PISSED OFF JUDGE SIMPSON GOES TOE TO TOE WITH COUNSEL! “YOU ATTEMPTED TO MISLEAD THE COURT BEFORE!”
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- Опубліковано 4 жов 2024
- Another whirlwind hearing with judge Simpson . Yet another example of what our courts deal with every day…
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This remix is intended to provide better insight into how our courts and the folks who run them administer justice to the public they serve. Remember they have to deal with folks who are often having their worst day on a daily basis. We also hope to bring you cases with interesting legal concepts, twists and interactions you may not encounter elsewhere…
This commentary remix work constitutes a fair use of any copyrighted materials under section 107 of the US copyright law. Video was edited only to add relevant commentary and to reduce time in the hopes it will be more convenient to be viewed by more folks thereby raising public interest. All defendants are innocent until they aren’t…officially.
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Last time I saw Judge Simpson this frustrated/angry was when he found a defense attorney in contempt for telling his client not to show up until the hearing when the attorney knew thete was a warrant out on his client. The judge heard the defendant say to his attorney "you told me to wait for the hearing " or something to that effect. Judge Simpson was pissed.
I saw that case. He was beyond pissed!
Is this the same attorney that pissed off Judge Simpson before.
This is the same attorney and client.
i remember that one very well, i've rewatched it a bunch because i like when judge simpson says "defendant's remanded!"
the state was asking for bond to be revoked because the defendant had tried to attack the person he was barred from contacting. the defense made fun of her motion, mockingly said the injured party "didn't bother to show up" (she was in hiding from the defendant), and implied that either the police were lying or the state was lying about the evidence.
both the judge and the state reminded him this was a bond revocation hearing, not a criminal trial, but he continued, so the state attorney finally said that she had overheard the defendant say that's what he had been told. defense seemed confused about this and thought the suggestion was that he had told the defendant to show up, which should go without saying, and that's when the defendant thought it would be an amazing idea to sarcastically say "put me in handcuffs, man." that's when judge simpson got mad. it is great.
in all honesty, that defense attorney seemed shaken and flabbergasted when he finally understood the accusation, and i believed him when he said he had thought this was a set trial date, not a result of him being arrested that day on a warrant. it's unacceptable that he would come to court so confidently unprepared, but i don't think he intentionally broke the law. if he had, i think it would have come up much sooner than it did, because as judge simpson pointed out, that's a sanctionable offense.
i don't know if he did get sanctioned, though, i never followed up.
@@zubetp I always wondered if that attorney got in trouble.
“I’m just trying to get the officer to say what I want him to say.” There, fixed it.
Judge Simpson is a nice judge
Until he isn't
And then you're screwed
He's truly honorable and doesn't put up with ignorance.
Judge? I thought he was the DA in this video
Gavinwigg
Without researching I’d bet Judge Simpson was a prosecutor for most of his career. He certainly thinks he is the prosecutor in every video I’ve seen of him anyway.
Jody Owen nope. He worked at a firm where he became partner handling civil and criminal defense cases.
All comments 💯💯💯
Judge Simpson is fair to both sides and he's certainly not stupid. The defense attorney better get his act together.
The whole "I had illegal drugs, an illegal weapon, warrants, no license, registration, insurance, but it's actually the police officer
who is wrong."defense is infuriating.
Take responsibility for your own actions.
I haven't gotten into this yet but, sometimes, that's the only defense they have. We have procedures for a reason, and they're to protect our rights. We have a right against unwarranted searches and seizures. That's why the police need either your permission or have a judge make a determination that it is warranted.
The fact that their evidence can be thrown out is what protects our rights. Otherwise, we would be subject to "the ends justify the means" and "it's easier to be granted forgiveness than permission."
Sometimes I think people believe defense attorneys only exist in the possibility that they will need one, but they shouldn't exist for anyone else.
@@deborahbaker1092 No, it's that they should only exist for the innocent. It doesn't help that there has become this societal mindset that asking for a lawyer is an indication that you're guilty because innocence should be able to stand as it's own defense.
