on February 26th 2022 a 65-year-old man named Michael Scurlock was riding his bicycle when he accidentally collided with a car police officers from the Dickinson Police Department responded to the scene and the encounter was captured on body [Music] camera 63 show on autoit I said I was you all right we had little get together he Beed up about getting checked out but you say he all right I'm all right so we're just you all right I told him I want to take no I ain't all right I need about about a million dollars and then not be all right well you ain't getting that so yeah well no [ __ ] I'm trying to get them he's always you go ahead and get that I want to get you I got that you know I can put that even though it's a complicated yeah so what do you want to do take three he's not injured no ambulance needed uh can you can you run Michael [Applause] Spock I think I'm that Bo over I don't think you're going at it right there you go yeah I got the tools at the house you know where I live you know you you didn't do that on purpose 63 did you get my last transmission my chicken I'll come by stop by stop by the house you know where I be I'm glad that you are somebody I know hey hold on hold on hold on don't go anywhere yet what do you mean don't go anywhere yet exactly what the [ __ ] I mean don't go anywhere yet hey what the [ __ ] is have I've done I was what what happened he he hit me accident is not needed that way to go and I start to ease out the next time I see a flash in front of him he goes I was wor about [ __ ] now I a't worried about a flat look at that [ __ ] [Applause] wheel I got pixel flat in that sun bit and it ain't supposed to fix ble tires it ad here the uh tube to the tire that's some bit leing down [Music] B all right am I through no what have I got to do you got to wait here what for tell me till we finish our investigation investigation or anything matter of fact have a seat have a seat on a curb matter of fact I was out there laying have a seat on the Cur you're not listening to me have a seat on C what you're supposed to do have a SE on I hit she hit me I mean he hit me and I wasn't I thought he saw me hey have a seat on the Curve I'm going to look for my stuff young man all right turn around come on now wait a minute hey relax what are you doing hey hey you going to have a seat sit down I'll going try to have SE if you'll let go of me you not You Don't Own Me put your hands behind your back [Music] [Applause] we need him now 6 to3 go ahead rolling uh rolling ambulance the Sergeant's rude Behavior towards the old man was evident from the first minutes Sergeant Kinsley was subsequently charged the grand jury found that Kinsley caused scurlock's body and head to hit the ground failed to provide medical assistance despite having ample opportunity to do so and knowingly unlawfully arrested detained and mistreated Scurlock when medical assistants arrived Kinsley did not inform them that Scurlock had lost Consciousness or seek follow-up care in the next video Scurlock complains of pain and [Music] dizziness come on you got a car don't you a car for what to give me home no I don't have a car to get you home in come on Mr Scurlock you have the right to remain silent you have the right to a lawyer you have the right to have a lawyer present at any interview with the place or District you have the right to terminate any interview at any time you don't have to make a statement but I must warn you any statement you make Ken will be used against you you're charged with public toxication I'm going set a bond of 581 can you make bonds sir I take that as a n yeah what you going to do what do we do with I don't he got the last on okay uh payment plan or just payment plan okay oh how am I here you got to r a public intoxication yesterday I got beat on yesterday having signed that fill that out if it it has any information we'll go from there man I ain't got no way out of yet no you're getting out you're getting out s right here for me oh give me your name on there the best you can man I can't I can't see huh I can't see how yeah right here sign your name the best you can [Music] okay okay just sit sit right there on the bench for me I think this one got um I think this is got [Music] Mighty oh man okay hey you going to have to be quiet I se you going have to be quiet I [Music] have come on I can't come over the judge is out here [Music] no right there as we observed his condition continued to deteriorate while he was in prison police officers especially when it comes to older people can see their reactions as some kind of roleplaying or alcohol induced effect and in this case they tried to explain Mr scurlock's condition simply by the fact that he was drunk and ignored it if he had been drunk the effect would not have been expected to last last so long he would probably have fallen asleep yet he cannot stand stumbles and complains of vision problems in the video when asked to sign a piece of paper he said he couldn't see and was in pain it is worrying that no one connected the dots to realize that there might be something more serious going on here let's examine the scene from another officer's body camera [Applause] what uh we need them now 63 go ahead roll rolling is he out huh is he out [Music] [Music] you know his name Michael SC Lo up is he drunk huh is he drunk I don't know I