The cops did apply for a warrant to search it. Before a cop can apply for a warrant to search a phone they need to be able to tell a judge what kind of phone and where it's located. You think a judge will sign the ole mystery warrant for "some device located somewhere and I'll know it when I see it"? Not how warrants work. Phone can be seized because the evidence can easily be destroyed. Courts have already ruled on this many times. Now I have no idea if their PC in the warrant to search was strong enough, but you can't apply for a warrant for a mystery device in an unknown location.
@@Str8Shooter8 Liar they do not need to know what type of phone it is. If there is no warrant they cannot sieze the phone and yes there is plenty of case law on this.
@@Str8Shooter8they can only be seized with a warrant and can only be forced open with a fingerprint, not a code. You have a right not to incriminate yourself.
@@magsmcgarrigle981 It requires a warrant to seize and search the phone, or a separate warrant to search its contents if they forgot that part on the first warrant. Nothing on the phone is admissible in court unless they have the correct warrants with the correct information on them. These are the sort of things that get classed as ‘technical reasons,’ when a judge throws out a case and acquits the defendant of all charges. It looks like the phone was the aim of her being called to the department, yet the officer had no warrant to seize the phone, therefore what she did was the direct equivalent of a targeted mugging.
Never fails to have someone erroneously throw out qualified immunity. As soon as a cop is acting outside the scope of their authority, qualified immunity no longer exists. At that point, cops are sued personally. That’s why many carry private insurance like doctors. The only ones who have absolute immunity are judges and lawyers.
@@BrewerCooker Same talking points all the time. It's either "qualified immunity" or "pension". So once again, yes you can sue cops personally if they are not acting in the scope of their authority. Courts can order a cop personally pay. Just like you being sued, a judge cannot order a cop come up with the money from a particular pot of money. Furthermore, these funds do not belong to the cop yet. I'm sure you'd be irate if your coworker got sued and you lost your 401k for something you had nothing to do with. Most cops have insurance to pay personally being sued so you don't get to pick where the funds come from, nor would it be legal to take from a shared pension. If this was legal and it wiped out the balance, you as a taxpayer would be obligated to pay the promised pension to all the cops that had money in there. Let's also not forget that often times when cops get fired, they lose their pension, so they don't have access to it anyway. SOOOO many reasons why you can't do that, and it would be worse for taxpayers if you could.
100% they should have to have insurance for false arrest/seizure so taxpayers aren't paying the bill when they get sued. And that insurance should jump in price after every time of being sued, just like car insurance if you get into accidents.
@@THCloudz Well you can't force a cop to have personal insurance but many do. If they don't have insurance and get sued then they lose their house, car, etc. just like any business owner would who chooses not to have insurance. It's a private insurance company so I'd have to assume the price would go up, but again an insurance company can do as they'd like, which probably means jack up the rates HA Let me clarify again...if an officer is found to be acting OUTSIDE THE SCOPE OF THEIR AUTHORITY then they get sued personally. NOT THE TAX PAYERS. Qualified immunity no longer exists at that point. Of course, the police department could also be at fault for something, but that's two different matters.
The wrong people are paying for all of these lawsuits. Take it out of the police pension fund or from the union. Let those that caused the damage pay instead of the taxpayers
Just a reminder, the 13th Amendment allows for slavery as a punishment for a crime. If officers knew they would have to work for no pay until they earned back a settlement, it most definitely would stop bad behavior in its tracks!
@@micwclar Wow 😮 No way!! Is that the law says you can make them work in prison? Or a new one? Can’t be new, who would vote for it. Is it a really old one then? Totally 😳
Fired? Lol. They just move down the road to the next police department. What they NEED is charged and jailed...like the rest of us. It is a crime to steal.
Felony theft if the phone costs enough... and guess what? Commission of a felony while in possession of a firearm is a federal crime. Send the gang member to federal prison.
Do they want to seize her phone for evidence or something? If was illegally seized, the evidence wouldn't hold up in court correct? I guess when you go to school for less time than a barber, this is what you get.
Cops can seize property without a warrant if there are exigent circumstances. For example, if they have a REASONABLE belief that the phone holds evidence of a crime and there is also reason to believe the owner will delete the content. But, they cannot search the phone until they have a warrant. Unfortunately, cops can make up what is considered "reasonable" in the application of those circumstance and there are little to no consequences.
@@mjdamatoincorrect. They would still require a warrant. They should have detained her and contacted a judge immediately. The police can contact judges 24/7. What they did was illegal and violated her rights.
@@mjdamatoany remote possibility of what you're saying is if they took it at the scene of a crime. And then later tried to get the search warrant to go through the phone. To call her down to the police station to talk with her and then try to take it does not fall under the circumstances that you mentioned. They could have applied for a warrant before she came down and they didn't. Or, maybe they did and they were denied.
That must have been quite a lawsuit, considering the fact that she was also thrown to the ground and beaten on by that female thug and her other gang members.
Phone seized?! She better be fired and charged for grand theft and see some time behind bars just like any other criminal that steals another person's property.
@@desertquesst yes. It’s impossible a cop to pay what a victim deserves… the state, which is the employer and the one giving the training, also has to be responsible. But a part of it should come from the cop… otherwise the impunity is absolute and we know the result of that.
It’s disturbing how casually the cop uses the term seize while working on behalf of the government! We have to get back to the constitution or we will lose everything for good.
People your reply is call my lawyer and then he will call me you have no warrant call my lawyer people you never go to the police dept for an interview.
That detective and this cop need to be fired and sent straight to prison, you know this isn’t their first time doing this and there’s no telling how many innocent citizens they placed in prison over these tactics
The cit police called me one time and said that they wanted me to come to the station. My boss and his son were in the everglades on a hunting trip. Well, "Mr. Innocent (dummy)" had never been in trouble with the law (in this country) just thought the worst! Someone had been hurt or killed. We were that close, like family. So I jumped up and drove 20 some miles to town, and then this cat puts me in an interview room (which I had never seen before). The first thing I asked was if everyone was ok? He knew nothing. That's when my temper got lose. After I finished cursing, I asked him what I was doing there? Come to find out that "my friend" had stolen a pistol out of Mr. Prouder's house that we were remodeling. But you see, Mr Prouder was a WWll veteran. He and I had become very close. But since the thief and his family were well known in town, and members of the big First Baptist church, the boy was automatically immune from suspicion. The old fella went to his grave thinking that I stole his pistol. But let me tell you one thing, when the cops have a "question" for me now? They better have a warrant in hand before entering my dang property! The internet has taught me a lot
How much would a lawsuit be awarded for assuming the plaintiff wins in a case like this? (Always curious to know approximately some idea of how much any amount would be...)
First off hands on is assault, second illegal search/seizure, and third violation of 1st and 4th amendment rights. And then theres coertion This officer is a disgrace and should never be allowed to be a officer again
These cops apparently have a class at some point in: " How To Exceed Your Legal Authority In Just Sixty Seconds", because that is what they do way too often. Who TF trains these clowns in such behavior?
They will take her phone then apply for a warrant that the judge will grant. Then they will hold it for 5 years or until the case goes through appeals.
There's tons and I do mean tons of more stupid things cops do like the woman get arrested for hit somebody and leave the scene but she was never driving her vehicle
I hate that they think they can get away with shit like this with no consequences!! Imagine how many times they get away with violating people rights cos ppl dont fight for the rights cos its inconvenient maybe expensive..
This is how they treat you when you come in of your own volition. They will treat you like a criminal and try to get you on any crime they can dream up on the spot. If you are called into questioning, ask if it will be a consensual conversation. If so, don't go. You can refuse.
Yeah this is the lady whose apartment burned down that night. The cops tried to strand her with nothing (because "she could have started the fire and recorded it"), but when she called them out on their BS they quadrupled down
No warrant, no phone. Regardless of how much this woman wants to be a detective, she’s not a judge.
Remember. Its gonna get worse. Trump wants to give them absolute immunity
The cops did apply for a warrant to search it. Before a cop can apply for a warrant to search a phone they need to be able to tell a judge what kind of phone and where it's located. You think a judge will sign the ole mystery warrant for "some device located somewhere and I'll know it when I see it"? Not how warrants work. Phone can be seized because the evidence can easily be destroyed. Courts have already ruled on this many times. Now I have no idea if their PC in the warrant to search was strong enough, but you can't apply for a warrant for a mystery device in an unknown location.
@@Str8Shooter8 Liar they do not need to know what type of phone it is. If there is no warrant they cannot sieze the phone and yes there is plenty of case law on this.
@@Str8Shooter8they can only be seized with a warrant and can only be forced open with a fingerprint, not a code. You have a right not to incriminate yourself.
Cops acting tyrant that’s why you can’t trust them
I'm so sick of corrupt, crooked, criminal police officers.
They don't deserve to be sued they deserve to be charged just like all of us
They deserve both… they should hold themselves to a higher standard then twice the punishment if those standards are violated
Is anything on it admissible in court without a warrant?
Or is that just TV? 📺
@magsmcgarrigle981 the case would be thrown out because the evidence was obtained illegally
@@L.K.S.R.
They should automatically receive the maximum sentence for every charge they are found guilty of.
@@magsmcgarrigle981
It requires a warrant to seize and search the phone, or a separate warrant to search its contents if they forgot that part on the first warrant.
Nothing on the phone is admissible in court unless they have the correct warrants with the correct information on them.
These are the sort of things that get classed as ‘technical reasons,’ when a judge throws out a case and acquits the defendant of all charges.
It looks like the phone was the aim of her being called to the department, yet the officer had no warrant to seize the phone, therefore what she did was the direct equivalent of a targeted mugging.
Abolish qualified immunity
Never fails to have someone erroneously throw out qualified immunity. As soon as a cop is acting outside the scope of their authority, qualified immunity no longer exists. At that point, cops are sued personally. That’s why many carry private insurance like doctors. The only ones who have absolute immunity are judges and lawyers.
Lawsuit directly to their pension. I guarantee you fellow officers will stop them from doing this when the pension system gets dried out.
@@BrewerCooker Same talking points all the time. It's either "qualified immunity" or "pension". So once again, yes you can sue cops personally if they are not acting in the scope of their authority. Courts can order a cop personally pay. Just like you being sued, a judge cannot order a cop come up with the money from a particular pot of money. Furthermore, these funds do not belong to the cop yet. I'm sure you'd be irate if your coworker got sued and you lost your 401k for something you had nothing to do with. Most cops have insurance to pay personally being sued so you don't get to pick where the funds come from, nor would it be legal to take from a shared pension. If this was legal and it wiped out the balance, you as a taxpayer would be obligated to pay the promised pension to all the cops that had money in there. Let's also not forget that often times when cops get fired, they lose their pension, so they don't have access to it anyway. SOOOO many reasons why you can't do that, and it would be worse for taxpayers if you could.
100% they should have to have insurance for false arrest/seizure so taxpayers aren't paying the bill when they get sued. And that insurance should jump in price after every time of being sued, just like car insurance if you get into accidents.
@@THCloudz Well you can't force a cop to have personal insurance but many do. If they don't have insurance and get sued then they lose their house, car, etc. just like any business owner would who chooses not to have insurance. It's a private insurance company so I'd have to assume the price would go up, but again an insurance company can do as they'd like, which probably means jack up the rates HA
Let me clarify again...if an officer is found to be acting OUTSIDE THE SCOPE OF THEIR AUTHORITY then they get sued personally. NOT THE TAX PAYERS. Qualified immunity no longer exists at that point. Of course, the police department could also be at fault for something, but that's two different matters.
No WARRANT No Phone, LAWSUIT
It shouldn't be just a lawsuit, it should be criminal charges and a lawsuit.
NEVER, EVER voluntarily go to the POC to answer ANY questions.
Make them do their job.
Exactly what a lawyer told me. He said if they want to talk to you make them cone get you. They never did. I still don't know for what .😅😅😅
And don't answer the door when they do. If they have a warrant, they're coming in anyways.
The wrong people are paying for all of these lawsuits. Take it out of the police pension fund or from the union. Let those that caused the damage pay instead of the taxpayers
Just a reminder, the 13th Amendment allows for slavery as a punishment for a crime. If officers knew they would have to work for no pay until they earned back a settlement, it most definitely would stop bad behavior in its tracks!
@@micwclar
Wow 😮 No way!!
Is that the law says you can make them work in prison? Or a new one? Can’t be new, who would vote for it. Is it a really old one then? Totally 😳
Fired and no pension
For everyone
File robbery charges.
ARMED FELONY THEFT.
Strong armed robbery too. Bitch ass bully cop would have caught these skippity paps
I saw this one. Oh wow yeah they all need to be fired. Damn .
Agreed thus they are called pigs
Arrested. Armed robbery.
Corrupt cops.
I know, what a big f-ing Surprise! They will tell you ANYTHING if they think you're going to fall for it!
No it’s just a woman
I always prefer to learn that the cop was fired rather than taxpayers footing the bill of a lawsuit
Fired? Lol. They just move down the road to the next police department. What they NEED is charged and jailed...like the rest of us. It is a crime to steal.
She should no longer be in law enforcement.
Felony theft if the phone costs enough... and guess what? Commission of a felony while in possession of a firearm is a federal crime. Send the gang member to federal prison.
Do they want to seize her phone for evidence or something? If was illegally seized, the evidence wouldn't hold up in court correct? I guess when you go to school for less time than a barber, this is what you get.
More likely the phone was being seized to REMOVE evidence.
No warrant- no phone!
Cops can seize property without a warrant if there are exigent circumstances. For example, if they have a REASONABLE belief that the phone holds evidence of a crime and there is also reason to believe the owner will delete the content. But, they cannot search the phone until they have a warrant. Unfortunately, cops can make up what is considered "reasonable" in the application of those circumstance and there are little to no consequences.
@@mjdamatoincorrect. They would still require a warrant. They should have detained her and contacted a judge immediately. The police can contact judges 24/7. What they did was illegal and violated her rights.
@@mjdamato exigent circumstance applies to a search of a domicile or car. Not cell phones.
@@mjdamatoany remote possibility of what you're saying is if they took it at the scene of a crime. And then later tried to get the search warrant to go through the phone. To call her down to the police station to talk with her and then try to take it does not fall under the circumstances that you mentioned. They could have applied for a warrant before she came down and they didn't. Or, maybe they did and they were denied.
Bullies with badges and guns, intimidation tactics...
Absolutely out of order. Give her a desk job.
She should not be a cop!
McDonald's. Reject. !
Criminal Using Nefarious Tactics
she needs to go to prison after she gets sued.
That must have been quite a lawsuit, considering the fact that she was also thrown to the ground and beaten on by that female thug and her other gang members.
😂🤣🤣😂 I'm allergic to BS😂😂as we all are😂😂
The problem is that the taxpayers are the ones that are going to pay for this 😢
Argue with her you haven't even given her a reason why much less a warrant...
BS lawsuit Yes indeed
This cop was so full of himself & was WRONG.
Sounds like a female cop
Was that cop a dude??
No it was a woman
It's never th e cop that gets sues, but instead taxpayers.
How a city or county loses a million dollars of taxpayers' money in a few moments.
They have insurance that pays out I n these claims.
Phone seized?! She better be fired and charged for grand theft and see some time behind bars just like any other criminal that steals another person's property.
NEVER, EVER go to a police station on ur own volition at their invitation WITHOUT A LAWYER to "have a talk". NEVER!!
I've once been stopped by muggers on the street with the exact same argumentation.
The cops should pay part of the cost of the lawsuits
They should pay all of the cost of their lawsuits against them they lose
Part of?
@@desertquesst yes.
It’s impossible a cop to pay what a victim deserves… the state, which is the employer and the one giving the training, also has to be responsible. But a part of it should come from the cop… otherwise the impunity is absolute and we know the result of that.
If you have to fight it later in court, it's a privilege, not a right.
Never go to the police station without an attorney. They always flip everything
This is ..crazy ..literally crazy
She was on the phone with her mom, who worked at a different police station.
They will probably say it's Civil Asset Forfeiture
The only interaction I will have with the cops is to notify them of a problem. Otherwise, nope...
Hope she sued the hell out of them.
It’s disturbing how casually the cop uses the term seize while working on behalf of the government! We have to get back to the constitution or we will lose everything for good.
Good job 👍👍💯
People your reply is call my lawyer and then he will call me you have no warrant call my lawyer people you never go to the police dept for an interview.
Do you think most people have a lawyer on retainer?
That detective and this cop need to be fired and sent straight to prison, you know this isn’t their first time doing this and there’s no telling how many innocent citizens they placed in prison over these tactics
The cit police called me one time and said that they wanted me to come to the station. My boss and his son were in the everglades on a hunting trip. Well, "Mr. Innocent (dummy)" had never been in trouble with the law (in this country) just thought the worst! Someone had been hurt or killed. We were that close, like family. So I jumped up and drove 20 some miles to town, and then this cat puts me in an interview room (which I had never seen before). The first thing I asked was if everyone was ok? He knew nothing. That's when my temper got lose. After I finished cursing, I asked him what I was doing there? Come to find out that "my friend" had stolen a pistol out of Mr. Prouder's house that we were remodeling. But you see, Mr Prouder was a WWll veteran. He and I had become very close. But since the thief and his family were well known in town, and members of the big First Baptist church, the boy was automatically immune from suspicion. The old fella went to his grave thinking that I stole his pistol. But let me tell you one thing, when the cops have a "question" for me now? They better have a warrant in hand before entering my dang property! The internet has taught me a lot
Walk in groups, carry and defend. Its your right
How much would a lawsuit be awarded for assuming the plaintiff wins in a case like this?
(Always curious to know approximately some idea of how much any amount would be...)
We went through a similar nightmare that cost thousands of dollars and grief.
Touch me without a lawful reason and I will defend myself.
First question should've been: where's your warrant?
Another case of taxpayers paying for stupidity again by corrupted cop's
And.... No one was fired!!!!!
First off hands on is assault, second illegal search/seizure, and third violation of 1st and 4th amendment rights. And then theres coertion
This officer is a disgrace and should never be allowed to be a officer again
These cops apparently have a class at some point in: " How To Exceed Your Legal Authority In Just Sixty Seconds", because that is what they do way too often. Who TF trains these clowns in such behavior?
They will take her phone then apply for a warrant that the judge will grant. Then they will hold it for 5 years or until the case goes through appeals.
It shouldn't be so hard to sue for rights violations
If it's an iPhone say this loudly "HEY SIRI LOCK MY PHONE" then tell them to get a warrant.
She got caught on her own dash cam.🎉🎉🎉🎉
If I'm not mistaken they wrestled that girl to the ground to get her phone😊
How is the cop not charged with armed robbery? She had a weapon on her side.
Go ahead and try to take my phone, next stop the hospital for you.
I don't understand why would you go to the police station cus they called you.
Until settlements come out of the cops wallets and pensions, nothing will ever change.
This is got to be the stuipedest thing ive seen
There's tons and I do mean tons of more stupid things cops do like the woman get arrested for hit somebody and leave the scene but she was never driving her vehicle
Oh, it got much worse! That entire department should get sued into bankruptcy!
Happened in Normal, Illinois. The phone was returned the following day when it was determined it was ILLEGALLY seized.
I severely doubt she was sued. They do things like this all the time, they don't face consequences for stuff like this. Immunity's a b•tch and a half
That suspension with full pay will really teach that cop a lesson
Bless you
so if a cop performs a mugging (by forcibly stealing the phone) she ONLY gets sued, but if a citizen does the same it's a crime?
And any evidence they find on the phone is inadmissible. It's almost as if the cruelty is the point rather than justice.
Exigent circumstances they will play.
She should have walked 🚶♀️ out
So how much money did this young lady receive from the taxpayers of this Corrupt little burg?
I like the sneeze bulshit line😅
I hate that they think they can get away with shit like this with no consequences!! Imagine how many times they get away with violating people rights cos ppl dont fight for the rights cos its inconvenient maybe expensive..
You need a warrant to search anything that is not public
Don't ever and mean EVER voluntarily answer questions from the police.
They applied for a warrant and it was DENIED.
Keep suing... only way for change.. don't settle!!
Well the cops can be sued for grand theft! Which is still ileagal in all 50 states! The cop can get a warrent, otherwise the answer is NO!...🤔🤣🤣🤣🤣🤣🤣🤣
My guy quickly smelled some pepper for that sneeze😂
Then they wonder why witnesses don't come forward or collaborate with the police.
“Deserve to be sued”
I must have gone to public school because that’s not how I was taught to spell executed.
*doesn't have anything to say*
"I'm not gonna sit here and argue with you" 😂
🤧 Bless you!
This is how they treat you when you come in of your own volition. They will treat you like a criminal and try to get you on any crime they can dream up on the spot. If you are called into questioning, ask if it will be a consensual conversation. If so, don't go. You can refuse.
No the cop deserves to be arrested for theft. Stealing her phone without a warrant is theft.
Should be life in prison for breaking their oath.
Doesn't the law of deprivation of rights protect your right to resist unlawful violations of our rights given under the guise of the law?
Absent a Warrant ?!!
I Believe that's A Theft !! 😮😅😂
Yeah this is the lady whose apartment burned down that night. The cops tried to strand her with nothing (because "she could have started the fire and recorded it"), but when she called them out on their BS they quadrupled down
If that's going to happen, turn your phone off immediately so they have no access and biometrics don't work.
She needs to be sued and fired and thrown in jail
If I gave anawers to questions like the cop did when I was little it wouldn't end well
Straight up 4th and 5th amendment violations. The absolute disrespect coming from this officer.
They can’t detain you for no reason! And they can’t take your phone!
I bet if COPs had to pay some sort of malpractice insurance and every-time they made a bad arrest their premiums would go up, we’d see change 🤨
They use different words for stealing and kidnapping..
She should sue the individual, and not the city.
That was a genuine sneeze 😂
The police take your phone without a warrant and I haven't gone on them, it should count as armed robbery
And you can also be handed a lawsuit in the near future !