Genius Cop Invents Reasonable Suspicion | Can Detain ANYONE

Here’s yet more footage showing police officers who misunderstand the concept of reasonable suspicion. Reasonable suspicion is necessary for a police officer to detain someone against their will. This includes traffic stops. There are limits to the length and scope of any such detention. Of course, those limitations depend on the seriousness and nature of the criminal violation suspected.

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)).

Officers Caught on Video Stealing $6,000 | Qualified Immunity?

Here’s video of parole officers caught on video stealing cash from inside a house they are otherwise lawfully searching as law enforcement officers. Is that a civil rights violation? Can they be sued? Could they get qualified immunity? Just in general, if police officers steal something from you, does that violate your federal constitutional rights? 

On November 16, 2022 in Greece, New York, Shannon Carpenter and her boyfriend John Grandberry were getting ready for the day when there was a knock at the door shortly after 8 a.m. At the door were six state parole officers who announced they were there to search the house. Grandberry was on parole after serving prison time for a “criminal possession of a weapon” conviction. Four officers entered the house. Carpenter switched on a phone-activated web camera, aimed at the bed and closet. The camera recorded video of parole officers searching the house, eventually finding $6,000 in cash that was kept in a pair of pink Timberland boots. Here’s what happened.

Following the discovery of the items, around 9:30 a.m., one of the parole officers, identified by Carpenter as Doris Hernandez, appears to type a message on her phone and hand the phone to her colleague, an unidentified male officer. He glances at it, hands it back to her, and they whisper inaudibly. The male officer then peeps out the door before turning back to Hernandez. “We can share the money…,” he said. “You’re right,” Hernandez replied, pointing a finger gun at the other officer. “As long as there’s enough money to go around,” he said.

The incident has since become the basis for pending litigation brought by Carpenter and, according to the Greece Police Department, an investigation by New York State Police. Hernandez has since been suspended with pay, according to the state Department of Corrections and Community Supervision, which oversees the Parole Division. Thomas Mailey, a spokesperson for the agency, did not give a reason for Hernandez’s leave and did not respond to a question sent via email of whether the unidentified male officer had been suspended. Meanwhile, the search put Grandberry back behind bars. He is being held on violating parole for possessing a weapon, a scale, and drugs, according to the Monroe County Jail Census.

While this search and seizure must meet the reasonableness requirements of the Fourth Amendment, the Supreme Court has applied a balancing test to weigh the potential intrusion on a parolee’s privacy against the governmental interest at stake. See Samson v. California, 547 U.S. 843, 848, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006); U.S. v. Knights, 534 U.S. 112, 118, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001). 

The Court has explained that parolees “do not enjoy ‘the absolute liberty to which every citizen is entitled, but only … conditional liberty properly dependent on observance of special [probation] restrictions.’ ” Griffin v. Wisconsin, 483 U.S. 868, 874, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987) (citing Morrissey v. Brewer, 408 U.S. 471, 480, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972)). 

Therefore, a parolee’s diminished expectation of privacy is justified by the state’s substantial interest in the supervision of its parolees and the prevention of recidivism. Samson, 547 U.S. at 850, 855, 126 S.Ct. 2193.

In 2019, in the case of Jessop v. Fresno, the U.S. Court of Appeals for the 9th Circuit Court decided that two police officers in Fresno, California, who allegedly stole more than $225,000 in assets while executing a search warrant, could not be sued over the incident. Though “the City Officers ought to have recognized that the alleged theft was morally wrong,” the unanimous 9th Circuit panel said, the officers “did not have clear notice that it violated the Fourth Amendment.”

We recognize that the allegation of any theft by police officers—most certainly the theft of over $225,000—is deeply disturbing. Whether that conduct violates the Fourth Amendment’s prohibition on unreasonable searches and seizures, however, would not “be ‘clear to a reasonable officer.’” 

The SCOTUS later declined to hear the case. As of now no Second Circuit opinions have cited Jessop. 

The 4th Circuit in the 2004 case of Mom’s Inc. v. Willman was the only prior federal circuit to address the issue of whether it was a 4th Amendment violation for law enforcement to steal items otherwise lawfully confiscated during a search. 

