What's your badge number? Badge number? That says name. Okay. >> Now, what's your name? >> I'm not making any statements. >> You were the one driving up and down the street on the motorcycle? >> Uh I was on my gas bicycle. >> Okay, that's a gas-powered vehicle. You have to have a driver's license. >> Um no, you don't. Not when it's 50 cc and you have a permit for it. >> You've just witnessed how a 15-year-old dominated the police officers. However, that was just a tiny piece of a heated debate that lasted nearly 40 minutes. During which the young man emerged as the absolute victor by calmly shaming half the police station with his knowledge. On September 29th, 2019, the police received a report that a man named Michael Franchek had a dispute with his neighbor over his 15-year-old son, Jack, who was riding a motorbike around the neighborhood. The police immediately went to the location and upon questioning the neighbor, found out that Michael allegedly had a weapon tucked in his belt. When they arrived at the front door of the Franchek family's house, this happened. >> Can I help you? >> Hello. Are you uh Michael? >> Hi. Uh can I help you with something? >> Yeah. Uh we're here about a stolen bicycle. >> Officer Rodriguez. >> Uh first name? >> Jim. >> Jim, how are you, Jim? >> And your name? >> Please. >> Sure. >> Sorry? Badge number? >> What's that? >> Badge number, please. Let Let's go ahead and talk about the incident that you had out here a few minutes ago. >> I don't know what you're talking about. >> Okay. Just step down here for me. >> No, no. >> Yeah. No, no. Hey. >> You've just witnessed the moment that changed the course of this police intervention. After this, Michael began to struggle with the officers who were trying to forcibly remove him from his house. During this, they used a taser before handcuffing and arresting him. From this moment on, everything you see was filmed by his son, Jack, who bravely defended his father. >> This is unbelievable. >> No, I know. >> This is unbelievable. >> house without a search warrant. >> unbelievable. It's all on film. Get my camera. >> It's on my phone, too. >> my phone. He The whole thing is on film. >> You can take my phone. >> The whole thing is on film. Jack, follow me and record. >> All right, this way. >> Follow me and record. >> Okay. >> Give us space. >> I'm not >> Give us space. >> Okay. What's your space? What's your space? >> Jack, record the whole Oh, you're You're recording. Give us space. >> Does this look like enough space? >> If the police receive a tip that someone might have a weapon, especially following a dispute or argument, they will investigate it to ensure public safety. Now, regarding the house entry, an individual has a Fourth Amendment right, or to be more precise, protection against unreasonable searches and seizures in their home. Generally, police can't enter a person's home without a warrant or consent. But, there is something called exigent circumstances, which refers to situations that demand immediate action, and thus may justify certain actions by law enforcement that would otherwise require a warrant. They are exceptions to the Fourth Amendment's warrant requirement under the US Constitution. The validity of exigent circumstances in this case would depend on the specifics of the situation and could be challenged in court. >> I didn't resist. >> I know. >> I didn't do it. You know. >> See, he acknowledged that you didn't resist, Jack. >> Yeah, I have it on video. >> I didn't resist. >> asked you to stop, right? >> I didn't I didn't do anything against your instructions. You came This guy came into my house without a warrant, without any probable cause. >> Let me just talk for a second. >> I said, "I don't know anything." And he tackled me in my house. He recorded the whole thing. This guy is out of control. >> Okay. >> What's your badge What's What's your name? >> Step back. >> I'M NOT >> LOOK, LOOK, HE JUST TOUCHED ME. >> YOU CAN RECORD ALL YOU WANT, BUT YOU'RE STEPPING back right now. >> This guy is Hey, hey, hey, don't touch me. Stop harassing me. >> I'm trying to talk to you, cuz >> We're just trying to We're >> I'm videoing this. You can Please stay out of my personal space. >> No. >> Yes. >> You're You're not going to You're not going to interfere with what we're doing. >> This is my property, believe You're not going to interfere with an arrest. >> I'm chill. I've been chilling >> You can record all you want, but you're not going to get close to what they're doing. >> I'm on my property. MOVE OUT OF MY personal space. >> I'm going to stand right here. >> This is my personal space. >> I'm going to stand right here. >> Please move. You're in my personal space. What's your name? >> Yeah, I do not need to give you that. >> Yeah, you do. >> For what reason? I know I'm involved with this. Yes, but this guy threatened me and called the cops on you. And what's your What's your badge number? What's your name? What's your badge number? Badge number. That's his name. >> Now, what's your name? >> I'm not making any statements. >> You're not making any statements? >> Nope. >> Okay, I have the right to identify you. You understand that, right? >> Then you can search up my face, and you can search up my record. >> Okay. >> Okay. >> Well, you're going to sit tight for me. You're not going anywhere. >> I can go in my house if I want. Am I detained? >> You're detained. >> For what reason? For what That guy threatening me? Why isn't that guy going to jail? That guy threatened to beat me in his So, why aren't you guys arresting him? Why aren't you talking? Yeah. He can just lie? >> It's clear that Jack has a relatively good understanding of the law and knows his rights well. Also, the