Cop Loses It Over Minor Miscommunication

foreign [Music] welcome to audit the audits where we sort out the who and what and the right and wrong of police interactions this episode covers traffic stops Reasonable Suspicion and the First Amendment and is brought To Us by lackluster's Channel be sure to check out the description below and give them the credit that they deserve on February 13 2022 former New Yorker Matthew cardu was attempting to return to his Pasco County Florida home when he encountered a construction crew blocking the entrance to his neighborhood he followed the detour around to the other side of his neighborhood but found that the only other point of entry was partially blocked by a cruiser from the Pasco County Sheriff's Office driven by Deputy Kevin Lapointe according to Mr cardu he stopped at the intersection and used his turn signal to communicate his intention to turn into the neighborhood but Deputy Lapointe did not respond Mr cardu then stopped next to the police vehicle with no reaction from Deputy Lapointe before continuing to drive past the cruiser Deputy Lapointe then flashed his siren and Mr cardu stopped and rolled down his window while deputy Lapointe approached some people that can't live here that live here don't you think you should probably stop and explain Hey listen I gotta go to a certain here because it's blocked off at a certain point you'd be a dead end yeah but you went right past it where's your house right up there our kitten Trail okay where you see the curve yes just past the curve on the left full is it North of little B Court yes okay I just drove all the way around to get here okay well I don't know that well I'm explaining it to you now I know can I go or not yeah get the hell up thank you foreign get back in your car right now I'm telling you right now get back in your car shoot me you come out of your car in a traffic stop you can offer you obviously it's a dangerous situation get back in your car settle down if you can't handle it get back in your goddamn car after Deputy Lapointe initiates a second traffic stop Mr cardu pulls over and steps out of his vehicle Deputy Lapointe then exits his Cruiser and orders Mr cardu to get back inside his car as we have mentioned in many other episodes of ATA the Supreme Court has unequivocally established that police officers can order individuals to step out of a vehicle during a traffic stop to preserve officer safety this Authority extends Beyond orders to exit a vehicle and in general individuals must comply with instructions from officers attempting to maintain control of the traffic stop while exiting your vehicle after being pulled over is not illegal officers typically view such actions as aggressive suspicious and a threat to their safety additionally when a citizen steps out onto the road during a traffic stop oncoming traffic can pose a threat to their own safety as well for these reasons while Mr cardu did not break the law by getting out of his car a court would almost certainly determine that Deputy lapont was within his authority to order him to get back into the vehicle license registration insurance license registration and insurance what'd you stop me for license reason for the Stop you'll find out your information supervisor you'll find out as soon as I have your information and I'll give you as soon as I get supervised so you're feeling so your failing to identify yourself with a traffic stop I'm not failing to identify the traffic okay video all you want you're free I have the body cam since I stopped you in the first place it doesn't disappear it's public record I know it's public record license registration and insurance what's the reason for the stop you fail to yield to a police barricade you screech in your tires as you leave you're driving fast you're obviously frustrated yeah so I'm asking for your license your registration and insurance on a lawful legal stock Mr cardu refuses to provide his license registration and proof of insurance to Deputy Lapointe and instead requests a supervisor and Deputy Lapointe argues that Mr cardu is required to identify himself because the traffic stop was lawful under section 322.15 of the Florida Statutes drivers must have their license in their immediate possession at all times when operating a motor vehicle and must present it quote upon the demand of a law enforcement officer nevertheless officers cannot lawfully stop a vehicle without at least Reasonable Suspicion of a traffic offense or crime here Deputy Lapoint claims that he stopped Mr cardu because he failed to yield to a police barricade screeched his tires drove fast and was quote obviously frustrated according to section 316.078 of the Florida Statutes quote it is unlawful to drive around any barricade erected for the purpose of closing any section of a public Street or highway to traffic during the construction or repair thereof or to drive over such section of public Street or Highway until again thrown open to public traffic and while it is arguable that Mr cardu violated this statute when he drove past Deputy lapointe's vehicle Deputy Lapointe had already stopped Mr cardu about this issue and informed him he was free to drive home nonetheless it is possible that a court would conclude that Deputy Lapointe had Reasonable Suspicion to detain Mr cardu based on his aggressive driving section 316.154 of the Florida Statutes which prohibits improperly starting a vehicle states that quote no person shall start a vehicle which is stopped standing or parked unless and until such movement can be made with reasonable safety in the 2002 case of Donaldson versus State the fourth district court of appeal of Florida concluded that an officer did not