Here’s information regarding the lawsuit we just filed against West Virginia parole officers:

https://wvrecord.com/stories/639193739-another-lawsuit-filed-related-to-sexual-misconduct-of-state-parole-officers

Family Court Judge Impeachment UPDATE

Here’s the latest information I’ve received on the status of the impeachment proceedings in the West Virginia legislature, seeking to remove Family Court Judge Louise Goldston. Apparently, political pressure is being exerted behind-the-scenes. Additionally, an anonymous letter was sent to eight legislators set to vote on the impeachment. I can confirm that at least two of those legislators received it. I’m told that as of now, the impeachment is proceeding, beginning as early as Monday.

This is the anonymous letter received by multiple state legislators:

At this link you can find the contact information for each of these legislators, as well as all other members of the West Virginia House of Delegates.

Cop Taunts Shooting Victim’s Father

In Sherman, Texas, a police officer with the Paris Police Department – Officer Derek Belcher – was caught on video, including his own body cam, taunting the father of a young man who was shot by police several months earlier. The father was upset that his suicidal son was shot in the back by police officers, resulting in paralyzation. Apparently, the father had been expressing his displeasure with the Paris Police Department, including by “flipping” them off, which as I’ve discussed in prior videos, is a constitutionally protected activity under the First Amendment. Following the release of the footage, Officer Belcher was placed on administrative leave.

You can watch the body cam from the man’s son being shot here.

UPDATE: Family Court Judge Search Case – IMPEACHED?

Huge news this week. Apparently the West Virginia legislature has initiated impeachment proceedings against the family court judge we sued in federal court. More than that, the basis for the impeachment is actually the judge’s responses to my questions to her during her deposition in the civil lawsuit.

A West Virginia Family Court Judge is the subject of an impeachment resolution to be introduced by the WV House of Delegates on Monday following the commission of a warrantless search which violated, among other things, Constitutional rights of West Virginia citizens….

A March 1, 2021, deposition saw Goldston declare, under oath, “I don’t believe I violated the canons of ethics.”

When asked specifically whether she regretted physically entering Gibson’s home, Goldston responded, “Do I think I did anything wrong? No.”

https://www.lootpress.com/wv-family-court-judge-to-face-impeachment/

Watch the last update video:

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:

https://www.facebook.com/watch/?v=691942075763580

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.

$550,000 Verdict After 58 Year-old Woman Tased

Breaking news out of federal court in South Carolina, where a federal jury has just awarded a $550,000 verdict against a former Richland County Sheriff’s deputy, as well as the sheriff’s department itself.

Here are the relevant case documents, including the complaint, jury instructions, verdict form, as well as the full deposition transcript of one of the officers:

Lawsuit Filed in the Hillbilly Law Degree Case

Yesterday we filed a federal section 1983 civil rights lawsuit against the police officer featured in the “Hillbilly Law Degree” video posted back in October.

On January 10, 2021, my client, John, went to Walmart, during all the insanity that shall not be discussed. He was not committing any crime. He felt he was being treated unfairly. He was just trying to buy some products and was in the process of checking out. But Manager Karen at Walmart called the cops on him, reporting that he was refusing to wear a thing she wanted him to wear, and using some bad words. A police officer responded, and this is her body cam footage. If a non-crime was reported, usually they are investigating a potential trespassing situation. The problem with that is, many states, like West Virginia, only penalize trespassing where a customer was given the opportunity to leave, but refused. If the person even offers to leave, and the cop says, no you can’t leave, give me your ID or you’re going to jail, is that legal? 

This presents a common scenario where police officers attempt to manufacture a “stop and ID” law, where none exists:

There’s a dispute between a store and a customer. The store calls the police, reporting something that’s not a crime. The police show up to investigate the said non-crime. They demand ID. Now like many states, West Virginia does not have a “stop and ID” law. However, if they have reasonable suspicion a crime was committed, and that a particular individual committed that crime, they can perform an investigative detention which can involve forcibly obtaining an ID from a suspect. So what is the crime? Can the alleged crime of “trespassing” be used to detain and ID a shopper who has not been asked to leave the store, and who has not been given the opportunity, or even allowed, to leave the store by the responding police officer? 

Here’s the complaint:

Here’s the original video: