I know an insurance adjuster who was inspecting a roof when the homeowner asked him if he was going to pay for the roof. The adjuster said he couldn't say until he completed his inspection. The homeowner took his ladder away and told him that he would put it back when the adjuster agreed to pay for the roof. The adjuster said he would as he had found enough damage, but the homeowner said he didn't believe him. The adjuster called the police from the roof and they happened to be nearby. They arrested the homeowner and the charge was, if I remember correctly, false imprisonment and because it was an extremely hot day, some kind of endangerment charge.
Justified. No need to put someone's life in danger over a roof. I took an adjuster class. They get paid very well, to do that job fairly. It behoves anyone to understand their insurance policy, the details matter!
It would not matter the weather, if the man wanted to leave the roof, even if it was comfortable up there, the homeowner would have been facing the same charges. The fear of not being able to exit the roof, safely, would also have to be dealt with.
@@cynthiarothrock4255 In at least some states (mine included) that's some kind of unlawful detention/restraint. In my state part of kidnapping is forcing or inducing some involuntary or fearful movement of the victim. Difference is a max of five years for unlawful restraint and a max of seven years for kidnapping.
A few years ago we had the HOA Board member who was a nasty person knocked on our door. He pushed his was in our house past me. I’m disabled and in a mobility scooter to inspect my private home. The issue was unapproved changes for my disability. I told him he was trespassing but he refused to leave. My wife ran over to the neighbors who is a police officer. The Officer and backup police arrested the HOA board member for trespassing, breaking and entering and assault on a disabled person. Also a No contact order was issued. Week later we were hand delivered a letter of fines by the HOA. The Judge told the HOA they were in violation of the no contact order. Our attorney filed in Federal court for ADA discrimination. The HOA finally hired an attorney who explained the HOA was in violation of my laws. The HOA board resigned, two pleaded to lesser charges and we settled. Most quickly sold and moved away. Now we have a good HOA board with new regulations.
After all that you still went with an HOA? The board may be good now but that can change. HOA’s almost always get power hungry, and those who sign away their rights to live under one are afraid of freedom.
in violation of your rights you mean. that was rich when they wanted to fine you so bad that they committed crimes, then violated no contact order to fine you to put the nail in their own coffin... all that HOA was looking at was collecting money and doing whatever it took to do it
When my Uncle worked for Fisher Body Olds in Lansing, the plant went on some sort of lockdown and security wasn't letting anyone leave. According to my Uncle, one of the workers called the Police and told them he was being kidnapped by GM. When the police showed up, security had to let anyone who wanted to leave, leave. Everyone wanted to leave!
This guy is a real hard head. In a class on aviation law, I learned that an airport fixed base operator who blocked in a private airplane for which fuel or service bill had not been paid risked facing a charge of illegal confinement. Good lesson.
A lien would be assumed to be on the aircraft at that point. Preventing it from moving is an enforcement of the lien. The pilot is free to deplane and move about freely.
@@paulbruns2473 It would not, actually. That is actually addressed in the opinion by the appeals court. Assuming the defendant's claims in the best light at best he would have a civil claim against the county. However a civil claim does not satisfy citizens arrest, so he would still lack the legal authority to detain meaning it's still a violation of the 18.2-47 statute.
I work Security in Virginia and I train many of the new employees. It's a very large property with good hiding spots to have a little fun in the late hours of the night, we will find vehicles parked here or there for different reasons, but many times is a disabled vehicle. I emphasize strongly to the people I train to NEVER block someone so they cannot leave, Its illegal even if they are Trespassing. If they jump in the car and run off Perfect, no longer my problem, take any information I can get and forward it on to whom it needs to be sent to, its also dangerous, a person who gets trapped will react differently, it can be perceived as a threat. I am glad this idiot was held accountable.
Last time I was in Virginia I got chased up the break down lane on 95 in reverse at speed by a tow truck that tried to hook up my car with me in the car. I was taking a nap. What a way to wake up. Yes I was reckless in reverse, but... I got away.
@@petevenuti7355 Lmao that means the police called in the car for tow and didn't even stop to look in it... I towed in Virginia for about a year, cant move anything on publicly owned space without police order. That is an amazing story!
@@RegazozoGaming I am 100% positive he was chasing me, trying to get me boxed in between an overpass and traffic , I also committed to the maneuver, either I got an opening or I crashed the wall with the gas floored. Luckily I not only got one lane free , I got two , and I was near the state line.
Steve, here in Texas my wife was in the driveway of her deceased father's home which was supposed to be unoccupied. She found a family member and his girlfriend squatting there. Another relative showed up and used her car to block my wife in and refuse to let her leave. The local sheriff's department said that that other family member was guilty of unlawful detainment / kidnapping. The sheriff said that they would prosecute, but it's been nearly a year and we haven't heard anything. My wife recorded everything on her phone and submitted the evidence to the prosecutor's office.
I'm not at all surprised that the cops would shine you on and blow you off. What a lousy situation. Since they felt free to go live in his house, I'm sure they felt free to dig through his personal possessions and steal what they wanted, too.
If the car belonged to the squatters I would have just came back at night and torched it. Eff Them. Squatters should be taken out behind the woodshed.....
@@rticle15 Yes your right but they won't. They probably didn't even get the people out of the house because it's a civil action! This is the government messed up system.
judge, i didnt abduct that person, they eventually escaped from the basement, went out the back door, jumped the fence and ran across the yard and got away... i love the logic of some people... 😂
Well it shouldn't be abduction as from what I heard he blocked the vehicle which not only was able to leave but didn't stop tge person from physically walking out because the person never tried. Unlawful restraint maybe
@@johnree6106 Well unlike you The 12 people empaneled on the jury in Charles City County who found him guilty have functional hearing. Given they literally have him on record expressing what his intent was.
@@tekcomputersBut my point was on the use of the word abduction instead of unlawful restraint. Not if he was guilty or not Even so as she was able to leave honestly he seems to have had a bad lawyer 🤷. Now here's the question is someone legally required to move their vehicle if asked by an individual who doesn't have any authority on said property. I don't know much if he was parked on someone else's property or just parked on the road blocking the driveway. I don't know but as I have been blocked in by people parking on the road preventing me from leaving my house be fun I can charge them with kidnapping now.
Alternative example, a room with two doors and I lock one and refuse to let someone exit that door but don't block the other, am I abducting them? In this case I don't think simply parking his car across the driveway is what got him in trouble, that would just be a parking fine.
Imagine the next time she comes around. That paint looks like it could be peeling... Looks like there a problem with the shed... She could hen peck him to death.
I'm not a lawyer. I cannot give legal advice. But I will say with certain confidence that taking the stand as a defendant of your own accord never seems to work out well. Just an observation from a layman.
Another thing to keep in mind: in pre-modern times, boys and young men were instructed by their elders to keep their passions under control, and not to "go with their passions." Even the Iliad, which was composed around 800 B.C., begins, "Sing, goddess, of the wrath of Achilles, that brought untold woe upon the Achaeans...." The Achaeans were the side in the Trojan War that Achilles was on. The Bible is full of advice in a similar vein. Testosterone causes men to have more explosive passions than women (which is why women win so often in emotional manipulation battles). It is not by accident that modern advice that men should get in touch with their emotions is an age dominated by feminism and disdain for males.
So what did we learn from this? 1) Don't pursue someone after they have left your property. And 2) A 10ft minimum privacy fence with a locking gate is must for property owners. Knucklehead shoulda left her be after getting her card and took it to civil action.
That's exactly why most laws leave room for argument. That and because they get paid to argue. In addition it ensures people with wealth the ability to buy their way out of trouble. They can afford to buy attorneys judges & the lot to decide what's reasonable in a rich man's case isn't in anyone else's
Are you getting that vibe about Steve here too? LOL He's really building up a story in his mind about a code enforcement officer that has clearly upset him.
In my jurisdiction, this would be called "false imprisonment", or "criminal restraint", which appears essentially the same as "abduction" in this case. Does not appear this gentleman's counsel did him much good, or that he listened to counsel. Seems pretty clear cut that he committed the crime alleged, regardless of how anyone feels about their local code enforcement:-)
It is not upgraded to a felony, it is downgraded to a misdemeanor for the potential plea deal. This happens in many cases. The prosecutor is not obligated to prosecute at the lesser level.
Your discussion of the "common law" is very well done. Many people do not seem to understand how far back in history "common law" goes. Most of the laws followed in this country and throughout Europe have some basis from common law. Well done.
Why dont police officers who unlawfully detain people get charged with abduction/ kidnapping. And can people who are violated in such a way press charges on said violators?
I've had similar situations occur during my career as a PI where I was detained, even by individuals who weren't the subject of my investigation, under some nebulous notion of my presence being 'suspicious' behavior. None of them were ever arrested, but they always received a stern admonishment from the responding officers that their actions were unlawful. One such individual, much to his surprise and horror, was told by a deputy that I would have been within my rights to shoot him dead on the spot. Fortunately, I've never felt like was in any real danger, so I always waited for LE to arrive and sort things out.
All I can say is that I’m glad your not a gun toting lunatic and you’re willing to use a gun only as your last resort. It scares me how many people out there are willing to grab their gun over any situation
@@atsylor5549 Yeah, I guarantee you don't want to do that. Way too many gun-toting people seem to be just dying to shoot somebody. I'm big into the 2nd Amendment but people need to think! It's like, "I spent all this money on a gun, ammo, and training, of course I want to use it!" If you shoot somebody, even being 100% in the right, the amount that you spend on legal representation, even if you're not charged, will sorely make you wish you'd just got on with your day. If you killed them, you will probably wind up on the ass end of a wrongful-death lawsuit. Paying the lawyer fees for that will be like buying another house, you'll be paying that until you die unless you're independently wealthy. I guarantee you don't want any of that.
I think it's neat how as Mr. Lehto is explaining a point of law, another part of his brain is three steps ahead foreseeing possible rebuttals and arguments that may arise. Both in court and on the comment thread. ⚙⚙
Which typically doesn't help. There are multiple people making arguments in the thread that the Defense lawyer already made and lost. They are the definition of insane.
Another example: in Calif penal code, "lynching" is taking a prisoner away from law enforcement, regardless of motive or what you do with them afterwords.
Interesting - antifa communists do this a lot during riots - they call it "de-arresting". It's actually lynching! Who knew? "Pursuant to Penal Code §405A requires that the police are grabbing someone who is involved in a riot, for example, and somebody else comes along with trying to help them with fighting with the police helping the person break free and then they can be charged with this lynching crime which is a felony. They could be looking at up to four years in prison."
California Penal Code 405a used to define lynching as the removal by riot of a person from lawful custody of a peace officer. That was amended in 2015 to remove _lynching_ from the statute in an effort to clarify it. Rioting and removing someone from police custody is still charged as a felony.
I kidnapped someone once. Years ago I was at a party and my friend was drunk and was going to drive home on his motorcycle and I held him against his will for a few hours until I felt that he had sobered up enough.
Seen that happen on several occasions...St Paul MN Feb -20 below ... one that ended up in a fist fight.. gave him his keys, He went down to Burger King, fell a sleep in the drive up line, engin running, window up, heather kicking ass, cops pulled up.4th DWI county employed 19 years, fired on the spot, jailed for ever, (Most Stupid Shit I ever seen for not listening to a friend)
Was at a work picnic once. Female coworker got absolutely plastered and eventually put her head on the picnic table and fell asleep. So we (with a female employee along) drove her home (another employee followed in her car) and gently put her to bed in a safe position. About an hour later, she wakes up and DRIVES HERSELF BACK TO THE PARTY. "Yoush guys put me to bed! I wanted to stay at the parrty. That washn't vrry nish!" Seriously, nice kid. Upon first meting my brand-new girlfriend at another event, she kept repeating "Whensh th weddngg?" over and over. She called it. 30 years married this October.
@@ostlandr Congratulations Mark! You have done well young Padawan. :D An enduring marriage takes effort on both parts. No great work is easy, (that's why they are so rare), but the results are well worth it. My wife and I just celebrated our 39th. May you enjoy many, many more!
I've always wondered why they can't use these laws when people are blocking a road (while protesting), and traffic is locked up behind them (the driver).