(Sorry Robyn, I edited because I realized I originally misunderstood your reply.) Yes. Reinforced by the concept of Perry Mason and Matlock. I wouldn't want to live in a world where only the "deserving" were entitled to proffer a defense. It's interesting how many Americans cry about protecting their rights under the 1st and 2nd amendments but ignore the 4th, 5th, and 6th amendments. Anyone is free to critique someone's defense, but everyone is entitled to have one, including the vile and the heinous. For that I'm eternally grateful.
@@deborahbaker1092 I'm agreeing with you. I get how it didn't come off that way. People think that defense attorneys should only be for the innocent because the rest are scumbags who deserve what they get. They forget that we're supposed to operate under the assumption that everyone is presumed innocent until they're proved guilty beyond a reasonable doubt. On the other side of the coin, they believe that you shouldn't need an attorney if you're innocent.
Of course, you also have the idiots who think they can talk themselves out of everything. "How do you plead?" "Well, you see, your honor, what happened was ..."
Lifelong Ann Arborite here, 68yrs. old.....Judge Simpson is one of the best you will ever find..as a judge and as a man. Thank you for your service, Your Honor. Respect❤
I love Judge Simpson. He's a fair, kind judge who doesn't take sh*t from the defendants or attorneys.
Or prosecutors for that matter!!
He does seem to have less patience with attorneys. I would say rightly so considering they should know what they are doing but it's worth mentioning.
And he just argued the prosecution's case for them. Go back and look at all the comments I've made on this channel praising Simpson- but he is out of line severely with this pathetic excuse for a trial, and I would tell him that to his face.
He seems to be much more lenient with prosecutors tbh
@@stoneysdead689I’d bet he’s a Former prosecutor because he certainly seems to lean that way
I wonder what it feels like being the defendant and watching your attorney piss off the judge. 😬
I imagine quite frightening, like any chance at freedom is going down the toilet.
Yesterday I saw a defense attorney go down in flames after he showed up late, slurring, told the judge he was currently parked in the turn lane with his hazards on, had gotten rear-ended and didn't trade insurance information, then judge got him breathalyzed by the bailiff.. meanwhile the poor defendant keeps looking at him, dying inside.
@@Metal_Horror 😮oh crap.i hope I come across that one. At least the defendant will get a new lawyer. Sounds like that 1 was bad even if he hadn't gotten himself caught. Craziness.
They also got the drunk defense attorney for leaving the scene of an accident, they sent deputies to find the accident scene and the car had front end damage but not rear end damage and I think it was ona sidewalk
That's an interesting hearing, I'm sure looking up defense attorney shows up late and drunk
We once filed a lawsuit against a government agency and in our first hearing there was a brief moment our attorney began to jest with the judge who was sick.....surprise, we lost our motion that day
Some timestamps I thought were good
13:00 Judge Simpson shows his mood
14:20 First "mislead the court”
16:20 Talk of rewatch of video starts
17:20 Rewatch starts
30:10 Judge Simpson has had it with the video "why am I even here?"
36:15 Redirect starts
39:30 Judge is NOT happy
43:00 Defence tries yet again and Judge Simpson goes off ”Please take me off record"
The defence is....fighting for his client but dang does he go a strange way about doing so
Appreciate the work you put into the timestamps. My time was limited today and that helped.
Thank you for this! I definitely made use of the 30:10 stamp to bypass the video after they said it was 46 minutes long and would play for an unknown amount of time.
You get the ⭐️ of the day award 🙏
There’s no “C” in the word defenSe. Your spelling error makes everything else you’ve commented on look ridiculous.
@@harrisonhanson2998Maybe they're British? I'm pretty sure it's spelled defence in UK english...
“Please, for God’s sake, take me off the record.” - Judge Simpson. What a great Simpson moment. By far, the most exhausted I’ve ever seen Simpson with a lawyer.
Priceless 😂
EXASPIRATED
I get why he was upset. The defense attorney was basically renewing the motion, but trying to say he wasn't. I'd be frustrated too.
He was literally saying “im not asking what 3+2 is again. I’m asking what 2+3 is. It’s not the same question.” When we all know it’s the same question.
