even though we as a people fight strongly against police brutality and Injustice this is unfortunately often not enough things need to change from within and that will only happen when one cop corrects another cop's mistake today we will look at three good examples of this on July 26th 2021 officer David Lance Dukes of the Orangeburg Department of Public Safety responded to a call about a person banging on a townhouse door allegedly armed upon arrival officer Dukes quickly drew his weapon and directed 58-year-old disabled man Clarence yard and his cousin Mario Julian in the adjacent parking lot to the ground hey let me see your hands B get on the ground get on the ground get on the ground right here me get on the ground you burgy shark get on the ground over here on the ground on the ground get on the ground do you not listen get on the ground Mr gilard attempting to follow officer dukes's orders got on his hands and knees however officer Dukes used Force pushing him to the ground and causing injury in the 1989 Graham versus Connor case the Supreme Court emphasized the need for police force to be reasonable recent rulings like Armstrong versus Village of Pinehurst 2016 St that non-compliance justifies some Force but the level depends on the situation in this case the severity of the crime was low and Mr gilard posed no immediate threat despite attempting to comply he faced unjustified force from officer Dukes there a gun back there a no gun by that truck no gun you're not listening dude you got a gun on you man no I ain't got no gun I don't want no gun turn back over you watch him he had something I a no the doorlock no he was right here watch him go watch him there it is all right that's what he had all right who's the complain it all right get up get get him up put your leg 25 got one t put your leg that way so you stand all right listen I'm about to help hold on hold on hold on all right ready one two 3 all right yep yep they slam my head down on the cement y go back inside go back in the house go back in the house ain't nobody talking to you I got head Dr go back in the house yeah y'all bust my head down I've been in accident yep y'all bust my head down you throw me down I sure did you was listen Y no it a you had to throw me down like that I'm disability okay I got head problem y you throw me down yep you throw me down you throw me down yep you bust my head down on the she BR my head forehead BR my head down on the se he was he was in front of the car when I came up he was walking like this and I I thought it was a gun at first I said drop the gun drop the gun drop the gun drop the gun had him at gun point he's over here doing something like this you my head what he was doing is putting this up behind the tire so he comes over right here got his hands in his I'm tell him let me see your hands let me see your hands let me see your hands Fu my head he wasn't listening he got the like this right here we went the ground officer Dukes claims Mr gilard had a gun instructing him to drop it but body cam footage contradicts this showing Mr Gail yard's hands above his head while officer Dukes alleged Mr gilard ignored commands to show his hands the incident reports from Corporal Smith and Sergeant poor do not mention such instructions notably officer Dukes didn't clarify the method used to subdue Mr Gailard reports differ on whether officer Dukes pushed him to the ground or stomped on his neck the body camera footage and reports from colleagues conflict with officer dukes's explanation to his commanding officer my here hit the C right could you bust me down on the where is the complainant you bust my head down right here my where's the complainant to get complain we come check him out nothing here charg who called I'm not sure take him out his cuffs right now I mean cuz that's what we got have to use the force yeah no doubt yeah I didn't know where his in was the force you need WR slam my head now what myad damn mayor I'm going take that into evidence of what he had what well I mean his you know that's that's the reasons I did what I did got no gun or nothing you know what I'm saying that's where I'm coming from got no gun or nothing because when he was behind the truck I couldn't see what he was doing and I didn't know where that ain't nothing there where that went if it was still in his pockets when he come around that car with his hands in his pockets off on camera that's gold so he can come out of C yes take him out of anle yeah he come out oh Lord [Music] you mind looking good how are you what's going on offic slam down in the okay you can I get a car from you I don't have one man we don't have they don't give us cards okay what's your badge number 1059 let me see if I can get my phone hold on hold on we we we have cars thank you Hospital yeah Brandon he can get his stuff off the car9 the city of Orangeburg and 58-year-old Clarence gilard reached a $650,000 settlement in a lawsuit brought by the aggrieved party officer David Lance Dukes was fired for failing to follow departmental rules and arrested on July 31st 2021 on charges of assault and battery in the first degree the charges against the former officer who was released after posting bail have not been dropped but there have been no updates to his court records since then on May 17th 2020 First Amendment auditor John Mitchell was recording the exterior of the St Louis Park Police Department in St Louis Park Minnesota when officer Todd Hines approached him hello what's going on not much just walking around videotaping the police department is not a good idea why you guys are friendly people we are but why are we doing this why wouldn't we cuz it's a security issue for us is it it is I don't think so it is it's public property it is public property but when you start recording our perimeter and our gates and what our activities are it's a it's a concern to us I've only been here for about 15 minutes right we had officers that drove by and saw you pulling out of here walking out of here and said that you were recording them as they left I did yeah and that's an issue why are we doing that I don't have to have a reason you don't have a reason