I really can’t believe Americans have let this go on so long. It’s completely absurd and a total destruction of personal rights. I’ve told my American friends about it who cannot believe it’s real until they do the requisite reading
The biggest difference between civil asset forfeiture and criminal asset forfeiture is that in criminal, you are being charged with a crime, therefore any proceeds of your crime are seized. In the civil sense, you are explicitly not being charged with a crime, but your money and valuables (which are merely *suspected* of being the proceeds of a crime which again you are not being charged with) are seized. Civil asset forfeiture is literal robbery in every sense of the word.
Since the gold in fort Knox was probably used in the commission of countless war crimes committed all throughout American history, I'm gonna have to seize it all because some old paper said I'm allowed to.
The danger of that flash bang attack is that with so many fake cop home invasions, a reasonable jury might find someone in the other room might return fire as the alleged officers make a warrantless violent entry. Makes
The article didn't tell the whole story about what the Randolph County Alabama Sheriff's Office did to the couple. IT IS ATROCIOUS!! A cop pointed a gun to the husband's head and said he was going to “put a bullet” through his skull. In addition to the items Steve mentioned, they also took 40 guns. Cops left the door open when they left and blamed "thieves in the night" for property they did not return to the couple. The pill was just Lunesta, a sleep aid. Charges were later dropped. It's taken 6 years so far for the couple to get some form of justice and who knows how long it will take before they actually get the money they're owed. Outrageous!
1 million dollars isn't nearly enough. The victims lost their house, belongings, their chicken farn, their income, their good name, their freedom temporarily, their freedom of fear of authority, and probably more that I didn't think of right away.
@@franklyanogre00000do you really have 2nd amendment rights when the police can shoot you without repercussions just because they think you have a gun?
The law needs to change so that officers retirement is used to satisfy a judgement first and only after it is depleted is public funds used. The recklessness will stop overnight.
Now what you actually need is to keep the Executive Branch from Civil Court, or allow the Citizens to File Criminal Charges themselves. Would clean up a lot of the double standards.
@@NickM_FirstofHisName Correct - 4th Amendment, the text of which says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (In this usage the word "effects" means "items of property")
@@NickM_FirstofHisName Don't know where you got your information, but the US Supreme Court has Never declared a Civil asset forfeiture unconstitutional under federal law.
@@stevenwoodward5923 I do hope he's right, though, even though I've also never heard of it. I do think with the Constitutionalists we have there now that if the right case ever came before them, it could be a game changer on this front.
It's insane that cities are willing to lose millions of dollars *just to make a single low-level drug bust.* It's also terrifying that our *only* legal recourse for a warrantless search is an expensive, years-long legal battle, *even with violations as egregious and blatant as these.*
Which is just another reason why the War on Drugs is a failure and we should just legalize them all. Attempts to stop the public from using marijuana, etc. have failed miserably by every objective way you can possibly measure success. All it's doing is fueling the drug cartels and allowing police to have an easy excuse to violate everyone's civil rights and steal their property.
It’s complete nonsense. And even if they did smell marijuana, why tf are they taking cash, wedding rings and guitars? These police are sick animals for this. The jury should have awarded 5 million. One million for every year they had to deal with this bs. Half the country try has legalized marijuana and cops down in Alabama are still destroying people’s lives over it. Despicable.
And this is EXACTLY why and how drug prohibition has done more damage to the 4th amendment than any other law or policy in American history. Drug Prohibition has also given more power and money to the cops than any other law in American history. In fact, drug prohibition is so integral to modern policing that the Cato institute has predicted that if drug prohibition was ended (in favor of a science based policy of harm reduction and respecting freedom) upwards of One Million positions in law enforcement would be made redundant. And this is EXACTLY why police unions have spent more money than any other group on opposing legislation and ballot initiatives aimed at drug law reform....prison guard unions have spent the second most....I guess they realize that caging non-violent drug offenders is good for business.
Oddly I agree and I can logically support my arguement in academic terms!! Currently there is NOT an economic, criminal, or other incentive for police to have good behavior -- it's only up to their conscience. If you take current money from the guilty directly AND you also garnish the retirement benefits of those people [future money] then you do give them some economic incentive to resolve their behavior. Oddly we REWARD police that make civil asset forfeitures, write bad tickets, make bad DUI arrests, etc. ... Until you stop offering "perverse incentives" for bad behavior and actually PUNISH bad behavior .. shock .. you'll still see lots of bad behavior.
The government should ALWAYS bear the burden of proof. Never should a private citizen be required to have that burden in regards to government actions.
Another example why you NEVER OPEN THE DOOR! She gave them the foot in the door and they have abused this for decades with the plain view doctrine and odors
This is almost certainly too explosive an topic for Steve to even comment on while he's still a practicing attorney, but what about the assault with the flash bang grenade? Jeez, talk about your "gestapo tactics"!
"indicated a smell of marijuana" Ah yes, the one simple trick to violate rights without probable cause. The fact they sent a first response team with flashbangs and tactical gear for alleged marijuana, I'm glad the jury found in their favor.
@@lawrencearnemann3923they can still search your car or house for the smell of marijuana in legal states. Plus you could catch a felony if you have a medical card and buy a gun.
@@IaIaCthulhuFtagn I know they do it, but the federal government was never granted that power, that's why they don't go after the states that legalized it. They know they'll lose. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
It just boggles my mind that this had to go to court. It was indefensible and foolish for the county to push so hard to keep the assets under these circumstances. The lack of good judgment of our governmental employees is astounding...and quite expensive too.
Why aren't these cops being charged with Federal civil rights criminal charges? This police criminal behavior will continue until they are put in prison.
As a retired federal LEO, they certainly could be charged. What you had was an illegal search and then based on evidence from the illegal search, an illegal arrest. If I was investigating, I would look at other cases and determine if this was a pattern vs one stupid act.
