Officers Detain Citizen Investigating Corruption

[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 Terry frisks investigatory detentions and professional courtesy and is brought to us by 25s 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 in a society where all major news networks are owned by a handful of large corporations it is more difficult now than ever to find unbiased information and a variety of legitimate perspectives but news voice is revolutionizing the digital media landscape the news voice app offers its users a personalized news feed comprised of aggregated stories from major news networks international sources and independent media outlets and each story shows multiple sources which are all tagged with their bias and perspectives and best of all news voice is completely free news voice is available on both Google Play and iTunes so click the link in the description to get your free download now thanks again to news voice for sponsoring this episode on December 24th 2019 mister 25 discovered what he believed to be a hazardous chemical spill on the roadway outside of the Abilene water treatment plant in Abilene Texas after personally speaking with mr. 25 he informed me that he worked at the Abilene water treatment plant for five years and was fired after voicing his concerns about the conduct of the supervisors at the plans mr. 25 said that the supervisors were manipulating certain chemical test results and incorrectly measuring the chemicals that they were introducing into the city's water supply after being fired from the treatment facility mr. 25 began documenting the facility's misconduct which resulted in him being trespassed from the property he then made several attempts to reach out to local media organizations as well as the Abilene City Council but was shut down and ignored after discovering the chemical spill on December 24th mr. 25 reported the spill to the city and the Abilene Police Department as well as the Environmental Protection Agency and the Texas Commission on Environmental Quality mr. 25 went back to the location of the spill the following day and noted that the chemical was still in the roadway he checked back again the following day and it appeared as though the spill had recently been cleaned after taking a few pictures of the location mr. 25 began walking back to his vehicle when he was confronted by officer Schaefer of the Abilene Police Department it should be noted that mr. 25 has had a previous encounter with officer Schaefer and you can find a video of that interaction on his YouTube channel yes for what what crime what crime in my vida tape or to either use them over there or put you in cuffs and we're to go over there what crime am I being detained for okay all right hold on can I set this down please please can I set this down be gentle thank you can you tell me what I'm being detained for everything honey besides everything with you I don't answer questions you answer questions is there a reason I'm being detained yes because you were involved well what did i disturb I haven't talked to anyone so a reason you're searching me I'm not searching you I'm picking your weapons off of you for our sake yeah you know you had to go into my pocket for that right he was right there I saw it in plain sight the infamous Terry versus Ohio case established the foundational doctrine for when and how an officer can carry out a search on a suspect among many other aspects of policing while the Terry case did establish that a careful exploration of the outer surfaces of a person's clothing in an attempt to find weapons is a search under the language of the Fourth Amendment it also established that where an officer is warranted in believing that his safety or that of others is endangered the officer may make a reasonable search for weapons of a suspect regardless of whether the officer has probable cause to arrest that individual or the absolute certainty that the individual is armed this type of search must be limited to the exterior clothing of a suspect and must be confined to a search for weapons and is commonly referred to as a terry frisk if an officer detects an item that the officer reasonably believes is a weapon then he may enter the suspects pocket to retrieve the item given 25's knife was within plain sight officer Schafer is within his authority to remove the knife temporarily in an effort to secure the safety of himself and the other officers on the scene you won keep on getting smart we can get smart that's I just want to know why I'm worried before I just I told you I told you already I still don't know what disturbance I have not talked to anyone you've been over there causing issues no I'm taking pictures I have not been on that property okay not been on that property okay I've been on the public easement the sidewalk the entire time all right I'm gonna do a pat-down I've used on a search a pat-down for other weapons veget your camera right there I've got two pens and uh something else that is for my pump that's a phone because there was a chemical spill that I found on the 23rd and I reported it on the 23rd and I came earth sorry the 24th and I came back on the 25th nothing had been done about it and so I came back now to see if something else has been done about that chemical spill so which it looks like they have just recently cleaned it instead of at 9 o'clock or more like 8 o'clock this morning when it was reported to the city no why is that your concern because it's the general public can access that so why why is the city not protecting the general public from a caustic material whose concern is that is that everyone's concern so I was like you're just being a just a little employee no trying to get a rise out of people no that's all it is no there was Hannibal I have a brew there was a chemical on that ground you've already been through this before proof there was chemical on that ground ok all right I've notified the EPA so I have to call TCEQ but guess what they're closed today for some reason do you know why I'm being contained yet I still don't know if I haven't talked to anyone I was on public property and it didn't speak to anyone so how did I become a disturbing case oh I can be detained for no crime what am I being detained for somebody called in a disturbance can you so I'm detained until it's proven I thought I was innocent and so proven although it is true that all suspects are innocent until proven guilty a lawful detention does not constitute a notion of guilt the officers allegedly received a call that mr. 25 was causing a disturbance and based on the testimony of that caller the officers have acquired reasonable suspicion to stop mr. 25 and initiate an investigatory detention an investigatory detention is a temporary seizure of a suspect for the purpose of fulfilling three basic objectives to establish whether there is probable cause to arrest the suspect to determine whether further investigation is necessary and to ascertain whether the officers suspicions were unfounded during a detention officers may only do things that are necessary to investigate the matter at hand and ensure their own personal safety and the safety of the public at large a detention becomes a de facto arrest if its scope or intrusiveness were beyond that which is associated with investigative