On October 6th, a complex legal dispute regarding animal welfare and property rights unfolded at the Discovery Inn in Midville, Utah. Mr. Black, a guest at the hotel, had secured his American bulldog inside his locked vehicle on a cool 55° evening. However, responding officers from the Unified Police Department arrived to find a chaotic scene. Two concerned citizens had already shattered the vehicle's windshield to extract the dog, acting on the belief that the animal was in distress. What began as a welfare check quickly devolved into a contentious investigation that prioritized compliance over constitutional nuance. >> Okay. Who did the damage to the car? >> I did. >> Okay. >> Because I was trying to get him out. >> You can't do that. >> Okay. >> Okay. You call the police and you wait. >> And we were just >> Okay. And you wait for the police. So you don't bury people's do you understand? Yeah. Okay. >> What? >> You're here for the dog? >> Yeah. >> What's What's the issue? It's my dog. >> Is it your dog? >> Yeah. >> No way. I haven't been here 3 to 4 hours. >> Okay, you guys. >> My dog. I've not been here 3 to four hours. I've been here 45 hours. >> We've been here in hours. >> And it's it's night time. >> They said he >> There's no windows down in here. >> He's not been here. I've not been here for 3 to four hours. I got here like maybe 45 minutes to an hour ago. >> Okay, we'll figure it out. >> Just stand over by that car. >> Is that your >> That's my dog. >> It's night time. It's not getting hot. >> Dude, it's night time. >> What are you talking about? >> Sir, come over. Talk to me just >> I haven't been here 3 4 hours. He was saying that. >> Sir, >> just go talk to that officer. You don't need to justify anything with her. She's not the police. >> Yeah, you do. I told you to do something, so do it. >> Do what I told you to do. has to be. >> I haven't broken the law. >> You're the law from school. >> What is your first name? Where do you live? >> I'm homeless. I just >> What's your phone number? >> Hey, Todd. >> Hey, Gray. She uh >> stay here. >> Uh she caused that damage to his car. >> Okay, she did. >> Yes. What the hell? >> Okay. >> What does he do? >> Don't yell at me, >> dude. What is your name? Okay, if you don't calm down and be quiet for a second, let us explain something to you. >> Don't talk to me that way. >> I'm not going to tell you again or I'm going to put you in handcuffs cuz you're causing a disturbance. It doesn't need to be caused. >> Okay. >> Do you want to see my document? >> Hold on. >> Don't yell. Okay. >> Don't talk to me. >> Do you have your identification on you? >> No, I'm not going to do that. I broke the law. >> Turn around and put your hand behind. I >> haven't broken the law. >> Turn around. Put your hand behind you. You are now. >> You have now. >> For what? failing to comply with a police officer. >> What you >> you are paying that's not a law. >> Okay. >> That's not a law. Pain in the butt. >> It is a lawyer. What? >> Okay. Marl, play your game. >> No. Look. >> Nope. I'm What are you talking about? I know the law. >> You want to act like a Well, you don't know the law, so shut up. >> Come fly with a police officer. >> I haven't broken the law. I wasn't >> You're causing a disturbance that doesn't need to be caused. It's called disorderly conduct. Okay. >> Come on. >> Have you heard of that law? Are you serious? >> The law serious. >> Okay. >> Do you I haven't done anything. >> Okay. Other than not just shut up and let us talk to you for a second. >> Consent to search is seizures. >> You know, you're under arrest. You don't need to be consent to searched >> for what? >> You got a pipe on you. >> You guys. >> Are you serious? >> Yeah. I'm serious. >> This is ridiculous, >> dude. >> You got some gloves. He's got a pipe on. This could have been super simple for you, >> dude. Listen to yourself. But you want listen to yourselves. >> No, you listen to yourself. >> Break the law. Listen to your guy. >> Listen. You talking about yourself? Come on, bro. You want to shut up long enough for us to tell you what's going on? >> We're not going to talk to you anymore. Okay. >> Whatever. That's ridiculous. >> Thanks. >> Thanks. I appreciate it. >> You want Do you want to be quiet long enough for us to talk to you? Dude, I can say whatever I want. Okay, cool. >> Nice. >> It's illegal to handle it. I didn't break the law. >> Guess what? It's illegal to have drugs, too. >> Well, it's illegal. >> I don't It's not Nazi Germany. I didn't break the law. Okay. Tell it to the judge. >> I will. I wish. Okay. >> No, if it's a if it's a justice system, it's not >> Okay. Thank you. Thank you. >> The discovery of contraband in Mr. Black's pocket following his arrest brings the legal doctrine known as the exclusionary rule into sharp focus. This principle established by the Supreme Court in cases like Wong Sunv. United States dictates that evidence obtained directly from an unconstitutional police action is fruit of the poisonous tree and thus inadmissible. In simple terms, if the foundation of an arrest is unlawful, for instance, arresting a man for refusing to identify himself when he wasn't legally detained, then anything found during the subsequent search effectively does not exist in the eyes of the law. Therefore, even if officers find illicit substances, those findings are typically suppressed if the initial handcuffing violated the Fourth Amendment. >> Anything else? Are you helping sleep tonight? Like, are you happy with yourself? >> No, I'm not. I'm actually pretty busy. >> This is what you're doing with your time. That's unbelievable. >> I appreciate it. >> Thank you so much. >> You want to get another bag off my seat? >> Yeah. You just want to take everything out. It really helps. You want you want to take a picture. >> Hi. Hey. You just literally touched a like what the was that you guys body cams on. >> Beautiful. Yes. Oh my god. When did you turn it on? When did you turn it on? >> Hi. When did you turn on? >> Doesn't matter. >> Thank you so much for being I appreciate it. Let's go put you in the process. Is your body came wet? >> Thank you so much. >> Savior saved my dog. >> Have a seat. >> Thanks again. >> Sit down. >> Appreciate it. It's a >> protection. Now we'll call for the dog. Anyhow, animal control to respond and take custody of the dog going to jail. >> Well, I'm going to have to charge her with property damage, too. Huh? >> Herd with that? >> She was actually She has no criminal intent. >> No, >> she was just trying to rescue a dog. >> Yeah, >> that really didn't need to be rescued. But what do you do? >> A significant point of contention arose when officer Mustapik declined to charge the woman who smashed the windshield, reasoning that she lacked criminal intent because she was trying to save a dog. This