Sergeant DEFENDS Citizen From Corrupt Cops
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- Опубліковано 19 вер 2024
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Welcome to Audit the Audit, where we sort out the who and what and the right and wrong of police interactions. Help us grow and educate more citizens and officers on the proper officer interaction conduct by liking this video and/or subscribing.
This video is for educational purposes and is in no way intended to provoke, incite, or shock the viewer. This video was created to educate citizens on constitutionally protected activities and emphasize the importance that legal action plays in constitutional activism.
Bear in mind that the facts presented in my videos are not indicative of my personal opinion, and I do not always agree with the outcome, people, or judgements of any interaction. My videos should not be construed as legal advice, they are merely a presentation of facts as I understand them.
FAIR USE
This video falls under fair use protection as it has been manipulated for educational purposes with the addition of commentary. This video is complementary to illustrate the educational value of the information being delivered through the commentary and has inherently changed the value, audience and intention of the original video.
Original videos:
Part 1: • Comal County Sheriff P...
Part 2: • Comal County Sheriff P...
Part 3: • Comal County Sheriff P...
The Battousai’s channel: / @thebattousaimedia
Sources:
South Dakota v. Opperman - bit.ly/3oMhu2k
Cardwell v. Lewis - bit.ly/2MCXke6
Texas Penal Code § 38.02 - bit.ly/3cJLl9a
Ohio Revised Code § 2921.29 - bit.ly/2LmHqDW
Stein v. New York - bit.ly/3joeckx
18 U.S. Code § 3144 - bit.ly/3jmrYEl
Federal Justice Statistics, 2016 - bit.ly/2OaSLYV
Louisiana Revised Statutes Tit. 15, § 257 - bit.ly/3tyAqVE
Gitlow v. New York - bit.ly/3azQ4Yw
State Action Requirement - bit.ly/36Hd4nd
Texas Penal Code § 30.05 - bit.ly/2LmJjk0
But when a cop wants to search a car it’s suddenly not subject to the same privacy as a home anymore.
Good point.
Driving is a privilege, not a right.
It's my right to travel 😂
@@ChaosTheory666: Living in a home is a privilege, not a right.
Yeah right!! If what this cop said were true, why when getting a search warrant do they need one specifically for a house AND a car if a car is an extension of your house they wouldn't need a search warrant to specify your car too but that doesn't happen because this cop is a liar
Cop: “Now you’re a witness to this crime we’re doing.”
The one time this cop accidentally told the truth.
Time stamp please
You got that right.
@@pandoratheclay3:20
And some seconds before 😁
They let that mask slip.
The ignorance of these officers is shocking.
Are you truly shocked? In this day and age?
I grew up in New Braunfels. It's not shocking to me. Idiots.
There has never been even one cop, who is any smarter than these. Cops with three digit IQs are a fantasy for television.
Personally I’m not shocked anymore. I’d be more shocked if a cop actually knew the law and respected our constitutional rights.
Most cops are tyrannical not ignorant.
“You can speak to him, but it’ll be in handcuffs and at the jail” is a scare tactic and direct threat from these corrupt cops who clearly know they’re wrong and trying to not get their superior involved. Disgusting.
These are daily tactics used against Blacks, Browns and Black and Brown like Whites (poor lightly educated). Police are armed thugs, this would include my siblings too; for once one joins, they have to follow protocol.
The threat of arrest for asking to speak to a supervisor is ridiculous and should be the end of that officers career.
Crooks,lies, trash blue boys😢
Actually that's coercion and is a lawsuit
@@shannonmuse9859 not quite what was said though. They said they gonna arrest him likely if he refuses to id, then he can talk to the sargeant at the office.
@@mikeserds2333tomato tomato
@mikeserds2333 Which is a felony offense for people in power...Just the hint of it. USC....I would have to ask my brother he's a lawyer
He didn’t “witness” a crime. He didn’t see the drug deal. He saw the cops pull a car over.
Exactly!The cop's did something wrong and thought they got caught.
yeah walking up to an investingation doesnt make you a witness to the crime that was committed. these cops are dumb as fuck
Those cops used him witnessing the cops criminality as a reason to ask for ID.
I don't know the laws too much in Texas but I feel like they may have violated the truck drivers rights by telling a random witness what crimes they committed. Saying he found narcotics in the truck when they shouldn't be sharing someone's else's crimes to a stranger whose not part of the situation and unidentified 😅
@@PlaidHikerthat’s a 200 IQ power move. Or gross incompetence
It's incredible how citizens are the only people that seem to be required to know their rights.
It's amazing how most don't
The word is that some desperate precincts do hire illegal aliens, but I don’t think it’s a super common thing. Most cops are indeed citizens.
Oh, the cops know his rights, but they can legally lie to get you...
theres a reason for that
keep the working class enslaved and uneducated@@captainbeefstik9698
As long as they are nice and professional like the sergeant was who cares if they are legal or not!
4:03 I busted out the biggest laugh when he said “ur probably gonna end up in jail because you witnessed a crime.” 😂 that’s the best!
You can always tell when shit is talking!
I didn't laugh, I just kept shaking my head.
I just can't process these thugs and what they do.
"I don't know what crime they committed" "You don't have to know" pretty sure that is one of the main requirements to being a witness
To be a Witness to a crime, you have to have WITNESSED the CRIME.
It's Insane the cops don't understand that.
@@Jirodyne But you can be a witness without knowing a crime was committed. For instance, if you see someone driving a car at a gas station, possibly have a picture of that person in the car. You can have no idea that they stole it, but still know you saw them driving the car.
If they insist that you have to provide that evidence and you don't want to they would need to subpoena you.
@@prestonbain6670 Except that isn't Credible evidence enough to BE a witness. You just seeing some guy, who could be important, months ago on a day you don't remember, isn't going to be enough to do anything. You'd never be able to prove anything. People have to WITNESS a crime, to be a witness, cause then they would REMEMBER those events. Getting a Subpoena 2 years later to be a witness cause you saw a guy once, at night, out of the corner of your eye, isn't going to fly.
The same here. The guy seems to have just recorded the police pulling someone over, and arresting them. That isn't a crime. That isn't a Witness to a crime. There is no witnessing of anything, but the police arresting someone, which if they had Bodycams would be the top evidence, not some guy 50 feet away across the street who didn't actually see anything lol
You are a witness to this crime, let me tell you about the crime, so you can be a witness in court.
😂Hearsay 😂
@@prestonbain6670
You are right, and Jerodyne is wrong. It’s annoying that other ignorant people upvote the incorrect posts, but oh well.
The irony that the cop starts by saying the car is an extension of the home, when not only is that blatantly false, but if it were true it'd mean he needs a warrant to be there, is the best part of it.
Cops use exigent circumstances, I smell marijuana, to get around the warrant for a car when on the road.
Exactly. You can't just "smell weed" to bypass the warrant requirement and search someone's house.
Isn't it funny that you can be arrested for sleeping in your car "Extension of your property".
@@gta4everrryou can in some states with vehicles but you're only allowed to search the passenger compartment and passengers. If they find something then they can search the trunk too.
I think he was confusing castle doctrine with this lmao
amazing how citizens are expected to know and follow "ALL" laws but law enforcement is exempt
That is 100% what is crazy about police interactions. Such a double standard it's so infuriating. They'll often say ignorance of the law is no excuse to citizens but apparently is for officers. Then the extra blanket of qualified immunity. Just crazy
@@dakotahendrickson1767 you forgot that its is legal for the pigs to lie you, but if you lie to them... well anything you say or do can and will be used against you in court, you have the right to blah blah blah etc etc
It's ridiculous, but no one would be qualified to be a cop if they were all properly educated in the law. They might as well all become lawyers at that point. lol
@@shelch well thats just it. we would all need a law degree with how many laws there are
@@shelch thats true as well, so instead lets just get everyone's high school bully to do this job, its a clown world eh
One of my siblings was a police officer for 42 years. He told me that once a police officer crosses their arms when talking to anybody, they are now in the mode of bullying, not listening. When a cop crosses their arms, when talking to a civilian, that’s when recording is most important.
Literally like a 5 year old.
I cross my arms habitually, I don't wanna come off that way cuz of that if I ever become a cop :,)
people do have cues, but what your sibling said is not 100% correct
Make sure to call rank, and stop talking to dip shit.
Sorry you have filth in your family gene pool.
Ignorance of the law has never stood up in court for a private citizen. Why should it matter for bullies with guns?
They know what they are doing, they just don’t care. They literally told the man he’s a witness to the crime now and they need his ID but when he asks for a supervisor, they say “so you aren’t even part of this scene but you want to talk to the supervisor.”
These cops just lie and make stuff up constantly to fit their narratives and get what they want. At first they want him to leave, then they want to arrest him and then they want to prevent him from talking to their supervisor. Crooked cops at their finest.
It's called Qualified Immunity...and corrupt / incompetent LEOs depend on it...!
New Mexico pigs don’t have qualified immunity
What's funny is police officers and judges have used ignorance of the law as an excuse hundreds of times and they always get away with it
Police officers are literally trained how to be in a Perpetual state of fear 24/7 365 to justify any of their actions remember they don't actually have to see a real threat all you have to do is scare them and they're allowed to kill you
“Then you’re probably going to go to jail because you’re witnessing a crime.”
Seriously where are they finding these cops lol. They just randomly say things that don’t even make sense.
Its amazing isn't it. We need more auditors to plug the gaps in their education
It makes sense when you're a victim of Carter's dep't of Misunderedukasjon; we're cranking out a ganeration f kompleat idjutz.
I love how the officer literally said you are witnessing us committing a crime against this person
Pfffffffffftttttttttttttbwuhahahahahahaha
Intimidation tactic! Didn't work.
Yep they can lie their asses off
The cops are literally just making things up out of nowhere lol. I’m glad the sergeant actually has some resemblance of common sense.
They are known to do that
@@SpencerfromEarthnot always. ATA and LL have shown incompetent sgts, LTs and chiefs
@@DblyaC I was talking about cops making things up not the sergeants. The sergeant here didn't even do a good job he did the bare minimum
I think it is more an issue of they are aware of what THEY cannot do (search inside the car), so extended that to the idea that the public can't do it either. But they also should know that they can freely look inside of a car through the windows or an open door without getting a warrant, so why can't a citizen do the same?
Intimidation, threats of violence (kidnapping, a felony), harrassment, violations of rights under color of law, conspiracy to violate rights, and possession of a firearm in the commission of a violent felony are all actual crimes committed here.
Keep putting their faces out there. Their family and friends already know how narcissistic they are but the public deserves to know. Also it helps put the faces of hope (like the sergeant) out there.
"You witnessed a crime!"
"I didn't see what happened."
"I told you what happened!"
Riiiight. That's going to hold up on court.
At that point it'll be thrown out as hearsay. That cop is an idiot, and should be charged with instructing or directing a witness/potential witness.
