on March 10th 2022 officer Jose Malta Gonzalez of the Wright City Police Department noticed unregistered Vehicles parked in Hubert Josh Hall's driveway in Wright City Missouri officer Malta then initiated an investigation into these vehicles not too bad are these your vehicles yeah well this one isn't those two are okay so what's going on with them they don't have any registration on them I just I just bought that one and that one I took the head off of I'm cover for man would you get off my property now I'll get a cover for them I'm I'm placing ordinance stickers on all of them I'll get a cover for them can't do that that's not how it works okay you put your stickers on fine okay then you're going to be cited for it right put your stickers on I'll take care I'll just issue citations officer Malta tells Mr Hall that he'll get tickets for having unlicensed Vehicles according to relevant section of the right City Rules a derelict vehicle means any broken or junked motor vehicle trailer ATV or boat on private propert property whether the owner agrees or not the city says these vehicles are dangerous and can't be kept in right City unless they're locked away and can't be seen normally the police give a warning sticker and wait 7 days before giving a ticket but officer Malta skipped that and gave Mr Hall a ticket right away can you copy of V [Music] okay I'll take my time pull up here shortly 10 for try and get a stop on that uh GMC Suburban it just left that's clear he wasn't a fan of me being here is it his residence I believe so he wanted to flip me off and threaten me to get off the property officer Malta said on the radio that Mr Hall threatened him but the body camera footage shows Mr Hall just raised his middle finger while threats aren't protected gestures like flipping someone off are considered Free Speech this means Mr Hall couldn't be arrested just for that actions can also be a way of expressing yourself as past cases have shown even though rude gestures are offensive they're still protected under the law so it's likely that a court would say Mr Hall's gesture was okay and shouldn't lead to his arrest good can I help you your driver's license what do you need my driver's license for what' you pull me over for what's that what' you pull me over for for your threats that you made to one of our offices that's a threat what threat what threat did I make to an officer need driver Li Pro you need a reason to pull me over I just you that for what threat I didn't make any threat to any officer I have it no I am not because I did not break the law so you're not going to give me your driver's license of proof of insurance is that correct for what I just told you for what threat okay I'm not going to keep going through threatening an officer is not a crime it didn't threaten to do anything to him a crime yes flipping flipping an officer off is not a crime a threat to an officer is I'm not going an officer off is not a crime it's a constitutionally it's a constitutionally protected activity right hop out or I'm going to break your window it's a constitutionally protected activity to flip an officer off that's fine you can flip him off you can't make threats to him I didn't make what threat what threat I'm break what threat okay first tell me what threat I made to him what threat what threat I'm break your window what threat did I make to him what threat did I make to him driver's LIC get out I will here's my here's my thing out of the car detective Christopher beard pulls over Mr Hall and claims it's because Mr Hall threatened officer Malta however officer malta's report stated that Mr Hall only raised his middle finger whether Detective beard knew this before or after pulling Mr Hall over isn't clear even if detective beard didn't have personal knowledge of the threat courts sometimes allow stops based on Collective knowledge among officers but in this case since officer Malta didn't have enough reason to detain Mr Hall the stop likely violated Mr Hall's rights after Mr Hall got out of the car he was arrested and held for 5 hours at the Warren County Jail the right City officers also towed his car and gave him citations for disorderly conduct failure to comply resisting and for the derelict Vehicles Mr Hall complained and later met with the chief of police and Lieutenant Tim Matthews an opportunity to review your case okay one thing I'll say is that uh to begin I am going to be voiding all the charges all the summonses that were issued to you awesome I've also spoke with the toe company and they've agreed to refund the expense you had $400 they charged me $400 and you will be refunded every penny of that so let me explain to you why what we have here is a Sydney ordinance that has been on the books for some time that shows that the officers were acting in good faith in accordance with the city ordinance at the time I know the city ordinance aware of it sure I knew he had a right to be on my property well this is this is specifically the manner in which why they placed you under arrest not specifically the derc vehicle ordinance so this is ordinance labeled disorderly conduct if you recall getting that ticket from the arresting officers and the subsection of the ordinance that they used to place you under arrest was this language here whenever I reviewed this case I believe that gestures are constitutionally protected you can't make laws that go above and beyond the if you give me an opportunity I'm sorry Sor go ahead this was on the books this was the ordinance that they enforced that they used to place you under arrest okay when I had the opportunity to review the case I agree with you that I believe this is in conflict with the First Amendment okay okay that that is protected speech because of that all subsequent actions following the traffic stop regardless if you were guilty of them or not are not going to be enforced because I do not believe that they had a constitutional right to stop people first people get pounds of marijuana around a court for unconstitutional stuff Lieutenant Matthews tells Mr Hall that he's cancelling all the citations because he thinks the traffic stop violated the First Amendment the disorderly conduct ordinance in the city which prohibits obscene gestures likely clashes with free speech rights as for the other charges of failure to comply and resisting the law states that a person can't be convicted unless they disobeyed a lawful police order since the traffic stop probably didn't have a valid reason it's unlikely that detective Beard's orders were lawful the ordinance also mentions resisting arrest but it requires that the arrest or stop be lawful which wasn't the case here therefore it's probable that Mr Hall couldn't be convicted because the traffic stop was unlawful again I understand that you're an argumentative individual I I am not I'm not an argument as individual I'm a very polite person I have seven kids I have been violating my rights before I knew what my rights were my whole the whole point here and the reason why I've called you the reason why I wanted to reach out to you is that your your point here here of of your ability to make obsene gestures toward police or protect dur the First Amendment as the police department we agree with you this subsection of the ordinance we've already addressed this with our legal council that represents the city and this ordinance will be amended to remove anything that's in conflict with the First Amendment okay as such you will be the standing case law that amends this for all future contact and this ordinance will be amended to where this will never happen again okay hopefully now we can put this whole issue behind us um again I I have no reason to suggest the officers didn't act in good faith because that ordinance was on the books that ordinance is going to be amended yeah so uh prior to even calling you the actual hard copies of the tickets were stamped red and void uh inside of the computer system I voided all of those out with respect to the derel vehicles I voided those two Lieutenant Matthews kept his promise and canceled all of Mr Hall's citations he also worked to update the disorderly conduct ordinance which now prohibits fighting words and abusive language spoken loudly or in a threatening manner but no longer band's obscene language or gestures detective beard was fired in October 2022 after an investigation into Mr Hall's arrest and he filed a lawsuit for wrongful termination and mistreatment which is ongoing it's unclear if officer Malta faced any consequences for his involvement in the arrest Mr Hall filed a federal lawsuit on December 12th 2022 alleging constitutional violations and state law claims the case was settled for $100,000 in compensation which Mr Hall plans to use to open a pet store you can check the description for the original links to the videos take care and stay safe on March 10th 2022 a 61-year-old woman named Linda trap was admitted to a hospital in Lexington Kentucky after an unfortunate accident Linda was homeless and sought shelter at the Catholic Action Center where she was staying however while staying at the shelter Linda reportedly slipped and fell requiring the intervention of an ambulance to take her to the hospital for medical attention while at the hospital a situation arose when health workers became concerned that Linda would remained there for a prolonged period of time despite being advised to leave subsequently one of the healthcare workers called 911 to report the situation prompting an officer from the Lexington Police Department to intervene the entire encounter between Linda and the officer was captured on the officer's body camera and shed light on the complexities faced by the homeless population and the challenges in providing them with appropriate care and support she's discharged and won't leave yeah she's ready to go second page says clear for jail clear for jail she's what floor out here started punching people in her room oh okay hey hello what's going on it's time for you to leave I guess get huh I have to have of negative G test okay well it's time for you to leave and go where huh jail I guess I'm not taking you jail you need to leave I'll drag you out and throw you out on the sidewalk you just want somewhere to you just want somewhere to sleep tonight that ain't going to happen [ __ ] no it ain't [ __ ] nothing come on I'll drag you out no you're not if you if you want to call my bluff go ahead I don't think I mess with him it's just you're just making it hard on yourself HT me huh hurt me hurt you I guess hurt going to I'm not going to hurt you pregnant by your gloves yeah you got stuff coming out of your mouth I don't give a godamn these people won't give me a negative COV anything Co has to say on the yes I do not to live on the street no you don't don't you guys do it when you guys come in don't you guys do it's a really big deal for we you should have done didn't they do one when they when you came in is that all you want as a covid test yeah all right I'll take you somewhere for a coest let's go the officer's disrespectful approach to M trap captured on camera is concerning he ordered her to leave the hospital without understanding her situation or reasons for being there resorting to threats instead of empathy this Behavior contradicts the Lexington Police Department's mission of professionalism and community service Miss trap requested a covid test before leaving which the officer doubted however it was later confirmed by the Catholic Action Center Director that this was indeed protocol Miss trap's request was is not only valid but necessary for her to return to shelter safely this incident highlights the need for law enforcement to show empathy and respect especially towards vulnerable individuals it underscores the importance of adhering to protocols and understanding the needs of the community they serve can get proof huh yeah proof proof for what negative you get it at good way down there Sam does it instantly Good Sam does it as soon as you walk in we don't do it instantly here yeah am I high have you we don't do it instant here yeah no we don't only way we do is if you're admitted into the hospital and you're not being admitted so no it's not instant all right come on you need go UK or good sound they'll do it let's go it's on need H you're not going to get it here we've been over this they're out you need to go you're discharged now you have to go dip in your pocket so you don't leave your stuff lose your stuff how about that come on be careful I like to see my blood work right there they got all your Pap okay good no don't sit back down let's go back up oh can you don't have a can you didn't bring your cane with you I did they say he didn't I trust him Linda had her King taken away at Maine when she hit a nurse with it oh oh H hit a nurse with it you better hit me in I mean you to hit me in tonight me and Kate could send you to jail if we wanted to cuz you tried to hit us so I will leave your with your hand so I would leave while you're ahead cuz we can press charges on you and that's felony so you take your choice press charges on you all to well you do that and then I'll do mine my go have it just he's going to lead the way come on follow him a cane we'll get you a cane some other time okay you're good follow him come on you're right liars theves and liar that'll be the nicest thing I he here put your jacket on it's cold out there hold your paper I'll hold your paper how about