@@glasshalffull2930 As cops and lawyers are so fond of telling us civilians, neither ignorance of the law nor stupidity is a defense. Weather its a pattern of behavior or one stupid act should be irrelevant for bringing charges, that's a mitigating or aggravating factor at sentencing. Because he flat out didn't get a warrant, knew he didn't have a warrant, and went forward anyway everything from the moment they breached onwards was a criminal act. Illegal search, seizure, and arrest, destruction of property, assault. Each of those are a matter of record and fact at this point. Considering he dragged drug enforcement in who also should have asked for details about the warrant before doing a hard entry search like that you could argue conspiracy to commit a crime as well. That you would even consider it your place to judge weather or not charges should be brought based on this mans history is why trust in law enforcement is so low. its an investigators job to find out of a crime was committed and if so gather evidence and submit it to the prosecutor. Its not their place to say oh he's a good old boy, it was an honest mistake. Because of the authority granted to law enforcement they should be held to a higher standard when they screw up by the numbers and yet we see the system go out of its way to try and protect them at every level even when its clear they knowingly violated the law and procedure. Qualified immunity is there to cover you from accidental injuries and damages caused in the course of your duties, not flagrant disregard of the laws and rules that govern your authority.
Trespassing, breaking and entering, using explosives, stealing property unrelated to crimes, stealing cash unrelated to crimes, and failed to get any evidence of a crime. This is a gangster with a badge.
This is definitely where the Feds should get involved and hard press for charges but of course they don't want to set a precedence that could be applied to them.
Deputy #1: I see a couple of guitars. Deputy #2: I could use a new guitar. Deputy #1: Yeah me too. Deputy #2: Grab 'em. Grab that wedding ring too, I lost mine. Add it to the pile of cash. Deputy #1: So how do we justify this? Drug bust? Deputy #2: Of course.
You really think more of the same will change things? If the people causing all the problems are the same ones getting solutions you're gonna have a bad time.
@@BlackJesus8463 In the short-term? Absolutely not; I'm a historian. It will change just not in our lifetimes. There were people like me who called for the abolishment of slavery in the 1790s (160 years after Britain ended slavery) that were met by people like you who used the same argument almost exactly word for word (the difference is you're using modern English). If more people thought like you in the mid 1800s, we'd probably would have avoided a civil war and continued slavery well into the 20th century.
the system is a circle jerk. civil asset forfeiture. the expansion of the administrative state. bureaucrats make chicken s--it laws for the expansion of their own powers. i know that is two different things but they are relater to revenue for a useless government.
Were any of the officers fired? Certification revoked? Put in jail? Charged with burglary and assault? At least demoted? There is zero incentive for the cop not to raid your house without a warrant, throw flash bangs (which can be lethal) and assault you. There are zero consequences for police so why not do it again.
No, one got hired as a state investigator, one become a state trooper, one became a Lieutenant at the sheriff dept. So most of them got promotions. No criminal charges have been brought against them.
If a gang of thieves performed a home invasion of this couple, they would confiscate (steal) the exact same items as this gang of cops. Their confiscation was about things of value that could be quickly fenced into cash. This was an armed hold up, plain and simple; the cops should've been charged.
Only $1 million? Should be $10 million. They apparently lost their business, home, belongings and cash for 4 years. After legal fees, expenses, etc, maybe they walk with $500,000. Thats peanuts for what happened to them
Out of line? That’s an understatement. That’s arm robbery under the color of law. And then four years for a judgment and may be how many more years do they get paid out. That problem needed to be solved right then and there on the scene regardless of the consequences.
This is another example of a home invasion robbery by the police. Tossing a flashbang grenade into the home after kicking in the door is excessive. If the man had been by the door he could have been severely injured and burned by the exploding grenade. All of those officers should be in jail because they knew that they didn't have a warrant and that this search was illegal.
They got all hopped up on the thrill of a raid when it shouldn't have even been a raid to begin with. Even with a search warrant it was unlikely they needed to do this. I bet they didn't want to get a search warrant because those can be limited in scope. Without it they could look wherever and steal whatever they wanted.
Cops love LARPing they're seal team six fantasies. The real problem is that court continue to allow it based on "safety" arguments that everyone that everyone who actually looks into it says falls somewhere between total bs and actually being much less safe.
Oh but they like to claim that it's "safer" for everyone because it allows them to come in and quickly "secure" everyone before they have a chance to take action against the officers... BS. Cops don't give a single flip about my safety or yours.
Why didn't they get five million and a piece of every officer's pension? I never get lost! Occasionally I'm bewildered. Bewildered is when you're having trouble finding where you want to go; lost is when you can't find your home.
we all know exactly what happened here: the cops decided to wreck these folks' lives simply for the pleasure of it -- for them a flashbang is just a fun little toy they get to use every so often -- and they thought their victims would be too poor to fight back
Hello Steve…great result for this couple from Alabama. Love your shirt, Gordon Lightfoot would be proud seeing you wearing it. The legend will never fade away.
Please help with this by signing the petition at "Americans Against Qualified Immunity". It's quick and it's free. 4 states have abolished it. Let's get the other 46.
I wonder if they’ll get their wedding ring, coin collection and guitars back. My guess is no; the deputies have already claimed them and have probably pawned them long ago. I absolutely detest crooked cops.
How did "I smell weed," instantly escalate to breaching with a flashbang? Someone really wanted to LARP Ready or Not. No doubt it involved one of those dubious 'Threat Matrix' documents that every department has but no one has ever seen.
It’s because of the war on drugs and the lack of any common sense. These were the same people an officer just talked to calmly a few hours ago, but because it’s now classified under “drugs” any sense of humanity, dignity, and reason goes out the window.
Deprivation Of Rights Under Color Of Law: Simply put, it's a crime for someone in an official position to intentionally take away your rights, even if they misuse their authority to do so. This can include law enforcement, judges, and even some healthcare providers.
The problem is indemnification....even when qualified immunity is stripped, the city/town will still pay.....a recent study found that even when the cop is fired AND criminally charged, the city/town still indemnifies the cop in 99% of cases....this is also why abolishing qualified immunity wont do anything, because making it easier to sue will just make it easier for taxpayers to foot the bill. What would have to happen is to abolish qualified immunity AND prohibit indemnification.
@@post-leftluddite There's been cases where the town has basically said tough luck to the cops and officials, you're not taking us down with you. Needs to be much more of that.
