on June 8th 2024 officer Ronald lumier and several other members of the Newport Police Department responded to an assault incident in a parking lot outside a Newport Kentucky apartment complex where Brandon rag lived while the officers were conducting their investigation Mr rag made comments toward them from the balcony of his girlfriend's apartment which was situated in the same building the entire interaction was recorded on the officer's body body cameras I don't have a rack you have a rack sir I don't I don't even have a car here you guys don't even have like a paper tow I'm on foot hey I didn't know that I was just sitting on my bike and she came up the other girl just started swinging on it figure it out figure the so I had a guy come up yesterday screaming at us because jerseys were so loud and we just talked to man back he comes up doing the same type figure it out he's like do what so he was gone he was gone and I was just dude I'm like just come up and talk to me I'll tell you turning it off right now told if you just would to come ask me about it you know what I mean hey love you hey time for you to quit hey if you yell again I'm going to arrest you hey stop right now your is going to go to jail I didn't do anything I don't care you're agging it on stop then what would be the reason for jail disly conduct but I didn't yes you did if you want to test the waters you'll go cuffs okay all right we're almost out of here enough [Applause] keep it up I'll take you to jail yeah absolutely an officer threatened to arrest both the assault victim and Mr rgg for disorderly conduct in Kentucky disorderly conduct includes causing public annoyance or creating a hazardous situation without a valid reason even though Mr Ray was on a private balcony his remarks were loud enough to be heard in public which could be considered disruptive courts have ruled that noise from private areas like patios or balconies can still count as public disturbances if it affects others whether the noise is unreasonable depends on factors like volume time and location and is typically decided by a jury if a court found their speech excessively loud for the situation both Mr Rag and the assault victim could potentially be convicted of disorderly conduct WR who lives in apartment 328 I don't know we're out here trying to deal with something Park some guys's up on their balcony yelling trying to insinuate or Insight everybody else to fight and cause problems so we're here trying to arrest okay you I can hear them in there they were all talking on that balcony until somebody came up knocked on that door didn't they big man hid no I came in and work a detail and they just had an incident happen over at Holiday House parking lot and we're out trying to deal with it and this idiot right here comes out on the balcony and starts screaming everybody and he's been told more multiple times to come back inside and cut it out and he want to sit there and just keep jaw jacking so if we can get inside this apartment he's going to jail if anyone else is in there this is considered hindering the officer claimed that refusing to open the door could be considered hindering an arrest however under the Law Officers generally need a warrant to enter a home unless they have consent or urgent circumstances simply not opening the door does not automatically qualify as obstructing an arrest unless a person is actively hiding or assisting a suspect sorry to sorry to wake you in the middle this guy's he's pushed the bar too far tonight so this is Sierra steps apartment okay well her apartment has caused nine kinds of chaos here tonight just FYI I don't know what you want to do on your end about it but 328 is a problem yeah Sierra I need you to come to the door this officer laer Newport Police all right if I get anything out here I'll holler at you Sierra step come out to the door and talk to me so who's in our apartment right now nobody's there is somebody in there I door right now for you guys you guys are welcome to look so where did your bu go in the red shirt yeah where's he at I know Melissa we're getting ready to look at the cameras no that's fine that's fine I don't know what happened but so where's he at cuz you you got options to work with us or be hindering I'll work with you guys as much as you want so where did he go cuz you're coming from that way so where did he go I live down the hall well I on here you guys go guys actually no [ __ ] that I'm not letting you guys go in there we're not going to go in there but if he's in there he be not nobody's in there that's fine but we're just going to get a warrant we'll go in anyway pretty sure he just ch is it really that big of a deal absolutely absolutely it's him he just changed shirts yeah was that D you're s it's funny yeah that was a stupid move got turn around D what do you mean it's obviously you I live down the hall I Sierra's boyfriend what apartment do you live in 3 357 what's your name Brandon reig you can ask Melissa I live right on the hole so how come you can call her I am calling her yeah do it so I I can unlock my apartment