that let's walk I had my cake let's walk you heard that she had her cake she said you didn't have one let's walk she just said I had my cake she said last time when you HIIT it at the other I didn't hear any all right all right well I'm not here for that I never hear anybody all right I trust you I've never hit anybody come on I'd like to yeah me too haven oh yeah I got got to restrain that all right let's go have not I can't walk downhills I can't let's go can't go back there though can't go back where come on we suck outside it ain't that cold T night you'll be all right H I'm not taking a jail so you need to go have to go outside yes you have to go outside and stay outside yes where do you live at you homeless I never met you before I'm not knew this out Town huh you just lied to me I didn't lie to you yeah you did the officer misled Miss Trap by promising to take her to another location for an immediate covid test which understandably left her tical despite her reservations she reluctantly agreed to follow the officer it's worth noting that the nurses attending to miss trap also seemed to misunderstand her situation assuming she was merely stalling to spend the night at the hospital this raises the question of why the hospital didn't proceed with administering the covid test regardless the situation escalated when the officer resorted to physical Force pulling Mist trp towards the hospital exit after deceiving her it's important to scrutinize whether such aggression was necessary especially considering M trap's compliance after being tricked Additionally the officer's continued dishonesty further complicates the situation no I didn't I'm not taking you to jail he did no come on no you're not no no you cannot you want to go to jail I didn't no come on I'm not try want to hurt you do you want to ride somewhere I'll I'll try to get you a ride huh I didn't say nothing about them you're at St Jo you're at St Joe I didn't say I was going to give you a ride there good come on stand up you're not you're not going to do this I'm not going no I didn't do [ __ ] yeah Sheed trespass yeah I didn't do [ __ ] c one them where she going to go I go on my own want to go all right let's go yeah I'll go all right we're not touching it go if I touch it again you're going a cuff and you're going to get hurt so I'm going put you on the ground Landa TR byebye I've never even arrested just see all the time on website no we didn't take her yeah cuz if she ends up falling or anything on property then we'll have to bring her yeah we need to ro after being deceived and denied service M trap was left with no choice but to leave the hospital facing the cold alone the situation could have been resolved if the officer had kept his promise and taken her for a covid test however the encounter takes a turn for the worse as the officer becomes disrespectful and sarcastic towards M trap making an inappropriate joke furthermore the Second Officer present initially laughs at the joke but abruptly stops upon realizing ing that their body cameras are recording this behavior only adds to the distress and indignity experienced by m trap highlighting the need for accountability and professionalism in law enforcement interactions to take have a can Linda brought a go find a tree branch or something go a tree branch there's some good trees over there downtown I brought a cane here no you didn't yes I did go you're a liar you're liar 320 fory no you're not going to hurt me go ahead and start at 1060 what no give us your hand oh my God [ __ ] you oh [ __ ] I just hurt my ankle what the [ __ ] you just do cuz I said at one of my C you broke my knee he broke my kneecap I give 20 War Gody told you to leave refuse to listen I got you double lock him yep that's what I'm trying to get you test key4 here you go I don't mess around Linda or whatever your name is next time you see me you better not act like this sit up I don't mess around you understand shouldn't resisted it didn't resist yeah you did was when you pull away from an officer when they say you're under arrest it's resisting was walking away so now you're getting charged with now you're getting charged with resisting arrest was walking W no you weren't yes I we told you to walk away you refused to walk away I did I did you lied shot him my kneecap and broke my jaw when M trap paused briefly to confront the officer's dishonesty she was met with aggressive retaliation the officer forcefully restrained her for a second time violently throwing her to the ground face first before placing her in handcuffs this incident clearly constitutes an excessive use of force violating the Lexington Police Department's policy which mandates officers to employ only objectively reasonable Force to control the situation while ensuring safety the Department's use of force policy emphasizes the importance of verbal deescalation and attempts to diffuse situations before resorting to physical Force instead of engaging in dialogue with mist trp to resolve the situation peacefully the officer officer opted for physical confrontation from the outset Additionally the Second Officer failed to intervene becoming complicit in the unjustifiable use of force according to the policy any officer witnessing another using excessive force beyond what is objectively reasonable must intervene to prevent or halt such actions in this case both officers violated this protocol further exacerbating the Injustice inflicted upon M trap no you just you must definitely did just do that if you broke your jaw you won't be able to talk out of it your jaw's not broken you just have a scratch on your face [Music] I'm that'll have to be checked out later I didn't do [ __ ] start clean them up clean I don't know if we start I walked out you go ask him Ry walked out willingly on camera I walked out willingly on [Music] camera you [ __ ] up she I walked out willingly on camera then you wouldn't leave on camera I walked out on camera put get night you have like an alcohol swab or wipe or something yeah bring her back into the the B door is here okay yeah broke my kneecap stand my right kneecap up I can't I don't want you to's go I can't I can't yeah you can walk come on no I cannot no I cannot come on no I can't no then stand up no I cannot Lind you just walked you just walked they just broke my kneecap I did not break your kneecap yeah they did on no we did not okay stand up they're bringing a wheelchair out for you H they didn't stand up H they did not come they did stand up there and sit on that stand up no they didn't come on I didn't do it I was lean back I was walking out you know I was you know I was you wer Linda yeah I was you said I'm not leaving on camera I did you know I did oh yall Just Roy let's go get you