on April 17th 2018 Steve Van a Florida resident was pulled over by Officer Zachary Wester of the Jackson County Sheriff's Office officer Wester initially claimed the stop was due to a lack of insurance on Mr Van's plates however when Mr van produced valid insurance officer Wester then accused him of drifting over the double yellow line leading to a sech of Mr Van's vehicle the situation grew increasingly unusual as the stop progressed rest [Applause] [Applause] let's see this 2554 the r is going to be the driver on 106 vehicle search it is come on man you ain't had nobody in the vehicle with you huh have you had anybody in the vehicle with you lately yeah had uh girl name Crystal in there why Crystal who uh add more or something like that I can't I don't know why okay all right honesty is going to go a long way with me okay man no all right I've got to test this have you ever seen this before no okay no what is that let's hang out with Deputy Jackson here oh man where' you get there the center console there a no way man officer Wester found a small baggie with traces of white powder in the center console despite the body camera footage it's unclear if the baggie was planted Wester statement honesty is going to go a long way with me seemed hypocritical later Mr van confused and shocked denied the baggie was his a drug test on the substance would determine if it was illegal clearing Mr van if it came back negative SK [Applause] all right look man it did fi test presum the positive for methampetamine okay let me ask you this yeah if I read you your rights will you talk to me I talk to you man I'm just saying man dude I'm we're going to get there we're going to get there okay Officer Wester indicated the test turned blue though it was clearly red or burgundy this is crucial to the incident he had used a narc 2 field test which turns blue for methamphetamines and MDMA within 2 seconds if positive if it turns pink and slowly changes to Lavender it's negative for these substances since the test didn't turn blue it indicated no illegal substance in the baggie despite this officer Wester shook the test for 10 seconds repeatedly checking it and then falsely claimed it turned blue he informed Mr van it tested positive for meth and eventually arrested him you have the right to remain silent anything you say can be used against you in court you have the right to talk to a lawyer for advice before we ask you any questions and have him or her present with you during questioning if you cannot afford a lawyer W be appointed for you without C before any questioning if you so desire if you decide to answer questions now without lawyer present you still have the absolute right to stop answering any time you also have the right to stop answering any time until you talk to a lawyer you understand each of those rights I've explained to you today on this traffic stop have you asked myself or K9 deut Jackson to allow you to speak to an attorney okay having these rights to mind you wish should talk to me now okay okay all right man I explained the reason for my traffic stopped and when we started talking about crossing the line you explain to me your front end was out a line right walked up talked to you started talking about a little bit of over in vehicle and you made the statement I know you want to search it okay what what was the reason behind that and then and then you said then you were then you were starting to get out and you were like go ahead and search it like what what's the reason behind that man because it I got pulled over FL and that's exactly what offic did he come up and say he smelt marijuana don't smoke marijuana okay and that just gave him the right to come in search all right so I get into the vehicle okay you saw me work my way around same way I search vehicle start on driver side go to the passenger side open up the center console pull all of your papers out of the center console in the bottom in the corner there was that little clear baggy painted black or it's already black with creases in it okay in the bottom of it probably 020 of a gr of what appears to be methamphetamine that that's what my field test shows right here on the side of the road okay whenever I came back and talked to you about it before reading you're right so I can't I can't even put that in my report I can't use that against you you made the statement that you had had someone in the vehicle with you okay now that your rights have been read you want to tell me I mean give me some background on who you had and are they users or anything in the past been know she been known us okay uh I gave her a ride um wow did did she go in your center console or anything man I have no idea possible Maybe I have no idea now now before I before I look any deeper am I going to find a pipe or syringe or anything like that man cuz no tell you I'm [ __ ] walking man so the last time you used methed before you went to prison right you voluntarily told me that you had been to prison for possession yes of methamphet yes okay you said you served 2 years yes sir okay and see when did you get out it's just March okay so when you got out in March you've been clean ever since correct okay