Officer Detains Citizen For Trespassing At His Own Home

[Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions today's episode features a highly requested video and comes to us from the city of boulders official website be sure to check out the description below for links to the unedited version let's dive right in and audit the interaction on March 1st 2019 Naropa University student Zaid Atkinson was picking up trash outside of his dorm building as a part of his work study program where he was contacted by Officer John smiley of the boulder Police Department in Boulder Colorado [Applause] [Applause] okay what unit are you in well I'm just checking to make sure that you have a right to beer that's okay well I gotta verify it just so I know that that you do in fact live here if you have an ID with your address on it that'd be great well we've had some stuff going on in this area I'm just doing my job just making sure you belong here and if you do then great and I'll be on my way okay is they do you have anything with your address on it according to the police report this is the point in the interaction where officer smiley officially detains mr. Atkinson until this moment the interaction between officer smiley and mr. Atkinson was considered consensual it is important to note that officer smiley never stated why he believed mr. Atkinson may have been trespassing nowhere in his police report does officer smiley relay any information which would suggest that mr. Atkinson did not belong on the property the independent internal review of the interaction conducted by special counsel Bob Troyer in to blue stone investigative and risk solutions representatives concluded that officer smiley based his reasonable suspicion primarily on the facts that mr. Atkinson had no ID with his address on it and that mr. Atkinson turned and looked toward the address on the front of the dormitory when he told officer smiley his address the report went on to note that mr. Atkinson did not read the address but rather he gestured toward it demonstratively and even if he did read it that would not have constituted reasonable suspicion when the totality of circumstances are considered it's ridiculous I'm just asking you if you have something with your address on it then that that would help me know with my a lot of people have a so this fat Justin can I get your date of birth please why I just need to verify who we are that you belong here that you ever write can you have a seat please mr. Atkinson 290 cooktop can you please have a seat put that down stop mr. Atkinson right now you're obstructing a police officer which is a jailable offense I'm asking him one more time the independent report goes on to note that officer Smiley's additional error was his misunderstanding about what his reasonable suspicion allowed him to do the officer continued to ask mr. Atkinson for his date of birth at various times throughout the contact even if he had reasonable suspicion officer smiley was not entitled to that information although Colorado is a stop and identify' state Colorado Revised Statutes 16 - 3 - 1 0 3 only grants officers the authority to acquire a suspects name address in an explanation of their actions not their date of birth according to the statute suspects only have to produce an ID if it is readily available the independent report went on to declare that mr. Atkinson was not committing the crime of obstructing a police officer by refusing to surrender his date of birth and that officer Smiley's misunderstanding of reasonable suspicion and what it allowed him to do prolonged the incident and was the cause of mr. atkinson's anger and frustration [Applause] have a seat without rest right now entertaining you and investigating your first trespass sit down sit down [Applause] have a seat please drops that put that down put that down you need to listen to what I'm telling you to do right now [Applause] here officer smiley refers to the trash grabber in mr. atkinson's hand as a blunt object to the responding officers in route this is an important detail because officer smiley is the only officer on the scene and the other officers on their way can only gauge the situation they are responding to based on the information relayed by smiley by describing the trash grabber as a blunt object officer smiley is implying that mr. Atkinson is weaponizing the grabber given the ambiguous nature of the radio chatter in the context of his earlier calls for backup the responding officers could easily assume that they are entering into a dangerous or violent situation but mr. Atkinson has shown no signs of aggression toward the officer in the blunt object in mr. Atkinson's hand is hardly a threat to anyone's safety sit down and I'll confirm it sit down now sit down then you're probably going to get tased in because you have a weapon put that down put it down and comply with my orders do it and you have a new it's filming right now have a seat please he says you could taste me I'm freaking picking up trash on my property I need to confirm is there I win there's a sign not doing anything illegal and you're not gonna taste me officer stand down about that sit down how do you feel about that sir sit down feel about now sir and get your freakin lieutenant here they're on the way I'm good Jacky's sit down now I'm giving you another order to sit down to 90 we're now behind 23:33 Folsom subject still failing to comply get sit down sir sit down so I can continue my investigation because you just you sit down sit down I you have a dangerous object in your hand and you're failing to put it down put it down you're being detained sit down sir I asked you several times several times I've asked you yes it is either because you're not putting that down yes it is put it down I told you many times I put it down and you're holding your gun put it down and you're holding your joint sir put it down and you're holding a joint how do you feel put it down feel officer how do you feel put it down sit down on the ground like I told you many times before what are you gonna shoot me officer if you use that weapon against me then yes that is a consideration all you have to do is comply