Officer Shut Down By Fearless Mother

[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 child abandonment harboring fugitives and warrantless entries and is brought to us by the greeley tribune's channel 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 if you're still using wired headphones in 2021 let me quickly tell you a few reasons why you should drop the wires and pick up a pair of raycon wireless earbuds unlike standard earbuds from other brands raycons come in a variety of colors and patterns with various fit options for ears of all sizes raycons last six hours continuously on a single charge and offer a ton of bass and a noise isolating fit that is perfect for wearing around the house and at the gym with no wires to worry about you can fold laundry and work out with these all while listening 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up the stairs to the apartment and knocked on the door so we're getting a call from your son saying you guys are kicking him out um i actually just got home he has a word out for his arrest [Music] and he actually hasn't been allowed in my house because he did this the last time and i had to do a well check because i was at work so i did tell her not to open the door if he came back if i'm not here while officer barnum informs ms perez that she cannot refuse to allow her child into her home when she is not there he does not cite any legal authority for this assertion under section 14-13-102 of the colorado revised statutes a minor is considered abandoned when left without provision for reasonable and necessary care or supervision and section 14-6-101 makes it a class 5 felony to willfully neglect fail or refuse to provide reasonable support and maintenance for children under 18. the necessary level of care and supervision will vary depending on the child's age and other relevant circumstances section 19-3-604 of the colorado revised statutes which details when the legal relationship between a parent and child can be terminated by the state defines abandonment as a situation where the parent has surrendered physical custody of the child for six months or more without showing firm intention to resume physical custody of the child or to make permanent legal arrangements for the care of the child there is nothing in any of these provisions that requires the care and supervision to occur in the parent's home or grant a child an unconditional right of entry to the parent's home in this situation trey had been staying with ms perez's sister-in-law ms perez remained in contact with him and he was still permitted to enter the home when ms perez was present under these circumstances officer barnum would have no legal basis to conclude that ms perez had abandoned her child colorado also criminalizes child abandonment under the offense of child abuse which section 18-6-401 of the colorado revised statutes defines as causing an injury to a child's life or health permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health or engaging in a continued pattern of conduct that results in malnourishment lack of proper medical care cruel punishment mistreatment or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child since this law only applies to children under the age of 16 ms perez could not be prosecuted for child abuse for her parenting decisions regarding trey however she could potentially face child abuse charges for allowing trey in the home around her two young children particularly if he injured them as this could be considered permitting them to be unreasonably placed in a situation that poses a threat of injury to their life or health so as a mother okay i gotta go okay so i'm pretty sure i know which one it is it was for the incident a couple weeks ago yeah here i'm gonna come outside he's not comfortable going for that okay it's not a warrant for that it was a warrant today because he failed to show up for court so let me explain to you officer what's been going on okay so first off he's kicked my door down before the whole entire thing the other day i was at work and i can't leave work to come and see what's going on i have small baby children here okay and he did this to my door while i was gone while i was gone not while i was here so i did a well checked now please hear me out first because i know exactly where you're going with this okay so i asked him on his birthday which was tuesday to get his butt home okay he came he failed to come home i don't know if he told you that or not but he failed to come home okay okay so he went to my sister-in-law's house and has been there since and i told him if you're not here by friday morning in order to go to court tray i'm going to court on my own okay which i did this morning i went to court on my own his court was at 9 30 and i will i will show you where i told him okay i told him your court is at 9 30. so you better be here doing what you're supposed to be doing or i'm going to court on my own okay and guess what i did because he just got here so what did i do i went to court on my own okay okay so he has worn out for his arrest out of boulder or out of adams county right now for failure to appear and the judge specifically told me i told her everything that happened as i'm telling you okay and am i kicking him out now yeah he has a worn out for his arrest he's not welcome in my home until he gets that taken care of okay okay you can't do that yes i can he's a fugitive yes i can you can listen listen i listen to you okay you can call us if he comes but you cannot say you can't come in and if you lock him out he can kick your door to get in because he lives here ms perez informs officer barnum that trey is not welcome in her home because he is a fugitive and that she will not allow him to return until he takes care of the warrant section 18-8-105 of the colorado revised statutes which defines the criminal offense of being an accessory to crime prohibits harboring or concealing another individual with the intent to hinder delay or prevent their discovery detection apprehension prosecution conviction or punishment for the commission of a crime there are no exceptions to this law for harboring family members or minors it is feasible that ms perez could be subject to charges under the statute if she allowed trey into her home although it may be challenging to prove that she specifically intended to hinder delay or prevent his prosecution by allowing trey to stay in her home ms perez could also potentially face charges for contributing to the delinquency of a minor which section 18-6-701 of the colorado revised statutes defines as inducing aiding or encouraging a child to violate any federal or state law municipal or county ordinance or court order in response to ms perez's argument officer barnum states that she is not allowed to prevent trey from entering her home and that if she locks him out he is allowed to kick down the door to enter while trey could possibly be charged with an array of crimes for kicking down the door depending on the specific circumstances of the incident at the very least he could be charged with criminal mischief more commonly known as vandalism section 18-4-501 of the colorado revised statutes defines criminal mischief as knowingly damaging the real or personal property of one or more other individuals including property owned by the individual jointly with another whether the apartment is a rental or owned by ms perez any intentional damage to the door would be considered criminal mischief okay i'm gonna tell you something he may not kick my door okay okay you lock him out he can't okay i didn't lock him out