Lying Cops Get Schooled By Police Academy Graduate

[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 officer commissions disabled veterans and reasonable suspicion and is brought to us by the patosa's channel as the footage was originally posted on miguel mcqueen's channel but has since been removed 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 raycon i've been using raycon earbuds for years now and i never leave the house without them raycon's everyday earbuds look feel and sound better than ever and are perfect for any occasion thanks to raycon's optimized gel tips they have the perfect in-ear fit and are extremely comfortable you can enjoy up to eight hours of playtime 32 hours of total battery life seamless bluetooth pairing and booming bass for a fraction of the cost of other premium audio brands no wonder raycon's everyday earbuds have over 50 000 5 star reviews raycon earbuds also offer a ton of features to enhance your listening experience such as voice assistant activation and custom sound profiles raycon is so confident that you'll love their earbuds that they offer a 30-day free return policy so that you have absolutely nothing to lose click on the link in my description or go to by buy raycon.com audit to get 15 off your order and choose the color that fits your style thanks again to raycon for sponsoring this episode on may 22 2022 police academy graduate and retired disabled military veteran michael mcqueen parked his vehicle in a handicapped parking spot at a 7-eleven in the suburban dallas-fort worth area upon noticing the vehicle captain scott peters and sergeant sean fulgur of the joshua police department approached mr mcqueen and began to question him can we see some idea what for what's your probable cause to ask me for id it does not have a handicap placard read the plate man you you don't even know what you're talking about dv that's disabled veteran plate we can park in handicapped spots let me see some id please no you have no probable cause you're going down a bad road here really i've asked you a question okay and i have never seen anybody wear a police academy that's your business i wear it all the time do my to do my training i can do that because i'm a graduate i can wear the uniform i can wear it as a piece of course i have my certification what are you talking about why don't you run why don't you run the plate i gave you the pictures and what did you see you had to see the certificate certification you had to see it you had to see it you had to see it come on certification isn't on your tag when you run my name you can find it contact t cole why don't you contact them you saw my name call t call go mr mcqueen tells the officers to contact t cole to confirm that he is a commissioned peace officer t cole which is short for the texas commission on law enforcement is a state regulatory agency that is responsible for establishing and enforcing standards for law enforcement corrections and telecommunications personnel under section 1701.151 of the texas occupations code the commission has the authority to quote establish minimum standards relating to competence and reliability including education training physical mental and moral standards for licensing as an officer and according to section 1701.301 quote a person may not appoint or employ a person to serve as an officer unless the person holds an appropriate license issued by the commission t cole also manages continuing education requirements for peace officers and section 1701.352 of the occupations code states that quote the commission shall require a state county special district or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission training topics include civil rights racial sensitivity cultural diversity crisis intervention techniques and the recognition and documentation of cases that involve child abuse or neglect family violence sexual assault and sex offender characteristics the commission is also in charge of disciplinary actions against licensees such as reprimands or the revocation and suspensions of licenses and handles other administrative duties regarding the licensing and management of the state peace officer commissioning system in this situation t cole would be able to verify whether mr mcqueen was a licensed peace officer as it is the agency that would be responsible for his licensing i know i know about joshua philippe pd i know yeah yeah yeah yeah yeah so just go ahead and try it when you graduate i don't have to tell you anything don't ask me any questions because i'm not answering what why why why are you detained you're detaining me no no then my question is are you detaining me okay so then don't tell me where to go no no no no no ask him okay so you're sitting so you're standing here and i'm here so what are you talking about what are you asking me any questions for i'm not asking okay what are you telling don't give me any instructions don't give me any instructions no no since he has no probable cause to stop me and i'm not being detained he's got one minute and then i'm leaving first of all even you know if i have disabled veteran plate i can park in a handicapped spot even you know that's true no no no i didn't just change that it's been that way no sir mr mcqueen claims that individuals who have so-called disabled veteran license plates can park in handicap spots and have been permitted to do so for years under section 504.202 of the texas transportation code a veteran of the united states armed forces