Why be frustrated? Just deny it and move on. No need to throw a tantrum.
@@EastCoastINC Because it's late and he's wasting everyone's time.
@@EastCoastINCbecause you're trying to pull a fast one on the judge, which, by nature, means you're not arguing based on the merits of the case. you're literally trying to cheat the system - judges don't take kindly to that (at least, not the good ones)
@@Whitey2716 2+2=pi.
I would be horrified if my attorney was literally starting drama with the judge. You want an attorney who is incredibly cordial and has a great working relationship with the judge.
Right, I would rather ask for a new one then proceed any further.
I had to fire my first divorce attorney. He f*cked up my papers so bad he must have had his secretary do it lol. My new attorney said if she were me she woouuldd ask for a refund. Her office had to start all over it was so bad. I did get $2k back but still out $1k. The guy was unhinged that I fired him. Blew up my phone and emails and voicemails. Unnerving. My attorney just said ignore him. He's being very unprofessional. He practices in a podunk town so maybe that's how countryy people do business.
If Judge Simpson would write an autobiography, I'd buy multiple copies.
Me too, & we've told him so! Judge Middleton also!
Would love to have it audio so I could listen to him talk!
We could all listen to how he philosophically justifies his 2 tiered justice system, where he sees it okay to intervene on an arr3st of an intern for dui but also gets mad that this defendant had a legit constitutional argument
The Judge is completely correct. This was a training officer. Good job Judge ❤
Judge shouldn't be so clearly in opposition of defense attorneys whenever they have actual real chances of besting the state, Judge gets mad. Just like in another case with Jeffery bloom, that witness was not credible and Judge got mad when she looked incredible and helped prosecution arrest her to get her to show up as a victim and get the testimony needed. He's a prosecutor from the bench
This attorney is pushing Judge Simpson’s buttons pretty badly…not smart
It’s bound to circuit court so Simpson’s opinion doesn’t matter.
@@Rustyshackelford177 Circuit court may review all the records and such behavior by a licensed attorney is never a good thing.
As objective as judges are supposed to be, I bet all my money that a defense attorney with the worst attitude will worsen the result for his client compared to the identically educated attorney with the best attitude.
Judges talk to each other.
That's because attorney Kyle Murphy is an idiot. This is how he always behaves in court. He's a hot mess.
@@markieffmorris9263 I don’t even know what white replacement theory is - but I doubt it’s something I would believe in. FWIW I think Judge Simpson is fantastic.
“Please for God’s sake take me off the record”. Lmao!! You get’m Judge!!
That was my fav part of the video. lol
😂
I like Judge Simpson. He knows the law; he’s compassionate and merciful, but very much in charge of his courtroom. He can also be funny, which shows his human side. Even though I don’t personally know him, or met him, I highly respect Judge Simpson.
I really like the People’s council. She doesn’t get riled easily and seems sharp as a tack. Judge Simpson is the Goat as always. ❤
Amy Reiser, Kaitlyn Kirby, & Jessica Blanch are a great team in the DAs office. They all stay calm & collected, & are always SUPER prepared! BUT, as Ms Blanch has shown, you come for one of her squad, like the guy who threatened Ms Kirby, she will come for you, guns blazing, and you won't even see that house falling on your head!
Rule #1: Do NOT piss-off the judge who's presiding over your case. 🧑⚖️ Thanks OSG for another great video. I love and appreciate all of the hard work that you put into these videos that you post. ❤
Rule 2: If your client is assigned Judge Simpson advise them that this judge is extremely biased towards prosecution.
@@JodyOwen-we6oo Foolishness! Judge Simpson would be just as tough with any lawyer who acted so contemptuously to court proceedings. Good grief.
@@JodyOwen-we6oo Baloney! All judges are biased against any lawyer who relies on shenanigans right in front of them!
Rule 2: if in doubt, see rule 1
How could you not just love Judge Simpson! He is caring, compassionate and empathic often when the situation calls for it, but also don’t disrespect him or his court. You’ll see another side to him. I think that he would be a wonderful grandpa to his grandkids, he is such a good, decent and and honourable man. We need more of him in this world.