I think as long as protesters are only on one side of the car, and aren't making any hostile moves, you aren't trapped when you come up to them, you are technically only trapped later by cars behind you. If there are protesters both in front of and behind, then that sometimes is treated like abduction/detainment. If you were already stuck in traffic and protesters showed up in front of you and blocked you, you might have a stronger argument there. But as long as there is a theoretical way to just avoid them and have no worry about them coming after you, it's a matter of judgement about whether it counts. I do think more of these "protesters" should be prosecuted under traffic laws for blocking traffic. The rights to speech and assembly don't cover denying access to locations, especially standing in freeways that are for "motor vehicles only".
@@Br3ttM No. There have been well-documented cases of BLM types surrounding vehicles and not letting them leave. Harrassing them for hours. Nothing happened to them.
@@dizzywow Well, they've also burned a courthouse and some police stations on the West Coast, so it depends on whether the state or local government approve of them. Those states also let shoplifters just steal as much as they can carry, and sell it openly on the sidewalk half a block away. I think Florida or Texas said to drive through them or shoot them if you need to to escape, so some governments do see it as a serious crime.
@@zappyeats2579 then observe and report, no one asked him to take on the role of block sheriff, he took that upon himself without knowing the law... Maybe people should learn to stay within their lane or area of expertise, no?
Sounds like this guy was an old Daren that thinks he has the power to place his will upon anyone he feels he wants to. By him refusing the plea deal, tells me he is living his life, feeling he is above the law, and probably would not listen to his attorney, because I am sure the attorney would feel, the plea deal was the best avenue to follow.
I bet you would be mad if people were using your driveway with out your permission- then when you walk down the street to ask who tf was in your driveway- you get arrested. Classic American Freedom
@@Seldomheardabout he didn't get arrested for asking a question, he got arrested for not allowing a person just doing their job, to drive off, when they wanted to. Everyone should understand, you can not force your will, on anyone else. This man could have gotten into the same trouble, if he would try to stop his own wife, or adult child, from leaving when they wanted to.
I once argued this to a bus driver (in Canada) who refused to release me onto the shoulder of a road, when the bus was stuck in place for over an hour and a half. He claimed that he was not allowed to do that, and I told him that not letting me out would constitute a indictable offense. I found the manual override and he shut up. For reference we were just a few meters from an access gate, through which I exited the freeway easily. I did not feel like urinating in a bus and then getting in trouble for that, I'd rather try my chances with maybe being cited for walking on the freeway runoff.
Driver was probably told otherwise. Had you decided to hitch hike on the freeway the company would worry you might try to sue had you been hit by a car. So I don't really blame some of these companies for going overboard given how easy it is to bring a spurious law suit.
And if you had been hit by a car, you undoubtedly would have sued the bus company (or government unit) for putting you in peril. That's why they won't open the door. If you take them to court for unlawful restraint, their safety argument will probably win the day.
@@Cheepchipsable a lawsuit like that is very very very difficult in Canada, and the operator is directly tied to the Government of Ontario, making them extra double hard to sue.
@@RaineStudio a bus operator has no duty of care to people walking across the runoff of a freeway. Merely letting you do something ill advised is not going to render them any liability.
Steve I live in Maryland, about ten miles from Virginia. The law here is very similar to Virginia's law. One of our neighbors repairs cars at his home, and has a mini junkyard of derelict vehicles in the back. The county sent someone to his house to post an order for him to remove the junked vehicles or face stiff fines. He came out, and the county worker left when he became aggressive. The neighbor then chased the kid, an 18 yr old intern, until he boxed the kid in a dead end street. The kid called the Sheriff's office, and the neighbor was arrested, and later convicted of kidnapping even though no threats of harm were made, or any physical contact made. Virginia calls it abduction, and we call it kidnapping, but its basically the same thing. So just because he was able to escape afterwards, its still abduction, since its like saying the child victim escaped after the kidnappers held them for two days, but its no longer kidnapping or abduction because they got away. No, it don't work that way, he's guilty, and deserves his conviction and sentence. He thought he was smarter than the prosecutor, that his reasoning was superior by taking to trial, and he lost. So now he can deal with it. All criminals believe that they are way smarter than the cops and prosecutors, then cry about what a huge injustice it is that they are suffering, and its not their fault because they did nothing wrong. They are all victims because of their own entitlement and stupidity.
Cant speak for tge circumstances, but becareful calling other peoples stuff junk, lots of cars selling for over a 100k once looked like junk according to someone else, bueaty is in the eye of the beholder, and getting between a man and his stuff, is a dangerous idea, afterall if a $100 car has been the parts car to fix something else, you have then spent on surviving you may see it as the only reason you ate for a month. This applies more so the further out you are. People love there safe cities, but tend to forget most cities were a country town not that long ago.
Trying sitting through a law school class where half the class is spent with a "think they know it all" arguing with the professor about a subject the professor is an expert in.
@@stevevarholy2011 yeah, been there. My responce always was, "If you know more than I do, your instructor, why did you spend all that money to come here? Why are you not in the field or teaching me this class? Did you pay 30K just to telll the instructors they don't know anything? That's a waste of your money and my time, as well as the classes. You could have done that for free on facebook...
I have seen videos where people have been blocked from continuing to walk on a side walk, nor will they let them leave. To me, it seems like the same thing. Usually security guards doing the deed.
Most people are sheep. They’ll just do what they’re told. As soon as the guy realized she was with code enforcement, he should’ve just gone away. They can foul up your life worse than the IRS.
In some very limited circumstances, security guards might have some legal privilege to detain someone, which might make it not a crime (e.g. a security guard working for a store might be able to detain a suspected shoplifter while waiting for police to arrive).
@@RickyLHendricks Right mess with a code enforcement person they can retaliate . They can nit pick and cite you for any small petty violation. If you didn't upset them they wouldn't.
I disagree with the court. 1 of the judicial branches functions is to keep the other branches in check. The legislative branch should not be allowed to make up or alter definitions to words or terms for which widely accepted definitions already exist. They are "making crimes out of things that are not crimes" (Abe Lincoln). Abduction- to seize AND TAKE AWAY a person by FORCE. When the avg person reads about his charges , the avg person will think he abducted someone That's bs. When the courts fail to keep the other branches in check its up to we the people . 1 such way is jury nullification. Too bad this guy fell for his attorneys trick to put his fate in the hands of a judge, especially when it's a matter where the alleged victom is employed by the gov to secure revenue for that gov, they same gov that employs the judge!!!!!!!!!!!!!! Wtf!!!?? Does anyone not see this?!?!?! Follow the $$$$$!! Follow the corruption. If it woulda went to jury trial , I wouldn't trust the judge to preside without prejudice, but ....
NO. They should have let him plea bargain down to a lower charge. "Abduction" is the kind of crime that is horrific. It often happens to children. It should not be taken lightly.
The statute over reacts . The gov over reacts as it over reaches. Abduction is abduction. Not anything that is less. In addition He lives on the country and they tell him every vehicle on his property.(his property he pays property tax on) must have had current property taxes paid on them or he pays more taxes in the way of fines. That way they can hire more judges, prosecutors and russells so they can be more efficient at making him pay more & more. Guess what happens when this man is put away and his property sold or seized? Guess what happens when they've crushed every spare parts car in the county (besides there being a shortage of car parts which we already have ) They aren't going to fire this revenue collecting, conviction getting dream team from founding fathers nightmare. Oh no! Legislators will come up with more ways to ensure their jobs are secure at our expense!
@@jupitercyclops6521 I posted above that I made up a term that I call DILUTION OF OUTRAGE. If too many people are tried for a crime our ability as a society to be outraged diminishes. I disapprove of kidnapping charges for example if all a robber does is make you go into another room for a few minutes while they take your stuff. Robbery is a serious enough crime. But to equate that with some of the horrors of kidnapping diminishes our society's ability to feel outrage. Outrage got diminished with RACISM a long time ago because too many people were accused of being racist.
As a hotel clerk, I've had someone threaten to charge me with kidnapping when I was standing in a doorway, preventing them from leaving. The context is that they were threatening a housekeeper, and I wanted to make sure he didn't chase her. That lead to a dismissal for me, as technically, if there'd been a fire, the man may have been in danger... and even if not, I had no right to stop him from leaving the room, and by extension the premises. The law is the law, but... sometimes, it really screws someone trying to do the right thing. The detective in charge told me that I could have been charged with kidnapping and assault (I'd told him I'd 'whoop his arse' if he tried to follow the houskeeper, out of the room). In the end, just got fired.
"Fired" is not a term that should be held in high regard in these Latter Ones -- better to say, that you'd been "Offered an Opportunity to see if the grass really IS greener, in someone else's yard. (Steve didn't mention who got Billed, for filling in the ruts in the neighbor's Landscaping.)
That does suck. If the cops declined to charge you, it seems like the hotel owner/corporate would make the same determination and it would all be good. Firing you was a sackless move, they took the nuclear option on something that might be worthy of counseling or maybe you don't get a pay-raise for a year or something. It should be recognized that you were trying to protect somebody, you weren't just doing it to be a bully or because they pissed you off. It also shows how much the hotel values a housekeeper, not much, apparently! Just throw her to the mercy of somebody who literally assaulted her (that's what making a threat is).
you did the right thing , the way these snot nosed punk cops attempt to take the writing of law to unintended depths is disgusting and not what the law was written to intend , especially when considering the safety of the third party which you were protecting . thats how sick and malignant law enforcement has become when they do not consider the common sense and right of situations FIRST .
A few months ago, a man blocked a delivery driver from leaving his driveway I forget why he was so mad. He got charged no idea if he was convicted too. There's body cam video of it out there.
I had a similar situation happen to me when I was delivering food and parked on the road outside the client house. The guy came out knocking on my car window claiming there was ice cream missing from his order. Not my problem, he had to call customer support. He threatened me and tried to extort me, saying I was not leaving until I agree to reimburse him the entire cost of the meal right there or go buy another using my own money. Talking about smashing my face in, is this your car it would be a shame if something happened to it, you will know it when I get my buddies out there. I wasted 15 min calming him down and calling customer support for him only to be told he has to physically call, so then I tried to leave. Guy stood in the road. I said I would call the police if he did not move. He did but punched my car as I drove past. I could have pressed criminal charges against him, and sued in civil court for my loss of income while being detained, but none of that seemed worth it.
which is why he felt fine about his behavior then, and will do it again in the future. No one has called him on it, so what just happened, only reinforced his behaviour for the future. I get why you avoided the drama, but, people should be held accountable for their actions. However, the local DA could have pressed charges on your behalf, or theirs.
@@halcyonacoustic7366 ok boss, but a dose of realism, is not chastisement, it is just what it is. REality. I am not wrong in my earlier statement. PS. Sometimes, the obvious must be stated, no matter how it is recieved. Evil triumphs over good, only when good people do nothing...
I had video evidence of me being in the same exact situation here in Racine Wisconsin, but the Sheriff here refused to press charges, even with multiple video evidence of the whole situation.. smh...
Two different states. They may have different statutory requirements for kidnapping/abduction. I live in KS, this wouldn't meet our definition of kidnapping, however it would meet the requirements to be considered criminal restraint.
Code enforcement officers are bullies and think they are above the law. No way she was scared, no way she hadn't been stopped like this before. Alot of times thier cars aren't marked.
To answer your question, look at section C of the Virginia Statue. § 18.2-47. Abduction and kidnapping defined; punishment. A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction." B. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of "abduction." For purposes of this subsection, the term "intimidation" shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States. C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony. D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.
Yup. Those angry blowhards with overly heightened senses of self importance could definitely learn some pretty hard lessons if every cop followed the letter of the law every single time.
When we had a house near downtown close to the university, people parked in our driveway all the time, as it was the only one around. Parking was nearly non-existent. So I just blocked them in, but since I was then parked in my own driveway, nothing could be done.
So my girlfriend comes over and I won’t let her leave my house for months guess that’s ok since it’s my house I can keep her there if I want too ur theory is stupid
@@TheMechanicj no and the fact you take it their makes me question your humanity. You used yourself, not a true hypothetical which is just someone out their. Have you kidnapped a girlfriend in the past???
@@TheMechanicj there's a huge difference between not letting an individual leave your house and parking your car on your own property and going inside never interacting with someone Your comment is stupid
@@Greg_Gatsby Happened to me. Shared driveway (NYC), neighbor "let" someone up the street pull his undriveable (missing rear bumper and thus tag) into "our" driveway while he was on vacation! Good thing mum (RIP) got a bug up her ass about "whose car is that in the driveway?!?" and confronted the guy. "Oh, he let me park here", "But *I'm* not letting you park here, so if it's not gone by tonight, I'll have it towed!" Bless her heart...