cleaned up real quick no it won't be real quick y'll [ __ ] up my right left me your right Lefty no it's already huh oh my God you're [ __ ] up we taking her to the B door yeah I didn't do anything I got it I was walking I was walking yeah no it's not no it's not fine it's most definitely not fine Ty of you he I'm not worried about that your F no it's not you check if you just want to work your way around I can't walk yeah you can you stood up as soon as boy Lord Jesus shut up sit back take a look here sit back x-ray it x-ray my knee x-ray my left knee ad I appreciate it yeah if not she'll or don't you can do that with your doctor in the office okay I I'm clear that from the body cam footage concludes but the aftermath of the incident reveals its severity M trap faced charges of trespassing and resisting arrest which were baseless despite her repeated complaints about her knee alleging it was shattered and impeding her ability to walk her concerns were dismissed in April 23 Miss trap filed a lawsuit against the Lexington Police Department uncovering disturbing details the arrest resulted in a broken leg requiring multiple surgeries leaving her with a staggering half million dollars in medical debt Attorney John Reynolds highlighted Miss trap's marginalization emphasizing the dismissive treatment she endured the Lexington Police Department refrained from commenting on the lawsuit due to pending litigation as of the present date the laws suit remains unresolved awaiting a settlement or verdict on October 22nd 2022 officer Flynn of the Palm Beach Gardens Police Department observed a speeding vehicle on patrol Duty just before midnight initiating lights and Sirens he pulled over the female driver the encounter captured on officer Flynn's body cam showed the driver to be clearly sober dispelling any suspicion of intoxication good evening ma'am I'm officer fling reason I pull you over is you were speeding yes I'm sorry do you have your do you have your license registration Insurance yes sorry a little hard do you still love on uh I sure do I'm sorry about that no problem where you coming from now uh Jupiter went to dinner with some friends that off okay do you have your insurance as well my insance all right let me check out your paperwork I'll be right back with [Applause] you have you had anything to drink tonight no I have one drink about 7:00 7:00 okay you have any uh control Stu subses cannabis anything like that I have uh no I actually not on I do have a license to no I mean have you have you taken any today oh no I only sleep okay if you would step out I'm do some ex make sure not on the influence we have you on your way home roll up maybe halfway so the dog doesn't jump out yeah might come after you all right ma'am come on back over here all right do you have any medical condition with your eyes besides wearing glasses no further into the encounter key points emerge firstly the driver promptly admitted to speeding and apologized justifying officer Flynn's ID request which she complied with secondly the routine question about alcohol consumption didn't appear targeted as no signs of intoxication were evident no alcohol odor slurred speech or impaired Behavior the driver exhibited none of the 15 clues of drunk driving as outlined by the national highway traffic safety administration lastly she disclosed a single drink consumed hours earlier minimizing any potential influence on her sobriety considering the time lapse are you able to walk a straight line yes can you bounce some on foot yes all right if you would come on over here for me stand right in front of me six bring your feet together hands your sides and actually put your glasses up on top of your head thank you all right you see this red light yes you're going to follow the red light with your eyes only and you're going to keep your head still do you understand yes keep your head still just as far as you can go without moving your head [Applause] [Applause] [Applause] here give your head all right give me one second glass back up yeah what officer Flynn just performed is one of the standardized field sobriety tests commonly known as sfsts these tests comprising the horizontal gaze nystagmus walk and turn and oneel leg stand Aid officers in determining driver impairment due to alcohol in the first test she showed no signs of nystagmus the involuntary eye movement often exaggerated in intoxicated individuals thus she passed this test all right man' if you would come to this side of the line it's up to you if you want to leave the um the heels on uh because it's going to involve walking heel to toe and question it just feels like almost feels like a setup but okay almost like a setup yeah I mean I'm not obvious okay yeah I'm just a little little nerve-wracking sorry one 2 3 four five 6 7 8 9 10 ready yep 1 2 3 4 5 all right for this next exercise this going to involve balancing on one foot so again I'll give you the opportunity if you want to remove your shoes or you can do them with your shoes on this is what you're going to end up doing but I'll explain it all to you okay so go ahead and bring your hands to your sides all right when I tell you to begin I want you to raise one foot either foot approximately 6 in off the ground it's about the height of a soda can while you're doing that you're going to keep both knees straight and you're going to point the toes of your raised foot out at me you're going to look down at your raised foot and you're going to count out loud 1,1 1002 13 and so on TI T to stop the whole time your hands are going to be at your sides it's a 30 second exercise I'll tell you when the 30 seconds are up if you place your foot down during the 30 seconds just pick it back up and continue where you left off so it's going to go just like this watch me I'll demonstrate for you 1001 1002 1003 you got it so you see how both knees are straight my toes are pointed out my hands are at my sides and I'm looking down at my foot that's all you got to do for 30 seconds just so you know I have a I can't then I can't straighten this left I can't straighten my knees fully but I will do both of them or just the left side both of them I can show you even if you want me to I have KNE surgeries like really bad okay we'll do we'll do a different exercise then no no no we'll we'll do a different one I don't want to put any stress on your knees okay do you know your left from your right yeah show me your left hand show me your right hand all right go and point your fingers like this with your thumbs in not on the uh on the top yeah there you go now just bring them down to your sides with your palms out no Palms out yep just like that now hold that position I'm going to explain it and then I'm going to demonstrate it