“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:

Hotel SWAT Team Raids Customer’s Room and Searches for Firearms

Ben was in Las Vegas for DEFCON, the world’s largest annual hacker convention. Ben’s day job is in the field of cybersecurity. He was staying at the Paris Las Vegas Hotel. Around 11pm on Sunday, August 14, he’s startled out of a sleep, in his dark hotel room. There’s pounding on the door. He walks to the peep hole in his underwear, peers through and sees what appears to be armed law enforcement in tactical gear. 

He’s ordered out of the room, in his underwear. They then search his room for firearms. They’re not law enforcement, but rather the hotel’s “Special Response Team.” They refuse to explain the basis for their belief that Ben has firearms in his room. In addition to working in cybersecurity, Ben is also involved in the firearms community, and operates the Open Source Ordinance Youtube channel, where he posted the originals of these videos. Here’s the main video:

Here’s the second one:

Many people know the basic rule that constitutional rights can only be violated by government officials, and that therefore they don’t protect us from private actors. At first blush, this seems to be the case here. Despite their appearance, these were private security guards. There may be Nevada state law protections at play, but it’s difficult to implicate federal civil rights protections. That would require a bit of legal gymnastics. But the more I research this, after having watched this footage, I think there are some possibilities. 

There are actually quite a few cases out there discussing private hotel security and constitutional rights. Many of these arise out of criminal cases. There are actually cases where federal courts have attributed state action, and Fourth Amendment violations, to private hotel security. However, these cases involve the question of suppressing evidence in criminal cases. Basically, if private security searches a hotel room, then police arrive, there may be a sufficient connection to establish state action by the private security. There was actually a Las Vegas casino found liable for Section 1983 violations in a Ninth Circuit opinion, where they had a system of working with the police in issuing citations, performing certain law enforcement functions. That was Tsao v. Desert Palace, Inc., from 2012.

In the last few years, with concern over active shooters, certain hotels in Las Vegas have apparently formed their own SWAT teams, so as to provide what is essentially a faster law enforcement response. There may be facts there, depending on the level of interaction between the hotels and local law enforcement, to show a similar system of privatization of law enforcement. Where that’s the case, government shouldn’t be allowed to avoid Section 1983 liability by merely delegating their law enforcement functions to private corporations. So there may be a theory of liability there. 

Another possibility, the thought of which is fueled by the speculation here regarding the source of the hotel’s belief that Ben had firearms in his room, is that perhaps the federal government is indeed compiling, maintaining, and sharing information about the firearms community with private corporations responsible for site security. We don’t know if that was the case here, but can we really take anything off the table at this point? If that were true, that could be another potential basis for federal civil rights liability. 

I suspect we will be seeing more of this type of activity in the future, just as we’ve been seeing troubling behavior out of the ATF, as well as the FBI. Instead of a social credit score, perhaps they have a firearms community score. Do you have access to machine guns? Well, you may have a great credit rating. 

Officers Show at 2AM to “Flex” on Homeowners

You’re home asleep in your bed. It’s two in the morning. Your significant other is asleep next to you. Your child is asleep in the next room. Suddenly, you hear shouting outside. Three armed police officers are outside your house, shining lights, shouting at you to exit your home. You’ve done nothing wrong. You’re afraid. You comply with their orders, because they’re the police. There’s three of them, armed with the authority of the government. So you go outside. They order you onto the ground. They place you in handcuffs. Once in custody, you recognize one of the officers. As it turns out, he’s there to intimidate you. And also ask about your puppies. 

This happened on August 2, 2020 at the residence of Shane Glover, who was there with his girlfriend and their sleeping child, as reported by the Post and Courier newspaper. These officers showed up to Shane Glover’s home after Glover had attempted to talk to Officer Jermaine Smith earlier that day, about inappropriate comments Smith had made about Glover’s girlfriend. Prior to approaching Officer Smith, Glover called 911, telling dispatchers that “he knew Smith was a police officer and that he did not want anything bad to happen to him when he approached Smith to talk. But Smith drove off before Glover was able to make contact with him. Just hours later, Officer Smith and two of his buddies would show up to Glover’s house and force him out of his home at gunpoint.

