Officer Arrests Citizen For Asking Too Many Questions

[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 k9 searches consent to search and secured containers and comes to us from M force channel be sure to check out the description below and give them the credit that they deserve now let's dive right in and audit the interaction on December 4th 2018 Virginia resident known as the moniker m4 was delivering auto parts for his employer when he was stopped by Officer Hogan of the Buena Vista Police Department for an expired registration sticker before we dive into the interaction I want to give a big thanks to the sponsor of this video raid shadow legends raid is one of the top three RPGs on the Google Play Store with over 15 million downloads in just the last six months raid is an epic dark fantasy turn-based RPG that offers everything you love about mobile gaming in one insanely polished package raid is loaded with tons of playable characters over a 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community there's always something to do in Rey and you can download raid right now completely free for both iOS Android Hales going master Hogan Buena Vista police farming gets a license in your registration with you [Applause] while pushovers your inspection sticker [Applause] we head to now Lexington okay coming from Lynchburg I have to answer these questions good all right well all right [Applause] in the 2015 case of Rodriguez V United States the Supreme Court ruled that police officers may not extend the length of a traffic stop to deploy a k-9 unit in an effort to either gain probable cause or a search of vehicle since that decision the Rodriguez ruling has been invoked in multiple cases to argue against the validity of a k-9 search although the Rodriguez ruling did make some headway on the issue of roadside canine searches officers have since adopted certain methods of circumvention which allow them to adhere to the standards of the Rodriguez ruling while still being able to run a k-9 unit around the perimeter of a vehicle one such method is to immediately summon a backup officer to take over the duties of the original traffic stop so that another officer is free to deploy the k-9 and that is exactly what Officer Hogan does here all right sir what we're gonna do is um get your dog I'm gonna get you get out of the car get your stand over there normal run my dog around your car okay what if I don't consent you don't have I mean you don't that's not part of it what do you mean I'm not asking for consent so you don't need consent to a search of vehicle no not to run my dog on the outside your car I do not can I just sit in here and roll the window up aside from limiting the viability of deploying a k-9 unit the Rodriguez ruling also established a hazy and poorly outlined limitation on the length and scope of traffic stops officers do not need consent to use a k-9 unit but the court declared that once the core mission of a traffic stop is completed or reasonably should have been completed the authority for the stop ends and the citizens should be free to go the court also defined the core objective of a traffic stop as such inquiries which involve checking the drivers license determining whether there are outstanding warrants against the driver inspecting the automobiles registration and proof of insurance and issuing a citation under the surface of that definition our officer safety precautions and subjective inquiries and directives that any officer may issue the Rodriguez ruling is somewhat faulty in its practical application because to some degree it is based on the integrity of police officers as a whole and essentially assumes that officers will act reasonably and not unnecessarily prolong a traffic stop for other reasons outside of using a k-9 so officer safety reasons is why well if you're fearing for your safety should not be allowed to just go below Malay okay pull under duress I'll go ahead and get out [Music] [Applause] you can stay right there there's fine [Music] inspection trains train them so he did you didn't you didn't tell him to alert no Charlie I'm sorry nothing drug-related all right well let's go search okay I don't consent just I'm just letting you know I don't consent to it I know you're gonna do what you're gonna do anyway I'm just kind of making it clear that I don't consent I don't want to are you are you forcing me the definition of refusal both within the realm of jurisprudence and common tongue is synonymous with the declination to do an act in the official police report officer Hogan claimed multiple times that m4 refused to unlock the vehicle but it was officer Hogan's lack of patience and unwillingness to answer reasonable questions which drew the officer to that conclusion at no point does enforced state that he will not unlock the vehicle and at no point does officer Hogan take the time to explain that he has no other choice Virginia case law does that Trump the Constitution Constitution what Constitution the United States constant I'm referring to the fourth amendment of unreasonable search and seizure he's saying open air ok I'm listening I'm not trying to be you know I'm just trying to protect myself okay I got you I understand [Applause] right probable cause makes sense yeah sure does the use of k9 units has a rich history in the courts in the Rodriguez case was not the first time that the supreme court had addressed the use and limitations of police dogs in the 2005 Supreme Court case of Illinois v cabal's the court held that a dog sniff conducted during a lawful traffic stop that reveals no other information than the location of an illegal substance does not violate the Fourth Amendment and is not considered a search although the Rodriguez case is often cited when referencing the limitations associated with the length of a traffic stop it was actually the caballes case which first established limitations on an undue delay that may be caused by a canine unit the Rodriguez case only further clarified the mission of a traffic stop and reinforced the prior ruling of caballes the 2013 case of Florida V hardiness in the 2014 case of Harris V Florida established two other notable principles regarding canine searches in the Hardiness case