tried to get him to sit down cuz it looked like he was going to walk away he wouldn't do it so now I told him to put your hands behind your back and started the Seas let me get his information so I can get him out of here you good holding him you want some gloves or something uh I mean I already touch him I got some gloves at the end of it all Mr Scurlock the man in the video spent 2 weeks in intensive care with a brain bleed and sadly passed away in December 2022 9 months after his injury his death certificate listed Parkinson's disease as the cause despite his sister a former nurse stating he showed no signs of Parkinson's before his arrest Sergeant Michael Kinsley faces serious charges including felony intentional injury to an elderly person and a misdemeanor charge of official oppression Kinsley has been placed on immediate unpaid administrative leave it was also reported that Sergeant Kinsley had undergone five internal investigations in 6 years the cliche that we have reviewed our actions and can't see anything wrong comes to life please give us your thoughts on this case and let's move on to the next one on August 10th 2018 87-year-old Syrian immigrant Martha Al bashara who speaks limited English was picking dandelion with a kitchen knife in a partially fenced area near her home in Chatsworth Georgia when efforts to remove her were unsuccessful an employee called 911 and reported that a woman was wandering the property with a knife two officers from the Chatsworth Police Department responded to the scene the encounter was recorded by a body camera [Music] [Music] [Music] why did you not [Music] stop stand up stand up stand up stand up [Music] [Music] stop [Music] easy CH there [Music] where do you where's the home she Liv over here right here officers found Miss Al bashara an 87-year-old woman foraging for dandelion weeds with a kitchen knife despite commands to drop the knife she continued calmly likely not understanding due to a language barrier Chief ethd tried to Signal her by dropping his pocket knife but she didn't respond and walked slowly toward the officers when she was about 5 yards away an officer deployed a taser causing her to fall the fourth amendment requires that officers use reasonable Force based on the situation considering factors like the severity of the crime immediate threat and resistance in similar cases courts have upheld taser use when individuals holding knives posed a clear threat as in Smith V leage where a man Advanced on officers with a knife however Miss Al bashara's case differs as she was simply foraging and had no intent to harm her lack of response was likely due to a language barrier not Defiance given these factors a court could find the use of four successive in this context my car's on the other side Brandon you want hold her I'll go get mine mine behind is it your Kasa your Kasa right there where's uh where's your son son your son no no no no no where where's your son is he at work no ma'am no no no no no no no no no I need do [Music] Solomon Don Who who how do you how do you know Solomon he Solomon how do you know him is that your grandson no door's open though I knocked and I guess you just by herself I guess the F will get put up next week won't it go ahead we 75 Avenue is going to be a temporary seven and there was going to be a language I do have a home phone number Chad forth nobody's home right now um [ __ ] I don't know family family who's that Selena Selena do you know do you know these people [Music] mohawk she Mohawk or something sh work where where fo my this way ma'am come on ma'am man you going have to get in wait wait you're going to have to get in here once you get in here you can talk to them okay ma'am ma'am take her to jail you need to ask her politely just sit in the yeah she will she will but please please she's the old lady oh I yeah I get it I get it but you can't have knives KN okay just tell her to sit down we'll talk to you yeah wait in the yeah yeah try to translate to her to sit in the car man cuz we don't want to pick her up if you know him you know we are good people please give him give him okay let's here I'm scared she have a heart problem I was off she she didn't she didn't know [Music] English come come sit right here ma'am we'll be able to sit down and roll down the window and you can speak with her you got to stay like that man [Music] here you go a family member pleaded with the officers not to arrest Miss Al bashara emphasizing her age the officers argued their actions were Justified citing her presence on private property with a knife under Georgia law Criminal Trespass occurs when someone knowingly remains on property after being asked to leave due to her limited English Miss Al bashara could argue she didn't knowingly stay on the property as she may not have understood the request to leave as for the kitchen knife Geor of law prohibits carrying certain weapons unless licensed but defines a knife as having a blade over 12 in most kitchen knives are shorter so it's unlikely Miss Al bashara violated the law by carrying the knife while foraging come [Music] have a seat have a seat ma'am yeah we did yeah yeah talking my brother come and he really sorry but you know you have to understand she's an old lady and you know she's not on harm or something please my dad he's he's a heart have you know very