Officer Smith can be heard on the video asking Glover, who is now standing outside in his underwear, if he was “making threats.” This is referencing Glover’s attempt to confront him earlier in the day. Glover denies making any threats. Smith says, “it’s all recorded” and “they say you were looking for me.” One of the other officers says, “You’ve got to expect consequences.” The officers eventually uncuffed Glover and his girlfriend and left the property. They were not charged with any crimes. The officers weren’t even in their jurisdictions. The Orangeburg County Sherriff’s Office has jurisdiction over the area. But they were never contacted for assistance. They actually asked the South Carolina Law Enforcement Division (“SLED”) to investigate this incident. An investigation was opened, and is apparently still pending. 

As I’ve explained many, many times, at this point, a man’s home is his castle. It doesn’t have to be a brick home. It can be a single-wide trailer, an apartment, or even a hotel room. The police cannot arrest you in your home without an arrest warrant. They cannot arrest you in someone else’s home without a search warrant. Any entry, or violation into the sanctity of a home is presumptively unconstitutional, as explained in the 1967 Supreme Court opinion in Katz v. United States. There are only two valid exceptions: consent and exigent circumstances. Consent is explained in the 1973 Supreme Court opinion in Schneckloth v. Bustamonte. Exigent circumstances is detailed in the 2006 Supreme Court opinion in Brigham City v. Stuart.

Even assuming a threat was made earlier in the day, as Mr. Bamberg correctly explained, the proper response to that would have been to seek a warrant from a judge. Police officers do not get to be judge, jury, and executioner. There was no warrant here, thus, it’s irrelevant whether a threat had been made. Even if it had, that pales in comparison to what happened here, which was essentially a kidnapping at gunpoint, among other things. 

Cops at Your Door: What They Don’t Want You to Know

You may have seen the video I posted last week of police harassing private citizens on their own front porch here in West Virginia. This sort of behavior happens all the time: cops show up to a private residence, they knock on the door. What are your rights in that situation? What rights to the police have to do what they’re doing? Let’s make some things clear. 

For instance, in the McDowell County video I just posted, the officer can be heard multiple times in the body cam footage, claiming that he had reasonable suspicion to justify his behavior, based on the fact that he found what he believed to be four marijuana plants near the home. Based on that, the officer demanded the name and birthdate of the property owner, who was standing on the porch. 

Can police officers, assuming they have reasonable suspicion to believe that a crime was committed, and the property owner on the front porch may have committed it, demand identification under penalty of arrest for obstruction for noncompliance? That’s what ended up happening, of course, as you’ll see if you watch the footage of what happened to Jason Tartt. 

The too-long-didn’t-watch answer is no. If police officers are on your private property, that changes things. Cops are trained on the requirement for reasonable suspicion – to develop some reasonable suspicion they can articulate, even if total B.S., and then that entitles them to forcibly demand identification from whomever they deem a suspect. That is generally how things work in public places – but not on private property, especially a home. 

Let’s look at this scenario of police on your front porch and make sure we’re all on the same page about what the law is, and what the law is not, for both police and the occupants of private property. 

According to the 1980 Supreme Court opinion in Payton v. New York, in order to legally arrest someone in a home, rather than in a public place, absent consent or exigent circumstances, police officers must have a warrant. 

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. The Fourth Circuit, where the porch video occurred, just in 2015 issued an opinion holding that a warrantless search of curtilage is presumed to be unreasonable. (Covey v. Assessor of Ohio County).

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.

Some of these broad Supreme Court holdings have been interpreted in slightly different ways in different federal appellate circuits. The porch video from last week was from West Virginia, which is in the Fourth Circuit.

The Fourth Circuit made clear as early as 2001 that police officers will be denied qualified immunity for failing to comprehend that they have no right to enter a home’s curtilage to make an investigation based on reasonable suspicion. (Rogers v. Pendleton). They have no “right.” All they can do is engage in what’s called a “knock and talk.” This is the scenario in the large majority of these front door encounters with police. 

