Entire Family Arrested For Refusing Inspection

[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 agricultural code the Fourth Amendment and administrative inspections and is brought to us by Gavin seams channel be sure to check out the description below and give them the credit that they deserve let's dive right in and audit the audit on the night of August 16th 2015 46 year-old Lakeport resident Bradley Fineman along with his two sons drove through an agricultural inspection station on Interstate 80 in Truckee California near the Nevada California border in an attempt to film a video about the constitutional legitimacy of the station after passing through the station twice without incident the family was stopped and procedurally asked whether they were in possession of agricultural contraband you don't answer questions I'd like to go there we're gonna go you're gonna go yeah this is just an agricultural inspection I'm wondering where you traveling from it's none of your business my business yeah hey Stacy can I get your help out here please I'd like to keep your I mean I actually need to know if you have any agricultural articles on board no no you know I do know it's my job I get we're gonna drive we're gonna keep driving no thank you see you're free to go yeah I'm gonna keep driving no window okay so do you have a warrant do you have a warrant you're not because you're not expecting anything without a warrant do you have a warrant I don't need a warrant yes you do you know the Fourth Amendment there is no search here doesn't then you're not gonna inspect well you're an amendment that specifies searching it's the freedom or it's a freedom for being inspected searched well no yeah do you know the Fourth Amendment you're speaking of two separate incidents or smithers I'm free from warrantless searches there is no search here there is an inspection what are you inspecting they can't what do you inspected what are you inspecting we're inspecting for a number and where are you inspecting now I'm gonna quit driving so what part of vehicle are you planning to inspect back you might oh you mean inside so that's a search it's not a search that's exactly what a search is don't you understand the Bill of Rights I'm not going to engage in this with you in other words you don't understand the Fourth Amendment and we will no you're not you're not doing any you're not doing any search whatsoever I don't care what you call it if you open up this vehicle to inspect something other than the Fourth Amendment I'm not you might want to call it something different but if you try to get inside this vehicle that's a search that's a warrantless search you want to watch because I will are we free to go No so you're detaining me no so then I'm free to go am i and my property are we free to go you are free to go okay where you'd like to you can't seize my property that's my property I think is interesting is the the variety of words that she's using instead of search she's using inspection so an inspection apparently isn't the same thing as a search while an inspection is technically considered a search there's a lawful distinction between an administrative inspection and a search executed by police officers in the 1967 case of Kamara the Municipal Court the Court determined that because an agricultural inspection is not a search which has as its design the securing of information which may be used to effect a further deprivation of life liberty or property and the fact that it is doubtful that any other canvassing technique would achieve acceptable results the necessity for these searches satisfies the probable cause requirements in the 1980 California Court of Appeals case of people V Dickinson the court noted that it is impossible for probable cause to develop for the plant quarantine officer to believe a maggot infested quarantined pest ridden Orange was in the trunk of a vehicle and that it is reasonable to assume that a piece of fruit or other plant tossed into the trunk may be forgotten or totally unknown to the adult in the vehicle given that the motorists are not taken into custody if they possess offending plants and that the quarantine officers are looking for offending plants not contraband the inherent time constraint of a warrant only hinders the effectiveness of the inspection stations and are in turn not a violation of the Fourth Amendment multiple other Court decisions have affirmed that inspection stations are not in violation of the Fourth Amendment and mr. Fineman is effectively saying that his literal interpretation of the Fourth Amendment is more accurate than the plethora of legal scholars and professionals which have dedicated years to studying and understanding the law even though this is my property but your definition of an inspection looking in the vehicle for possible host material good for agricultural passes okay what is your definition of a search I don't have a definition president I don't you don't I inspect so you think that word frees you from the obligations that you think that frees you it gives you some right above the Constitution or let your question right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be searched after a lengthy and unproductive verbal exchange the inspection officer decides to return to her duties and contact the California Highway Patrol like to wake here for the Highway Patrol or you can wait in the parking lot if you're not waiting anyway I think you've already called I'm gonna go ahead and take care of my okay then we're gonna go thank you [Music] hi tomato and now he has like yeah now he's got his lights on finally okay well he looks let's look at the mark vehicle lease your ID no thank you I haven't violated any laws here do you have because no I asked the AG station you violated the Food and Agricultural code by nada you either have to go back out of state no we're at the beach okay I actually live in the city 109 f4 requesting additional subjects yeah what's your name officer McDonald officer McDonald I'll just get out we'll talk about it we can straighten this out and you're on the way actually I don't need to get out of my vehicle you can yeah you can do because I'm telling you to know do you have a warrant okay I'll probably cause don't leave okay oh I'm not leaving this is a complete violation of my right every single time we come through an inspection station it's just if you stand up for your rights this is what you get I'd like to be free to travel and this is what I get I get a an overzealous inspection manager and now a cop all of them want to infringe on