Hearing what the family went through and considering what they lost, a million dollar judgement is small. The lawyer fees alone may take half. I think they deserve much more.
@@jupitercyclops6521 You can still get firearms You can still speak You can still not speak But if a cop smells weed then he'll bully his way into your home and tear up the place. Without any legal recourse for you.
So in sort these people were assaulted, jailed, lost their home, their business, their money and valuables. THEN had to wait all that time for justice and lost irretrievably their confidence in the legal system and peace of mind. Nice Job Officer Jagoff.
Which, in a truly just society where the wheels of justice do not grind slowly and justice is swift severe certain and permanent, the homeowners would have been within their rights to dispense immediate justice at the scene by means of lethal force.
@@patrickday4206 It's a hard lesson to learn and we can wring hands a clutch pearls but until we re-educate the thick skulls full of mush that is this generation of public servants that a code of honor is not a nice-to-have but a necessity, it is the only way for some.
Indeed. People make nonsense arguments about frivolous lawsuits and such, but frivolous civil rights protection is much worse. Besides, QI only protects in cases of actual civil rights abuse, because not having violated rights is always an absolute defense to a civil rights claim. QI makes that a tad easier, but it's usually more about claiming civil rights were violated, but it was an honest mistake. But why should honest mistakes not result in damages when people are harmed by them? If my doctor makes an honest mustache and harms me, I can still recover damages. If I make an honest mistake and harm you, you can sue me. Only government agents get this immunity
There are some instances where qualified immunity makes sense, but I do agree that it is currently way too broad. It needs to be stripped way tf back. A judge who upholds a guilty verdict on a criminal's appeal based on the evidence presented? Qualified immunity makes sense there. A cop explicitly violates a citizen's civil rights by robbing them using the power vested in them by the government? No qualified immunity there. We need our public officials too afraid to break the law, but not too afraid to do the job they need to do.
@@GeorgeWashingtonLaserMusket Then penalties and interest will be attached to the verdict award. Whenever I write up a lawsuit I always file any Civil Rights and Constitutional Rights lawsuits in Federal Court (no caps on awards). I also put in the lawsuit interest from the date of the incident to that date the defendant cuts the check compounded daily. What we Americans need is a FEDERAL CLASS ACTION LAWSUIT under the FEDERAL RICO LAWS 18 USC 1964 and 18USC 243 declaring the police as a CRIMINAL ENTERPRISE/ORGANIZATION.
Imagine having a job and you make a million dollar mistake and you tell your boss " I knowingly didn't do what I was supposed to but I did it in good faith ! Then your boss says" that's alright we will put a gun to other peoples heads and make them pay for your mistakes ". And all is forgiven.
I have felt that when groups of officers are "serving" a search warrant, each officer should be required to sign an acknowledgement that they have individually read the warrant and verified the address being served matches that in the warrant and just exactly what they are allowed to take.
After being robbed & violated by cops the courts also violated these folks by allowing it to drag out 6 YEARS in what it took Steve 15 minutes to explain. Court filings and Atty fees continued to bleed them while they were down. Now how much will they still have to split with him. Should be at least $1M per year X6 years plus the costs and fees and their still not done yet with the whole process nor collected. How many more years?
It’s Alabama. Is embarrassment even possible with authorities there? They have to be smart enough, and with enough integrity, to know they look like corrupt fools.
When I was a child I was told that I lived in the land of justice. I was told "officer Joe friendly" was my friend our protector. He kept the bad guys away. BUT HE IS THE BAD GUY.
The problem is that awards like these always go against a city/county…….etc. The officers themselves should have to pay by losing everything they own .
@@williamvonschenk2273Actually, nope. Most "big" cities/counties (even big businesses) SELF insure. It easier and cheaper for them to have a bond (because they keep that money rather than losing it to an insurance company)!!!!!!!!!!
The reason that some cops don’t get a warrant even though they have the time is not just laziness or incompetence. It is often the belief that they won’t get the warrant because they don’t have enough evidence, but because they arrogantly believe that they will get away with not having one when they’ve made the bust and gathered all the evidence that proves they are right.
Was taking a law class at The University of Arizona and the professor asked the class how long do you think it takes to get a warrant and I shouted out two hours. He then explained it takes 5 minutes to get one as there is an “on call” judge whose sole responsibility is to determine over the phone if a situation warrants a warrant.
Years ago a black officer who pulled me over ran up to my car window screaming WTF do you think your doing. As I sat there, a white male, with my hands in plain sight I simply shrugged and gave him a what do you mean look. My unexpected reaction took the wind out of his sails and he ended up letting me go with only a warning. It was years later that I realized he was trying to provoke a negative and aggressive reaction from me that could have led to my death at his hands. This is just one reason out of many that I do not trust LEO's, judges and prosecutors.
I had a similar situation on my motorcycle I was going like 45 in a 25 but it wasn't unsafe reckless endangerment is double here and he was out of his jurisdiction I didn't say anything and just stared at him while he claimed a hiker could have suddenly jumped out from the tree line a couple hundred feet away. I was so calm and stared at him like he was a loon saying nothing. 😂 it was a warning
@@rick4580 Black people cloak themselves as morally superior to white people only to take out their resentments on white people whenever they have the power to do so. This is what the back LEO attempted to do me only to have the wind taken out of his sails when I didn't react as he expected me to.
@@rick4580Well, if race isn’t relevant, then why are you bringing up your gender as well? It’s just a simple descriptor, to add some detail to the story. That’s all.
Everyone should be a hoarder and have rooms full of clutter, see how long it takes to empty the place. Old fashioned heavy safes where you only keep clutter the good stuff being hidden but not in the "pound cake". Would be funny to have them cut open a safe to find some old newspapers or old xmas cards.
So by the police logic a forgetful grandma who's neice comes over once a week and sets her pills up in one of those Monday-Friday pill holders is now a grandma criminal? Those holders are not 'original containers' for her medicine.