I don't have to have one okay do you have a driver's license I could see I don't what is your name I'm not going to give that to you you're not going to give it to me no why would I give it to you I haven't done anything wrong well you're recording our property you're recording our building sure and it's a security issue for us am I being detained you are okay until I can get you identified find your reason I want to make sure you're not doing something that's a problem for our law enforcement community so in order to detain somebody you have to have a law that you're investigating correct so which law are you what what law do you suspect me of breaking Law Enforcement Officers don't require suspicion of a specific crime to establish Reasonable Suspicion as outlined in the Supreme Court cour case Terry versus Ohio this decision introduced a two-step analysis for stop and frisk situations based on specific and articulable facts Reasonable Suspicion is formed if an officer believes a crime is a foot drawing on observations training and experience in situations where the suspected crime is violent or the officer believes the suspect is armed and dangerous a Frisk may be conducted even legal activity can contribute to Reasonable Suspicion when combined with other suspicious factors as established in the 1968 Case C Bron versus New York in the case of Mr Mitchell filming a public building officer hines's suspicion does not meet the required level for detaining Mr Mitchell the inference that filming equates to breaching security is not a reasonable basis for a police intrusion are you looking to create a problem here for us or no not at all I'm being poite and cordial I'm being polite and cordial too so I'm asking so we can identify you I don't need to and be on our way why would I need to identify myself cuz I'm asking you to identify yourself what's your name and badge number my name is Todd Hines my badge number is 200 okay your name and badge recording you just like you're recording okay good so okay well I mean I'd like to be on my way to go I mean you have to have you're refusing to identify yourself well there's no need to 30 96 can we get are you a supervisor not okay you just called for a supervisor I did very good thank you I appreciate that yeah you bet I'm not I don't have any ill will I'm not here to hurt anybody I'm not AR problem with identifying yourself I don't need to you don't need to no it's my right to not oh so you're looking to create problems is what you're doing no you're just accusing me of that absolutely because you're refusing to identify yourself that's not against the law it's obstructing legal process if we have a reason to ask you Minnesota lacks stop and identify statutes the statute in Minnesota prohibits intentionally obstructing legal processes in this case officer Hines lacked the authority to demand Mr Mitchell's ID rendering the command unlawful and potentially invalidating any charge officer Hines appears to use this code to work around the state's absence of failure to identify statutes citing Reasonable Suspicion based on the opinion that Mr Mitchell is looking to create problems what's your reason I've asked you identify you I just told you but I asked you you're recording our property I have to identify myself correct and I have to identify myself yourself if you have a reasonable articulable suspicion and what is that you're looking to create problems is what you're doing is that what I'm doing by just filming and exercising My First Amendment right that is my opinion yes okay well the good thing is the law doesn't go off your opinion but it does when you're obstructing our requests you can't you you can request right but it's not a lawful order it is a lawful order at this point if you if and as soon as my sergeant gets up he's going to tell you the same thing okay okay this gentleman's got a First Amendment right he says to videotape our activities around the police department and is refusing to identify himself so that we know who we're dealing okay you don't want to identify yourself who you are well I don't need to he said he doesn't suspect me of a crime or anything and I'm just I'm just asking no but no sir I don't I'm just asking okay we're good let's go okay have a my name is John by the way thanks take care guys cooperation American what's that than for cooperation Sergeant what was your uh name and badge number Sergeant badge number 239 thank you sir you have a good day when the sergeant arrived on the scene he chose to compromise rather than prolong the incident and he and his team walked away in August 2020 Shawn Porter protested Governor Larry Hogan in a Bowie intersection displaying a sign with insulting profanities Prince George's count count police initially approached him without issues later Bowie police officers McKenzie and Arnold arrived on the scene how you doing sir I don't want to give you a hard time or anything but I can't let you go of that sign I'm sorry the first amendment protects my free political speech you're Live on YouTube video and audio recorded that's fine sir I'm just your sign's a little bold It's upsetting people it doesn't matter you're not the Free Speech police I understand that I have a constitutionally protected right to say whatever I want I'm politically protesting Governor Larry Hogan it's my first amendment right on the right to petition my right to redress of grievances and my right to file a complaint in any manner I feel fit by the way I'm not trespassing I'm on public property I'm on a public uh crosswalk I'm doing nothing wrong I got a sign that you find offensive that's not a laot where in the Maryland criminal code does it say you cannot have an offensive a political sign cuz free speech is not open to your your uh interpretation despite the lack of a clear legal definition the Supreme Court's understanding of obscenity began many years ago with a 1934 case over time the Court established the Miller test a three-part standard for evaluating obscenity in 1973 in the 1971 case of Coen V California the Supreme Court held that profanity is protected under the First Amendment given Mr Porter's sign