have reasonable suspicion that an individual violated this statute despite the fact that the officer testified that the vehicle's tires were squealing because the officer did not see the defendant's vehicle start from a stopped position however in reaching this decision the court did not invalidate the state's argument that starting and driving a vehicle at such a rate of speed so as to cause the tires to squeal violated this statute and in the 2011 case of State versus Rudder the Supreme Court of Vermont distinguished this decision from a case where the officer did observe an individual stop and start their vehicle the court determined that the officer had reasonable suspicion that a driver violated a similar Vermont statute when he quote unquote peeled out with his tires spinning and his engine revving if a Florida Court applied similar logic to this situation it is likely it would hold that Deputy lapont had Reasonable Suspicion to stop Mr cardu because he observed Mr cardu start his vehicle from a stopped position in a manner that caused his tires to squeal okay you're failing to apply to any identification I'm not failing to provide okay it's been handed to me all right can I request the supervisor before I hand it to you you can hand me the information first before you start feeling your identification supervisor please you do realize that feeling to provide identification is arrestable oh cops man did you get picked on as a kid oh you got it picked on people because I'm not gonna feed into your boy oh I know you're not gonna feed in the pool Taco you want it really means nothing to me I don't know I don't know when this is good till but okay go have fun November 2021 so you're you don't have an insurance card that's updated yeah try this one I'll give you like six of them okay how about the right one how about yeah all the information is the same this one's May 2021. that one's November 2021. all right is it electronic I'll give you the opportunity to pull up a digital One You're Gonna Write a bunch of tickets anyways so he failed to yield for the police barricade you went around me so I stopped them and then he decided what else to understand and then explain to you yeah you went around so I stopped him I hit the hit the uh siren to get him a stop after he's beyond the barricade so then he costs an attitude and he figures out we're gonna figure out where he's at I said here and taking off like crazy and his tire starts you know he starts you know fishtailing all that so that's right we all carry body warm cameras it's been on since I I talked to you the first time so you got me Fishtown I'm losing [Music] maybe I'll be at McDonald's like you suggested maybe you should be flipping [ __ ] burgers this guy's got an attitude man are you from New York yeah he's got an attitude and he wants to jump out of the car like he's King well no the re we got this already blocked out for a reason I get it I was up there and I turned around and drove all the way around to come back here so I need to go right here I hear you and I figured all right because he didn't even try to get out of the car when I went by I was like stopped right in front of his car he didn't open the door roll the window nothing so I started to go yeah but you get if we got barricades up you can't just drive around the barricade but people that you can't go home you can't go to the place you're supposed to have to ask him to see to make sure that because we can't verify them until we talked to you when he hit the thing I completed my stop and he gets out with an attitude you don't see the control car no obviously I see it I didn't crash into it well the part is that you can't drive around the barricade to begin with this is retaliatory because I gave him an attitude he wouldn't have done this if I didn't give him an attitude oh but I mean if anybody that you come across that gives you an attitude you're not going to like it right you didn't hear me do you want him it's on your body cam I asked you for a supervisor at the beginning of this interview oh my God I just request one I did not request one I asked you to request the supervisor it's on your body camera at the beginning of this stop I will let him know what's going on now you want to do it and detain me longer so here's your information drive around on a detour barricade it's 164. it's fantastic am I signing you're also got uh signing also got any information option five is obviously go to court select the magistrate do they need to be signed nope thank you how hard was that you don't need a car my name in badge is Lapointe 6854 I don't have to provide you any actual documentation there you go Pasco County Sheriff's Office so that way you don't forget that one right okay you still want a supervisor oh [Applause] okay that's what I figured that's why we didn't call one you're all set have a good day you're all set I don't want you to talk yourself into handcuffs have a good day take care Mr cardu continues to voice his displeasure about the stop to Deputy Lapointe who tells him to move along before he talks himself into handcuffs apparently threatening to arrest Mr cardu for his speech section 877.03 of the Florida statute states that quote whoever commits such acts as are of a nature to corrupt the public morals or outrage the sense of public decency or affect the peace and quiet of persons who may witness them or engages in brawling or fighting or engages in such conduct as to constitute a breach of the peace or disorderly conduct shall be guilty of a misdemeanor of the second degree but as the first district court of appeal of Florida noted in the 1986 case of Delaney versus State quote since this statute could in certain situations