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:

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.

SWAT Raids Grandma’s Home Over iPhone App

Imagine your 77 year old grandmother sitting at home one day and an entire SWAT team shows up and raids her house, just because someone’s stolen iPhone supposedly pings at the location. No phone call, no knock and talk, no investigation at all. Just SWAT team. Well that happened. 

It was January 4, 2022. Ruby Johnson, 77 years old, a law-abiding citizen and grandmother, was alone at her home. She lives in a neighborhood called Montbello – considered to be one of Denver’s minority neighborhoods, located in northeast Denver, Colorado. Denver Police SWAT executed a search warrant at her home, looking for a stolen vehicle and guns, based entirely on Apple tracking software, “Find My iPhone.” They found nothing and achieved nothing but the contempt they earned from the victim, her family and others in the neighborhood. 

The day before the raid, a 2007 white Chevy truck with Texas license plates was stolen from a downtown Denver hotel parking garage. The driver rammed it through the gate and fled. Inside was $4,000 cash, two drones and an iPhone 11. Hours later, the hotel notified the guest who owned the truck and he began tracking the iPhone via the Find My iPhone app. The app supposedly led to Ruby Johnson’s home, before it disappeared. 

Based solely on that, the Denver Police Department obtained a search warrant. They chose not to conduct any surveillance or other investigation at the location. They didn’t even bother to drive by the house to see if the stolen truck was there. Or maybe even next door. Nor did they bother to even go perform one of their beloved “knock and talks” at the actual location where the phone pinged. Instead, they activated the SWAT team. Just to be safe, of course. It is a minority neighborhood, after all….

About a dozen Denver SWAT officers poured into the home. They sifted through boxes with the help of a K-9 unit. They used a battering ram to try to open the rear garage door. They broke down the attic door. They also cut the lock to her shed.

Officer Joe Montoya, the head stormtrooper, in an interview with channel 9 news, said officers researched the property and knew 77 year old Ruby Johnson lived at the home alone, which is why they used the “lowest threshold of aggression.” If this SWAT team, along with an armored vehicle, is their lowest threshold of aggression, I’d say their higher thresholds must involve those new-fangled exploding robots. Officer Montoya, like a good government trooper, was just following orders. They’re just doing what stormtroopers do. It’s up to prosecutors and judges to stop them. They have no minds of their own. Here’s what he said: 

“I’m not going to second guess the investigation,” he said. “The proper steps were taken. The place where that would have been questioned would have been the DA’s Office and the judge’s level. And they felt comfortable signing that warrant.”

So what about them? Denver Deputy District Attorney Ashley Beck and Judge Beth Faragher both approved the warrant. Kristin Wood, a spokesperson for Denver County Court, said: “Judge Faragher signed the search warrant because she found probable cause existed,” Wood wrote in an email. “If a judge did not find probable cause, he/she would not sign the search warrant.” Prosecutor Beck also would not directly comment. Instead, a spokesperson wrote in an email that the warrant passed legal muster: “I can tell you that our office is obligated to review every search warrant the Denver Police Department writes to ensure it is legally sufficient based on the facts to which the detective swears,” Carolyn Tyler wrote in an email. 

So, at least through their spokespersons, the officers blame the judge and prosecutor; the judge blames the prosecutor and officers, and the prosecutor blames the officers and the judge. This is perfectly representative of the efficiency and competency of your government. This is why the DMV runs so smoothly and is your favorite place to visit. 

It’s true though that there are two important things to look at when reviewing warrants:

  1. The information provided by law enforcement, under oath, to the judge reviewing the allegations for probable cause; and 
  2. Whether those allegations are sufficient to comprise probable cause for the issuance of the warrant. 

Looking at the actual search warrant application, completed by Detective Gary Staab, it appears that he relied solely on representations made to him by the owner of the stolen items and did absolutely nothing himself. He notes in the application to the judge that the owner told him that the iPhone pinged to the house and that he drove by the location in a rented vehicle, but that he did not see his stolen truck there. 

However, the application notes, theoretically, the stolen phone could be inside the closed garage at the residence. Also theoretically, which the detective notes in his copy and paste warrant, his vast experience tells him that stolen items can be removed from a stolen vehicle and theoretically placed in a garage. 

That’s pretty much it. He includes a copy of the owner’s Find My iPhone screenshot and his photos of the residence. The detective did nothing himself. Instead of actually going and knocking on the door, talking to people – you know, detective work – let’s just activate the SWAT team and bust down the door. It’s a black neighborhood, after all. Guns were stolen. Therefore we have black people with guns, potentially. Better bring the armored vehicle as well. Yes she’s a 77 year old grandmother with no criminal history. But you never know. Officers have to make it home that night. 

As officers searched her home, Ruby Johnson waited in the back seat of a police car. She told channel 9 news afterwards that the experience was traumatizing and led her to feel unsafe in the home she has lived in for about 40 years. “When I start thinking about it, tears start coming down,” she said. Ruby’s longtime friends have noticed a sadness they hadn’t seen in her before. They don’t see her smile anymore. 

Officer Joe Montoya, division chief of investigations with DPD, said the department did not intend to harm Johnson and regrets that the warrant caused suffering. 

“We can always apologize and I’d be willing to apologize that there was a warrant issued and evidence was not found there,” Montoya said. “That’s a given, but I don’t think there was anything done to intentionally traumatize her.”

They just don’t get it, do they? They chose to obtain a search warrant and send a SWAT team there. They knew that the only person who lived there was a 77 year old woman who was a law abiding citizen. Yet they sent a SWAT team there first, instead of treating the woman as Officer Montoya no doubt would want his own grandmother treated. They chose to traumatize her. Because they only think of themselves. Officer safety is the only thing that matters to them. 

By the way, the stolen truck was later recovered two days after the warrant was executed about six miles away in Aurora. The stolen guns were not in the truck, of course. No arrests have been made. 

The point here is, this is a prime example of the fact that police and government misconduct can happen to you, even if you’ve done nothing wrong. This was all done lawfully. Valid search warrant. Valid search. Innocent victim. Wrong house. No stolen items found. This will continue to happen because police officers are not held accountable for their actions. Prosecutors are not held accountable for their actions. And judges certainly aren’t held accountable for their actions. I can guarantee you these things would stop happening if qualified immunity was abolished. If prosecutorial absolute immunity was abolished. If judicial immunity was abolished. But as it is now, they just don’t care, because there are no consequences. The only thing we can do is expose what they’ve done. 

Officers Lose Their Trophies | They Chose Poorly…

In the Fall of 2020, David Craft, who then lived in Statesville, North Carolina, killed a monster buck in McDowell County, West Virginia, and also killed another trophy buck back in North Carolina, during the same season. David is a serious deer hunter. He does his homework; he puts in the time. He gets result. But others get jealous. Law enforcement ended up essentially stealing his antlers, posing with them for the media, dragging him through over a year of frivolous criminal prosecution, and then abruptly dropping the charging just prior to the jury trial, when it turned out they had no evidence.

Apparently accusations began to fly in early 2021. West Virginia wildlife officers, or DNR officers, from McDowell County completely ran with unfounded suspicions or allegations that David’s North Carolina buck was actually killed in West Virginia, which would be a violation due to the fact that he had already killed this monster trophy buck there, and you can’t kill two – just one. Then, while they’re at it, they for some reason conclude that the trophy monster buck must have been illegally killed somehow, either with a crossbow instead of a regular bow, or because it must have been killed on the jealous neighboring hunt club’s land. Either way, a bunch of bros in West Virginia, law enforcement included, wanted those antlers. So they dream up a story of some sinister plot to deprive McDowell County good ‘ole boys of their rightful trophy bucks, removing them to the undeserving state of North Carolina.

Why did they want them? To show them off of course. In 2022, no mere peasant can post trophy buck brag photos online – just law enforcement. A quick review of social media shows that wildlife officers in West Virginia have really gotten into this. 