That’s right… Police officers in the Fourth Circuit were cautioned in 2001 that they would be denied qualified immunity for ignorantly believing the existence of reasonable suspicion allowed the to enter and remain in a homeowner’s curtilage without consent of the homeowner. Yet it seems that it’s still being taught to officers, and being used to arrest people. 

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 obvious difference between a police officer and a young girl selling girl scout cookies, is that many, if not most, homeowners have no idea whether they have any right to refuse to answer the door, or to ask the person to leave. Police like it this way. They don’t inform people of these rights, and the courts have ruled that they have no legal obligation to do so. You have to inform yourself and spread the word. 

Police officers, and anyone else really, have an implied license to come onto your property and knock on your door. This implied license can be revoked. Homeowners can prevent ordinary citizens and police officers alike from conducting a knock and talk by revoking their implied license to be there. However, few citizens know that an implied license exists. Generally, the courts require that a homeowner do so by clear demonstrations or express orders. For instance, asking someone to leave or refusing to answer questions. 

What about no trespassing signs? This is a topic of dispute, and can vary by federal circuit. The Tenth Circuit had a particularly bad opinion on this in the Carloss case, which resulted in one law professor creating “LAWn” signs providing notice to the police that their implied license to perform a knock and talk at the address is revoked. No trespassing can be ambiguous. One could certainly be more specific and avoid the grey area. Of course, another option is verbally telling the police that they’re not welcome and ask them to leave. That’s hard for a lot of people to do. Police know this and use it against you. 

Back to the McDowell County porch case, the officer thought he was smart saying he had reasonable suspicion, and now you have to provide identification or else get arrested for obstruction. But his own footage dooms his defense. He’s well inside private property. The homeowners have clearly expressed that they were afraid of him, asking for his name, which he refused. He arrested their landlord by physically seizing him on the front porch, well within the home’s curtilage, without probable cause and a warrant. The video disproves any later claim of exigent circumstances. More than that – I haven’t shown this footage yet – but he then radioes his superiors on the drive to jail – telling them repeatedly what he had done. There is obviously either a policy of civil rights violations in this department, or systematic ignorance, or both. 

Police Officers Indicted for Death of Breonna Taylor

The U.S. DOJ announced in a press release today that police officers involved in the Kentucky shooting death of Breonna Taylor have been charged with federal felony civil rights violations. A federal grand jury in Louisville, Kentucky, returned two indictments that were unsealed today, and the Department of Justice filed a third charging document today, in connection with an investigation into the circumstances surrounding the death of Breonna Taylor, a 26-year-old woman who was shot and killed in her Louisville home on March 13, 2020, by police officers executing a search warrant.

“The Justice Department has charged four current and former Louisville Metro Police Department officers with federal crimes related to Breonna Taylor’s death,” said Attorney General Merrick B. Garland. “Among other things, the federal charges announced today allege that members of LMPD’s Place-Based Investigations Unit falsified the affidavit used to obtain the search warrant of Ms. Taylor’s home, that this act violated federal civil rights laws, and that those violations resulted in Ms. Taylor’s death.

“On March 13, 2020, Breonna Taylor should have awakened in her home as usual, but tragically she did not,” said Assistant Attorney General Kristen Clarke. “Since the founding of our nation, the Bill of Rights to the United States Constitution has guaranteed that all people have a right to be secure in their homes, free from false warrants, unreasonable searches and the use of unjustifiable and excessive force by the police. 

The first indictment charges former Louisville Metro Police Department (LMPD) Detective Joshua Jaynes, 40, and current LMPD Sergeant Kyle Meany, 35, with federal civil rights and obstruction offenses for their roles in preparing and approving a false search warrant affidavit that resulted in Taylor’s death. The second indictment charges former LMPD Detective Brett Hankison, 46, with civil rights offenses for firing his service weapon into Taylor’s apartment through a covered window and covered glass door. The third charging document — an information filed by the Department of Justice — charges LMPD Detective Kelly Goodlett with conspiring with Jaynes to falsify the search warrant for Taylor’s home and to cover up their actions afterward.

