we'll see how that works out we asked the questions here because you came into our house there's no lawful obligation to answer your questions what crime of action huh what crime have you got to find out i'll tell you that welcome back to the lackluster channel today's story was submitted by sean thomas who on july 29th of 2020 delivered four unsealed envelopes that contained affidavits to new york police district 11. after he left officer diaz questioned him about the delivery you see ozone yes yeah okay i'll leave these with you then what is that well uh you can give them to your ceo he'll know what to do with them are you working for someone in the department or something yeah because i don't want to open the envelope they're open they're all open they're not they're not still yeah you can okay sean was allowed to leave as he should have been but just a few months later on december 2nd of 2020 he returned to deliver a follow-up affidavit this time he was met by a different officer and a completely different attitude thanks the officer's name is on it huh it's for the officer just hand it to the officer i'm delivering just the messenger after handing the affidavit to officer almonte sean left but was quickly stopped by a man in plain clothes the plainclothed officer allegedly grabbed shawn's arm and prevents him from leaving you come over here don't put your hands on me man no they told me to stop i don't give a [ __ ] don't put them i don't care you don't put your hands on me you don't put you they tell you to stop right the plain clothes officer tells sean that if they tell you to stop you stop however no command to stop was ever given shawn continues to walk away and the officer grabs him again yo come over here man yo get your hands up come on hold on who are you identify yourself he's a this is the first notice from the plainclothes officer that they are all cops note that after the incident sean was denied body cam footage for nearly a year but it was finally issued to him in november of 2021 that footage begins here but before we continue today's video is brought to you by manscaped.com christmas came early this year and i was just gifted the new performance package by manscaped manscaped created the world's first all-in-one men's grooming kit that has you covered from head to toe the lawnmower 4.0 waterproof cordless trimmer is built with advanced skin safe technology which helps reduce mixing cuts on your most sensitive areas it features this led light which is very helpful for grooming on those cold dark winter nights the crop preserver ball deodorant and the crop reviver ball toner spray make great stocking stuffers new to the collection is the weed whacker nose and ear hair trimmer the weed whacker has 360 degree rotary blades and the same skin safe technology from the trimmer in addition to products for your face they now have you covered head to toe with their new and improved shears 2.0 luxury six piece stainless steel nail 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you big man what what's in there we need to know i'm not answering questions figure it out open it up and read it you work for a delivery company i just said i don't answer questions i just said i don't answer you handed me a packet i don't care i said i don't answer questions it's not still open we don't know what's going on openly we don't know what's going on it's not sealed that's not how you do things yeah well we're going to see how things are done i want everybody's car or you have mine i want yours yours yours you know what's happening don't worry stay still yeah everybody so you know what has been recorded [Applause] what obligation in mind did they answer your question sean has been detained and cuffed because they don't know what is inside the unsealed envelope based on its outward appearance and by looking into the open end of the envelope it is clear that it contains paper on the front is the handwritten name and badge number of the officer it is to be delivered to if the officers were fearful that the contents contained hazardous materials they would have likely moved away from the envelope instead they congregate in front of it move it and poke it while they demand that sean declare what's inside it and for him to identify himself absent the reasonable articulable suspicion necessary to determine whether a crime is has or is about to be committed sean has no lawful duty to surrender his identity and he is certainly not required to answer any of the officer's questions as sean is protected by the fifth amendment right to remain silent and no officer can compel speech the officers begin to seize sean's property from inside his pockets absent of a crime during which his body cam goes dark all right so we don't know what's in here we're asking you what it is you are the one bringing this here that's right exactly that's right what are you bringing here we asked the questions here because you came into our house there's no lawful obligation to answer your questions that i'm obligated to answer i'll tell you it's simple we brought this here yeah we need to know what it is okay fine what crime of accident what problem i'll tell you that that's not how you don't detain somebody and then go on the officer admits that they don't suspect him of an offense yet they continue to unlawfully search and see sean and his belongings this is likely why the outcome of this case will favor sean the unreasonable search and seizure produces a knife this becomes important later you can't just drop a package here and walk out you [Music] what what what is this what is this what is this what is this i'm not gonna open it i don't know what is it what is your id that you're a delivery person what obligation am i under the ship you're supposed to have your id because if you're a delivery person you're supposed to expose your lawful certain caesar your party to it and you your ass is that it's all right as long as you say you it's all right you said you have any cash on you where's your id as a delivery person where's your id you have a delivery id that you work for a company that you delivery package i want to see that id and i want to call your company and see i do not want to send to searches and seizures this is against my will sean does well to stand by his principles by not answering questions and announcing that he does not consent to searches and seizures he is eventually taken to a holding cell where he is kept for over five hours two of those hours with his hands cuffed behind his back during that time his personal body camera records the officers laughing about him john was charged with a single violation of penal law 265.01.02 criminal possession of a weapon in the fourth degree when we look at it we find that it states that a person is guilty of criminal possession of a weapon in the fourth degree when he or she possesses any dangerous knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another however sean had no intent to use the knife unlawfully against another and when he showed up for his court date a few months later he found that the d.a had voided the arrest if they had pursued the charges it is likely that the court would have dismissed the charge if they found the search to be unlawful his knife was returned to him nine months later in august of 2021 after the incident he filed an official complaint with the civilian complaint review board but the investigation is still underway a year later on october 13th of 2021 sean filed a lawsuit against the officers involved the mayor the city controller and the city itself for battery assault unlawful imprisonment unlawful search and seizure excessive force unlawful arrest and respondient superior but he filed the lawsuit in the state supreme court rather than a typical federal civil suit the interesting thing about the way this lawsuit is filed is how sean has presented the defendants with an affidavit of fact and payment demand based on his schedule of fees where each offense against sean is itemized with an amount for each aggression and forced performance it's certainly an interesting way to list demands for damages and i am very interested to see how it turns out i have edited three videos into this production and removed content for time to view the interaction in its entirety visit sean thomas's channel there's plenty of other content and he will likely be the first to provide updates on the lawsuit thanks for watching if you have a video you'd like me to review email it or send it in via facebook messenger you can also view this and other content on my website if you're new here subscribe for future content if you've been around for a while remember to like share and comment down below of what you think of this interaction shirts and other goodies are available at the teespring store linked below channel membership start at just a buck if you'd like to further support the channel and get a slick lack logo next to your name i'll see you in the next video all links are down below [Music] you