my sister did if he is being a havoc well my sister is here babysitting my children he is not welcome here she needs to call us you can't oh we did call you we did call we did a well check they came the officer came and you can check that the officer came and did that he hasn't been home since until today today he was locked out again and the reason that he was locked out was because i wasn't home when i'm home then he can come that's not how this works too bad so sad goodbye no that's not ma'am listen ms perez attempts to end the conversation by entering her apartment and closing the door and officer barnum kicks the door open before she can shut it which ms perez appears to interpret as an attempt to enter her apartment ms perez attempts to repel officer barnum by shoving him back and officer barnum grabs her by the arm pulls her out of the apartment handcuffs her and informs her he is placing her under arrest the fourth amendment protects citizens from unreasonable governmental intrusion into their homes as the supreme court of colorado stated in the 1999 case of people versus lewis the principal protection for citizens against governmental intrusion into their homes is the requirement that a warrant to enter be based on probable cause in order to enter a home without a warrant police officers must have probable cause to believe that a crime has been committed and exigent circumstances necessitating immediate police action must exist in colorado there are three general categories of exigent circumstances hot pursuit of a fleeing suspect a risk of immediate destruction of evidence and an emergency that threatens the life or safety of another in this situation officer barnum did not have probable cause that a crime had been committed nor were there exigent circumstances that justified entering ms perez's apartment without a warrant therefore any entry into the home under these circumstances would be illegal section 18-1-705 of the colorado revised statutes allows an individual who is in possession or control of any building realty or other premises to use reasonable and appropriate physical force upon another individual when reasonably necessary to prevent what the individual reasonably believes to be the commission or attempted commission of an unlawful trespass the first division of the colorado court of appeals determined in the 1988 case of people versus lutz that this section is not just applicable to civilians but it also applies to unlawful entries where the trespassers happen to be police officers therefore if ms perez reasonably believed that officer barnum was entering her home illegally there is a legitimate argument to be made that she had the statutory privilege to resist the unlawful intrusion into the sanctuary of her private home it is important to bear in mind that this statute does not grant citizens the right to resist an officer's entry into their home if the officer has legitimately acquired probable cause to enter with the complement of exigent circumstances and it is extremely difficult for the average citizen to determine whether an officer's intrusion into their home is legal or not so it is extremely unwise to physically resist officers who warrantlessly enter a private citizen's home in situations like this one it is almost always best to allow the officers to enter the home and challenge the legitimacy of the entry later in court regardless of whatever statutory privileges may be granted to citizens it is not worth the risk of mistakingly resisting a lawful entry from police and putting yourself and other occupants of your home in unnecessary danger after arresting ms perez officer barnum placed her in the back seat of his police vehicle she demanded to speak with his supervisor sergeant wade corliss who joined officer barnum at the scene miss perez was held in the cruiser for about an hour until sergeant corless ordered officer barnum to let her go greely police chief mark jones and deputy chief adam turk visited miss perez at a later date to follow up on the incident and according to a september 20th 2019 letter the agency sent to ms perez the department determined that officer barnum's actions quote were not appropriate or according to department policy in november 2019 the greely pd announced that officer barnum was no longer with the department on june 26 2020 ms perez filed a lawsuit in the u.s district court for the district of colorado against officer barnum sergeant corliss and the city of greeley for violation of her fourth amendment rights miss perez's complaint also alleges that she suffered physical injuries to her left hand and wrist including pain swelling bruising and dequavantinocinovitus which is a painful inflammation of tendons at the base of the thumb as of the date of this video the litigation is ongoing overall officer barnum gets an f for failing to conduct a thorough investigation displaying a fundamental misunderstanding of colorado's child abandonment laws and entering ms perez's home without the legal authority to do so this is yet another case of an officer failing to do their due diligence of understanding the laws they are charged with enforcing and neglecting to adhere to the boundaries of the fourth amendment officer barnum had plenty of time to contact a supervisor to ensure that he was carrying out his duty appropriately but instead he chose to enforce his understanding of the law rather than clarifying that he was doing so accurately officer barnum's attempt to enter ms perez's home was totally unnecessary and is yet another aspect of this encounter that could have been avoided with the advice of a superior officer the fact that ms perez was detained for nearly an hour only adds to the scope of the fourth amendment violations that occurred and i failed to see how it took the greeley officers that long to determine that ms perez's arrest was uncalled for i commend the greeley police department for their decision to fire officer barnum and i sincerely hope that the department used this encounter as an opportunity to educate all of their officers on the relevant statutes and case law ms perez gets an a because although she did allow her emotions to dictate the outcome of this interaction she did everything she could to dispel the officer's suspicions she did not allow officer barnum to intimidate her and she followed up this encounter with the proper legal action officer barnum's assertion that ms perez was legally obligated to subject her younger children to the violent nature of her older son was beyond ridiculous and i can definitely see why she was so emotional about the officer's conduct although ms perez's decision to push the officer out of her apartment was somewhat reckless colorado statutes justify her actions and it is highly unlikely a court would rule against her in that respect as always the courts will consider the totality of circumstances involved in this interaction and i find it highly unlikely that a court would come to the conclusion that ms perez's obligations to her son outweighed her obligations to her younger children much of this interaction stemmed from the poorly executed discretionary decisions of officer barnum and i have no doubt that ms perez will fare well in the courtroom i commend ms perez for standing up for her civil liberties and for following up this encounter with a lawsuit be sure to give your support to the greeley tribune for covering this story you can find a link to their channel in the description below 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 the ata patreon page for more police interaction [Music] content [Music] you

