Cops Arrest Attorney General's Daughter For Sleeping in Public

[Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers sleeping in public refusal to identify and trespassing and is brought to us by felipe heming's channel be sure to check out the description below and give them the credit that they deserve on january 16th 2017 officers from the guntersville police department responded to a 9-1-1 call about a woman sleeping in her car at a public park in guntersville alabama and approached local resident christie landry's vehicle to investigate the available body cam footage begins a few minutes into the interaction and does not show the officer's initial approach you're required to give me your id when i ask for it okay under title 15. can you give me i am taking a nap because okay i'm off right now i live in town okay would you like i'm on i'm not i'm talking would you like to give me your idea or go jump no you don't wanna give me i'm not gonna give you my idea okay well come on put your shoes on nope come on no you are not getting me out of my car you are not don't resist me what my card says okay give me your id this is how y'all treat me i'm trying to identify you okay my there's people been calling well they've been calling i've been here forever i'm taking my lunch break let me explain to you what we got the call on and while we're starting to educate this okay can you let me just explain yeah sure people have called and said that you've been laying in this car for four hours four hours listen to me we don't know anything until we get here identify you and see if everything's okay this officer's asked for your identification you're you're supposed to i'm sitting here i'm not supposed to provide that because i'm sitting in my property okay on city property okay i am a part of the city too ma'am why are you you just woke me up right what do you know that you've been here to sleep for four hours or four minutes four seconds it doesn't matter i was listening to sean hannity for about 15 minutes then i went to sleep no i don't i don't want to give you my knee you're supposed to identify yourself what if i'm walking would you approach me and tell me that that's strange if something got called in that you were acting strange then yeah we would have actually sleeping in my car ma'am we have to invite you i can be here until after sunset i know this exactly and now that you've been asked to identify yourself we need you to identify yourself who are you provide us i'm officer young we go into a police department so i have to identify myself because i'm sleeping in my car the officers informed ms landry that she needs to identify herself because she is sleeping in her car and they need to investigate the 911 call according to the city loitering statute which is found in section 13-92 of the guntersville code of ordinances quote it shall be unlawful for any person to loiter loaf wander stand or remain idle either alone or in consort with others in a public place including a public park for any unlawful purpose or for any purpose other than the intended use of the facility or public place in which the person is located while it is potentially arguable that an individual sleeping in a vehicle is not the intended use of the park a court would likely conclude that applying this statute to ms landry for sleeping in her car would be unconstitutional in the 1993 case of horn vs city of montgomery the alabama court of criminal appeals invalidated a city ordinance that made it unlawful for a person to sleep in a vehicle parked on a public street avenue or alley in reaching this conclusion the court argued that quote numerous situations could arise that would be essentially innocent such as a driver pulling over to the curb and parking because he was too sleepy too ill or too tired to drive the arresting officer recognized this possibility and admitted that he and other officers believe that they were free to decide whether to enforce the ordinance in those cases the vagueness of the ordinance encourages arbitrary and discriminatory enforcement the court also concluded that the ordinance failed to give a person of ordinary intelligence fair notice that their contemplated conduct is forbidden however even if the officers did have a reasonable suspicion that ms landry was committing a crime alabama's stop and identify statute would not allow them to demand her identification under section 15-5-30 of the alabama code police officers may quote stop any person abroad in a public place whom he reasonably suspects is committing has committed or is about to commit a felony or other public offence and may demand of him his name address and an explanation of his actions in addition to the fact that the officers most likely did not have the reasonable suspicion necessary to detain ms landry under this statute the law only authorized the officers to demand that she provide her name and address and not to demand that she hand over her id would you say what you know what's your first name my name is christie okay christian lieutenant case okay here's the deal we've got a call on you okay i don't know how they do things in the state of louisiana when i'm sleeping listen okay we if you're sleeping in the parks we have a city ordinance against them so here's what i'm telling you okay we're going to ask we're going to id who you are if you fail to id who you are we're going to place it on the top we're going to place you under arrest okay so i mean that's just as simple as it comes okay i'm being real polite to you you haven't been unapplied to me i'm just telling you we've got