expressing political dissent it was unlikely to be considered obscene the Supreme Court has consistently upheld the right to use profanity in protest thus Mr Porter has the right to protest with his sign regardless of the potential offense I understand we just got to call for it and I I understand you got to call you made your best shot I'm not leaving cuz I haven't broken any laws hey okay there's a thing called disly conduct I can't hear you there's a thing called disly conduct if somebody finds your your sign and your actions to be disorderly in public okay then that is a charge and we can ask you to leave and they to do that you can get arrested uh get your commanding officer out here cuz cuz this is uh political free speech and I'm protected on the First Amendment why are you shaking so much are you are you on the inflence anything oh now you're going that route trying to say I'm on drugs I'm asking you you're Shak them like a Lea sir we're not trying to be nasty to you or anything like that it's free speech and you can't do anything about call your State's Attorney's office I talk to my lawyers every day I'm in the newspapers every State's Attorney's Office reviewed it and said you can't do anything about it's free speech you're not even supposed to be talking to me I'm not I'm not arguing I'm AR that you're right you're right about Free Speech we have a call because people are offended by your sign but I didn't offend them they offended themselves by not liking the choice of words I have for the governor okay you live on your sir I'm not making any statements okay other than the fact I haven't committed any crimes and you know it Hey sir I never said you committed a crime you said I was disord orderly in public and I'm not no actually I didn't say that I'm engaged in constitutionally protected activity and you cannot make any law that will infringe upon it nor apply any law that infringes upon it sir all I did was tell you why I'm here I called about your sign this guy said uh I'm disorderly I said somebody finds their actions to be disordered then they would be disordered right no absolutely not my my free speech is not contingent upon someone else's emotions you know that I have a question for you we haven't been that to you at all we've come here to talk to he said he's going to arrest me for disorderly I didn't say that I said someone finds your actions to be disorderly and disturbing of the piece I'm sorry but they're not judge jury an executioner arrested could be could be that's all I'm saying I'm engaged in constitutionally protected activities there was an if oh you're giving me what ifs and hypotheticals now that's right all right let me explain something to you I'm engaged in constitutionally protected activity okay and I'm not out here protesting you guys are so why are you all so personally pissed off that I don't like Governor Hogan I'm not not matter I don't like them I mean is my sign not not is it too subtle you're entitled to your opinion I'm entitled to be protected by the First Amendment wrap it around me like a big old blanket while I stand out here with my my giant Larry Hogan sign I don't like the governor I um I won't comment on that sort of stuff I'm just doing my job got understand we're here for a call for service we're not here CU we want to be right oh you're here cuz you want to be you should have told him there's no crime you should have said there's no crime we have to come out for everything if we get a call we have to come we have to come out that's it Mr Porter suggests informing 911 callers about the legality of his protest instead of police responding to every call officer McKenzie argues they must respond to all calls revealing communication inefficiencies the lack of national regulations for dispatcher training allows variations in state requirements mandating training on civil rights could prevent unne necessary responses to Legal protests officer McKenzie's claim contradicts the 2004 Warren versus District of Colombia case which ruled that law enforcement has no general duty to provide specific individuals with services this interaction highlights potential issues with unproductive policies what was your name officer McKenzie McKenzie yes sir Arnold B Arnold am I being detained no I'm free to go I'm free to continue protesting also we free to stay here too absolutely it's a free country I'm glad you know that make sure you recognize that when you try to charge me with disorderly conduct because you don't like the content of my free speech why are you being nasty because I don't like it when cops try and tell me what is and is not allowed on a political sign he didn't do that he told this guy did he said that my free speech could be considered disorderly cuz someone got offended and has thin skin I'm sorry but every person on on Facebook named Karen doesn't determine my free speech rights I mean seriously I mean a nasty dude do you know that I I am a nasty dude you know if you if you want to get your point across if you're just a little ncer to people why would I care this is my this is my message verbatim this is right from my heart well this is my deep felt political belief it's my protected free speech and I'm going to continue to display the wrong way what's the right way be kind be kind to us we haven't been nasty to you at all this guy said he's going to arrest me for disorderly to arrest you rewind the tape I said you could be if someone found your conduct to be disorderly and disturbing their peace okay that is the law so as long as you're not jumping in traffic or causing any harm to people or running with Scissors or taking candy from strangers getting in the back of a van I know you say whatever you say you want to stand here and hold the sign that's what I'm going to do okay all right we there have a nice day hey you too buddy I will nice meeting you sir same to you have a good day you too the two officers left the scene after being summoned by their supervisor Mr Porter continued his protest without incident he also did not file a formal complaint you can find links to the original videos in the description take care and stay safe