Unfortunately I am on quite a few medications. Every so often either the pharmacy or mail order place will get the medicine from a different supplier. The pill size and color will change. I carry on pill bottle of each type but if I am going to be gone a few days will dump a few pills into the new bottle. Will I get charged because the manufacturer changes sizes?
when a party to a dispute is the state and another is not the state, the burden of proof should rest with the state. The state should never enjoy the presumption of innocence. When two government entities sue each other, the burder of proof should rest with the entity that has a larger budget.
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These police should be charged with assault, battery, and grand theft.
I really can’t believe Americans have let this go on so long. It’s completely absurd and a total destruction of personal rights.
I’ve told my American friends about it who cannot believe it’s real until they do the requisite reading
Aggravated assault, armed robbery, burglary, arson...
They'll get promotions, smh
*armed robbery
Qualified immunity . They're supposed to lose immunity if they violate someone's Rights but that seldom happens even when they murder someone
The biggest difference between civil asset forfeiture and criminal asset forfeiture is that in criminal, you are being charged with a crime, therefore any proceeds of your crime are seized. In the civil sense, you are explicitly not being charged with a crime, but your money and valuables (which are merely *suspected* of being the proceeds of a crime which again you are not being charged with) are seized.
Civil asset forfeiture is literal robbery in every sense of the word.
Since the gold in fort Knox was probably used in the commission of countless war crimes committed all throughout American history, I'm gonna have to seize it all because some old paper said I'm allowed to.
the cops should be charged with home invasion and robbery.
armed robbery and assault with a deadly weapon.
Under the color of law! Heavier change for any crime... won’t happen with this administration.
You spelled "killed" wrong.
The danger of that flash bang attack is that with so many fake cop home invasions, a reasonable jury might find someone in the other room might return fire as the alleged officers make a warrantless violent entry. Makes
Maybe kidnapping as well since they illegally detained people....
The article didn't tell the whole story about what the Randolph County Alabama Sheriff's Office did to the couple. IT IS ATROCIOUS!! A cop pointed a gun to the husband's head and said he was going to “put a bullet” through his skull. In addition to the items Steve mentioned, they also took 40 guns. Cops left the door open when they left and blamed "thieves in the night" for property they did not return to the couple. The pill was just Lunesta, a sleep aid. Charges were later dropped.
It's taken 6 years so far for the couple to get some form of justice and who knows how long it will take before they actually get the money they're owed. Outrageous!
So they just kept a few things they personally liked and made up a story. Sounds like swine.
1 million dollars isn't nearly enough. The victims lost their house, belongings, their chicken farn, their income, their good name, their freedom temporarily, their freedom of fear of authority, and probably more that I didn't think of right away.
@bubbles581 Ikr?
@bubbles581It's also called the 2nd amendment.
What makes you think that they would not have taken their guns on top of their guitars? @@franklyanogre00000
I completely agree, they messed with them for 4 years!
@@franklyanogre00000do you really have 2nd amendment rights when the police can shoot you without repercussions just because they think you have a gun?
The problem is that the individual officers don't face any personal consequences for losing in court.
The law needs to change so that officers retirement is used to satisfy a judgement first and only after it is depleted is public funds used. The recklessness will stop overnight.
Civil Asset Forfeiture needs to be declared unconstitutional
It already is!
Now what you actually need is to keep the Executive Branch from Civil Court, or allow the Citizens to File Criminal Charges themselves. Would clean up a lot of the double standards.
@@NickM_FirstofHisName Correct - 4th Amendment, the text of which says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (In this usage the word "effects" means "items of property")
@@NickM_FirstofHisName Don't know where you got your information, but the US Supreme Court has Never declared a Civil asset forfeiture unconstitutional under federal law.
@@stevenwoodward5923 I do hope he's right, though, even though I've also never heard of it. I do think with the Constitutionalists we have there now that if the right case ever came before them, it could be a game changer on this front.
It's insane that cities are willing to lose millions of dollars *just to make a single low-level drug bust.* It's also terrifying that our *only* legal recourse for a warrantless search is an expensive, years-long legal battle, *even with violations as egregious and blatant as these.*
If we lived in a sane country that deputy and the rest would be already in prison for like a dozen felonies
Every cop who isn’t getting their way ends up pulling the “I smell marijuana” tactic and it’s an abuse of power
Most of the time when police smell marijuana the only odor around is B.S.
Which is just another reason why the War on Drugs is a failure and we should just legalize them all. Attempts to stop the public from using marijuana, etc. have failed miserably by every objective way you can possibly measure success. All it's doing is fueling the drug cartels and allowing police to have an easy excuse to violate everyone's civil rights and steal their property.
"Why do you smell like weed officer?"
It’s complete nonsense. And even if they did smell marijuana, why tf are they taking cash, wedding rings and guitars? These police are sick animals for this. The jury should have awarded 5 million. One million for every year they had to deal with this bs. Half the country try has legalized marijuana and cops down in Alabama are still destroying people’s lives over it. Despicable.
And this is EXACTLY why and how drug prohibition has done more damage to the 4th amendment than any other law or policy in American history.
Drug Prohibition has also given more power and money to the cops than any other law in American history. In fact, drug prohibition is so integral to modern policing that the Cato institute has predicted that if drug prohibition was ended (in favor of a science based policy of harm reduction and respecting freedom) upwards of One Million positions in law enforcement would be made redundant.
And this is EXACTLY why police unions have spent more money than any other group on opposing legislation and ballot initiatives aimed at drug law reform....prison guard unions have spent the second most....I guess they realize that caging non-violent drug offenders is good for business.
Calling a judge and telling them you smell marijuana isn’t perjury but filling out an affidavit for a warrant is.
You want this to end, all you do is take the million dollar reward from the retirement accounts of every corrupt person involved.
When the perpetrators have to suffer the repercussions of their actions, stuff gets fixed real fast
@@Unsensitive you misspelled "predators" really wrong.
@@TheTransporter007exactly what I was thinking...they choose their victims before pouncing!!!
Agreed!