"Please, for God's sake, just take me off the record" had me dying! Is this kid a mafia enforcer? Do they have this defense attorney's family? He is all in on getting this evidence thrown out. I know it's his job, but damn!
😂 "do they have his family". Idk why that made me laugh so hard. 😆
Was this a lawyer the defendant hired or Court appointed?
I think he's got a point, they impounded the car to search it and that's not constitutional, it was on privat3 property, I think the judge is concerned he might be reversed by an appeals court
Old Squishy, Friday…and judge Simpson. It doesn’t get any better. Love love love it
Judge Smimson has a mind like a steel bear trap. Nothing gets past him and his memory is impressive. Wow.
OMG what is going on?!?!? Is this guy even a lawyer? He doesn’t seem to know what to do. Judge Simpson is a great human to entertain this guy and smile at the end. I died laughing when he said under his breath to be removed. 😂😂😂
yeah the off camera sound bite was gold!
Yes and no. His cross, while not great, had a point. He caught a legitimate issue and was tracking it. His problem is that he very obviously has no patience. I understood exactly what he was going after from question number 1, and (while the cross isn't particularly good) it's a great line of questioning if the prosecution is not going to object... but he raised the issue 6 prior times before he had an evidentiary record. 😂 Kid, what is the rush? Jebus... chill out, man. There is no reason to slam all your cards down on the table right out of the gate. A prelim is a free cross examination of the officer under oath, so flesh out the record first before broadcasting to everyone that they screwed up the search.
@@Rustman80 "His cross, while not great, had a point"
It didn't though and is why the prosecution is not going to object or barely redirect. He's scraping the bottom of an empty barrel looking for dirt and coming up empty.
I'm am not a lawyer, but I don't think pissing off the judge is a useful strategy.
Right, getting someone who is making decisions on your clients future mad, not a great game plan. 😒
Client guilty as sin because evidence says so, defense attorney turns over every rock to see if they can get the evidence thrown out. I don't blame him for trying it's his job.
In this case, I don't think it really matters. From what I am gathering, the practice in this particular court is that one judge makes a bindover determination and then it get assigned to a different judge for trial.
OSG, I love that you type comments so I can have a better understanding of what's going on, instead of just guessing! You do such painstaking work, and I really appreciate it! Thanks, OSG, and have a great weekend!😊👍❤
Yeah same...
I find the incessant comments distracting and a little assholish. All defendants are not guilty until adjudicated, despite what OSG says.
I like the “silent” comments, too.
@@Jimmietwotimes ... These cases already happened by the time he uploads them and inserts the comments.
This lawyer is more concerned with simply making the witness look bad, what he is doing does not help the defendant. How he got his license is beyond me.
All he had to do is pass the BAR. Lawyers at his level only try to talk circles and confuse the Jury, this will not work on Judge Simpson.
@@WilliamTaylorIIIthey say the same things about Drs. You can pass with an A+ or a C- 🤷
"Please, for God's sake, take me off the record..." That had me rolling!!
Did this defense attorney attend the Darrell Brooks School of Law? Making the prosecution provide his evidence and play the video where he wants to “prove” his case.
Well this is what the attorney Kyle Murphy does. He's an idiot and I know this first hand from going to court with him, multiple times. I don't even have a law degree and I'm kicking his ass in court.
Technically, the defense is entitled to evidence found by the prosecution so...
And didnt think the officer would clearly perjur himself
Best part of waking up.... Definitely a little dependent on my zoom court! It's like breakfast of champions 😅 great way to start my day!!
like to drop em early for the east coast folks while they get ready for work!
I'll take it any time, any day! I appreciate the time and planning you put into the videos! Keeping up with all the court dates for the infamous cases we love to follow and the expansion of judges over time. It's appreciated and enjoyed!
@@OSGCourtWatch very much appreciated...I'm just south of Boston and always check for Squishy output.
@@OSGCourtWatchjust another reason you’re the GOAT in Law Tube.
Same here, my addiction for sure! Ty old squishy!
Thank you Your HONOR! you gave them more chances than they deserve and thanks to all at the garden for all your hard work ❤! Does anyone else remember being taught as a kid you are judged by the company you keep and actions have Consequences?!