all right where you live at man uh White Church Pond Road White Church Pond yeah okay all right um have you been pulled over since you got out of prison no you haven't been pulled over since you got out of prison okay so you you don't you don't know where that suspected methamphetamine came from well why would be in your center console man I do not know man I'm being serious man [ __ ] I [ __ ] ride it was like I said man it was black back I almost missed it whenever I opened up the center console it was just laying flush on the bottom of the console I don't know you don't know man I don't know man nothing in your hat or anything like that man no man I ain't got nothing on me man oh wow man when's the last time she was in that vehicle with you but just earlier earlier yes sir you got the cashier man just from your odd jobs that you've been doing yes sir all right [Music] stere Mr van voluntarily allowed officer Wester and his colleague to search his vehicle one officer claimed to smell marijuana prompting Mr van to step out officer Wester initially detained Mr van for three reasons no insurance disproven drifting over the double yellow line a minor offense and the alleged marijuana odor questionable this suggests officer Wester was fishing for a reason to detain Mr van the claim of smelling marijuana has been contentious as it's hard to verify allowing officers to use it without objective proof the fourth amendment protects against unreasonable searches requiring probable cause or a warrant recently some courts have ruled that the smell of marijuana alone is not grounds for a search and there I mean you can't think of any other way man that that what have got in there I mean like I said man honesty goes a long way okay I'm being honest man I really don't know man man I like I tell everybody here turn around I I treat everybody with the same amount of respect they treat me all right you've been nothing but nothing but respectful okay I could I couldn't ask for you be any more respectful man um I'm just trying to figure out how that stuff got in your car turn around and talk to me up mouth lift your tongue up okay you think she had I don't you didn't see her us it or anything no okay man I just look man you going to go to jail today for possession of methamphetamine okay it was in your vehicle right there at center console all right come on man pleas I don't have much discretion with the FY charge buddy I don't have much discretion with that man oh man dude I'm serious dude anything what you want me to do man listen man I don't have this CIS bu okay man if I know that [ __ ] was in there you think I'd tell you go here and search man come on man really people still do sometimes and that that's why I was getting around to the fact did you see the person that was with you were they using or shooting up or smoking while they were in the car because whenever I ask you that you kind of put your head down and look away it makes me kind of think that maybe yeah no man I'm telling you man God okay all man go and put your hands behind you back C [ __ ] a cigarette please please just hang toght right [Applause] there let me explain something man go and get you cigarette The Company You Keep sometimes make you turn into okay telling everybody stay away from me too okay see you [Applause] lot officer Wester continued to pressure Mr Van Into admitting he knew about the meth in his car however Mr van breaking into tears several times repeatedly denied any knowledge of it appearing confused and devastated throughout the [Applause] exchange you I'm might to tell your vehicle too okay 254 Go and show me 1015 and roll a rotation on 1070 please listen buddy I don't think you a bad guy okay sometimes people we hang around though get so screwed up in bad situations right been trying to keep away from this this fact right here man I mean oh man you just you don't know how hard it's been okay when I got out man my house been broken into all my [ __ ] stolen I had nothing man I been everything stolen from me man where did you live at at the time the same place same place man whenever you went to prison was that your first time going no what's your criminal history look like man pretty pretty lengthy how long were you on methamphetamine before you went to prison man years years had to eat you up one tear your damn for this situation highlights the importance of remaining silent and refusing to answer questions when interacting with law enforcement whether detained or arrested you have the right to remain silent to exercise it stated clearly the fifth amendment guarantees this right against self-incrimination ensuring individuals aren't compelled to provide potentially damaging information against themselves despite this officer Wester continued to Gaslight and manipulate Mr van really did WOW after so hard to stay away from everybody yep how old your mom 70 70 she live down there too no wow I kep all the people away from might want to quit letting people in your vehicles you saying that's not yours might want to quit letting people your vehicle and I can tell you man you look me in my eyes whenever you tell me it's my chores but you look away whenever I ask