48 can you copy event i'll take my time trying to get a stop on that uh gmc suburban it just left he wasn't a fan of me being here wanted to flip me off and threaten me to get off the property what'd you pull me over for your threats that you made to one of our officers that's not a threat what threat how about i'm gonna break your window it's a constitutionally protected activity welcome back to the lackluster channel on march 10th of 2022 a viewer named josh was leaving his residence when officer malta of the right city police department pulled up to the sidewalk in front of his residence the officer had noticed two cars in the driveway without license plates and began an inquiry into the unregistered vehicles [Applause] 48 a plane how are we doing not too bad are these your vehicles yeah well this one isn't those too hard okay so what's going on with them they don't have any registration on them i just bought that one and that one i took the head off in wright city missouri derelict vehicles can be stored within a completely covered enclosure if left uncovered or in a driveway the local police department will adhere a sticker to the window indicating that it will be towed in seven days if not taken care of after speaking with josh he informed me that one of the vehicles in question wasn't even his and that it was going to be removed from the property soon and the monte carlo was purchased just a couple days prior and was to be registered soon okay cover for it man would you get off the property now i'm placing ordinance stickers on all of them i'll get a cover for them i can't do that that's not how it works okay then you're going to be excited for it hey put your stickers on don't take care of it i'll just issue citations 48 can you copy a van okay i'll take my time one george six 48 103 where you at pull it up here shortly 10 for trying to get a stop on that gmc suburban it just left it's on sam wise now that's clear he wasn't a fan of me being here his residence i believe so i wanted to flip me off and threaten me to get off the property officer malta has just lied over the radio to create an emergency response from his co-workers claiming that josh threatened the officer and while josh did flip off officer malta it is clearly established through the supreme court that the finger and what it represents is protected free speech and is not a legally sufficient reason for an officer to initiate a traffic stop upon hearing the lies of officer malta detective beard locates josh's suv and pulls him over without activating his dash cam or wearing a body cam can i help you get your driver's license what do you need my driver's license for what'd you pull me over for what's that what'd you pull me over for for your threats that you made in one of our offices that's not a threat what threat what threat did i make to an officer i need your driver's license you need a reason to pull me over i just gave you that for what threat i didn't make any threat to any officer i haven't no i am not because i did not break the law so you're not going to give me your driver's license of proof of insurance is that correct for what i just told you for what threat okay i'm not going to keep going threatening an officer is not a crime i didn't threaten to do anything too crime yes flipping an officer off is not a crime a threat to an officer is i'm not flipping an officer off is not a crime flipping an officer off is not a crime it's a constitutionally it's a constitutionally protected activity right how about i'm gonna break your window it's a constitutionally protected activity to flip an officer off that's fine you can flip him off you can't make threats to him i didn't make what threat what threat what threat okay first tell me what threat i made to him what threat what threat i'm gonna break your window what threat did i make to them what threat did i make to them driver's license get out i will here's my here's my thing out of the car in officer malto's report he claims that detective beard had asked what specific threats were made officer malta wrote that josh had displayed the middle finger to him and that was all the report does not indicate at what point of the incident the clarification was made that there was not an actual threat but rather a first amendment protected gesture the alleged clarification is also not present on any of the body cam footage and was likely written to cover for the detective but despite the so-called clarification josh was arrested and transported to the local police station where he was sighted with disorderly conduct failure to comply and resisting arrest he was also given three citations for the derelict vehicles despite the typical seven day grace period normally afforded to the city's residence he was held for five hours before he was released from his unlawful arrest officer haney wrote in his report that officer malta informed him that josh displayed the middle finger and used profanity however footage from the neighbor's video camera and the body cam does not show officer malto mention profanity nor does it show josh use it and even if it did and he did it is still protected free speech and cannot be used to pull somebody over detective beard wrote that josh was verbally abusive towards the officers including several lines of very colorful language that was never recorded on the body cam footage at the times indicated in the report all three officers involved lied either on scene or in their reports to substantiate a false claim against josh and to criminally cite him further violating his civil rights all for a finger one week later josh went to