Instead of routinely trading a-hole moves with a long series of perpetrators, why not do the proper thing and find out the procedure for having them towed to an impound lot for illegally parked cars? Post ai sign quoting the statute enabling a property owner to have cars towed away, and the cost of retrieving the car. Problem fixed, nobody would park there.
So glad i joined up on your site. The law is just. But when a lawyer can prove it is otherwise wrong in the Courts judgement. Then said law is not justice but harrassment. Keep doing your service i understand legalize much better than before.
This is the perfect example of a citizen being criminally charged with a serious crime & the legal definition of that crime is drastically different then its widely accepted definition..
This is also the perfect example of a person not only being charged with a falsely defined crime, but the alleged victom is employed by gov to generate revenue for gov which happens to also employ the prosecutor & judge. All 3 get paid by the revenue that all 3 generate as a result of their employment! If that's nit a racket! How did you put it. "Play stupid games?" Sounds about right, except being charged with abduction isn't something most would think of as a game. Attorneys & judges might Defendants not so much
@@jupitercyclops6521 Kidnapping is widely and commonly know to be when you take someone, or prevent them from leaving someplace. Is it only kidnapping if they blindfold you and leave a little message written out in cut up magazine letters? He blocked in her vehicle, and stood outside her car and stated I'm not letting you leave...seems very clear...and clearly ill advised to my review.😀
@@jupitercyclops6521 Then don't plat the I'M NOT LETTING YOU LEAVE game, and they wouldn't get charged with it....and to then refuse a sweetheart plea deal. Given the nature of the way the story seems to portray the accused, it seems pretty likely they have a chip on their shoulder, and have not (to this point) realized its often better to pick your battles carefully. You can complain about "The Man" but that doesn't mean the best way to combat them is in the most miscalculated and disadvantageous way possible. I firmly believe that there are a LOT of problems with code enforcement, and the overreach can indeed be real. But lets be intellectually honest in our analysis of the situation. What would a reasonable person expect the outcome to be when they do what is alleged here? Would you expect a different outcome?
@@jupitercyclops6521 Falsely defined crime? The crime is defined in statute. Nothing false about it. The issue is more an issue of your false expectation.
A woman in Montana was charged with abduction for pinning a young man to the ground and holding him until the police arrived. She thought he had committed a property crime. He wasn't the criminal. She lost her job because of it.
Hey Steve, funny story regarding a Judge my dad heard correcting a defendants argument contesting their speeding violation in a Las Vegas court. The man said “I was just doing the speed of traffic like everyone else. Why didn’t this cop stop anyone else.” The Judge replied “If five guys rob a bank and we catch 2 of them should we let them go because we didn’t get the other three?” Game over!
the jduge was a moron. the analogy is flawed. the proper analogy is "robbing a bank is normal" and EVERYONE does it. EVERYONE and the police "willingly permit" people to keep robbing banks right in front of them but then for "whatever reason they decide" they PICK only some people to stop and charge for the bank robbing EVERYONE is doing and EVERYONE is being implicitly allowed to do on a daily basis. THAT is a correct analogy. the citizen is correct. the judge is a moron. the law or at least its enforcement is wrong. That is not law enforcement. its revenue extraction at best racism/profiling/retaliation at worse.
Lmao, no but you have to apply the law equally to all who break the law. So if you are just singling out one or two out of the masses who are doing the same thing then you are no longer enforcing "laws" for public safety but for profit which is illegal. The courts have perverted the legal system soo bad, they can't keep the shit straight themselves.
A more apt comparision would be if the three guys pointed their guns at the 2 that were eventually caught and made them assist. Statistically speaking it is less safe to go the speed limit on freeways than it is to go 8 mph over because of the danger a "slow poke" causes. for that same reason, it is slightly more dangerous to go 5 under on a freeway than it is to go 20 over. If traffic is going 15 over, it is significantly more safe to go 15 over (assuming good driving conditions) than it is to go the speed limit. In other words, speed differences are more dangerous than the speed in most cases and being an outlier toward faster speeds presents less danger to your fellow drivers than being an outlier towards slower speeds, because traffic navigates all the cars around a slowpoke, but a speeder navigates around traffic.
Judge: “Even if true, the law is the law. Sign says 55 abd you were doing 70, so you violated the law. Guilty.” “If you don’t like the 55 law, call your legislator and ask them to change it. It is not the job of judges to change laws. We enforce them as written.”
Speaking of "they did something wrong, too", my dad got a ticket for doing a Hollywood stop at a stop sign. His issue was that the cop pulled a screaming U-turn, over train tracks, and risked traffic on the other side. Not warranted for the infraction. At that time, rather than going to court, you could submit the bail with a letter stating you side of the case. My dad wrote a letter to the court admitting to the stop, but complaining about the officer's actions. The court came back. He got the points against his license (first time in decades), but the court waved the fine. OK.
@@jhill4874 I would argue that spending your concentration on coming to a complete stop and then driving on without looking right or left is less safe than using your concentration to look for cross-traffic. That's why most intersections outside the US are yield, not stop.
Depends on state. In Connecticut you have to either murder them so they cannot fight in court or alternatively hope you're able to run. I say "murder" because it's not self-defense. Unfortunately, the state isn't concerned as much about murder as it is about protecting criminals' rights (assuming they're still alive.) It's like this in several other states such as New York and Washington because prisons are incredibly profitable. Until the criminal is dead they're considered a repeat customer for the lucrative legal system. That's why there was so much onus on releasing violent criminals from prison during the pandemic while non-violent protesters were given long sentences.
@@Mavendow Florida. A young man was murdered by a self-styled protector of a neighborhood for the "crime" of being black and walking through the neighborhood that he lived in. That "stand your ground" bull*t allowed the detention and escalation into murder because a racist thought a minor was trespassing. Too bad the prosecution didn't recognize that.
A guy I went to school with (senior in high school) was charged with abducting a friend of ours (junior). The seniors could get out of school early if they had enough credits and dropped our friend (who wasn’t supposed to leave) off at Sonic. The parents of our friend pressed charges
@@groofromtheup5719 Not actually. Businesses in the state maintaining junk automobile storage are subject to numerous regularized testing and inspection dealing with how the junk vehicles are stored as well as runoff controls to prevent contamination of property and watersheds.
I agree but I have found out recently that the easement in front of my home as well as my driveway being considered an intersection (a rule that actually benefits the land/home owner) allows for any one operating a vehicle to pull in and back out without repercussion and where I live you have the right of way when backing out of your driveway in an urban/rural setting.
So if I'm trying to drive home and people lay in front of my car blocking my ability to leave my car and hold me hostage on the freeway... Would that be Abduction?
In some jurisdictions, yes, although it would probably be charged as public disturbance or nuisance. In others, the right to protest takes precedence. Depends where you live.
Brown's biggest mistake was to forego his right to a jury trail and instead agree to a bench trail. HOW VERY STUPID TO TRUST SOMEONE WHO FEEDS FOM THE PUBLIC TROUGH TO RULE ON BEHALF OF A FELLOW TROUGH FEEDER.
Yeah we also have this here in Canada. In fact one time a homeless guy was stealing from a gas station while I was delivering the papers. Another customer tried to stop the guy and both me and the clerk told them "Hands off them, let them go." The person then started to go balistic on us about stealing, blah, blah, and we straight up told the other customer "He's comitting theft under $500, you're comitting kidnapping and abuduction, unless you want to share a jail cell for the night with him let him go." Then had to explain, good luck with the citizen's arrest stuff the cops don't have to believe it, and they're also not the owner of the property or a person in charge of it, so they have no rights to any defense of property. Also if the guy stealing had a weapon, you would have gotten us all shot, and that the store has insurance for a reason. So basically had to explain to a screaming vigilante that getting shot or sent to jail over $10 in chips is NOT worth the trouble, the police will deal with it the next time the thief goes into the bathrooms and the clerk locks the door that separates the two areas of the store and locks him in there while the police take their time showing up. Also people, please do not trigger random thieves in public. I prefer not getting shot because you need to do the right thing over $10 of snacks.
The citizens arrest laws have been amended in 2015 and do give authority for any citizen who witnesses an indictable offence to conduct an arrest. Shoplifting a bag of chips may or may not be an indictable offence, so it would still be legally risky to intervene in such a situation.
@@tinkthestrange Not if state law recognizes shopkeeper privilege. More important, locking the thief in the bathroom doesn't expose the clerk to the risk of being stabbed by the thief. Now, if the thief destroys the whole place, sets the building on fire, slams his head into the wall and knocks himself unconscious, there goes your day's profit because you have to temporarily close. Does any store employee get paid enough for this?
You go to leave an establishment and the bouncer puts his arm up to stop you, for what ever reason, say's you not going yet he has questions, you then push past and go. In Australia I remember someone being convicted of kidnap for that in the 80's and they were only detained for the briefest of moments, only a *nano* second.
As an LEO in Virginia, I have levied the charge of abduction against many people who “never touched” someone, but prevented their free movement. Generally an abuser not allowing the abused to leave the dwelling, but in other circumstances as well.
9:10, So, part of his defense, is, he suffered "Pre-Cognitive Strokes" before his encounters with her? How can someone cause you a stroke BEFORE you encounter them, unless you know you are guilty of things you are yet to be found out for. And, if his intentions were to "not let her leave until his demands were met" , he was definitely detaining her. The property's owner that she had to drive over the grass to escape should also file a civil suit for damages due to the plaintiff's actions.
I imagine that was an attempt to challenge mens rhea. His defense reads like a throw a whole bunch of stuff at the wall and hope something sticks sort of thing.
I had wondered that about yesterday's video about the judge, abduction/kidnapping. I'm sure it had a lot to do with that judges tend to be king of the courtroom and given a lot of power within the court.
This is similar to a situation here locally, there's a dispute about a right of way to a beach and the new adjacent land owner has been blocking people in and lecturing them for 15 -30 minutes. here in Canada, that's unlawful confinement, i have a big hillbilly truck and am considering going to have some fun with them. lol
For context. It is a public right of way too a public beach. I live on an island in the atlantic ocean the water is 20 mins away at most from any spot. Europeans have been moving here buying watterside properties for decades and every now and then they think they also bought a beach and a road and turn out sadly disapointed.
That was intimidation because there were several others with him, one of whom was armed. The problem was Simpson was there and did nothing but still got the heaviest sentence.
Wish people would get this straight; govenment officials can come on your property (official business); if the mailman can come to your door, so can anyone else. Trespassing signs are irrelevant.
In Canada they try not to use the designation of "Law Enforcement Officer" as that implies certain legalities such as the need for a warrant. As such, they use the term "Compliance Officer" which pretty much allows them carte blanche to do anything they want short of arresting you. After 150 years of democracy, the bureaucrats have corrupted the system sufficient enough to say we are now more Totaltarian than democratic.
Would make sense to just send a letter or call and notify that from x time to x time a city official may be by the property then you could just avoid this stuff
As I understand it's more that *anybody* can come into your driveway or up to your front door without trespassing as long as they don't have to open a gate or anything like that.
She was following up on a code violation (heard that in the early part of the story) so in that case, doesn't the need for her (the county rep) to go on site to verify the remedy of the complaint eliminate the need for a new warrant? And thus another counter per one of his reasons?
I think what got Brown's panties in a wad was her driving onto his property, not merely her entering to look at his POSmobiles. I know that if someone pulls up in MY driveway (without getting out), that piques MY curiosity. The difference is that I would ASK them "Hi, can I help you with something?".
Absolutely, and as a civil agent she should have at the least the protections of anybody with right of access, like to say, deliver a package. This witch was playing games, point blank simple. If she is that scared, why is she doing the job? I've delivered packages in a personal vehicle to places that are exclusive and met the neighborhood pitbull enforcer in several rural areas in La. and those people don't play and are assumed to be armed. Been "detained" at least a couple times like here. And I would have called the police if needed. But I would have clearly stated that at the appropriate time when it needed to be escalated. This is a clear play to equate civil servants as having enforcement police officer protections. Seriously, it is that cut and dry. Why? Because she's got the same responsibilities as anybody with right of access. I've denied anyone my name until they told me who they were IF I didn't link them directly to a place I'd been. THEN exactly why I was there within expected privacy of thier or thier neighbor's household.