is entitled to register for disabled veteran license plates if quote the person has suffered as a result of military service at least a 50 service-connected disability or a 40 service connected disability because of the amputation of a lower extremity the person receives compensation from the united states because of the disability and the motor vehicle is owned by the person and has a gross vehicle weight of 18 000 pounds or less or is a motorhome disabled veteran license plates are generally required to include the letters dv on the plate and the words disabled veteran and u.s armed forces at the bottom of each license plate it should be noted that an individual can receive texas disabled veteran plates without being qualified to receive specialty license plates that display the so-called international symbol of accessibility commonly referred to as disability license plates section 504.201 of the transportation code allows individuals with a permanent disability to obtain these plates by submitting a written statement from a physician that certifies that the individual is quote legally blind or has a mobility problem that substantially impairs the person's ability to ambulate prior to 2022 section 681.008 of the transportation code allowed disabled veterans to park in a parking space or area that is designated specifically for persons with physical disabilities as long as they had disabled veteran plates however as of january 1 2022 texas senate bill 792 revised section 504.202 to allow disabled veterans who also have a qualifying permanent disability to receive disabled veteran license plates that include the accessibility symbol upon submitting a written statement from a physician and updated section 681.008 to only permit vehicles with disabled veteran license plates that have the accessibility symbol park in space is reserved for individuals with disabilities this change to the law is intended to ensure that only disabled veterans who meet the medical requirements the legislature has established for use of disabled parking spots can use them because mr mcqueen's license plate is not visible in the footage it is unclear whether he has the correct disabled veteran plates to legally park in the spot it's been that way for years i've had this for five years it's already been that way and and if he's a captain he should have known that but he didn't and your reputation is already bad from years ago you had a corruption scandal you had a corruption scandal you had to get rid of a lot of your pd's way before i got here and you got one amongst your ranks are you finished i gotta go if he knows if he's a new guy and you don't know then there's something wrong with you but he was ambulance here before then mr mcqueen and the officers discuss a corruption scandal that occurred in the joshua police department years ago they appear to be referring to an incident that occurred in 2013 involving officers being allegedly paid for hours they did not work in september 2013 it was reported that former chief annabeth robertson resigned after 18 years at the joshua police department after an audit performed while she was on medical leave identified significant discrepancies in the timesheets for at least one officer captain josh vincent and patrol officer jacob dupree also resigned as a result of the probe and officer nick garrett who was still in the probationary period was fired while former chief robertson later claimed that she was fired and did not resign city manager paulette hartman maintained that chief robertson resigned in the wake of the audit although the scandal occurred nearly 10 years before this interaction it is clear that it has continued to shape mr mcqueen's perception of the joshua police department did you check t cole did you call navarro he did call him okay so then so then you know you're feeling small now aren't you you should have run up on people you have no probable cause if you wanted to follow me or run my plate you could have done that talk to anybody but i don't have to talk to you i don't have to talk to you that's right i already told you that waste my time and you you supposed to be a captain and you don't know the disabled plates have a right to park in a parking spot and you violating people's rights huh running up on them without probable cause i'm in a uniform i have t-code certification i have t-code certification yes i do that's when you checked it who says who my certification doesn't say expired you want it to be expired because you see brown skin so take a walk yeah walk of shame don't run up on me again don't ever you run up on me again do you understand and learn the law and you better have probable cause before you run up on somebody in mr mcqueen argues that the officers did not have probable cause to detain him and captain peters claims that they had reasonable suspicion to stop him because he was in uniform as we have previously discussed on ata officers only need to have reasonable suspicion of criminal activity in order to conduct a brief investigatory stop known as a terry stop probable cause is a higher standard of evidence that officers must have in order to conduct an arrest legally it is unclear why captain peters believed that mr mcqueen's uniform was suspicious but if mr mcqueen's license plate did not comply with the new legal requirements under senate bill 792 the officers would have reasonable suspicion to investigate him for a violation of section 681.011 of the texas transportation