Man, you guys are dirty. >> We're going to be taking one party in to ID. >> Do you have a warrant? Why are you in here? >> It's not nice to meet you, man. I don't mess with you, but go to police. >> just put handcuffs on somebody cuz they didn't tell you what city they live in. >> What is your name? >> You don't need my name. >> I do. Give me some ID. >> Hello. Welcome back to the Lackluster Channel. Today, we have an update from a video I published 2 years ago about an incident that happened in 2020. The story actually finalized itself in 2025, but the settlement had a condition of confidentiality banning the state's alleged victim from talking about the case. But a good friend of the channel, Cops Did What, pressured the city with a series of record requests, and we finally learned what happened in the story of Carlos Bernal, a gym owner in Bogota, New Jersey who got arrested on the sidewalk in front of his own business. If you haven't seen the full video, I'll link it below. Here's the condensed version. On 9/11 in the year 2020 at 9:00 a.m., Carlos was on the sidewalk in front of his fitness center cleaning the mats before opening for the day. A local resident took issue with how much of the sidewalk was taken up by the mats and began arguing with Carlos. The man called the police and Officer Dueñas and Sergeant Cole of the Bogota Police Department arrived on scene. >> Daddy, chill. >> This guy over here, he takes up all the space. Bad enough we have trouble >> Excuse me, let me get out of the car first. >> Okay. >> Relax. >> Okay, now he's got >> Yeah. >> Okay, well well, calm calm down. >> Threatening me like that. Threatening me, bud. I pay taxes, man. >> So, what's going on, man? >> This is the situation. Bad enough with his tenants take up all the residents' space. >> Okay. All right, that's understandable. >> So, I'm walking my dog. I come back to there, he's got mats on the sidewalk. The dog steps on the mats and he's making a big issue. He gets your dog off the mats. I'm like, "Dude, this is a public, you know, it's a sidewalk." Then he starts with the cursing, threatening me. That's what he does. Okay, so I figured let me call the cops and make a follow report on this. Because if he comes up to me, I'm not going to let him up. >> Do you live around here? >> Right here. >> Oh, okay. >> Yeah, you know, and my girlfriend he I just took her to dialysis. I go through it, I've had enough with the parking, you know, trying to get handicapped but in the meantime this guy's got a mouth on him, though. >> I wish he would go in a cage. >> Okay. >> So he's got to figure him out. >> The officers walk down the street to speak with Carlos. >> So this is what happened. And this is all I'm going to say. He walked up to my mom and asked her if he could keep his stuff off the natural. He started to get salty. You have to have this, I do this, I do that, whatever, whatever. I argue with him, he called the cops. But there's nothing I can do about it. >> You got his info? >> I got his info. >> I don't have any idea. >> Carlos? Carlos? Carlos. Carlos. Carlos. >> Despite the absence of a crime, Carlos gives his name and date of birth but refuses to say what city he lived in. The officers demonstrate that they are unable to resolve a simple civil issue and manipulate Carlos's refusal to answer into a criminal act. >> That's all I got to say. All I have to say I don't need to answer any questions. >> Carlos, do you need to answer any questions right now? >> Yeah, I am. >> You're giving me a hard time. >> I'm I'm giving you a >> Yeah. What Did you get his information? >> Yeah, he got his information. He did. >> What did he What did he say to you guys? >> He was giving me a hard time and stuff. >> Carlos, I'm going to ask you one time what city you're a resident. >> I'm not asking you for your identification, I'm asking you for your location. >> What crime am I suspected of committing? >> You're violating the law. >> What law am I Oh. What crime am I suspected of committing? >> You're hiding people out here. You're not giving me >> Can you keep this civil? You can't lock me up. I'm not crying. That's not a crime. You cannot lock me up. Don't escalate this. I want to escalate this for your ID. Okay, did you just threaten to lock me up? Yes. Okay, let