ordeal.