My neighbour's heat pump was very loud. Rule was so many dB measured at 1m from the source. After I wrote them a registered letter asking them to fix it they ignored me. 15 days later I called the town. Young lady from the inspection office asked my permission to come into _my_ yard. She measured the noise from 3 metres from the source (still well above the limit). Because: she would need permission from the offending neighbour to enter her yard to measure it at 1m away. Had it the inspector needed to get into the yard and had been refused, then the town would have had to go to court (or a judge) to get a court order allowing the inspection to take place. Neighbour was ordered to get it under control. And has.
@@maxsdad538 yup--especially as he was likely already pissed about the complaints & he had to remove some of those rusting art items (aka junk cars)... Poor choice to block her, but good his hands were just flailing in the air!
I thought it was a report of a code violation, and she was checking to see if it was, which means he hadn't been found guilty of anything yet, and she was searching for evidence.
prison is far too harsh for such a minor problem. there was no threat, he merely blocked her path yes it should be illegal but at the most he deserves a fine or warning from the judge, not jail or federal prison
You can only hold him for 30 days, after that he wont be able to report on your progress, Did you find a piece of the broken plate missing?(see breaking bad)
I had this happen as a teenager in Texas...I was delivering flowers, and parked in someone's driveway (the home where I was supposed to deliver the flowers). When no one answered the door, I walked next door to deliver the flowers to the neighbor, and I was going to leave a note for the intended recipient's house. In the meantime, the homeowner showed up to the house, and blocked my car in. He went on a tirade over the incident, and it took about 30 minutes of a yelling match to resolve the situation. Too bad that it was before cell phones 😅 But I don't hold people who do crap like that in very high regards...
Clearly the defendant had prior experiences with code enforcement and was taking his anger out on the victim. Sucks to be him now with a felony conviction.
We had a fairly large regional retail clothing chain in my area that would habitually lock the doors at closing time after running all customers out, force all employees to clock out, and the doors were not unlocked until the store was clean almost an hour later. Company is now defunct but not before family earned multi- millions. To the best of my knowledge they were never prosecuted for slavery or abduction.
I lived in Virginia. I once parked my car on my front lawn (under my tree) so I could wash and wax it in the shade. Unfortunately I left it there over night (might have been about 13 hours) and then I got a warning notice. However, as chickensh-t as that is, I wouldn’t think that gives me a right to block someone in at some secondary location just to demand some response-and if I chose to go against my better judgment, that would be at my own peril.
I'm constantly amazed at how in USAmerica "the land of the free" so much freedom has already been lost, indeed given away by the citizens already. In other countries, like say Australia, and New Zealand it is 100% legal to park on your own front lawn. Indeed local authorities WANT people to park on their lawns if washing their cars at home, so water is not wasted and and runoff and detergent residues simply soak into the lawn and get absorbed. Some family homes, perhaps with children of age to have their own cars etc, there is always a car or two, or a boat, parked on the front lawn, even if the grass gets a bit manky and rutted during part of the year. Note that in a minority of cases, some people bought land sections in fancy-pants new subdivisions with conditions on the title deed, which do not allow parking on a front lawn. Even then, as "HOA"s as such don't exist, silly rules like that aren't rigidly enforced.
Kidnapping was described to me as being held or moved while under duress (cannot recall the exact wording). The example this person gave was as simple as a guy has a gun on you and pushes you so you move back. This was I believe in NJ or Delaware.
Steve read the definition of abduction/kidnapping for the state this case was in at the beginning of the story. The way it's defined can vary state to state...
@@sus8e462 yes. I was pointing out another person with knowledge defined it for another state. My reason for why I cannot recall which state (NJ or DE) is that I do not recall if it was at a function where a gun rights attorney in NJ said it or if a person conducting firearms classes for a permit stated it or if another legal expert in one of those states said it as it was a while ago.
@@sus8e462 yes. I was pointing out another person with knowledge defined it for another state. My reason for why I cannot recall which state (NJ or DE) is that I do not recall if it was at a function where a gun rights attorney in NJ said it or if a person conducting firearms classes for a permit stated it or if another legal expert in one of those states said it as it was a while ago.
In TN, the police and sheriffs explained to me that it is a 15ft. stipulation on kidnapping. False imprisonment is keeping someone in a place where they don't want to be. Haven't read all the statutes but that has been the answer for years since the first time I asked the question.
What’s the sentence for abduction? This guy is a total piece of work. My driveway was constantly blocked by drivers with broken cars that couldn’t move it a few feet away to the sidewalk. I had to call the police every time. I installed a tow away sign on a tree, which helped to warn them.
IT's a Class 5 felony under Virginia law, so the sentence carries a minimum 1 year to maximum 10 year sentence. in the Code of Virginia 18.2-47. Abduction and kidnapping defined; punishment. A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction." ... C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
Excellent video and very interesting to me as I live in Virginia and have participated in my share of court cases where abduction charges were involved. The first thing that I'm wondering about is if the original plea bargain was offered under First Offender status (if he would have qualified) and the sentence would have been suspended if he agreed to enroll in the usual counseling services with a local CSB, which is normal in these types of cases in Virginia? Without being present during the actual hearing or knowing which attorney represented him it's difficult to determine what actually happened in the courtroom, but I would think that an experienced and competent defense attorney would have been able to win this case fairly easy as the code enforcer remained safely in her vehicle the entire time, wasn't trapped in a confined space such as a driveway with only one entrance or exit and was able to leave at any time she desired (which she clearly demonstrated IMO). If the defendant would have stayed quiet or chosen his words more carefully then any intent to detain wouldn't even be a question or issue. The defendant probably just needs a better defense attorney for his appeal if he wants the charges dropped IMO. On another note, I'm surprised that the deputy CA who is prosecuting didn't charge the defendant with trespassing as this all occurred on a third party's property and trespassing charges would be warranted. Thanks for the great video. It's very interesting
Once again, Steve apologizes for publishing a longer-than-usual video, but this time it's IMO particularly ironic. For the apology to be at all necessary, Steve would have had to somehow make us watch the whole thing, even if we didn't want to---disable fast-forward, stop, and other controls, and even prevent us from leaving the place from which we're watching the video. And that would be "abduction"! As it is, I'm pretty sure everyone who watched the whole thing (as I did) did so of their own free will, and many valued that long explanation. This channel is worth *so* much more than we pay for it!
I know an insurance adjuster who was inspecting a roof when the homeowner asked him if he was going to pay for the roof. The adjuster said he couldn't say until he completed his inspection. The homeowner took his ladder away and told him that he would put it back when the adjuster agreed to pay for the roof. The adjuster said he would as he had found enough damage, but the homeowner said he didn't believe him. The adjuster called the police from the roof and they happened to be nearby. They arrested the homeowner and the charge was, if I remember correctly, false imprisonment and because it was an extremely hot day, some kind of endangerment charge.
Justified. No need to put someone's life in danger over a roof. I took an adjuster class. They get paid very well, to do that job fairly. It behoves anyone to understand their insurance policy, the details matter!
Removing the ladder and trapping person on roof is hostile kidnapping.
The person would have been injured to leave the roof. Hostile.
It would not matter the weather, if the man wanted to leave the roof, even if it was comfortable up there, the homeowner would have been facing the same charges. The fear of not being able to exit the roof, safely, would also have to be dealt with.
@@cynthiarothrock4255 In at least some states (mine included) that's some kind of unlawful detention/restraint. In my state part of kidnapping is forcing or inducing some involuntary or fearful movement of the victim. Difference is a max of five years for unlawful restraint and a max of seven years for kidnapping.
@@jasonbenoit1888 Only lawyers and insurance agents can understand them, it takes what, a 200 hour masterclass?
A few years ago we had the HOA Board member who was a nasty person knocked on our door. He pushed his was in our house past me. I’m disabled and in a mobility scooter to inspect my private home. The issue was unapproved changes for my disability. I told him he was trespassing but he refused to leave. My wife ran over to the neighbors who is a police officer. The Officer and backup police arrested the HOA board member for trespassing, breaking and entering and assault on a disabled person. Also a No contact order was issued. Week later we were hand delivered a letter of fines by the HOA. The Judge told the HOA they were in violation of the no contact order. Our attorney filed in Federal court for ADA discrimination.
The HOA finally hired an attorney who explained the HOA was in violation of my laws.
The HOA board resigned, two pleaded to lesser charges and we settled. Most quickly sold and moved away. Now we have a good HOA board with new regulations.
I love hearing stories where bad HOA's get nailed to the wall. Thanks for sharing!
After all that you still went with an HOA? The board may be good now but that can change. HOA’s almost always get power hungry, and those who sign away their rights to live under one are afraid of freedom.
in violation of your rights you mean. that was rich when they wanted to fine you so bad that they committed crimes, then violated no contact order to fine you to put the nail in their own coffin... all that HOA was looking at was collecting money and doing whatever it took to do it
This one is a good story Steve should read this story!
ADA trumps HOA, woo!
When my Uncle worked for Fisher Body Olds in Lansing, the plant went on some sort of lockdown and security wasn't letting anyone leave. According to my Uncle, one of the workers called the Police and told them he was being kidnapped by GM. When the police showed up, security had to let anyone who wanted to leave, leave. Everyone wanted to leave!
I remember ads or claims “body by Fisher”. Was there an emblem on front door lower panel? Maybe a carriage?
Door threshold
@@blackhawk7r221 yes. Thank you!
@@blackhawk7r221 that used to mean quality!
You guys at Fisher Body have always been a bit on the bold side. Did they ask for overtime pay?
This guy is a real hard head. In a class on aviation law, I learned that an airport fixed base operator who blocked in a private airplane for which fuel or service bill had not been paid risked facing a charge of illegal confinement. Good lesson.
A lien would be assumed to be on the aircraft at that point. Preventing it from moving is an enforcement of the lien. The pilot is free to deplane and move about freely.
You might be right. Or perhaps he is tired of being harrassed by the county. We'll never know.
I wonder if the “shopkeeper’s law” he cites would apply here.
Yeah, exactly the same thing apart from being totally different.
@@paulbruns2473 It would not, actually. That is actually addressed in the opinion by the appeals court. Assuming the defendant's claims in the best light at best he would have a civil claim against the county. However a civil claim does not satisfy citizens arrest, so he would still lack the legal authority to detain meaning it's still a violation of the 18.2-47 statute.
I work Security in Virginia and I train many of the new employees. It's a very large property with good hiding spots to have a little fun in the late hours of the night, we will find vehicles parked here or there for different reasons, but many times is a disabled vehicle. I emphasize strongly to the people I train to NEVER block someone so they cannot leave, Its illegal even if they are Trespassing. If they jump in the car and run off Perfect, no longer my problem, take any information I can get and forward it on to whom it needs to be sent to, its also dangerous, a person who gets trapped will react differently, it can be perceived as a threat. I am glad this idiot was held accountable.
Best SOP is to let it be SEP whenever possible. Leave them a way out unless it is so severe you are going to go hands on to make an arrest.
Last time I was in Virginia I got chased up the break down lane on 95 in reverse at speed by a tow truck that tried to hook up my car with me in the car. I was taking a nap. What a way to wake up. Yes I was reckless in reverse, but... I got away.
@@petevenuti7355 Lmao that means the police called in the car for tow and didn't even stop to look in it... I towed in Virginia for about a year, cant move anything on publicly owned space without police order. That is an amazing story!
@@petevenuti7355 Did he think the car was rolling on its own or did he look himself I wonder.
@@RegazozoGaming I am 100% positive he was chasing me, trying to get me boxed in between an overpass and traffic , I also committed to the maneuver, either I got an opening or I crashed the wall with the gas floored. Luckily I not only got one lane free , I got two , and I was near the state line.
Steve, here in Texas my wife was in the driveway of her deceased father's home which was supposed to be unoccupied. She found a family member and his girlfriend squatting there. Another relative showed up and used her car to block my wife in and refuse to let her leave. The local sheriff's department said that that other family member was guilty of unlawful detainment / kidnapping. The sheriff said that they would prosecute, but it's been nearly a year and we haven't heard anything. My wife recorded everything on her phone and submitted the evidence to the prosecutor's office.
I'm not at all surprised that the cops would shine you on and blow you off. What a lousy situation. Since they felt free to go live in his house, I'm sure they felt free to dig through his personal possessions and steal what they wanted, too.