bad situation with a heart I don't want who to see this ma'am does she have any any kind of she she has she has to make why she by herself you know with my dad and I just went to back home to bring some food you need to always have somebody here at all times what we have to do you know sorry about that but yeah cuz if not don't worry she going by herself who won't translate to her please let my daughter go with her please you are more than welcome to go to the Sheriff's Department we we cannot the sheriff's department will not allow you in our booking area till Dad till Dad go there where chth Miss Al bashara was taken to hospital and held there for several hours for control purposes she was then charged with obstruction and Criminal Trespass however some time after the incident the prosecutor dropped these charges and said they were unnecessary Miss Al bashara sued the police department over the incident and settled for $150,000 imagine being accused and arrested by the police even though you are innocent here is a good example of what would happen in this situation on June 29th 2023 Andrew stating having lunch in a cafe learned from his wife that his truck had apparently HIIT a building building owner hus Sutton confirmed this and showed images of the damage Mr stading apologized offered to fix or pay for the damage and reached an agreement with Mr Sutton later encountering police officers Zach wber and Rob noeld from flandro Police Department Mr stating was asked for ID and the events were recorded on officer body cameras do not identify yourself be going to jail I'll be going to jail you're going to kidnap me what time did I right now fail you're to identify yourself so what do you need my ID for what is the crime I committed because you were involved in an accident I'm not saying you in that crive right now well because you're why are you shaking man are you all right are you nervous you're shaking that makes me kind of nervous man you're over there with all these guns and [ __ ] I'll suit it up and you're the one shaking are you all right man see what's going on here you see him Shen y are you all right do do you need medical attention what I want right now it's for you to identify that's what you want that's nice if you want anything you want you ain't going to get the officers though acknowledging Mr stating committed no crime insisted on identifying him contrary to South Dakota law which lacks stop and identify Provisions this made their demands potentially illegal despite this the officers forcibly restrained brained and handcuffed Mr stating without offering a reasonable explanation for their actions with that man right there put your hands up on the car I said hey maybe put your hands up on the car okay and I worked out with him that I will cover the damages that has nothing to do with you right nothing to do with you do a report do your report that's lovely hands up at this point I wish to remain secure in my person's papers and effects sir I will charge you with assault and kidnapping I'm not resisting why are you both up on me he's not on you he's holding your arm I do not wish for this to happen gentlemen you were given a lawful order no that's not an order yeah dude my wrist is backwards come on man it's not backwards it's on right not backwards come on it's supposed to be like this so you can't so I'm supposed to be like this and like break my rist come on it's not broke no but you're going to go try and sit me down in the back of your car like that you want me to break my wrist when I'm it's not going to break when a sit down look at this am I even resistant is there a need for this or is it just so that you guys can feel better about yourself yeah real feel about myself yeah you do huh no there's real crime in this city there's like murder there is like failing to identify yourself you're involved inen a crime I want to see the charge for that what charge is that what law did I break by failure to identify let me see is South Dakota a stoping ID State not stop an ID you're involved in an accident the officers accused Mr stating of being involved in an accident according to the law for detention to be justified officers must articulate specific facts leading to a reasonable suspicion of criminal activity in this case involvement in an accident doesn't inherently indicate criminal activity and Mr stating had already addressed the issue with the concerned party in Arizona where the incident occurred no further investigation or due process was required from law enforcement in this situation whoa whoa whoa show me show me what law you're saying I'm breaking you're over here throwing me in a car get knives on you beside this one I have all kinds of stuff on my pockets that you are not freid to touch sir that is my property exactly and you're under arrest the other knives I'm sure I got plenty on me all right have a seat what are you doing with my property your property's in the front seat right next to where you're going to be well it might behoove you to know that there's another small knife in my right pocket and I really know you were not allowed to reach it in my pocket I'm take the Cuffs off and I'll get it my [ __ ] sou it's in your front pocket you can't reach it anyway get in do not [ __ ] touch me oh you can't just take the cups off though huh all right have a