detentions and unnecessary under the circumstances a detention does not become a de-facto arrest merely because it could have been completed faster or less intrusively however officers must carry out their duties diligently and reasonably while there are no set parameters for how long an officer may detain a suspect courts often examine the totality of circumstances surrounding a detention to determine its legality officer Schaefer is well within his authority to stop and detain mr. 25 while the officers carry out an investigation into the complaint they received and mr. 25 s detention does not mean that he is guilty of anything hey what's your name and I still don't know why I'm being detained still I don't understand why okay a couple things one I'm going to reaffirm with you you're coming trespassed from this location okay yeah so I I'm talking I'm talking be quiet on September 1st 2017 the Texas Legislature enacted the Sandra bland Act in an effort to combat racial disparities among the ranks of Texas officers as well as overhaul the means by which Texas collects and stores data associated with police encounters the Act mandated higher degrees of de-escalation training for officer candidates and required officers to obtain an intermediate or advanced proficiency certificate in de-escalation techniques the Act also requires at least eight hours of mental health training to be included in the basic jailer course and to be completed by existing jailers by August 31st 2021 officer Schafer's attitude and body language has been provocative dismissive and unprofessional throughout the majority of this interaction and is counter to the fundamental tenants of the de-escalation techniques that are required by the state I have made a video that explains de-escalation in more detail which I will link in the info card above I saw you walking up over here okay no it ain't that hard for me to just assume that you were there but unfortunately we have no video evidence of that at this time okay do you have video evidence that you want to show me and we'll show you have stayed on the sidewalk the entire time that's exactly what this cameras for - okay that one's on my peep for a reason so if we had evidence you'd be going to jail for criminal trespass I know I'm very well aware okay - when an officer comes up to you his lights along telling you to stop or to come over here for a certain reason you are detained okay that means you will do what they tell you to until they release you from that detention all right otherwise it's resisting evading whatever it is if you do not comply with what that officer says okay even though I sighs have been committed where there was a disturbance and we had to investigate okay okay you were the cause of that disturbance so I would really highly suggest that you stop doing the stupid antics that could get you hurt oh I don't want to get hurt oh boy I'm out here during the day you know making sure my water company doesn't kill anyone that has access to hazardous chemicals so you're just doing stupid stuff no I'm holding my government accountable because you want to paycheck no yes that's exactly what it is absolutely not I want to hold my government accountable okay but do I want money out of it no I just want my government to do better for everyone that's what I want I'm not getting paid to do this I'm not gonna damned I I'm doing this to make a better future for everyone that is what I do this one I'm going to do this for money there are people that do this to make a better community for okay so I told you what you eat what you need to know okay for the future he's gonna take cuffs off you and you'll be free to go thank you you're welcome Pamela bachelor Schaffer Club 11 thank you I know we've talked I know this your knife thanks thing I know you don't like me but I'm doing this for the better I don't do this from mr. 25 was released and the officers left the scene without further incidents following the encounter mr. 25 filed an official complaint against officer Schaefer and was assured that officer Schaefer was re-educated on de-escalation techniques mr. 25 has continued his efforts to hold the Abilene water treatment plant accountable for their safety violations and has since filed public records requests for several years of the plants data but is continually met with resistance the city refused to provide the requested data in a digital format and demanded that mr. 25 pay a sum of fifty eight thousand dollars for printed versions of the data mr. 25 told me that he has begun taking steps to sue the city by filing a claim of tort but the city has all but ignored his suit mr. 25 has compiled all the evidence he has gathered into a video that he plans to launch on his channel in the near future so I highly suggest that you all subscribe to his channel for further updates on his story overall officer Schaefer gets a c-minus because although his actions were within the bounds of his authority interacting with citizens in a peaceful and tolerant manner makes up a significant portion of police work and officer Schaefer displayed a complete lack of professionalism throughout this encounter while the state of Texas has made significant strides to improve the quality and accountability of its respective police forces interactions like this one highlight the difficulties of those policies translating to the landscape of policing at the ground level and expose a gap between legislation and the practical application of legislative acts within the context of law enforcement while state and federal legislation is an important aspect of regulating law enforcement it is the duty of individual police officers to maintain a high degree of respectability and dedication to the demands of their industry officer Schaefer failed to treat mr. 25 with the common decency that should be afforded to all citizens and thus failed to carry out essential principles of his duty as a law enforcement officer mr. 25 gets an a because although he appeared somewhat confused about the intricacies of lawful searches and tensions he remained calm throughout the encounter attempted to engage in a civil dialogue with officer Schafer and followed up this encounter with the proper legal action mister 25 s dedication to exposing the misconduct of the Abilene water treatment facility is admirable and the lengths that he has gone to in an effort to ensure accountability should be recognized the citizens of Abilene would do well to take notice of mr. 25 s efforts and demand more transparency from their representatives corruption at the local level is all too prevalent and often difficult to expose local police forces government officials and judges make up a nearly impenetrable industry that is challenging to unmask and mr. 25 s journalistic mission is certainly one that can be appreciated I commend mr. 25 for his dedication to civilian journalism and once again I encourage you all to give your support to his channel and follow up on the work he is doing you can find a link to his 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 Like and subscribe for more police interaction contents [Music] you

Channel: Audit the Audit

Views: 628,062

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: u_djy47FLxw

Length: 17min 11sec (1031 seconds)

Published: Tue Jun 16 2020