right now for you guys no we believe you but it was obvious that we were it was is Brandon ready 350 what 357 okay I'm pretty sure it was him out there on the the the balcony y at us so I think we figured it out here anyways I'll I'll H back at you after wear my brother's a lieutenant and SPS I I respect all right work thank no no no trust me you going make me go pull these video cameras list is getting up right now I mean dude here's the thing here's the thing we know it was you all right no you don't you want to make a bet I can find out real quick there's no cameras in here yeah you I used to live here I know there is live here so did I I Liv here for two years I know there's cameras here yeah there's cameras here but not between my apartment and her so you're not going to how about you had a drink tonight I live here sorry I'm hearing a RIS are you serious absolutely out there you didn't listen this I live here you shouldn't be on really we work with you I'm trying to work with you I am trying to work with you guys you guys are really going to for this the officer arrested Mr Rag and later cited him for public intoxication however for a public intoxication charge a person must be visibly intoxicated in a public place to the extent that they pose a danger or cause unreasonable annoyance since the hallway of a locked apartment building is typically only accessible to Residents and their guests Mr Ray could argue that it was not a public place additionally merely being intoxicated is not enough for a conviction there must be Behavior indicating a threat or disturbance I live here act you this is fine this is crazy come on like seriously this is crazy that's my old idea that's my new one they're both real I got to that no you're good seriously guys all right come on [Music] I know I promise I promise I do you care if I put him in the back of your car run get my car I'll come back over here and get him that way I don't have to walk all the way over in front of the ly tell right out y you guys okay got Mr rag was charged with public drunkenness the charge was dismissed with prejudice in October on December 10th 2024 he filed a federal lawsuit against the officer and the Newport Police Department alleging first and Fourth Amendment violations including retaliation unlawful arrest excessive force and Battery the lawsuit is still pending on November 3rd 2024 Idaho Falls residents Kyle Adams and Angel Graham returned home to find Angel's brother Jericho Graham visiting Jericho a convicted felon on parole in Hawaii violated his parole by traveling to Idaho Police acting on a tip arrived at the home shortly after Kyle and Angel and the encounter was recorded on Sergeant David shaner's body camera is that better oh hello hold on putting kids to bed hold on let me turn this on hi hi Angel how you doing I'm good how are you hey that was Jericho Jericho's inside oh yeah open the door I will I'm going to kick it in about three I have I have two in there pleas open the door I will open it I have K I have kids I have kids jich I have kids I have kids please I have kids I I I have kids why we opening doors it's private property I have kids I have kids walk to us you're under arrest Jer that's not that's not Jericho I'm not Jero this officer just kicked open the door and she had the opportunity to open and she refused no that's not where's your warrant Jericho has a warrant get them up where is your paper warrant offer I don't need it hey you know what you're detained come here come here you're being detained come here to be reason come here my kids are right here no that's not how this works in real life watch the back and I'm staying out of the way thank you down and be quiet I'm recording this whole thing though okay he has a warrant for fell possession where's your where's your uh paper come here right now do I need to come in there and arrest you in front of your kids please don't come out here show me the paper War stop I don't need a paper warrant he has a warrant Fen in possession of the firearm which is my my gun was Sergeant chainer claimed a warrant wasn't needed to enter the home due to Mr Graham's felony arrest warrant however an arrest warrant doesn't permit entry into a third party's home without exigent circumstances consent or a search warrant exigent circumstances like emergencies requiring immediate action must be clearly Justified and courts have ruled they cannot rely solely on a fugitive's location or past Danger The Hot Pursuit exception also doesn't apply as officers saw Mr Graham inside the home and were not pursuing him from a public place without strong evidence of exigency or efforts to obtain a warrant the entry is unlikely to be deemed lawful I promise do you want to be detained don't do this please okay knock it off please Kyle Jericho Kyle come to the sound of my voice I need you guys out of here because he's dangerous I'm going to come and get you here in a second there's no weapons I promise I'm going to come and get you in a second unless you come to me right now I promise there's kids here they're right I know my