for you okay so when I tell you to begin you're going to you're going to tilt your head back and you're going to close your eyes okay and I'm going to give you a series of commands of left and right when I say left you're going to extend your left hand out touch tip of your finger to the tip of your nose and bring it back down same thing with right extend touch tip to tip bring it back down it's important that you keep your head tilted and your eyes closed and as soon as you touch your nose you bring your hand back down to your sides okay these are the tips of your fingers and this is the tip of your nose do you have any questions I don't think all right go and begin okay so tilt back yep and close your eyes left way and wind drive9 left know direction to shot right left all right for this next exercise you can relax is going to be the estimation of 30 seconds okay so can you count to 30 I have to ask all right so when I tell you to begin you're going to stay standing just like you are when I tell you to begin you're going to tilt your head back and you're going to close your eyes and you're going to imagine 30 seconds going by silently however you want to count once you believe 30 seconds are up just open your eyes and say stop it's all you got to do so just like this eyes closed imagine silly 30 seconds 30 seconds are up stop and that's it do you have any questions all right G look up close your eyes and begin [Applause] [Applause] all right that was about 41 seconds all right for this final exercise do you know your alphabet A through Z not backwards Just A through Z yes okay so again you're going to stay standing just like you are when I tell you to begin you're going to tilt your head back and you're going to close your eyes and you're going to recite the alphabet for me A through Z slowly and non- rhythmically that means no singing and don't skip any letters so it'll be just like this except your eyes are going to be closed just be a b c d e all the way through Z remember don't skip any letters and don't sing okay do you have any questions about that all right goe and look up close your eyes and begin a b a g e f g h i j k l m n o p q r s t y z all right man this time you are being placed under arrest for DUI driving under the influence of alcohol chemical or controlled substance despite effectively passing all sobriety tests the driver driver was unexpectedly arrested by Officer Flynn for driving under the influence of alcohol or a controlled substance this action was deemed unreasonable and revealed officer Flynn's abuse of authority and two other officers did not intervene it is very important to note that there are laws in various States and municipalities that require officers to intervene if they witness inappropriate behavior by a colleague therefore all three officers are equally responsible for this wrongful arrest fantastic we're driving Under the Influence man those exercis we look for indicators of impairment and I observe multiple indicators oh my goodness this on video tape I do ma' we have two cameras as well as a dash camera so you have anybody that can pick up your dog or where do you live do you live in gardens did you call 15 that was possibly like I was under the emper it's not one thing ma'am it's called totality the circumstance I mean so um what are we what are we doing about the dog yeah what said she has somebody in gardens might you mean did to go back to Bluetooth you there did you hear any of what I said no okay so L getting we're trying to get you to come over here and get her dog if not we'll have to take it to our station and get Animal Care control to come get it and I'm not DUI man please please just take a seat in here we're trying to help you out right now and you're interrupting so please take a seat in the back seat I feel I feel viol would you be able to come get the dog I'm me I'm in handcuffs for please go and take a seat cuz I had a couple cocktails okay yeah no we don't want you to do that we don't want him doing the same thing all right thank you anyway uh-huh U yeah they can Uber over the dog has to go to animal Uber for the dog no you can get a uber to come over here go and take a seat man that's what I'm saying yeah yeah he can yeah you can get a uber yeah just don't drive yes yes we're right here A1A I would say um just bring a 1019 you pick it up from there okay yeah do you know where our station is I do not okay let me give you the address okay let me know when you're ready police station yeah you can come to the police station I'll meet you over there with the dog okay about yes she's going to go down to the jail and she'll be out in 8 hours so right around 8:00 so about 8 wait a second hold on that's standard for DUI man I'm not DUI though when we get down there you'll have the opportunity to provide a breath sample and still be held 8 hours what like I said she like I said she's going down to the jail she'll be out in 8 hours so no I'm attorney's not going to be able to do anything for you right now so but I'm not under the influence give me a BL give me a test or something that's where we're going next that's where we're going right after we sort this out in her car right now I'm willing to take it in my car and meet you at the station to and turn it over to you if you would ma'am go and spit your gum out out here right you want me go spit it out you can't need it's not going to get her out of jail I need to push my glasses up on my face yeah I'm not under exactly we're not we're not de is he coming to get the dog for the dog okay yeah where's my car going to go I'm me give you information on that it's going to C what happens if when when I go and may you find out I'm not under the influence we'll discuss that further there's a whole process that we have man okay I'll me to that thank you you pulled me over for speeding right correct and then I told you that I had one drink at 7:00 well people tell me they have nothing to drink and then they'll blow double the legal limit okay so what what you tell me doesn't have anything to do with anything understand like why I am being targeted here in this you're not being targeted okay you were pulled over I observed indicators of because I sped all right go ahead and move your feet inside man we're not going to debate this backa to be a jerk honestly no but we're not going to debate it this isn't the venue to do it we're on the side of the road you already the driver Miss Leslie was transported to the Palm Beach County Jail where she spent a total of 9 hours for a crime she did not commit after a blood draw and breath test Miss Leslie was released without any arrest or charges as of the date of this recording there are no pending cases under her name on March 1st 2019 naropa