Channel: Audit the Audit

Views: 1,855,790

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: 5JZHgNNyzkc

Length: 16min 10sec (970 seconds)

Published: Mon Jan 18 2021

Reddit Comments

[u/Jowlsey]

The video states Casey Barnum was fired, but according to the local paper, the department couldn’t provide specifics about Barnum’s departure because it’s a personnel matter. Safe bet of the day is he was 'allowed' to retire and will be hired by another police department with even lower standards.

[u/mywan]

I suspect that the cop thought he was dealing with a residency issue. Which would apply regardless of the age or relationship of the tenant. Except for a number of facts that refutes that. First off this kid was apparently living at his sister in laws house, and the cop was made aware of that. On top of that being a the guardian of this minor gives her the authority to tell him to go to his sister in laws, or any other place the guardian sees fit. Tenancy is irrelevant and if the cop could think past his own authority being challenged he would have easily realized that. Even if it hinged on a tenancy issue, which it didn't, the remedy is for the kid to take it to court. Not for the officer to arrest the guardian.

As usual Audit the Audit correctly identified the relevant legal issues and did a perfect audit.

[u/Xero-One]

Although the lady sat in police cruiser for almost an hour the supervisor eventually came to the correct conclusion, that she had broken no laws. Hope she wins a nice settlement out of this one. Undoubtedly there’s lots of other police departments that would have hauled her in and thrown the book at her.

[u/wu-wei]

Update Jan. 18, 2021:

Greeley City Council on Tuesday approved a $200,000 settlement for a resident of the city who said her Fourth Amendment rights were violated