Can you imagine how the defendant is feeling during this?? I'm sure he's losing faith in his lawyer! He's got to KNOW this isn't going well for him! 😳🤦🏻♀️😬
i wonder if the defendant can request a change of attorney (assuming this one is a public defender) after this nonsense.
Wow! That attorney had better hope he never has to go before Judge Simpson again.
If a judge is holding grudges against attorneys and letting that influence his rulings in the future then that judge needs to be removed asap
@@cargopilotguy305 didn't happen
Always a favorite judge to watch do his job.
Wow! Is that defense lawyer looking to end his career, or what?!!
Well, Judge Simpson is running out of patience and the lawyer is REALLY pushing his buttons. And he's annoying me too...😂 Yikes..."find the rule, and for God's sake take me off the record." 😵💫
You know how people smile when you walk into a room? I don’t think that actually happens for this man.
Whatever the opposite of charisma is, Eeyore’s got it in spades. Unprepared and honestly just kind of simple
Poor little defense attorney decided to go to court that day and pretend to have balls. Wrong day to play dress up.
The defense attorney just can't read the room or the judge. He's digging a hole for the defendant IMO.
He's digging a hole for himself. Judge Simpson has shown before that he doesn't let anger at a defense attorney's antics spill over to the defendant. He knows the difference between the defendant's actions that are the subject of the hearing, and the attorney's actions that are impeding the course of justice.
He's vigorously representing his client and Judge Simpson is fair and would not hold that against the defendant. As far as the defense attorney's reputation with the judge I believe he saved it by finding and citing the case near the end. Imo he might've gained some respect from Judge Simpson for meeting his challenge although he denied it anyway. It is now all on the record and when this goes to trial the attorney might have grounds for appeal if they so choose. Not saying it would be upheld but a good attorney sometimes has to play the long-game for his client.
@@wjatube The old ineffective counsel defense on appeal.
This attorney has gotten on my last nerve😳
Try being opposing counsel on a case with him. Kyle Murphy is a total moron. This is how he is, incompetent and rude.
I'm not sure Judge Simpson chewed his entire posterior. There might be something left.
Love this judge - he should have his own show!
That attorney is burning bridges down to ashes when he is pushing the judge. If he hopes to continue working in this district very much longer he better change his attitude. This attorney needs to be able to read the room.
Every day I check my notifications to see if old squishy gardener has a video. Nothing better than sitting back and watching your videos. Thank you for your time and effort.
Judge Simpson really impresses me as when I think he's picking his nails and not paying attention, he's actually banking all the information in some brain vault to be later used against any and all 🤣
I just can't say enough how much I absolutely LOVE Judge Simpson AND Judge Manning!! Lol if I said the thought of breaking some law in their jurisdiction just so I could meet them HAS NEVER crossed my mind...I'd definitely be lying 😂🤣🤷♀️
I love this judge. He is so compassionate when it's appropriate, but when people lie to his face or try to do a run-around, holy mother of god.
"Oh for God sake, take me off the record!". I just adore Judge Simpson.
🤣
I love how fair the Judge is. He won’t hear BS from either table. Argue your case respectfully and bring the facts. Anything else is unacceptable. Proper Judge imo
That's one of the endearing things about Michigan lawyers when they call each other sister or brother counsel. It's a sign of respect for one another.
And Judge Simpson also has an excellent relationship with his court staff, prosecutors and the public defenders!
It's not a Michigan thing...
Love Judge Simpson... I sure hope he doesn't stop streaming his court cases. He is a very fair judge. Was this bring your kid to work day for Judge Simpson? The girl on his right? Maybe she's trying to decide if she wants to study law! Greetings from Ireland 🙂
That was the most intense sustainment I have ever heard from Judge Simpson!!😂
You go, Judge. Love following you.
Thanks for giving us an excellent view of this hearing. Ouch! Is all I can say for counsel.
I would like to know WHAT POINT and RELEVANCE is this attorney TRYING to make!!!!! Hold the counsel in contempt for frivolous questions!