reflects a common misunderstanding of state criminal mischief laws. Generally, the legal definition of intent in property damage cases refers to the valition to do the act, meaning the person meant to swing the object and break the glass rather than a malicious desire to harm the owner. Utah's penal code does not usually require an offender to be mean-spirited for a crime to occur. It only requires that they intentionally damaged property that wasn't theirs. By confusing motive, saving the dog with intent, breaking the window, the officers effectively decriminalized the destruction of private property based on their personal moral assessment of the situation. >> Uh, let me Did you get his information? >> He I think he had a wallet right here. >> Yeah. Well, I mean, you had just pulled like right before you pulled up, you walked out of those doors and it was like super confrontational already. >> Yeah, I can't. >> And I I kind of her too cuz I'm like, you can't just brief people. You call the cops and you wait. Like, I'm sorry, but >> you know, there's 105 degrees outside. That's one thing, but >> yeah. I can't hear you. >> No, it's not. You're going to jail. >> Okay. Well, that's up to a judge to decide. >> Okay. Thanks. >> Extremely. It really is. I'm not saying tight. You mind? >> I will double check them. >> Thank you. I appreciate it. legal. >> Okay, cool. That's up to adjust to decide. >> Lean forward. >> You know, this is why like people hate >> I'm fixing your cuffs. I don't want to talk to you. Do you understand me? >> Aren't you supposed to encourage me to talk? >> No, I don't care if you want to talk or not. Now that you have them cuffed. >> Ow. Oh god. Come on now. Really? You see how tight they are? >> They're not tight. They scooted up. >> What? They're not tight. >> Just look that way. >> Please. Please loosen them. >> Why are you treating them like this? >> Feeling real. >> Yeah. I mean, >> but you wanted to run your mouth. >> It's my first amendment rights. I'll say whatever I want. >> Well, there's a line. >> I swore an oath to protect my rights and this is why I'm doing cuz I cuz my >> that way if you want your custody. >> I didn't even disrespect you guys personally. I didn't say anything to you guys. I can't I can't >> Have you defend the fact that I was here for an hour and I was like watching? >> Well, you can, but not in that way when you're causing a scene and everyone's out here watching. >> They were here before I came here, >> dude. Dude, just be quiet and >> don't tell me to be I'll say whatever I want. Okay, you go ahead. >> It's my first amendment, right? You swear an oath to protect that. >> If you want, twist your arm this way. Your wrist >> because it will swear to protect my right to speak. >> Okay. Two fingers can fit in here. [clears throat] >> No, only this one. The left one. >> Okay, I'm going to fix it. >> No, this right one. This Thank you. The right one's so much better. I appreciate it. You know, the best thing I said tonight is I don't consent to search and seizures. I'm so glad he had his camera on. Oh my god. I did not live. No, I don't have to follow your directives. Did you know that? Until once I'm detained, arrested, obviously, I'm I'm under your your hold of your tearing. But if I don't broke the law, I don't have to listen to you. Well, >> cool. Come on now. Be more respectful than that. Why are you acting? >> You weren't being very dis uh very respectful. >> How was I not being respectful? >> How was I not being respectful? >> Okay, your handcuffs. >> Because I didn't I didn't bow to you. >> Turn. So, what did she say that was the reason why she thought he was the dog was in terrible? >> Well, so I didn't talk to her very much because as soon as I got here, she was here and then he walked up and started confronting her or whatever. And so, uh, but basically what they were saying is that the dog was in there for I can't remember how long, but it was definitely over an hour. and that um she she's the one that broke it. And I said, "Okay, you can't just break or damage people's property. You need to call the cops or whatever." She's like, "Well, I did and you guys I guess we were taking too long." So, she did that. And at that time, he like walked over and was like, "What's the issue with the dog? It's my dog. Like, what what is the issue?" And I was like, "Okay, dude. Like, back up." And he's like, "No, it's my dog." And then he went over to like or no you came but he when he went over to the car I was like well that window's damaged. He said you broke my window. Like uh I didn't really get a chance to talk to her but >> Okay. So tell me what happened. >> You need to fill out the top as well. Your name, your birthday. >> Okay. What I was do what I was doing. I was walking my dog. I have three dogs. >> Okay. >> I was walking my dog. These ladies approached me and said there were dog a dog stuck in the car >> with the windows up and the doors were locked. So, we kept looking around to see if we can try to get the dog out because he was like literally panting like drooling. He looked like he was about to pass out and he was in the car for 3 to four hours. >> How did you know that? That's what they said. >> So, you said the dog was drooling, panting, and cuz it's hot in the car. >> It's not out, >> right? We'll go over that in just a second. But you said that the dog was drooling, panting, and >> and he was just looked like he was half dead because he was drooling so bad. And I took and there was a little crack in the window. So, I took out my dog to try to get that dog out. To me, it looked like it's hot in the car. But like I said, it just >> What made you think it was hot in the car? >> Because the windows were all up the way he was drooling. >> Who else was Who else called? >> Me. I called. >> You did? Okay. Can I just talk to you for a second? >> I just pulled up and I saw the dog in there. And I was like, >> "What time did you pull up?" >> I'm trying to think. What time? >> It was like, "Sorry, I'm with her." >> That's okay. >> It was like about 10:30, 11:00. And like I >> was that window already. >> Yeah. Like I said, when we got here, he was in the very back of the SUV >> and I looked through the window and he >> his jaw was clear down here and his eyes were just like big >> and he just looked like he wanted us to pass out. At >> first I asked, "Do you guys know whose dog or who owns that Jeep so we can go tell him that his dog's hot, you know, but nobody knew who it was?" That the girls that go like >> she go anyway. She said that that Jeep's been here for two hours. >> Yeah. >> Okay. So, what did you did you believe that the dog was >> I believed that the dog was going to die. I did. I really thought so because of the way he was drooling. Yeah. >> And his eyes were like I've never