Oddly I agree and I can logically support my arguement in academic terms!! Currently there is NOT an economic, criminal, or other incentive for police to have good behavior -- it's only up to their conscience. If you take current money from the guilty directly AND you also garnish the retirement benefits of those people [future money] then you do give them some economic incentive to resolve their behavior. Oddly we REWARD police that make civil asset forfeitures, write bad tickets, make bad DUI arrests, etc. ... Until you stop offering "perverse incentives" for bad behavior and actually PUNISH bad behavior .. shock .. you'll still see lots of bad behavior.
"The process is the punishment" is a phrase made possible by corrupt cops and judges who ignore constitutional rights and law.
"You can beat the charge but you can't beat the ride" --evil cops
The government should ALWAYS bear the burden of proof. Never should a private citizen be required to have that burden in regards to government actions.
There was a time....
The way the government sees it, the money has no rights. THAT is the legal fiction that needs to end.
Funny thing about that, the US Constitution requires the burden of proof to be on the government.
Seems like more ordinary people are hurt by this legislation, than criminal activities stopped.
The IRS benefits the most from forcing citizens to prove innocence.
Double penalties for those in whom we place our trust, and then break the law.
Amen. Higher accountability, not less or NONE.
If I was on the jury of the appeal, I would increase the judgment to $2 million.
Appeals are heard by a panel of judges. There are no juries.
Spell it will a B
@@franklyanogre00000 That might actually be bad for you.
Treble damages
Yeah, I feel 1 million ain't making this right.
Best reason I’ve heard yet why any government agency should not be allowed into a private residence.
Smelling something should never be enough for a warrant
Another example of qualified immunity allowing thugs with badges to violate civil rights. Mind-boggling
You would think that basic warrant requirements were part of the "clearly established" rights that they would be on notice for. Apparently not.
Another example why you NEVER OPEN THE DOOR! She gave them the foot in the door and they have abused this for decades with the plain view doctrine and odors
This is almost certainly too explosive an topic for Steve to even comment on while he's still a practicing attorney, but what about the assault with the flash bang grenade? Jeez, talk about your "gestapo tactics"!
It's not "qualified" immunity; it has to do with misusing the system, going far beyond "qualified".
@@feeble1-- Certainly something he could discuss, but it wasn't the focus of the case. He has talked about those tactics before.
Sounds like the law enforcement in charge should be charged and jailed. The million dollars should be removed from the Sheriffs salary and pension.
The police committed burglary.
More like armed home invasion and robbery.
More like armed robbery, assault & battery, civil rights violations.
Armed robbery.
Don't forget the arson with the explosives
I don't think use of a flashbang counts as arson. The house wasn't burned down, was it? @@franklyanogre00000
Then the attorney swooped in for 33% of the million. The IRS got half and the couple is still living in an insulated shed.
"indicated a smell of marijuana"
Ah yes, the one simple trick to violate rights without probable cause. The fact they sent a first response team with flashbangs and tactical gear for alleged marijuana, I'm glad the jury found in their favor.
I'm in fl. If I did smoke pot,I can get medical card and smoke myself stupid on my own property. Oh.. a dont touch my guitars
@@lawrencearnemann3923they can still search your car or house for the smell of marijuana in legal states. Plus you could catch a felony if you have a medical card and buy a gun.
Cops falsly claiming to "smell pot" or "dog signalled drugs" is attempt to sway judge or jury by implying victim is a drug dealer or addict.
@@lawrencearnemann3923They would just get a federal officer to do the heist since it's still not legal nationwide.
@@IaIaCthulhuFtagn I know they do it, but the federal government was never granted that power, that's why they don't go after the states that legalized it. They know they'll lose.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
It just boggles my mind that this had to go to court. It was indefensible and foolish for the county to push so hard to keep the assets under these circumstances. The lack of good judgment of our governmental employees is astounding...and quite expensive too.
Why aren't these cops being charged with Federal civil rights criminal charges? This police criminal behavior will continue until they are put in prison.
Feds too busy getting rich off victimless crimes. not saying war crimes are victimless!
Or a citizens arrest.
because the money was "shared" with someone that determines whether they committed a crime or not.
As a retired federal LEO, they certainly could be charged. What you had was an illegal search and then based on evidence from the illegal search, an illegal arrest. If I was investigating, I would look at other cases and determine if this was a pattern vs one stupid act.
@@glasshalffull2930 As cops and lawyers are so fond of telling us civilians, neither ignorance of the law nor stupidity is a defense. Weather its a pattern of behavior or one stupid act should be irrelevant for bringing charges, that's a mitigating or aggravating factor at sentencing. Because he flat out didn't get a warrant, knew he didn't have a warrant, and went forward anyway everything from the moment they breached onwards was a criminal act. Illegal search, seizure, and arrest, destruction of property, assault. Each of those are a matter of record and fact at this point. Considering he dragged drug enforcement in who also should have asked for details about the warrant before doing a hard entry search like that you could argue conspiracy to commit a crime as well. That you would even consider it your place to judge weather or not charges should be brought based on this mans history is why trust in law enforcement is so low. its an investigators job to find out of a crime was committed and if so gather evidence and submit it to the prosecutor. Its not their place to say oh he's a good old boy, it was an honest mistake.
Because of the authority granted to law enforcement they should be held to a higher standard when they screw up by the numbers and yet we see the system go out of its way to try and protect them at every level even when its clear they knowingly violated the law and procedure. Qualified immunity is there to cover you from accidental injuries and damages caused in the course of your duties, not flagrant disregard of the laws and rules that govern your authority.
Policing for profit inevitably leads to absolute corruption.
Trespassing, breaking and entering, using explosives, stealing property unrelated to crimes, stealing cash unrelated to crimes, and failed to get any evidence of a crime. This is a gangster with a badge.
This is definitely where the Feds should get involved and hard press for charges but of course they don't want to set a precedence that could be applied to them.
This just proves that you never ever open your door to cops.
Deputy #1: I see a couple of guitars.
Deputy #2: I could use a new guitar.
Deputy #1: Yeah me too.
Deputy #2: Grab 'em. Grab that wedding ring too, I lost mine. Add it to the pile of cash.
Deputy #1: So how do we justify this? Drug bust?
Deputy #2: Of course.
If you'd take a wedding ring, you basically have no moral compass left.