Here's the thing about the felony section of this DAs office. Amy Reiser, Kaitlin Kirby, & Jessica Blanch are all SUPER prepared, calm, cool, & collected. Until they aren't! They are a great team! I remember the guy who threatened Ms Kirby, & Ms Blanch came for him like a Mama Bear on fire! It did not end well, & her got jail time for the threats! The DA they work for, I hope he knows how lucky he is to have these 3 strong women!!!❤❤❤
The "attorney" is giving classic examples of splitting hairs over the most stupid points ever, that will have absolutely nothing to do wth the outcome.
Play devils advocate here I feel like this defense lawyer feels this particular hair he’s splitting is the only possible defense he has for his client but yeah it’s a bad look
Whoa…I haven’t seen Judge Simpson that fired up before! Certainly warranted!!
The pissed offness is definitely palpable 😂😂😂
I wouldn't have even left that courtroom to try and find whatever he was grasping at to get the evidence suppressed😂😂😂
Love this judge 🎉🎉❤❤ !!!!!
This is why Judge Simpson is the best
When there is a lot of back and forth especially trying to figure out who is saying what, the court reporters who type out the transcript deserve all they money they make and then some. Sometimes it gets heated and quick.
I like the way the judge is thinking 🤔🧐 I could be out in my boat 🚢 fishing 🎣🎣 !!!😊
All I need next is judge Boyd sometime this afternoon and my weekend can begin.
Oof. When the judge says "what authority do you have to make this ridiculous request" and the best you can do is "this rule gives you the option at your discretion to do this" then you're in a tough place. Does judge Simpson sound like he's inclined to use his discretion to do that?
I love how the defense attorney kept blatantly ignoring the fact that the officer had to have permission FROM HIS COMMAND in addition to the business owner in order to be able to leave a vehicle parked on a private lot like that. The officer confirmed that he did NOT have permission from his command to leave the vehicle there! So it wouldn’t matter if every worker, the business owner, and Santa Claus himself came outside and said it was ok to leave the car there. He still wouldn’t have been able to! I’m not 100% sure but it would make sense that if the PD chose to leave the vehicle on the lot and anything happened to it before the owner/family/friend was able to retrieve it that the PD and/or the town/city could potentially be held liable for any damages.
That's because Kyle Murphy does not think that the court rules apply to him, he does whatever he thinks and feels and not what is within the law.
That defense attorney is the reason why we have distrust with the justice system.
BIG mistake when an attorney argues with Judge Simpson and is disrespectful
Or any judge.
What a judge! Great stuff.
I would hope that the defendant's attorney learned something today. 😉
You gotta love the unending patience judge Simpson has imr most other judges would lose there sh*t but not him the headaches he gets from dealing with these idiots is understandable
Amy Reiser is fantastic! Bless her for dealing with some very difficult cases ❤
OSG I love your vids. You're hard work in preparing these for all of us who are law nerds. Man, Judge Simpson is very spicy in this one. He's tired of the games from the attorney but rightfully so. Thanks again for your hard work.
my passion Michelle!
@@OSGCourtWatch It's hard work, gathering, editing, and putting them up for us all. You've had some of the best updates as well. You're appreciated!
buddy didn't even have the video lmao lied like he did and had to beg the district attorney... As an attorney this as shameful and embarrassing as it gets hahahahahahaha!
Fail #1- You thought you were smarter than the court, meaning not just the judge, but the entire court lol.
Fail #2- You just tried to lie on the state and now you need the state to play the video before the judge confirms you lied again. But this time about a video you originally swear is viewed by you, but somehow you don't even have???? What a #2 show lmao
This defendant, (the lawyer is not doing well) is headed for a conviction. The vehicle impounding was lawful, the search was lawful, the evidence will not be suppressed. That equals guilty.
@@nancygodsey8312 yea the def is SOL and got a reflecting attorney is just the icing on the cake lmao. He will be having several extended seats and his attorney will be going to Walmart for a app after the disbarment lol.
@@Rome__kingnailed it
Maybe that attorney needs to go back to school. Because he clearly missed some important lessons.
My husband officially hates Zoom court😂
Vehicles abandoned on private property get towed.
