Dash Cam SAVES Man From Corrupt Cop

foreign [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 First Amendment retaliation handgun licenses and Firearm policies and is brought To Us by Clear Lake Community watches Channel be sure to check out the description below and give them the credit that they deserve on July 20th 2022 auditor Clear Lake Community Watch who we will refer to as Mr Clear Lake drove past Deputy C Vega of the Harris County Sheriff's Office as he was conducting a traffic stop in Seabrook Texas Mr Clear Lake rolled down his window and yelled an anti-police sentiment including a profanity at Deputy Vega as he drove by Deputy Vega abandoned the traffic stop got in his vehicle made a u-turn and began to follow Mr Clear Lake Mr Clear Lake properly signaled and made a right turn and Deputy Vega activated his lights to pull him over Mr Clear Lake immediately pulled into a gas station and stopped his vehicle foreign why can't you tell me now because the reason I pulled you over if you're yelling something on the floor so what huh so what that's why you pull me over because I'm yelling I don't know if you needed help or anything oh I don't need help thank you I don't need help Deputy Vega claims that he pulled Mr Clear Lake over because he yelled out the window although he claimed that he was concerned about Mr Clear Lake's well-being rather than offended by the content of his speech the First Amendment prohibits government officials from taking retaliatory actions against an individual in response to their protected expression in the 2006 case of Hartman versus Moore the Supreme Court stated that quote official reprisal for protected speech offends the Constitution because it threatens to inhibit exercise of the protected right and the law is settled that as a general matter the First Amendment prohibits government officials from subjecting an individual to retaliatory actions including criminal prosecutions for speaking out as the fifth Circuit Court of Appeals which has jurisdiction over Texas explained in the 2002 case of Keenan vs Tejeda to establish a First Amendment retaliation claim a plaintiff must show that quote they were engaged in constitutionally protected activity the defendant's actions caused them to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that activity and the defendant's adverse actions were substantially motivated against the plaintiff's exercise of constitutionally protected conduct here it is nearly indisputable that Mr Clear Lake was engaged in protected activity as the Supreme Court has long held that profanity is protected speech under the First Amendment and Deputy Vega admitted that he pulled over Mr Clear Lake because he yelled out the window however it is less clear whether a court would determine that being subjected to a traffic stop that resulted in a warning and no citation or arrest would constitute quote an injury that would chill a person of ordinary firmness from continuing to engage in that activity in the Keenan case the fifth circuit held that this element was Satisfied by two traffic stops involving an undercurrent of violence that resulted in a minor citation and a criminal charge however the court also recognized that quote some retaliatory actions even if they actually have the effect of chilling the plaintiff's speech are too trivial or minor to be actionable as a violation of the First Amendment for instance in the 2009 case of Benson versus McKinney the U.S District Court in the Western District of Louisiana which is part of the fifth circuit held that a traffic stop resulting in a citation for which there was probable cause was not a sufficient injury for a First Amendment retaliation claim when the plaintiff did not allege that the ticketing officer threatened him or that the traffic stop was otherwise effectuated in an intimidating manner based on this decision the Western District of Louisiana noted in the 2012 case of Simmons versus city of Mahmoud that quote not all instances of detention by police would chill a person of ordinary firmness from continuing to engage in protected activity therefore it is possible that a court could conclude that Mr Clear Lake cannot pursue a First Amendment retaliation claim even though it is evident that Deputy Vega initiated the traffic stop for a retaliatory purpose however it is much more likely that Mr Clear Lake could succeed in a claim the deputy Vega violated his Fourth Amendment right by initiating a traffic stop without Reasonable Suspicion or probable cause okay what fun you can hear the sound on the dash cam too crack your window it's already cracked I can't see that well it doesn't matter here [Music] I don't wish to answer questions when you remain the identification I have to display this that's what they told me in the class that's what the law says and actually if I don't display there's really not much you can do because there is no penalty attached today I have to carry this if I'm carrying this I don't answer questions you got one on your hip so what Mr Clear Lake who is carrying a holstered firearm on his right hip displays his driver's license and his license to carry when Deputy Vega asks for his identification and then refuses to answer Deputy Vegas questions about if he has a handgun in the car under section 46.02 of the Texas Penal Code quote a person commits an offense if the person intentionally knowingly or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which the handgun is in plain view unless the person is 21 years of age or older or is licensed to carry a handgun and the handgun is carried in a holster as of September 1st 2021 Texas citizens who are not disqualified from carrying a handgun in a public place can do so without a license to carry also known as an LTC however individuals who obtain a handgun license are subject to additional requirements when it comes to interactions with the police under section 411.205 of the Texas government code quote if a license holder is carrying a handgun on or about the license holder's person when a peace officer demands that the license holder display identification the license holders shall display both the license holder's driver's license and the license holder's handgun license the statute does not require the LTC holder to verbally affirm if they are carrying a firearm or provide any additional information by displaying both his driver's license and his LTC when Deputy Vega requested his identification Mr Clear Lake complied with this statute entirely and was not required to answer any of Deputy Vega's additional questions about whether there was a handgun in the car no you don't know because you can't smell my breath oh really I don't think so yeah where are you coming from huh where are you coming from you told me where I was coming from are you done with this all right cool where are you coming from I don't answer questions I've already told you let me know when I'm free to go also what is your name your name Sheriff that's your name sir [Music] okay can I have can I have an incident number please oh a ticket a