seen a dog's eyes look like that. Like >> his eyes were like big and they looked like they about ready to roll back to in the back of his head. >> But he was clear in the back like not moving from that area. So I don't know if he trains him to he probably trains him to stay back there. You know what I mean? >> Every time I would move the dog would go like this. Watch me go. >> Okay. And what's your name? All right. So we're going to take care of the dog. Do you guys need anything else from us? No. >> All right. Well, thank you. I appreciate it. >> Yep. Thanks. >> You need to uh go book this stuff. >> Uh yeah, if you don't mind. I uh I counted the money. I don't know if I counted right, but I counted about 8:20. >> Yeah. Not not easy. >> No. >> Yeah. If you want to throw that in there for me and I'll >> Yeah. >> Uh is mom 20 minutes? >> Yeah. Yeah. He said, "I had done nothing wrong." I said, "You I haven't been here for hours." I said, "You're absolutely right. You have done nothing wrong, but you just won't shut up long enough for us to deescalate the situation and get you over here and tell you why we're here and tell you what's happened and then you can go take your dog and go in and we'll tell these people they're going to have to pay for a window." >> Yeah. >> He won't. He said, "All you want to do is argue, but you can't you can't tell me where to stand." >> Okay. I'm like, "What should we do with this?" >> Uh, well, we can leave it with the car. Uh, and as far as the window, I didn't charge her. >> I wouldn't I would just document that. >> I mean, all three of them said >> he can civilally sue them, but there's no criminal intent. >> Yeah. She said I mean, all three of them said they thought the dog was going to die because of his drool down >> because I don't know. I'm not a dog person, so I don't know. But >> it's obviously cold outside. I I I would It wouldn't It would have been a nothing. This would have been a total >> Yeah. Yeah. Yeah. for sure. >> So, >> okay. If you want, I'll wait for him and then uh >> and for him just do the disorderly and >> I would do uh PLCA posed per uh failure to comply for lawful command. >> The charges leveled against Mr. lack specifically disorderly conduct and failure to disclose identity highlight the distinct legal threshold required for a citizen to be obligated to identify themselves under the precedent set by the Supreme Court in Hibel v6th Judicial District Court of Nevada. Stop and identify statutes are not a blank check for officers to demand papers from anyone they encounter. These laws typically only activate when an officer has reasonable suspicion that the individual is committing or has committed a crime. In this scenario, Mr. Black was the victim of property damage, not a suspect in a verified crime. Since arguing with officers or being upset about a broken windshield does not constitute disorderly conduct under most state interpretations, the demand for his ID was likely unlawful, rendering his arrest for refusing to provide it a violation of his civil rights. >> You guys know where the dog's going to go? >> To his mom. >> His mom's coming. >> Is he okay? >> Are you with him? >> I know him. Are you guys staying here together? >> No. Um I met him here and I knew that he left his dog outside and he came up to each other. >> What time did you guys meet here? >> Huh? >> What time >> did you guys get here? >> Uh he got here later than me. >> What time did you get here? >> I got here around like 10. >> What time? >> Like 10ish. >> Okay. >> Is Are you Ginger? Okay. >> Oh, so he died. >> I just lost phone ringing. Yeah, I'm totally okay. >> Okay. Um Okay. >> He's okay with >> Okay. He's good to take >> Yeah, he's going with us. >> All righty. >> Thank you. >> Does he get like a big collar or anything? >> Free what? >> Like a call. >> Oh, yeah. He can call people. >> Okay. >> He's kind of He barks a lot, huh? >> I haven't heard him bark. Um, >> thank you. >> Thank you. The idea that PLCs class A that uh um failed to, you know, there to comply with uh police officer command police officer to give us his ID. So, >> yeah. Okay. All right. Um I'm going to just start working on the You couldn't find a criminal history still. >> I should I don't know what's wrong. >> Do we put his ID back in here or no? I think we did. Yeah. Yeah, >> he has no I ran the FBI. Uh his FBI number comes up and it comes up like something's wrong with it. >> The aftermath of this interaction strongly suggests that the legal system found the officer's actions indefensible. All charges against Mr. Black, including the drug possession counts, were dismissed with prejudice, meaning they can never be brought again. Furthermore, Mr. Black has initiated a civil claim against the department and the specific officers involved. This case serves as a stark reminder of how quickly a situation can deteriorate when law enforcement officers allow frustration to supersede legal standards. By arresting a property crime victim for contempt of cop while excusing the actual perpetrators of the damage, the officers created a scenario where the justice system had to step in and completely nullify their enforcement actions. Do you think good Samaritan laws should protect citizens who break into cars to save pets? Or does the protection of private property rights outweigh the potential distress of an animal? Let us know your thoughts. On March 22nd, 2024, the clash between First Amendment protections and corporate privacy concerns played out on the sidewalks of Kansas City, Missouri. What began as an independent journalist, Mr. Moses, documenting the exterior of the Central Bank of Kansas City, quickly escalated into a significant Fourth Amendment detention when officers Bremer and Cardova arrived. The encounter serves as a prime example of contempt of cop policing clashing with established civil liberties captured in real time on bodywn cameras. >> I'm sorry. >> What are you doing? >> Recording. >> What? >> Recording. >> Yeah, I'm an independent journalist. I'm just gathering content for a story. >> I'm just curious like what's the story about? >> Uh I can't tell you. You can't tell me >> because it'll compromise my story. >> It ain't published yet. >> Once it get published, I can I can definitely tell you about the story and send you the link. >> Oh, yeah. >> But yeah, I knew I'm not doing anything. I have no ill intent. >> Yeah. >> Yeah. It's all good. >> Huh? >> I was recording. >> You're not supposed to what? >> I can barely hear you. I'm so sorry. report. >> Yeah. Who told you that? >> What's your name? >> Hey, man. >> How's it going? >> Uh, apparently you guys were uh Officer Brimmer. >> Bremer. And what's your name and badge number? >> Long story short, it sounds like whatever you were doing at the bank, they don't want you to be