a call who you own your welfare check okay we have a city awards against water in the parks if you're sleeping in your vehicle in the parks it's lowering it's a city ordinance we have a right to issue a citation for that all right like i said you may be from louisiana balls may be different right now your gunner's wild well if somebody walked up to my car here's the thing you're gonna see i would i would see that they're sleeping and i'm leaving them no ma'am we have a city ordinance against that would have been out there sleeping is that against the law yes ma'am it is floating in the parks yes ma'am here's the thing that's about to happen you can you can subpoena that through the court you're about to be booked subpoena you're about to you're about to be booked under jane doe okay oh he's going he wants to book me before i find anything else out so it's your options there's no there's no fans or buzz either provide id give us your name and birthday what don't you understand investigating right this is part of our mission i still have a little bit of time before i have to go home here's what's about to happen you're about to be placed under arrest your car is going to be impounded you're going to be booked under jane doe we're going to send your fingerprints off to the fbi it could take 30 60 90 days to come back you'll be in jail and obama until then so it's your option man like i said i've been real polite to you that's all i'm asking for your id or your name date of birth nothing on you then we'll go we'll leave lieutenant case claims that if ms landry does not surrender her id then they will book her into jail as a jane doe and keep her there for up to 90 days without bond until they can get her fingerprints back from the fbi however the process he describes does not make logical sense or comply with alabama law first if ms landry was arrested she could be searched and if she had her driver's license or another form of identification on her person the officers could use that to identify her immediately if she did not have any identifying information on her the officers could book her as a jane doe but they would immediately start an investigation process to determine her name the license plate on her vehicle would likely be the starting point but officers can also use photograph and fingerprint databases as well as facial recognition software to identify a john or jane doe additionally individuals generally cannot be held in jail indefinitely while the government attempts to identify them if an individual is arrested without a warrant rule 4.3 of the alabama rules of criminal procedure requires a judge or magistrate to determine whether probable cause exists to believe that the defendant committed the charge defense quote without undue delay and in no event later than 48 hours after arrest if probable cause is not determined within this time frame the arrested individual must be released on bond or personal recognizance unless the offense is not bailable if the judger magistrate finds there is probable cause a complaint will be filed and the arrested person will make their initial appearance in court rule 4.4 of the alabama rules of criminal procedure states that quote at a defendant's initial appearance the judge shall ascertain the defendant's true name and if necessary amend the formal charges to reflect the defendant's true name at this point of the process if ms landry still refused to provide her name and the officers had somehow been unsuccessful in their attempts to identify her she could be continued to be detained until she complied with the judge or magistrate's order to provide her name however it is nearly impossible to imagine a situation where this would occur although there are no reasonable circumstances under which ms landry could be held for 90 days she surrendered her id after lieutenant case threatened to hold her until she was identified 2 16 10 27 [Music] i just wish y'all just listened i did listen to you man i did listen to you man but i've explained my i need to be able i need to be able to sleep in my car when i need to you're also going to be trespassed from all gunners city parks today okay that y'all are you guys aren't you on good lord really i just want a real investigation not um sleeping with my dang kleenex right here my plate of food that i had earlier okay i mean it's obvious we don't know if you're passed out drunk or if you're passed out high or you're what it doesn't matter exactly so is she current negative okay is there anything else or anything she just needs to leave you need to leave the practice and not return okay if you return back you'll be pressing the risk trespassing what are you talking about you're being trespassed from all girls and city parks here lieutenant case informs ms landry that if she returns to the park she will be arrested for trespassing and that she is being trespassed from all guntersville city parks section 13a 7-4 of the alabama code states the quote a person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises and section 13a-7-1 clarifies that the term premises includes quote any real property section 13a-7 also states that an individual enters or remains lawfully in or upon premises when quote he is not licensed invited or privileged to do so a person who enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person therefore ms landry could only be convicted of trespassing for returning to a guntersville public park if lieutenant case was legally authorized to order individuals not to enter city parks while police officers are generally not within their authority to