The first indictment — charging Jaynes and Meany in connection with the allegedly false warrant — contains four counts. Count One charges that Jaynes and Meany, while acting in their official capacities as officers, willfully deprived Taylor of her constitutional rights by drafting and approving a false affidavit to obtain a search warrant for Taylor’s home. The indictment alleges that Jaynes and Meany knew that the affidavit contained false and misleading statements, omitted material facts, relied on stale information, and was not supported by probable cause.  The indictment also alleges that Jaynes and Meany knew that the execution of the search warrant would be carried out by armed LMPD officers, and could create a dangerous situation both for those officers and for anyone who happened to be in Taylor’s home. According to the charges, the officers tasked with executing the warrant were not involved in drafting the warrant affidavit and were not aware that it was false. This count alleges that the offense resulted in Taylor’s death.

Count Two charges Jaynes with conspiracy, for agreeing with another detective to cover up the false warrant affidavit after Taylor’s death by drafting a false investigative letter and making false statements to criminal investigators. Count Three charges Jaynes with falsifying a report with the intent to impede a criminal investigation into Taylor’s death. Count Four charges Meany with making a false statement to federal investigators. 

The second indictment —against Hankison — includes two civil rights charges alleging that Hankison willfully used unconstitutionally excessive force, while acting in his official capacity as an officer, when he fired his service weapon into Taylor’s apartment through a covered window and covered glass door. Count One charges him with depriving Taylor and a person staying with Taylor in her apartment of their constitutional rights by firing shots through a bedroom window that was covered with blinds and a blackout curtain. Count Two charges Hankison with depriving three of Taylor’s neighbors of their constitutional rights by firing shots through a sliding glass door that was covered with blinds and a curtain; the indictment alleges that several of Hankison’s bullets traveled through the wall of Taylor’s home and into the apartment unit occupied by her neighbors. Both counts allege that Hankison used a dangerous weapon, and that his conduct involved an attempt to kill.

The information charging Goodlett with conspiracy contains one count. It charges Goodlett with conspiring with Jaynes to falsify the warrant affidavit for Taylor’s home, and file a false report to cover up the false affidavit.

All of the civil rights charges involve alleged violations of Title 18, United States Code, Section 242, which makes it a crime for an official acting under color of law — meaning an official who is using or abusing authority given to that person by the government — to willfully violate a person’s constitutional rights. A violation of this statute carries a statutory maximum sentence of life imprisonment where the violation results in death or involves an attempt to kill.  The obstruction counts charged in the indictments carry a statutory maximum sentence of 20 years; and the conspiracy counts carry a statutory maximum sentence of five years, as does the false-statements charge. 

The charges announced today are separate from the Justice Department’s Civil Rights Division’s pattern or practice investigation into Louisville Metro Government and the Louisville Metro Police Department, which Attorney General Garland announced on April 26, 2021. The charges announced today are criminal against individual officers, while the ongoing pattern or practice investigation is a civil investigation that is examining allegations of systemic violations of the Constitution and federal law by LMPD and Louisville Metro. The civil pattern or practice investigation is being handled independently from the criminal case by a different team of career staff.

Ring Doorbell Saves the Day Again: Eviction at the Wrong House

It’s a relaxing summer afternoon. You’re visiting family about 15 minutes away from your home. You locked your doors before you left, like you always do. Your three dogs are safely secured inside your house. All of a sudden you get a notification from your Ring doorbell security camera, at your front door. You see two police officers and some other stranger standing on your doorstep. They just busted the lock off your front door. They’re in the process of entering your home. You have three dogs in the house and you immediately have awful thoughts racing through your head about police officers and dogs. Not knowing what else to do, and having no idea what’s happening, you confront them using the doorbell’s audio speaker. They tell you that they’re there to evict you. You have no idea what they’re talking about.

This was the experience of Jennifer Michele of Land O’Lakes, Florida, in Pasco County. It was a complete surprise to her, given the fact that she had no knowledge of any eviction proceedings against her. She had been living there for 13 years. She posted this footage to Tik Tok, and it went viral. Here it is…

The Maxim that “a man’s house is his castle” is older than our Republic, and deeply rooted in Anglo-American jurisprudence. As scholars have observed, it protects all levels of society, down to the “poorest man living in his cottage.” It formed much of the basis of the Fourth Amendment itself. While 4th Amendment protections have eroded over time almost everywhere else – cars, schools, sidewalks, airports, and so on, it has retained its original strength in the home. The home still receives the greatest protection under the Constitution. It’s our castle. This is expanding in many states, with “castle doctrine” and “stand your ground” laws, and other self defense protections for law abiding citizens. 