University student Zed Atkinson was collecting trash outside his dormatory as part of his work study program during this time he was approached by Officer John Smiley from the Boulder Police Department in Boulder Colorado I couldn't help I noticed you just sitting on the patio out there what's that I couldn't help but notice you're sitting on the patio behind this building yeah yeah I just and there's signs for no trespassing private property that kind of thing yeah I wasn't sure what you're doing if you lived here or you worked here it looks like you're working doing something picking stuff work here okay gotcha what's the actual address then3 rapo okay what unit are you it I don't think I have to actually tell you that well I'm just checking to make sure that you have a right to beard that's all I just told you I lived here okay and I told you that I'm working as well shouldn't that be enough for you well I I got to verify it just so I know that that you do in fact live here kiding me what do you what do you need for me if you have an ID with your address dress on it that'd be great [ __ ] unbelievable man well we've had some stuff going on in this area I'm just doing my job just making sure you belong here and if you do then great and I'll be on my way y okay is z do you have anything with your address on it yo look man here follow why don't you why don't you follow me and I'll just the building dude just chill out man dude this is ridiculous I'm just asking you if you have something with your address on it then that that would help me no I don't how am I supposed to have something with my address on well a lot of people have a driver's Li car they just carry something with their address on it yeah an ID ridiculous officer Smiley did not provide Mr Atkinson with sufficient explanation up to this point the independent review concluded that officer Smiley's Reasonable Suspicion was based primarily on two factors Mr Atkinson did not have identification with his address on it and when asked for his address Mr Atkinson turned and looked at the address in front of the dormatory instead of giving it verbally the report further stated that Mr Atkinson did not read the address aloud but gestured to it and that even if he had read it this would not have constituted Reasonable Suspicion given the general circumstances so Mr s can I get your date of birth please why I just need to verify who we are that you belong here that you have a right to be here okay are you kidding me man can you have a seat please no no Mr ainson no no I'm not I'm not 290 C 12 can you please have a seat put that down stop Mr ainson right now you're obstructing a police officer which is a jailable offense I'm asking you one more time to sit down I'm not doing anything wrong and you're not going to arrest me you're not going to do anything cuz I live here and I didn't do anything wrong last chance sir for what have a seat for what arrest right now I'm detaining you and investigating you for a trespass you're going I live here sit down despite his suspicion officer Smiley repeatedly asked Mr Atkinson for his date of birth during their interaction however even if his suspicion was valid he was not entitled to this information although Colorado is a stop and identify State the Colorado revised statutes only authorize officers to request a suspect's name address and a description of their actions not their date of birth the statute also states that Suspects should only produce identification if they have it readily available according to the statute Mr Atkinson's refusal to provide his date of birth did not constitute obstruction of an officer it is also important to consider the stress factor that officer Smiley's complete misunderstanding of the situation caused Mr Atkinson sit [Applause] down 290 [Applause] are you're fck have a seat please you're Tas me outside of my res I hope drop that put that down Hope the's on Sir put that down no I'm you need to listen to what I'm telling you to do right now I'm not doing anything I'm not doing anything we're on the east side of 23 33 fome subject's failing to comply not sitting down and he has some kind of a blunt object in his hand I'm just going to follow until my cover gets here at this point officer Smiley described the trash Grabber in Mr Atkinson's hand as a blunt object during his call it is curious why such an explanation was made especially in spite of Mr Atkinson's non-threatening actions according to the dictionary a blunt object is any solid object used as a weapon that injures its Target by the direct application of mechanical force and that does not have a piercing tip or Edge or is used in such a way that the tip or Edge is not the part of the weapon that causes the injury we can say that the trash Grabber is not included as a threatening element in this context have a seat not sitting sit down not sitting anywhere sit down now now do it now why why I'm detaining you to investigate investigate a trespass I live here you haven't confirmed that sit down I'm a student sit down and I'll confirm itting anywhere sit down now sit down I'm not sitting down then you're probably going to get tased in a second cuz you have a weapon put that down I have a weapon put it down and comply with my orders that's not what you're doing officer better think cuz I got [ __ ] dude I could get lawyers and you have a camera on you it's filming right now an idiot have a seat would you think that you could tase me I'm freaking picking up trash on my property I need to confirm it which is where I live there's a sign I'm not doing anything illegal and you're not going to [ __ ] tase me offic sir so how do you think about that sit down how do you feel about that sir sit down how do you feel about that sir and get your freaking Lieutenant here all right they're on the way yeah good jackass sit down now I'm giving you another order to sit down I'm not doing anything filing you know all right and you're filing so you know I didn't do anything wrong so you can't 290 we're now behind 2333 fome subject is still failing to comply get sit down sir no I'm not sitting anywhere you're not in control here this is my property I live here not you sit down so I can continue my investigation because you just you just to tase me sit down feel point the camera here you have a dangerous object in your hand and you're failing to put it down object I'm picking up trash put it down going you're being detained your hand is on your weapon and you're going to shoot me that's what you're going to do officer 290 we're still behind 23 3ty picking up trash that's what you're going to do officer sit down sir why don't you use your brain I asked you several times use your intelligence are you going to kill me