have you seen these videos where innocent people get pulled over by the police due to a mistaken belief that they're driving a stolen vehicle and then the police Point their firearms at them and treat them like a criminal before realizing the mistake video of a senior couple held a gun gun Point by Raymore police is going viral driver rolled down your window gave the keys out of the ignition and put them on your hood torn torn they're trigger happy listen listen to the tyrants Aurora Police say it's part of their Unwritten policy to pull a gun during a high risk stop put your hands out the window walk backwards towards us please understood sir we'll talk to you in a second that can't be constitutional can it reasonableness is the key aiming guns based on clerical entries and government policy is rarely going to be reasonable doing so should be based on actual perceived threats presented by persons with whom they're dealing foreign several people including one child were pulled over by the Lehigh City police when an officer said that he received an alert confirming it with dispatch that a vehicle had been stolen after he ran their license plate three people speaking out after being stopped earlier this month that led to them fearing for their lives the only problem was it was a mistake the vehicle wasn't stolen the department has not explained the reason that the officer ran their license in the first place but they get pulled over and the next thing that you know they see police officers approaching them with guns pointed at them one of the vehicle's occupants pulled out his cell phone and began recording the incident when I looked into my mirror waiting for the officer to approach my vehicle I see guns pointed out this whole situation could have been avoided with a simple paperwork check and instead they went straight to holding guns at us KUTV reported that a high risk traffic stop was performed on the vehicle because according to the police statement routine protocol is to have guns pointed at the vehicle during a high risk vehicle stop Lieutenant of internal affairs at the department who didn't want to speak on camera but agreed to a phone interview says he's seen nothing like this happen before it's certainly the first one I've ever heard of or are seen it's a very rare circumstance it's very common on a high risk stop so the dispatcher failed to see that the actual plate number given was not stolen according to the Lehigh Police Department's statement they said that they have taken corrective action with the dispatcher who was involved so the vehicle stopped was not stolen nor was it displaying a stolen license plate the vehicle occupants were released from custody after about 20 minutes and then they left the scene in their non-stolen vehicle officials of the Lehigh City Police Department called the incident rare and unfortunate but this is not an isolated occurrence it actually happens all the time in Aurora Colorado a father records from a distance as cops approaches wife guns drawn a 24 year old mother is held at gunpoint by Aurora Police while her child was asleep in the back of her car and then minutes later she was released with an apology from officers for mistakenly detaining her his three-year-old child is still in the vehicle put the guns away guys no need for that as a child in that car the woman thought it was just going to be a regular traffic stop but she was wrong body cam footage shows the officers discussing the fact that they're going to perform a so-called high-risk stop with guns drawn as per their Department policy all taken off which is interesting police believe the car is stolen so she may not know it but how are we gonna approach it I restart the still drive and roll down your window take the keys out of the ignition and put them on your hood this was apparently the result of officers marking the wrong box on a form the vehicle had been previously repossessed and then reclaimed by the family but on the form it was marked stolen by mistake but that wasn't the only time it happened to another family a woman with her car full of kids was in a parking lot in Aurora looking for a nail salon when all of a sudden police descended on her allegedly because a license plate reader had flagged her car as stolen the Aurora Police Department now at the center of a new controversy officers putting a family in handcuffs mistakenly thinking they were in a stolen car they were not it is just the latest in a string of controversial decisions made by Aurora police officers the family in the car kids included were made to exit the vehicle and lay on the ground the car was not stolen another mistake and what was the mistake this time the actual stolen vehicle flagged by the Plate Reader was a motorcycle with the same number but from a different state small Minor Detail so yet again innocent people in a non-stolen vehicle police make the mistake yet the innocent people get guns pointed at them by their government why because they say it's their policy officer safety of course Aurora Police say it's part of their Unwritten policy to pull a gun during a high risk stop Raymore Missouri in August of 2022 a Raymore Missouri couple was held at gunpoint by the Raymore police the video went viral up first on Tick Tock and then it hit the TV news video of a senior couple held at gunpoint gunpoint by Raymore police is going viral nearly two hundred thousand views on Tick Tock now multiple police departments are saying it was all a misunderstanding so this was another mistake situation their son's truck had been stolen just days before but then it was recovered the police then failed to take the truck off the stolen vehicle registry so they got the high risk stop or felony stop treatment like the other victims they were pissed off and no longer the back the blue types and the couple's son is actually an attorney and he's apparently pissed too and he summed it up well if this video hasn't existed if it