right now just have a seat man all I want to do is figure this out with you sit down sit down has a gun in his hand and he's gonna shoot me and he's gonna shoot me you got a camera exactly that's my voice video right there they brought us to the east my property with a gun in your hand sit down shoot me because I'm picking up trash I hope just sit down sir sit down not today 295 sit down look I don't want this to go any further but you need to comply with my orders I don't have a weapon that's a weapon this is the bucket no that's a weapon put it down I'm telling you I'm threatened by you guys that kills people how am I supposed to kill someone sit down sir sit down sit down sit down you're refusing to comply with my orders sit down have a seat the first responding officer arrives on the scene and immediately draws his taser over the course of the next 10 minutes a total of nine officers arrived they did not all arrive at the same time and not all stayed until the incidents conclusion but for most of the 13 minute period from the first cover officers arrival until the scene was cleared there were eight officers including officer smiley on the scene invisible to mr. Atkinson surrounding him on three sides the independent report notes that one reason so many officers responded was because officer smiley told dispatch that quote the citizen was still not complying and had a blunt object in his hand [Applause] have a seat drop it drop it drop it why do you all the police are telling you to do something do it yes I do cuz you're not listening you have a weapon drop the weapon drop it drop it now drop it now just drop it we're not going anywhere you need to drop it we I haven't confirmed that yet I told you I'm investigating a trespass you didn't give me your address that's the first time I have a seat listen the first thing you need drop that I go to school drop it just drop it right to be doing this to me sit down shut up pay my taxes and all of you have weapons drawed I sit down lad sit down and drop out I will not sit down I refuse to sit down with you until you guys put your [ __ ] weapons away run away have a seat your big gun away have a seat your gun away and I'm enough putting my gun away I'm doing a god thing back off you came onto my property with your weapons drawn threatening me have a seat it's a place that I sleep Becca how do you feel about that back up how do you feel about up and sit down please or you're gonna taste me an arrest feed get out of me like every other get off my property get off my property just talk to my partner of all of the officers present at any point during this interaction officer smiley was the only one to keep his firearm unholstered officer smiley was holding his handgun for seven minutes of the 20 minute interaction among the other officers present one had an orange less-than-lethal beanbag shotgun slung over his shoulder for approximately 12 minutes one had his handgun unholstered for less than one minute and one had his taser unholstered for approximately two minutes no other weapons of any type were unholster no officer pointed any weapon of any type at mr. Atkinson at any time during the interaction mr. Atkinson and a Naropa University student filming two standoff on his cell phone from inside the dormitory both stated that multiple officers were pointing guns and mr. hakonsen according to the report all of the video evidence including that students demonstrate that this was false here we can see a responding officer opening the building door to speak to to residents who confirm that mr. Atkinson lives at the building the officer then begins to employ the escalation techniques in an attempt to defuse the situation can you just drop it on the ground I'll put my gun if you put that down I'll put my gun away I told you why cuz it can be used as a weapon right there you go that's all I need yep you got it okay could you have a seat over here now we can talk [Music] you asked me what the address was I said 23:33 I said let me walk up to the door beat myself into the building he came out with a shotgun of course I'm upset why don't you go home and why don't you guys go find some real criminals instead of wasting my god can I tell you something that's not gonna happen until I confirm who you are and what you're doing I don't have your date of birth which is what I asked for and when we finished the 2003 11th Circuit Court case of Florida v Diaz held the detention must be limited to satisfying the purpose for the initial intervention the DA's case involved an officer stopping a motor vehicle because he was unable to determine whether the tag was valid from his patrol car upon approaching the vehicle the officer was able to confirm the validity of the tags in question before making contact with the driver but the officer obtained information from the driver anyway which ultimately led to the charge of felony driving with a suspended license the court ultimately dismissed the charge against the driver and ruled that once the officers initial suspicion had been satisfied by confirming the validity of the tag the officer no longer had any reasonable grounds or legal basis for continuing the detention the logic of the Diaz case can be applied to this interaction officer smiley now knows that mr. Atkinson is a resident of the building and is not trespassing officer Smiley's initial suspicion has been satisfied and he no longer has any reasonable grounds or legal basis for continuing the detention you have a seat so we can talk a little now you're acting Larry gonna negotiate what we do here cuz I have rights and you guys came onto my property right with suspicion of bullsh in accusations right I don't know what you guys are even here for you haven't even told me what your purpose is you didn't give me a chance haven't told you what your purpose is I'd be happy to if it'll just have a seat well here here's what we can do here's what we can do we can stand here all day all right and your resources when there's people out there committing crimes right or I could get your I can get your name your date of birth you have find out I don't have your date of birth you need my information