foreign [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers arrests for traffic infractions taser use and various criminal offenses and is brought To Us by police activities Channel be sure to check out the description below and give them the credit that they deserve before we dive into the interaction I want to give a big thanks to the sponsor of this episode Babel summer is the season of travel and Babel is every Explorer's must-have travel accessory having the ability to connect with local people and communities can enrich your travel experience and allow you to Foster new relationships that wouldn't have been possible otherwise Babel's award-winning technology is scientifically proven to help you start speaking a new language in as little as three weeks utilizing short 10-minute interactive lessons developed by real language teachers not learning algorithms or AI I'm planning a trip to Italy this 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drivable yeah but it's not legal because you got to bust a tail light you get your driver's license insurance on you I've driven it up here how long ago has it been like that oh okay well you've had plenty of time to get it fixed live here in town no my name's camel [Music] oh okay yeah busted tail light seems to be a pattern with the Hamels we did yeah we should have yeah all right sit down for me I haven't decided yet stay in the vehicle all right Miss Hammer since she informed me that you've had that for six months oh yeah they've got lights on them don't they they do have lights in them and they do work well you're it's broken yeah I know it so if you hit your brake lights that white mob's gonna blind somebody at night that's the tape on it that work yeah but I don't think I don't think red tape's kind of help you there you don't have enough plastic to tape over well you know I kind of hate to buy one [Music] bed and it's going to have everything on it yeah I understand and you know I don't drive it to Texas I don't drive City I gotta get three Kingfisher I'm going right now to check on cattle okay well I did Issue for a defective equipment it's eighty dollars I have until September 16th to take care of this uh get you to sign there with access so you don't even give a warning for this you've been driving around for six months like that I'm truthful well I'm not going to give you a warning for something you've been driving for six months either way I'm missing you a citation sign there please I don't want to sign it because I don't want to do that eight dollars you don't want to sign it no because I don't think that I deserve to pay 80 for something that is fixable and I can fix it that's all you want go ahead step out of the car twice because you're under arrest step out when Miss Hamill refuses to sign the citation officer Masini orders her to step out of the vehicle because she's under arrest as we have previously discussed on this channel the Supreme Court established in the 2001 case of Atwater versus city of Lago Vista that quote if an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence he may without violating the Fourth Amendment arrest the offender however state law May impose stricter limitations on when an individual can be arrested for minor offenses section 16-108 of title 47 of the Oklahoma statute states that quote whenever a person is halted by a peace officer for any violation of this title punishable as a misdemeanor the officer shall proceed in accordance with the state and Municipal Traffic bail bond procedure act under the state and Municipal Traffic bail bond procedure act which includes section 1115.1 of title 22 of the Oklahoma statutes quote any person who was arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or Municipal Traffic ordinance shall be released by The arresting officer upon personal recognizance if the arrested person has been issued a valid license to operate a motor vehicle the arresting officer is satisfied as to the identity of the arrested person the arrested person signs a written promise to appear as provided for on the citation and the violation does not constitute a felony negligent homicide driving while impaired or under the influence of alcohol or other intoxicating substances or eluding or attempting to elude a law enforcement officer therefore under Oklahoma law an individual signature on a traffic citation is not an admission of guilt rather it is a promise to appear in court or pay the fine for the traffic offense however because Ms Hamill refused to sign the citation officer messini was not required to release her on personal recognizance under this statute and a court would likely conclude that he did not exceed his authority by placing her under arrest for the underlying traffic offense after she refused to sign the promise to pay or appear until all four or step up foreign with me and I'll be fair with you step out no you're under arrest no I'm not I'm placing you under arrest step out of arrest step out no I'm not do not take off and give me that and I'll sign it step out no we're beyond that step out 305 dispatch got one second off [Applause] thank you [Applause] get out of the car get out of the car get out of the car get out of the car get out of the car get out of the car get out of the car [Music] put your hands behind yourself put your hands behind your back after Ms Hamill declines to get out of the vehicle officer messini removes her forcibly and throws her to the ground where he attempts to handcuff her however Ms Hamill refuses to put her hands behind her back and kicks officer messini who backs away officer Masini then pulls out his taser and when Ms Hamill attempts to stand up he deploys it section 643 of title 21 of the Oklahoma statute states that quote to use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful when necessarily committed by a public officer in the performance of any legal Duty however this statute does not mean that officers have unlimited discretion to use whatever Force they choose to employ in any situation to determine whether a use of force is constitutionally excessive courts generally consider the three factors outlined by the Supreme Court in the 1989 case of Graham versus Conor the severity of the crime whether the suspect posed an immediate threat and whether the suspect was actively resisting or trying to arrest by flight in the 1993 case of Hinton versus city of Elwood the 10th Circuit Court of Appeals which has jurisdiction over Oklahoma held that the use of a stun gun was not excessive when an unarmed outnumbered suspect actively resisted officers by kicking his feet flailing his arms and biting the officers as they attempted to handcuff him additionally in the 2017 case of United States versus Morgan the same court concluded that officers acted reasonably when they tasered an individual who planted his arms under his stomach to prevent the officers from handcuffing him and refused to comply with their orders to show his hands even though the individual did not otherwise physically resist the officers here Ms Hamill's initial crime was a minor traffic infraction and she likely did not pose an immediate threat to officers at the beginning of the incident however her attempt to flee and kick officer messini heightened the severity of the situation and given 10th circuit precedent upholding the use of tasers against individuals who resist handcuffing it is likely that Court would decide that officer messini's use of force was constitutionally reasonable in this instance put