Detained For Wearing A GoPro on a Motorcycle

[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 vehicle codes color of law and crime enforcement and is brought to us by fcn crazy auditors channel be sure to check out the description below and give them the credit that they deserve before we dive into the interaction i want to give a big thanks to the sponsor of this episode the commuter 2 speaker from cove the commuter 2 is the most functional and creatively ergonomic bluetooth speaker i have ever used not only does the commuter feature excellent build quality and a sleek finish but it also has a ton of features hidden within its design the commuter can last for seven hours on a single charge it has a water resistant rating of ipx7 and has a built-in microphone for taking calls but best of all the commuter splits into two speakers giving you full stereo audio while connected the commuter speakers offer a 360 surround sound effect and when separated the speakers convert into left and right stereo channels which makes it perfect for going from your desk setup to your laptop or tv right now cove is offering members of the ata community a 67 discount when you use code audit at checkout or click on the link in the description thanks again to code for sponsoring this episode on november 19 2020 youtuber and first amendment auditor cody shearer was riding his motorcycle through el dorado county in middle eastern california when he was stopped by officer bliss of the california highway patrol turn my radio down i see your driver's license registration and insurance so what do you pull me over for the gopro on your helmet the gopro on my phone yeah the fixture the mounting for 100 what's wrong with it you're not allowed to have that on your helmet you can't have anything protruded more than two millimeters off the surface of the helmet that's a crime it's not a crime it's an infraction okay so you pulled me over for a non-crime it's an infraction it's a moving violation you can't have anything on your helmet it compromises the integrity can i have the information i asked you uh please actually sir i mean the fact that uh you pulled me over for a traffic violation of a gopro on the top of my helmet which is for my safety it's kind of ridiculous i will not be consenting to any anything so if you need to get a sergeant out here that'd be great what's your name uh did i commit a crime i've stopped you for a traffic violation okay i've asked you for your information you're refusing to give it to me i'm not refusing to give it to you it's just i did not commit a crime and you pulled me over for a gopro on my helmet yeah it's a traffic file which is for my safety okay do you understand what i mean what's your name number bliss what's your bad number you answer my question and i'll answer yours what is your badge number sir would you answer my questions uh i'm cooperating so far i've pulled it over you have not produced your driver's license you have not produced your registration because you pulled me over for not a crime and in fact it's the stupidest thing you could pull me over for is that freaking camera is speeding a crime a camera is speeding a crime the camera on my helmet sir answer my question speeding i'm not answering more questions i'd like to speak to my lawyer can i have your information please you can get your sergeant sit tight officer bliss informs mr sheer that he was stopped because of the camera that is mounted on his helmet and mr shear insists that it is not against the law but the legality of mounting foreign objects to a motorcycle helmet is somewhat vague and varies from location to location there are 19 states which have drafted laws requiring the use of helmets while riding motorcycles while 28 other states have partial laws on the books and in illinois iowa and new hampshire helmets are not required at all given that the landscape of helmet regulation is particularly diverse it is safe to assume that cities and codes may also have local rules and regulations that establish different requirements california vehicle code 27802 grants the california department of motor vehicles the ability to adopt reasonable regulations establishing specifications and standards for helmets that are sold in california and the code cites section 571.218 of the federal motor vehicle safety standards as the minimum standard by which helmets should be constructed and used subsection 5.5 of the federal code states that a helmet shall not have any rigid protections inside its shell and that rigid protections outside any helmet shell shall be limited to those required for operation of essential accessories and shall not protrude more than five millimeters this is likely the code officer bliss is using for the basis of his stop however subsection 1 defines the scope of the code to apply specifically to the helmets as they are designed by the manufacturer this suggests that the code has no authority over what a private citizen does to a helmet once it is designed and sold by the manufacturer subsection 3 reiterates this argument by plainly stating that this standard applies to all helmets designed for use by motorcyclists and other motor vehicle users it is clear that this code is intended for manufacturers because it is primarily dedicated to highly specific safety regulations and testing standards that are applied during the design and development of helmets such as impact attenuation testing and helmet positioning indexing it appears as though officer bliss is attempting to enforce the authority of a code that only applies to manufacturers and after failing to convince mr shear to comply the officer returned to his patrol car for a brief moment before confronting mr shearer again i just want to let you know that i've i'm also recording this stop because i've asked you numerous times for your information and refusing to do so i'm not refusing if i commit a crime i would absolutely give you my id all right you've been stopped for a traffic violation oh you guys stopped for a gopro on my home and i've told you it's a traffic violation that's a big violation so go ahead and get your sergeant here okay i just told you it's a violation so you're still refusing to produce your information if you can articulate a crime that i have committed i will id until then i do not have the id and in fact this is a violation of my fourth amendment right and i am now invoking title 18 section 242 degradation of rights under color of law if you do one more movement without getting your sergeant here here mr shear informs officer bliss that he is invoking title 18 section 242 and that the officer should be wary of his actions moving forward title 18 of the united states code serves as the central criminal code for the federal government and covers