Lambo Owner Catches LYING Cop

foreign [Music] welcome to audit the audits where we sort out the who and what and the right and wrong of police interactions this episode covers driver's licenses citations and qualified immunity and is brought To Us by daily driven exotics's Channel be sure to check out the description below and give them the credit that they deserve sometime in May of 2018 YouTuber entrepreneur and Supercar Enthusiast Damon fryer was traveling through Beverly Hills California when he was stopped by an officer from The Beverly Hills Police Department how's it going how are you good thanks can I see your driver's license please yeah sure thank you [Music] if you have your registration Insurance yep [Music] excuse me I said what brings you to California why would that be any of your business I'm just hanging out because you have a Canada driver's license you don't have a Porsche California driver's license I don't live here I give you Canadians that's exactly what I'm trying to figure out you're giving me smart answers but I'm trying to get to the bottom of something it's not a smart answer I don't you're not you're not Customs I don't need to explain to you why I'm here okay so you need a California driver's license to drive in California no you don't are you a tourist yes okay do you have your passport with you yeah can I see it yeah excuse me you have your international driver's license you're a cop you should know I don't need that I'm a Canadian citizen you have a treaty with us I'm going to exit the vehicle to get my passport yeah she's doing it just so you know no you don't okay we'll find out right now sure okay why'd you pull me over your modified exhaust just stops there's no modified exhaust okay and the what sit in the car the the what were you about to say stop saying you just ran I didn't run a stop sign just saw you which one we'll meet us sit down which one I just told you you're so busy asking me questions you're not answering my you're not listening to my answers I said don't want to meet us I didn't run any stop sign I have everything on camera okay that's fine so do I pardon I said so do I sir in the car don't get out man no I won't wow international driver's license he obviously doesn't know what he's talking about the officer asks Mr fryer if he has an international driver's license and informs him that he is required to possess a driver's license issued by the state of California in order to legally drive in the state the officer is likely referring to an international driving permit which is commonly mistaken as an international driver's license but does not carry the same degree of privilege as an actual license issued by a government body an international driving permit is a translation of a domestic driver's license that allows the holder to drive a private motor vehicle in any country or jurisdiction that recognizes the documents International driving permits are governed by three international conventions the 1926 Paris International Convention relative to motor traffic the 1949 Geneva Convention on road traffic and the 1968 Vienna convention on road traffic when a state is contracted to more than one convention the newest one terminates and replaces previous ones International driving permits are currently recognized by approximately 150 countries and jurisdictions under the authority of the Vienna and Geneva conventions respectively although the United States is among the countries that recognizes International driving permits they are not necessarily required in every situation and each state has the power to dictate what form of driver's license they choose to accept however in 1943 the United States entered into an exclusive agreement with Canada Mexico and other South American countries that allowed Interstate travel without the requirement for an international driving permit at the convention on the regulation of inter-american Automotive traffic furthermore while California vehicle code 12 500 states that quote a person may not drive a motor vehicle Upon A Highway unless the person then holds a valid driver's license issued under this code the code also clearly recognizes that certain persons may be exempt from this law and California vehicle code 12502 lists quote a non-resident over the age of 18 years having in his or her immediate possession of valid driver's license issued by a foreign jurisdiction of which he or she is a resident as a valid exemption Mr fryer is well within his rights to travel into to any American state without first acquiring a license issued by that state and that has been the case for nearly a century how you doing great how are you awesome man I'm allowed to film you I didn't say you weren't I don't know why you're shining the light of my camera then yeah you don't need to do that by following the camera very defensive sir why is that because you pull me over and you don't know what for Tony look at your camera you'll be able to see what for I didn't do anything though you lied about the the stop sign and you don't understand what it what exhaust is on my car yeah thanks so I'm signing you for not having California driver's license and I'm also citing you for having a modified access so go ahead and sign right here send a mission of guilt just promise you'll take care of the citation what's that for I just told you no you didn't what was it modified exhaust right one yeah you're not having California driver's license I don't need a California driver's license so can you sign here please and if I don't I have to take you to Joe really yeah here the officer informs Mr fryer that if he refuses to sign the citation then he will be taken to jail which aligns with California law under subsection B of California vehicle code 4302 an individual may be arrested and taken before a magistrate if they quote refuse to give his or her written promise to appear in court which essentially translates to refusing to sign a citation as the officer explains citations are not an admission of guilt and they service nothing more than a promise to appear before the court regarding the alleged violation as we have discussed many times on ATA officers are generally within their authority to arrest citizens for nearly any violation regardless of whether the violation is a misdemeanor or a felony offense and citations offer citizens a convenient way to avoid being taken to jail until they can appear before a magistrate if Mr fryer had refused to sign the citation the Beverly Hills officer would have been well within his authority to arrest him and take him to jail until a magistrate became available it should be noted that not all states have drafted laws that require requires citizens to sign citations and it is often left to the officer's discretion