your hands behind your back lay down to put your hands behind your back now no you will not [Music] gonna get it again 305 dispatch go ahead and start EMS uh taser deployed one female custody why didn't you just sign a ticket do you realize you just got yourself in a whole lot more trouble what for running I told you you weren't gonna arrest me I pulled him here thinking officer Masini tells Ms Hamill that she got herself into a lot more trouble by running and eventually she was charged with eluding resisting obstructing and assault and battery on an officer section 444 of title 21 of the Oklahoma statute states that quote it is unlawful for any person after being lawfully arrested or detained by a peace officer to escape or attempt to escape from such peace officer likewise section 540A of title 21 of the Oklahoma statute states that quote any operator of a motor vehicle who has received a visual and audible signal a red light and a siren from a peace officer driving a motor vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer or willfully attempts in any other manner to elude the peace officer is guilty of a misdemeanor although case law applying these statutes is limited in the 1987 case of ALG versus State the Court of Criminal Appeals of Oklahoma noted that an individual violated both of these statutes when he originally stopped for an officer's lights and siren then drove off at a high rate of speed after the officer approached the stop vehicle therefore based on the fact that Ms Hamill attempted to drive away from the scene it is likely that a court would find that she attempted to elude and Escape officer Masini additionally section 268 of title 21 of the Oklahoma statutes which codifies the offense of resisting an officer states that quote every person who knowingly resists by the use of force or violence any executive officer in the performance of his duty is guilty of a misdemeanor in the 1976 case of Reems versus State the Court of Criminal Appeals of Oklahoma held that jerking away from an arresting officer's grasp accompanied by threats was sufficient to establish resistance by force and violence because Ms Hamill kicked at officer messini while he attempted to handcuff her it is also likely a court would find that she knowingly resisted him by use of force or violence similar Lee Oklahoma's obstruction statute found in section 540 of title 21 of the Oklahoma statute states that quote any person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his or her office is guilty of a misdemeanor in the 2009 case of U.S versus Sanchez the 10th Circuit Court of Appeals found that an individual violated the obstruction statute when he fled after officers ordered him to get on the ground here because Ms Hamill refused to comply with officer messini's order to exit the vehicle and drove away from him instead a court would likely find that she willfully delayed and obstructed him from carrying out his duties finally section 649 of title 21 of the Oklahoma statutes which covers assault and battery on a police officer states that quote every person who knowingly commits any assault upon the person of a police officer or quoting again knowingly commits battery or assault and battery upon the person of a police officer is guilty of an offense section 6 41 of the same title defines an assault as quote any willful and unlawful attempt or offer with force or violence to do a Corporal hurt to another while section 642 defines battery as quote any willful and unlawful use of force or violence upon the person of another therefore as the 10th Circuit Court of Appeals explained in the 2022 case of United States versus Winrow quote every consummated battery in Oklahoma necessarily includes an assault in this situation it appears that at least one of Ms Hamill's kicks made contact with officer messini's leg which a court would almost certainly classify as both an assault and a battery hurt yeah I'm hurt what hurts everything I got ambulance on the way check you out ambulance I don't ambulance well you got taste so they gotta check you out following her arrest Ms Hamill refused medical attention but officials brought her to the ER for an assessment before taking her to jail according to online court records Ms Hamill was eventually charged with assault and battery on a police officer which is a felony offense resisting obstructing eluding and operating a vehicle with defective equipment on July 21 2020 Ms Hamill pleaded guilty to all four misdemeanor charges but the felony assault and battery charge was dropped as part of a plea bargain Ms Hamill received a four-year deferred sentence and was ordered to pay a fine of fifty dollars for each count shortly after Ms Hamill's arrest the body camera footage spread on social media and over 50 people gathered at a cashion city council meeting to talk about the incident while a group of women supporting Ms Hamill wore lime green shirts that read old ladies against tasing and old ladies lives matter some members of the community were there to voice their support for the cash and police department or Express understanding for both Heights the cash and police chief refused to comment on the case based on legal advice and as of the date of writing this episode no investigations or disciplinary action against officer Masini have been publicly announced a press release by Ms Hamill's Attorney Edward Blau described officer messini's actions as quote egregious and unnecessary and claimed that they served quote no purpose other than to torment and embarrass Ms Hamill he also stated they quote are exploring all legal actions which may be taken to vindicate Ms Hamill's civil rights however as of the date of writing this episode it does not appear that Ms Hamill has filed a lawsuit or taken any other legal action overall officer Masini gets a c minus because although he maintained a professional tone and demeanor throughout the encounter and a court would likely find that his use of force was constitutional I simply cannot condone the use of a taser on an elderly woman even one who was engaged in low-level physical resistance like Ms Hamill despite her resistance I find it difficult to accept that Ms Hamill truly posed a danger to officer messini and I believe he should have attempted to subdue her using less dangerous and painful methods of force before resorting to the use of a taser particularly given the fact that elderly individuals are at higher risk of death or Serious injury from tasers this encounter illustrates how what courts consider to be constitutionally quote unquote reasonable force does not always align with the minimum amount of force that's necessary and how consequently officers can sometimes endanger citizens without having to fear potential repercussions Ms Hamill gets an F for refusing to comply with officer masini's lawful orders fleeing the scene rather than submitting to arrest and kicking officer Masini as he attempted to handcuff her now although I do not believe that officer Masini should have used a taser on Ms Hamill her conduct likely made it constitutional for him to do so and had Ms Hamill simply sign the citation which was not an admission of guilt she could have tested it the right way in court instead of taking the legal course of action Ms Hamill chose to engage in criminal conduct and rather than a simple equipment violation she ended up with three criminal additional convictions on her record as a result let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music] foreign [Music]