right yeah do you because there's a f a felon in here with a warrant are the kids right okay you're going to detain me I am going to holding next to my kids no I'm not I'm going to detain you because of how you're acting right now doing but I know you can't step putting here without a war a paper warrant Jericho I'm recording this all yeah so are we dude okay come here you're bothering me come here you're a safety issue now I come here stand up I'm not do anything N I am not doing absolutely anything I'll put my hands towards like Pals can I put my Palms together like you're like you want me to yeah I'm not is he stay up yes you do he's up there right now okay here though okay stop can you please grab my phonee I'm not res I'm not no fine do you have a vehicle or something I can put the kids in for what because we're so they're not sitting there with a guy if he doesn't come out yeah because you guys think it's okay to hang out with B that are wanted do you have a vehicle that they and you allowed where where's your War's my brother do you have a vehicle that they can go into so you can step into a house without a yes I can blank okay it's C good Lord dude I am not I'm making about the he he could give a [ __ ] L you want the key do you not understand I'm just I'm everything was going to be until you created this problem I'm being quiet do you get this hold on or are you that thick that you can't understand it this is my brother we have nothing my okay you're his attitude is the problem here understand anyone else inside the house other than Jericho no these are the only kids just I'm not we just got homeo you are under arrest come after to the sound of my voice now pull a patrol car up so they can stay warm I have my keys right so they're not sitting okay I would like badge numbers and everything from yeah Kyle you know what we'll we'll we'll get to all that I'm not being with you sir dude I want you to stop talking okay I want you to stop are your we're going to pull up a vehicle so they can sit in there so you guys can all sit in there and not be cold out here I'm going to try to make this easy okay okay because I'm pretty close to just calling SWAT and filling this house full of gas and breaking all the windows and I'd rather not do that I will get M go toy I just got home I will I don't want to do that I don't want to do that right you heard me right like I want I don't want you to cooperate because like right now because of what happened with the door and you not opening the door I can take you right now for felony harboring okay I would rather you cooperate and get him out of here so let me talk to him Sergeant Shaner argued that Miss Graham could be arrested for felony harboring under Idaho law for not letting officers inside to arrest Mr Graham Idaho courts have upheld the statute for those harboring felons including parole violators however prior cases like State V Teasley involved officers with a search warrant which was absent here without a warrant exigent circumstances or consent officers cannot lawfully enter a third party's home miss Graham did not refuse entry outright but asked off officers to wait until children were moved from the living room even if her actions were interpreted as refusal she could argue she was exercising her Fourth Amendment rights as the officers lacked the authority to enter without her consent Angel come with me okay it's okay hold on do we have eyes on him anyway it's okay mlan saw him go into a bathroom and then the light went out it's okay okay I'm just going to we're just going to wait right here I'm going to make an announcement okay that's fine Jericho the Seattle Falls Police Department you are under arrest here's what's going to happen this is your sister's house if you do not give yourself up we are going to break every window in this house we are going to fill this house with gas we are going to have a dog bite you every bad thing you can think of is going to happen is going to happen so why don't you be a good brother and a man who's not a little coward okay okay there are no weapons in this house just so you know so I will go he's coming outle it's okay we need to see your hands Jericho hands first come here walk towards come here walk towards me keep your hands where we can see him walk towards me keep your hands where I can see them keep walking keep coming you are under arrest keep coming towards me no keep coming towards me okay stop turn around put your hands behind your back on your knees J get on your knees should get on your knees oh I got a back shoulder go down I'm going to going to come in yep I got a really bad shoulder I I got it hey please easy with easy with together put your hands together I can't hey I'm not going to read this well you already did that oh please you got to bring your hand over boss I I can't really with my shoulder like if you guys can double up we got it we got it yeah which one's which one's my left one left one you want me to help you up on the right yes please yeah all right okay a favor what I give my sister a hug well she'll give you a hug