No it’s called I can’t remember every specific detail of a case by memory again I do not understand why these cops in Kentucky do not have all their nails with them on the stand. Really stupid given the judge the prosecuting attorney and the defense attorney all have that evidence in front of them during cross and exam. Can somebody please explain this to me. I am a retired 22 year lawn Forssman officer out of California. I have never taken the stand without having all of my notes with me.
@@arkyologist I have been falsely arrested before and I remember having to sign for my personal belongings. There was a list of everything on my person that was inventoried. Wouldn't tokens have been inventoried and why wasn't this submitted into evidence?
I have to disagree there, you fight the charges in court not on the street. Making it legal to resist arrest if you are found not guilty is only going to reduce safety for both cops and citizens. You would end up with escalated arrests were more force is required by police to make an arrest because people feel they have a right to resist, but without anyway for them or the cops to know for sure who is right and who is wrong. A better option would be to keep it as it is, if you get arrested you get arrested and can’t legally resist, but add a financial aspect where you are compensated automatically if its found to be wrongful arrest. And make the specific police force that arrested you responsible for that compensation as a punitive measure.
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005). QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!) - QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
They lie so much I think they actually start believing their own lies so it’s really easy for them. Scum of this earth, bottom feeders is all this cop is and yet he walks away with no punishment for falsely arresting someone, that’s bs and that cop needs punished by the people then since cop lover judge won’t do it. Tired of this shit
I was a juror in a DUI where the driver was sitting outside in his car in the bar parking lot listening to his radio when the cop arrested him for DUI. in the video he states hes waiting for friend to pick him up, during the sobriety test those people showed up in the video wondering what's going on, and said they were there to pick him up. so this man was arrested for during the right thing.... Broward County Ft Lauderdale, Florida.
The moral of the story is that whenever you're drinking at the bar, get in your car and drive home. The penalty for doing the right thing and calling a friend for a ride is the same: a DUI.
@@e-curb A police officer in the city where I went to college was an alum of my fraternity, and told me that if you are in the driver's seat and have the means to start the vehicle, that *is* grounds for DUI action, even if you are asleep. But, like in this type of case, just sit on the passenger's side of the car and they cannot make a case you might have, could have, or intended to drive. All they can try to pin is public intoxication, which is not generally an arrestable offense unless compounded with other offenses like creating a scene or the snnoyed officer's favorite, disorderly conduct.
@Michael Gower That officer half-lied to you. Look up cases where DUI arrests are made of drunk people, in bar parking lots, and the cases get dusmissed, because they were trying to stay warm on a cold night while smoking a cigarette..
It's amazing whenever these law enforcement officers remembers everything whenever talking to the district attorneys, however they forget almost everything once talking to the defense attorney..
I almost got arrested when I was standing outside a bar waiting for an uber. They said because i had my keys on me and my car was locked in the parking lot, i had intent to drive home. Even though i showed them i had an uber 2 minutes away. Then the officer tried to solicit the uber driver into saying he saw me get in my car. He didnt. Literally cant do the right thing any more without getting harassed.
Shocking! A judge actually makes a ruling that was not biased. We need more judges like her, fair and unbiased. Oh and most importantly, we need more lawyers like you! Ones that take their job seriously and treat each case with importance.
What is so shocking about it? I don't know what well you drink from, but the chances are pretty good that you will get a fair hearing. Sometimes people get shafted, but I don't believe that our system of justice is corrupt that every time the judge adjudicates properly it is an exception.
@@oicu812brazell8 She's got to work with them every day so there is no reason for her, especially on a case as legally complicated as this, to start antagonizing anyopne.
Yep happened to me in NC. I was driving a truck for a living and had a layover on the coast. There was a hurricane coming the next evening so all the restaurants on the beach were selling booze and food half price so they didn't have to store it elsewhere. I have a few drinks with my meal and retired to my truck and went to bed. Sometime during the night an officer knock on my door and woke me. I stepped out of the sleeper to answer the door and he wanted to let me know they were going to evacuate the area starting around noon that next day. I informed him I would be gone by 9am. He left and I went back to bed. A few minutes later another knock at my door. This time it was a state trooper. He proceeded to get me out of the truck and give me a sobriety test that said I was .08 .02 over the legal limit for a CDL operator and took me to jail for DUI because the truck was running. Mind you this was my home and it was over 90 degrees outside and I need air conditioning to sleep. Long story short and attorney fees, it was dismissed. But not before I was fired from the company for the charge alone. These cops were only seeing dollar signs and were complete assholes.
