Arrested For Being a Foreigner

[Music] welcome to audit the audit where we sort out the who and what and the right and wrong police interactions this episode covers implicit bias florida driver's license laws and constitutional rights for non-citizens and is brought to us by wtfv 9. be sure to check out the description below and give them the credit that they deserve before we dive into the interaction i would like to invite you all to check out the ata patreon page where you can find ad-free uncensored and exclusive content that you can't get anywhere else and right now we're offering a limited time one-year membership with two months completely free on february 3rd 2019 in oviedo florida officer scott mosley of the oviedo police department pulled over 20 year old turkish national and english student dog yakin kainek for allegedly driving in an aggressive manner and speeding when officer mosley put on his lights in an attempt to pull the vehicle over mr koenig did not stop until officer mosley motioned for him to pull over once mr kyneck pulled over officer mosley ordered him to pull the vehicle forward to make room for his police suv but mr kainik did not move his car do you speak english i am english student how did you get a driver's license if you don't speak english please how do you have a driver's license give it to me i don't care where you're going you don't have a florida driver's license no why are you driving here i am english student you cannot drive here if you don't have a license in the united states of america why are you driving no what language do you speak turkish why are you driving what you don't have a license this is not america this is turkey sure did you see me behind you excuse me did you see me behind you yeah why did you not stop i don't i don't understand yeah that's why you should not be driving in america when you don't know what it means when a cop is behind you with their lights on i am sorry i don't despite the fact that he had no knowledge about mr kinect's qualifications for driving driving experience or driving abilities officer mosley tells mr koenig that he should not be driving in america if he does not know what it means when a police officer turns their cruiser's lights on as this statement does not have a legal basis and is purely officer mosley's opinion this assumption may have been a manifestation of an implicit bias against foreign drivers implicit bias is defined as the attitudes or stereotypes that unconsciously affect an individual's interpretation of a situation and their actions based on that interpretation this means that individuals are often unaware that they even have these biased associations let alone that they act in discriminatory ways because of them psychologists mazarin banaji and anthony greenwald coined the term implicit bias in their 1995 article published in the scholarly journal psychological review in this article the psychologists argued that an individual social behavior is greatly influenced by unconscious attitudes and stereotypes stemming from their past experiences many studies have shown that police officers implicit biases unconsciously affect their treatment of the individuals they encounter in the course of duty for example in a 2016 article in the journal of criminal justice researchers laurie friedela and haiyong lim analyzed police reports to determine that consistent with an implicit bias perspective police were more likely to use electronic control devices over lower level restraint methods on african-american suspects than they were on caucasian suspects while much of the research and discussion of implicit bias is focused on racial stereotypes and associations individuals can have implicit biases based on non-racial factors such as gender religion sexual orientation and in this situation nationality based on the broad array of evidence that suggests implicit biases impact policing decisions officer mostly's assumption that mr kainik was unqualified to drive in america may have stemmed from unconscious stereotypes based on his experience with foreign drivers in the past that's the problem that's the problem what open here let me see that you are not allowed to drive in america if you don't know our laws and you do not have an american license i was behind you with my lights on and you did not even stop care if you did not know that is the problem that is why you have to have an american license so you know our laws you are not allowed to drive in this country if you do not know this country's laws while officer mosley informs mr koenig that he is not allowed to drive in america if he does not have an american license this statement does not comport with florida's motor vehicle laws section 322.04 of the florida statute states that a non-resident who is at least 18 years of age and who has in his or her immediate possession of valid non-commercial driver's license issued in his or her home state or country is generally exempt from the requirement to obtain a driver's license to operate a motor vehicle in florida although section 322.031 of the florida statutes creates exceptions for non-residents who work in the state or enroll their children into florida public schools section 322.01 defines a resident as a person who has his or her principal place of domicile in the state for more than six consecutive months has registered to vote has made a statement of domicile or has filed for homestead tax exemption on property in florida this means that non-residents including foreign nationals who move to florida are allowed to drive using their foreign driver's license for the first six months they are living in the state as they will be considered a non-resident during that time once an individual has been in florida for six months they are legally considered a resident and must obtain a florida driver's license in order to drive in the state this is why tourists from mexico or canada can drive into the united states for a period of time without having to acquire a u.s driver's license although mr koenig may have been driving illegally if he had been in florida for more than six months officer mosley's blanket statement that you cannot drive in america without an american driver's license was completely inaccurate let me see give me that give me your phone phone you do not know enough if you do not know that a police officer driving behind you you should stop that means you do not know enough to drive in this country you are breaking the law [Applause] do you have the registration vehicle registration whose car is this my cousin are they home yeah call them 31 can i get another unit bachohan tell him to come here tell him to come here okay how far it do you know how long he's gonna be how how long yeah he's coming right now okay all right can you come out for me can you come out can you step out come out okay just come come over over there to talk farther i don't want to get hit all right how long have you been in the country come over here come on how long uh i am five no we're coming here huh five numbers coming here officer