over there. I was on the public sidewalk recording. >> Okay. Well, they said it whatever you were doing, they just don't want you over there. >> I was on the public sidewalk. They can't tell me not to be on the >> I don't know, man. That's why I came over here. >> You want to go over there? >> No, not really. >> You can go over there. >> And >> I didn't I told him they came outside. Let me calm down. They came outside. The guy Aaron, he said, "Hey, what are you doing?" I said, "I'm an independent journalist. I'm just gathering content on the story." I was walking all the way up down Truman and I walked down there to record the train and then the lady came out. She said, "Hey, you can't record the bank." I said, "Ma'am, I'm on public property." So, >> yeah, but you could see why that that would kind of make them uncomfortable, right? I mean, it's a bank. >> You can't even see nothing. >> I I know, but they don't know that. >> Yeah, you can. If you stand outside and you look at the bank, you can't see anything. The windows are tinted. It's reflected. >> Do you have an ID on you? >> Do I need an ID? >> Yes. >> For what? What if I >> They identified you. You just identified yourself as being over there >> on the sidewalk. >> I'm investigating. >> Okay. What? >> Whatever this is. >> What crime? >> Possible trespassing. >> I was on the sidewalk. >> Identify you so we can actually give you a warning for what? How you going to trespass me and I'm on the sidewalk? >> Because they're saying you were on the >> I got camera footage. And if they lying to you and I show you that they're lying, are you going to do something to them? >> That's That's all between you and them at that is lying. I'm on the public sidewalk. I came all the way up Truman. I walked down there to get the footage of the train. On my way back, I just looked I just looked at the I just looked at the bank and they came running outside. >> Okay. >> So, yeah. Came back over here, walked there about to go to work. >> Okay. So, I need your ID. >> No, sir. >> I do though. >> No, you do not. For what crime? >> I just told you they put in a call on you. >> I wasn't. I was on >> You just identified yourself. >> And I wish I wish I was still on that sidewalk when you when you pulled up. I wish I was on the sidewalk. >> I was right here, sir. >> So, I'm I'm confused, man. So, you're gonna refuse to give me your information for a lawful stop? >> So, you're going to get arrested and hindered? >> No. No. I'm not obligated to give you my >> You are. I just told you. >> Because I haven't committed no crime. No crime was committed, sir. >> Brother, if your tags aren't coming back on file, >> okay, >> for the Kansas registration, do you have the registration paperwork for it? >> You could hold your phone up and zoom. >> No, it's okay. No, I'm I'm trying to be >> I'm asking you a legitimate question. Do you have the registration for the vehicle? >> Hey you guys. So, this is this this is when and I had my uh I had my selfie stick out when I [snorts] was recording. I was on the public side. >> You're now you're redirecting against my question of >> I don't have to answer your question. I asked you if you have the registration information for your vehicle that you drove here on Missouri roadway that is unregistered right now. Now, it doesn't go back through our system. We ran it through throughout Kansas. Go ahead. >> Now, we need to verify to make sure. So, that's why I'm asking you if you have the paperwork. >> You didn't see me drive the car. >> How else did you get here? >> It don't matter. >> How else did you It don't matter, sir. >> It doesn't matter. >> It It It does. The legal authority for law enforcement to demand vehicle documentation is strictly tethered to the operation of that vehicle on public roadways. Under standard Fourth Amendment juristp prudence reinforced by cases like Delaware v Prrowse, officers cannot detain a motorist or demand registration papers for a parked vehicle absent specific articulable suspicion of a traffic violation or criminal activity. In this instance, officer Cordova attempted to bypass this constitutional prerequisite by demanding registration for a stationary car he never witnessed in motion. By treating a state administrative code, which generally requires vehicles to be registered, as a cart blounge tool to conduct a warrantless search of a pedestrian's papers, the officer conflated regulatory compliance with criminal probable cause. And if you see that, that came from a uh that came from a dealership. You're not wanting to give us your information. >> Listen, if now listen, if I committed a crime, >> I will give you my ID. >> That's what be That's what reasonable articulable suspicion of a crime. I was standing on that sidewalk, sir. >> Hey, man. >> There is a uh for tourist out here. It's unregistered. The guy can't drive it cuz he can't It's not registered. Sir, >> it's it's over here. >> Can you show me all the >> Yeah. Yeah. >> Why would you try to infringe on my right? >> Okay. So, let let me let me get this straight. So, >> why would you try to infringe on my right? >> You're going to stand You're going to stand outside of a bank in midday and you're I I heard you. So, you're going to stand outside of a bank in midday >> videotaping the bank and you don't think that's going to make the employees extremely uncomfortable? >> See where they get uncomfortable? >> The inner city. Do you do you stay in Kansas? their uncomfortability. Don't don't stop my city >> of Casey Mo. Okay. So, that makes uh that makes most businesses extremely uncomfortable. >> And what's up with your buddy, man? This car right here, it's not registered. >> We don't know. >> I know. So, I'm asking you, can I tow that car out of your lot? >> Yes. >> Yes. >> Do it. >> Yes. Okay. >> We don't know who when they park the car. Just like you don't know. >> Okay. So now that you've identified yourself now as the one being st or one standing out there and videotaping them and making them feel uncomfortable to issue the ver verbal warning which is what we're trying to do so we can send you about your way. You're refusing to give your information. >> No no what happened. >> So I'm only going to ask you one more time and then we're just going to have to cuff you up. Man, I don't want to do that. I would like to send you about your way. Yeah absolutely. >> Please. The threshold for compelled identification is one of the most frequently misunderstood aspects of police procedure. As established in the landmark ruling of Brown v. Texas, a citizen cannot be forced to identify themselves solely because an officer desires it. There must be an underlying reasonable suspicion of a specific crime. Here, the officers attempted to detain Mr. Moses to issue a future trespass warning, a notice that implies