seat I'd rather not I don't care what you rather do get in the car what is your name sergeant newfeld newfeld and Weber what is your first name Rob Rob newfeld and what Weber Zack Zack Weber car this is against my will Mr stading was explicitly stated to be under arrest by Sergeant nanfelt yet this arrest was again unlawful for an arrest officers must have probable cause based on facts Not Mere suspicion the officers lacked grounds as they assumed Mr stating was fleeing without questioning the other party Chief Weber admitted no crime and their actions violated Mr sing's Fourth Amendment rights finally they remembered their Duty speaking with Mr Sutton the building owner after the rights violation was so what happened so H used to cook at uh this big native guy his mom's knocked on the door came in I was like what's going on she said somebody just hit your building and then drove away I was like well did you see where they went yeah they backed in right over by the um whatever deal the restaurant he like okay so she sends me I said the store she sends me I said do you have a picture of it she go yeah so she sends me that from the apartment they live in okay so I walk over there I'm looking around the truck and she's walking back up she said if I need to test tesy what's right's right what's wrong wrong okay um and she goes oh I was looking for license she goes oh they're on the dash so I took a picture of the license plate on the dash so there's no plates anywhere else on the truck and as I was sitting there the lady in the white car said I can't help you I'm like is this yours or do you know who this is it's my husband's why so he hit my building said it's not a big deal he just hit it just want to F what's going on oh well me back up right away she said we didn't he didn't do that he's been here for forever when did it happen 10 15 minutes ago she just came around us he's been here for a long time that truck hasn't moved so I called L said hey somebody hit my vehicle or my office they're planning it didn't happen just it's easier just get a poli if I turn into Insurance they're going to to so he comes out right away yep sorry if I did it I don't know if I did or didn't but if I did it I'll just fix it take care of him like and just put it on the AO I'll have him come back over for it's going to take to patch it it's not going to be horrible there's a reason we put that break in there for reasons like this if we can't we got to cut it all out of blend better well he's like yep no problem whatever and I said hey well that's Zach I said just call the cops in case I turned into Insurance I need a poli rep then you took away so you didn't make no deal with him that he's going to pay for it I said I would have Han come look at it and we can figure out cuz I gave him my number I said we figure out what it's going to take to fix it I said but I don't know he goes I'll fix it man I'm going to have Dan fix it I said if you're you're going to fix it we're you're going to pay to fix it we're good but I don't and then you pulled in and then he got BL so he didn't identify himself to you he yet either well he said his first name but I didn't catch it he kind of moved through it but that's his wife she identified herself to me as his wife she said that's my husband's pickup he said he just got it he didn't deny doing it he said I just got this and it's a big old truck I'm not used to driving I'm light of after hearing Mr Sutton side it affirmed Mr Sting's claims as true indicating both parties had reached an agreement this information alone should have made the officers realize they had unlawfully arrested Mr stading additionally a crucial detail emerged Mr Sutton mentioned that Mr staing had identified himself during their conversation even though the clarity of his first name was uncertain all right step out so Frank said have drop something yeah my phone here I get it for so the statute that you need to identify yourself for is you hit the building the law yes is that a statute state codified law it's a statute it's not law it says cified law what Sovereign RI that law huh what Sovereign RI law state of South Dakota is not sovereign I know it's a state that's where you're at no I'm in a state of list I'm in a state of being okay I'm in a natural state all right so I am not in the state of South Dakota I am on the land you can explain that to the judge all right I don't need to hear you can explain that to the Jud well you guys are going to release me and stop wasting my time or I'm going to charge you for my time yep you tried that once already Works a little bit it oh you think I tried that yes because I know who you are oh okay let's see how that goes you can identify yourself are you guys going to keep running your extortion racket because I've worked out with that man that I will compensate any and all damages and I don't need no third party Interlopers interfering into my Affairs because he said you didn't identify yourself I identified my suspect him not according to him okay then he can go to court and we'll have this conversation in court but I have nothing to do with you two clown Sergeant norfeld lied to Mr stating falsely claiming he didn't identify himself to Mr Sutton contrary to this footage showed Mr Sutton confirming the identification this irrelevant detail exposed the coercive