the department to file a complaint and was asked to meet with the chief and lieutenant matthews so i had an opportunity to review your case so um one thing i'll say is that uh to begin i am going to be voiding all the charges all the summonses that were issued to you awesome i've also spoke with the tow company and they've agreed to refund the expense you had four hundred dollars they charged me 400 and you will be refunded every penny of that so let me explain to you why so first and foremost what we have here is a sydney ordinance that has been on the books for some time that shows that the officers were acting in good faith in accordance with the city ordinance at the time yes another city order okay aware of it sure we knew he had a right to be on property well this is this is specifically the manner in which why they placed you under arrest not specifically the derelict vehicle ordinance so this is ordinance labeled disorderly conduct if you recall getting that ticket from the arresting officers and the subsection of the ordinance that they used to place you under arrest was this language here whenever i reviewed this case i believe that gestures or constitutional protected you can't make laws that go above and beyond well if you give me an opportunity i'm so very emotional about this well and i can i can tell and i understand so this was on the books this was the ordinance that they enforced that they used to place you under arrest when i had the opportunity to review the case i agree with you that i believe this is in conflict with the first amendment okay okay that is protected speech because of that all subsequent actions following the traffic stop regardless if you are guilty of them or not are not going to be enforced because i do not believe that they had a constitutional right to stop me i've seen people get pounds of marijuana around the court for certain constitutional stocks so again i understand that you're an argumentative individual i i'm not an argument individual i'm a very polite person i have seven kids i have been violating my rights before i knew what my rights were you can look on my record i've never had a speeding ticket i've never been arrested like my whole the whole point here and the reason why i've called you the reason why i wanted to reach out to you is that your your point here of of your ability to make obscene gestures toward police are protected in the first amendment as the police department we agree with you this subsection of the ordinance we've already addressed this with our legal counsel that represents the city and this ordinance will be amended to remove anything that's in conflict with the first amendment okay as such you will be the standing case law that amends this for all future contact and this ordinance will be amended to where this will never happen again we've spoke with the tow company we've told them our position and we are having your total toe bill completely refunded to you as well he was an ass fat guy sure well i understand we spoke with him as well and he doesn't sound as though he got along with you very well either but hopefully now we can put this whole issue behind us um again i i have no reason to suggest the officers didn't act in good faith because that ordinance was on the books that ordinance is going to be amended yeah okay against you yeah this is actually on e-code 360. it's a guy's public record you can pull it up and view it what proof do i have in my charter they're going to be dropped sure so um they're not speaking videos that you're saying this so oh okay that's fine perfect yeah um was that all the proof you would like i mean we could send you a letter no yeah so uh prior to even calling you the actual hard copies of the tickets were stamped red and void uh inside of the computer system i voided all of those out okay okay so they're it's as though they're not going to make it to the court can you guys make a little bit de-escalation training because beard was hot i mean he came in hot hot so to address that with you um in the event they did have a lawful contact with you the subsequent actions of failing to comply i would have allowed to study yeah i know i know if you had a reason to pull me over i know i have an id and stuff i'm not i know my rights sure so what i will say and i also know my first my fourth my eighth was was violated i know my rights were violated okay so what what is it that you would like to have happen moving forward i i don't really know yet like i haven't really gone across that bridge my focus was getting these charges dismissed okay and we've had addressed this prior to seeing things pop up on facebook we were working on this at the end of last week we spoke with everybody on monday i believe it was so we've been in the process of working on this and i think and and one of your officers called i'm a legal marijuana grower one of your officers called my landlord he called me and said that uh i was illegally growing over my limit i know my limit i'm allowed to have six i'm six non-flowers six flowers and six seedlings i only have six non-flowering right now and he said i was growing and distribution to my love to my landlord what what the hell was that about it's a good question i don't know if that's about do you know who called your landlord no i couldn't get it from home yeah i'd like to take my cards yeah and he said that uh all my neighbors were complaining and like my neighbors the one who gave me the video of the first encounter i had i have that on video too well i made no threat to any officer all right i'm sorry you should do it by josh yeah every house you