yeah yes go ahead and SL slide your feet in there yeah know I can't myself in I just want to spend time with my family okay let's go you have a vehicle we can put him in uh yeah I think going any kids yeah it's okay I just I don't yeah no this is scary I'm sorry they don't know anything I just so kiddos you guys can go inside I'm going to put him in the car and then I'm going to come back and talk to youall okay sorry about that hey thank you thank you I'm I'm not I'm not a danger you know I got you I mean I I got I got trouble almost February 11th will be 10th okay then is my sister's birthday that's my best friend I got you so struggled with relationship I got you man and I just took off at it you know mhm so part of the problem right is that you your warrant is forfill in possession of firearms so we don't we don't know you right oh oh from about 10 years agoes that makes sense like we don't know you so I see that and I think he's he's probably armed so we have to kind of it that way no I'm just I'm just know the process okay and so like that's that's kind of that's part of it yeah and I took a guys don't need to I did that just to be able to take a plea agreement you know I got you um I grew up Hunting Fishing you know I'm going to shut this for now all right watch your knees we'll see if we can grab you a hat okay if Angel my sister if you can ask her if she can bring me the Hat I just want to tell her what she needs to do the call you know okay here watch your kns okay thank you guys okay angels in there right okay KY can I talk to you for a sec all right man hey can you look at me real quick I want to explain why things went the way they went you okay with that that go ahead okay all right so Jericho's got a warrant for fell in possession of firearm automatically a red flag right that's a violent warrant we have to consider him armed and dangerous we got Intel that he's here right so when I come up and he shuts the door and I tell Angel that's your brother he has a warrant and she knew he had a warrant already open the door and she said no wait wait wait I said no the door has to be open because I don't know if he's going to get a weapon okay does that make sense and so I have every right to kick the door every right to make sure that he and you and me you have every right to kick the door in that situation property open yeah really dude really dude no I'm sitting here trying to have like a one-on-one conversation withy to explain something I can have my First Amendment right and say whatever I want to I'm not being I'm not being okay so anyway when I go in there and we've got a guy why are you laughing dude Hey listen to Sergeant listen to you FOC we got him laugh like Ching dude you're the one who has the attitude right now okay so seriously when I kick the door and I've got a guy who's possibly going to find a weapon and you start flipping out in there I got to grab my phone my defense right and you start like flipping out and doing stuff like that you become part of the problem okay because now you're a major distraction got it you hear me y that's why you're in handcuffs that's why I'm debating whether to take take you to jail tonight or not for obstruction okay Sergeant Sher informed Mr Adams that he was handcuffed for objecting to the officers entering his home and might face charges for obstruction under Idaho law the law prohibits willfully resisting delaying or obstructing an officer performing official duties however Idaho courts have ruled that obstruction applies only when officers act lawfully if an officer's search is unlawful an individual has the right to peacefully resist without violating the statute even if a court considered Mr Adams's verbal objections as resistance which is debatable it's unlikely he could be lawfully arrested for obstruction as the warrantless entry he opposed was likely unlawful okay s TI Kyle yeah hey hi I talk to you guys for a second yes you know what I'm going to sit on the couch you're fine sorry about the scary night fellas you guys okay all right so my name is Sergeant Shaner and we got word that your uncle was here or not your uncle Angel's brother okay Angel's brother has a warrant out for his arrest you know what that means that means somewhere a judge signed a thing saying hey Jericho is not allowed to be walking around he has to answer for crimes that he's committed in the past the crime that he that the warrant was for is called felon in possession of a firearm there's certain people who can't own guns because they've committed they've committed certain crimes okay that's Jericho at this point that doesn't mean he's a bad man it just means that he did something at some point that disqualified him from having a gun at some point which is sure right just so we know there's no guns here there are not so what that means when I see that is that I don't know if Jericho has a gun or doesn't but I have to assume that he does for safety reasons right well when I come up here like I don't need to have a warrant to come into this house because Jericho's in here and he has a warrant so