Searches and seizures which take place in a person’s home are presumptively unreasonable, which means they are illegal by default according to the Fourth Amendment. The only exceptions are consent and exigent circumstances, which are not at issue here. 

Thus where law enforcement busts your lock off your front door, without a warrant, or in this case a valid eviction order, they violated your Fourth Amendment rights, by default application of the law. But are there any consequences? This is where qualified immunity comes in. 

There are two scenarios: 

1) Where the warrant or eviction order lists the homeowner’s correct address, but which is actually the wrong address. So on its face, there is a warrant for that address, but it was supposed to be a different address; or 2) where the warrant or eviction order lists an entirely different address and they just showed up and executed it at the wrong house. This could be equally applicable to arrest warrants where the wrong John Smith is arrested. Is the mistake in the warrant, or in the execution of the warrant? If the mistake is in the warrant, then how did it get there, and who was responsible? These questions are all highly important to the qualified immunity issue. The unfortunate reality is that qualified immunity is typically granted in these sorts of mistaken identity or address cases. Not always, but very frequently.

One must also remember that this is Pasco County, the same county as the video I recently posted showing the SWAT style entry into a woman’s home over a building permit inspection. That brings up what is most likely a better legal argument here, which is the existence of a policy of constitutional misconduct. This is likely not the first issue. Why is Pasco County law enforcement showing up in tactical gear, with very little information or communication, for an eviction? There may be a Monell Claim here, which would be important because a county or municipality cannot assert qualified immunity as a defense to Monell liability for a policy of constitutional violations.

The consequence of out of control government here was relatively harmless in the end. But often it’s not. Similar mistakes are often made, with tragic results. When law enforcement forcibly enters someone’s home, they do so with firearms, which often are used against occupants – either human or canine. Because, they have to get home safe at night. Nobody else does, necessarily, but they must, at all costs. Protect and serve. When you have the peace-of-mind of qualified immunity, you can just act first and sort out the damage later. Or, as we used to say in football, “let the paramedics sort them out.” 

SWAT Style Entry for Scary Crime of No Building Permit

Someone sent me another interesting video from Tik Tok, this time showing cops making an entry into a home pursuant to a search warrant, guns drawn, due to the alleged high crime of failure to obtain a building permit. Here’s the footage:

You can hear them yell search warrant and then abruptly make entry, which is very close to a no knock entry. There is a constitutional requirement that police officer knock and announce their presence prior to making entry, even with a valid search warrant. There are exceptions for where a no knock warrant is obtained, or where exigent circumstances are presented at the scene, assuming the dangerousness presented wasn’t known prior to the warrant being obtained.

Assuming this is true that the search warrant was obtained due to a failure to obtain a building permit, I have some issues with this. Just because a search warrant is obtained, that doesn’t entitle law enforcement to treat the homeowner like she’s a drug dealer or known violent felon. Police still must act reasonable in executing a search warrant. This requires adjustment for the particular facts of the situation.

Merely executing a search warrant doesn’t justify pointing a gun at someone, assuming someone had been in the home. But alas, this is the world we live in, because we have allowed the government to do what it does best. For this reason, I’m glad that I live in a jurisdiction where there are actually no building permits. Do the buildings fall down around us? No, no they don’t. Just like the fact that we could fire every employee of every state barber and cosmetology board in the nation, and we’d all survive; we’d all be fine.

Government needs to be drastically downsized. How many cops were involved in this? Did they just need some extra hand-on-gun time this month? It’s too bad these tough guys weren’t in Uvalde. All-in-all, I’m sure most judges would allow what’s occurred here. But I wouldn’t. This is unreasonable. Fire everyone involved and don’t replace them. That’s what I’d do.