my right my freedom to travel my have the right of property to be free from search seizure okay yeah I haven't ruled down here's the deal we're not gonna sit out here all night so it won't come out of the car I'd like to go home do you have a warrant to search that's as far as I'd like to roll it down no it's not okay step out of the car and with your ID or we're gonna have to force entry or not it's not gonna be nice but you don't have a warrant you're broke the law I didn't break any law you did I did what law did I break you broke the law at the AG station what law the law California Food and Agriculture Code okay do they Trump the Constitution California Food and Agricultural code five three four four states that it is unlawful for the operator of any vehicle to fail to stop the vehicle at an inspection station or to willfully avoid an inspection station or to fail to stop either upon the demand of a clearly identified plant quarantine officer or upon the demand of the California Highway Patrol for the purposes of determining whether any quarantine is in violation while mr. Fineman did stop at the station he did not allow the inspection officer to determine whether any material in his conveyance was in violation of a quarantine order come out get a ticket for the agricultural violation and you're on your way we're gonna you're gonna be going to jail tonight what's alright so they have a right to search my vehicle no without a warrant or you can refuse the search ideas and go back to Nevada I live in California that's you can see use a search we have to go back to Nevada so you have a warrant we don't need a warrant your violation the law I'm not in violation of law okay make your try half I have the Fourth Amendment right here take your choice do you want to go to jail or just sign a ticket why would I go to jail you're gonna go to jail depending on their age they're also going to go to Child Protective Services you're threatening to take my children from me yes we are Wow so cool let's write a ticket and you're on your way you can ride it taking a handout right to me no I don't have an ID driver's license I didn't violate any any traffic violation your driver's license and registration insurance I'll write the ticket and you're out of here no I didn't violate any laws okay I'm trying to make this easy on you I'd like to go that would be easy it was gonna show how unreasonable you're be right hopefully I'm a free citizen did you guys take a note to defend the Constitution oh so your constitutionalist is what you're saying yes okay yes I am oh yeah what are you did you'd four you've you've what what's that comes with this before you've had problems with this before with a constitutionalist did you did you take a note to defend the Constitution I'm not sidetracking I have a right to go about my business to be free of searches and seizures so amendment four says the right of the people to be secure in their persons you don't want to listen can you roll down the window a little so I can talk to you yeah who are you my name is Eric striker I'm a sergeant with the Highway Patrol I'm off-duty because they've they're dealing with you and what's your badge number one six zero three five move out the window so I can talk to it cuz I can't I can't communicate how to a window that's as far as I'd like to roll it down not even down yeah it is okay so listen I'm just gonna be very honest and tell you how this is gonna go down okay they need to get some information from you so yeah all right hold on just listen this is my turn I'm going to tell you how it's gonna go okay they're gonna write you a ticket and that's all this is can you put so I can just I need to have I communication what's all I'm doing just don't keep it my face so he all you that wants to do is write you a ticket if you can't do that this is I'm just being very honest we're gonna have to break the window and get in and take you out and then you have to go to jail so this is totally unnecessary you don't need to go through this unnecessary on your part I I would like to travel home this is your choice right now this is not something I want to do you're not cooperating we've given you every opportunity we can I haven't broken any law in the 1972 case of Adams V Williams the Supreme Court rejected the notion that reasonable cause for an investigative stop can only be based on the officers personal observation rather than information supplied by another person and declared that a report of criminal activity by a relatively credible source can serve as reasonable suspicion to conduct a stop the court expounded upon the Williams ruling in the 2014 case of Navarrete V California by declaring that even an anonymous tip can serve as reasonable suspicion in certain circumstances even if mr. Fineman truly hadn't broken the law at the inspection station the officers had been summoned by a reliable source which gives them reasonable suspicion to execute a traffic stop it is against California law for a driver to refuse to present an identification during a traffic stop even if the driver believes the stop is unlawful mr. Fineman is committing an offense that is completely separate from the original agricultural code violation do you want to give the driver's license up right now or do you want me to break your I would like to be free of searches and seizures yes unless you haven't worn do you have a warrant do you want me to break your window right now or not do you have a warrant we don't need a warrant right you don't need a warrant you know for not for a citation no you don't you need a warrant to search my vehicle that's the original cause I'm gonna break this one if you're okay with it because I'm not okay with you breaking any of my property let's break the window so we can get in and get him out this is film this is your choice right now no it is my choice break my Theodore's going down don't worry my window won't you yeah don't break my window you will be sued for breaking my window I'm breaking your window and as you're gonna get dragged on you're going to jail you have no warrant what was it what was the original stop for running the bug not stop with your thoughts I know I stopped for a while I filmed that so you know you didn't refuse it in specs you don't have to be inspected you can go back to Nevada sign a piece of paper and it's not a sinner yet so they don't want you I don't want to search you we don't want to search I don't want you to sign a ticket right now that's it and you're on your land give me the ticket I need your license registration insurance