When you don't know the difference between witnessing a crime and witnessing someone talking about a crime😂😂😂
😂😂
Heresay is as good as gold in nazi rights abuser amerkkkia anymore they didn’t tell ya lol
Any clown can tell the cops a fake story about you and your guilty until proven innocent constitutional rights freedom abuser liars
@@SCFPV It would be witness tampering....
The funny thing to me is..if that same cop looked into a vehicle and saw like...a bag of pills...he wouldn't just say.. extension of their home can't ask about it. He (the police officer)would suddenly have a crystal clear understanding of the lack of privacy expectation while in a public place and use it to his advantage.
It's called plain view doctrine. Anything they can see, and can be identified as contraband, can be seized. And yes, it applies to citizens as well. Privacy is the requirement of the person who wants the privacy, even in their home. If your neighbor is in your back yard peeping, he is guilty of a crime. If he looks through your front window as he walks on the sidewalk, he has not broken the law.
They could search your home if you had drugs in plain view. Still, a vehicle is not an extension of your home that's silly.
@@Tijuanabill I've updated my comment as I think you may have misunderstood it, it may be hard to understand but im essentially making the argument the cop would suddenly have the exact opposite view if it were himself making a plain view observation rather than the journalist
@@juliette2366 I agree now, and always have agreed. Pigs are good for breakfast, and not much else.
They know what they can and can't do. They just don't care. They use intimidation and most people just break from fear and allow them to do whatever it is they want to do.
I’ve said it 1000 times and I’ll say it 1000 more. A Barber has to have TWICE as many hours of training before going to their first day at work.
Cop's a victim of Carter's Dep't of Misunderedukasjon; we're cranking out a ganeration f kompleat idjutz.
While making more money with less risk
And that's just training. One also has 2 Years of school compared to 3 months at an academy
For real? Thanks for sharing this info. That’s so messed up and wrong! Oh my how pathetic.
Cops need absolutely 0 training in some places before their first day of work. A guy showed up in our online gaming group once, and after a couple weeks told us he just got hired by the local city police department and his first day of work was tomorrow. I asked about training and he said "chief said most new cops leave within a few weeks so he wasn't wasting money on sending me for any training--if I was still there in 6mo he'd send me to the state police academy". They literally gave this dude a uniform, badge, and gun and simply told to go forth and start copping..
They can ask for a COPY of the video, but they are NOT allowed to steal the camera for the video. That’s called theft.
I don't think that's correct providing they return the camera.
Even after a supervisor shows up, They STILL Don't get it trying to ID you. Dangerous cops.
And ask their Sergeant to still try! 🤦♂ That might earn them a kind inofficial remark later about chain of authority. I mean, the seageant's demeanor should have made it clear that he was basically saying 'You're done here, I will re-evaluate the situation." It was mildly out of line, almost a bit cocky, and probably an attempt to not appear in the wrong later.
@@Dowlphin Yep
@@Dowlphinfor real if I was that Sergeant I would be having a chat with those deputies later about the chain of command and undermining my authority. They acted like they were HIS supervisor and that can’t stand.
Another video of cops not knowing how to evaluate and assess a situation. The SGT finally got it but demonstrated a lack of knowledge of the techniques to assess and question to arrive at facts and a solution. Most uniform cops do not have the training to know how to conduct an investigation beyond "shut up and listen or you are going to jail" even when they have no facts. I taught basic interrogation and investigative techniques during in service training sessions to train officers so they could avoid the circus that took place in the video.
This is how many of them are trained and expected to operate by their departments. This behavior will only stop if it starts costing the PDs significant amounts of money. Which is unlikely to happen thanks to Qualified Immunity and the sheer cost of pursuing cases like this in court.
When have cops ever treated a car as “an extension of someone home” and respected privacy? 😂
Imagine how this "law" might benefit Travis Heinze should it exist?
I imagine it would not go well: "No warrant, I am not stepping out" 😂
He sounds like a sovereign citizen.
When it serves their ego.
Why didn't they just close the door an create privacy?Seems a little shady they he caught them doing something nefarious .As for as I saw the two arrested people nor the crime was captured on Phillips video.
Its insane that even the most basic paralegal has more knowledge than these police officers.
Police are not hired for their in-depth knowledge of the law
They are hired to ensure the political elite are looked after and protected from you
If the government wanted the police to know the law there would repercussions
Rules are only enforced by the consequences that follow them
I feel like it's often less that they're unaware of the law, so much as that they cannot accept that we now live in an age where they should expect the laws to apply to them. Officers have enjoyed a couple hundred years of doing whatever they want with few repercussions, then, suddenly, we've entered an age where their misdeeds are being recorded and they cannot adjust to that.
given pay an education of average cop not surprising at all.
The most basic high schooler knows more than a cop does.
people in europe knows more of these rights in america, than american cops do@@paulthomas8262
I really want to thank u (audit the audit )for the channel this is what people needs for the knowledge to protect from all the corrupted cops ...I really appreciate it
The police objected to someone recording because of privacy but had no objection telling a complete stranger why the suspects were arrested. This was never about privacy.
To be fair, the charges against the people are of public record anyway.
Very sad how weak and fragile these police officers egos are.
Just comply. Words police live by.
It's even sadder how ignorant they are.
@@respectmyauthoritah1875citizens will comply when cops start lawfully complying with the law.