behavior of Sergeant noeld subsequently Sergeant noeld backtracked changing the arrest narrative to letting Mr stating go with a citation for leaving the scene of the accident yep I'm going to get a citation for leaving the scene of an accident oh I left while I was here the whole time did you was I did you go in did you go in the building and tell him that you hit a building I didn't know I hit the building sir okay so now we come out here and told you that you did yeah actually someone else came in there and told me that I did and I record and then I came running right out as soon as I was told that I hit someone's building and I came out to see what was going on and I told the man hey if it was me I'm sorry I [ __ ] up I will gladly fix it what is it going to cost I can fix it myself or if you want to hire your guy to fix it that's fine I have no problem compensating damages of anything I've done wrong I do have a problem with Road Pirates sitting here trying to excort me and waste my time so what you want to do I'd love to be left alone to go about my day you're going to be left alone as soon as we get done with the crash report then why are you wasting my time I'm not wasting your time you're wasting my time cuz you won't give us your name so we can write it in the report and get this over with and get you on your way my name is none of your [ __ ] business it is it needs to go in the accident report it needs to be given to the victim okay I'll go talk to that victim no you think only government can solve problems your daddy didn't teach you right you didn't know that your daddy never taught you that two man you know why cuz he's [ __ ] dead don't ever talk about here he didn't teach you right did he he didn't teach you that another man he didn't teach you that another man can go talk to another man and solve his problems you don't need government Intervention when I was one years old I don't know according to South Dakota hit and run laws leaving the scene of an accident is a misdemeanor if involved in a collision with unattended property one must make a reasonable effort to locate the owner or leave a note Mr stating had already located the property owner reached an agreement and fulfilled his legal Duty invalidating the accusation against him exactly but it's brought you to what you are today no it isn't really so you can continue with him with his investigation or you can go to jail we don't really it's my is good citizen last last opportunity what are you doing man why you being so rough with me oh you're being so why you throwing me around chill I'll get in the car why don't you [ __ ] relax I know you just got to be a tough guy cuz you got me in handcuffs you got that uniform on the state gave you some title you think you're King I know but why don't you calm the [ __ ] down at this point the officers regressed harassing Mr stading without cause possibly due to his refusal to identify himself which could violate his rights Sergeant nanfelt then transported Mr staing to the station astonishingly leaving some of his property on the patrol vehicle's Hood during the journey upon arrival at the station Mr stating was restrained to a bench awaiting his fate for several uncertain minutes you did have a phone it is in my pocket guys so this is a PR so you can call your wife and have come to get you Pap work SP the front door here [Music] take that off okay don't drop your phone there you go a see here quick after waiting Chief Weber issued Mr stading a ticket and he was allowed to leave after signing it Mr stading filed a complaint against the police department and the officers citing an injury to his rotator cuff from the encounter he sought medical ATT mention and mentioned settling privately with the other party despite difficulties finding a lawyer he's determined to pursue his claim and Demands a trial by jury in his upcoming court appearance please don't forget to support our stance against police Injustice by liking the video take care stay safe on October 23rd 2020 a man named Carrie Jarvis was subjected to a traffic stop by officers of the Daytona Beach Police Department the encounter was recorded by a body camera yes sir you coming from uh from the gas station that the apartment right say yes sir uh you got SAR you got poin and you got Dawn about you're ad me your arms bleeding huh yeah I know I got to little got into a wck this is got no weapons or anything in your man other than that knife there yeah that's it okay just don't make any movement I appreciate it man over there the owner of the house what was it 208 yes sir yes sir yeah that's fine been staying out of trouble I don't want no problems working do what I'm supposed to be doing when's the last time you got in trouble well actually I had got I had went to jail when I first got out of prison and then they dropped charge would mine anyway when did you get out of when didd you get out of prison n months ago nine months ago what you serve time for on drugs what kind of what kind of drugs crack okay how long did you do years six years for crack I got you before that 13 years though so you've done what total 19 years all for Narcotics yeah but I my everything out uh sauté chef at bubble gums you work at bubble gums what you do there sauté Chef sauté Chef very nice got two kids I'm bet I'm 40 years old now I'm over