a ticket for violating the inspection section for the food and add code for violating that section and then you can go to court on it I believe me I want to do it this way I don't want a break window I don't have to take the kid I'd like to be free from all these searches I'd like to be treated as well nobody searching anything I will not search the vehicle she's threatened to search my vehicle I said no I don't want to be searched I know if you're under arrest we're gonna inventory the vehicle you need probable cause no we don't you went through they trumped the Constitution records indicate that agriculture is the number one business in the state of California California produces 40% of the nation's fresh fruit 33% of the fresh vegetables and 10% of all agricultural products in the United States there are 12 commodities of which California produces 90% to 100% of the crop the purpose of the quarantine system and the inspection stations is to preclude admission into the state of 29 different pests which have been quarantined after it having been ascertained that they are destructive to the crops of the state there is testimony that the only effective means to preclude quarantine pests has proven to be the system of inspection stations once pests are introduced into the agricultural crop it is not a simple matter to eradicate a real-world example of the damage that pests can cause is the 1976 case of the gypsy moth which was trapped in the city of San Jose the gypsy moth causes severe damage to trees during its larval stage and can fundamentally restructure the composition of forests it required over a million dollars in three years to eradicate the gypsy moth from a three-block area not only has multiple courts determined that agricultural inspection stations are constitutional under the Fourth Amendment but they are indisputably vital to both regional ecosystems and state and local economies I'm giving you one more chance and this is it and I'm breaking your window that's all there is to it well you're gonna violate my rights don't break don't break the window don't break the window don't break the window searches or seizures the show some warrant will open up I promise wait wait one sight one second just wait a second if you show me a warrant I'll let you search the entire vehicle I don't want to search your vehicle I want to see I want you to put your little driver's license out the window and then that way you know if I'm doing this it's very simple but I didn't violate any laws I stopped the officers break the window and arrests both mr. Fineman and his 20 year old son Vincent the minor in the vehicle faced no charges mr. phiman went to court in Truckee and was convicted of obstructing or resisting an officer by using threats or force failing to obey the lawful order of an officer and refusing to comply with an inspection Vincent Fineman was also convicted of obstructing or resisting an officer by using threats or force mr. Fineman was sentenced to 12 days in the Nevada County Jail and 30 hours of community service and his son was sentenced to four days in jail and 20 hours of community service initially facing felony accusations the fineman's were convicted of misdemeanors overall mr. Fineman gets an F for being grossly misinformed on the intricacies of the Fourth Amendment and constitutional law as a whole subjecting his family to a potentially dangerous encounter with police officers to illustrate a petty and ignorant interpretation of individual rights and forgiving the constitutional activism community a bad reputation by engaging in poorly planned and executed acts of rebellion as an activist it is your duty to fully comprehend the broad spectrum of nuances surrounding your cause and mr. fineman's lack of clarity concerning agricultural inspection stations and their association with the Fourth Amendment is a testament to his shallow interpretation of the Constitution if mr. fineman's true goal was to challenge the legitimacy of inspection stations then he should have complied with the ticket and used his constitutional rhetoric to potentially argue his case in a courtroom rather than putting himself and his family at risk mr. fineman's interaction is a prime example of the reckless conduct which will ultimately have a devastating impact on the legitimacy of the constitutional activism movement and I urge fellow activists to exercise a degree of caution and expertise before carelessly invoking your individual rights the responding officers of the California Highway Patrol get an A for their unceasing patience professionalism and civility the CHP officers exhausted all alternatives before forcefully entering the vehicle and attempted to reason with mr. Fineman as much as possible upon entering the vehicle the officers maintained concerned for the safety of mr. Fineman and his family and never brandished a weapon or threatened violence I commend these officers for acting reasonably and within the bounds of their authority and for their willingness to compromise with mr. Fineman despite the absurdity of his conduct mr. Fineman could have driven home with little more than a citation and a chance to present his case in a courtroom but instead he solely escalated this interaction into an arrest at no fault of the officers let us know if there's an interaction or legal topic you would like us to cover in the comments below thank you for watching and don't forget to Like and subscribe for more police interaction content [Music]

Channel: Audit the Audit

Views: 2,047,195

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: 3YARMZsFFCM

Length: 22min 19sec (1339 seconds)

Published: Thu Nov 07 2019

Reddit Comments

[u/anonymousforever]

I've had to deal with "agricultural inspection stations" in Florida. Simply stating I didn't have any agricultural products was all it took to get past them.

Why the guy went through the inspection point multiple times trying to get stopped is probably why they went hardball on him. 3rd trip in a short time someone recognized the truck and thought they were pulling crap...

[u/[deleted]]

What'a dipfuck.

I have been through that station a stupid number of times. Each and every time I say "nope" and drive on through. The idiot wanted trouble and he got it.

[u/_Hi_Guys_]

That cop gave him SO many opportunities

[u/BCM072996]

I would have smashed his window and said “and NOW we are allowed to search this vehicle.”

[u/eyal8r]

I really wanted to see the window get broken and him dragged out in cuffs. Lame.

[u/Lord_Markovnikov]

The more you resist, the more you look suspicious