Ultimately, the charges were dismissed, apparently due to a complete and total lack of evidence. A jury trial was set to occur on April 28, 2022. But on April 21, 2022, the prosecutor moved to dismiss all charges, which was granted by the Court. 

Looking back at the February 26, 2021 media report about David, let’s look at what they said back then. 

“Like a lot of things the investigation started with help from people in the community. That’s our greatest resource for information. We received information of possibly two bucks being taken illegally,” said Natural Resources Police Officer Jonathan Gills in McDowell County.” 

“According to Gills, once they learned the suspect was from North Carolina they reached out to officers with the North Carolina Wildlife Resources Commission.” “They were a HUGE help to us, said Gills. 

“Officers from the two agencies were able to come up with photographs and other physical evidence in the case which proved both bucks were killed in West Virginia. Turned out one of the bucks in question was actually checked in as being killed in North Carolina. Now, North Carolina investigators are closely watching the West Virginia case and the individual will likely face charges in his home state as well.” 

Gills said the evidence also showed both bucks were killed with a crossbow” and that “crossbows are not allowed in those four archery-only hunting counties unless the hunter has a Class Y hunting permit.”

Gills also told the media, “We’ve been sent a lot of photos and there are a lot of folks who are upset these deer were taken.” 

However, looking at the actual investigation report received in response to our FOIA request, they provided only a single grainy photo of a single deer, and it could be a great Bigfoot photo, looking almost photoshopped and inconclusive either way. Additionally, there is no mention of any involvement of North Carolina officers, other than the accompanying then to David’s house and then assisting them in seizing the antlers from the taxidermist. They didn’t appear to have provided any evidence at all against David, nor made any allegation that he had committed any crime. 

Thus the photographs and physical evidence Officer Gill claimed to possess, proving that both bucks were killed illegally in West Virginia, just didn’t exist. That was false. As the February, 2021 article goes on to say, this appears to have been more about local hunters, including law enforcement officers, trying to keep outsiders away from their deer. Officer Gill goes on to say in the article that the West Virginia legislature had recently drastically increased the so-called “replacement costs” for trophy bucks illegally killed. “Gills said it was a major weapon to deter poaching of big bucks in his county,” the article said.

“Our department was given a great asset with that. Basically, they’re stealing the deer. They’re stealing quality bucks from legitimate hunters; men, women, and kids who are trying to go out and enjoy the sport.” 

So, just because David was living in North Carolina, despite the fact that he bought a license, which mind you is way more expensive for an out-of-state hunter, he’s somehow not a “legitimate” hunter. He had a license, with which he killed one buck in West Virginia. He had a North Carolina license, with which he killed on buck in North Carolina. Both were properly checked in and all that rigamarole. This seems to have been more about hunters in one particular county protecting their trophy bucks from outsiders. 

The article ended, “So far, no court date for the suspect had been set.” Not surprisingly, there was never a follow-up article. They did no press release mentioning that they had to drop the charges and were forced to return both sets of antlers to David. But even when he got them back, the attached capes were ruined.

Here, they drug David through the mud and criminal prosecution for over a year. Then when it came time to present the evidence to a jury, they walked away. No apology, no compensation – just returned his damaged antlers. They got their photo-op. Officer Gills got to play with the antlers for a while, but he had to give them back. So that’s how this thing started.

Sounded great, right? The politicians probably loved it. The hunters back home probably loved it. But here’s how it’s going now. 

Also now, Officer Gills and Officer Damewood are going to have to answer for their actions in a section 1983 lawsuit. We have multiple constitutional violations that appear to have occurred here. I’ll provide an update with the details when the suit is filed. Wouldn’t it also be nice if the government would issue an updated press release about how this ended? If you just read the last one, it sounds like they got the bad guy and kept the antlers. If you just read the last one, David sounds like a real criminal. And the officers all sound like heroes. Let’s go ahead and set the record straight.