And who’s called snowflakes??? 😅😂😂
Well cm9n most cops are the needs we picked on on highscool
It’s like these clowns are incapable of having a normal conversation without wanting to arrest whoever they are talking too
It’s like the clowns recording, nothing better to do than to find trouble, audit my ass these auditors are cringe and most the time not exposing shit lol
True, and nicely worded
Not true. Mostly they only want to arrest criminals who have committed the egregious crime of refusing to bow down and lick their boots.
Its called being drunk on power
You shouldn't of used that word, "CLOWNS", I use that word all the time for IDIOTS 🙂
I love it when cops pretend they're lawyers
The perception that cops are above people disgusts me.
They forgot they're servants.
@@user-wd8mh6id4u Younger me would agree with your statement but now not so much. They don't "serve" us. They aren't here to protect us (Supreme court ruled that one). They are the standing army our Forefather's warned us about.
Ya and we pump funds to them from h*ll😮
Why can cops just do their job without feeling like they own everybody around them.
because anyone can become a cop, they bar is set very low, any below avarage person can become one, and pay is pretty decent, so there you have it.
its how they are taught
Because when a human being is given more power over another their savagery rises to the surface. The human race is a bunch of unevolved, predatory, feral savages who still live is caves in the jungle.
Because there is a certain type of person who wants that level of control over others.
Power corrupts. It takes character to be balanced and fair when you have power.
He did not witness a crime, he witnessed an arrest.
The crime....is it the popo doing what they know is wrong
I think the cop slipped up, and Mr. Turner witnessed the cops doing the crime.
That's what i saw too, but cops in our country are crazy, but i can't believe that a supervisor did something right o_O. That happens not often nowadays, but i like it. Seems there are still some good pigs out there.. oh i mean gestapo... errrr cops sry
3:20 “now you are a witness to this crime we are doing
@@downhomesunset absolutely correct.
I’m only in high school and these are helpful, I’m not planning on going into any type of law enforcement type job or anything that has to do with the law. But knowing things is very helpful.
Cops - Your video recording is illegal
Also cops - We want to use your illegal video for evidence against the guy we’re arresting.
Me - Somebody please make it make sense….(Face palm)😒
Your the dumb one if it dosnt make sense
... while recording you on bodycam, and while being filmed by traffic lights, ringers, ATMs, dashcams and so on...
its simple, they get every benefit to do however they please and you get fucked on a technicality
This one seemed less likely they didn't like the fact he was, which they still didn't like it but they knew couldn't stop him from recording so instead decided to focus on where he was recording.
You forgot, also cops- we recorded the same thing from multiple angles. It makes sense, but it just isn't good sense. Their philosophy is "do as I say, not as I do".
"We can arrest you for witnessing a crime and not identifying yourself."
"I don't know what happened."
"I just told you!"
I'm betting courts love it when the witness cites the officer for their knowledge of the situation 🤦🤦🤦
Than why you comment....if you donr know what happened🤣🤣🤣
So it's now illegal to witness a crime and then not tell your name to the nearest police officer???
are you really that thick?@@sampaunovici614
@@ianbattles7290he didn’t witness the crime, he witnessed the officers response to the crime. Had he seen the people using narcotics before the officers arrived, that would make him a witness. He is fully within his rights to refuse to identify himself.
Isn't that kinda like entrapment?
It always amazes me how often abusers blame you for their actions.
Narcissist 👍👍👍
preach
Apparently these cops are mindless puppets without any free will of their own
Thats what allows abusers to abuse, outsourcing the responsibility of their actions.
Yeah, "Look what you made me do!"
Police: you can’t have tints that dark; there is no right to total privacy on a public way
Also Police: HEY YOU CAN’T FILM HIS WINDOWS!!!!!
I like that even if the sergeant was confused on the situation and laws, his entire outlook was just to be productive, and fair to everyone involved. What a gentlemen 👍
Not knowing the law is pretty much never the reason for an F grade. Like some cops on here didnt know the law but when challenged they did more research or contact a supervisor to be sure.
Then you have cops like these that only see laws as tools to blatantly violate our rights to sate their ego. It doesn’t take encyclopedic knowledge of the law to pull up the relevant law on your phone or just, yknow, not be an asshole
There’s absolutely no way for anyone to know what another person witnessed. It’s hard enough for someone to know exactly what they have witnessed personally.
Hence why eye-witness testimony is some of the weakest evidence that exists since it's 'claim vs. claim'.
@@kinagrill and the more traumatic or stressful the event you are witnessing, the less accurate your memory becomes.
Exactly. IIRC, there's like a reference-case done to test eye-witness testimony value with a carcrash where there were the two drivers and 18 bystanders. That means 20 people involved either directly or as eye-witnesses, and the police ended up with around 20 different-variant testimonies in total.
They had to filter out those that didn't really see much and just lied about seeing something. They had to filter out those that wanted to help and overshared details mixed with inferred-only things. Then you have those that tell the truth but remember certain details wrong, and others that claim ot have seen everything from both vehicles' perspectives, etc. and maybe 1 person just being objectively factual on what they saw and nothing else added.@@danmeyers2506
The witness schtick was a lie. They didn't give a shit that he witnessed anything. He hurt their feefees and they wanted to identify him so they could target him.
First it's "Stand back", then it's "I need your ID", then it's "You're a witness to a crime", then it's "You're trespassing". He just kept making up excuses so he can escalate to violence.
The second officer was just looking for an excuse to go hands on and his last statement proved it
He wasn't a witness to the alleged crime. He didn't see any crime take place
If a car is private, then it makes 0 sense that people drunk in cars are charged with public intoxication, or that people can be charged with public indecency if being intimate in a car. Be consistent.