ticket okay Mr Clear Lake asks Deputy Vega for his name and Deputy Vega refuses to provide it instead he points at the name badge on his uniform and then tells Mr Clear Lake it will be on the ticket after making a snide remark about his English skills policy 302 of the Harris County Sheriff Department handbook which outlines the Department's requirements for so-called professional conduct by deputies and other hcso employees creates a so-called duty to provide official identification the policy states that quote all employees shall present their hcso identification card when requested by a member of the public when engaged in law enforcement activities or when in uniform although Mr Clear Lake did not request Deputy Vega's identification card he did ask for his name and Deputy Vegas rude and mocking response certainly didn't comply with the spirit of this policy however it should be noted that citizens generally cannot seek legal recourse for even Blake violations of police department policies unless the officer's actions also constituted a violation of statutory or constitutional law okay I don't want you egg a weapon in the court did I exit did I exit the vehicle did I exit the vehicle hey can I you do have a dash cam right very good you can just pull me over because I said the police I hope you realize that stupid of course she comes back also it's not typical behavior for somebody to be yelling out of the vehicle have you had anything to drink tonight is that your current address 1622 is that a question yes sir is that your current do I do I answer questions and why would you do that did you read my address on the driver's license you have an apartment number can you bear you have already seen it I've already complied with that part okay say that I've never met anybody quite like you that would uh yell at an officer doing their job but so let me understand may I ask you a question uh questions on there there's the address yeah no I have a question can you get your supervisor here please is the stopover stop is over you may leave all right [Music] well you said the stop is over right okay I'm not I'm not getting out I would okay there is no need to draw your way for men are you drawing your weapon [Music] I didn't get out of the car you told me that already yeah did I get out of the car go yourself yeah right over there you can after Deputy Vega informs Mr Clear Lake that the traffic stop is over he orders Mr Clear Lake to stay in his vehicle Mr Clear Lake opens the door to his vehicle but does not make any attempts to exit and in response Deputy Vega draws his weapon according to policy 505 of the Harris County Sheriff's Department handbook on the use and discharge of firearms quote the deputies unsnapping of the holster and placing a hand on the service weapon is permitted When approaching a possibly dangerous situation and quote Firearms may be removed from the holster and readied for use in situations where it is anticipated they may be required however the policy also states that quote Firearms shall not be displayed or pointed in a threatening or intimidating fashion unless it is objectively reasonable to believe deadly force is Justified or there is a substantial risk that the situation may escalate to the point where deadly force would be justified Firearms shall be secured and returned to their holsters as soon as practical when it is determined that deadly force will not be necessary another section of the policy requires deputies to quote exhaust all reasonable means of apprehension and control before resorting to the use of a firearm here the footage does not show whether Deputy Vega simply held his weapon or if he displayed or pointed it in a threatening or intimidating fashion but it is clear from Mr Clear Lake's reaction that he felt threatened it is possible that Deputy Vega was acting within the authority granted to him in this policy by removing the firearm from The holster when Mr Clear Lake opened the vehicle door because he seemed to anticipate that Mr Clear Lake might exit the vehicle with the firearm he was carrying however it is much more challenging to justify an intimidating display of the weapon as it does not seem that it would have been objectively reasonable for Deputy Vega to believe that deadly force was justified or even that there was a substantial risk that the situation could escalate to that point when Mr Clear Lake simply opened the door to his vehicle a warning warning for what failed to signal return indicator within 100 feet after the traffic stop Mr Clear Lake filed a public records request with the Harris County Sheriff's Office for the footage of the stop from Deputy Vega's body camera and dash cam as well as additional info about Deputy Vega the department claimed that his request was quote vague and or overly Broad and sent a request for clarification to the wrong email address Mr Clear Lake was not aware of this request until he went to the department in person in an attempt to obtain the documents as of the date of writing this episode Mr Clear Lake has not indicated that he has received any materials from the public records request Mr Clear Lake has also indicated that he intends to file a complaint and a lawsuit overall Deputy Vega gets an F for retaliating against Mr Clear Lake for exercising his first amendment rights initiating a traffic stop against him without Reasonable Suspicion and unnecessarily brandishing his firearm it is clear throughout the encounter the deputy Vega was angry with Mr Clear Lake for the sentiment he shouted from his window and and mentions his speech several different times throughout the encounter during the entire interaction Deputy Vegas seems to be looking for any excuse to take further action against Mr Clear Lake and he goes on several fishing Expeditions in an obvious attempt to obtain Reasonable Suspicion to search the vehicle or find some other justification to detain Mr Clear Lake for a longer time or arrest him this traffic stop demonstrates why it is essential that police officers respect the First Amendment and refrain from allowing their egos to dictate their decision making Mr Clear Lake gets an a for refusing to answer any of Deputy Vegas questions complying with the law while declining to provide any more information than was required and for taking appropriate action after the traffic stop although he used aggressive language towards Deputy Vega he was completely within his first amendment rights to do so Mr Clear Lake demonstrated throughout the interaction that he was well-versed in both his constitutional rights and his legal obligations as an LTC holder I commend Mr Clear Lake for filing a public records request following through when the records were not provided and pursuing a complaint and a lawsuit against Deputy Vega and it will be interesting to see how his case fares in court 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]

Channel: Audit the Audit

Views: 2,847,962

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: GN-qdMJVi4E

Length: 15min 38sec (938 seconds)

Published: Mon Sep 19 2022