no current crime has been committed. Since remaining on a public sidewalk is not illegal, and the bank had not previously trespassed him, the elements of criminal trespass were entirely absent. Consequently, the officer's threat to arrest Mr. Moses for hindering was a legal impossibility, as one cannot hinder an investigation that legally shouldn't exist. You know what I would have liked to to happen when you guys pulled up and they called you guys? Hey, where was he standing at? Was he on you guys' property? You should have >> You What I would have liked is sir, when you pulled up and they told you what happened. Hey, he was on the sidewalk. He has every right to record on the sidewalk. I wasn't even coming to the bank. I was coming to get the train. >> There's officers that monitor the city cameras that saw you verbatim on their property. >> That's a lie. >> It's in the It's in the call notes. Okay. Do you want me to stop this video and show you? >> No. I would like to get your information so I could issue the verbal warning and send you a bunch of way. >> I wasn't on their property. That's how trespass work. Trespass. If you're on the property, they tell you to leave. That's how it go. They give you a chance to leave and then you're trespassed. >> And they don't know that you have a selfie stick. Why would citizens that are probably unarmed come and uh and approach you? >> I would You say that one more time. Why? Okay, so first off, you're videotaping. You're standing outside. You're being extremely suspicious. They can't tell that that's a selfie stick. Why would citizens that are >> on it? It was like this. >> How are you going to ask me a question and then not let me finish? >> I was like, they came Aaron came outside and talked to him. We had a good dialogue. >> We had a good dialogue. >> That's not what the lady on the phone said to put in the call about you. >> I can show you the video. You guys want me to see the video? >> No. I'd like to get your information so I could send you away >> for reasonable articable suspicion. I just did. I I gave you all the reason reasonable suspicion we would need as a law enforcement officer. >> This is what the supervisor say when you get here. >> This is Wow. >> Okay. Well, I don't like your your movement, so I'm going to >> I don't You keep backing away from the car. You're being extremely suspicious. >> Why are you taking my detain? I'm not under arrest. >> You can you can keep your little stick thing on there, >> but you keep backing up towards the road and I don't like that. >> No, I'm not going anywhere. and and the fact that you're refusing to give us any sort of information. We're just going to sit you on the curb, brother, and >> reach reaching into your pocket. >> Yeah. I I don't like all the jazz. >> Can I get my Can I Can I hold it, please? >> No. >> Okay. >> Over here at the >> Okay, I'll just put on the hood. >> Yeah. >> They g they said we can get the car towed out of here if we need to. Come on. What would you >> That's too much, bro. What am I? I'm in cuffs. I'm not Ain't nothing in my pocket. My portable charger. You pat me down your person. >> I have nothing on me. I have my portable charger. >> Are you giving me consent to search your person? >> No, sir. Man, have a seat. >> Can I stand? >> No, you cannot have a seat. >> Cross your ankles, partner. >> This is >> for our policy. When we set you down, you need to kick your legs out and cross them. Oh my god. >> So, are you going to refuse another lawful order? Is that is that what I'm gathering? >> First of all, you got me detained. >> Yes. Correct. >> At this point, hindering at this point hindering >> and I literally just said that I would like to let you go and you just continue to keep going. >> On camera by chance of our mail that we have to take here on bank property at any point. Hi Alan, this is Officer Cordova with the police department. Hi. >> Hi. I wanted to just We have our We have your mail here at the gas station. He's detained in the handcuffs. We I just wanted to get some details um regarding >> what exactly happened there. Okay. So, he was on the grass and that's uh bank property. >> He was in the he went like down our little sidewalk here on the side of our building. >> Uh-huh. >> And was recording from that area, too. >> Okay. So, the sidewalks are city property, but if he's in the grass area um on where you're telling me, you're telling me that the grass area there is is property of the central bank. >> Okay. Okay. All I do appreciate it, ma'am. Hi. Is this Alan? >> Yes. >> Sorry, it's officer Cordova again. I just wanted to ask, ma'am, are you willing to sign a complaint for the uh lawful trespass? >> Yeah, I'll sign it. >> Okay. And um you did tell him that he wasn't allowed on the on the bank property, correct? >> I told him it was just a law for him to be recording our bank, >> right? >> Yeah. He even asked me what was my name, why he was recording, but I was talking to the law. >> Okay. Okay. So then he'll So then we'll I won't issue him a charge for trespassing. I'll issue him a uh a trespass warning. Okay. We'll get him identified. I'll issue him a trespass warning. I'll print out the warning for you and I'll bring it to you. Can I get your um your name and date of birth? I do appreciate it. Okay. >> Thank you. >> Thank you, ma'am. >> Okay, sir. So, you were on the sidewalk during that point. I'm going to tell you that. But you were also in a grass area. >> No, I wasn't. I got it on. We got camera footage. You were on a grass area. I know the law. This is what I do. I'm an independent journalist, sir. >> She talked to you while while you were in the grass. >> I wasn't in the grass. I'm on the sidewalk. >> Which is their which is their property, which I understand. >> But I am going to issue you a trespass warrant. >> It's not a charge. It's just saying the guy that knows the law. [clears throat] You know what I'm saying? >> That's a captain, but he he'll probably tell you the same thing. Okay. >> What's his name? >> Captain Clark. >> Captain Clark. >> Yes, sir. You want to talk only party saw talked to him on the grass which is Bane property answer you >> yeah he was on their property in the grass area again which is their property I I don't know the full conversation because she he she had it with Jed but they asked him to leave. He's now refusing to give us his information and says that we're unlawfully detaining him and wants a supervisor. How you doing, Captain Mark? >> Fine. How are you? >> Proper investigative procedure dictates that officers verify facts such as property lines and the presence of criminal intent before initiating a custodial detention. In this encounter, the responding officers inverted this logic, presuming guilt based solely on a third party complaint without verifying if