didn't exist then we wouldn't know about this and this story of my parents would just be between them Fairfax Virginia in October of 2022 a mom and her five-year-old and one-year-old daughters were on their way to a Walmart in Fairfax County Virginia when they noticed a police car trailing behind them and the next thing that you know the vehicle pulled up beside them and the police car rammed them the police car striking their car head on guns were drawn and she was handcuffed and her kids were put in a police car police later said that she ended up not being the person actually that they were they were looking for another mistake apparently the vehicle was listed as wanted whatever that means Norwalk Connecticut it can even happen to the general manager of the Yankees Brian Cashman man you see here in this video with police officers guns pointed at him is Yankees general manager Brian Cashman put your hands out the window okay same old story his Jeep had been stolen but then recovered but government employees did what government employees do they just kept the stolen classification and gave him the high risk stop treatment at gunpoint [Music] s at least for a few minutes before they recognized him and then began to kiss his ass you look very familiar to Museum of the New York Yankees yeah I know I used to see at Brook Street bagels when I was in Eastchester cop apologize for the embarrassment Clara turned all the lights off and we're good no spectacle this is obviously far from an isolated incident this apparently happens all the time there are more examples out there and what do they all have in common innocent people could be your father your mother your sister all held at gunpoint by your government agents and not in response to anything that they did nor any threat presented by them rather it's just policy and what happened to protect and serve these are the people that police officers have sworn to protect and all too often these individuals are instead victimized in the interests of Officer safety in all of these incidents though the police will apologize they just say that it's policy because it's a quote high risk or felony stop but is that enough for the police to aim a gun at somebody I argue that it's not what's the law well the original incident that we looked at is from Lehigh Utah which is in the 10th circuit I did a prior video on a stop where a female cop pointed a gun at a guy and that case was in the ninth circuit that was essentially this that pointing guns at persons who are compliant and present no danger is in fact the Constitutional violation however where it's a tense uncertain and rapidly evolving situation where police officers have some reason to believe that the individual they're dealing with may be an immediate danger to them that may be different here in the 10th circuit we have two real cases that happened and the courts have contrasted those cases all right so in one case maresca versus Bernalillo County 10th circuit 2015 officers at gunpoint ordered a family out of a suspected stolen truck the officers forced the family of two parents and three minor children to exit the vehicle and then to lay face down on the highway the officers first removed the the parents who pled with the officers that there had been a mistake that they should check the father's license and that there were children and a dog in the car even though one officer on the scene considered the situation a little weird the officers ignored the parents repeated pleas to recheck whether the vehicle was in fact stolen and proceeded to instead order the three children out one by one the officers then handcuffed each family member except the youngest and locked them in separate patrol cars keeping their weapons trained on the family throughout despite full compliance with their orders the court found in that case that the forceful measures were unnecessary and unconstitutional primarily because the officers had no reason to believe that the family possessed Firearms now contrast that case with a more recent case also from the 10th circuit 2023 hemri versus Ross where it was reported to the officers making the stop that the driver was a fugitive murderer the court noted that in the case of a suspected stolen car there's nothing specific in indicating that the car's occupant may be armed but where the driver is actually believed to be an actual murderer that the officers acted reasonable in holding the man at gunpoint during the stop so here in the Lehigh incident and also in the many other incidents that are occurring around the country we don't necessarily and usually have an allegation where the driver of the vehicle is a fugitive murderer nor do we have an allegation or any specific information to believe that an occupant of the vehicle is armed and dangerous all we have is a report of a stolen vehicle which obviously has a high error rate along with some purported Department policy of Performing these stops at gunpoint without more police officers should not be aiming their firearms at people reasonableness is the key aiming guns based on clerical entries and government policy is rarely going to be reasonable doing so should be based on actual perceived threats presented by persons with whom they're dealing and that's really no different than a homeowner saying saying that well I have a policy of answering the door with a pointed firearm that's not a good idea for a number of reasons but primarily because there's no imminent serious threat that has been presented at least not yet now if that occurs it could be reasonable to do so but you have to base it on the particular facts so it's facts that matter and not policy as always I appreciate you watching and going over these sorts of incidents and the applicable constitutional law don't forget to subscribe so that you don't miss future videos not just here but at the blog at thecivilrightslawyer.com where 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