the court held that officers may not bring a canine unit onto a citizens private property without a warrant and that a k-9 units presence on private property without permission constitutes an intrusion and is therefore considered a search and in violation of the Fourth Amendment the Harris case established the notion that cases involving evidence procured by a k-9 unit should be considered on a case-by-case basis and essentially offered citizens and defense attorneys the opportunity to challenge the reliability of police dogs in their respective findings the use of k9 units is still an evolving legal matter inside the court room and it is likely that there will be more cases in the future which further accentuate their use and their corresponding restrictions after some time officer Hogan manages to open the door and conduct a search but is unable to gain access to the trunk of M fours vehicle hey you go open up your trunk you open up your trunk isn't a locked trunk considered an area can I was coming towards you your passive doors not open [Applause] isn't the tongue considered a secured container requiring a warrant in the monumental 1925 case of Carroll V United States the Supreme Court found that a warrantless search of an automobile was reasonable if it was based on probable cause the Carroll case itself dealt with the destruction of the defendants property to find the evidence sought the officers had to rip into the automobiles upholstery which is even more intrusive than a search of a locked container nonetheless the Supreme Court found the search to be reasonable and within the meaning of the Fourth Amendment in the 1982 case of United States v Ross the Supreme Court interpreted its prior holdings to mean that if the law enforcement officer had probable cause to conduct a warrantless search of a vehicle on the side of the road then the officer may also conduct an immediate and warrantless search of the contents of that vehicle the court also explained that if an officer is conducting a lawful Carol search he or she may conduct that search as if they had a search warrant issued by a magistrate the Ross majority opinion stated quote if probable cause justifies the search of a lawfully stopped vehicle it justifies the search of every part of the vehicle and its contents which may conceal the object of the search while a trunk may be considered a locked container in some circumstances such as transporting a firearm officers generally do not need a warrant to search a locked trunk if they have already progressed to stop to the point of a full-scale vehicle search you're the authority on that I'm just curious I mean you have access to the trunks are to the front there's a big box and we can only get about that much of the back of it yeah because I'm busy working right now delivering Auto Parts and you're hindering me okay so you're not gonna open up the trunk what's gonna happen I'm asking you don't you can't just give me ultimatums you don't care about the law that's the problem I'm sorry but if you want your in the trunk just tell me you're gonna use violence against me and I'll go ahead and open the trunk that's yes that's essentially what's happening yeah I either open the trunk or you're gonna either destroy my property are you gonna use violence against me in order to get me to open the tongue so if that's that's the case just like you got me out of the car you you tried to get come on buddy come on m4 was arrested and charged with obstruction of justice officer Hogan towed em force vehicle and placed his dog in the local shelter until he was able to post bail m4 went on to represent himself in the district court which resulted in having the obstruction charge dismissed according to the description section of the original video in force also filing a deprivation of Rights claim against the officers involved and the city of Buena Vista overall officer Hogan and the Buena Vista Police Department give an F for escalating a minor traffic violation into an arrest refusing to address any of em force questions or concerns and lacking the patience and professionalism necessary to carry out their duties no matter what industry or field an individual works in they are going to encounter minor inconveniences while on the job and how an individual handles those inconveniences is a direct measure of their professionalism officer Hogan's impatience and frustration over the legitimate concerns of m4 demonstrate his inability to exercise as duty without prejudice and ultimately led to an unnecessary and likely unlawful arrest if the average fast food employee exhibited a similar degree of unprofessional behavior they would be fired immediately and citizens must hold their public officials to a higher standard than the conduct of officer Hogan in this interaction m4 gets an A for remaining calm respectfully challenging the legitimacy of the officers actions and following up this encounter with legal action although m4 was not extremely well-versed on the relevant case law associated with this interaction he never claimed to be and his inquiries into the officer's actions were both rational and warranted officers often neglect the service aspect of their job description and answering basic questions and dispelling the apprehension of concerned citizens certainly falls under the outline of their duties m4 had every right to be cautious and tentative while interacting with these officers and he managed to do so without being rude or vulgar it is irrational for officers to expect citizens to unquestioningly bend to their will and I commend him for for his vigilance and awareness let us know if there's an interaction or legal topic you would like us to discuss in the comments below be sure to check out our patreon for more ad free uncensored and exclusive episodes thank you for watching and don't forget to Like and subscribe for more police interaction content [Music]

Channel: Audit the Audit

Views: 1,842,178

Rating: 4.8428221 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: E00g4vfPMBQ

Length: 18min 18sec (1098 seconds)

Published: Fri Nov 22 2019

Reddit Comments

[u/J_I_S_B]

This was painful to watch. Those cops went on a blatant fishing expedition. They had zero probable cause.