way he behaves towards the police is excellent because he achieves what he wants without giving them a reason to react negatively. Now, let's take a look at the behavior of the police. Um it's evident that they are aware that the whole situation is a bit blown out of proportion and that they reacted inappropriately. The camera even caught one officer saying, "I know." when Michael stated he didn't resist. Officer Rodriguez, who led the arrest and chaos in the house, is visibly nervous and at one point is even aggressive towards Jack. Let's remember Jack is only 15 years old, and the only threats to the police at the moment are Jack's knowledge and his cell phone. >> Step back. Do not step forward. What did I just tell you? >> Please get out of my space. >> I do not have to. You cannot interfere with what we're doing. >> I'm not interfering when I'm on my property. >> step towards the car. >> I'm not. Then you've got my own >> step towards the car. I told you not to. >> Hey. >> Hey, hey, hey. >> Stay back. >> I'm going in my house. >> Stay back. >> I'm going in. >> If you try and come past me, you're going to go on the ground face first. Do you understand me? >> Okay, and then I'm going to file a complaint against you. Go get your camera. Yes. I'm allowing you to do that, but you cannot walk in my house. Okay. Bye. >> When interacting with minors, officers should exercise greater caution. Threats, especially ones that involve potential physical harm like the one made by Officer Rodriguez, are problematic both legally and ethically. If Jack felt threatened, the officer could potentially face legal consequences. Any use of force by police, including a gentle push, must be justifiable. Police can't use force merely because someone is recording them or because they find it irritating. In the US, citizens generally have a First Amendment right to record police officers performing their official duties in public spaces as long as the recording does not interfere with the officer's duties or endanger anyone. >> I have three cops on me and I'm 15 years old. Cuz you guys intruded my house. >> Cuz you're out of town. So you were the one driving up and down the street on a motorcycle? >> Uh I was on my gas bicycle. >> Okay, that's gas power vehicle. You have to have a driver's license. >> Um no, you don't. Not when it's 50 cc and you have a permit for it. >> But we tried to come here to ask a question and find out what's going on because what we got told is a gun was involved in this incident. So we're going to take this a little bit >> No gun No gun was involved. Not at all. I don't know why you have to >> We don't know that when we get here. We don't know that. That's what >> That's what I'm saying. >> I understand that. Yes, I totally understand that, but you can't just tackle him, okay? >> But when he's told to stop, he has to stop. That's a lawful command by an officer. >> can get physical. >> Okay? >> But you can't just come in the house without a warrant. >> Yes, we have to control the situation. >> Do you have a search warrant? >> We don't need a search warrant. >> Yes, you do to violate to come in my house. to go to school and learn >> I already know the law. >> Okay. >> Okay. Okay. Please don't talk to me so I'm get out of my way. Okay. >> This is my case. >> That's your case? >> I'll talk to you as much as I want. >> Okay. Well, I'm not going to respond to you. >> You don't have to respond to me, but I can talk to you. >> Have a good day. >> Okay. We'll talk to >> Here Jack explains how the argument between the neighbor and his father started. In short, Jack was riding around which irritated the neighbor. The neighbor started threatening him and that's when Jack's father got involved telling the neighbor not to get in his face or he would have to defend himself. That's basically it. There was no weapon involved. >> Um we walked back inside and uh yeah. And now you guys are here coming in the house. And I don't know why he's detained. I don't know why he's getting arrested. >> Well, that's I'm not going to get into that and talk to you about that. It's >> Well, you can cuz he's my dad and it was on my property, but >> Okay. Well, it's not your property. It's your dad's, but we're not going to get in that case. >> Actually, technically it is cuz I'm underneath his guardian, so >> Okay. Well, we're not going to get into that case. I'm just trying to find out where you know, what we're trying to get situated is what took place between you guys being >> Okay. And I'm filing a what's called on him because he touched me. When I did nothing. >> Okay. You want Do you want to have a like a actual conversation? >> Where Where's he going? >> To Summit County Jail. >> So okay. >> Okay. I'm more willing to talk to you, but I'm not going to play the stupid games. Okay? >> You kind of are. Cuz >> Okay. We're done. Okay? >> Okay. Can I have the case number right now? >> Huh? >> Can I have uh where >> I can give it to your dad. >> No, no, right now. I need it here. >> Okay. I'll tell you what. You can go in the house. You can do whatever, but we're done with you guys. You guys aren't being cooperative. We'll leave it at that. >> It seems that on the contrary, Officer Rodriguez is bothered by the fact that Jack talks a lot and knows a lot. As already mentioned, no weapon was involved in this entire situation. There wasn't even a physical altercation, so Mr. Michael was unjustifiably treated as some kind of threat. It's incredible how Jack is capable of silencing every officer around him. If you look closely at their body language and reactions, you'll see that Jack, with his knowledge and verbal skills, puts them in a very uncomfortable situation. Let's see what else Jack will