code which states that an individual commits an offense if they park in a space or area designated specifically for individuals with disabilities without proper license plates or a disabled parking placard it is also possible that a court could conclude that the officers had reasonable suspicion to detain mr mcqueen even if the license plate had the required accessibility symbol in the 2014 case of hein vs north carolina the supreme court held that because it was thus objectively reasonable for an officer to think that a faulty right brake light was a violation of the law when it actually was not the officer had reasonable suspicion to stop the driver quote because the mistake of law was reasonable in reaching this conclusion the court explained that quote the ultimate touchstone of the fourth amendment is reasonableness to be reasonable is not to be perfect and so the fourth amendment allows for some mistakes on the part of government officials the limit is that the mistakes must be those of reasonable men the court also argued that quote reasonable men make mistakes of law too and such mistakes are no less compatible with the concept of reasonable suspicion reasonable suspicion arises from the combination of an officer's understanding of the facts and his understanding of the relevant law the officer may be reasonably mistaken on either ground in the hind case the court determined that it was a reasonable mistake of law for the officer to believe that two working brake lights were required instead of one due to the confusing wording of the statute and it is certainly within the realm of possibility for a court to decide that it was a reasonable mistake of law for the officers to believe that a disability parking placard was required however even if the officers did have reasonable suspicion it should be noted that texas law does not have a stop and identify law that allows officers to demand that individuals identify themselves during a terry stop section 38.02 of the texas penal code states that quote a person commits an offense if he intentionally refuses to give his name residence address or date of birth to a peace officer who has lawfully arrested the person and requested the information the statute also prohibits giving a quote unquote false or fictitious name when lawfully detained but does not criminalize refusing to self-identify during a stop based on reasonable suspicion therefore although the officers may have been within their authority to detain mr mcqueen they could not require him to identify himself unless they arrested him you don't have no reasonable suspicion because i'm on the same side of you no you aren't you i have kiko i am a graduate of the police academy okay just like you years ago you probably couldn't even pass the test right now you go you get going you had no probable cause i have peace officer certification just like you so go learn the law before you start teaching young people how to do the job you're a bad example to the young fellow over there you don't even know the rules of parking after this final exchange the officers and mr mcqueen all left the scene without further incident a little over a week after the may 22nd interaction mr mcqueen shared the footage of the encounter via facebook on may 30th 2022 although mr mcqueen's video originally garnered significant interest it has since been removed from facebook it is unclear whether mr mcqueen intends to take any additional action overall the joshua pd officers get a c-minus because although they may have had reasonable suspicion to detain mr mcqueen they demanded that he identify himself when it was not legally required for him to do so and maintained hostile demeanors throughout the interaction captain peters was especially aggressive and combative in his conduct and the other officers failed to intervene and de-escalate the situation sufficiently it is particularly concerning that captain peters adamantly disagreed when mr mcqueen argued that he and captain peters were quote on the same side while i recognize that captain peters may have been referring to the fact that mr mcqueen's peace officer commission may have expired it is alarming that a captain would not agree that police officers and everyday citizens are aligned in their interests attitudes like this build rifts between officers and the communities they're supposed to serve and i would challenge captain peters to reconsider his viewpoint mr mcqueen gets a b-plus because while he was at times unnecessarily combative with the officers and conflated probable cause and reasonable suspicion he unwaveringly advocated for his rights and refused to identify himself when he was not required to do so although it is possible that mr mcqueen may not have been aware of the most recent changes to disabled veteran parking laws i cannot say for certain without knowing whether he had obtained updated license plates with the required accessibility symbol and he at least demonstrated superior knowledge to the joshua officers who did not seem to understand that a placard was not required if the vehicle had compliant disabled veteran license plates i applaud mr mcqueen for standing up for his rights and refusing to back down when faced with unlawful police commands 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] you

Channel: Audit the Audit

Views: 1,359,362

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: sI3SQ3BHOJ8

Length: 16min 48sec (1008 seconds)

Published: Mon Aug 01 2022