several times I've asked you on your weapon I threat I feel because you're not putting that down yes it is I have a I'm picking up trash put it down I told you many times to put it down and you're holding a gun put it down and you're holding a gun sir put it down and you're holding a gun how do you feel put it down sir how do you feel officer how do you feel you're holding your gun how do you feel sit down on the ground like I've told you many times before you're going to shoot me or you're going to shoot me officer if you use that weapon against me a weapon then yes that is all you have to do is comply right now offic you're going too just have a seat man are all I want to do is figure this out Witham on this guy sit down sit down somebody yo hey right somebody at 2333 get a camera on this on this officer he has a gun in his hand and he's going to shoot me and he's going to shoot me you got a camera exactly that's my boy Zeno right there this is you're on my property with a gun in your hand you shoot me because I'm picking up trash I hope that Cam's on [ __ ] camera where's your Lieutenant just sit down where's your Lieutenant he has a [ __ ] camera on you you're going to go to jail sit down dude you're not going to get away with murder you're not not today 290 it's going to be you're not going to get away with murder sit down I'm not I'm not I'm not sitting down look I don't want this to go any further but you need to comply with my I don't have a weapon that's a weapon this is a bucket no that's a weapon right there this is a clamper for picking up garbage sir put it down I'm telling you I'm threatened by it it's a weapon you're not threatened I'm threatened you have a [ __ ] gun that kills people how am I supposed to kill someone with sit down sir dude no keep that he's got gun in his I'm going to [ __ ] out of you dude I go to university here sit down you're refusing to comply with my orders I'm not sitting down I'm not sitting down can't make me officer he's got a gun sit down a gun he's got a gun have a seat he's got a gun G the first officer on the scene immediately drew his taser nine officers arrived within 10 minutes but not all of them stayed until the end eight officers including officer Smiley surrounded Mr Atkinson on three sides the independent report noted that multiple officers responded to the incident after officer Smiley reported to dispatch that the citizen was still not complying and had a blunt object in his hand what do you mean this is my9 still giving verbal commands trying to get him to comply sit down and drop that object I don't have to do sit down and drop it I'm on duty doing my work in my job drop the object are you serious just relax look at them no I'm not doing anything have a seat drop it drop it drop it why do you all four of them look all the police are telling you to do something do it you have a gun in your head yes I do cuz you're not listening you have a [ __ ] gun your you have a weapon drop the weapon drop it I don't have a weapon drop it now focus on me what are you focus on me what do you me Focus six of just Rel just drop it this is my property we're not going anywhere you need to drop it we I haven't confirmed that yet I told you I'm investigating a trespass [ __ ] live here you didn't give me your address 2333 I live in room 304 that's the first time seat you are [ __ ] threatening me on my property I live here I a resent the first thing you need to do is drop that it I'm picking up garbage for my [ __ ] dorm I go to school here drop it just drop it and sit just talk don't [ __ ] tell me what to do you guys don't have a goddamn [ __ ] right to be doing this to me sit down I'm a citizen of this country I [ __ ] pay my taxes I am a student and all of you have weapons drawn and I feel threatened sit down sit down and drop that object I will not sit down I refuse to sit down until you guys put your [ __ ] weapons away watch this watch put your God damn weapons away right there can we talk put your [ __ ] gun away have a seat put your [ __ ] gun away have a seat put your gun away and I will talk then I'm not [ __ ] doing a goddamn thing you came onto my property with your weapons drawn threatening me at the place that I [ __ ] sleep how do you feel about that back up how do you feel about that back up and sit down please [ __ ] tell me what to do are you going to shoot me one's going to or you're going to tase me me and beat the [ __ ] out of me like every other [ __ ] don't tell me what to do get off my property get off my property asking your name get off my property I'm officer par great you want to tell me your name why should I have CU then we can have an adult conversation adult conversation now you want to have an adult conversation after your [ __ ] Deputy pulled his gun on me I do want to talk to really you got it all on camera yep I do want to talk to you so how do you feel about that sir well why don't you tell me your name and then we'll have a just talk to my partner don't think that that is okay with me I don't feel like having how many strangers one two three four five six seven eight eight officers of the law with guns drawn with guns drawn on my property I'm picking up trash for my job he will refuse to put his weapon away he refuses to put his weapon away which is the first thing I asked for you want my name I'm off and you have weapons drawn you guys look like you're ready to go you're ready to go right just talk to him I'm not why I got to talk to him cuz you can't handle well you you don't seem to want to talk to me Fu up dude you called you called the whole Calvary you're not listening for what you're not listening any closer for what weapons dra put your [ __ ] you need put that down I'm not putting my gun away shoot me there's [ __ ] cameras everywhere dude are you going to shoot me my plan is not to shoot you you you said this is a weapon it can be used as a weapon you feel like this is threatening yeah can you put it away can you just drop it on the ground I'll put my gun down on my proper set if you put that down I'll put my gun away why I told you why cuz it's it can be used as a weapon used as a weapon right ja there you go that's all I need put your [ __ ] gun away yep you got it okay could you have a seat over here now we can talk I'm not sitting you can sit hey Z what okay these these nice people here told me that you are a resent oh wow what a [ __ ] surprise we were trying to find out okay what a [ __ ] surprise I gave him my ID okay and then he Ted and he started taking down my [ __ ] information telling me this that and the other thing and then I walk away and he pulls his [ __ ] taser out so Zade I'm listening to you and I just app so Zade if you were willing to sit down this would bring