me give you my information. Go ahead, let me get yours. What's this? I'm going to give you my information. All right, let's go. Let's I'm going to give you Reach your pocket. I'm going to give you my information there. You know that you cannot I'm giving you my information. I'm giving you my information. YOU ALREADY SAID I WAS GIVING HIM MY INFORMATION. I said I was going to give him my information. Now you're you're disorderly. All right, get out. You're really going to handcuff me? Yes. Cuz you know what? You're acting up. For what reason? Okay. For no reason. All right, we didn't have to do this. You know that you can't do this. Get out your phone, please. Record. Record this. Record me. You don't want to give me your information? I'm asking you for a thing. Record me. Hurry up. And now you're being disorderly. Okay. Escalating it for no reason. I'm acting up. Okay. Okay. Okay. Hurry up. You're recording me. Sure. You can't handcuff me, sir. What are you handcuffing me for? Because I wouldn't give you my address? Yes. All right. You're handcuffing me No, nothing. Let's go. I'm asking you. I told you I'd handcuff you. >> Carlos is now handcuffed in front of his minor son and put into the cruiser. >> In front of my kid, bro? >> All right. You messed up. >> You don't want to talk to me, Rick? >> I don't need to talk to you. >> Okay, so we're not talking. >> need to talk to you. >> me. It's being recorded. >> I don't need to talk to you. I don't need to talk >> All right, so then let's not talk to each other. >> You put handcuffs on me cuz I wouldn't tell you where I live. >> Live? Okay. All right. >> You're being taken to the party in today. >> I put the handcuffs on you cuz you don't want to tell me your ID. You're >> No, no, I told you my name. I didn't have to tell you where I live. I'm not suspected of committing a good crime. >> I didn't ask you where you live. I asked the city. >> Yeah, we I'm not suspected of committing a crime. I do not need to speak to you. >> Okay. You think I don't know the law, BOY? YOU MESSED UP. OH, YOU MESSED UP. CAN'T JUST PUT HANDCUFFS ON SOMEBODY CUZ THEY didn't tell you what city they live in. What crime was I suspected of committing? >> He said think about how crucial >> [clears throat] >> Can't just stop somebody and ask them questions when you want. What crime was I suspected of committing? You know you messed up, boss. You must think you're dealing with somebody stupid. >> [snorts] >> And and we're being recorded and you just said that. I I handcuffed you because you wouldn't tell me what city you lived in. You really said that? Holy cow. Scott doesn't even know his own job. Carlos was then transported to the local jail without a seatbelt. No, you got to tell me what crime I'm suspected of committing. >> you got to tell me your name when I ask for it, right? >> You No, I don't. Unless I'm being suspected of crime or I'm in the commission of a crime. >> Carlos, you were here for a complaint. We're here for a complaint on you. >> What was the crime? >> The complaint was on you that you're accusing him and yelling at him. Yelling >> Is yelling AT SOMEONE A CRIME? WAIT, YELLING at someone is a crime? >> Okay. >> But he said yes, yelling is a crime. He said you can't yell. >> [laughter] >> What's the crime? What's the crime in being loud? We're not talking. I'm not talking to you, boss. Sometimes talking too much can get you in trouble. >> Yeah, that's what you're doing. >> got yourself in trouble. >> Okay. >> The policeman doesn't know the laws. Isn't that something? >> When they arrived, it was evident that the officer was still unsure why they had arrested him and asked what he was to be charged with. Officer Duenas exists >> the events on the police report claiming that Carlos became defensive when he advised him to seek a permit if he was going to continue conducting business on the sidewalk and that people began looking out the windows and coming out of businesses because Carlos was yelling to start recording. Carlos was ultimately charged with disorderly conduct, not with obstruction as he had no lawful responsibility to provide his identifying details. >> There was no reason for arrest. There was no reasonable articulable suspicion. It was a consensual encounter. I don't need to