and departmental policy to determine the appropriate course of action the Beverly Hills officer also informs Mr fryer that he is being issued a citation for a modified exhaust and Mr fryer claims that he does not have an aftermarket exhaust on his vehicle section 27 150.1 of the California vehicle code prohibits the sale and installation of motor vehicle exhaust systems that fail to meet the regulations and standards applicable to the code and section 27 150.2 states that exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less than six thousand pounds May emit no more than 95 decibels of sound when tested in accordance with Society of Automotive Engineers standard therefore even if Mr Fryer's exhaust system was not modified in any way he may still be in violation of California's vehicle code if his exhaust emits a sound louder than 95 decibels when a citizen is issued a citation for a modified exhaust in California they are generally required to obtain a certificate of compliance from a state testing facility pursue to section 44036 of the California health and safety code to ensure that their vehicle is compliant with California's exhaust noise standard whether or not Mr fryer was actually in violation of California's exhaust laws is impossible to determine without the proper sound measuring equipment but the officer would be within his authority to issue Mr fryer a citation for a modified exhaust based on his observations and allow a court to determine whether the citation was in fact valid is that part of the like not having a driver's license California yeah so like I said it's not a night mission of guilt just promising you'll take care of the citation so with that being said your car your car is subject toe what why because you're driving rearing license in California I can do that no you can't yeah I can't have a Canadian driver's license it's not illegal to drive here with that okay that's what I'm telling you so my suggestion to you is I'm not gonna tour your car I'm letting you know that your car is up to the toe so with that being said I suggest that you probably go and park your car somewhere and not drive anywhere you understand that yeah okay do you have any questions about it yeah I just don't understand how you don't understand the law and how you're like enforcing something on me that's not legal okay like I said yeah it's all good you're innocent until proven guilty right yeah for sure the site it's an animation of Guild just promise you know Terry's care of the citation yeah with that being said sir if I see you again driving the car we'll tow it you have no permission to tow my car I do no you don't okay so I can do it now I'm choosing not to okay yeah so I'm gonna get into this little match with you I'm just letting you know and I'm advising right now because I would rather not do that because you know you can't I can I mean you can but at the end of the day I'm right you're wrong but you'll still do it I get it here the officer informs Mr fryer that his vehicle is subject to being towed because he does not have a California issued driver's license and Mr fryer disagrees as we discussed earlier Mr Fryer's Canadian driver's license is recognized by all 50 states is valid and the officer would not be within his authority to tow Mr Fryer's vehicle based on this violation all that said officers are permitted to make reasonable mistakes while in the field under the doctrine of qualified immunity qualified immunity is a legal concept that protects government officials from lawsuits alleging that the official violated a citizen's rights and was first formulated in the 1982 Supreme Court case of Harlow vs Fitzgerald the Fitzgerald Case established the notion of qualified immunity for federal government officials and it wasn't until the 1986 case of Mali versus Briggs that the Supreme Court considered expanding the protections offered by qualified immunity to state police officers the notion of qualified immunity is built upon the idea that off officers should not be subject to being sued for making an honest mistake in the field and whether or not an officer is entitled to qualified immunity depends largely on the reasonableness of their actions in the 1987 case of Anderson vs Creighton the Supreme Court held that quote whether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally turns on the objective legal reasonableness assessed in light of the legal rules that were clearly established at the time it was taken the court concluded that so long as an officer's actions were reasonable and no clearly established jurisprudence existed to show otherwise then they would be entitled to qualified immunity regardless of their actions there are a Litany of issues associated with qualified immunity but one of its biggest flaws is the notion that police misconduct must violate a right that had already been clearly established by previous cases which essentially leaves first-time victims of police misconduct with no legitimate recourse for their experiences for example in the 2017 Supreme Court case of Baxter vs Bracey an appeals court ruled that it was not clearly established that it was unconstitutional to release a police dog on a surrendering suspect sitting with his arms raised despite the fact that the sixth Circuit Court of Appeals had previously ruled that officers violated the Fourth Amendment when they released a police dog on a suspect who had surrendered by lying down the officers essentially hinged their argument for qualified Immunity on the distinction between sitting down with hands raised as a form of surrender versus laying down on the ground these ambiguous distinctions and what is and is not considered clearly established law are a major point of controversy and many legal Scholars contend that the current interpretation of qualified immunity has devolved into an all-encompassing shield to protect obvious corruption and misconduct since its Inception the qualified immunity Doctrine has been thoroughly criticized for failing to consider the Practical and human implications associated with the concept but nonetheless the Supreme Court has refused to consider cases challenging the legality and constitutionality of the doctrine although it has had many opportunities to address the subject so while the the officer was clearly wrong about his authority to tow Mr Fryer's vehicle there is a very high chance that he would be entitled to qualified immunity if he had decided to tow the car because of the lack of clearly established precedent regarding the legality of driving without a state-issued license is playing Hardball it's all good dude okay so like I said if I see you again I will tow your car sir yeah yeah okay have yourself a good night yeah you too man thank you after