If the car belonged to the squatters I would have just came back at night and torched it. Eff Them. Squatters should be taken out behind the woodshed.....
This is because the legal system doesn't really care about the public! But they will protect a state actor like in his video.
@@rimc8783 they should have protected her. And anyone else in this situation
@@rticle15 Yes your right but they won't. They probably didn't even get the people out of the house because it's a civil action! This is the government messed up system.
judge, i didnt abduct that person, they eventually escaped from the basement, went out the back door, jumped the fence and ran across the yard and got away... i love the logic of some people... 😂
if they stayed off their relatives for a few generations, applying logic would become easier
Well it shouldn't be abduction as from what I heard he blocked the vehicle which not only was able to leave but didn't stop tge person from physically walking out because the person never tried. Unlawful restraint maybe
@@johnree6106 Well unlike you The 12 people empaneled on the jury in Charles City County who found him guilty have functional hearing. Given they literally have him on record expressing what his intent was.
@@tekcomputersBut my point was on the use of the word abduction instead of unlawful restraint. Not if he was guilty or not Even so as she was able to leave honestly he seems to have had a bad lawyer 🤷. Now here's the question is someone legally required to move their vehicle if asked by an individual who doesn't have any authority on said property. I don't know much if he was parked on someone else's property or just parked on the road blocking the driveway. I don't know but as I have been blocked in by people parking on the road preventing me from leaving my house be fun I can charge them with kidnapping now.
Alternative example, a room with two doors and I lock one and refuse to let someone exit that door but don't block the other, am I abducting them? In this case I don't think simply parking his car across the driveway is what got him in trouble, that would just be a parking fine.
She was leaving because he had less junk cars in his yard, then he does that. Way to snatch defeat from the jaws of victory!
lol
why does she needed to go into the drive way to kept for junk cars on the lawn?
Imagine the next time she comes around. That paint looks like it could be peeling... Looks like there a problem with the shed... She could hen peck him to death.
@@Revkor Not all driveways are short and easily seen up. Could be it was long and/or the yard was heavily treed or overgrown blocking the view.
@@Revkor It was in the back yard. The video says she drove up far enough to see into the back yard.
I'm not a lawyer. I cannot give legal advice.
But I will say with certain confidence that taking the stand as a defendant of your own accord never seems to work out well. Just an observation from a layman.
“A lawyer who represents himself has a fool for a client.”
Another thing to keep in mind: in pre-modern times, boys and young men were instructed by their elders to keep their passions under control, and not to "go with their passions." Even the Iliad, which was composed around 800 B.C., begins, "Sing, goddess, of the wrath of Achilles, that brought untold woe upon the Achaeans...." The Achaeans were the side in the Trojan War that Achilles was on. The Bible is full of advice in a similar vein. Testosterone causes men to have more explosive passions than women (which is why women win so often in emotional manipulation battles). It is not by accident that modern advice that men should get in touch with their emotions is an age dominated by feminism and disdain for males.
@@microcolonel Its just one of your fundamental rights. But yeah, using rights makes you an idiot.
Law dramas on TV always tell the client “You cannot go on the stand. The prosecution will twist your words & make you look guilty.”
Worked well for Kyle Rittenhouse at least. But it does seem to be the rare case.
So what did we learn from this? 1) Don't pursue someone after they have left your property. And 2) A 10ft minimum privacy fence with a locking gate is must for property owners.
Knucklehead shoulda left her be after getting her card and took it to civil action.
fences may not be viable option in all cases. especially if the property is very large or has paths and roads going through it.
"People like arguing about stuff because they like arguing stuff" says the Lawyer LOL
That's exactly why most laws leave room for argument.
That and because they get paid to argue.
In addition it ensures people with wealth the ability to buy their way out of trouble. They can afford to buy attorneys judges & the lot to decide what's reasonable in a rich man's case isn't in anyone else's
Are you getting that vibe about Steve here too? LOL He's really building up a story in his mind about a code enforcement officer that has clearly upset him.
Well he’s not wrong
In my jurisdiction, this would be called "false imprisonment", or "criminal restraint", which appears essentially the same as "abduction" in this case. Does not appear this gentleman's counsel did him much good, or that he listened to counsel. Seems pretty clear cut that he committed the crime alleged, regardless of how anyone feels about their local code enforcement:-)
Question though. If they wanted a plea deal for a misdemeanor, can it be upgraded to a felony, not a lower crime like you mentioned?
It is not upgraded to a felony, it is downgraded to a misdemeanor for the potential plea deal. This happens in many cases. The prosecutor is not obligated to prosecute at the lesser level.
HOW ABOUT FALSE PROSECUTION AND CONVICTION ?????
@@bobsaturday4273 seems clear cut he chased her down abducted her on someone else's property. She probably could have shot him to escape.
From what I've been told, if you can walk away on your two feet, and you haven't been threatened if you leave, you are not abducted.
Your discussion of the "common law" is very well done. Many people do not seem to understand how far back in history "common law" goes. Most of the laws followed in this country and throughout Europe have some basis from common law. Well done.
Common law usually dates to the Roman Enpire’s laws which were established 2000 years ago
Why dont police officers who unlawfully detain people get charged with abduction/ kidnapping. And can people who are violated in such a way press charges on said violators?
I've had similar situations occur during my career as a PI where I was detained, even by individuals who weren't the subject of my investigation, under some nebulous notion of my presence being 'suspicious' behavior. None of them were ever arrested, but they always received a stern admonishment from the responding officers that their actions were unlawful. One such individual, much to his surprise and horror, was told by a deputy that I would have been within my rights to shoot him dead on the spot. Fortunately, I've never felt like was in any real danger, so I always waited for LE to arrive and sort things out.
All I can say is that I’m glad your not a gun toting lunatic and you’re willing to use a gun only as your last resort. It scares me how many people out there are willing to grab their gun over any situation
Cops do it all the time. Holding people because they look suspicious. 1st Amendment Auditors have it happen a lot.
You where a PI, you follow people and take pictures of them discretely Why would someone think that is suspicious?
@@atsylor5549
Yeah, I guarantee you don't want to do that. Way too many gun-toting people seem to be just dying to shoot somebody. I'm big into the 2nd Amendment but people need to think! It's like, "I spent all this money on a gun, ammo, and training, of course I want to use it!" If you shoot somebody, even being 100% in the right, the amount that you spend on legal representation, even if you're not charged, will sorely make you wish you'd just got on with your day. If you killed them, you will probably wind up on the ass end of a wrongful-death lawsuit. Paying the lawyer fees for that will be like buying another house, you'll be paying that until you die unless you're independently wealthy. I guarantee you don't want any of that.
@@atsylor5549
I'm big into the 2nd Amendment but using your gun should be the LAST resort. #1 is avoidance if at all possible.
Police should be similarly charged when they illegally detain citizens.
You are ethically correct, but that bumps up against the wall of "qualified immunity" and gets swept under the rug.
I think it's neat how as Mr. Lehto is explaining a point of law, another part of his brain is three steps ahead foreseeing possible rebuttals and arguments that may arise. Both in court and on the comment thread. ⚙⚙
Which typically doesn't help. There are multiple people making arguments in the thread that the Defense lawyer already made and lost. They are the definition of insane.
Another example: in Calif penal code, "lynching" is taking a prisoner away from law enforcement, regardless of motive or what you do with them afterwords.
I think the assumption is that you've broken them out of jail in order to "make sure justice is done." The body may or may not be found afterwards.
So do I get charged with lynching if I break my friend out of prison? Lol
Interesting - antifa communists do this a lot during riots - they call it "de-arresting". It's actually lynching! Who knew?
"Pursuant to Penal Code §405A requires that the police are grabbing someone who is involved in a riot, for example, and somebody else comes along with trying to help them with fighting with the police helping the person break free and then they can be charged with this lynching crime which is a felony. They could be looking at up to four years in prison."
Rescuing a friend would seem to fit the wording of the statute. I don't know how you would actually be charged.
California Penal Code 405a used to define lynching as the removal by riot of a person from lawful custody of a peace officer. That was amended in 2015 to remove _lynching_ from the statute in an effort to clarify it. Rioting and removing someone from police custody is still charged as a felony.
I kidnapped someone once. Years ago I was at a party and my friend was drunk and was going to drive home on his motorcycle and I held him against his will for a few hours until I felt that he had sobered up enough.
You are a great kidnapper. Well done mate
Good for you, you are a good friend.
Seen that happen on several occasions...St Paul MN Feb -20 below ... one that ended up in a fist fight.. gave him his keys, He went down to Burger King, fell a sleep in the drive up line, engin running, window up, heather kicking ass, cops pulled up.4th DWI county employed 19 years, fired on the spot, jailed for ever, (Most Stupid Shit I ever seen for not listening to a friend)
Was at a work picnic once. Female coworker got absolutely plastered and eventually put her head on the picnic table and fell asleep. So we (with a female employee along) drove her home (another employee followed in her car) and gently put her to bed in a safe position. About an hour later, she wakes up and DRIVES HERSELF BACK TO THE PARTY. "Yoush guys put me to bed! I wanted to stay at the parrty. That washn't vrry nish!" Seriously, nice kid. Upon first meting my brand-new girlfriend at another event, she kept repeating "Whensh th weddngg?" over and over. She called it. 30 years married this October.
@@ostlandr Congratulations Mark! You have done well young Padawan. :D An enduring marriage takes effort on both parts. No great work is easy, (that's why they are so rare), but the results are well worth it. My wife and I just celebrated our 39th. May you enjoy many, many more!
I've always wondered why they can't use these laws when people are blocking a road (while protesting), and traffic is locked up behind them (the driver).
I think as long as protesters are only on one side of the car, and aren't making any hostile moves, you aren't trapped when you come up to them, you are technically only trapped later by cars behind you. If there are protesters both in front of and behind, then that sometimes is treated like abduction/detainment. If you were already stuck in traffic and protesters showed up in front of you and blocked you, you might have a stronger argument there. But as long as there is a theoretical way to just avoid them and have no worry about them coming after you, it's a matter of judgement about whether it counts. I do think more of these "protesters" should be prosecuted under traffic laws for blocking traffic. The rights to speech and assembly don't cover denying access to locations, especially standing in freeways that are for "motor vehicles only".
@@Br3ttM No. There have been well-documented cases of BLM types surrounding vehicles and not letting them leave. Harrassing them for hours. Nothing happened to them.
@@dizzywow Well, they've also burned a courthouse and some police stations on the West Coast, so it depends on whether the state or local government approve of them. Those states also let shoplifters just steal as much as they can carry, and sell it openly on the sidewalk half a block away.
I think Florida or Texas said to drive through them or shoot them if you need to to escape, so some governments do see it as a serious crime.
Depends. Trucker caravan = block for weeks! BLM = get run over immediately.
That and your constitutional right to travel... The protesters are not of the correct political persuasion to be prosecuted😏
This guy Brown sounds like a real piece of work.
Defendant goes ballistic when she goes onto his property, then he goes onto someone else's property to detain her there. 🤪
Exactly! The 2nd person could've gone after this guy for trespassing
The people who do this sort of thing are not always deep thinkers.😀😒
I'm sure either he didn't get out fast enough or it seemed suspicious when she started going to multiple places.
@@zappyeats2579 then observe and report, no one asked him to take on the role of block sheriff, he took that upon himself without knowing the law... Maybe people should learn to stay within their lane or area of expertise, no?
@@goodcomps right or wrong in alot a places that is his lane. Ever heard of community watch? I'm not saying he was right or wrong.
Sounds like this guy was an old Daren that thinks he has the power to place his will upon anyone he feels he wants to. By him refusing the plea deal, tells me he is living his life, feeling he is above the law, and probably would not listen to his attorney, because I am sure the attorney would feel, the plea deal was the best avenue to follow.
I bet you would be mad if people were using your driveway with out your permission- then when you walk down the street to ask who tf was in your driveway- you get arrested. Classic American Freedom
@@Seldomheardabout he didn't get arrested for asking a question, he got arrested for not allowing a person just doing their job, to drive off, when they wanted to. Everyone should understand, you can not force your will, on anyone else. This man could have gotten into the same trouble, if he would try to stop his own wife, or adult child, from leaving when they wanted to.
I’ve been telling people this is true… most people still don’t believe preventing someone from leaving is a crime.