People drunk in cars are charged for dui/dwi not for public intoxication
@@Maximilian1990 They aren't charged with DUI if they are not driving or in the position to do so.
@@Ashmo613yes they are, all the time. Cops will arrest you for sitting in your car when it's shut off, or standing by the door with the keys in your pocket
The Supreme Court has said multiple times that police officers have absolutely no obligation to protect anyone or keep anyone safe their job is to protect property
So why are they allowed to pull you over or give you a ticket based on your safety or lack thereof if it's literally none of their f****** business according to the Supreme Court?
@@RustyShacklefordReal you're talking about intent
If the car was completely turned off and there was no lights or accessories on and you had the keys in your pocket or you're sitting in the driver seat your lawyer can prove that you weren't driving or going anywhere
It doesn't matter what you're charged with all that matters is what they can prove in court
Yes your honor, I was a witness to a crime that I didn't see first hand but these fine cops here told me all about it and what to say.
“That’s right, listen to my coaching. Back the blue. Here’s a $20 for gas. -wink-“ -officer
"I witnessed an arrest. I did not witness a crime." -What he should have said
1. Always record the police.
2. Always get their names and badge numbers.
3. Always ask, "Am I free to leave?"
4. Always ask for a supervisor.
5. Always remember you have the right to disobey an unlawful order from the police if you are confident they won't be able to demonstrate in court that the order was warranted and made necessary by your conduct. An arrest following refusal to obey an unwarranted police order is unlawful.
6. Always remember you have the right to refuse to identify yourself if you're confident that the police won't be able to demonstrate in court reasonable suspicion of your involvement in a crime; otherwise, provide your full name and nothing more, especially if threatened with arrest.
7. Always tell the cops, "I don't consent to any searches or seizures, and I won't answer questions."
8. Always remain calm. Trigger happy cops are easily startled.
9. Never resist arrest! Unless you can do so safely and you have a valid reason like: self defense or defense of others, unlawful arrest, excessive force, necessity, mistake of fact, duress or coercion, malicious prosecution, preventing a crime, protecting property, medical emergency etc.
10. Always get a lawyer and sue when your rights are violated, targeting individual officers and their department or municipality. Holding officers accountable removes those unfit for duty, while suing the institution can drive policy change.
For drivers, prepare the following statement in print or writing to provide to the police along with license, registration and proof of insurance:
*WARNING OF LEGAL ACTION FOR RIGHTS VIOLATIONS*
During our interaction, I wish to assert my rights as follows:
Under the Fourth Amendment, I decline any searches or seizures. Additionally, in accordance with the Fifth Amendment, I affirm my right to remain silent.
The 2015 SCOTUS ruling in Rodriguez v. US established that a seizure justified solely by a traffic violation "becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission" of issuing a ticket.
I understand that a routine traffic stop may escalate if the police suspect wrongdoing. In such cases, I assert that I'm not obliged to prove my innocence. Any abuse or confusion leading to an arrest will result in legal action to protect my rights and hold responsible parties accountable, including individual officers and their department or municipality.
For safety precautions, I'll keep my hands visible on the steering wheel, briefly crack the window to exchange documents, and promptly close it shut. I refuse to obey the order to step out of the vehicle as I consider it unlawful because it is both unwarranted and not made necessary by my conduct. My freedoms don't end where your fears begin. However, I will exit the vehicle if you place me under arrest.
I expect you to respect my rights, as per your oath to uphold the Constitution.
Sincerely, [Your Name]
--------------------------------------------
*QUALIFIED IMMUNITY*
Qualified immunity is a legal doctrine that shields government officials, including law enforcement officers, from civil liability for actions performed within their official capacity, as long as those actions do not violate "clearly established" constitutional rights. However, there are certain circumstances where qualified immunity might not protect police officers:
1. **Violation of Clearly Established Law**: If a police officer violates a constitutional right that has been clearly established by existing case law, qualified immunity may not apply. In such cases, the court determines whether the law was clearly established at the time of the alleged violation.
2. **Excessive Use of Force**: If a police officer uses excessive force in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures, qualified immunity may not shield them from liability. Courts examine the specific circumstances of each case to determine whether the force used was objectively reasonable.
3. **Malicious Conduct**: Qualified immunity does not protect officers who engage in malicious conduct or who knowingly violate the law. If it can be shown that an officer acted with malicious intent or deliberately disregarded someone's constitutional rights, they may not be entitled to qualified immunity.
4. **Gross Negligence**: In cases where an officer's conduct demonstrates gross negligence or reckless disregard for the rights of others, qualified immunity might not apply. Courts may find that such conduct goes beyond the scope of official duties and therefore does not merit immunity.
5. **Violation of Clearly Established Policies or Procedures**: If a police officer violates departmental policies or procedures, which are designed to protect individuals' rights, qualified immunity may not shield them from liability. Adherence to departmental protocols does not automatically grant immunity if those actions still violate constitutional rights.
6. **Lack of Subjective Reasonableness**: Even if an officer's actions are deemed objectively reasonable under the circumstances, if the officer's subjective intent is malicious or in bad faith, qualified immunity might not apply.
In summary, while qualified immunity generally provides broad protection to law enforcement officers, there are exceptions when their actions violate clearly established constitutional rights, involve excessive force, demonstrate malicious intent, or exhibit gross negligence. Each case is evaluated based on its unique facts and circumstances.