Mr. Moses had actually stepped onto private property. This rush to judgment was compounded by officer Cordova's attempt to solicit a toll request from the business owner. Utilizing the empoundment of a vehicle as a punitive measure against a citizen asserting their rights is a tactic often described by courts as an abuse of discretion. Transforming the badge from a tool of law enforcement into an instrument of personal retaliation. >> Yes. >> I walked over here. I got everything on camera. I can show you. >> All right. Well, I tell you what, uh, they call it So, there's cameras everywhere in here. So, you were you you were >> The easement right there is a sidewalk, but the grassy area actually belongs to the Okay. Well, here's here's So, does the bank want to do anything? >> They can't trespass me. I was on the sidewalk. >> I was on the sidewalk. You can't trespass me for public property. Plain view doctrine. >> Okay. Can't transpose. I'm just kid Moses. >> So I don't have to. So you guys okay if I stand him up? >> And this is why you stand up. Why? I don't have to. And I have no ill intent. I have nothing on me like that way. We don't have to s You don't have to look straight up. Yes, sir. >> You guys second. >> We could have already sent you home, brother. >> He sent you captain. Well, he's he's about to tell him the same thing he told you. >> Okay. >> We need to get an ID for a trespass warning for the bank. He was on the property in the grass. I talked to the calling party. Her name's Ellen and she's still there. She works there, but she contacted him in the grass saying, "Hey, you can't record." He said, "Okay, that, you know, that's fine." And he said, "You can't tell me I can't record." He said, "You can't tell me I can't record." >> And so, >> all right, we'll catch you later. He stepped back onto the sidewalk and so they want to issue him a trespass warning because it was the one time >> and so they want they would like us to be able to issue him a trespass warning but we need to get him identified. >> So >> was he ever warned not to be on the property beforehand? >> Not before at that time. >> So we have no violation of law then. Correct. >> Just Yeah. Just the warning. >> So he want to ID himself? >> No. >> I mean he didn't break a law. He didn't have to ID himself. Okay. So, it'd be one thing if you went back up on there after they was warned, but >> Okay. >> I mean, you can tell them, "Sorry, you didn't break the law. We can't just ID people because they wanted to give trespass warnings, >> right?" >> So, >> okay. Yeah. >> Broadcasting it. I'm just asking because you're not broadcasting it on uh >> Okay. Um, >> you disagree with that? >> Yes, you disagree. Yes. >> Yep. That was what the conversation we were about to have when >> Yeah. Must be have a a criminal problem with them. >> I'm going to head out there. >> Okay. >> Look at this. They taking cuffs off me. >> Yeah. I told you you were detained. >> Illegal. >> Now you're just being confrontational again, brother. >> Another issue. All right. Yes, sir. Another issue is his vehicle is >> not coming back on file through Kansas registration. Oh. >> So, uh, I talked to the property >> that doesn't come back and he didn't want to provide me the registration information for it. >> That's our sergeant. >> That's the sergeant. >> Hey, how you doing, Sergeant? >> Good, man. >> What's your name and your badge number, sir? >> Uh, our creative. >> Yes, sir. Uh, again, just to give you a little quick rough draft on what just took place here, man. Uh, I'm an independent journalist. Again, I'm just gathering content for a story right before work. It just seemed like you just was like just dig and just wanted to arrest me. Man, I have no ill against you, brother. I we told you here the deal. They got caught. The reason why everyone went by, they're the ones who got called. The other ones did. So, they already responded to a call. I get it. You're right. If you're on the sidewalk, you ain't breaking a law. So, they they claim you're on their property. Obviously, just so you know, you're not allowed on their property. If you're on this for a living, I'm an independent journalist. You know what I'm saying? independent jurist or not. You can't be on the private property. >> I wasn't. No, I was never on the property, though. You You know what I'm saying? >> And that's fine. I mean, if they uh like they said they were >> It's okay. I mean, you were you were there freely. They warned you don't go back, but now you've been warned. Don't go back on their property. >> I I was never on it, but uh >> they were responding to a call. That's all they were doing. >> Just just what what what kind of I want to say kind of like just bothered me is uh how you pronounce your what's your name and badge number? >> Cordova. >> Cordova. And this is all just a learning experience. You know what I'm saying? I never knew how long you've been on the force. And sometime you never come into a situation like this. But once I told you what took place, you was still pushing the issue. I said, "Hey sir, you said they trying to trespass you." I'm like, "I never was on their property. It's the plain view doctrine. Whatever I see in public, I can record. You can't trespass my eyes, man." >> The arrival of Sergeant Porter and Captain Clark illustrated the critical difference between reactive policing and constitutional adherence. Unlike their subordinates, the command staff correctly applied the plain view doctrine, acknowledging that photography from a public easement is protected activity, not a criminal offense. Their intervention deescalated a situation that was careening toward a civil rights lawsuit. Furthermore, Mr. Moses's adherence to his rights, specifically his refusal to surrender identification absent a crime, demonstrated a sophisticated understanding of the law. By remaining on the public sidewalk and clearly articulating the limits of police authority, he successfully navigated an unlawful detention without capitulating to intimidation. Do you believe officers should face personal financial penalties when they threaten to arrest citizens for conduct that is clearly constitutionally protected, such as filming from a sidewalk? Let us know your thoughts in the comments. On June 18th, 2017, a suspicious vehicle investigation by the Bridgeten Police Department in Cumberland County, New Jersey, devolved into a federal civil rights case involving excessive force and falsified records. What began as a welfare check on two individuals parked at a closed gas station escalated into a chaotic sequence of constitutional violations captured vividly on bodywn cameras. The incident serves as a grim case study on how quickly the absence of deescalation tactics can transform a noncriminal encounter into a violent arrest. >> Stay