that [ __ ] I hate I still gotta wear all this [ __ ] here look like I get [ __ ] stereotype man just me though it's my look that's all it is Shin is he not on probation or anything from the last time you went to the county no sir no what was that arrest for that they dropped you said uh possession possession yeah but it wasn't me it was like three people in jail oh so it was Mutual possession cuz nobody admitted to it so it's like what someon in the center console or cupers call I just bought it in the United States individuals subjected to a traffic stop have the right to remain silent and not answer questions that may incriminate them as protected by the Fifth Amendment however they are typically required to provide basic identification information such as their name dri's license vehicle registration and proof of insurance when asked by law enforcement it's crucial for individuals to understand and assert their rights respectfully during interactions with police in this case at the very beginning of the confrontation Mr Jarvis was not supposed to answer the police's tricky questions because from that moment on the police Having learned that he was someone who had been released from prison would never leave until they got what they wanted the license is good I I paid all my costs I paid everything I've been working save my money okay I just fin my my license legit finally I Ain't Got You know what I'm saying F clean I got insurance on the car I just bought the car from the car lck good [Music] all right yeah and again there's no weapons nothing list in the vehicle man okay I got you did he tell you why he pulled you over Yeah by I I didn't stop it the thing right there coming out of the thing oh yeah when you're exiting private property Crossing uh St State sidewalk or city sidewalk onto City roadway you must treat it like a actual stop sign coming to a complete stop and then proceeding into the intersection um also you can have this stuff hanging from your rear view cuz I mean per ped at you it it it is illegal cuz it it's technically obstructed driver's view because you can't have anything that didn't come with the vehicle etc etc hanging from the rear viiew mirror n you good man I it's a minor petty little thing yeah I didn't know that I can have these though right yeah you can have like your fresheners and stuff yeah you just can't have like excessive bulky stuff hanging problem so you said we can't search the car okay okay well here's the thing while my partner is behind you and prior to activating his lights and Sirens he observe furtive movements which is movements into certain areas so we're going to check where those movements were and only where those movements were okay can you step out of the vehicle please what step out of the vehicle please undo your seat belt cuz we don't know if you're hiding weapons guns grenades anything man we're doing our job so we're just doing our job sir please step out of the vehicle I didn't do nothing wrong though man please step out of the vehicle we observe furtive movement so we are just doing our job I'll let I'll let you I'll let you see I'll let you see what have him sit back there no I don't want him sitting right next to right there he don't he can't he can't stand next to what no man this [ __ ] I want to talk to somebody this [ __ ] I do nothing man make it worse I'm saying I didn't do nothing wrong to y'all man don't have nothing in here I have my seat Bel on I had you're harassing me I know but when we when we observe someone making my arm the whole time sir when we observe movement don't treat me like that man case law backs it up where we can search where that was cuz we don't know if you're hiding weapons trying to access a weapon just come on I don't have and if there's nothing there there's nothing there man case law contradicts the notion that individuals must answer questions during a traffic stop in the United States for instance in Rodriguez IA United States the driver was pulled over received a warning from the police officer and was then asked for consent to search the vehicle which he declined subsequently the police officer conducted a search with a drug detection dog without consent leading to an arrest the United States Supreme Court overturned the case stating that once the warning was given and the traffic stop concluded any actions beyond that point were a violation of the driver's rights this case underscores the importance of understanding one's rights during a traffic stop once a warning is issued and the traffic stop ends individuals are not obligated to consent to further searches or questioning unless there is reasonable suspicion or probable cause asserting these rights respectfully is crucial to avoid potential violations then you go on your way that's it as simple as noarch my car man get out of the car [ __ ] no that's no I'm not doing nothing no don't grab me now you're about to go to jail don't grab me man get out of the car come don't do me like that man get out of the car I want to talk to somebody man get out of the car you can talk to out y see this [ __ ] man man come on man don't do it man [ __ ] [Applause] y'all [ __ ] [Applause] 57 Central car went 12 F we got AO that car signal for at the end of you trying to [ __ ] kill me bro I didn't do [ __ ] nothing wrong man metal signal for drive at