both federal crimes and the federal criminal procedure section 242 of title 18 is the federal code that criminalizes the act of willfully depriving a person of a right or privilege protected by the constitution or other laws while acting under the color of any law the phrase color of law includes acts not only done by federal state or local officials within their lawful authority but also acts done beyond the bounds of that official's authority if the official is pretending to act in the performance of their duties the code is designed to protect citizens from government officials and punish those officials whose misconduct results in a deprivation of rights or suffering section 242 originated from section 2 of the civil rights act of 1866 and although the code has been amended and moved around the codebook several times its core principles remain relatively unchanged under the current version of the code violations of section 242 are punishable by everything from fines to the death penalty depending on the severity of the crime to secure a criminal conviction under section 242 the plaintiff must establish three elements one the defendant acted under color of law two the defendant acted willfully and three the defendant deprived the victim of rights under the constitution or federal law or subjected the victim to different punishments on account of the victim's race color or alien status it is important to note that section 242 provides no private right of enforcement meaning that victims of official misconduct cannot sue under the code but may seek civil recourse through a different statute victims of police misconduct who wish to file criminal charges against an officer under section 242 must also file a claim under section 1983 of title 42 if they are seeking compensation for the officer's acts along with criminal prosecution given that section 242 is an established and clearly defined code it is not necessary to invoke its authority during a stop but there is also likely no harm done in acknowledging its existence as mr sheer has demonstrated did you hear me did you hear me get your sergeant here get yours i'm done speaking to you i told you i am done talking i am now invoking my fifth amendment right to stay silent thank you fail to produce your information then what you're gonna arrest jeopardy about being so kidnapping and i already invoked title 18 section 240 how is that kidnapping you'll find that out in court so you're failing to identify you'll find that out who are you familiar with are you getting your sergeant are you familiar with section penal code not listening to a lawful order are you listening to my lord you are not this traffic stop is unlawful especially since i told you this is a violation my fourth amendment right and you pulled me over for a gopro which i told you as a traffic violation well i'm going to stay right here and i'm staying silent okay until i speak to my lawyer do you really want to go to jail do you not want to get your sergeant i've called him okay good well i'm just staying silent until he's here and i talk to him okay bliss please step away from me with your bad your gun and your fake costume i'll be right here officer bliss returns to his patrol car and deputies from the el dorado county sheriff's office arrive on the scene minutes later after two of the deputies failed to reason with mr shearer for several minutes el dorado county sergeant lee arrives on the scene so what's going on so it was a great day okay okay i was just out enjoying my day and i got pulled over for having a gopro on my home okay okay and so i let bliss know that you know this is a violation of my fourth amendment right the fact that i was just traveling i was following all the rules and laws of the road traffic safety and nothing and then he gets behind me and pulls me over for a gopro and tries to tell me that that's a violation of whatever code what safety code what does it even matter you know what if i had a fin on my on my helmet would it what if i put my visor up is that now a violation of the traffic code like look how close my advisor is being as high as my gopro what violation what crime have i committed please tell me okay so you're in violation of the california vo code which says you can't have that mounted on your helmet okay so can you tell me what that is card what what code is that i don't know what code okay look that up and also tell me what crime i committed regardless it's an infraction okay it's like speeding and i'll see them in court correct absolutely and i'm going to see a fun day in court make sure you're ready for a full day buddy and we need your information so i need your time i have not committed a crime a crime do you know what a crime is do you understand what we're saying we just i see i understand is what i just did a misdemeanor or a felony it's infraction exactly there's no crime in an infraction therefore i have no need to have your driver's license so we can identify the thing i technically don't even need this license plate okay i don't even need a driver's license okay it's the fourth amendment this is my property on public roads and i'll i'll make sure you understand that in court okay my lawyer will definitely make sure you understand that but when i i'm pulled over if i haven't committed a crime i do not have to id he shouldn't even be pulling me over unless it's a crime and i understand you guys have a job and you're not used to being told that but some people do know their rights mr sheer tells the officers that he would identify himself if he were suspected of a crime and implies that an infraction is not a crime most states recognize three distinct categories of criminal charges and california is no exception the most serious crimes are known as felonies and they typically carry a sentence of greater than one year of imprisonment felony charges generally involve acts of violence or grand theft misdemeanors are less serious than felonies and the punishment for misdemeanor violations depends upon the seriousness of the crime misdemeanors carry a sentence of up to one year in jail along with applicable fines and may result in additional punishments such as a license suspension infractions are the least serious crimes and are not punishable by jail time however because infractions carry no risk of incarceration citizens are not entitled to legal representation or a trial by jury infractions are usually punishable via a fine but citizens may also receive community service depending on the violation common examples of infractions include traffic tickets noise ordinance violations and jaywalking some statutes can be charged as either an infraction or a misdemeanor at the prosecutor's discretion these laws are typically referred to as woblets the supreme court has