I once argued this to a bus driver (in Canada) who refused to release me onto the shoulder of a road, when the bus was stuck in place for over an hour and a half. He claimed that he was not allowed to do that, and I told him that not letting me out would constitute a indictable offense. I found the manual override and he shut up. For reference we were just a few meters from an access gate, through which I exited the freeway easily.
I did not feel like urinating in a bus and then getting in trouble for that, I'd rather try my chances with maybe being cited for walking on the freeway runoff.
Driver was probably told otherwise.
Had you decided to hitch hike on the freeway the company would worry you might try to sue had you been hit by a car.
So I don't really blame some of these companies for going overboard given how easy it is to bring a spurious law suit.
And if you had been hit by a car, you undoubtedly would have sued the bus company (or government unit) for putting you in peril. That's why they won't open the door. If you take them to court for unlawful restraint, their safety argument will probably win the day.
@@Cheepchipsable a lawsuit like that is very very very difficult in Canada, and the operator is directly tied to the Government of Ontario, making them extra double hard to sue.
@@RaineStudio a bus operator has no duty of care to people walking across the runoff of a freeway. Merely letting you do something ill advised is not going to render them any liability.
people don't seem to understand that "policy" and "rules" do not supercede laws or give them any sort of legal authority.
My teacher is constantly kidnapping the entire class day after day after day with no repercussion
Thanks for your report. The FBI is informed and will help you after it is finished with being corrupt.
Omg do you parents know about this?
Lol
More like the teacher is being held hostage 😂
@@donchristie420 BLINK TWICE IF THE CHILDREN ARE BEING BIG MEANIES
Steve I live in Maryland, about ten miles from Virginia. The law here is very similar to Virginia's law. One of our neighbors repairs cars at his home, and has a mini junkyard of derelict vehicles in the back. The county sent someone to his house to post an order for him to remove the junked vehicles or face stiff fines. He came out, and the county worker left when he became aggressive. The neighbor then chased the kid, an 18 yr old intern, until he boxed the kid in a dead end street. The kid called the Sheriff's office, and the neighbor was arrested, and later convicted of kidnapping even though no threats of harm were made, or any physical contact made. Virginia calls it abduction, and we call it kidnapping, but its basically the same thing.
So just because he was able to escape afterwards, its still abduction, since its like saying the child victim escaped after the kidnappers held them for two days, but its no longer kidnapping or abduction because they got away. No, it don't work that way, he's guilty, and deserves his conviction and sentence. He thought he was smarter than the prosecutor, that his reasoning was superior by taking to trial, and he lost. So now he can deal with it. All criminals believe that they are way smarter than the cops and prosecutors, then cry about what a huge injustice it is that they are suffering, and its not their fault because they did nothing wrong. They are all victims because of their own entitlement and stupidity.
You always have interesting videos. But you have an annoying habit of repeating yourself a lot. Say it once and move on please
Cant speak for tge circumstances, but becareful calling other peoples stuff junk, lots of cars selling for over a 100k once looked like junk according to someone else, bueaty is in the eye of the beholder, and getting between a man and his stuff, is a dangerous idea, afterall if a $100 car has been the parts car to fix something else, you have then spent on surviving you may see it as the only reason you ate for a month.
This applies more so the further out you are. People love there safe cities, but tend to forget most cities were a country town not that long ago.
If you come on my property without permission, you WILL be detained.
"Some people like arguing about stuff." Like lawyers.
and people who are ODD, or BPPD as well.
Trying sitting through a law school class where half the class is spent with a "think they know it all" arguing with the professor about a subject the professor is an expert in.
@@stevevarholy2011 Been there, done it.
@@ryanroberts1104 And me.
@@stevevarholy2011 yeah, been there. My responce always was, "If you know more than I do, your instructor, why did you spend all that money to come here? Why are you not in the field or teaching me this class? Did you pay 30K just to telll the instructors they don't know anything? That's a waste of your money and my time, as well as the classes. You could have done that for free on facebook...
I love your ability to describe these cases. Thanks!
Steve,, do you know why no geologist has ever been convicted of perjury? Answer:they always come into court with rock solid evidence.
🤣🤣🤣
stealing that
Could they sue on grounds of subduction?
@@mattwilliams4222 I will have to get back to you, my plate is full and i feel an instability coming on ;>
As someone whose dad and my favorite subject is geology I chuckle.
I have seen videos where people have been blocked from continuing to walk on a side walk, nor will they let them leave. To me, it seems like the same thing. Usually security guards doing the deed.
Isn't that false imprisonment? If you feel threatened to leave or have to take drastic measures to leave.
Most people are sheep. They’ll just do what they’re told. As soon as the guy realized she was with code enforcement, he should’ve just gone away. They can foul up your life worse than the IRS.
In some very limited circumstances, security guards might have some legal privilege to detain someone, which might make it not a crime (e.g. a security guard working for a store might be able to detain a suspected shoplifter while waiting for police to arrive).
@@RickyLHendricks Right mess with a code enforcement person they can retaliate . They can nit pick and cite you for any small petty violation. If you didn't upset them they wouldn't.
@@jos_meid I would think that could fall under the shopkeeper exception as the guard might be considered as an agent of the "Shopkeeper".
I agree with court. The man overreacted and displayed poor judgment.
I disagree with the court.
1 of the judicial branches functions is to keep the other branches in check.
The legislative branch should not be allowed to make up or alter definitions to words or terms for which widely accepted definitions already exist.
They are "making crimes out of things that are not crimes" (Abe Lincoln).
Abduction- to seize AND TAKE AWAY a person by FORCE.
When the avg person reads about his charges , the avg person will think he abducted someone
That's bs.
When the courts fail to keep the other branches in check its up to we the people .
1 such way is jury nullification. Too bad this guy fell for his attorneys trick to put his fate in the hands of a judge, especially when it's a matter where the alleged victom is employed by the gov to secure revenue for that gov, they same gov that employs the judge!!!!!!!!!!!!!!
Wtf!!!??
Does anyone not see this?!?!?! Follow the $$$$$!!
Follow the corruption.
If it woulda went to jury trial , I wouldn't trust the judge to preside without prejudice, but ....
NO. They should have let him plea bargain down to a lower charge. "Abduction" is the kind of crime that is horrific. It often happens to children. It should not be taken lightly.
The statute over reacts . The gov over reacts as it over reaches.
Abduction is abduction. Not anything that is less.
In addition
He lives on the country and they tell him every vehicle on his property.(his property he pays property tax on) must have had current property taxes paid on them or he pays more taxes in the way of fines.
That way they can hire more judges, prosecutors and russells so they can be more efficient at making him pay more & more.
Guess what happens when this man is put away and his property sold or seized?
Guess what happens when they've crushed every spare parts car in the county (besides there being a shortage of car parts which we already have )
They aren't going to fire this revenue collecting, conviction getting dream team from founding fathers nightmare.
Oh no!
Legislators will come up with more ways to ensure their jobs are secure at our expense!
@@Zurround
Exactly!
They are the ones over reacting
@@jupitercyclops6521 I posted above that I made up a term that I call DILUTION OF OUTRAGE. If too many people are tried for a crime our ability as a society to be outraged diminishes. I disapprove of kidnapping charges for example if all a robber does is make you go into another room for a few minutes while they take your stuff. Robbery is a serious enough crime. But to equate that with some of the horrors of kidnapping diminishes our society's ability to feel outrage. Outrage got diminished with RACISM a long time ago because too many people were accused of being racist.
Steve - Great story and well presented !
I enjoy listing to this channel. Explanations are clear and understandable to the lay person.
Really interesting topic, Steve. Thank you for your channel and its content.
As a hotel clerk, I've had someone threaten to charge me with kidnapping when I was standing in a doorway, preventing them from leaving. The context is that they were threatening a housekeeper, and I wanted to make sure he didn't chase her. That lead to a dismissal for me, as technically, if there'd been a fire, the man may have been in danger... and even if not, I had no right to stop him from leaving the room, and by extension the premises. The law is the law, but... sometimes, it really screws someone trying to do the right thing. The detective in charge told me that I could have been charged with kidnapping and assault (I'd told him I'd 'whoop his arse' if he tried to follow the houskeeper, out of the room). In the end, just got fired.
"Fired" is not a term that should be held in high regard in these Latter Ones -- better to say, that you'd been "Offered an Opportunity to see if the grass really IS greener, in someone else's yard. (Steve didn't mention who got Billed, for filling in the ruts in the neighbor's Landscaping.)
When you are made to pay for doing the right thing, you know you're right even in spite of injustice.
That does suck. If the cops declined to charge you, it seems like the hotel owner/corporate would make the same determination and it would all be good. Firing you was a sackless move, they took the nuclear option on something that might be worthy of counseling or maybe you don't get a pay-raise for a year or something. It should be recognized that you were trying to protect somebody, you weren't just doing it to be a bully or because they pissed you off. It also shows how much the hotel values a housekeeper, not much, apparently! Just throw her to the mercy of somebody who literally assaulted her (that's what making a threat is).
you did the right thing , the way these snot nosed punk cops attempt to take the writing of law to unintended depths is disgusting and not what the law was written to intend , especially when considering the safety of the third party which you were protecting . thats how sick and malignant law enforcement has become when they do not consider the common sense and right of situations FIRST .
Shows just what the hotel owner thinks of the safety of their housekeepers.
A few months ago, a man blocked a delivery driver from leaving his driveway I forget why he was so mad. He got charged no idea if he was convicted too. There's body cam video of it out there.
If it's the one in thinking of, he was upset they drive too fast on gravel private road. Trite shit.
Delivery person was not delivered to his house and using his driveway would be my first guess. It's called TRESSPASS.
I also suspect that there was some bias involved as well. He's white, the delivery driver was an African-American Female.
I remember that one! The cop didn’t want to do anything at first
@@cynthiarothrock4255 right but you can't abduct someone for trespassing lol
As my Dad always said " There's more Horse's Asses than there are Horse's
I gotta remember that one lol
Your going overtime Steve was worth every minute. Great explanation.
I had a similar situation happen to me when I was delivering food and parked on the road outside the client house. The guy came out knocking on my car window claiming there was ice cream missing from his order. Not my problem, he had to call customer support. He threatened me and tried to extort me, saying I was not leaving until I agree to reimburse him the entire cost of the meal right there or go buy another using my own money. Talking about smashing my face in, is this your car it would be a shame if something happened to it, you will know it when I get my buddies out there.
I wasted 15 min calming him down and calling customer support for him only to be told he has to physically call, so then I tried to leave. Guy stood in the road. I said I would call the police if he did not move. He did but punched my car as I drove past. I could have pressed criminal charges against him, and sued in civil court for my loss of income while being detained, but none of that seemed worth it.
which is why he felt fine about his behavior then, and will do it again in the future. No one has called him on it, so what just happened, only reinforced his behaviour for the future. I get why you avoided the drama, but, people should be held accountable for their actions. However, the local DA could have pressed charges on your behalf, or theirs.
@@goodcomps Don't shame or chastise somebody for not pressing charges. That person seems unstable and could have tried to harm them further.
@@halcyonacoustic7366 ok boss, but a dose of realism, is not chastisement, it is just what it is. REality. I am not wrong in my earlier statement. PS. Sometimes, the obvious must be stated, no matter how it is recieved. Evil triumphs over good, only when good people do nothing...
I would have even if I had to crawl to the courthouse
@@halcyonacoustic7366 the freedoms you enjoy were earned by people taking a stand,think on it
I had video evidence of me being in the same exact situation here in Racine Wisconsin, but the Sheriff here refused to press charges, even with multiple video evidence of the whole situation.. smh...
Two different states. They may have different statutory requirements for kidnapping/abduction. I live in KS, this wouldn't meet our definition of kidnapping, however it would meet the requirements to be considered criminal restraint.
He turned a "no violation to be seen here" into a felony.
Code enforcement officers are bullies and think they are above the law. No way she was scared, no way she hadn't been stopped like this before. Alot of times thier cars aren't marked.
@@zappyeats2579
Not only are they not bullies here, they're cute and chirpy and quickly overlook "violations" that do no real harm.
If an officer detains you for "suspicion", which happens quite frequently, can he be sued for abduction?
Errr... police are legally allowed to "detain" people. Even "arrest" people.
I know you are joking, your comment sounds like something I would have said when I was a child breaking laws
To answer your question, look at section C of the Virginia Statue.
§ 18.2-47. Abduction and kidnapping defined; punishment.
A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction."
B. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of "abduction." For purposes of this subsection, the term "intimidation" shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States.
C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.
This would be harassment at the most in Alabama. Class c misdemeanor. Crazy how things change state to state. great breakdown
Very good Steve, your an excellent teacher.
I suddenly realize I've seen abduction many times in my life.
Yup. Those angry blowhards with overly heightened senses of self importance could definitely learn some pretty hard lessons if every cop followed the letter of the law every single time.
the pigs do it every day
You know, I expected something more questionable, but as described, nope, I'm all on board with that being an abduction legally.
When we had a house near downtown close to the university, people parked in our driveway all the time, as it was the only one around. Parking was nearly non-existent. So I just blocked them in, but since I was then parked in my own driveway, nothing could be done.
So my girlfriend comes over and I won’t let her leave my house for months guess that’s ok since it’s my house I can keep her there if I want too ur theory is stupid
@@TheMechanicj no and the fact you take it their makes me question your humanity. You used yourself, not a true hypothetical which is just someone out their. Have you kidnapped a girlfriend in the past???
@@TheMechanicj there's a huge difference between not letting an individual leave your house and parking your car on your own property and going inside never interacting with someone
Your comment is stupid
@@Greg_Gatsby Happened to me. Shared driveway (NYC), neighbor "let" someone up the street pull his undriveable (missing rear bumper and thus tag) into "our" driveway while he was on vacation! Good thing mum (RIP) got a bug up her ass about "whose car is that in the driveway?!?" and confronted the guy. "Oh, he let me park here", "But *I'm* not letting you park here, so if it's not gone by tonight, I'll have it towed!" Bless her heart...
Instead of routinely trading a-hole moves with a long series of perpetrators, why not do the proper thing and find out the procedure for having them towed to an impound lot for illegally parked cars? Post ai sign quoting the statute enabling a property owner to have cars towed away, and the cost of retrieving the car. Problem fixed, nobody would park there.
So glad i joined up on your site. The law is just. But when a lawyer can prove it is otherwise wrong in the
Courts judgement. Then said law is not justice but harrassment. Keep doing your service i understand legalize much better than before.
thanks Steve! Always looking for new/fun programs. Very informative w/o belaboring mundane details. Good stuff!
This is the perfect example of "Play stupid games, win stupid prizes."
This is the perfect example of a citizen being criminally charged with a serious crime & the legal definition of that crime is drastically different then its widely accepted definition..
This is also the perfect example of a person not only being charged with a falsely defined crime, but the alleged victom is employed by gov to generate revenue for gov which happens to also employ the prosecutor & judge.
All 3 get paid by the revenue that all 3 generate as a result of their employment!
If that's nit a racket!
How did you put it. "Play stupid games?"
Sounds about right, except being charged with abduction isn't something most would think of as a game.
Attorneys & judges might
Defendants not so much
@@jupitercyclops6521 Kidnapping is widely and commonly know to be when you take someone, or prevent them from leaving someplace. Is it only kidnapping if they blindfold you and leave a little message written out in cut up magazine letters? He blocked in her vehicle, and stood outside her car and stated I'm not letting you leave...seems very clear...and clearly ill advised to my review.😀
@@jupitercyclops6521 Then don't plat the I'M NOT LETTING YOU LEAVE game, and they wouldn't get charged with it....and to then refuse a sweetheart plea deal. Given the nature of the way the story seems to portray the accused, it seems pretty likely they have a chip on their shoulder, and have not (to this point) realized its often better to pick your battles carefully. You can complain about "The Man" but that doesn't mean the best way to combat them is in the most miscalculated and disadvantageous way possible.
I firmly believe that there are a LOT of problems with code enforcement, and the overreach can indeed be real. But lets be intellectually honest in our analysis of the situation. What would a reasonable person expect the outcome to be when they do what is alleged here? Would you expect a different outcome?
@@jupitercyclops6521 Falsely defined crime? The crime is defined in statute. Nothing false about it. The issue is more an issue of your false expectation.
A woman in Montana was charged with abduction for pinning a young man to the ground and holding him until the police arrived. She thought he had committed a property crime. He wasn't the criminal. She lost her job because of it.
Yeah, you have to be reallllly sure a crime has been committed before arresting someone.
@@warrensteel9954 And that the crime in question is a felony...at least in some states.
Hey Steve, funny story regarding a Judge my dad heard correcting a defendants argument contesting their speeding violation in a Las Vegas court. The man said “I was just doing the speed of traffic like everyone else. Why didn’t this cop stop anyone else.” The Judge replied “If five guys rob a bank and we catch 2 of them should we let them go because we didn’t get the other three?” Game over!
the jduge was a moron. the analogy is flawed. the proper analogy is "robbing a bank is normal" and EVERYONE does it. EVERYONE and the police "willingly permit" people to keep robbing banks right in front of them but then for "whatever reason they decide" they PICK only some people to stop and charge for the bank robbing EVERYONE is doing and EVERYONE is being implicitly allowed to do on a daily basis.
THAT is a correct analogy. the citizen is correct. the judge is a moron. the law or at least its enforcement is wrong.
That is not law enforcement. its revenue extraction at best racism/profiling/retaliation at worse.
Lmao, no but you have to apply the law equally to all who break the law. So if you are just singling out one or two out of the masses who are doing the same thing then you are no longer enforcing "laws" for public safety but for profit which is illegal.
The courts have perverted the legal system soo bad, they can't keep the shit straight themselves.
A more apt comparision would be if the three guys pointed their guns at the 2 that were eventually caught and made them assist. Statistically speaking it is less safe to go the speed limit on freeways than it is to go 8 mph over because of the danger a "slow poke" causes. for that same reason, it is slightly more dangerous to go 5 under on a freeway than it is to go 20 over. If traffic is going 15 over, it is significantly more safe to go 15 over (assuming good driving conditions) than it is to go the speed limit.
In other words, speed differences are more dangerous than the speed in most cases and being an outlier toward faster speeds presents less danger to your fellow drivers than being an outlier towards slower speeds, because traffic navigates all the cars around a slowpoke, but a speeder navigates around traffic.
Judge: “Even if true, the law is the law. Sign says 55 abd you were doing 70, so you violated the law. Guilty.”
“If you don’t like the 55 law, call your legislator and ask them to change it. It is not the job of judges to change laws. We enforce them as written.”
“Dumbas.”
I appreciate when you post to Rumble. I am not throttled and am allowed to watch the entire video. Please gives us on Rumble more videos.
Speaking of "they did something wrong, too", my dad got a ticket for doing a Hollywood stop at a stop sign. His issue was that the cop pulled a screaming U-turn, over train tracks, and risked traffic on the other side. Not warranted for the infraction. At that time, rather than going to court, you could submit the bail with a letter stating you side of the case. My dad wrote a letter to the court admitting to the stop, but complaining about the officer's actions. The court came back. He got the points against his license (first time in decades), but the court waved the fine. OK.
What is Hollywood stop?
@@anteshell you slow to a crawl but not a complete stop
@@anteshell Slow at a stop sign, but not stop. Safer than blowing through it, but not as safe as stopping.
@@jhill4874 I would argue that spending your concentration on coming to a complete stop and then driving on without looking right or left is less safe than using your concentration to look for cross-traffic. That's why most intersections outside the US are yield, not stop.
@@HenryLoenwind I would agree with that, but my comment would stand if all other aspects being equal.
Just him saying that she eventually got away means he admitted to holding her against her will.
Steve, I have one question. When can abduction legally lead to fighting with your abductor?
Probably, in another country. Seeing, that this seems like something permitted during war.
@@dangermauz754 thanks for the reply, but when I say combat, I mean fighting as in "mutual combat."
Depends on state. In Connecticut you have to either murder them so they cannot fight in court or alternatively hope you're able to run. I say "murder" because it's not self-defense. Unfortunately, the state isn't concerned as much about murder as it is about protecting criminals' rights (assuming they're still alive.) It's like this in several other states such as New York and Washington because prisons are incredibly profitable. Until the criminal is dead they're considered a repeat customer for the lucrative legal system. That's why there was so much onus on releasing violent criminals from prison during the pandemic while non-violent protesters were given long sentences.
@@Mavendow Florida. A young man was murdered by a self-styled protector of a neighborhood for the "crime" of being black and walking through the neighborhood that he lived in. That "stand your ground" bull*t allowed the detention and escalation into murder because a racist thought a minor was trespassing. Too bad the prosecution didn't recognize that.
A guy I went to school with (senior in high school) was charged with abducting a friend of ours (junior). The seniors could get out of school early if they had enough credits and dropped our friend (who wasn’t supposed to leave) off at Sonic. The parents of our friend pressed charges
Ignorance of the law doesn't excuse his behavior.
That excuse only works if you're a cop.
I live in Michigan, we need you in the legislature here! Have you considered running for office?
Wow ... tons of non-working cars in his yard, flailing arms, temper, acts entitled ... sounds like the perfect neighbot! 🙄
@@groofromtheup5719 It's an environmental issue that may impact neighboring yards due to materials and fluids used in vehicles.
@@groofromtheup5719 Not actually. Businesses in the state maintaining junk automobile storage are subject to numerous regularized testing and inspection dealing with how the junk vehicles are stored as well as runoff controls to prevent contamination of property and watersheds.
Driving into the driveway to "peek" is a warrantless search.
I agree but I have found out recently that the easement in front of my home as well as my driveway being considered an intersection (a rule that actually benefits the land/home owner) allows for any one operating a vehicle to pull in and back out without repercussion and where I live you have the right of way when backing out of your driveway in an urban/rural setting.
It is not a warrantless search under the law, as anyone can pull into a driveway briefly and leave.
So if I'm trying to drive home and people lay in front of my car blocking my ability to leave my car and hold me hostage on the freeway... Would that be Abduction?
In some jurisdictions, yes, although it would probably be charged as public disturbance or nuisance. In others, the right to protest takes precedence. Depends where you live.
Mud and snow tires handy about then.
Brown's biggest mistake was to forego his right to a jury trail and instead agree to a bench trail. HOW VERY STUPID TO TRUST SOMEONE WHO FEEDS FOM THE PUBLIC TROUGH TO RULE ON BEHALF OF A FELLOW TROUGH FEEDER.
It sounds like he upped the ante to trial and then convicted himself.
Why aren't the aliens who take me away at least once a month ever charged with abduction?
why are mexicans taking you away every month?
"His remedy is not to abduct her." Ah yes, I remember asking the court for the relief of abduction by the aggrieved party.
Yeah we also have this here in Canada. In fact one time a homeless guy was stealing from a gas station while I was delivering the papers. Another customer tried to stop the guy and both me and the clerk told them "Hands off them, let them go." The person then started to go balistic on us about stealing, blah, blah, and we straight up told the other customer "He's comitting theft under $500, you're comitting kidnapping and abuduction, unless you want to share a jail cell for the night with him let him go."
Then had to explain, good luck with the citizen's arrest stuff the cops don't have to believe it, and they're also not the owner of the property or a person in charge of it, so they have no rights to any defense of property. Also if the guy stealing had a weapon, you would have gotten us all shot, and that the store has insurance for a reason.
So basically had to explain to a screaming vigilante that getting shot or sent to jail over $10 in chips is NOT worth the trouble, the police will deal with it the next time the thief goes into the bathrooms and the clerk locks the door that separates the two areas of the store and locks him in there while the police take their time showing up.
Also people, please do not trigger random thieves in public. I prefer not getting shot because you need to do the right thing over $10 of snacks.
The citizens arrest laws have been amended in 2015 and do give authority for any citizen who witnesses an indictable offence to conduct an arrest. Shoplifting a bag of chips may or may not be an indictable offence, so it would still be legally risky to intervene in such a situation.
Wouldn’t locking the thief in the bathroom also constitute kidnapping?
@@tinkthestrange Not if state law recognizes shopkeeper privilege.
More important, locking the thief in the bathroom doesn't expose the clerk to the risk of being stabbed by the thief.
Now, if the thief destroys the whole place, sets the building on fire, slams his head into the wall and knocks himself unconscious, there goes your day's profit because you have to temporarily close. Does any store employee get paid enough for this?
You go to leave an establishment and the bouncer puts his arm up to stop you, for what ever reason, say's you not going yet he has questions, you then push past and go. In Australia I remember someone being convicted of kidnap for that in the 80's and they were only detained for the briefest of moments, only a *nano* second.
