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View resultsTranscript Details
- Language
- en
- Format
- text
- Source
- scrappa
- Auto-generated
- No
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- N/A
- Created
- 2026-10-22 13:45
Transcript Content
Put your hands behind your back. Do it now. Back up. Everybody back up now. I didn't want to do this in front of him. I want to talk to him. This disabled military veteran was completely confused when police officers showed up at his home one evening telling him that they wanted him to step outside and talk. We got to talk to you about something. Okay. And I just rather not do it in front of your family. We could just be right here. No. Negative. Thank you. Okay. That's not how it works. Wait. Excuse me. You cannot come into my house. But when he wisely said no, even though they had no warrant, the officers barged into his home in front of his entire family, handcuffing him, threatening to tase him, and throwing him to the ground, injuring him in front of his shocked family. Can we get you outside? Why do you need me outside? We We trying to get you in a better situation. I've been in the military. We're trying to get you better right now. So, you're a Marine, too. Then these cops realized that oops, they were at the wrong person's house. Why? They were looking for a shoplifter who allegedly stole $150 worth of shrimp from a Windixie. A shoplifter who was not him and who did not even match his description. You guys can't tell me why the hell you guys are here at night. That's bad enough. But the most shocking thing about this is that an entire group of police officers thought that they were all entitled to just barge into this guy's house and handcuff him without a warrant. So, can Victor and his wife Jennifer do that? Can they just stand inside the threshold of their home and say, "Hello, officers. Thank you for coming, but no, we don't want to talk to you and we don't want to go outside. Have a nice day." and shut the door on them. Moore versus Peterson, 11th Circuit, which is controlling in Florida, 2015. When the police knock on a door and the occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time. Can these officers who do not have a warrant of any kind just go ahead and arrest Victor or arrest Jennifer for any crime at all as they stand within the threshold of the front door of their home? Looking again at Moore versus Peterson, the 11th Circuit warned police officers that they violate the fourth amendment when they affect a warrantless arrest at the threshold of a home where they lack probable cause and either exigent circumstances or consent. So a reasonable articulable suspicion of criminal wrongdoing is not enough and probable cause alone is not enough. They have to have a warrant which requires probable cause or they have to have either exigent circumstances which means an emergency is occurring in the house basically or the homeowner's consent to enter the threshold of their home and arrest them which clearly they do not have here where the homeowner is attempting to close the door on them and refusing to answer questions and telling them that they do not consent to them entering their home.
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