@@xpusostomos
The fact that 6hey would take anything
Public servants who work for themselves are always committing a crime.
“They took a wedding ring?”
These Departments must be reigned in
Each win is a step closer to abolishing civil asset forfeiture.
You really think more of the same will change things? If the people causing all the problems are the same ones getting solutions you're gonna have a bad time.
@@BlackJesus8463 In the short-term? Absolutely not; I'm a historian. It will change just not in our lifetimes. There were people like me who called for the abolishment of slavery in the 1790s (160 years after Britain ended slavery) that were met by people like you who used the same argument almost exactly word for word (the difference is you're using modern English). If more people thought like you in the mid 1800s, we'd probably would have avoided a civil war and continued slavery well into the 20th century.
the system is a circle jerk. civil asset forfeiture. the expansion of the administrative state. bureaucrats make chicken s--it laws for the expansion of their own powers. i know that is two different things but they are relater to revenue for a useless government.
Were any of the officers fired? Certification revoked? Put in jail? Charged with burglary and assault? At least demoted? There is zero incentive for the cop not to raid your house without a warrant, throw flash bangs (which can be lethal) and assault you. There are zero consequences for police so why not do it again.
No, one got hired as a state investigator, one become a state trooper, one became a Lieutenant at the sheriff dept. So most of them got promotions. No criminal charges have been brought against them.
These things won't stop until law enforcement is directly held accountable.
Tell me you force your morals onto your neighbors without telling me you force your morals onto your neighbors.
@@BlackJesus8463 That took me a minute but thanks for that one.
@@BlackJesus8463 Deep Thoughts !!!!!!!
@jessjmanns
You can back the Blue AND hold them accountable! In fact, it is required for a civil society not to become a fiefdom!!
If I made a million dollar mistake at the company I work for, I would be fired and hoping I could even find another job.
If a gang of thieves performed a home invasion of this couple, they would confiscate (steal) the exact same items as this gang of cops. Their confiscation was about things of value that could be quickly fenced into cash. This was an armed hold up, plain and simple; the cops should've been charged.
Cops are thieves with badges
Only $1 million? Should be $10 million. They apparently lost their business, home, belongings and cash for 4 years. After legal fees, expenses, etc, maybe they walk with $500,000. Thats peanuts for what happened to them
And they damaged his hearing, probably causing him permanent tinnitus.
Out of line? That’s an understatement. That’s arm robbery under the color of law. And then four years for a judgment and may be how many more years do they get paid out. That problem needed to be solved right then and there on the scene regardless of the consequences.
This is another example of a home invasion robbery by the police. Tossing a flashbang grenade into the home after kicking in the door is excessive. If the man had been by the door he could have been severely injured and burned by the exploding grenade. All of those officers should be in jail because they knew that they didn't have a warrant and that this search was illegal.
They got all hopped up on the thrill of a raid when it shouldn't have even been a raid to begin with. Even with a search warrant it was unlikely they needed to do this. I bet they didn't want to get a search warrant because those can be limited in scope. Without it they could look wherever and steal whatever they wanted.
Cops love LARPing they're seal team six fantasies. The real problem is that court continue to allow it based on "safety" arguments that everyone that everyone who actually looks into it says falls somewhere between total bs and actually being much less safe.
Oh but they like to claim that it's "safer" for everyone because it allows them to come in and quickly "secure" everyone before they have a chance to take action against the officers... BS. Cops don't give a single flip about my safety or yours.
I was by the door, my right eye was damaged, my right ear was damaged, some of my teeth were damaged, and I have a big knot on my right leg.
Why didn't they get five million and a piece of every officer's pension?
I never get lost! Occasionally I'm bewildered. Bewildered is when you're having trouble finding where you want to go; lost is when you can't find your home.
we all know exactly what happened here: the cops decided to wreck these folks' lives simply for the pleasure of it -- for them a flashbang is just a fun little toy they get to use every so often -- and they thought their victims would be too poor to fight back
The crazy part of this is if he just got the warrant, the couple would be SOL.
Brilliant video Steve. Should have been 1.5 or 2 million dollar verdict though.
Out of line? That is theft and they should be held accountable for the crime like any other person.
Old yeller treatment
@@TurdJesus😯 😄🤣😂😆
Hello Steve…great result for this couple from Alabama. Love your shirt, Gordon Lightfoot would be proud seeing you wearing it. The legend will never fade away.
I hope his qualified immunity is removed so they can sue the officers and attach themselves to his paychecks and retirement!
Please help with this by signing the petition at "Americans Against Qualified Immunity". It's quick and it's free. 4 states have abolished it. Let's get the other 46.
That would be justice.
FINALLY!!!!!! I hope to hear more stories like this until civil asset forfeiture is no more.....
I wonder if they’ll get their wedding ring, coin collection and guitars back. My guess is no; the deputies have already claimed them and have probably pawned them long ago. I absolutely detest crooked cops.
ACAB
And its really not there are bad and good cops. If they are not tried for the crimes, all cops are complicit.
A measly million dollars after losing their home…WTF? I hope that's after they get their stuff back.
How did "I smell weed," instantly escalate to breaching with a flashbang? Someone really wanted to LARP Ready or Not. No doubt it involved one of those dubious 'Threat Matrix' documents that every department has but no one has ever seen.
I wonder what the initial court papers were for. I wouldn’t be surprised if they had a bias and “railroaded” this guy🤔
It’s because of the war on drugs and the lack of any common sense. These were the same people an officer just talked to calmly a few hours ago, but because it’s now classified under “drugs” any sense of humanity, dignity, and reason goes out the window.
Deprivation Of Rights Under Color Of Law:
Simply put, it's a crime for someone in an official position to intentionally take away your rights, even if they misuse their authority to do so. This can include law enforcement, judges, and even some healthcare providers.
I think they should go after the Deputy. Qualified Immunity should not apply. It would be a warning to any other Barney Fife out there.
Don’t badmouth Barney. He was dim, but not violent or particularly corrupt. The majority of 🐷🐷 today are both.