Update: Court Rules on Video Depositions and Youtube

This is a case where plain-clothed police officers snuck into my client’s house through a window, searched his house without a warrant or other legal justification, found nothing and left. But they got caught on hidden surveillance cameras. 

Long story short, there was no justification for their actions. No search warrant, no exigent circumstances and certainly no consent. Those are the only three justifications under the Fourth Amendment. As it turned out, the only purported reason they were there was to serve a civil summons, as the landlord had begun eviction proceedings due to late rent payments. That provided no justification to enter or search the home. The matter had not gone to court yet. There was no eviction order. The officers were investigated and disciplined. The only excuse given was that they didn’t read the paperwork, and thought there was an eviction order, and figured that since they’re a drug task force, they’d search for drugs while they were at it. We filed a federal Section 1983 suit for Fourth Amendment violations and are currently set for trial early next year.

The last update was about the video depositions in the case. I took the video depositions of the officers from the video. They all pled the Fifth Amendment. Supposedly the FBI is investigating them. It’s pretty clear now after having exchanged discovery and taken almost all the depositions, that this is the story of a drug task force unit designed to use so-called “knock and talk” investigations in lieu of the more-conventional and old-fashioned search warrant procedures.

The video depositions were pretty dramatic. The lawyers for the officers filed a motion for a protective order with the federal court, asking the Court to prohibit me from uploading the video deposition footage to Youtube. They claimed that exposing the sworn testimony of the police officers to the public endangered officer safety and prejudiced the in the eyes of potential future jurors. 

A few days ago, the Court ruled, granting them a protective order during the pendency of the case. Then, when the case is over, I have to request the Court to vacate the protective order. But as the Court noted, a few things could happen in the meantime that could moot the issue, such as a settlement agreement, or the video depositions becoming public record, which they ultimately will in the very near future. Here’s the order:

The Court stated: 

“[T]he Court currently is not in a position to determine whether the protective order should terminate upon adjudication of the case, as that determination depends upon factors not yet known. The issue may become moot, as it is possible that the parties will agree not to publish the videotaped depositions as part of a compromise and settlement. The depositions may also become part of the public record, creating a presumption of public access which would significantly alter the Court’s analysis of the protective order .”

The Court further held that the protective order was not an unconstitutional prior restraint on free speech. The Court noted that: 

“The Supreme Court explicitly stated that a protective order supported by good cause and limited to pretrial civil discovery, without restricting dissemination of information found in other sources, does not offend the First Amendment.”

The Court also denied the defendants’ request for attorney fees, finding that my actions were “substantially justified.” 

As I warned them from the very beginning, trying to suppress this is only going to draw more attention to it. Even if I personally am restricting from uploading the footage to my Youtube channel, what about third parties? Restricting me from using the footage is only going to cause third parties to obtain everything that becomes public record and use it. The coverup is always worse than the original crime. The coverup itself becomes the story. 

Cops Caught Snooping in Backyard Looking for AirPods | Is That Legal?

It’s August 19, 2022. Imagine a woman is at home, in a quiet neighborhood in Bay County, Florida. Unbeknownst to her, someone’s air pods went missing. For some reason – and I’ve been seeing a lot of this lately – the cops believe they could be located in her home. That’s probably because a stranger shows up first, claiming his missing air pods were pinging from inside the house. The woman doesn’t answer the door, because he’s a stranger. A little while later, the cops show up with no warrant, and do what creepy cops do, which is search without a warrant. They go into the woman’s backyard. One stands outside the bedroom window of her 15 year old son, like some sort of law enforcement pepping tom. 

There was apparently no warrant here. But the cops didn’t go inside the home. Does that matter? For the too-long-won’t-watch types, I’ll save you some time and let you get back to your funny animal videos. Cops need a warrant, even in your backyard, with only a couple limited exceptions – none of which appear applicable here. You’re free to go. For the rest of you, let me explain.