infringe upon the right to free speech the court has limited its application to verbal conduct which Falls outside the scope hope of constitutionally protected speech in the 1976 case of white versus State the Supreme Court of Florida explained that quote in determining the narrow line between constitutionally protected speech and that which is unprotected it is imperative to consider the circumstances in which the words were uttered the statute must not be construed to limit the use of a socially impermissible work merely as a tool of communication such expressions are constitutionally protected the court then clarified that oral non-verbal acts which infringe upon the rights of others to pursue their normal lawful activities are not constitutionally protected even when accompanied by the use of constitutionally protected words and ultimately concluded that quote mere words used as a tool of communication are constitutionally protected the protection fails only when by the manner of their use the words invade the right of others to pursue their lawful activities or by their very utterance they inflict injury or tend to incite an immediate reach of the piece in this situation Mr card do did not engage in any conduct Beyond arguing with Deputy Lapointe he remained in his vehicle kept his voice at a reasonable volume and did not take any actions to prevent Deputy Lapointe from leaving as we have often discussed here on ATA the Supreme Court stated in the 1987 case of City of Houston versus Hill that quote the first amendment protects a significant amount of verbal criticism and challenge directed at police officers and it is clear here that Mr cardu was doing nothing more than criticizing and challenging Deputy lapointe's Behavior therefore a court would likely determine that Mr cardu did not commit disorderly conduct and could not be lawfully arrested for his speech I said I don't want you to do that no go you don't want me to talk myself into handcuffs for threatening me no I'm not it's not a threat what are you going to arrest me for that's an education of the law you're all set have a good day eventually both Deputy Lapointe and Mr cardu drove away and Mr cardu was able to return home during the encounter Deputy Lapointe wrote Mr cardu three tickets one for driving around a barricade one for improperly starting a vehicle and one for operating motor vehicle without proof of insurance Mr cardu has since claimed that one of the insurance cards he presented to Deputy Lapointe was unexpired and has indicated that he intends to fight all three of the citations as of the date of this episode court records show that all three cases are still pending overall Deputy Lapointe gets a c minus because although he likely had Reasonable Suspicion to stop Mr cardu he maintained a hostile and aggressive demeanor throughout the encounter failed to call the supervisor when Mr cardu requested one and seemingly threatened to arrest Mr cardu for constitutionally protected speech additionally it cannot be ignored that Mr cardu originally attempted to communicate with Deputy Lapointe before driving onto the closed Street both by using his turn signal and stopping next to the cruiser and Deputy Lapointe did not respond to him it is unclear why by Deputy Lapointe failed to either notice or acknowledge Mr cardu but it is evident that if Deputy Lapointe had simply taken the time to roll down his window and talk to Mr cardu before he drove onto the street this entire situation could have been avoided many interactions between officers and citizens occur outside the context of a formal traffic stop or detention and Deputy Lapointe failed to take advantage of this opportunity to communicate with Mr cardu before pulling him over this encounter demonstrates the importance of proactive policing and how officers can prevent unnecessary escalations by simply being aware of the citizens around them Mr cardu gets a b because while his frustrations with Deputy Lapointe in the traffic situation were completely understandable he demonstrated hostility throughout the interaction failed to invoke his right to silence and seemingly attempted to provoke Deputy Lapointe at several points in the encounter while all of Mr cardu's speech was protected by the first amendment that does not mean it was productive or advisable here Mr cardu's confrontational demeanor an initial refusal to comply with Deputy lapointe's demand for his license registration and proof of insurance extended the length of the traffic stop and prevented him from getting home in a timely manner similarly the aggressive manner in which he chose to drive off from the initial traffic stop gave Deputy Lapointe Reasonable Suspicion to stop him again and while I do not necessarily believe that pulling him over was necessary or appropriate a court would likely side with Deputy Lapointe in any dispute over this issue and Mr cardu kept his temper under control and calmly explained the situation to Deputy Lapointe he likely could have immediately gone home without receiving any tickets of course none of this excuses Deputy lapointe's Behavior who had the professional responsibility to set a respectful tone in the encounter while I commend Mr cardu for protesting the conduct of Deputy Lapointe and for following up this encounter with the proper legal action I would caution other citizens in a similar situation to remain as calm and Silent as possible let us know if there is an interaction or legal top you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music]

Channel: Audit the Audit

Views: 1,299,272

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: 8SorwP8Bf7s

Length: 16min 48sec (1008 seconds)

Published: Mon Jun 06 2022