The problem is indemnification....even when qualified immunity is stripped, the city/town will still pay.....a recent study found that even when the cop is fired AND criminally charged, the city/town still indemnifies the cop in 99% of cases....this is also why abolishing qualified immunity wont do anything, because making it easier to sue will just make it easier for taxpayers to foot the bill.
What would have to happen is to abolish qualified immunity AND prohibit indemnification.
@@post-leftluddite There's been cases where the town has basically said tough luck to the cops and officials, you're not taking us down with you. Needs to be much more of that.
lol don't drag a good dude like Barney into this. If you ever actually saw the show you'd know he was just excitable, not evil.
I’m glad you’re speaking out about this, it’s absolutely Criminal.
The officers didn't have time to get a warrant because they were too busy scheduling guitar lessons.
10% of subscribers worth of views in four hours is impressive. Good work.
Hearing what the family went through and considering what they lost, a million dollar judgement is small. The lawyer fees alone may take half. I think they deserve much more.
Considering I've driven thru Randolph county a good bit, glad I never got pulled over. I had no idea they were that rapacious.
The fourth amendment is the most eroded of all our rights, because its violation rarely gets restitution.
That's arguable.
The 1st, 2nd, 5th, & 9th are all but a joke as well
@@jupitercyclops6521
You can still get firearms
You can still speak
You can still not speak
But if a cop smells weed then he'll bully his way into your home and tear up the place. Without any legal recourse for you.
It's absolutely terrifying that this can happen in America!
So they just looted these people's house like its the apocalypse
It isn't?
So in sort these people were assaulted, jailed, lost their home, their business, their money and valuables.
THEN had to wait all that time for justice and lost irretrievably their confidence in the legal system and peace of mind.
Nice Job Officer Jagoff.
It's a litany for which there is no justification good enough. Unbelievable.
This is a perfect example to never open the door to the police and only talk to them through a doorbell camera
Don’t answer the door. Don’t talk to them AT ALL. Have a lawyer speak for you.
Cops can smell weed though closed doors....from five blocks away.....while up wind...
Just ask them. They'll tell you so.
@@spaceracer23"The nose knows, Junior."
-TJ Hooker
Again, excellent. Thanks!
Forfeitures without due process is just TYRANNY in every sense of the word!!!
Well explained. Easy to follow and understand.
So a home invasion then...............
Which, in a truly just society where the wheels of justice do not grind slowly and justice is swift severe certain and permanent, the homeowners would have been within their rights to dispense immediate justice at the scene by means of lethal force.
That's what it sounds like to me.
Maybe that will be the only way they learn that a crime is a crime regardless of whether you have a badge
@@patrickday4206 It's a hard lesson to learn and we can wring hands a clutch pearls but until we re-educate the thick skulls full of mush that is this generation of public servants that a code of honor is not a nice-to-have but a necessity, it is the only way for some.
"I'm from the government, and I'm here to help"...myself to your stuff - Officer Nowarrant
I've been saying this constantly late; qualified immunity needs to be abolished. Everyone should be subject to due process.
Indeed. People make nonsense arguments about frivolous lawsuits and such, but frivolous civil rights protection is much worse. Besides, QI only protects in cases of actual civil rights abuse, because not having violated rights is always an absolute defense to a civil rights claim. QI makes that a tad easier, but it's usually more about claiming civil rights were violated, but it was an honest mistake. But why should honest mistakes not result in damages when people are harmed by them? If my doctor makes an honest mustache and harms me, I can still recover damages. If I make an honest mistake and harm you, you can sue me. Only government agents get this immunity
There are some instances where qualified immunity makes sense, but I do agree that it is currently way too broad. It needs to be stripped way tf back. A judge who upholds a guilty verdict on a criminal's appeal based on the evidence presented? Qualified immunity makes sense there. A cop explicitly violates a citizen's civil rights by robbing them using the power vested in them by the government? No qualified immunity there. We need our public officials too afraid to break the law, but not too afraid to do the job they need to do.
That sounds like a brutal armed robbery. It makes me wonder if she was wearing the wedding ring.
A verdict and actually getting paid are two different things.
It's government getting paid isn't as hard.
When your verdict is against the government they usually pay up pretty quickly. Usually a check is written shortly after.
@@GeorgeWashingtonLaserMusket
Then penalties and interest will be attached to the verdict award. Whenever I write up a lawsuit I always file any Civil Rights and Constitutional Rights lawsuits in Federal Court (no caps on awards). I also put in the lawsuit interest from the date of the incident to that date the defendant cuts the check compounded daily.
What we Americans need is a FEDERAL CLASS ACTION LAWSUIT under the FEDERAL RICO LAWS 18 USC 1964 and 18USC 243 declaring the police as a CRIMINAL ENTERPRISE/ORGANIZATION.
@@BohemothWatts-vz1lc but national security tho 🤣🤣
I must have missed the part about the police all being arrested and criminally charged with armed robbery.
Imagine having a job and you make a million dollar mistake and you tell your boss " I knowingly didn't do what I was supposed to but I did it in good faith ! Then your boss says" that's alright we will put a gun to other peoples heads and make them pay for your mistakes ". And all is forgiven.
You forgot they get a raise & pronation
You forgot they get a raise & promotion
Well written
Sounds like life as a dictator's right-hand man.
I should have waited till the end. You covered everything.
The sad part is it took 4 years for this to happen and it's still probably not over.
Just when you thought it couldn't get worse, "I didn't have a warrant", but they did it anyway.
I have felt that when groups of officers are "serving" a search warrant, each officer should be required to sign an acknowledgement that they have individually read the warrant and verified the address being served matches that in the warrant and just exactly what they are allowed to take.
That's terrible police work. They would not have gotten a warrant for that where I worked.
After being robbed & violated by cops the courts also violated these folks by allowing it to drag out 6 YEARS in what it took Steve 15 minutes to explain. Court filings and Atty fees continued to bleed them while they were down. Now how much will they still have to split with him. Should be at least $1M per year X6 years plus the costs and fees and their still not done yet with the whole process nor collected. How many more years?
Good explanation at end regarding directed verdicts and damages.
