Tag Archives: law of search and seizure

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.

Cops Tased Autistic Son – After Making Him Participate in Father’s Arrest! (then lied about it)

Posted on by
Reply

A Peruvian family who resides in Bradenton, Florida, was pulled over by the Holmes Beach Police Department after an automated license plate reader flagged the vehicle’s plate as possibly being driven by someone without a valid license. The driver was Orlando Diaz, who spoke very little English. The officer asked his son, who is autistic, to translate. The officer then proceeded to have the son translate to his father that he was under arrest, rather than being given a citation. The son became quickly and visibly upset after seeing his father being placed in handcuffs. Shortly afterwards, the father would be thrown on the ground and the autistic son, Francisco Diaz, would also be thrown on the ground and tased several times.

Here’s the family’s GoFundMe:

https://www.gofundme.com/f/uwfz6-justice-for-francisco-diaz-help-us-fight

Ignorant Cops Harass Veteran Over Cardboard Sign | Enforce Law Held Unconstitutional in 2019!

Posted on by
Reply

Cops in Little Rock, Arkansas harass a veteran holding a cardboard sign that reads, “God Bless Our Homeless Vets.” The veteran happens to be Jeff Gray, a YouTuber and legendary First Amendment activist. Like moths to the flame….

Here’s the 8th Circuit case discussed in the video.

Rodgers v. Bryant, 942 F.3d 451 (8th Cir. 2019)

Here is Jeff Gray’s Youtube Channel: https://www.youtube.com/@HONORYOUROATH/

Millionaire Bicyclist Attempts Citizen’s Arrest of Young Driver for Getting “Too Close”

Posted on by
Reply

In Park City, Utah, a 73 year old bicyclist named Gary Peacock followed a 22 year old driver into a park. Claiming the young driver drove “too close” to him, as Peacock was riding his bike in the road, Peacock forcibly held the young man in his car, refusing to allow him to leave, as he called the police. The 22 year old, Pierce Kempton, uploaded the video to social media and it went viral. I spoke with him and got the full story.

Here’s the citation that was issued to Pierce:

This is the Utah statute that Pierce was initially charged with:

Here’s Pierce’s website, with links to his social media.

UPDATE 10/20/24 – Bodycam Released!

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:

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.

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.

Were Tyreek Hill’s Rights Violated? | Full Legal Breakdown

Posted on by
Reply

Police in Miami have released bodycam footage of the stop of Miami Dolphins wide receiver, Tyreek Hill, who was pulled over for speeding on Sunday. He was very quickly pulled out of his car and handcuffed, face down on the asphalt. After about 20 minutes, he was released with citations for careless driving and not wearing a seatbelt. The incident has ignited debate regarding the constitutional limitations placed on police officers under the circumstances. Were his rights violated?

Cop Enters Home, Arrests Mom, After Neighbor’s Noise Complaint

Posted on by
Reply

In Riverside, California, a police officer shows up at a woman’s home after a neighbor made a noise complaint. Initially a juvenile inside the home opened the door, and then quickly closed it after seeing the officer. The officer then begins to barge in. But he’s confronted by the mom, who demands that he leave. Instead, the officer defies the Fourth Amendment, enters the home and arrests the mom, all without a warrant.

Media Report here.

US v. George (9th Circuit 1989)