routinely recognized that officers have the authority to stop and investigate citizens who they reasonably suspect have committed an infraction or any other crime and california has drafted specific laws regarding the enforcement of infractions california penal code 19.7 states that all provisions of law relating to misdemeanors shall apply to infractions including but not limited to powers of peace officers jurisdiction of courts periods for commencing action and for bringing a case to trial and burden of proof this code essentially grants california officers the ability to enforce infractions with the same degree of authority as misdemeanors so if officer bliss had stopped mr shearer for a legitimate infraction then he would be required to present his identification and follow all the standard protocols for any other police interaction and although this stop is likely invalid it would still be in mr shear's best interest to comply with the officers now and dispute the stop later in court okay i'm one of those very few people are you not going to give us your id or anything am i okay so you're going to threaten me with uh jail i've just asked you a question do it would i go to jail if i don't id you go to jail are you are you arrested is this a threat of arrest if i don't id i'm asking you are you going to give us your id and i'm asking you am i going to be taken to jail if i don't i'm asking a question with a question he asked you a question answer the question you are my servant i am not your okay i'm just asking a question before i answer a question are you threatening me threatening me with arrests so he can fill out his citation so then we can give you a summons to go to court so then you can come to court and then talk to the judge you know how easy it is for him to just put his tail between his legs and say take that off your helmet so what happens what i'm asking is what happens if i don't give you the id well we need to satisfactively identify you okay we can do that right there okay or you can go in on your fingerprints and do all that kind of good stuff so you are threatening me with arrest i'm not threatening you looking with booking putting me in the back probably putting hearing cuts on me will you provide us with your identity am i being detained right now will you rise with your yes okay so i'm being detained i'm being threatened with an arrest not being threatened oh booking booking i'm being threatened with being booked okay by is it sergeant yes sergeant lee because of tyrannical bliss i'm to hand this over thank you there you go identify who you already have identified and i'll see you in court after surrendering his id and delivering a few choice words to officer bliss mr shear was cited for motorcycle safety and the officers eventually left the scene without further incident mr shear told me that he intends to file complaints against the officers and he is still waiting for his citation to appear in the state's registry he also told me that he intends to take legal action against the officers but he is waiting to see whether the ticket is actually filed or not if you would like to stay up to date on mr shearer's story then i highly recommend following his youtube channel which is linked in the description below overall officer bliss and the el dorado deputies get a c-minus because although they were relatively courteous and peaceful the officers displayed a fundamental misunderstanding of the law and detained and cited mr shearer for a code that applies to helmet manufacturers not private citizens officer bliss approached this stop with a measure of confidence that was built upon a misconception about the law and his willingness to issue a citation demonstrates the scope of his misunderstanding if this stop were to be challenged in court it is likely that officer bliss would be entitled to qualified immunity given that the laws and regulations surrounding helmet-mounted cameras are relatively new but that does not excuse his decision to issue mr shear a citation if officer bliss had taken a moment to make certain that he was interpreting the code correctly then the escalation of this stop could have been avoided entirely all of the officers involved in this interaction have a plethora of resources available to them to ensure that they carry out their duties correctly but none of the eldorado deputies questioned officer bliss's conduct and sergeant lee openly admitted that he did not know what ball mr shear was breaking although the officers remained cordial throughout this encounter their police work was sloppy at best and will likely result in the charges against mr shire being dropped mr sheer gets a b-plus because although he did a great job of remaining calm and challenging officer bliss's charges he also failed to effectively invoke his right to silence remained relatively hostile throughout the interaction and displayed a fundamental misunderstanding of criminal infractions as mentioned on many episodes of ata it is always best to comply with an officer's demands even if you believe them to be unlawful so that you can build the best possible case against an officer in the event that misconduct occurs mr shearer's decision to comply with the officers allowed him to avoid going to jail while still maintaining the possibility of subsequent legal action it should be noted that a significant portion of this encounter was edited out of this episode for the sake of brevity but in the full version mr sheer makes several comments to the eldorado deputies that suggested that he subscribes to sovereign citizen-like ideologies after personally speaking with mr shear i got the sense that he is somewhat well informed about constitutionalism as a whole but is still developing his own personal philosophies about what the constitution means to him and how its protections function on a practical level mr shearer told me that he does not consider himself a sovereign citizen but he does believe that some of their ideas hold merit there are pros and cons to all philosophies and mr shear's personal belief system has no bearing on his grade what matters here is how he conducted himself and the legality of his actions i commend mr sheer for following up this interaction with the proper legal action but a more professional attitude would certainly serve him well in court it'll be interesting to see how mr shear's case develops and don't forget to check out his channel to follow along for yourself 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 like and subscribe for more police interaction content [Music] you

Channel: Audit the Audit

Views: 666,327

Rating: 4.8118057 out of 5

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: Hp8Cgk2EU80

Length: 19min 2sec (1142 seconds)

Published: Thu Dec 03 2020