everything down a little bit start I do not feel comfort sitting down around a bunch of [ __ ] murderers okay so this guy was ready to kill me sir okay so Z again I'm off oh you're just going to ignore what I just said though no I'm just trying to communicate okay as Ault right okay so I think you can hear the fact that I'm just trying to be professional with you here and get some communication going so where we can get this resolved because believeable I now found out who you are I found out you're a resident here I gave him my ID he knew who I was said my ainson I gave him my ID he asked me what the address was I said 2333 I said let me walk up to the door and beat myself into the building and he refused to let me walk to my house how is that okay how is that okay I'm understanding you're upset what do you mean you're understanding I'm upset he came out with a shotgun of course I'm upset he pulled out his [ __ ] his weapon and said that I'm a trying to get him to compl property I'm a threat because I'm picking up garbage take a step back so that I can feel why don't you get off my property why don't you get off my property what I'm trying to resolve why don't you get off my property and stop telling me what to do at my [ __ ] house how about that if you were willing to sit down we could talk I'm not sitting down why don't you go home officer and why don't you guys go find some real criminals instead of wasting my goddamn time about that I [ __ ] live here I [ __ ] you think this is a joke I [ __ ] live here you were ready to shoot me down and you didn't know a goddamn thing you're wasting all our [ __ ] resources I didn't even point my gun you're wasting all our resources there's people out there actually committing crimes can I feel you feel you're ready to jump out of your skin cuz you know you [ __ ] made a dumb mistake today can I tell you something no I don't want to hear it I want you to get off why don't you talk to my partner I don't want to talk to any of you right now I need you to sit down we can figure my property and stop wasting my [ __ ] time that's not going to happen until I conf confir who you are and what you're doing you already know who I am he just confirmed who I am I don't have your date of birth which is what I asked for I want my ID back please and when we finished then you can have it back then you can go can you have a seat so we can talk a little more and I don't think that I have to sit I don't I'm not sitting this isn't this isn't like a game right now you're are going to negotiate what we do here cuz I have my [ __ ] rights and you guys came onto my property right with suspicion of [ __ ] [ __ ] accusations right I don't know what the [ __ ] you guys are even here for you haven't even told me what your purpose is you didn't give me a chance you haven't told me what your [ __ ] purpose is Sir I'd be happy too if you can just have a seat to know anymore I want what I want right now is I want my identification I'm not [ __ ] sitting down Well here here's what we can do that sir I'm not [ __ ] sitting down here's what we can do we can stand here all day all right and you can waste our resources when there's people out there committing crimes right right criminals right get your name your date of birth you have all my find out I don't have your date of birth there's why do you need my information you coming on to my property asking me for my information this is where I [ __ ] live I don't need to give you [ __ ] a court case involving a vehicle stop ruled that an officer can only detain someone to address the initial reason for the Stop in that case an officer stopped a car to check its tag once he confirmed the tag was valid he continued questioning the driver and charged him with a different offense the court dismissed the charge stating the officer had no right to keep detaining the driver after resolving the original issue similarly once officer Smiley learned that Mr Atkinson lived in the building and wasn't trespassing he no longer had any reason or legal basis to continue detaining him I didn't do [ __ ] I [ __ ] live here do we just want to stand here though I live here go get the [ __ ] go go get everybody call everybody that's not how it works call everybody then we'll have a stand off dude dude are you [ __ ] kidding me this is stupid I live here you came on my property and you [ __ ] took my identification dude I live here not you you need to tell me who the [ __ ] you are so I saw him sitting here yeah you need to tell me the private property sign maybe he wasn't really doing anything he's kind of Milling about then come back down Sit Mill him about come back down and sit and then when I came into the alley he he stood up and I saw that he had that metal thing looked like he was kind of banging it like against against the so I wasn't sure if he's like trying to damage something or and then and then I addressed him and then he proceeded to to walk around here and I saw it was like a device for picking up trash and he was picking up trash so I contact him and just asked him hey can I let me chat with you I'm just checking to make sure that that you have a right to be here and and then he talks to me gives uh I ask him why he's here and he says he lives here and works here and ask him for the address and he turns and reads it off of the building okay um and he won't tell me his apartment number he gives me a like some kind of school ID but it doesn't have a date of birth so I ask him for his date of birth you it no at that point he refuses and he starts walking away picks up the the that metal object and the bucket walks away from me I just follow him at a distance until cover gets here okay so we we confirmed that he lives here right no well he just did Parker just did he confirmed that he lives here according according to him he lives here he just provided a unit number finally I don't have a date of birth I don't know who he is um okay all right so that's uh you got his uh information in terms of his name and all that I just have his name okay then uh give him his ID back and we're out here yeah cuz we already confirmed he's there and this gentleman here just said yeah he works here and lives he lives here so okay yeah yeah I think just after being told to return Mr Atkinson's ID and leave officer Smiley shut off his body camera's audio to talk with his Superior the sergeant realized no crime had occurred and directed them to leave to calm the situation officer Smiley then returned the idea and they left without making an arrest this could have got me killed today apparently myet why don't you guys real work real police work huh after that Mr Atkinson sued the city and the police department over the incident and was awarded $125,000