It’s Alabama. Is embarrassment even possible with authorities there? They have to be smart enough, and with enough integrity, to know they look like corrupt fools.
You are ignorant of the world
California uses civil asset forfeiture exponentially more than Alabama.
@@cuencaview8303 But not Alabama so much.
When I was a child I was told that I lived in the land of justice. I was told "officer Joe friendly" was my friend our protector. He kept the bad guys away. BUT HE IS THE BAD GUY.
The problem is that awards like these always go against a city/county…….etc. The officers themselves should have to pay by losing everything they own .
Exactly, what goes around comes around....
There's always a way to use the hypocrites standards against them!
No. Actually these awards are paid for by insurance. Higher payments means pressure from the companies to Chiefs to “hopefully” improve policy.
Then the cities/counties need to change their laws.
@@williamvonschenk2273Actually, nope. Most "big" cities/counties (even big businesses) SELF insure. It easier and cheaper for them to have a bond (because they keep that money rather than losing it to an insurance company)!!!!!!!!!!
I'm glad a jury got to hear this. That's another dozen people who probably had no idea what civil asset forfeiture is that now know.
The reason that some cops don’t get a warrant even though they have the time is not just laziness or incompetence.
It is often the belief that they won’t get the warrant because they don’t have enough evidence, but because they arrogantly believe that they will get away with not having one when they’ve made the bust and gathered all the evidence that proves they are right.
Thank God we have fruit of the poisonous tree. No evidence gathered illegally can be used against you.
That's the kind of thing qualified immunity encourages.
@@DKNguyen3.1415 yes. I was going to say that but lost that thought track.
Wow! That wasn’t law enforcement, that was brazen banditry! Congrats to that couple!
You would be surprised how often this happens and most people don't push back good for this couple for pushing back
I wouldn't be surprised but the depression on hearing of the multitude of victims would be overwhelming for me.
@@MeRia035wait till you hear about the illegal raids that killed children with flashbangs. They have thrown flashbangs into cradles more than once.
I hope it has 30 percent interest per month and they appeal it for a few years
This is so messed up. Who doesnt think this is totally unjust? Why cant we change this?!
I would have liked to have seen a larger award. $5 million sounds good.
Great jury and great judge!!!!!!
Was taking a law class at The University of Arizona and the professor asked the class how long do you think it takes to get a warrant and I shouted out two hours. He then explained it takes 5 minutes to get one as there is an “on call” judge whose sole responsibility is to determine over the phone if a situation warrants a warrant.
I assummed the judge in this case was expecting paperwork. maybe that's just how the dirty south roles?
Correct. ER does DUI blood draws. Warrant is quick and comes in over the fax in no time.
Wow, that’s beyond crazy. 😮
Real big win, hopefully this goes all the way to real legislation change
It will. They'll get rid of the need for a warrant. Anything to steal your money.
Love your very clear explanations 👍
Years ago a black officer who pulled me over ran up to my car window screaming WTF do you think your doing. As I sat there, a white male, with my hands in plain sight I simply shrugged and gave him a what do you mean look. My unexpected reaction took the wind out of his sails and he ended up letting me go with only a warning. It was years later that I realized he was trying to provoke a negative and aggressive reaction from me that could have led to my death at his hands. This is just one reason out of many that I do not trust LEO's, judges and prosecutors.
I had a similar situation on my motorcycle I was going like 45 in a 25 but it wasn't unsafe reckless endangerment is double here and he was out of his jurisdiction I didn't say anything and just stared at him while he claimed a hiker could have suddenly jumped out from the tree line a couple hundred feet away. I was so calm and stared at him like he was a loon saying nothing. 😂 it was a warning
I'm a white guy who once had a very similar experience with a white cop, so I'm not sure why race was so important to you here.
@@rick4580 Black people cloak themselves as morally superior to white people only to take out their resentments on white people whenever they have the power to do so. This is what the back LEO attempted to do me only to have the wind taken out of his sails when I didn't react as he expected me to.
Nowadays, you cant trust any of them.
@@rick4580Well, if race isn’t relevant, then why are you bringing up your gender as well?
It’s just a simple descriptor, to add some detail to the story. That’s all.
Everyone should be a hoarder and have rooms full of clutter, see how long it takes to empty the place. Old fashioned heavy safes where you only keep clutter the good stuff being hidden but not in the "pound cake". Would be funny to have them cut open a safe to find some old newspapers or old xmas cards.
So by the police logic a forgetful grandma who's neice comes over once a week and sets her pills up in one of those Monday-Friday pill holders is now a grandma criminal? Those holders are not 'original containers' for her medicine.
Every nurse in this country is a criminal 😂
Unfortunately yes.
You need a new weekly dispenser for every new prescription. Those containers need to have the sticker
Unfortunately I am on quite a few medications. Every so often either the pharmacy or mail order place will get the medicine from a different supplier. The pill size and color will change. I carry on pill bottle of each type but if I am going to be gone a few days will dump a few pills into the new bottle. Will I get charged because the manufacturer changes sizes?
@@tomeauburn if caught and they want to be assholes, yes. Sadly. You need to speak to the pharmacist on stuff like this.
That's practically impossible. Like expecting privacy in public.
Man, imagine the grin on the plaintiff's lawyers face when he/she walked in that court room
This egregious use of excessive force needs a severe punishment. Perhaps have all the cops charged with armed robbery!
when a party to a dispute is the state and another is not the state, the burden of proof should rest with the state. The state should never enjoy the presumption of innocence. When two government entities sue each other, the burder of proof should rest with the entity that has a larger budget.
Pigs, courts, DA's, FBI, everyone you are on notice!
@@HansSchick. And, if no warrant, beware of homeowners ’using force to protect the curtilage of one’s own property’. 🙏🏻👍
It is an example of the EXTREME that the cops will take with any edge you give them.
Taking the guitars is just wrong!👍😎🎸🎶
Hope he got them back
@@HansSchick 😂🤣😂🤣
@mikeoxlong1266 me too! Ya don't mess with a guy's guitars!!!👍😁🎸🎶
@@HansSchick could've been!😂
I concur with all who said this was criminal, and those who said the award wasn't enough.