Doctor Removes Officer From His Property

[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 the use of force trespassing and officer conduct and comes to us from the mango house's facebook page 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 news voice the news affects almost everything in our lives the information we hear and read shapes who we trust what we eat what we buy how we vote and even the way we think the news voice app offers its users more control over the news and provides important context to the stories that affect you the most with news voice you get all the news and all the sources in one app so that you can make better decisions about the information floating around the internet and be better informed about the realities surrounding that information news voice links many different sources to each story with wildly different perspectives so you can dig as deep into the story as you would like news voice is available on both google play and the app store and best of all it's completely free you can support ata by downloading news voice using the link in the description and experience a revolutionary take on the digital news landscape thanks again to news voice for sponsoring this episode dr p.j parmar is a physician and community advocate who has founded several organizations which focus on providing services and care to resettled refugees in the denver area he is well known for his work at ardas family medicine and the mango house which collectively provide medical care and community services to refugees on the evening of march 1st 2020 dr parmar was moving boy scout gear from the mango house to his other property and as he attempted to pull into the garage area he noticed officer justin henderson of the aurora police department was blocking the lot entrance with his patrol vehicle dr parmar honked his horn at officer henderson and the officer exited his patrol car to confront dr parmar let me see your [ __ ] hands what are you doing send me a routine to uh you're on my property stay in the car no members of law enforcement are bound to a specific set of standards regarding the use of force when interacting with citizens most agencies draft their own policies that guide their officers use of force protocols these policies typically refer to an escalating series of actions an officer may take to resolve a situation this is traditionally referred to as the use of force continuum and generally has many levels officers are instructed to respond with a level of force appropriate to the situation at hand while acknowledging that the officer may move from one part of the continuum to another in an instant in 2009 the national institute of justice created a forced continuum example that offers insight on how the continuum is structured on the first level of the continuum officers are expected to exhibit a professional and non-threatening attitude and on the fifth level officers may use lethal weapons to gain control of a situation the nij continuum example states that lethal force should only be used if a suspect poses a serious threat to the officer or another individual dr parmar did not display any signs of danger to officer henderson and there was no indication that the doctor had malicious intentions by pulling into his property and honking his horn section 300.4.1 of the aurora police department's use of force policy acknowledges that firing a weapon at or from a moving vehicle is rarely effective and states that an officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes that there are no other reasonable means available to avert the threat of the vehicle or if deadly force other than the vehicle is directed at the officer or others officer henderson immediately drew his firearm after being honked at by dr parmar and later claimed that he was worried that dr parmar was going to use his vehicle as a weapon against him while he was sitting in his patrol car even if dr parmar had attempted to use his vehicle as a weapon it would have been against the department's policy to use deadly force officer henderson walked directly in front of dr parmar's vehicle and skipped several steps on the use of force continuum while approaching dr parmar with his weapon drawn even though dr parmar was stopped and clearly honking at officer henderson to get out of the way so that he could pull into his parking area you're in my property you can get off it now uh it's your property i own it you can get off it now okay can you show me i don't have to show you anything okay but you first off don't drive up on a police officer that's sitting there like that you don't swear at me okay you don't sit on my property without asking i didn't know it was your problem please leave the property now okay well you're trespassing there's signs that they trespass what i'm not trespassing on your please leave the property i got stuff to do the fourth amendment of the constitution was drafted to protect the personal privacy of citizens and provides for the right to be free from unreasonable government intrusion into their persons homes businesses and property law enforcement officers must obey the very same statutes set forth to protect personal property that they are charged to enforce and if an officer enters private property without permission and without a significant governmental interest present then they are trespassing and can be lawfully asked to leave the premises colorado has three distinct statutes regarding the offense of criminal trespassing colorado revised statute 18-4-502 is a class 5 felony and criminalizes the act of knowingly and unlawfully entering or remaining in a dwelling of another or any motor vehicle with intent to commit a crime therein colorado revise statute 18-4-503 is a less serious offense and is typically invoked when an individual unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced colorado revise statute 18-4-504 is the least serious trespassing offense and is unique because it deals with individuals who have trust passed on land or premises that are not enclosed or fenced this statute is the one that would apply to the mango house parking area because it is not a dwelling and it is not enclosed by a fence a person must commit each element of the offense knowingly in order to be guilty of the crime if a prosecutor is unable