UPDATE 8/2/22:

The homeowner reached out and spoke with my today, also providing copies of the underlying documents. It only gets worse with more information. Check it out:

The “Inspection Warrant:

The underlying “affidavit”:

Update on My Creepy Cops Search Case of Putnam County WV

I get asked all the time for an update on the Creepy Cops Search case out of Putnam County, West Virginia, where plain-clothes police officers from the sheriff’s department’s “Special Enforcement Unit” were caught on hidden camera literally breaking into my client’s home, sneaking in through the window, searching the inside of the house for non-existent drugs. To see footage of police officers secretly inside someone’s home, where there’s no criminal investigation, or even charges, and where there’s no legal justification, is scary.

This was actually my first Youtube video, uploaded January 15, 2020. The footage shows the drug task force officers searching Dustin Elswick’s house, including examining the ashes of his deceased friend, brilliantly believing them to be drugs. They also ran those ashes through field drug test kits, disabled an exterior surveillance camera, pulled Dustin’s guns out of storage for photographs, and generally ransacked and searched the place.

Until I uploaded the video two and a half years ago, they had no idea they had been caught on video. I first provided the video to federal prosecutors, who in turn provided the video to the FBI for investigation. I didn’t know this at the time, but the FBI agent tasked with the investigation didn’t investigate, but rather just tipped off the officers that I had a video showing them in Dustin’s house. I only found this out much later, after a lawsuit was filed and discovery was exchanged.

A federal civil rights lawsuit was filed on August 20, 2021 against the individual officers, as well as against the county for creating and allowing this drug task force to operate in the first place. The federal court denied Putnam County’s motion to dismiss the pattern and practice (Monell) claim, issuing a memorandum opinion explaining the basis for liability.

Right now the case is set for jury trial in federal court in Huntington, West Virginia on February 22, 2023. There were also two companion case lawsuits filed, on behalf of other plaintiffs, the Johnson family, as well as Mason Dillon, which are also currently pending and set for trial. However, this is the only one that was caught on video. The Dillon case is set for trial on January 18, 2023. The Johnson case is set for trial on January 31, 2023. As of right now they have not been consolidated with the Elswick case.

Discovery has been exchanged, so we now know a lot more. However, depositions have not yet occurred, having been delayed several times due to the defendants’ concerns over a renewed FBI investigation, following the disclosure that the initial FBI investigation was more of a locker room pat on the butt, than an investigation. I suspect that the current FBI investigation could be actually an investigation of the initial FBI investigation, but I have no idea as of right now. What I do know is that we are finally set for depositions of the officers to take place at the end of this month. It will be interesting to find out whether the officers will plead the Fifth Amendment. I honestly hope that they don’t. But either way, I already have their statements from the still-confidential internal investigation. So if they don’t want to answer questions, there are mechanisms in place for me to utilize their prior statements.

What I can tell you is that there is no good explanation here. There are some excuses and some finger-pointing. But there is no great defense here. I believe that it will be determined that some of the officers are more culpable than others. Which is why I hope that at least those officers will be willing to tell the story. It’s an interesting tale that resulted in the end of the Special Enforcement Unit, but not the end of the officers’ employment. Though there’s more to the story that isn’t out yet.

Remember, your home is your castle, and is the most protected place there is under the Fourth Amendment. Any search or seizure by the government that takes place in the home is automatically unconstitutional, by default, unless the government can prove otherwise, in the form of a valid warrant, or valid exception to the warrant requirement. There are only two exceptions recognized by the U.S. Supreme Court: consent and exigent circumstances. Consent must be voluntary. Exigent circumstances require something akin to an emergency situation.

Also, when it comes to consent, as I’ve explained previously, a landlord cannot authorize the government to search the residence of a tenant, as per the Supreme Court in the 1961 case of Chapman v. United States. This also extends to apartments, rented rooms within a house, and hotel rooms so that a landlord may not give the police consent to a warrantless search of a rented apartment or room.

These cases tend to speed up towards the very end, which is where we are now. So there will likely be a big update, or updates, very soon. We have a mediation scheduled in August, which is an opportunity for both sides to discuss potential settlement resolutions. In this case, which is a civil rights lawsuit, the potential remedy available to a plaintiff is money. So that’s where money will be discussed, for the most part. If that falls through, we’ll sort it all out at trial.