trespass individuals from premises without specific authorization from the owner it is possible that the guntersville police department has been authorized by the city to trespass individuals from parks however banning ms landry from all city parks also raises serious constitutional concerns as public parks have long been considered quintessential public forums that have quote immemorially been held in trust for the use of the public and time out of mind have been used for purposes of assembly communicating thoughts between citizens and discussing public questions as the supreme court explained in the 1983 case of perry education association versus perry local educators association in this case the court recognized that individuals have a quote right of access to public property and that quote in a public forum by definition all parties have a constitutional right of access and the state must demonstrate compelling reasons for restricting access to a single class of speakers a single viewpoint or a single subject although ms landry was not necessarily banned from the parks for speech-related reasons it seems more than reasonable to conclude that her protests to the officer's demands contributed to both her arrest and the decision to trespass her and even if the trespass order had nothing to do with her speech there are serious constitutional concerns involved in indefinitely denying ms landry her right of access to the public parks for simply sleeping in her car no i'm not yes ma'am give me that in writing i don't have to marry it's on video have a good day ma'am you've been told please leave it's lieutenant case please leave we're going to be focusing on linkedin lieutenant after she was arrested ms landry was charged with obstruction of justice criminal trespass resisting arrest and disorderly conduct her father buddy caldwell who served as louisiana's attorney general from 2008 to 2016 publicly criticized the charges filed against ms landry in a local news story arguing that the charges should be thrown out although many have speculated that ms landry received an undisclosed settlement from a lawsuit against the department the final outcome of the criminal charges is unknown as a court record search did not return any cases associated with her name overall the guntersville officers get an f for unnecessarily escalating a welfare check into a criminal investigation displaying a fundamental misunderstanding of reasonable suspicion and alabama's identification laws and for needlessly arresting ms landry because of her attitude the intent of loitering statutes is to discourage individuals from congregating in certain areas in a manner that restricts or hinders the use of some public utility or facility and it is difficult to understand what legitimate law enforcement purpose was to be served beyond ensuring that ms landry wasn't in need of medical attention this interaction could have ended peacefully and productively the moment the officers were able to ascertain that ms landry was medically stable and not a danger to herself or others but as seen on many episodes of ata the guntersville officers refused to allow ms landry to leave without supplying her identification despite having very little evidence of criminal activity the officers also failed to employ real de-escalation techniques and allowed ms landry's emotionally charged banter dictate the outcome of the encounter there are many questions to be raised regarding the conduct of the guntersville officers and there are equally as many questions to be raised regarding the constitutionality of gunterville's loitering code and similar laws all over the country this interaction highlights how easily a loitering statute can be arbitrarily enforced and offer members of law enforcement an avenue for circumventing first and fourth amendment protections ms landry gets a b because although she rightfully challenged the legitimacy of this stop she failed to invoke her right to remain silent allowed her emotions to dictate her conduct and maintained a hostile and confrontational attitude throughout the encounter ms landry was well within her rights to engage in a challenging debate with the officers about the legality of sleeping in a park or failing to show id however ms landry's argumentative rants did nothing to help her avoid being arrested and only serve to offer the officers an opportunity to use her words against her later in court it is clear that ms landry's emotions got the better of her during this interaction and that's reasonable considering that she was woken up to being accused of a crime while i do commend ms landry for remaining vigilant about her rights i would caution her to tame her passion and remain silent in future encounters be sure to give your support to felipe heming's channel for posting this story to youtube you can find a link in the description below let us know if there is 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 my second channel for even more police interaction content [Music] you

Channel: Audit the Audit

Views: 1,399,646

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: Nn2rO3ImmP0

Length: 16min 26sec (986 seconds)

Published: Mon Nov 15 2021

Reddit Comments

[u/Magjee]

She gets a bonus grade to A+ for not mentioning who her dad was during the incident

 

Also wtf was that bullshit at the end? she was detained and then trespassed and then almost immediately arrested

What a circus

[u/velocibadgery]

I know ATA says this about every channel that posts a video analyzed. Phillipe Hemming does not deserve any credit ever.

[u/[deleted]]

[removed]