According to the 1984 Supreme Court opinion in Oliver v. United States, the heightened Fourth Amendment protections of the home extend beyond just the interior of the home itself into what’s called the “curtilage” of the home, which is the land immediately surrounding and associated with the home. Why? Because according to the Supreme Court, the curtilage is considered part of the home itself for Fourth Amendment purposes. 

In the 2013 Supreme Court opinion of Florida v. Jardines, the Court held that a search undoubtedly occurs when the government, without a warrant, obtains information by physically intruding within the curtilage of a house, which in that actual case involved a home’s front porch. The Court cautioned that a search occurs unless a homeowner has explicitly or implicitly sanctioned the government’s physical intrusion into the constitutionally protected area, i.e., the yard and/or porch of the home.

Under the “knock and talk” exception to the warrant requirement, a police officer not armed with a warrant may approach a home and knock, precisely because that is “no more than any private citizen might do.”

This means there is an “implicit license . . . to approach the home by the front path, knock promptly, wait briefly to be received, and then (absent invitation to linger longer) leave.” An officer may also bypass the front door (or another entry point usually used by visitors) when circumstances reasonably indicate that the officer might find the homeowner elsewhere on the property. “Critically, however, the right to knock and talk does not entail a right to conduct a general investigation of the home’s curtilage.”

The 11th Circuit, which applies to Florida specifically, warned police officers in the case of U.S. v. Maxi in 2018 that their right to go up to a citizen’s front door on a knock and talk, does not include inviting armed me into the homeowner’s yard to “launch a raid” or “conduct a search.”

The only possible justification for this behavior would be circumstances of “hot pursuit.”  Under the hot pursuit doctrine, police officers may enter premises without a warrant when they are in hot pursuit of a fleeing suspect. A “hot pursuit means some sort of chase. The Supreme Court has indicated that a claim of hot pursuit is “unconvincing” where there was “no immediate and continuous pursuit of the petitioner from the scene of a crime. See United States v. Fuller (11th Cir. 2014).

That clearly does not appear to be the case here. Even assuming airpods actually went missing, and even assuming someone claims that they pinged to this location; and even assuming they did in fact ping to this location, that doesn’t change the legal analysis. When it comes to a home, which includes the curtilage around the home, a warrant is required. Or consent. Or exigent circumstances, which in the case would have to be a subcategory of exigent circumstances – hot pursuit. That in turn requires probable cause that some crime was committed and that an individual they pursued into the house may have committed that crime. 

I see no indication of any pursuit or chase whatsoever – certainly not one that is also immediate and continuous, all the way from some crime scene. All they have as far as justification goes is their right to knock and talk. Cops have been abusing knock and talks for years. On a knock and talk, they are merely authorized to act as a little girl selling girl scout cookies would do. As I explained in a previous video about this, police have an implied license, just like anyone, to come knock on your door and talk to you. 

My prior video on what you need to know about “knock and talks” and related law:

But you can revoke that implied license by asking them to leave, or even putting up no trespassing signs, or “no cops allowed signs.” They won’t inform you that you don’t have to talk to them and can ask them to leave. But you can. But they won’t tell you – because they want you to think that you have no choice but to interact with them and answer their questions. Know your rights. Tell them to leave, and to go pound sand, if that’s what you want. 

Something I learned in my years of criminal defense practice. Generally speaking, the cops want to talk with you because they have no evidence against you. They are required by law to have evidence in order to get a search warrant, or an arrest warrant. They need you to provide that for them. Any time you’re tempted to provide this for them, think of a taxidermy fish on the wall, mounted with a plaque that reads, “if I had only kept my mouth shut.”

Cops Caught Covering or Disabling Surveillance Cameras | Is that Legal?

Two days ago, I took the deposition of two police officers in a civil federal rights lawsuit (section 1983 case) involving an allegation that my client’s exterior home surveillance camera was disabled by the officers. They both pled the Fifth Amendment. Here’s a photo of the actual disabled camera:

This is from the “Creepy Cops Search Case,” which if you’ve been following my work, you’re well-aware-of. But what about situations where they don’t destroy anything, but just cover or move the camera?