answer questions, so my Fifth Amendment was violated. And this is the police station that we're dealing with. I really also want to show you this is the police station that we're dealing with. The entire blue line flag is painted all over this building. Now, the mural was done by a group called Brothers Before Others and that just speaks for itself. I mean, this department puts themselves before everyone, before the community, before everything. >> Despite the ridiculousness of the charge, prosecutor Linda Schwieger is alleged to have offered Carlos a deal. >> The charge was disorderly conduct. They tried to offer me all types of deals up and to including um we would dismiss everything. You admit no wrong. We admit no wrong, but you have to drop all civil litigation. Obviously, the answer to that was a big fat hell no. >> The case finally went to trial in May of 2022, almost 2 years after the incident. >> Yeah, so not guilty people. We waited 20 months. We fought. I'll tell you what. The system is designed to be the way that it is. >> 2 months after being found not guilty, Carlos filed a federal civil rights lawsuit against the officers and the Borough of Bogota for false arrest, unlawful search and seizure, false imprisonment, failure to supervise, failure to intervene, violations of due process, abuse of power, malicious abuse of process, malicious prosecution, denial of fair trial, and a Monell claim against the Bureau of Bogota. A motion to dismiss was filed in February of 2023, and the claims against the Bureau were dismissed. The officers, however, attempted to lean on qualified immunity, but they were denied due to unresolved disputes of historical fact relevant to the immunity analysis. Then, several months later, in August of 2023, Sergeant Cole responded to a party at one of Carlos's client's home. A teenage boy was inside, and the boy's father wanted a welfare check conducted to bring the boy home. >> We're We're savvy on him. >> Savvy on him? Uh I don't know who that is. Well, I'm I'm guessing maybe he's not home. >> Do you live here? >> No, no. >> Who lives here? >> I have a girl. >> Let me get her? >> Yeah, you get her. >> What does Teaneck want with that uh party if she's here? >> Teaneck just wanted the uh a welfare check. He just the father wants his son at home. >> After waiting a few minutes, the officers [music] decided to enter the home without consent. >> But I can't come in, by the way. >> I'm sorry? >> You guys can't come in, by the way. >> Oh, I can't? >> Yeah, you don't got a warrant. >> Oh, I can't? >> You guys can't come in. >> Do you want to talk to your friend about that? >> Yes, you cannot come in the house. >> Okay. You You want to make a bet? Okay, well, good. I'm in here now, and now you're in trouble. So, cuz you're 18 years old, there's alcohol here. I don't need a warrant. What's your name? >> Where's alcohol? >> How old are you? >> Where's alcohol? >> How old are you? >> Where's alcohol? I smell it. >> Where? Okay. What is your name? >> Why do you want >> What is your name? >> You don't need my name. >> I do. >> He's coming now. You don't need my name. >> Okay. Do you have a warrant? Why are you in here? >> Okay. So, I'm holding everybody here until I ID them. How old are you? >> 17. >> Okay. >> Where's your warrant? >> Let me see your ID. >> I don't have it on me. Where's your warrant? >> Okay. What's your first name? >> Where's your warrant? >> I don't need one. There's illegal activity going on. >> What is illegal activity? >> Okay. >> You don't You need a warrant to come in, right? >> have one. >> I don't. >> You do. >> I don't. >> You do. >> I don't. >> Yeah, I don't. >> I don't. >> Yeah, I don't. >> Get him out of here. >> I'm sorry. All right. Guys, can you just come outside? >> What's your first name? >> I don't want to >> Come on. Can you just come with me? >> How old are you? Give me your name. Give me some ID. Hello. Give me some ID. I'm going to ask you one more time or I'm going to place you in handcuffs. Bring you down to the station. >> He's right there. He's right there. >> Give me your name. >> Why do you need my name? >> Give me your ID. Give me your name. >> Where's my ID, boss? Where's my ID? Where's my ID? You can tell him. >> What are five of >> My name is Dustin. >> Dustin