As an LEO in Virginia, I have levied the charge of abduction against many people who “never touched” someone, but prevented their free movement. Generally an abuser not allowing the abused to leave the dwelling, but in other circumstances as well.
Such a BS charge
@@jacobstienecker all the way to jail…
Ben is on top of the red Viper
9:10, So, part of his defense, is, he suffered "Pre-Cognitive Strokes" before his encounters with her? How can someone cause you a stroke BEFORE you encounter them, unless you know you are guilty of things you are yet to be found out for. And, if his intentions were to "not let her leave until his demands were met" , he was definitely detaining her. The property's owner that she had to drive over the grass to escape should also file a civil suit for damages due to the plaintiff's actions.
Might've been past unknown incidents that aggravated the guy into stroking out.
I imagine that was an attempt to challenge mens rhea. His defense reads like a throw a whole bunch of stuff at the wall and hope something sticks sort of thing.
I had wondered that about yesterday's video about the judge, abduction/kidnapping. I'm sure it had a lot to do with that judges tend to be king of the courtroom and given a lot of power within the court.
She needs to be afraid of this man! Be safe!
FOr that Milisecond bit
ANYONE who calls the cops over a milisecond of detainment honestly should face charges of wasting police time.
This is similar to a situation here locally, there's a dispute about a right of way to a beach and the new adjacent land owner has been blocking people in and lecturing them for 15 -30 minutes. here in Canada, that's unlawful confinement, i have a big hillbilly truck and am considering going to have some fun with them. lol
It could also be trespassing/ Breaking and entering....
Bring all your friends
@@crsv7armhl if so, owner should gate it and fence it with signs
For context. It is a public right of way too a public beach. I live on an island in the atlantic ocean the water is 20 mins away at most from any spot. Europeans have been moving here buying watterside properties for decades and every now and then they think they also bought a beach and a road and turn out sadly disapointed.
@@Slicko316 if there is public right of way, lecturing man is wrong
OJ Simpson went to prison for simply entering a hotel room and declaring "No one is leaving this room!"
Forget the part were he had a gun??? o.J is an imbecile after getting away with murder he gets convicted for recovering his stuff!! Lol
That was intimidation because there were several others with him, one of whom was armed. The problem was Simpson was there and did nothing but still got the heaviest sentence.
@@alanmcentee9457 Yes there were but I think the primary charge was kidnapping.
@@alanmcentee9457 OJ pleads not guilty to kidnapping, armed robbery charges th-cam.com/video/2y_a8yioCGI/w-d-xo.html via @TH-cam
Wish people would get this straight; govenment officials can come on your property (official business); if the mailman can come to your door, so can anyone else. Trespassing signs are irrelevant.
In Canada they try not to use the designation of "Law Enforcement Officer" as that implies certain legalities such as the need for a warrant. As such, they use the term "Compliance Officer" which pretty much allows them carte blanche to do anything they want short of arresting you. After 150 years of democracy, the bureaucrats have corrupted the system sufficient enough to say we are now more Totaltarian than democratic.
Would make sense to just send a letter or call and notify that from x time to x time a city official may be by the property then you could just avoid this stuff
Not sure on the law but you should be able to ask any person to leave. Once they refuse to leave they are trespassing. Then take it from there.
They have access to "curtilage". Basically they get to come knock on your door
As I understand it's more that *anybody* can come into your driveway or up to your front door without trespassing as long as they don't have to open a gate or anything like that.
So
Would this also apply to protectors when they block the roads or streets and you can't backup??
Code enforcement officer? Nah. No sympathy for her. He should have done more to her.
She was following up on a code violation (heard that in the early part of the story) so in that case, doesn't the need for her (the county rep) to go on site to verify the remedy of the complaint eliminate the need for a new warrant? And thus another counter per one of his reasons?
I think what got Brown's panties in a wad was her driving onto his property, not merely her entering to look at his POSmobiles. I know that if someone pulls up in MY driveway (without getting out), that piques MY curiosity. The difference is that I would ASK them "Hi, can I help you with something?".
Absolutely, and as a civil agent she should have at the least the protections of anybody with right of access, like to say, deliver a package. This witch was playing games, point blank simple. If she is that scared, why is she doing the job? I've delivered packages in a personal vehicle to places that are exclusive and met the neighborhood pitbull enforcer in several rural areas in La. and those people don't play and are assumed to be armed. Been "detained" at least a couple times like here. And I would have called the police if needed. But I would have clearly stated that at the appropriate time when it needed to be escalated. This is a clear play to equate civil servants as having enforcement police officer protections. Seriously, it is that cut and dry.
Why? Because she's got the same responsibilities as anybody with right of access. I've denied anyone my name until they told me who they were IF I didn't link them directly to a place I'd been. THEN exactly why I was there within expected privacy of thier or thier neighbor's household.
My neighbour's heat pump was very loud. Rule was so many dB measured at 1m from the source. After I wrote them a registered letter asking them to fix it they ignored me.
15 days later I called the town.
Young lady from the inspection office asked my permission to come into _my_ yard.
She measured the noise from 3 metres from the source (still well above the limit).
Because: she would need permission from the offending neighbour to enter her yard to measure it at 1m away.
Had it the inspector needed to get into the yard and had been refused, then the town would have had to go to court (or a judge) to get a court order allowing the inspection to take place.
Neighbour was ordered to get it under control. And has.
@@maxsdad538 yup--especially as he was likely already pissed about the complaints & he had to remove some of those rusting art items (aka junk cars)... Poor choice to block her, but good his hands were just flailing in the air!
I thought it was a report of a code violation, and she was checking to see if it was, which means he hadn't been found guilty of anything yet, and she was searching for evidence.
I have a gate on my driveway that prevents people pulling into or parking on my driveway.
The moment he said "you are not leaving" he detained her against her will. He should be in prison.
prison is far too harsh for such a minor problem.
there was no threat, he merely blocked her path
yes it should be illegal but at the most he deserves a fine or warning from the judge, not jail or federal prison
@@FractalPrism. Why are you sticking "Federal prison" in there? States have their own prisons.
Steve what is that silver sign to your left under the low flying owls sign. I’ve seen it before some where.
TH-cam play button that gets given out when you hit 100k subscribers
LOL, I was actually thinking about Planck time just before you mentioned a millisecond.
Does this mean I need to let my parole officer out of my basement?
You can only hold him for 30 days, after that he wont be able to report on your progress,
Did you find a piece of the broken plate missing?(see breaking bad)
I had this happen as a teenager in Texas...I was delivering flowers, and parked in someone's driveway (the home where I was supposed to deliver the flowers). When no one answered the door, I walked next door to deliver the flowers to the neighbor, and I was going to leave a note for the intended recipient's house. In the meantime, the homeowner showed up to the house, and blocked my car in. He went on a tirade over the incident, and it took about 30 minutes of a yelling match to resolve the situation. Too bad that it was before cell phones 😅 But I don't hold people who do crap like that in very high regards...
Clearly the defendant had prior experiences with code enforcement and was taking his anger out on the victim. Sucks to be him now with a felony conviction.
Well it was his property she was inspecting, and people with yards full of junk tend to get some attention after a while.
Nice WABX bumper sticker- I really miss the days when you could hear the MC5 & Stooges played in regular rotation on the radio!!!
We had a fairly large regional retail clothing chain in my area that would habitually lock the doors at closing time after running all customers out, force all employees to clock out, and the doors were not unlocked until the store was clean almost an hour later. Company is now defunct but not before family earned multi- millions. To the best of my knowledge they were never prosecuted for slavery or abduction.
I lived in Virginia. I once parked my car on my front lawn (under my tree) so I could wash and wax it in the shade. Unfortunately I left it there over night (might have been about 13 hours) and then I got a warning notice. However, as chickensh-t as that is, I wouldn’t think that gives me a right to block someone in at some secondary location just to demand some response-and if I chose to go against my better judgment, that would be at my own peril.
I'm constantly amazed at how in USAmerica "the land of the free" so much freedom has already been lost, indeed given away by the citizens already. In other countries, like say Australia, and New Zealand it is 100% legal to park on your own front lawn. Indeed local authorities WANT people to park on their lawns if washing their cars at home, so water is not wasted and and runoff and detergent residues simply soak into the lawn and get absorbed. Some family homes, perhaps with children of age to have their own cars etc, there is always a car or two, or a boat, parked on the front lawn, even if the grass gets a bit manky and rutted during part of the year. Note that in a minority of cases, some people bought land sections in fancy-pants new subdivisions with conditions on the title deed, which do not allow parking on a front lawn. Even then, as "HOA"s as such don't exist, silly rules like that aren't rigidly enforced.
Kidnapping was described to me as being held or moved while under duress (cannot recall the exact wording). The example this person gave was as simple as a guy has a gun on you and pushes you so you move back. This was I believe in NJ or Delaware.
Steve read the definition of abduction/kidnapping for the state this case was in at the beginning of the story. The way it's defined can vary state to state...
@@sus8e462 yes. I was pointing out another person with knowledge defined it for another state. My reason for why I cannot recall which state (NJ or DE) is that I do not recall if it was at a function where a gun rights attorney in NJ said it or if a person conducting firearms classes for a permit stated it or if another legal expert in one of those states said it as it was a while ago.
@@sus8e462 yes. I was pointing out another person with knowledge defined it for another state. My reason for why I cannot recall which state (NJ or DE) is that I do not recall if it was at a function where a gun rights attorney in NJ said it or if a person conducting firearms classes for a permit stated it or if another legal expert in one of those states said it as it was a while ago.
So if you push back a home invasion, you are abducting the robbers?
In TN, the police and sheriffs explained to me that it is a 15ft. stipulation on kidnapping. False imprisonment is keeping someone in a place where they don't want to be.
Haven't read all the statutes but that has been the answer for years since the first time I asked the question.
What’s the sentence for abduction? This guy is a total piece of work.
My driveway was constantly blocked by drivers with broken cars that couldn’t move it a few feet away to the sidewalk. I had to call the police every time. I installed a tow away sign on a tree, which helped to warn them.
Why your driveway?
You should have wasted tax payer money, court & law enforcement resources, and everyone's time by claiming you were abducted.
@@rogue13131313 No threats, no force, can use other means of transportation to leave the property including bicycle and shoes.
@@rogue13131313 If someone other than law enforcement during a legal detainment prevents you from leaving then you are indeed being abducted.
IT's a Class 5 felony under Virginia law, so the sentence carries a minimum 1 year to maximum 10 year sentence.
in the Code of Virginia 18.2-47. Abduction and kidnapping defined; punishment.
A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction."
...
C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
unlawful restraint
NO “agency” should be allowed on your property without your permission.
"...excess of inoperable vehicles...", yes, that explains a lot.
Excellent video and very interesting to me as I live in Virginia and have participated in my share of court cases where abduction charges were involved.
The first thing that I'm wondering about is if the original plea bargain was offered under First Offender status (if he would have qualified) and the sentence would have been suspended if he agreed to enroll in the usual counseling services with a local CSB, which is normal in these types of cases in Virginia?
Without being present during the actual hearing or knowing which attorney represented him it's difficult to determine what actually happened in the courtroom, but I would think that an experienced and competent defense attorney would have been able to win this case fairly easy as the code enforcer remained safely in her vehicle the entire time, wasn't trapped in a confined space such as a driveway with only one entrance or exit and was able to leave at any time she desired (which she clearly demonstrated IMO).
If the defendant would have stayed quiet or chosen his words more carefully then any intent to detain wouldn't even be a question or issue.
The defendant probably just needs a better defense attorney for his appeal if he wants the charges dropped IMO.
On another note, I'm surprised that the deputy CA who is prosecuting didn't charge the defendant with trespassing as this all occurred on a third party's property and trespassing charges would be warranted.
Thanks for the great video. It's very interesting
Same law should apply to rioters blocking the streets.
Strongly agree 👍
This went from "wow that seems a little overboard no?" to "Well yeah he is guilty as hell"
Once again, Steve apologizes for publishing a longer-than-usual video, but this time it's IMO particularly ironic. For the apology to be at all necessary, Steve would have had to somehow make us watch the whole thing, even if we didn't want to---disable fast-forward, stop, and other controls, and even prevent us from leaving the place from which we're watching the video. And that would be "abduction"! As it is, I'm pretty sure everyone who watched the whole thing (as I did) did so of their own free will, and many valued that long explanation. This channel is worth *so* much more than we pay for it!