--------------------
_The text advocates for asserting rights during police encounters and holding law enforcement accountable. It emphasizes recording interactions, asking for identification, and seeking legal counsel. It challenges qualified immunity, highlighting exceptions where officers may be held liable for violating constitutional rights._
‒ ChatGPT-3.5
The Sargent wasn't defending him. He was trying to defuse the situation before his department got sued. The deputies were most likely up too no good and we're attempting too intimidate Turner for standing and filming.
Wouldn't be surprised if they planted drugs and wanted to ensure the cameraman didn't catch it.
Exactly, these guys are tyrants. If you are the cops and are doing nothing wrong then why would they be mad about anyone filming? It is maddening how corrupt this system is.
I swear he should have dared thrm to arrest him and checked in a fat check later on.
These deputies needs to be removed from the force immediately. They are a threat to the public. 🤦🏻♂️🤦🏻♂️🤦🏻♂️🤦🏻♂️
I feel, if they really want to keep being cops they need more & better training…paid for…..Out Of Pocket……….BY THE Officers.
Yeah, well, good luck with that.
It's super weird how many people in the US, not just cops, have no clue or don't care how filming in public is protected.
Where do people even get the idea that it is somehow illegal to operate a camera on a public sidewalk???
@@ianbattles7290 It's alot of boomers. Not exclusively them but the majority of people I see freaking out about someone filming are boomers. Tons of them actually think they need to sign some kind of damn waiver too be filmed in public. They truly are the generation that doomed this country.
One of the biggest ongoing flaws we have as humans is inflated entitled egos.
There is a nice thing in the law called the plainview doctrine that states anything you can see from a public space can be legally recorded
I hate being filmed period or pics but I know I have to get over it or go home , im just big tall goofy sob , is what it is
"Because now you are a witness to this crime that we are doing"
For those that don't know, this is the guy from the famous Turner V Driver case. Really cool that he continues his civil rights activities
yeah he is one of the best
Only comment I’ve seen who knew of him
He has actually slowed down considerably, he's currently doing something a little like Audit the Audit now, but this interaction happened after his illegal detention and just before Turner V Driver was heard by the 5th Circuit
Word to the wise. Today’s police officer is not qualified to be a security guard.
Or a school crossing guard.
THIS is an example of what a good channel is. Explaining what was being done wrong, what was right, why, and even has a grading system to help give his opinion based on what was presented. Getting all sides of the story and following through with our rights is more than just that, it is our responsibility as citizens.
We praise those who do well, because being a police officer is not an easy job. Just as we should point out when an error is made, because that is how we learn and improve.
The courage to speak out the truth is fundamental in our journey to ensure that we become a better and more perfect union, and I am happy to see channels like these doing the right thing.
Courts have ruled that police have no legal duty to actually "serve and protect" as the motto states, and general citizenry has no legal duty to assist police in their investigations, nor is NOT doing so "obstruction" as is many times charged (and later dismissed).
To all auditors: Keep fighting the good fight! Until these public servants realize integrity and accountability are values not to be feared, you are needed. Thank you for your service.
Persons who wish for a career in law enforcement should have a minimum of 18 months of constitutional law
They know the laws they just don't care . They think you don't know the law so they just lie
Amen!! And a whole bunch more education on civil and legal issues!!
So right, but I’m afraid most of them just want to know shooting and drawing a firearm. Billy the kid could do as much!!
@@gretchenk.2516 Exactly, it *should* be more time than required to be a lawyer. If you're playing with peoples lives than you should require the upmost education on the rights you are "there to protect" Although, the law enforcement system is corrupt to it's deepest roots so there is no intention of protecting in the first place.
And kindergarten teachers should all have PhDs.
Lovely how it can go from “well then you’re going to jail” to “you’re free to leave”.
Your videos are truly educational concerning topics of great importance!
It would be hard to keep a straight face with this deputy if there weren’t so much that could go wrong with exercising your rights.
Phillip Turner is the best when it comes to auditing the police and exercising his right to film in public. I hope you analyze more of his content in the future. Keep up the great work!
Thank you for exposing these criminals hiding behind their badges
It's amazing how many deputies simply cannot wait to get their county governments sued.
it always amazes me how, in "the land of the free", there's so many police officers that try to restrict or ask justification for citizens exercising their rights ..
You’ve just answered your own question.
Fun fact: It is a constitutionally protected right if the state to enslave criminals.
If your are wondering why it is so easy to end up in prison in the USA, that is why. Slavery is alive and well, we just don't call them slaves any more. We call them prisoners.
@@solomoon3083
There wasn’t a question being asked.
@@anti-ethniccleansing465 comment was edited.
@@solomoon3083
No, it wasn’t. Lmfao. Why are you fibbing?
So by this logic a WITNESS to a crime can be arrested and charged with failing to ID for not providing said ID.? That is insane to me.
Their ultimate goal was to keep him from recording the scene, and they did that by blocking him at every angle
So...they took the bait!
13:37 Wow man good on you for helping with that! We need to be more on that page as a society together! I definitely admire your composure and tone throughout your interaction, that is definitely my take away.
That Sergeant is such a push over. Says the auditor is free to go until one of his underlings contradicts him and he falls in line. Such quality leadership shown right there.
But it wasn't crucial to the outcome. Could be interpreted as not wanting to neglect relevant information. We could even consider him an example of 'empty force' there, of applying no tension in order to move a lot with ease.