in the car. >> I'll be emergency. >> Stay in the car. Have a seat in the car. >> You're in the car now. >> Have a seat. Do you think it's real smarting a cigarette at a gas pump? >> Out of gas. >> All right. Can I see your license? >> Yes. >> Where you coming from? >> Hopewell. >> Hopewell. >> Yeah. >> Are you sitting here yelling stuff at people? >> No. >> No. No. >> You've been drinking? >> No. >> No. I'm just sitting here waiting for gas. Okay. >> Where are the keys at for the vehicle? >> In the dash. >> In the dash. How much you have to drink? Anything? >> No. You're just sitting here for gas. >> Wait right here. Put your cigarette out. Here the gas pumps I'm on. But you got no operation. There's open bottle on the floor. Empty whiskey bottle. So they're out of gas. All I got to say, they pushed it here and then drank cuz they're waiting for it to open up. I don't how long they've been here, right? Keys are on the dash, not in the ignition. No intent at this point. >> Correct. >> They're just hit them with the open B open container. If you talk to him, will you understand like the rest everybody else who can deal with just attitude and mouth? >> It's up to you, sir. No, I'm just >> I just want to make sure that we're on the same like Yeah. I mean, either on the dash or on private property. You don't have operation. You don't have intent. >> Yeah. >> Okay. >> [ __ ] ridiculous. >> You've obviously been drinking. You need to call somebody that's going to come pick you up. I have someone calling here to give me a gallon of gas. >> Okay. Well, you're not going to drive. >> I'm not driving. >> I know. That's what I'm saying. You need to call someone to come pick you up. >> We can do that. >> Okay. We'll do it now. >> Whose bottle of uh whiskey is that on the floor? >> Where? >> The one that's was there when I walked away. >> Somebody gave it to me. >> What? >> Somebody gave that to me. >> Gave it to you? >> Yeah. >> What is your name? Do you have an ID on you? >> No, I don't. >> You do not. >> Well, cuz you keep the keys out of the ignition or I will arrest you for drunk for DWI. Do you understand me? >> You want this bottle? You have >> Okay. >> Who does it belong to? >> So, what do you give it to me? >> One you have. >> No. What's What is your name? Al. >> Allen. What? >> What's the last for your social? >> I ain't I ain't giving you that. >> Okay. Well, I'm going to be giving you both a ticket for open container and motor vehicle. >> Really? >> Yep. You guys want to play this game and get attitude? We'll play this game. >> Stay there. >> Stay in the vehicle. >> I'm going to spray you. Stay in the vehicle. You just spray me. I don't care. >> Just stay in the vehicle. >> Military train. >> Okay. Stay in the vehicle, sir. Is what it is. >> By civil rights. I know the need for sex. >> You can't even question the passenger in the motor vehicle. >> All right. Since you're the lawyer, sir. All right. We got c we got caught here for a reason. We got to deal with this. Okay. >> Really, >> sir? Yes, sir. >> Really? I was in the army and the navy. >> Okay. Well, thank you for your service. >> Was you in the military, >> sir? Yes, sir. Thank you for your service. >> You're a bus two white boys, sir. Come on. >> What is I want your badge number >> 1025. >> All of it. I own the [ __ ] I I tell you what. Frank Hurst is going to eat you up. >> All right, sir. >> I'm so pissed off now. >> All right. >> I'm sitting here waiting for the police. >> Okay, that's understandable. >> No, >> you guys are off. The whole town, the whole county is a hole. >> You're absolutely right. I agree with you. >> And you're [ __ ] with me. >> I'm just standing here, sir. >> You made a mistake. >> We have money. >> Okay. I didn't say you did not. >> And we're going to lump you up in court. >> Okay. >> All right, Mr. Drummonds. >> Yes, sir. >> You both issued summones. >> Yes. >> For containers in a motor vehicle. more. >> Okay. The Johnny Walker. >> It's fine. >> The officers initially scrutinized Mr. Drummond for driving. While intoxicated, DWI, a charge that under New Jersey juristprudence, hinges on the concept of operation, as delineated in cases like state v. Muli, intent to operate, is the controlling factor when a vehicle is stationary. Given that the keys were observed on the dashboard rather than the ignition and the vehicle was parked on private property with the engine off, the legal threshold for operation was arguably unmet at the onset of the encounter. Similarly, the attempt to issue citations for open alcohol containers was legally flawed from the start. New Jersey statute 39 cologne 4-51B strictly limits open container violations to public highways or their rights of way. Applying this statute to a vehicle parked on private commercial property suggests a fundamental misunderstanding of the law's jurisdictional boundaries. >> That's going to come pick you up and move your vehicle. >> What? >> We can't move the vehicle. >> But you have >> you have some that is sober that is on their way is what I'm asking. Yes, sir. >> Officer, but my phone. >> Okay. >> Okay. >> All right. If you drive, >> car will not start. >> Okay. You got to see why we're sitting here. >> Listen to me. Okay. This is why this went this way in the first place. Okay. Cuz the other officer explained to you, we got called here for a suspicious vehicle. So therefore, we are going to investigate it. Okay. >> Mr. Drummond. Okay, >> civil rights. >> Mr. Campbell, I want you to listen to this as well. Can you explain the court date? There's a court date on here of 76 of 20. >> Okay. >> They violated our civil rights from the gig. >> Okay. That is not your actual court date. You need to contact the court 5 days prior that court date and they'll tell you guys what your court date is. >> I got there's yours. >> Thank you, sir. Oh, you're so >> If you want to go somewhere to do your job, we can help you. You should have asked us for help. But no, you ruin your outfit like [ __ ] >> I'm an Underwater certified welder, Navy Seal. >> Yeah, I'm sure. >> I'm so pissed off. All right. You suck, dick. [ __ ] >> Are you open? GIVE ME SOME GAS SO I can get the out of here. >> These mother waste their energy and resources on us. >> In a minute, in a minute you're going to be in a minute, you're going to be you're going to be dis. I'm going to take care of that vehicle. You're going to be arrested. Okay. >> So, You understand? >> Tensions rose further when officers threatened to arrest Mr. Drummond for disorderly conduct based on his use of profanity. This threat runs contrary to established First Amendment protections. In Rosenfeld v. New Jersey, the courts clarified that coarse offensive or abusive language alone does not forfeit constitutional protection unless it falls into the narrow category of fighting