I came across some recent unrelated footage of police officers covering, concealing, or otherwise redirecting, a home’s surveillance cameras. When this hit the interwebs, it of course immediately sparked discussion. Police officers defended the footage, claiming officer safety reasons to do this, with some claiming that they always do this as a matter of policy. Is this legal? Is this a Fourth Amendment violation? Is it a First Amendment violation? Is this a crime?

There are a few issues with this. Are we talking about doing this pursuant to the execution of a search warrant for the subject residence. And if so, does the search warrant specifically authorize the seizure of surveillance cameras themselves, rather than the footage?

“Creepy Search Cops” Ask Federal Court to Restrict My YouTube Channel

I know that many people are following my progress in the Creepy Cops Search Case out of Putnam County, West Virginia, where drug task force police officers were caught on camera illegally searching my client’s house. That apparently includes those officers and their lawyers in the pending federal civil rights lawsuit. This is the most recent update about the case:

On Friday, the defendant officers’ lawyers filed a motion completely centered on my Youtube channel, requesting an order prohibiting me from ever publishing video deposition testimony of those police officers. Basically they’re requesting court approval for a coverup. Now, important First Amendment issues are implicated. Police already have qualified immunity. The one remedy given to us by Congress it to sue them. Now they want to turn that process into something akin to Family Court or abuse and neglect proceedings, where government gets to operate in secrecy and without accountability and exposure. Here’s the motion they filed:

Here are their attached exhibits:

The video depositions in the Creepy Cops Search Case haven’t even been taken yet. They’re actually scheduled to be taken in a few days. I already agreed to postpone them several times already at their request, because they were concerned that the FBI was investigating them. So I gave them time to evaluate their situation and hire or consult criminal defense attorneys before they testified. Now, they want to testify essentially in secret. Why? Because posting their video testimony allegedly puts them in danger. They went through the prior videos I published on this situation and cherry picked the craziest ones they could find, and presented them to the Court as the basis for why I should be forever silenced from exposing their misconduct. 

At the end of every video I tell you that freedom is scary. Why? Why is it scary? Fear is the tool that tyrants use to subject us and take away our freedoms. Over and over again. From the beginning of recorded history to the present. Of course police officers in America, if given the choice, would choose to operate in secrecy. They don’t want to be recorded. They don’t want to give you their names – they just want yours. 

Cops Trespass on Private Property and Demand ID For Imaginary Crime

In the early morning hours of October 12, 2021, Corey Jones got up early to work on some property improvements at his home, clearing brush around his acreage. He got out there early because he had to take his kids to school. Since it was still dark out, he used a headlamp. Unbeknownst to him at the time, the horse-owning Karen next door called 911 on him, complaining that she saw a guy in the woods on her neighbor’s property. She did this despite the fact that she had no idea who her neighbor was. Officers from the Pope County, Arkansas, Sherriff’s Department arrive, listen to her explanation, and then trespass onto Corey’s property, confronting him, and then arresting him. Everything that happens here is outrageous. But also instructive. Corey is a subscriber to my channel, and has graciously allowed me to share what happened.

When the officers arrive – this is Sgt. Damon McMillan and Deputy Hayden Saffold, both of the Pope County Sheriff’s Department – the Karen again tells them same story. Of particular importance here is the fact that she clearly does not allege that Corey trespassed onto her property. She’s claiming that she was subjectively scared of someone she saw on someone else’s property, which in fact was the property owner. She admittedly has no idea who owns the property. She makes no allegation of any crime, other than expressing her own fear of nothing. 

Now the officer notices Corey on his property. He now becomes the one trespassing, as he confronts Corey. Of course, he’s got to have that ID – like an addict. Does he care that he’s on private property and has no idea who the owner is? Of course not.

Corey ends up being arrested for violation of § 5-54-102. Obstructing governmental operations, which provides that:

(a) A person commits the offense of obstructing governmental operations if the person:

(1) Knowingly obstructs, impairs, or hinders the performance of any governmental function;

The Arkansas courts have defined “governmental function as “any activity which a public servant is legally authorized to undertake on behalf of any governmental unit he serves.”