gunpoint bro you did that can pull out cut out of the water now bro you so we were up there where our cars were and he jumped back in the vehicle and said pretty much like f you guys and yanked it into drive while we were trying to yank him out and took off and like we couldn't let go and I was able to let go of the car up there I like rolled down the roadway and he was here this is where I take I held on to the car h on he still driving he lost his Hool around here I fell off he hit something that backward back H gas you guys couldn't let go yeah we weren't able to let go too fast yeah okay but you weren't in the car no I was holding on we were trying to yank him out of the car when he threw it in so basically I was trying to hold on to the car [Applause] yeah my D how are you feeling right now good right now your jal's ping no I'm still jal's done any other scrapes and stuff nothing serious just my knee got a 25 years ahead I can say neither one of you in the vehicle and the door was open now the door was open when he put it in drive I tried to stop pull him out at the same time so I held on to the wheel and that's when he pull us out yeah he just yanked it in the drive and just stomped on it and took off while we were both like in the vehicle I had one of his arms was trying to grab him and he took his right hand cuz he was able to sit down and put it in drive at that point I couldn't let go so I had to hold onto the wheel cuz I was afraid to get run over so I held out to the wheel I try to pull the reach over and pull it and put it in park to try to stop it couldn't reach I try to put it in try to use the other hand to try to get it turn you I had a hold of like the door when I was trying to get a hold of him cuz he took off and I wasn't trying to get ran over either so in the process of putting in drive I try to yank him and then when he start going hit the gas held on to the wheel and I held on to the G so I didn't get pull out so as he gets here R yeah something after this incident Mr Jarvis was charged with a dozen crimes and was wrongfully imprisoned for nearly a year but then the state dropped all seven charges against him and he was released an internal investigation by the Dayton Beach Police Department revealed that McKenzie violated three Department standards directives and was given a written reprimand according to police records officer Tucker was terminated for another incident not involving Carrie Jarvis a department spokesperson said Mr Jarvis has sued the department both as officers and individually and in their official capacities the case is still pending you can find the case transcripts and links to the original videos in the description take care and stay safe on October 25th 2019 Al Mo Heights Police responded to a 911 call for a welfare check on a woman Miss Davis who was reportedly sleeping in her car upon arriving officer mckin and Corporal Tores observed that Miss Davis had placed a black bag between the car door and the driver's seat when the officers requested that she step out of the vehicle and provide identification Miss Davis exercised her right to refuse why can I not just go cuz you are being detained for an investigation for why cuz you you got called in this is a HB this isn't public property you're asleep on their property here and I fell asleep I understand this is private property you were called in you need to identify yourself first off that would eliminate a lot of this jul cuz if we have to break your window to get you out that's what we're going to do are you serious yes break my window to absolutely why cuz you're not identifying and you're not getting out this is the last time I'm since this incident was not related to a traffic stop no traffic violation was observed and the vehicle was not in operation Miss Davis was under no legal obligation to identify herself the initial 911 call Simply requested that she leave the area with no intention of pursuing a criminal trespass warning welfare checks are generally considered consensual encounters which means the person involved isn't required to comply with requests unless officers have a reasonable belief that immediate danger or the need for a exists rather than de-escalating the situation and simply asking Miss Davis to leave the officers escalated the encounter by interpreting the presence of a black bag as grounds for suspicion attempting to build probable cause where none was clear according to the incident report their intention in asking Miss Davis to exit the vehicle was to investigate the suspicious black bag which raises questions about the validity of their approach can you call us this I am the supervisor your super there is no other supervisor no there is not okay well we're going to out to break your window so you can either do not reach where they are so are you going to open your door or are we going to break your window my phone first no you can reach over here and you can open the door everything's being recorded right now anyway well for y'all not for me it doesn't get edited how because it doesn't public rec we need here we need you to identify yourself if you identified yourself with an ID or driver's license well I have my hands on the wheel where is your ID or your driver's license following Direction where is your ID or your driver's license Pur where's your purse