find out from the officer when he starts questioning him about the weapon. >> You know, I don't know if there's an issue going on with neighbors and like with your dad and that guy. I I don't know what's going on. >> This is the first confronta- the first time we've ever seen him, met him, heard of him, >> Okay. >> looked at him. Like, All right. And the first thing I hear is him saying, "That bicycle is illegal. It's a 50cc and I have a permit for it." And I told him that. And he goes he goes, "Well, move out of the way or I'm going to beat your ass." So, that's the first confrontation we had. And all of a sudden, he's calling or I don't know if it's per- exactly him, you don't have to tell me, but saying that there's a gun involved. >> Okay. It I'll tell you what. It It wasn't him. So, okay. >> Did he call? He called about something probably, right? >> Uh about the bikes and stuff and whatnot. Yeah. >> Probably, yes. But it's legal. >> But it was a There was There was other people that were just kind of watching cuz they heard the commotion. And then they just seen it tucked in the back waistband as you guys were walking back to the house. >> Good question. So, if he has if he has a concealed carry permit and permit or anyone here and they have a gun, isn't that legal? And you can open carry in the state of Utah, right? >> It is. >> Yes. >> But there are some but there's a difference between tucking it in your waistband, that is not open carry. That's That is a form of Open carry is seriously This is open carry. >> Yeah. >> Like it There is no structure to where it's being held. >> I I understand. >> once you tuck a weapon in like your waistband or anything >> have a concealed carry permit. >> You have to have a concealed concealed carry permit. >> Yeah. >> Now, the average Joe that's standing out here, if they see they they don't know. >> Yeah, you can't. >> And all they know is there was an argument. >> Yep. >> And there was a a what they call confrontation possible weapon. >> Well, yes. >> Yeah, we need to find out what's going >> I understand that. Yes, I totally understand that. Like you don't know if there's a gun being pointed at someone anything. You have to plan for the for the worst. >> So we just have to look at it and >> So I understand that. Yes, but >> So okay. So that's just where things are at. >> were you standing at the front door with >> I was standing on the sidewalk. So >> Who was with him at the front door? >> Well, eventually everybody was at the front door. >> Well, first two when two people both knocked on the door. >> So he was standing on the porch and I was standing out on the sidewalk in front of your your porch. >> And can you tell me why he tackled him into the house? Why he tackled him into the house? >> He was told to stop. >> I saw him with his arm behind his back and twisted all around saying >> tackling. That's not tackling. >> And I heard that something that there was big smacks and stuff like that. So Yeah, I know that's a taser, but I know, but but I was I'm still talking. Can you please not interrupt me? Um So I was I heard all this stuff and then all of a sudden you guys were in the house. Did he allow you guys to come in the house? >> Okay, I'm not going to get into that with you. >> Okay, cuz you cuz you know that you guys came in illegally. >> If Mr. Franchek has a valid concealed firearm permit in Utah, he would be allowed to carry a firearm concealed including in his waistband. Utah also does allow open carry of firearms if the firearm is two actions away from firing. For semi-automatic firearms, this typically means carrying without a round chambered. However, if the firearm is concealed, then the aforementioned CFP is necessary. If someone knowingly lied to the police about Mr. Franchek having a weapon, they could potentially face legal consequences. Now let's look at the very end of the discussion and see what happened after all of this. >> So what's your name? >> Uh you already figured it out. So >> I figured it out? >> You already got it from him. >> Did we get his identification? >> Yeah. >> He didn't give it to us. >> You have his last name and you figured out my first name, so. >> So, I'll screen this for no disclosure of ID. >> I Okay. I literally said I don't make statements. You're like begging me for my identification. I'm I'm not talking to you. I'm not talking to you. >> Jack, let me explain something to you, Jack. Jack, the reason we're here is because of you racing your motorcycle or your gas-powered bike or whatever. >> That has a That I have a permit for. >> Okay. >> So, I don't know why you're here. You're here You're here because he told me because someone called the cops saying that there was a gun involved. So, you don't have to lie because I know that guy. >> No, we found out there was a gun involved later. >> No, when someone called. You You got He told me you guys came here for that. I have it on video. You I don't care. You guys can say whatever. Okay, you too. Fail here for identification when my dad literally said his name is Jack Franchek. Okay. >> Ultimately, Michael Franchek was arrested and charged with interfering with an arresting officer, failure to disclose his identity, and disorderly conduct. However, these charges were dropped soon after the arrest. Following this, Franchek filed a federal lawsuit against Park City alleging that his and his son's civil rights were violated during the confrontation. Officer Rodriguez was found in violation of five acts of procedural misconduct after a detailed investigation. Three Park City police officers were found guilty of a total of nine violations by Internal Affairs. And for the very end, Sergeant Cameron Thor was fired from service.