I explain it we go into my property asking me for my information this is where I live I don't need to give you I didn't do do we just want to stand here I live here go get going go get everybody call everybody that's not how world everybody then we'll have a standoff dude kidding me it says stupid I live here I'll come back down the sit and then when I keep the alley he stood up I saw that he had that nothing against against the so I wasn't sure feeling trying to damage though and then and then I addressed him and then proceeded to walk around here and I saw it was like a device for picking up trash when he was picking up trash so I contact them and just ask them hey can i chat with you I'm just checking to make sure that that you have a right to be here and then he initially talks him I asked for the address and he turns it off of the building okay and he won't tell me his apartment number he gives me a like some kind of school ID but it doesn't have a date of birth so I asked him first date of birth no at that point he refuses and it starts walking away picks up the drink in the bucket and walks away from me I just follow me cover it's here according according to him he lives here he just provided a unit number finally I don't have a date of birth I don't know who he is okay alright so that's you got his information in terms of his name and all that I just have his name [Applause] after being ordered to return mr. Atkinson's ID and vacate the premises officer smiley turns off his body cameras audio to confer with his superior the sergeant understands that no crime has been committed in the proper course of action to restore peace is to simply leave the same eventually officer smiley returns mr. Atkinson's ID and the officers leave without making an arrest or acquiring any more information from mr. Atkinson following this interaction officer smiley resigned from his position at the boulder Police Department under an agreement that allows him to collect 69 thousand dollars in salary mr. Atkinson has filed a lawsuit against the city of Boulder that is still ongoing overall officer smiley gets an F for detaining mr. Atkinson without reasonable suspicion abusing the power of reasonable suspicion and escalating an interaction that could have been easily resolved with any number of alternative actions officer smiley approached mr. Atkinson with absolutely no evidence to support his claim that mr. Atkinson did not belong there and essentially trampled over the Fourth Amendment to compile a pathetic excuse for reasonable suspicion the only person who even trespassed during this interaction was officer smiley his determination to acquire mr. Atkinson's information well after he became aware that mr. Atkinson was not trespassing is a testament to his terrible police work if officer smiley worked this hard to neglect common sense and prosecute such a petty offense then there is no telling how many innocent civilians were unjustly detained or arrested before he was finally forced to resign mr. Atkinson gets a c-plus because although he did stand his ground and did not surrender to the intimidation of the police he also escalated the situation by becoming a high rate and allowing his emotions to dictate his candor it is extremely difficult to remain calm while being subjected to abuse from the police and mr. Atkinson's reaction to this in her action is somewhat justified but there were several moments during this interaction where a calm and collected attitude could have been beneficial rather than becoming angry at officer smiley for overstepping his bounds using logic and questioning the accuracy of the officers actions may have proved more effective mr Atkinson's case is an isolated incident where allowing anger to be the driving force of an interaction worked out in favor of the victim but this is an extremely rare scenario and it is unlikely that an interaction similar to this would play out favorably for most people the responding officers of the boulder Police Department get an A for critically assessing the situation responsibly employing de-escalation techniques and for resolving the situation without incident or harm I come into the BPD for taking the initiative and working to resolve the situation instead of issuing more orders enforcing mr. Atkinson to comply the fact that the commanding officer assessed the situation and made the independent decision that officer smiley was wrong and ordered him to stand down and return mr. Atkinson's ID is exemplary and extremely rare most law enforcement officers operate under a mob mentality and justify each other's actions regardless of the legality or moral connotation associated with the action in this instance the boulder PD demonstrated how a well-trained and highly disciplined law enforcement organization is supposed to conduct itself 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: 6,035,542

Rating: 4.850131 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: c19AG5Xb4oI

Length: 29min 41sec (1781 seconds)

Published: Tue Sep 10 2019

Reddit Comments

[u/NickBusey]

"He has some kind of blunt object in his hand."

Yea. The trash grabber you've been watching him pick trash up with you moron.

I shouldn't be surprised. I've had Boulder PD draw guns on me while I was carrying speaker stands. In their police report it says they believed them to be "tubular weapons".

[u/capitanphil]

If you're so scared of a man "armed" with half a pound of aluminum and a plastic bucket that you have to point a gun at him you have no business being an officer of the law.

Also, where are the other officers calling out this insecure ass behavior? Clearly this is the cultural norm amongst law enforcement.

BTW: He's a corporate security guard now and attends CSU

[u/ysengrimus]

Police culture idefends other officers, regardless of what they've done, making the officers who don't violate citizens' rights complicit in the actions of those who do. Until that culture changes to put the rights of the citizenry above the closed ranks of police departments, nothing will change.

[u/justinsimoni]

Some *amazing* looking dorms.

[u/justinsimoni]

This college student is an absolute hero.