Officers Arrest Good Samaritan After Aiding Crash

[Music] welcome to audit B audit where we sort out the who and what and the right and wrong of police interactions this episode covers witnessing an accident obstruction of justice and evidence tampering and is brought to us by the life and liberty law offices 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 news voice are you tired of all the misinformation circulating on social media do you wish there was a place to get news without all of the opinions and pandering news voice is a revolutionary digital media platform that offers its users unbiased summaries that link to sources from all sides of the news spectrum news voice is driven by its readers and allows you to upload stories that you find interesting and even contribute yourself by adding links or stories news voice gives its users a personalized news feed by aggregating major news sites as well as international and independent media into one easy to use platform news voice is available on both Google Play and the App Store and is completely free become better informed and show your support for AATA by downloading the News voice app using the link in the description thanks again 2news voice for sponsoring this episode on September 22nd 2019 Colorado resident Preston Sal and his girlfriend were leaving a local pub in Loveland Colorado when they saw a motorcyclist lying underneath a crashed motorcycle that was blocking the exit of the parking lot mr. Sal and other bystanders went to help the motorcyclist and another bystander lifted the bike off the man who was bleeding and visibly injured among the emergency personnel arriving on the scene was officer Paul Ashe of the Loveland Police Department [Applause] where is like in the Fifth Amendment's right to remain silent clause protects citizens from being forced to answer the questions of police officers there are no laws which require citizens to give statements to members of law enforcement if they have witnessed an accident however some states such as Minnesota Vermont and Rhode Island make it a misdemeanor offense if it is known that someone is in serious danger and someone can intervene safely or call 911 and they do not it should also be noted that Colorado Revised statute 18 - 8 - 115 states that it is the duty of every corporation or a person who has reasonable grounds to believe that a crime has been committed to promptly report the suspected crime to law enforcement authorities all that said no crime was committed and mr. Salle did what he could to aid the crash victim mr. Salle is under no legal obligation to speak to officer Ashe about anything and officer Ashe has no legal authority to force mr. Salle to make any statements here mr. Salle states that he did not remove the motorcycle from the victim bad is important information to keep in mind as you watch the rest of this video [Applause] [Applause] [Applause] right here unlike most states Colorado has two statutes which refer to the act of obstruction Colorado Revised statute 18 8 102 states that a person commits obstructing government operations if he intentionally obstructs impairs or hinders the performance of a governmental function by a public servant by using or threatening to use violence force or physical interference or obstacle and Colorado Revised statute 18 - 8 - 104 essentially says the same thing but also includes the obstruction of firefighters emergency medical service providers rescue specialists and volunteers the use or threat of violence or force is a key element of both of the statutes Authority and mr. Salz refusal to speak with officer Ashe does not fit into the language of either of those statutes at this point officer Ash's actions only serve to escalate the encounter and evolve into what will become an illegal detention and arrest put your hand behind your back no no you're being wrong officer ash grabs mr. Sal in an attempt to handcuff them in a small scuffle ensues which results in mr. Sal being thrown to the ground and arrested there's no reason for this there's no reason for this get my fault Jerry I [Applause] didn't want to talk to you I didn't have to talk to you matter I didn't have to talk to you I don't know what happened he came over we saw him down I came to help him get his makeup okay and that's why I need to talk to a shrink so if you [Music] know I want to talk to him right now you can talk to him before you go to jail I didn't do anything I hope to get his bike up that's why [Music] [Applause] here officer Ashe openly admits that one of the other bystanders was the one who actually moved the motorcycle essentially validating everything that mr. Salle stated during their investigation officer Benjamin de Lima makes some interesting statements to officer Ashe [Applause] Colorado Revised statute 18 - 8 - 6 10 states that a person commits tampering with physical evidence if believing that an official proceeding is pending or about to be instituted and acting without legal right or Authority destroys mutilates conceals removes or alters physical evidence with intent to impair its Verity or availability in the pending or prospective official proceeding or knowingly makes presents or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding an individual must intend to alter or destroy evidence that they are aware will be used in a court proceeding in order to commit the violation of tampering with evidence even if mr. Salle did move the motorcycle off of the crash victim he did so in good faith that his actions were aiding the victim at no point at mr. Salle displayed the nefarious intention to alter the scene of the accident or destroy evidence pertaining to the accident officer ash speaks with mr. Salz girlfriend and approximately 20 minutes after mr. Salle was placed into the patrol car officer ash transported him to the hospital mr. Salle dislocated his shoulder during the scuffle and tore his rotator cuff which had recently been surgically repaired the medical staff at the hospital informed officer ash that mr. Salle could not be booked into jail in his condition so officer ash issued mr. Salle citations for obstruction of a peace officer and resisting arrest in the following months mr. Salle had to undergo a complete shoulder replacement surgery and the 8th Judicial District Attorney's Office dismissed all charges against him On June 22nd 2020 mr. Salle filed a lawsuit against officers Ashe de Lima Schnoor and Bart Nez alleging that the officers violated his first and Fourth Amendment rights and that the city of Loveland violated his Fourteenth Amendment right to due process by failing to appropriately train its police officers the complaint requests financial compensation for mr. Salz injuries as well as apology from each officer involved in the incident none of the officers involved in this encounter were disciplined for their actions and the Loveland Police Department has refused to comment citing the ongoing lawsuits over all officer ash and the other responding officers get an F for displaying a complete misunderstanding of multiple Colorado statutes escalating a non criminal traffic accident into a criminal encounter and illegally arresting mr. Salle for refusing to answer their questions at no point in this interaction was mr. Salle legally obligated to interact with the Loveland officers in any way especially not to answer their questions about anything officer Ash's conduct is contrary to the fundamental tenets of the Fifth Amendment and his willingness to escalate this encounter into a physical altercation is a testament to his emotional instability and unprofessionalism the fact that the Loveland Police Department neglected to discipline any of these officers is also extremely concerning and highlights the department's inability to govern itself or hold its officers accountable for their actions mr. Salle gets an a-minus because while he was well within his rights to refuse officer Ash's questioning he did resist arrest and ultimately ended up getting seriously injured while there is merit to the notion that citizens should be able to resist an unlawful arrest it simply does not translate to a practical solution on the street and never bodes well in the courtroom the American justice system is far from perfect but until radical change is made we must all operate within the bounds of that system seeking justice on the street instead of within the courtroom can have dire consequences and it is always better to find justice inside a courtroom than risk your life against an officer who is willing to commit acts of misconduct always bear in mind how your actions will reflect in court and never resist an arrest if at all possible mr. Salle was well aware of his rights during this interaction and it is very likely that he has a major case on his hands I commend mr. Salle for having the courage and conviction to stand up to officer Ash's misconduct and I wish him the best on his journey for just compensation let us know if there is 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: 2,144,730

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: cv_oTM80PlA

Length: 12min 52sec (772 seconds)

Published: Tue Jul 14 2020