about the person that was with you I don't know that's say I really don't anything you need me to get out the truck or truck for you I got your wallet back there your hat knives cigarettes sunglasses that all be booked in your property okay you want to throw that cigarette out man you all right feel think want to do right there we go all one back here missing [Applause] after handcuffing Mr van and securing him in the patrol vehicle officer Wester continued searching the car Mr van was charged with possession of methamphetamines and paraphernalia but State prosecutors later dropped these charges during a review of over 250 cases involving Wester this review exposed West's corruption in July 2019 the Florida Department of Law Enforcement arrested Wester the fd's affidavit alleged Wester kept unmarked bags of drugs in his patrol car manipulated body cam footage planted drugs and falsified reports to frame innocent people his victims many with prior records or efforts to stay sober had their lives upended one man lost custody of his daughter the prosecutor who flagged Wester suspicious cases quit the state attorney's office and filed a whistleblower complaint citing retaliation and ostracism on April 13th 2018 officer Cody Thomas of the Chattanooga police department responded to a 911 call about a man named Polo wearing green and black who had threatened someone with a gun while investigating officer Thomas saw Nate Carter in a purple shirt checking his mailbox the interaction was recorded on officer Thomas's body cam po now what's your name what's going on who are we calling about Buddy calling about you calling about me hey how about you watch your mouth for your on the back of my car here talking about who I I told you no Hey listen listen you no get your over here you're not part of this come here come here right now come here you can't for what I'll shoot dog sh my dog you can't get over here now get over here right T are deployed after officer Thomas attempted to detain Mr Carter with a verbal command Mr Carter refused and walked towards his home officer Thomas then tased him in the back the Chattanooga police department's use of force policy requires officers to use the minimum necessary Force for passive resistance like Mr Carters the policy calls for soft empty hand control without weapons tasers are permitted only for defensive resistance which involves physical actions to prevent officer control verbal commands must fail and probable cause must exist for taser use assuming a similar policy was in place at the time officer Thomas's use of the taser likely violated this policy as he lacked probable cause and Mr Carter did not engage in defense of resistance hey show me your C the air start me some cars suspect just went back in the house get your out here show them your get out here now get over here now I shoot get out you now put hold on I'm moving my car in front of the house I'm moving my car in front of the house have going to go to the back of the house we got two units up front suspect has gone back in and out of the house taser has been deployed we're still working on getting he went back in hey sweetie come here come here it's okay y'all come here hey y'all come here everything's okay it's you stay right there hey you come over there you go over there come here come here now come here now get away from the I Tak my mail is it necessary are you serious I Che my why y doing that I check my ma somebody else TI too tight who cares get in the car who cares get in the car man for real pop my Jerry T he did he got he got popped and then rode it for a minute and then he slammed the door and the bars popped off so I don't know if it actually hit him or not huh he got barbs in his back his info and why I'm here yeah I'll go talk to him I need to calm down all right I'm the one to call you Call correct it's about him correct no no no uh another guy but ran through he had the Glock he was standing by that telephone pole and he was talking about shooting up me and her was in there playing car he was talking about shooting up in in CU when I walked up you said yes that's him no no I did yes you did cuz I walked up and I said this what you here about and you said yes that's why I'm here and so when I started confronting him about going in the house I all this erupted cuz when you start going toward him to the step that Wasing that's not him yeah I just grab his info thank you I pulled up here and he was standing out in the middle of the road and I was like well I'm gu SE this guy could be it what was the I didn't even hear what the just call but somebody said they had a gun they threaten to shoot this guy I said hey are you Polo and he was like I don't know what you're talking about leave me alone like he's calling you sho he's like going like this like Sho Sho and I was like I'm trying to figure out why I'm here and he's like he called you not me now go deal with him I asked him like what is your name he made some comment I said what and he said how about you open up your ears and shut your mouth then so I asked him for his ID and he was like man what you talking about leave me alone well in my mind that's the guy who has the gun