when Angel comes out to talk to me and I see Jericho shut the door and I say hey open the door because I don't know what Jericho is doing and I have to assume the worst which in some cases means the bad guy's going to get a gun and he's going to shoot me or he's going to take you guys hostage I'm not saying this is what happened obviously or what could happen but I don't scenario scenario so I have to be able to see the guy I have to be able to see Jericho and follow the rules and because Angel wouldn't open the door I kicked the door open all right to keep everybody safe myself you Jericho because I don't want Jericho to get hurt right I want a peaceful resolution so when I kick the door and your dad jumps up with his phone and starts freaking out and yelling and talking about rights and all these things because he doesn't understand he becomes part of the problem that's why your dad is in handcuffs right now doesn't mean your dad's going to jail doesn't mean he's under arrest he's just he was part of the problem I had to take him out of the problem does that make sense yeah what's up what does detain mean detain it's not the same as Arrest it means that you're just kind of like holding you just kind of got us it's like timeout that's a great example okay it's just kind of a timeout like you're not allowed to do anything unless I say you can do it does that make sense think I'm tall but not scary but he sounds scary cuz it's protecting but to can't time out okay all right so I wanted to make sure you guys understand all right do you guys understand a little bit now I never wanted even this to happen because it's yeah so Angel we have kind of a problem right I got take photos of this here that's fine is there a this light turn on yeah perfect that's great okay all right so the problem we have is that you knew he was here you knew he had a warrant and you wouldn't open the door I didn't know he had a warrant honestly I had a friend pick it up and or look I don't even know how to do it the thing is this is I told you you had a warrant and I told you to open the door and you didn't that meets the elements it make sense to me me that me I'm not I'm not arresting you right now going to submit that you'd be charged for harboring I beg that you don't because I honestly I didn't know so so Angel you you posted a social media post and somebody informed you he warrant I mean that there's that he told you there's a warrant they left they left a note on there about how he has a warrant and then you changed your post to not include his picture I understand that but a lot of people have Madness at him yeah I didn't know how to like look it up I didn't feel like I'm harboring I had to visitor he hasn't actually been sitting here he has some things here because it just I just barely saw him I don't know what to do I'm not taking any to jail tonight I could I'm not going to I'm not going to take Kyle to jail tonight what does that mean like I don't understand how it works I'm going to put it before her prosecutor and then if the prosecutor decides that you met your actions met the element offering they'll issue a warrant for your arrest the elements are what you did like I said I could take you right now you did know you deleted the the post you deleted the comment and you changed the post to not from other rest okay so he wanted a hat he asked if you would bring him a hat my brother yeah I'm going to take Kyle out of handcuffs and send him back in here like to the gel he can have a hat he can take a hat he's have a hat yeah the white one on the table that one right in the middle Angel right there right the middle by the little cage perfect this is Jericho's wallet he asked if you would take it I not I can look or Kyle I'm not sure yeah looks like it he asked for that no he asked you to to have it just have it yeah I got it okay so what is next so if you'll just like he wants to just see you he's in that car just walk to the cop go ahead and stand up for me I'm going take this off can I get a light over here yep you have any questions for me seey at the door is he a known Doper I don't know if he's a Doper he's he's been in Hawaii for a couple years now I think um I'm trying to I just look he doesn't have anything since like 2015 with us but he's got a bunch of stuff from Hawaii apparently angel you're right to go back inside I want to just make sure I didn't damage your door frame as well as the door so if I can just take a look at that real quick I just have to take a phot but I took a photo of the door already uh looks like looks like the door frames is that new or was that like that you destroy the door stop yeah no let's not let's not teach your kids something that's not true okay probably already done enough of that please stop thanks Angel have a good night guys despite Sergeant shaner's threats Mr Adams and Miss Graham were not charged contacting the Idaho Falls Police the next day Mr Adams was told that the incident was justified and that he could file a Tor suit for the damaged door he considered taking legal action but had not retained a lawyer