guys so josh here's my garden i i don't know anything there's nothing in the report about any contact with your landlord i don't know anything about that that's me that's my phone number whatever kind of problems you have give me a call yeah with respect to the derelict vehicles i've ordered those too okay one's a junk car one's his friend's car and then i just bought the monte carlo sure i know that at the time that they first had contact with you they had placed the warning sticker on your car is that right no they charged me it was well they tried in addition to that were there also warning stickers placed on you no okay no there's not any warnings okay so well i had a warning sticker on the mazda like when i first moved in 2019 okay but i got that so the the common practice for officer balta who was the first one there to talk to you about your derelict vehicles his standard practice is a seven day grace period after he puts a warning tag on a car so if that's what started it can you please hold on i'm not going to interrupt you i'm going to ask you about that um from the time in which he had that first contact with you i think on the 10th or whatever day it was i have to go back and look that's the standard practice that he abides in is that he place a warning on a vehicle come back after seven days and if the issue's not been rectified the heated issue summons in seven days i avoided the derelict vehicle tickets that were written to you on the 10th and and told him that they're gonna abide by their standard practice there and revisit it after the seven degrees period okay okay okay so all the tickets that were issued to you on the tenth have been born okay good what i asked what started it was it was his demeanor like i have it on video he came up like i could show you the video one day i was like hey how's it going i know we had an exchange he asked me about it i explained the cars and i was like i can just get a cover for him the reason i said that was because my neighbor's house burned down they put a deer like sticker on her on her car and she covered it and everything was fine so i think i'll just get a cover phone he's like you can't do that and i was like oh i just thought i could and he was like well i remember how he said it but it was it just kind of struck me wrong and then i was like okay do what you have to do he's like i'm going to put a i'm going to put a put a sticker i'm going to do what you have to do i start i start backing up he's like i want to find you and i wrote down my windows like get off my property as soon as possible and he was like what do you say i'll take my time i'll take my time so i flip them off drove off next thing i know i'm getting pulled over yes in the position of the police department is that while that was in the city ordinance at the time that that gesture is protected by the first amendment and that's what was used to stop you so therefore all subsequent action uh is not going to be enforced how long you been in the department uh this is my fourth day back after being gone for five years i used to own this position here okay and i know you just got elected yes congratulations thank you he's been here for a decade he's oh okay he was just recently promoted to the police jpm so i was here i was formerly lieutenant here i spent five years with another agency and this is my first week back in this position right now i'm taking care of the car sure i'm going to agree well you got my look at again i'm just now getting settled back into this position chief canada van has just been recently appointed to this position we're here to work for you josh yeah you're a citizen of this city you've got my card if you have issues give me a call okay and we'll work through things together you know it's it's not us versus you it's us serving you yeah you know that's what it's supposed to be but then they do call my lawyer my landlord and i don't know anything about that if you could please call me when you find out if i can get the number okay there's nothing documented about that so i just don't know so whatever you learn please give me a call we'll look into it okay all right perfect all right two days prior to this meeting lieutenant matthews had reviewed the incident and found that no threats were made the lieutenant explored the ordinances used to cite josh and wrote a fairly impressive report for an officer regarding the first amendment and the constitutionality of josh's actions that day he even cited case law that is often used in videos on this channel and as he stated in the interview he voided all citations against josh however there is no mention of the multiple lies by the officers involved the officers were acting in good faith in accordance with the city ordinance at the time that were made up to criminally charge an innocent man the officers were acting in good faith in accordance with the city ordinance at the time whether the officers have or will be disciplined for their unprofessional behavior is unclear but josh is in talks with a lawyer and is filing his lawsuit against all the officers involved the department and municipality soon josh does not have a youtube channel and has submitted these videos to me directly be sure to leave a comment for josh down below as always thanks for watching if you have a video you'd like to submit for review use the link in the description or pinned comment don't forget to subscribe and hit the bell notification for future content and remember to like share and comment down below of what you think of this interaction it really helps the 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