@@Dowlphin He needed to ask those two deputies to step away so he could actually have an uninterrupted conversation with the auditor. Even then, one of the deputies still had the gall to reiterate their demands that he get the auditor's ID. The sergeant clearly isn't respected if they treat him that way. He may be good at his job in other ways, but he really needs to discipline those deputies so they don't think they can just get away with anything. Them getting Fs is a direct reflection on their supervisor.
@@ilyearer Yeah, I would imagine, though, that he gave them a proper debriefing later. His telling them to move on was kinda resolute. - We don't know how much they take care to not show internal conflict in the field, something common in business conduct, too.
The Sergeant did fine. He let everybody say their piece, and was looking to de-escalate right from the start. I'd be happy to have him working in my community. Those other two, not so much.
Cooler heads prevail here. The two officers had an ax to grind and he pacified them. We don’t know what happened after..he may have reprimanded them, he might have informally counseled them. At this point you’re speculating.
This is one of many reasons people have lost trust and respect for law enforcement officers.
They have always been like this. This is them on their best behavior because of more cameras watching.
These cops are so ignorant that it is saddening to see that they are so forceful in their attempts to identify the cameraman.
It's not ignorance. They are just liars. They KNOW they can look into people's cars and use things they see as probably cause. They are just lying because all cops lie all the time.
They aren't ignorant, they're sinister
Once they ID him, ESPECIALLY get his Address, they can do so many illegal criminal things that can never be traced back to them.
Texas.
"You dont have to know"....that is very telling
Mr Turner had the coldest line in any of these auditing video
Cop "you cant film here, we have an ordinance"
Mr Turner "what if the ordinance is unlawful?"
Cop "i guess youll have to take it to court then"
Mr. Turner "what if i already did?" 😂 👇🎤💥
I remember that one, it was the little pissant town which had an ordinance saying that its illegal to film police, and the ironic part is they passed that ordinance AFTER the Turner v Driver ruling!
It should be illegal for cops to make things up especially when they are trying to intimidate citizens and manipulate them into forfeiting their rights.
Cops think citizens are as stupid as they are.
It IS illegal, the problem is that sometimes law is being enforced selectively.
If I'm ever arrested and held in jail as nothing more than a witness you could bet your life I'm doing everything I can to NOT HELP the prosecutor..
EXACTLY!!!!
I want to thank all officers who took the time to really learn the law instead of ignorance due to ego.
Please keep up the good work and make these officers train more.
Every single Police Department in the Nation should subscribe to this channel and make policies to ensure these violations do not happen.
Agreed. I think Audit the Audit should be required watching in police academies.
Is your knowledge what's taught at Police academies based on your own personal experience?? Otherwise how do you know what's taught??
@@Peter-u2vI think it’s fair to assume that the academy doesn’t include watching “Audit the Audit” during their training.
@@DeTAYL. Why would any academy have someone teach who ISN'T a certified lawyer in that state and doesn't specialize in civil law/civil rights??
Funny. You think that most officers want to lose their power. Hell no. Most officers hate channels like these becuase they think they should be able to do whatever they want.
You got a love when they’re just so confidently talking right out their ass 😂🤦🏽♀️🙄
They get an F+, just cause I'm in a good mood
'Your car is an extension of your house', in public???🤣🤣🤣🤣🤣🤣
“I didn’t witness a crime.”
“I just told you there was a crime. Now you’re a witness.”
Cop logic.
The camera was an unwitting witless witness. 🤡
😂
The crime he is witnessing is a couple of cops violating his civil rights. You saw me commit this crime so now you are under arrest.
Doesn't that mean that they're also a witness?
There is no situation American police can’t make even worse.
Untrue. You guys are so oblivious.
Agreed
They "Could ", make it better...but they don't.
Añy pig it doesn't matter where they r from
@@sasasutumi Well someone definitely is oblivious. Activists, lawyers, ex cops, people from all walks of life, with nothing to gain from lying, and everything to lose from speaking out, all seeing this situation. So it's either the well informed and morally obligated who risk their lives for it, or the ones who have boot polish on their lips who inexplicably defend an objective, criminal, police state. "Untrue" though, great argument.
"We're gonna have to identify him because he's on our cameras now" amazing. Back to the academy with you, sarge
They sighted the Wit Ness Monster.
Interesting channel. Ty. I enjoy your commentary and your sharp whit and good communication that men are so blessed to do. Ty!
"Defends citizen" is definitely reaching. Sergeant "tried to defend poor policing and manipulate a citizen out of their rights before speaking with a city attorney and realizing a potential lawsuit could result" is a liiiiiittle more accurate.
This video is just too good. Perfect reason for having auditors out on the streets filming, police officers, police stations, and anything else to do with government!!
these videos should be mandatory viewing in police academies. In addition to clear explication of the law, they demonstrate/model both good and bad police behaviour are . Also presented in a way that’s engaging enough to prompt a Canadian civilian to watch and comment.
These videos should also be mandatory in high school classes for Juniors or Seniors.
Funny how I like the word 'mandatory' when talking about police academies. I agree these videos would be excellent in social science curriculum as teaching tools. Think of the conversations they would start!
You are assuming police organizations want quality candidates doing quality work. They do not
@@montezuma6962 not assuming that, hence 'should'
Honestly its pretty hard to find good candidates these days for law enforcement, anyone that could make a difference hate the cops
Your videos are so good lol. You’re so thorough, articulate, and impartial, and the grades at the end are satisfying lol
Manufacturing charges from thin air should be a chargeable offense and punishable by jail time as just being arrested whether it's legit or not can ruin someone's life. Someone could lose their job, have trouble getting back and forth to court resulting in more unnecessary trouble etc.
The moment an officer decides to approach an auditor for filming, they fail. They know they aren't a threat and are not interfering. It's all ego and you have immediately shown you are a tyrant
And they should know it's going to end badly for them.
All EGO!
Thwy donr know if there a threat how do theyknow?
@@jeffrey6618 That's fine if someone is doing something that is clearly threatening. Unless you subscribe to the theory that everyone is a threat?
@@jmodifiedUnfortunately, 90% of the time basically nothing happens to them.
The ignorance of the law these cops display is really remarkable. It would be almost funny if they weren't the ones that were also responsible for enforcing it.
More like being criminals because someone decided to record them
I agree 💯
What's funny is ignorance of the law is no excuse unless you're a police officer or a judge
I don't think it was ignorance it is more about their ability to lie and intimidate hoping we don't know our right's.
Turner was standing on a public easement
He didn't witness a crime, he witnessed the investigation after the fact. Unless he witnessed the BUY of the narcotics, then, these police are dead wrong.
Exactly
Can still say you didn’t see it
I filed complaints on officers about 6 years or so ago. I have been thinking about checking their personnel files to see if the complaints are still in them.
Do it, could be a big lawsuit
He wasn't a witness to the crime. He's witnessing the aftermath of that crime, which is the detaining of the perpetrators.
Both of the deputies need to have all their arrests investigated because clearly they are ignorant of the Law and have no problem violating Citizens Rights.
"I'm not in your face- if I were in your face you would know it."
Exactly the kind of statement I would expect from a HS graduate that never grew out of that phase.
Definitely NOT the way an officer should conduct themselves, dude lost his cool on an auditor lol
An attempt to be tough!
This is why its so important to remember to say you didn't see or hear anything ever. It allows them to take away your rights if you do
Sergeant probably watches Audit the Audit and Lack Luster here on UA-cam so he knows what cops are actually allowed to do and what they're not allowed to do.
They did not exist in 2016.
@@clbcl5 - It was a joke. It's funnier if I don't need to explain that.
@@HardRockMinerit's really not
@connorgary5453 it really was funnier when he didn't have to explain it to you
@jman22324 - Some ppl seem to exist to try taking the fun out of as much as they can by being serious in situation where serious just doesn't belong. They are like a wet boot in society. I will never understand them, but I'll fight for their right to be a wet boot nonetheless.
This was a great Broadcast. This was absolutely the perfect time for an informed Superbly. These 2 Deputies were horrible. I was embarrassed for them. I can’t imagine how their families will feel when their relatives, friends or neighbors see these videos as they both come across like total backwoods fools. I was so pleased to finally see a very wise Supervising Officer. The Sgt was truly in the right position of leadership as he knew the importance of gathering the facts and deescalating a situation which could’ve become out of control. After watching so many who seem to wasn’t to argue and cause their citizens fines & money, I was very pleased. We’re finally beginning to see progress. Thank you so much to Audit the Audit. This Auditor was wonderful. Requesting a Supervisor was really the right call. I honestly commend him. Once the Sgt hung up the phone and dismissed his use Deputies, things were fine. They acted like children. The Star goes to both the Auditor, Mr Turner (my favorite Auditor) and SGT Montague, who is truly in the right job. He’s a credit to his Department and to the Citizens in his Jurisdiction, not the case with the 2 Deputies who were rude, wrong about the law and obnoxious. I apologize if I have the Sgt’s name wrong as I tried to get the proper name from youtube and sometimes it’s challenging. Thank you again for a great Broadcast. 🇺🇸👏👏👏
I remember seeing this one when it came out. Imagine being one of the two initial deputies, having this incident filmed and on youtube for the world to laugh at, then it's eventually forgotten, then brought back up on ATA with a big fat F over 6 years later. I do wonder if they have learned anything in the years since.
They‘ve been promoted for sure because they found any misconduct in their actions 🤷♂️
Although there are other auditors around the country your presentation of the Case Law and relevant points is simply unmatched anywhere on UA-cam thank you for doing what you do to help educate the public and law enforcement!
Umm...there are a few times where he's mistaken or he brings his personal feelings into the audit giving certain case laws to fit his narrative when other higher court case laws contradicts his assessment
@@answer4256I didn't realize, which times did this happen?
@@zompocalpha1 It was around this time last year where he was giving cops unusually high scores for their blatant violations and then was bringing up some state case laws to back up that assessment then a lot of commenters, me being one of them, came on pointing out other federal case laws in the same districts that contradict what he has said, one video I cant remember the exact one he actually had to go back and redo it due to a lot of comments proving he was incorrect, well not really incorrect, but a little liberal on his assessment for the cops. I can possibly go back in my history and maybe find the videos where I commented on, but for the most part hes very informative even when he has a couple of hiccups regarding his assessments
@@shama-llamading-dong5370 Nah, Ive seen several that he gave a cop an F on even when they never went hands on. I think most of the videos he does of Jeff Grey (Honor Your Oath) where he gave the cops an F even though Jeff rarely has cops put hands on him
@@answer4256 I actually do remember that! You're right, it was odd.
10:15 It is equally unlikely that the owner of the property requested that he leave. It is far more likely that the deputies lied about that.
Mr Turner was lucky. It normally goes quickly to "stop resisting." And then....
I think him holding the camera helped a lot.
@@marykoufalis7666 It did.
The fact that their sergeant was there also helped. He's not risking his position and career over two dummies.
@@CapricornSunAndMoon True!!