issuing Mr fryer citations for driving without a valid license and a modified exhaust he left the scene without further incident after conferring with his friends for a moment Mr fryer got back into his vehicle and drove to the Beverly Hills police station to file a formal complaint okay so tell me uh [Music] for myself okay thank you everyone yeah um so uh what documentation do you have like as far as your ID or license or because you got to understand I'm trying to recreate what you're telling me happened in the field yeah valid uh insurance and registration so you're visiting I am and you reside in British Columbia yeah in Victoria yes okay and that's all valid current information any foreign any foreign resident that has a a foreign issue driver's license I'm not a president no I'm just saying they can drive right so you gotta you got a citation for something you should not have received correct that's item one and then the threat to take my vehicle Away From Me based on that citation which doesn't exist okay so the good news is that did not happen you have your car I have my car at the moment but I want to go for dinner in Beverly Hills and I don't want to be harassed while I'm here for the rest of my five-day visit okay so then what is the desired outcome did you want me to speak to the officer about this what is your end goal what is it that you'd like to have happen correct I've been through this so uh I would like uh I'd like to file a complaint and I'd like the officer to be uh educated on the international Canadian U.S driving whatever the legal jargon is that I can drive on this license um and I'm not to have my vehicle towed if he sees me around Beverly Hills again okay I could very easily say I don't want to file a complaint I just want him to talk to the officer but I have a funny feeling in this situation that if he only talks to the officer there'll be nothing on record that I was ever here and that's ever happened so I'm going to make sure I file a complaint that way if this does happen a second time there will be a record of it so what kind of car do you have I have a 2016 Lamborghini Huracan I'm not a big car guy but that sounds expensive what else can we help you with all right nice to meet you take care sir thank you after filing his complaint Mr fryer left the station and went to dinner without any issues it is unclear whether Mr fryer followed up this encounter with additional legal action overall the Beverly Hills officer gets an F for Miss representing California's license requirements displaying a fundamental misunderstanding of the laws regarding foreign drivers and for threatening to tow Mr Fryer's vehicle despite having no legal authority to do so it is clear from the video that the officer was not within his authority to issue Mr fryer a citation for driving without a license but it is impossible to determine whether this officer issued these citations out of ignorance or negligence whatever the case may be it is difficult to justify being unaware of a nearly 100 year old agreement between major countries that directly applies to many aspects of policing and given the fact that Beverly Hills is one of the foremost tourist destinations in the entire country it's also hard to believe that this officer has never encountered a foreign driver's license before as mentioned earlier it would be extremely difficult for Mr fryer to seek any kind of recompense if his car had been towed to due to the current interpretation of qualified immunity and this interaction highlights the fact that qualified immunity can play a role in even the most miniscule and unassuming police encounters it should also be noted that the officer originally claimed that he stopped Mr fryer for running a stop sign but ultimately did not issue him a citation for it this is an interesting aspect of the encounter because it was the only offense that the officer would have had undeniable evidence to prove in court if he were recording the encounter as he claimed it is unclear why the officer did not write Mr fryer a citation for running the stop sign but it very well could have been because Mr fryer informed the officer that he had a dash cam and had been recording as well much of the officer's conduct in this interaction is questionable and subject to speculation but I will leave it to you to decide what you believe the officer's true intentions were Mr fryer gets an A plus for remaining calm and collected throughout the interaction respectfully challenging the officer's conduct and for following up this encounter with the proper channel of complaints despite being issued questionable citations threatened to have his car towed and likely subjected to an illegal entertainment Mr fryer remains sincere and professional through the entire stop this is the second encounter for Mr Fryer's YouTube channel that I have featured here on ATA and his ability to remain calm and cordial while challenging officers is commendable Mr fryer was well aware of the legalities surrounding foreign driver's licenses and he made a legitimate effort to inform the officer that he was making a mistake not only did Mr fryer follow up this interaction with a formal complaint but he also documented the entire process to ensure that evidence of his complaint existed independently from the paper form that he submitted to the department based on Mr Fryer's prior history with California officers he likely learned this from previous experiences with departments losing critical evidence in a case police departments and Municipal records departments are often understaffed and overburdened and it is not uncommon for them to misplace or blatantly mishandle body cam footage independently documenting police encounters and public information requests will guarantee that a record of the event exists without relying on the party in question to produce evidence against them ourselves I commend Mr fryer for navigating this encounter with calculated professionalism and I highly encourage you all to give the daily Drive Exotics Channel your support and let them know that ATA sent you let us know if there's 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: 2,244,006

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: tsEu20rfHVM

Length: 18min 26sec (1106 seconds)

Published: Thu Sep 16 2021

Reddit Comments

[u/Misha80]

Officer claims he filmed him running a stop sign, but doesn't cite him for it. That's how you know he was lying.

[u/EatSleepJeep]

Dumb fucking cop "You need a California drivers license to drive in California."

California State Tourism Board: "Dafuq you just say?!"

[u/Fun_Wonder_4114]

I know it's said a lot that you can't believe cops don't know the law. But with cops who perform traffic stops how can they not know these laws?