words. speech likely to incite immediate violence. Mr. Drummond's verbal berating of the officers, while undoubtedly rude and unprofessional, remained within the sphere of protected expression. Law enforcement officers are expected to possess a higher tolerance for verbal abuse than the average citizen, and criminalizing speech simply because it is disrespectful undermines the core tenets of free expression. >> Stay right there. Stay right there. Stay right there. Why drive it out? Why drive it out? >> Listen, I I listen, I can't say. I don't know what's going on in regards to He's >> He's right there. >> They're both getting out of the vehicle. Stay right there. >> I respect you because you're a man of the badge. >> Yes, sir. Thank you. >> And you are above me in my chain of command. >> Yes, sir. But you have made a mistake today. >> All right, listen. I hold I I'll tell you what's going on, okay? I don't know the whole situation cuz I just got here >> mother. >> But I'm just telling you, you need to if you care about your friend, take care of your friend, okay? >> Okay. If I put him in, you got >> I don't know. I don't listen. I Hold on. Hold on. I I don't know if you've had anything >> or if he's had anything. Well, I I would just highly suggest that he not be doing anything that he's not supposed to. Okay. >> All right. My son's coming. >> Okay, that's fine. That'd be great. That'd be awesome. Go ahead, sir. >> Real properties in Salem and all my properties are worthless. >> Okay. >> I went through a divorce. Cost me a half a million dollars. >> I'm sorry to hear that, sir. >> Yeah. >> Wait till it happens to you. >> Coming. >> And now you guys, too. >> You guys, all this manpower. You got to be kidding me. >> Who is theing sergeant? >> You guys know >> where's the sergeant? >> I'm not I'm not going to command. >> You know where? >> 05. Just to let you know, he wants a sergeant up here. Okay, sir. >> I want you to go away and leave. >> That's what that's that's what we're trying to do, sir. Okay. >> You come back here. I'm locking you up. That's the end of the story. >> Okay. Go have a seat in your car, sir. >> Let's go, Al. >> Al, >> let's go run our company. >> Mr. Campbell, take care of your friend. Go ahead. >> We're not going to >> Thank you. >> He says he's going to have his uncle. >> Hey, >> there it is. >> Hey. Oh, God. Stay right there. >> I got three hands on your back. I told you not to. >> Get back. Get back. >> Do you want to feel pain, sir? >> Interest. >> I told you to not do that. >> You're under arrest. >> I had to pull it over. >> No, you were you were to sit there just like you were instructed to. Step back. >> Please put on my um >> Come with me right now OR YOU'RE GOING TO END UP FACE DOWN ON THE GODDAMN GROUND. YOU GOT ME. >> You had plenty enough chances. >> Ow. John's fault. >> I have nothing on me. I don't do drugs. >> I don't give a rats. >> You were given enough chances. >> You were told to let your friend take care of you. >> How's he going to >> by calling his son? You were told to sit there while he got a ride. Let's go. >> Okay. You did not have to move. >> You're under arrest. Let's go. >> Why? >> You were told, "Get in the car." >> What am I under arrest? >> Get in the car. Car. >> Sorry, Ron. You all right? >> Yeah. I caught on the side of the head, but get in the Get him. YOU GOT THERE. HOW DO you like it now? NOW GET IN THE GODDAMN CAR NOW. YES, SIR. >> Now get theing car. PULL YOUR LEGS IN. NOW I'M GOING TO GIVE IT TO you again. >> Wipe my face off. >> Move in. Scooch towards me. >> Yes, sir. Let's go. >> Pull your leg in. >> Now >> the other leg. Both legs. >> Easy with the door. >> He's got a bad hip. Watch his head. >> Okay. Pull your other leg in. >> Pull your left leg. Leg leg out, sir. Right there. Right. >> So, what did he do now? >> Very argumentative. He got out. We me and DJ left. He got out and started approaching Ron, the other guy. He got out, started approaching again. I advised him to get back in the car and have a seat. His friend's going to call his son to come get the car. So, finally after I threaten to spray him, he goes back to the car. They get in the car. They're supposed to call the son. He starts the car up and drives over here and then he gets out of the car when we get up here. So anyways, he gets handcuffed, gets put in there having given a hard time getting in the car, so I sprayed him. The encounter reached its nadir when officer Greer deployed a crowdcontrolsized canister of pepper spray against Mr. Drummond. The constitutional standard for such force established by the US Supreme Court in Graham v. Connor requires objective reasonleness. A court must weigh whether the suspect poses an immediate threat or is actively resisting. Body camera footage contradicts officer Greer's subsequent reports. It shows Mr. Drummond was handcuffed and compliant at the moment the chemical agent was deployed. The use of a weapon designed for riot control on a restrained individual constitutes a clear violation of the Fourth Amendment, a fact later cemented by federal prosecutors. His friend has somebody coming, but now it's too late. They can come and pick him up. They were given every opportunity to cooperate. And like I told my sergeant, you were Go ahead. You can stay in the car for now. >> Okay. Like I told my sergeant >> I told my sergeant, you were cooperating. And you were trying to keep your friend calm. >> Hey, sometimes >> you got somebody coming. >> Look, >> do you got somebody coming? >> Okay. >> All right. Step out and I'll get you that [ __ ] off your face. >> I can't drag you. You got to move out. >> Drag me out. >> I am not dragging you out. Let's go. >> Thank you, sir. >> Walk over this way. We should walk. >> This way. This way. This way. To your left. >> Yeah, sure. >> Just turn and walk. Walk straight. >> I want you to go sit over here at this bench. >> Yeah. What's your last name, sir? What's your last name? >> Drummond. >> I'm going to pour this over your head. It's water. >> Okay, sir. >> Justice in this case was delayed, but ultimately delivered through federal intervention. 4 years after the incident, the Department of Justice indicted Officer Greer, not only for the excessive force, but also for falsifying police reports to cover up his actions, a blue wall of silence tactic that often obstructs accountability. Greer eventually pleaded guilty to deprivation of rights under color of law. The disparity between the initial internal exoneration by the police department and the subsequent federal conviction highlights a critical failure in local oversight mechanisms. Do you believe police departments should be required to have independent external agencies review all use of force incidents to prevent internal coverups like this one? Let us know in the comments.