what? >> Gonzales. >> Where do you live? >> In the pagoda. >> Where? >> You don't need everything. >> Okay. So, I can confirm your identity and I'm going to place you in handcuffs. Come out. >> Alfredo Gonzales, bro. You don't got to take my stuff. I play games. >> Have a seat. Where is he? >> He's all right. >> Can I get your phone? Can I get your phone? Can I do me a favor start out two RP units here? We're going to have a 40 at the tank. >> Savion was ultimately found in the basement after the unlawful entry and Dustin was taken to the Pagoda Police Station. Less than an hour later, his mother arrived to pick him up. >> I asked for his identification, he lied to me, gave me a fake name. We were wrong. Um So, he was being detained until we could identify him. >> So, he's being detained or what? >> Well, he's he's he's going to be charged. I'm going to move forward for obstruction and for providing false information to a law enforcement officer. >> Okay. And >> Okay. >> So, you guys entered the house without a warrant? >> We don't need one when there's illegal activity going >> Okay. >> Okay. All right. >> A few moments later. >> So, what's his first name? >> So, he did give you his name. His name is Dustin. >> Huh? >> That's his name. Dustin. >> What's his legal name? >> It says Fredo Dustin Gonzalez. That's what he goes by, Dustin. >> Okay. His legal name is not Dustin. It's his middle name. >> Right, but he's a minor. >> If I asked you your name, what's your first name? >> My legal name is My whole name is Vidalinda, but I go by Vida. I'll say Vida. >> Okay. >> But he's a And you know he's a minor, so >> Okay. And he also told me he doesn't have to give any information, which is not true. >> What information were you requiring other than his name? >> and information. >> What information? >> His name. His legal name. >> Okay. >> Okay. He doesn't go by Dustin in school records. >> I do. I do. >> He does. >> In fact, I go by Dustin. >> Everything is Dustin. So, where where is the issue then? What information were you requiring other than his name? >> I needed his legal name and date of >> Okay. That's his legal name. >> to give it to me. Which is the obstruction of law. >> So, Fredo Dustin Gonzalez, as a minor, that's what he knows, Dustin. >> He doesn't know his date of birth? >> I gave you 11/20/98. You didn't ask me for my name. >> Listen, everything >> Okay. So, what else did you require of him besides his name? >> Well, that was it. And then he told me he didn't have to He didn't >> Yeah, but you're a minor, so >> Exactly. >> He told me he didn't have to give me any information. >> And what was the other one? >> Hold on. Do we have any property? >> The charges against Dustin were ultimately dismissed, but not before detectives arrived at their home to offer him a sweet deal. Write an apology to Sergeant Cole and promise not to sue, and we won't pursue charges. >> Hey, how you doing? I'm here for uh Belinda Sanchez? And regards to her son? Hey, Ms. Sanchez? Hey, how you doing? I'm here for uh Ceu Alfredo. >> What what? >> Uh he's getting a station house adjustment for what happened on Saturday. It's pretty much in lieu of criminal charges. Dude. He did. Oh. program. He needs to go to the program. And once he's complete with that and writing an apology letter to Sergeant Cole >> Yeah. When is the court date? >> There's no court date. There's no charges. That's what I'm saying. It's in lieu of the program. >> there's no apology letter. I know criminal charges. >> Okay. >> There'll be a lawyer involved. >> Okay. So. >> Sergeant Cole should be apologizing to him. >> Okay. >> He went in the house without a warrant. Arrested my son. My son is not a criminal. >> He put him in custody. He didn't arrest him. >> Well, and he's charging him with >> No, I'm not charging >> Right now he's not charging. >> Okay. Yeah, so >> That's what I'm saying. >> My son has scratches from handcuffs. >> I understand. >> My son is not a criminal. So I'll I'll property. What do you want from him? >> No, that's what I'm saying, in lieu of charges. >> Okay. >> If that's what it is, you want to copy of it and you can decide and then just let me know. >> Oh, from right now he's not doing any of it. I'm letting him have no right now. >> Okay. Well, yeah, you