officer M where's your purse over there can you reach it my where is over there cuz I don't see a purse there I don't see a purse what do you want find it no that's what I'm asking where is your purse or you can give us your real name and your date of birth my real name this is my real car this is my real what's your birthday she already came over the radio what is your birthday she said it didn't I H what is your birthday huh what is I'm asking you what is your birthday do yall really need all this yes we do because why cuz I'm going to call you're going to go to jail under the threat of arrest Miss Davis verb verbally provided her identification to the officers who nonetheless continued to demand she exit the vehicle even after she offered to leave the officers insisted she was not free to go as the disagreement over exiting the vehicle persisted Corporal Torres chose to escalate the situation further this approach raises questions about the necessity and appropriateness of the officer's response as it shifted a consensual welfare check into a more confrontational encounter I'm being very clear do you understand what I'm saying I'm saying either step out of the vehicle or we will break a window okay okay okay and step out like I said step out what do you think for what step out vehicle for what I don't you break my [ __ ] window turn that way then step what do you need to step out of the car no we are conducting an investigation what do you need you just step out of the vehicle what is your probable call we have Reasonable Suspicion she saw you placing a black bag by the door so we're going to have to conduct investigation sunglasses bag it has a oakle o on it I know you saw it okay okay that's fine so step out of the car I don't anything illegal we don't know that I'm telling you okay if you don't have anything illegal then we'll be done we have to check your car we have Reasonable Suspicion for what I just told you y'all are just making up some okay turn your head that way cuz I'm about to break your window don't break my window don't do it okay well you're not listening d mother oh my God yall are the same people that have step out of the car what is wrong with [Music] y'all the actions of Corporal Torres and officer mckin during the welfare check of Miss Davis Ray's significant Fourth Amendment concerns since she wasn't suspected of a crime hadn't committed a traffic infraction and wasn't operating her vehicle officers lacked probable cause or a valid reason for a warrantless search breaking Miss Davis's windows and searching her vehicle without her consent or concrete evidence constitutes an unlawful search courts as in terv Ohio require specific facts to justify suspicion and vague reasons like furtive movements don't meet this standard Che my window are youall going to replace it no we we gave you clear instructions as to why and what we were asking you to do there's no PC here did you not hear what I said seconds there's no probable did you not hear what I said uncover your camera did you not hear what I said a few seconds there's no probable cause here at all why don't you look for that black bag you saw first it's across the way thank you yeah it's an Oakley uh sunglass glass bag with sunglasses in it but they don't seem to be worried about that y just by the way my son is in Iraq deployed to lookout for all of us here in the US he says that has no relevance but I'm just a just a regular citizen a good person I don't break any laws I don't drink I don't do drugs I don't do anything I don't think that's a little excessive break in the window well when you refuse to get out of the car and we give you plenty of reasons why and plent of said I didn't have to get out of the car she told me that just do ID myself and I did ID myself you did yeah I did you were there well you did yourself to me she was here before I got here and you didn't ID to her what is that what's the point you didn't ID to her her you ID to me I have to ID to I ID to y'all and we explain to you what I don't did that's all I who we don't know who you are that's all I needed to are you going to let me speak or you just going to want to do all the talk well because you're not making any sense she told me if I I myself I could go and I did ID myself to both of y'all and all of a sudden we were back to Breaking Windows what did we say after that after you identifi your understand I don't know why I even ID myself if we're back to Breaking Windows what did we tell you now she's in my property what did we tell you why we needed you to get out of the car why did y'all ask me to I do myself you just going to Rifle through my purse anyway the question exactly don't make any sense there's no sense here don't try to make sense out of it now officer I'm fine this is reverse [Music] engineering the search of Miss Davis's vehicle by Officer mckin yielded nothing and Corporal Torres sustained cuts from breaking her car window although she was initially cited for failure to identify the charge was later dismissed a lieutenant from the Alamo Heights Police Department offered to cover repairs for the damaged window including a door replacement if needed an internal affairs investigation found multiple policy violations resulting in Corporal torres's demotion and a 3-day suspension while officer mckin was suspended for one day