I said how would you come over here and give me your idea he's like no I'm going back in my mouth or going back in my house and he got stepped towards me and started walking back in the house so I'm thinking he's going to go get either do something with the gun so I tased him right in the back he he rode it for a solid 3 seconds then tripped up the stairs and then he came back in the house and so I pulled my car to where I can get behind it cuz I know if he was going to come back out and try to shoot then he came back out but he was like still hiding behind the door so I was like he has a gun this hand and something bad's about to go down that's when he kept going in and out in and out y'all walked up and his girls walked out one's a boy officer Thomas summarized his encounter with Mr Carter stating that he saw Mr Carter standing in the middle of the road and thought I'm guessing this guy could be it he briefly detained Mr Carter based on this suspicion however there are specific guidelines that officers must follow when detaining someone for a detention to be justified officers need a valid reason often based on matching descriptions or behavior that indicates potential criminal activity in this case Mr Carter did not match the suspect's description who was reported to be wearing a green shirt furthermore the victim told officer Thomas that Mr Carter was not the person who had threatened them because of these factors even if officer Thomas believed Mr Carter might be the suspect the circumstances did not provide a solid basis for his suspicion as a result it is likely that officer Thomas did not have a valid reason to detain Mr Carter as his actions were based more on a hunch than on concrete evidence or matching descriptions this lack of valid reason is important because it ensures that officers respect individuals rights and freedoms during their investigations that white one he said the dog will bite I like I'll shoot your dog for the kids all right so you hang out with the kids had Adam count as a Medical Professional look at him here I'm okay with that okay but the hospital needs to clear him before he can do anything talk to Van about how to write it up good for my life the way you described it is fine but make sure you exactly how you described it to me it needs to be written down so what are you charging them with so I can tell the wife uh disorderly and resisting and if P couldn't help me with makeup anything else that's what I have right now is disorder officer Thomas plans to charge Mr Carter with disorderly conduct and resisting arrest disorderly conduct includes causing public annoyance refusing official orders or creating a hazard without a legitimate purpose since Mr Carter was on his front lawn not a public place it is unlikely a court would convict him of disorderly conduct additionally previous cases have ruled that yelling at an officer does not count unless it interferes with their duties for resisting arrest Tennessee law states that using physical Force to prevent an officer from performing their duties is an offense however simply ignoring commands and walking away does not meet this Criterion in body camera footage Mr Carter does not appear to actively resist handcuffing if he did Tennessee law allows self-defense against excessive force therefore Mr Carter could argue the officers used excessive force defending against the resisting charge do do you have any of this information could you pull that up I have it harbon will cuz he did a report hey he didn't have his wallet on him I have no idea who this guy is'll tell you we're going to take you to Erlanger Mama's come and take them cuz you got Tas yeah what uh disorderly and resisting I didn't resist the rest that came out to check my mail I had nothing to do with what was going on over there how hell I to jump outside and check my mail are you serious I'm serious for real as a heart attack you don't care about no nothing but your Personal Agenda trying to save your you had no reason to even talk to me you Wen called to my address you had no right to stop entertain me what law was I breaking what nothing you did not give me any statute code of my Fourth Amendment right to tell me why you were stopping me mean go on BR take be the jail I will make sure you come tot I will he's pissed too come on is it safe to come out I don't want to get ass going to get my mail right go to jail following his arrest Mr Carter was charged with public disorder and resisting arrest however both charges were later dismissed a complaint was filed with the Chattanooga police department which found that officer Thomas used excessive force filed false reports ignored inmate complaints and acted unprofessionally as a result officer Thomas received an 80-hour suspension and was reinstated Mr Carter filed a lawsuit in The District Court of Hamilton County Tennessee which was later removed to Federal Court the lawsuit included allegations of excessive force malicious prosecution false arrest assault and battery and sought $1 million in compensatory damage and $2 million in punitive damages on November 19th 2019 the case was dismissed after the claims were settled for an undisclosed sum