to prove that all elements of a trespass statute were violated then the accused will be found not guilty there are many defenses that officer henderson could take advantage of for proving his innocence regarding the initial act of parking his patrol car in the mango house parking lot and it is very likely that he would be found not guilty of trespassing for parking his vehicle in the lot without permission however once dr palmar arrived on the scene and told him several times to leave the property it was clear that officer henderson was trespassing and continued to remain on the property come on come on be on your way no i'm going to figure out whose property this is first get off the property i gotta unload crap okay well we're gonna figure out whose property this is first because i'm not taking your word for it it's gonna be a hard time getting by your car here you know you're going in on the wrong way too you know you're sitting in my property what's your name jay henderson officer henderson so i also clear people off of your property all the time they're trespassing [Music] you're making it harder for me to serve your community you get up my property i'd appreciate it i got better stuff to do than to play you on a sunday night i'm trying to do some work to help your community here okay you can leave now [Music] and he comes rolling in here like he's about to assault me with his car and then he's mad at me that i cuss at it so now he's videotaping me sir can i ask why you're not happy he's here because you're blocking me from doing work on my own property so could you just ask him to maybe back up so you can drive i did he jumped out of his car swore and he told me to get my hands up and so forth and he's not getting out of the way i've asked him about five times okay i paid 24 000 a year property tax get off the property so you not you would not like press to be on your property at all i don't want you on the property okay okay [Music] you want to back your car out so i can go out the go out the right way is there a reason why you came in the way you did like you were gonna freaking answer your question no that's actually yeah you do because it's easier to unload my car from this side it's actually careless driving neither the cell phone footage or officer henderson's body cam show the manner in which dr parmar drove his vehicle into the parking area so it is difficult to say whether dr parmar's driving was reckless but it is clear from the video that dr parmar entered the parking area from the wrong direction colorado revised statute 42-4-1402 states that a person who drives a motor vehicle in a careless and imprudent manner without due regard for the width grade curves corners traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving whether or not driving into the private parking lot from the wrong direction constitutes a violation of this code is debatable but officer henderson would be within his authority to issue dr parmar a citation and allow the courts to decide whether dr parmar's actions violated the code get off my property already will you guys the reason you don't like the police somewhat is there a reason you're sitting on that property blocking me from doing work now there's three again you want to use some of your guns and tasers i could very well i could very well cite you for careless driving if i wanted to go ahead please do it you got to move your other in a blog post written after the encounter dr palmer stated that the officers eventually left the scene without further incident and without issuing any citations he also stated that he initially felt too embarrassed to post the video online or seek legal help but in the wake of george floyd's encounter he found the courage to post the video the aurora police department has admitted that no incident report was filed on the interaction despite officers being required to document any encounter that involves them drawing their service weapon shortly after the video's release the apd launched an ongoing internal investigation into officer henderson's actions and dr parmar has since obtained legal representation and is filing a federal lawsuit in the district court overall officer henderson gets an f for failing to leave the property after being asked to do so several times drawing his service weapon in the absence of legitimate danger and threatening dr parmar with a petty citation in retaliation for being kicked off the property as mentioned earlier in this episode the fourth amendment protects a citizen's right to be free from governmental intrusion and officer henderson should have left the property the moment that dr parmar made it clear that he was not welcome there officer henderson's skepticism of dr parmar's ownership of the property was completely unfounded and his aggressive approach was both unwarranted and unprofessional officer henderson's failure to properly document the interaction is a clear violation of department policy and it will be interesting to see if he faces any disciplinary action once the apd's investigation is concluded dr parmar gets an a because although he may or may not have committed the violation of careless driving he maintained a relatively calm demeanor throughout the interaction remained vigilant in the face of officer henderson's unlawful commands and followed up this encounter with the proper legal action dr parmar is a staple of his community and has devoted many hours of his life to bettering his surroundings and providing for those less fortunate than himself and it is extremely concerning that someone of his social caliber would be treated as a criminal for telling an officer to leave his property officers are not entitled to entering whatever property they wish and dr parmar was well within his rights to remove officer henderson from his parking lot without fear of retaliation dr parmar's devotion to his community is remarkable and i commend dr parmar for his tenacity and selflessness i highly recommend giving your support to the mango house and all of dr parmar's other projects and i wish dr parmart the best in his ongoing lawsuit 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: 1,724,913

Rating: 4.8743553 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: SLp41twRa1w

Length: 14min 43sec (883 seconds)

Published: Fri Jul 24 2020