mosley asks mr koenig how long he has been in the country which was a potentially incriminating question considering that mr kyneck would be violating the law by driving without a florida license if he had been in the state for more than six consecutive months it is well established through u.s supreme court decisions dating as far back as the 1800s that the majority of constitutional rights including the fifth amendment right against self-incrimination apply to any individual who is on u.s soil regardless of their citizenship or immigration status in these decisions the supreme court parsed the specific constitutional language used to determine the framer's intent for example in the 1886 case of yiquo vs hopkins the court concluded that the 14th amendment is not confined to the protection of citizens as it states quote nor shall any state deprive any person of life liberty or property without due process of law nor deny to any person within its jurisdiction the equal protection of the laws these provisions are universal in their application to all persons within the territorial jurisdiction without regard to any differences of race of color or of nationality and the equal protection of the laws is a pledge of the protection of equal laws ten years later the court reached the same conclusion about the fifth amendment which also extends its protections to any person in the 1896 case of wong wing versus united states the court determined that the term person used in the fifth amendment is broad enough to include any and every human being within the jurisdiction of the republic just as they are required to follow the laws of the country they are residing within a resident alien born is entitled to the same protection under the laws that a citizen is entitled to therefore as a turkish citizen on american soil mr kyneck possesses the same fifth amendment right against self-incrimination as an american citizen and could have invoked this right to refuse to answer officer mosley's questions how long have you lived here yeah how long one month one year two months you've been in three months okay do you drive this car a lot do you drive it a lot many times yeah you drive many times i know my drive listen i don't know license license six months and finish and i'm may go to my country and finish so he's your cousin yeah cousin yeah okay you're not allowed to drive here you cannot drive here without a license you an american license is required necessary for you to drive here even though mr kyneck had not violated florida law officer mosley arrested him for driving without a valid license which is a second-degree misdemeanor in florida mr koenig was charged in the seminole county circuit court on february 4 2019 but prosecutors dismissed the criminal charge on february 11th presumably after determining that there was no legal basis for mr kainik's arrest the ovito pd conducted an internal review of the traffic stop and initially found that officer mosley violated the department's policy requiring police officers to know florida laws and regulations however this finding was reversed after a hearing where it was determined that a training deficiency may have contributed to the wrongful arrest in december 2019 officer mosley was suspended for 12 hours without pay due to his quote unprofessional and demeaning conduct towards mr kyneck it is unclear whether mr kanik will be pursuing legal action for his wrongful arrest overall officer mosley gets an f for maintaining a rude and condescending demeanor throughout the interaction displaying a fundamental misunderstanding of florida's motor vehicle laws and for wrongfully arresting mr koenig for a minor traffic violation although implicit bias is inherently perpetrated through subconscious actions and intent officer mosley's statements were nothing short of unprofessional and inflammatory and much of his conduct was arbitrarily uncalled for regardless of whatever uncontrollable biases may have been at play officer mosley's ignorance of the law largely dictated the outcome of this encounter and the discretionary decisions the officer made were wholly unreasonable instead of being patient officer mosley chose to effectuate an arrest out of convenience rather than in the name of justice and did so knowing that mr kyneck's cousin was on the way to sort out the issue the fact that officer mosley was able to circumvent punishment for his lack of knowledge regarding florida's driving laws reflects the growing consensus that officer accountability is a prevalent problem within america's policing system and i suspect that a union likely played a role in absolving him from being held responsible for his actions given that the department initially concluded that he violated departmental policy officer mosley's hearing and subsequent reversal highlight yet another aspect of the accountability issue that is not often discussed and there are many circumstances where departments make a concerted effort to get rid of bad officers but are blocked by the powerful unions those officers are a member of this is purely speculation for this interaction in particular but it is a serious issue on the national scale there are no simple solutions for all of the problems contained within this one interaction but there is no doubt that officer mosley's conduct was distasteful and contrary to the spirit of american justice as for mr kainik i cannot issue a legitimate grade to an individual who lacks the societal and cultural context to fully understand the civil liberties associated with the constitution unlike the rules of the road constitutional protections do not operate under a universal framework and it is unrealistic to expect a foreigner who was temporarily living in the united states to have a deep understanding of how the justice system functions here driving on the other hand does operate under a universal set of standards and anyone who has driven in the past would likely require little to no effort to adjust their driving habits to the standards of whatever country they may be traveling in very little philosophical and historical context is needed to understand the varying driving laws from country to country but understanding the civil liberties afforded to citizens and visitors of different countries would require intimate knowledge of the country's history political landscape and current state of policing mr koenig was respectful throughout the encounter and did his best to transcend the language barrier that was hindering the progression of the stop it was officer mosley who operated as the driving force for escalation during the stop and despite the language barrier and questionable arrest mr kanek maintained his composure and was ultimately found to be innocent let us know if there's an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to check out the ata patreon page for more police interaction content [Music] you

Channel: Audit the Audit

Views: 666,369

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: CzppiWg_z08

Length: 15min 54sec (954 seconds)

Published: Mon Jan 25 2021