Thus the Arkansas obstruction statute does not specifically provide a mandatory requirement to provide ID to a police officer. Rather, it criminalizes the providing of a false ID to an officer. However, it does criminalize “obstructing” any activity which a public servant is “legally authorized to undertake…”

Arkansas Rule of Criminal Procedure 3.1 provides that:

A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct….

Thus it appears that the officers in Arkansas may detain individuals if they suspect that individual committed a felony or certain dangerous or damaging misdemeanors. It would be a stretch to even include trespassing into that category – especially where they have no complaint from the owner of the property, and are actually themselves trespassing and confronting the actual property owner. 

The footage was very clear that the property owner, who did identify himself as owning the property, expressed that they were not welcome. I really don’t see any basis for the officers having a reasonable suspicion of any crime having been committed here. Nor does it appear that if they had such suspicion of simple trespassing, that their actions would have been justified. 

The officers are clearly worried about ending up on Youtube or in the media, as well as the fact that they suspect Corey of being anti-police, which is ironic under the circumstances. A solid case could be made here that what they actually are doing is retaliating against Corey, in violation of his First Amendment rights. 

Sadly, part of the story here is what happened afterwards. I’d like to tell you that the charges were dismissed. But apparently Corey ended up being convicted of the obstruction charge. On what basis? I really don’t know. But I do know that the judge who convicted him, I’m told, was Judge Don Bourne of Pope County, Arkansas. 

A little over a week ago, our old friends KARK in Little Rock reported that the Arkansas Supreme Court officially suspended Judge Don Bourne without pay for ethical violations, including mistreating litigants in her courtroom and failing to appoint lawyers for criminal defendants. Basically, for running a kangaroo court. I also found this gem, where KARK showed footage of Judge Bourne threatening a defendant with prison rape, among other things. It was only a two week suspension, but thankfully, after his term expires in 2024, he will never again be allowed to serve as a judge in Arkansas. Why even allow him to remain at all? 

Hopefully an Arkansas lawyer can swoop in and save the day here. I wish I could help, and I’d be happy to, to the extent that I can. But I’m not an Arkansas lawyer. Perhaps there’s more to the story, I don’t know, but the footage shows what the footage shows. I trust in the footage. And I really feel bad for Corey Jones. He was mistreated by his government – by a couple of tyrant thugs, egged on by a despicable Karen. I’d love to see a civil lawsuit here. Usually, however, you have to win on the underlying criminal charges – which is probably why Officer King George, III is pushing them. He wants to know why anyone would be anti-government or anti-police? Because of swamp creatures like you.

A few weeks ago I posted the video of my clients in McDowell County, West Virginia encountering a similar type of tyranny within the curtilage of their home. The point was, you can’t be on my curtilage without my consent and demand an ID – even if you have reasonable suspicion. Here, however, it looks like we’re not dealing with curtilage, but rather what the courts call “open fields.” Generally, unfortunately, there are no federal Fourth Amendment property protections for open fields. The line between a home’s curtilage and the adjacent open fields can sometimes be a grey area. 

However, that doesn’t mean that state trespassing and criminal procedure laws aren’t applicable. I see no Arkansas law that allows police officers to trespass on your private property against your consent and demand your ID to ascertain whether you are trespassing on your own property. Quite the opposite. 

Federal Fourth Amendment protections will always apply to the person. Federal law prohibits an investigative detention – i.e., give me your ID or I’ll arrest you – in the absence of reasonable suspicion. The Karen neighbor alleged to crime that was committed. She alleged only her objectively unreasonable and irrational fears. There was no allegation of trespassing. A police officer’s own irrational subjectively unreasonable fear that someone theoretically could be trespassing on a particular property, without more, cannot be valid reasonable suspicion. Especially under these circumstances. 