know what? >> No apology letter. I'm sorry. >> It's a It's in lieu of criminal charges. That's what we do. >> Well, well, we can take it to court if he decides that he wants to continue because he is not getting an apology from me or my son. >> Okay. >> My son did nothing wrong. >> Okay. That's what I'm saying. >> I got to say that. >> Then, in August of 2023, Carlos noticed an officer ticketing his vehicle in front of his business and hurried down the street to speak to the officer. Yo! Hello. What's your name and badge number? >> Officer Torres, 111. >> You understand what the legality is over there, right? The street sign, right? Where it says no parking here to corner. >> Yeah, you were >> So, what did you ticket the car for? >> Being in the yellow. >> Do you know what a You know what a street sign is? >> Yeah. >> So, so what's the legality? >> You're too close to the crosswalk. And the intersecting line. >> Do you know that there is a street sign there? Just say that, cuz I'm going to keep this running and I'm going to go record it. Do you know there's a street sign here that says no parking here to corner? >> Yes. >> You need to learn your job, Torres. Cole is training you horribly. >> Okay. >> We already got you on body cam that's going to be coming out. >> Right. >> Yeah, you. You. When somebody's asking you questions and you talk about we answered you 30 times. They could ask you 50 times. You work for us. Nobody works for you. Yeah, turn your body cam on. >> Yeah, just that's >> No, I know. I want it on. I'm so glad that y'all have that. Because when the body cam comes out with Cole and you, you know your boss about to lose his pension, he about to lose his qualified immunity and everything. And I'm taking this to >> Yeah, that's my car. I'm taking it to court to show that you don't even know your job. The legality is the street sign, my man. So, we're going to run this. We're going to keep this going. Whatever time it is, 10:35, I'm going to keep it running. I'm going to I don't I It's not nice to meet you, man. I don't mess with you, but go to police, man. You guys are dirty. You guys are the dirtiest cops out there. All right? Learn the law. The legality is the street sign. People can't just come paint in yellow. You got to get rid of the street sign. I'll see you in court, Torres. And it wasn't nice to meet you. [ __ ] prick. I got a ticket for being parked here. All right? Now, if this is illegal parking, then this sign needs to be removed. No parking here to corner. No parking here to the corner. Clearly, I'm in front of the sign, and I was ticketed by Officer Torres because he doesn't know his job. I'll see you in court, Your Honor. Clearly, I'm not parked illegally. >> Carlos fought the citation, and the ticket was dismissed. And later that same month, he noticed a utility truck parked outside his business. >> Sign has been removed. Look at this. Does this look familiar? Sign removed. >> Filled with concrete. >> Sign has been removed, filled with concrete. Told you I was right. >> Oh, we're good. >> They're putting it They're putting it down here. There's a guy over there. Putting it right in there. Yep. Sign has been removed. All you bootlickers, I told you I was right. >> Finally, on May 26th in 2025, Carlos Bernal signed a release. The federal case, Bernal versus the Borough of Bogota, was dismissed with prejudice. And in exchange, the Borough of Bogota agreed to pay Carlos 85,000 tax dollars. Of course, the Borough admits no wrongdoing and claims that the settlement is to avoid the cost of continued litigation, but only after they fought it so far that the federal courts had to slap the qualified immunity out their mouth. Now, whether any of the officers involved in this faced any discipline over any of it is unknown, but you know the answer. Probably not. Instead, the [music] taxpayers were punished. And there was no press release, no statement to the media, and no local news stories about it because the Bureau of Bogota was hoping to bury this and forget about it, which means that this video may be the only record that these officers have no clue how to do their job. As always, I want to know what you think. So, let me know in the comment section down below and I'll see you in the next video. >> [music]