Omg 😳 Thank you! UA-cam returned the “oldest” option when looking through videos on a channel. I didn’t notice ❤
I actually see this kind of argument come up a lot. it's strange to see a lawyer fall into it. Now, it is possible that Michigan has more stringent protections, but by and large, the intent of the officer does not matter. For instance, let’s say that you get caught jaywalking. The officer stops you and says, "ordinarily, I would just let this slide, but I really hate you, so you're under arrest." It doesn't matter. The officer either had probable cause to arrest you or they didn't. The officer’s intent was irrelevant. Here in this case the defense is trying to argue that the officer impounded the car because they wanted to search it. So what? It doesn’t matter what the officer wanted. It only matters if the officer was allowed to do it. That's one of the reasons why the defense's line of question was irrelevant. #notlegaladvice
Not entirely true. Defense attorneys have successfully argued bias on the part of police. This is easier if it’s bias against a protected class of course which is a civil rights violation.
But defense can subpoena an officers service record and show they only impound cars driven by certain groups or conversely never impound but did this time.
And we all know the decision to impound is often driven by a desire to perform a search otherwise illegal in the circumstances. It’s a commonality, not an exception.
@@JodyOwen-we6oo A showing of bias could possibly invalidate a search warrant, as a search warrant needs to be issued by a neutral and detached Magistrate. However, if you have case law that shows a search (or seizure for thag matter) was deemed invalid, even though probable cause existed, just because the officer was biased, I'd love to see it! #notlegaladvice
@@JodyOwen-we6oo I am so tired of criminal filth whining about their "civil rights" when they are out BREAKING THE LAW. We need a cleansing rebirth in this country to free ourselves from the vermin that run the streets in our cities.
thanks for the explanation!
People are...close... on why this matters, but not quite right. I'm a criminal defense attorney. Upfront I practice in Wisconsin and not Michigan, so some things are different, but this is my analysis of it. The purpose of a preliminary examination is to determine whether there is probable cause that crime occurred and the defendant was probably the one who did it. Does the reason the cop impounded the car matter for determining probable cause? No. It doesn't. In fact, where I practice, if the prosecutor is paying attention, they would object to the questions as irrelevant. I try to ask the same questions anyway at preliminary hearings until I am stopped. Why? I have the officer under oath. That is sworn testimony, and I can use the record of that testimony later, whether its to support a motion or to impeach the officer at a future hearing or whatever. So if the reason for impounding doesn't matter for probable cause, what does it matter for? He's scrutinizing the search. Remember what the officer said during direct. They impounded the vehicle and conducted an inventory search, which is when they found the evidence in the case. Inventory searches are not investigatory in nature. They are not a law enforcement function; they are an administrative function to ensure that the owner's property is accounted for and cared for while it is in State custody. It falls under an officer's "community caretaking" functions. It's why they can do them without a warrant and if they happen to find contraband during an inventory search, it can be seized and used as evidence. However, because inventory searches are not for the purposes of investigation, they cannot be used to get around the warrant requirement. What officers cannot do, which may be what happened here, is impound a vehicle specifically so they can do an "inventory search" to look for evidence. Find evidence incidental to inventorying the property? Good. Seizing the property because you have a hunch it might contain evidence and you want to "inventory" it without having to get a warrant? Bad. That's a violation of the 4th Amendment. They need a warrant to do that kind of investigative search. If that is what the officers did, then everything taken from that vehicle can be suppressed. It isn't going to change the outcome of the prelim, because, as the judge correctly points out, it doesn't matter for a probable cause determination, but I guarantee the next thing coming is a motion to suppress and the transcript of the officer's testimony at the prelim is going to be cited to a lot.
The one part that I'm not getting is raising the motion to suppress at the prelim. It's obvious this young attorney is chomping at the bit to get his fourth amendment argument heard, but he raised it 6 times before he had an actual evidentiary record? Why? Maybe there's some rule for when suppression motions need to be done by in Michigan, but in the absence of that, I don't know why this is even an issue at this stage of the case. The prelim should have just been setting the board for the motion. Ask the questions. Get the cop to make admissions under oath. Get the transcript, and then file the motion to suppress, and then have a hearing on it.
He's gotta fight for his client and he did find case law for his argument
Yeah I don’t get all the anger towards that
Thank you for uploading another awesome video osg. People don't realize how much work is put into these videos. It baffles me you only have 86k subs, can we please help this guy reach 1 mill please.
thanks for the kind words John…much appreciated!
@@OSGCourtWatch my pleasure sir and I'm not saying anything but the truth.
after watching a number of Judge Simpson videos, i’ve learned one important thing. when he starts covering part or all of his face with his hands, he’s about to lose it.
ETA: ‘please for God’s sake take me off the record’ 😂 love you, Judge Simpson!
The defense attorney seems pissed off because he can't get a scumbag with drugs and a gun off scott free. What a cockroach.
Don't denigrate cockroaches.
“Please, for God’s sakes… take me off the record.” 😂
This video should be called “Play it Again Sam”. 😂
I love how Judge Simpson is swivelling his chair to & fro to comfort himself & keep his cool…
Really good Judge Simpson clip. Thank you for posting
How odd did that defense sound, and how unprofessional of the defense attorney? Great video of how to piss off a Judge .. especially Judge Simpson!
How about telling your client to QUIT BREAKING THE LAW!!!!
That’s not his job
No. He makes his living off of people breaking the law.
Your videos are always great but this one was above that! Thank you!
I love Judge Simpson!
While I sympathize with the defense for trying his hardest to get some pretty damning evidence thrown out, it was ballsy to try and do it without having your ducks in a row - having to fall on the court's mercy to go find the authority you're relying on to challenge a motion already decided. Lawyer was trying to argue alternative facts there, and Judge Simpson wasn't having it.
New subscriber here, thank you so much for these videos. I've been binged watching your videos, very interesting. How do you get to see these as they are live?
More judges need to step in and stop this kind of disingenuous lawyering that has become all too common place.
What the defense is really whining about is their client, who had a warrant for their arrest, is picking up additional charges because they were riding dirty. Talk about not taking responsibility for one's actions and trying to blame the police for his clients crimes. He should be disbarred.
Judge Cannon comes to mind.
This Judge is awesome!
I get the angle the defense is going for. He is trying to have all of the subsequent evidence (gun and drugs) deemed inadmissible based on a invalid search due to the vehicle not needing to be impounded. The fact remains that the department does not have a duty to leave the vehicle and only does so as a courtesy to keep the arrested owner from incurring more costs via towing and storage. When a private property owner allows the vehicle to be left on scene it is only due to the officers courtesy and not a matter of law requiring it. They do not have a duty to ask if it can be left and it is unlikely that the owner or employee would agree to have it left at an active pump to impede business for an undetermined length of time.
agreed
Is this defense lawyer intentionally trying to TOTALLY piss off Judge Simpson? It seems like he's trying awfully hard. LOL!
His defense is asserting “illegal search and seizure”? The defendant had a search warrant.
The attorney is grasping at straws, he's trying to build a rookie's misspeak into something it isn't. The judge isn't having any of it.
@@JohnP538 absolutely correct because in the absence of anything else, like excluding key evidence against your client, a good defense attorney will thoroughly pursue the procedural/handling by LOEs especially if it involves a trainee. We need to also consider the harsh public blow-back against the police over the last few years over police misconduct so the judiciary has to be cognizant of that as well.
@@wjatube Crappy job defending career criminals. I'd rather work in a slaughter house.
Attorneys get paid lots better than butchers.
Never make the judge angry. 😡
This must be bring your daughter to work day. Who is the kid in the sweatshirt sitting next to Judge Simpson?
That’s what I was wondering. A little disrespectful
Wearing a hoodie at your job in the courtroom, behind the judges podium of all places? Society really is going down the shtter.
what a petty thing to get mad about.
I'm pretty sure that when an exasperated judge asks you to find a court rule that gives you the authority to do what you're doing, and you start with 'all I can point the court to...', you're in a sticky spot. I mean I'm not a lawyer so I could be wrong, but I kinda don't think I am here.