Cop Busts Down Door For Chess Set

A federal lawsuit was filed in Atlanta, where body cam footage shows Clayton County Police Officer Gregory Tillman breaking down a woman’s door and slamming her to the ground after she refused to give a chess set back to a man who had moved out. All of this happened in front of the woman’s son.

According to news reports, this involved her friend’s ex-boyfriend, who showed up claiming that he had left some items there, including a remote control and a chess set. He called 911 after she refused to let him inside her home. She believed that the man had previously been arrested on domestic violence related charges involving her friend. 

The newly-released boy cam footage shows the officer banging down the door, shouting, and then using force against the homeowner. Her son was home at the time of the attack and is heard on the body cam video pleading with the officer: ‘Hey, sir. My mom got health problems, sir.’ The video shows the officer kicking the homeowner’s legs fro under her, forcing her to fall to the floor, while the officer attempted to handcuff her. 

Original Video:

Ultimately the officer was disciplined. The county’s oversight board first voted to terminate Officer Tillman. But then, they changed their mind and voted to give him a three-day suspension, with additional training. 

The original incident happened in 2019. However, it just hit the news in the past day or so. So I looked up the pending case on pacer and pulled a couple of the case documents. It looks like qualified immunity was denied to Officer Tillman by the U.S. District Court for the Northern District of Georgia, and now the officer is appealing, begging the Circuit Court for his qualified immunity. 

I pulled the Amended Complaint which revealed a few more details. Apparently the guy told 911 that he had been “staying” at the residence. Upon the officer’s arrival, the homeowner told Tillman that the man was no longer welcome in her home, and that his belongings had been removed the day before. An argument between Officer Tillman and the homeowner ensued. She asked for his name and badge number. He refused to tell her. At her request, the homeowner’s son called for a supervisor. 

Officer Tillman then is alleged to have informed the guy trying to get inside the home that, he could come and go as he pleased, until properly evicted from the house. The homeowner then announced that she was closing her door until the supervisor arrived. Instead however, without saying a word, Officer Tillman pushed with his shoulder to prevent the door from being closed. She did manage to get it closed. 

Suddenly, Officer Tillman used his shoulder to break down the home’s front door out of its frame, forcibly entering the home. He grabbed the homeowner, wrenched both of her arms behind her body, and swept her legs to the ground. He then placed a knee on her back and roughly handcuffed her. 

After the supervisor arrived, the handcuffs were removed and the homeowner was treated by EMS. Then she was cited on charges of misdemeanor obstruction and criminal trespass, which were later dismissed. 

After the supervisor arrived, he informed the guy trying to get in that he couldn’t get inside without a court order. When the supervisor asked Officer Tillman why he knocked down the door, Tillman responded, “because we had the charge of criminal trespass” and because “he feared for his safety” because he “didn’t know what was behind the door.”

An internal investigation by the agency found that Officer Tillman lacked probable cause to arrest or charge the homeowner, and that she was within her right to refuse entry to both the officer and the guy looking for his remote control and chess set. 

As we’ve discussed many times before, law enforcement entries into our castles are presumptively unconstitutional. The only two exceptions are valid consent and exigent circumstances. He clearly didn’t have consent. Nor was there any exigent circumstances, as the Court pointed out in the order denying the officer qualified immunity, which I’ll post up at the blog post on this. So there’s a clear-cut Fourth Amendment violation for the entry. Then you can add another one for the arrest inside the home – both because it lacked probable cause and because it occurred in the absence of an arrest warrant. Even with probable cause, an officer still must have an arrest warrant to arrest someone inside their home. 

Was there also an excessive force violation? As the Court pointed out in its order, Officer Tillman’s claim that the homeowner posed a threat to him is “unpersuasive.” Frankly, this is a pretty easy one, too. He busted down her door and attacked her. She just wanted to be left alone. He had no probable cause to believe that she had committed any crime. While there’s always a possibility that any homeowner could be armed behind their front door, that’s ever the more reason to not burglarize their homes. 

Order denying qualified immunity: