Officer Arrests Student For Refusing To Identify

[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 passive resistance roadway rules and federal regulations and comes to us from KO I and sixes 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 interaction on October 13th 2019 21 year old Oregon State University student Genesis Hanson was riding her bike onto Northwest 16th Street in the city of Corvallis Oregon where she was stopped by senior Oregon State Trooper Kelly cat6 for allegedly riding her bicycle on the wrong side of the road okay 2424 2424 can you get a CPD unit to roll by my location Jackson I think I'm on 16th or 17th [Applause] 2424 they can come code-one this is not a emergency situation all you guys that are recording I'm also recording just so you know okay I don't know I just asked for when you heard today haven't given me an ETA nope nope I already told you you could be rolling down the road by now if you were cooperative you're not cooperative so the violation that I stopped you for is 8/11 3:07 filler to drive within the lane so that's the first part why I think that the reason that we're disagreeing is because you have been failing to be in a lien right I don't see any lines on this road to begin with the second of all I don't think that I was in this I was unable to locate the statute that trooper cat sickest is referring to and it is very likely that the version that the trooper is citing is outdated there is no code 8 11.30 7 in the most recent version of the Oregon Revised Statutes available online however revised statute 8 11.2 95 does consider driving on the left side of the roadway a Class B traffic violation the statute is relatively vague but does specifically state that drivers must drive on the right half of the roadway the statute does not elaborate on what specific elements determined the halfway mark of any certain roadway States generally refer to federal guidelines when establishing specific areas of roads and we will discuss this in more detail later in the video well so I'm out with this citizen on a bicycle stop but I don't know the citizens name to tell you because the citizen won't tell me their name I stopped them for a simple violation riding the wrong way on the roadway as you can see we've attracted a small crowd says it's not really contentious but the persons refusing to identify themselves I don't know if they even have ID because they every question that I ask we go in a circular argument we're in a state I don't answer questions so that's it it's a minor stop to start with but we're at and I'm recording so you know as is yes but not driving the vehicle so [Applause] and made the assumption that this middle line of the precinct was the marker I also mentioned that the word on the road so I don't think I think this is kind of an arbitrary worker the second thing that I think is important to note is that when I would come on down this road I really meant you know crossing the street you have to pass this part but for him to say that I was on this side of the road versus that one I don't think that's quite fair and I think that these facts I appreciate that you do understand this is in the courtroom no I do would you be more willing to talk to me than him since I'm here now so earlier she did request another officer and she would she did say she would talk to them I knew that was a ruse I didn't summon use of it that would happen because I knew she wouldn't do that I summoned you kind of to be a witness to this whole fam widget would you mind talking over here so we don't I also think that the quantifiers for this well crack traffic stop is I'd like to be able to see you about legislation and what kind of really instead says oh I'm on the side of the road without side of the road if there's differences between lines on the road or if this center line that he seems is important is important in this case and I also would like to know [Applause] depending on how things go in the right and I suggested and I've already had this conversation a little bit I said that most likely I'm stopping her with the intent to educate about why it would be dangerous to write down the opposite side of the roadway and that if she failed to comply I could arrest her for obstructing police officer instructing governmental justice yes it is it's required it's required of you and it's required of me by my my my boss so yes I do but you see the problem is I have my cell phone I don't have my my law book and I don't have the department's policies rules and procedures we don't carry that with us it's it's computerized and you if you received a citation or were arrested your defense attorney or you yourself if you're representing yourself through discovery could request all of that information to support your case and disprove what I the prosecuting officer would be alleging however it is customary in our society that when a police officer who's clearly identified as such tells you to pull over for a violation you go along with the program that is the requirement you are lawfully required to provide identification and then the officer gets to decide whether you get a warning a ticket or you get arrested if you've committed a crime you don't know that I can't prove that the landmark Terry V Ohio Supreme Court ruling established the doctrine of reasonable suspicion and probable cause in 1968 in order for an officer to detain a citizen they must have reasonable articulable suspicion that a crime has occurred if an officer establishes probable cause that a crime was committed after an investigation then the officer may issue a citation or make an arrest after a citation is issued or an arrest is made civilians have the right to plead their case in a courtroom and contest the allegations of the prosecuting officer as the officers noted public sidewalks are not courtrooms and law enforcement officers are under no obligation to explain the laws which they suspect an individual to be violating it is the personal responsibility of every citizen to understand both their individual rights and the limitations of those rights the only person that trooper Katzie Keyes is required to prove anything to is the presiding judge we don't even know each other I've never met the phrase passive resistance has assumed many similar but acutely different lawful identities throughout its tenure with in Oregon's law books the previous iteration of the phrase which was clarified by Oregon's Court of Appeals in 2015 declared that passive resistance only pertains to an individual who is performing certain acts or techniques commonly associated with governmental protest or civil disobedience in the 2017 case of Oregon v McNally the Oregon Supreme Court rejected the lower court's interpretation of passive resistance and simplified the phrase defining passive resistance as non-cooperation with the peace officer that does not involve violence or other active conduct by the defendant as the officers noted miss Hansen's refusal to provide identification when lawfully ordered to do so is the textbook definition of passive resistance but the officers invocation of the passive resistance doctrine plays a larger role which we will discuss later in the video I don't think that your job should have any courtesy I think kinda well I have been courteous okay so we don't need to argue about that because I have been courteous I'm now looking at the vehicle code I'll give you the applicable law so Oregon defines bicycles as a vehicle most states do you do not but they still in law defined it as a vehicle when it's written on the roadway which it was and that means you have to apply by the vehicle laws which you were not and that's why I stopped you I don't arbitrarily stop people and that's how we have court like like the other officers suggested that's why we have court so if at the end of this I gave you a citation and you felt that was wrongfully issued I don't get the final saying what I don't really want to give you a warning any longer I feel like you're I no longer wish to give you a warning I wish to give you a citation now are you hearing what I'm what I'm saying I now wish I no longer wish to give you a warning so now I need your identification to give you a citation because that's what I intend to do understand that there will be consequences if you make that choice so the first law that I'll draw your attention to this is a violation law but it's 811 295 failure to drive on right I'm familiar I understand that this is a lot I don't that's not what I'm contesting I'm just asking you want to know how I have the authority to ask you for your information well you have the authority for us for my formation and how you can dignify me being on this side of the road why do you say dignify cuz that's not my visual observations and the court has upheld that officers visual observations the manual on uniform traffic control devices for streets and highways which is recognized as the national standard for all traffic control devices installed on any roadway open to the public dictates that a centreline marking should be placed on paved urban arterials and collectors that have a traveled way of 20 feet or more in width and an average daily travel of 4,000 vehicles per day or greater the manual notes that pavement markings should be placed using paints thermoplastics raised pavement markers colored pavements or systems consisting of clumps or droplets of material the street which this interaction took place on Northwest 16th Street is defined as a collector by the Federal Highway Administration and is approximately 32 feet wide given that the average daily travel of Corvallis streets ranges from 996 at their lowest and up to and beyond 14,000 at their highest and that Corvallis high school rests on a Northwest 16th Street intersection it is safe to assume that the average daily travel far exceeds the minimum standards requiring a clearly marked centerline Trooper Katzie Keys is attempting to enforce Oregon Vehicle Code 8 11.2 95 based on an uninformed interpretation of a center line marking and the city of Corvallis has likely failed to adhere to the federal standard associated with lane designation although this stop is based on a misinterpretation that does not necessarily render the stop illegal trooper Katzie Keys is protected under the qualified immunity doctrine established by the 1982 Supreme Court case of Harlow V Fitzgerald the qualified immunity doctrine protects government officials who believe in good faith that their conduct is lawful and objectively reasonable the application of qualified immunity does not depend upon an official subjective state of mind but on whether or not a reasonable person in the officials position would have known whether their actions were in line with clearly established legal principles given that the legalities of centreline markings are rather obscure it is relatively reasonable to assume that trooper Katzie qisas actions would be protected under the qualified immunity doctrine I can't I can't fix all of your belief systems no your articulating your interpretation which is nonsensical that's clearly the middle of the road as [Music] I understand that's what I was thinkin is highlighted it's interfering right ultimately yeah look let me tell you this statute that's going to lead to your arrest if you don't comply okay you're going to arrest me for information I'm going to arrest you for failing to comply if you don't so what my family could survive if I'm just asking for a hold on No you've asked me to tell you how I can do this so I'm going to do that do you want to hear or not I would love to hear yes that's the whole point we'll be standing here okay great so let's let's do that it's called interfering and I'm going to give you the definition of it but you're not understanding the principle of the situation no initially he mentioned that he was going to give a warning and when I asked for information because you would when I asked for information stating why do you need my information in order to give me a warning you mentioned that that was the rule and that was a law and I asked you to provide me that rule in that law and you're still looking to do so that's all I am doing is asking why do I have to give you my information right I'm trying to give me a warning first I'm not trying to give you a warning any longer I've clarified that your lack of cooperation your lack of cooperation has made it clear to me that a warning will not suffice to change your behavior can you call it can you define what not cooperation is he said it best passive resistance which is what so can you define passive resistance for me a little bit better what you're doing is the dictionary definition so passive resistance is me articulating my no it's arguing with me when it out I've given you a waffle order and you've refused to comply with it to refuse you sir I'm just asking if you were refusing me I would already have your ID you'd already be down the road I think that refusal and submission are different a person commits the crime of interfering with a peace officer or parole probation officer if the person knowing that another person is a peace officer a parole officer as defined in our us intentionally acts in a manner that prevents or attempts to prevent a peace officer or parole officer from performing the lawful duties of the office with regards to another person the law that trooper Katzie Keyes is referring to Oregon Revised statute 160 2.24 7 does state that an individual commits the crime of interfering with a peace officer by intentionally acting in a manner that prevents a peace officer from performing their lawful duties however trooper Katzie keys conveniently overlooked subsection 3b which clearly states that this section does not apply in situations in which the person is engaging in passive resistance the trooper openly accused miss Hanson of engaging in passive resistance which essentially nullifies the authority of the statue he is attempting to charge her with that being said trooper Katz ekeus is demand for an ID rather than identifying information plays a significant role in this interaction under code 8 10.4 1-0 a police officer may stop and detain a person for a traffic violation for the purposes of an investigation reasonably related to the traffic violation identification and issuance of a citation it is unlikely that a court would allow a citizen to avoid a traffic citation by simply refusing to identify themselves and failing to provide any identifying information whatsoever would likely be in violation of the interference statute trooper Katzie kisses fatal error was neglecting to allow miss Hanson to provide her name and date of birth instead of demanding a physical form of identification trooper Katz eqi's did retain the authority to detain miss Hanson until she self identifies and could have detained her while he attempted to obtain an arrest warrant from a judge but instead the trooper demanded miss Hanson present her ID which she was not required to do although Oregon Vehicle Code does define a bicycle as a V miss Hanson is not subject to Oregon's failure to present a license statute because Oregon vehicle code 8-0 7.0 2-0 states that a person may operate a bicycle without any grant of driving privileges ultimately miss Hanson has not technically committed any crimes due to the so I would like to get you to cooperate and give me your identification willingly if you refuse to do that you are under arrest do you understand there's not going to be more clarification I need a yes or no from I need you guys give me your identification now or you're going to be placed under arrest which do you want to do miss Hanson was arrested charged with interference and resisting arrest and was taken to jail following the release of the body cam footage community uproar prompted the Benton County District Attorney to review the case and drop all charges except for the original traffic infraction five days after the incident Oregon State University president idi Wray condemned the actions of the officers which led to the Oregon State Police terminating their Police Services contract with the University which had been in place for over thirty years at this time it is unclear whether miss Hanson will be following up this encounter with legal action overall trooper Katz eqi's gets a c-minus because although this arrest was wholly avoidable and inappropriately carried out it was ultimately the process by which the trooper chose to carry out his duty that was controversial more so than the actual charges themselves this and action involved obscure aspects of traffic laws and debatable legal loopholes within Oregon State law which are understandably difficult to accurately enforce without an intimate understanding of legal precedent and relevant case law and although it is trooper Katz akiza's job to understand and enforce the law it is irrational to expect officers to be a hundred percent right a hundred percent of the time into a reasonable degree it is the burden of the court to decide the legitimacy of a criminal charge trooper Katz eqi's displayed a degree of patience that is rarely seen amongst members of law enforcement but the trooper still managed to needlessly escalate what could have been a simple warning into an unlawful arrest miss Hanson gets a b-plus for accurately challenging the legitimacy of the initial traffic stop but also demanding information that the trooper was not obligated to provide which consequently led to her arrest there is a legitimate argument to be made that miss Hanson did indeed commit the crime of interfering with a police officer by refusing to provide any identifying information when lawfully ordered to do so and if trooper Katzie Keys had acutely altered his approach to charging miss Hanson with that crime it is likely that the charges against her would not have been dropped miss Hanson also neglected to invoke her right to silence and engaged in an informal banter with the trooper it is important to remember that a proper defense should be mounted in the courtroom and not in the street although miss Hanson's rebellious ribbing paid off in this interaction it is unlikely that the average citizen could achieve the same results given that trooper Katzie keys made minut but serious errors throughout this encounter miss Hanson has a strong case against the Oregon State Police and the city of Corvallis and I sincerely hope that she follows up this encounter with legal action 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

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Id: ksqOpNTXLUY

Length: 27min 24sec (1644 seconds)

Published: Sat Nov 02 2019