This is a classic case of " Care and Control of a motor vehicle while impaired ." It doesn't even have to be running or you in the vehicle. You just need to have the keys in your pocket and the vehicle nearby. You were lucky to get off.
Yup cops can decide to forget whatever they want or recall things that didn’t happen. If there are no third party witnesses or cameras, the cops memory is considered fact where as yours is considered a self-serving lie.
@@97vipa But if it wasn't important enough to them to put into their initial police report OR Affidavit then obviously there's something wrong. Its obvious they had no legal reason for the arrest, and they're to serve citizens first, not the county or city or state or federal government, the CITIZENS. So although "I don't recall" is a good legal tactic, it inherently breaks their oath to "protect and serve" the community if they are just choosing to leave out details that won't help the prosecution. Its one thing for an average citizen to help their case because its THEIR life and job and family and friends and freedom and money and reputation etc etc, but a cop who, 99.99999999999999999% of the time, won't be reprimanded, fired, charged, let alone CONVICTED for stuff far worse then this has no reason to not recall or tell the truth in what they remember; even if it hurts the prosecution because they shouldnt be TRYING for conviction, but letting the court decide. Prosecution shouldn't be trying to find one person guilty, but the guilty party of a crime that has been committed. Crimes should be found (and investigated) or witnessed, not sought out by Prosecuters or Law Enforcement. Thats plain wrong. Technically illegal but everyone knows it happens yet its so hard to prove.
Its crazy to me that the judge felt like she needed to soften the blow by praising and halfway apologizing to make them feel better for them being wrong
If the case comes to court and they are proved wrong - that should go on their record. The priority of a police force is to serve/protect. After that if they observe actual criminality, arrest and help convict. They have forgotten their priorities and now lie violate our rights to build the arrest/conviction rate in a lot of jurisdictions. Hopefully one of the worst violations (CAF) is on it's way out now.
That cop literally is one of those people everyone hates. “The defendant made a statement?” “No, he made an EXCITED UTTERANCE” he’s the type of guy that argues every point with you because the sound of his own voice talking gives him immense pleasure. In short…. A douche canoe.
The Defense should've objected on " a strong smell of a alcohol " or red eyes. That is subjective and not a crime. The Defense should've asked before the court started If the victim is in the courtroom. If not then ask for the case to be dismissed. The Judge and Cop are not victims.
@@Diegoflyboy dimissed because there is no victim? and what precedent do you have for this? would love to read that case.... at least in my state - a police officer can make an arrest as long as the officer objectively believes they have probable cause for an arrest of the offending individual. No where in the probable cause requirement (that I have seen) does it state there needs to be a victim. In the DUI laws no where does it state there needs to be a victim.
I absolutely LOVE when the cop thought he’d sound smart by saying ‘spontaneous utterance” and the DUI guy immediately humiliated him by chuckling and saying ‘I don’t need the legal terminology “ 😂
NO RIGHT TO LIFE! ILLUSORY GUN LAWS: Punish and permanently remove 2nd amendment gun rights for drinking/smoking pot & driving offenses! (CONTINUE READING!) Who is the injured party to question in court when all offenses are pullover-and-blow arrests or, I smelt the odor of marijuana void of accident, incident, victim, or injured party, but you're going to jail and no more guns for you, ever? This black law clearly denies Jurisprudence! State law says 3 offenses in a lifetime create a permanent non-reversible felony. These newly created (Mom & Dad) "non-violent" FELONS cannot ever hunt, protect themselves, their wealth, or their families! Eternal Felons/Eternal Slaves!!! (If a citizen has NO RIGHT to defend their life, there is NO RIGHT TO LIFE!) The ILLUSORY LAW has nexus by illusion with federal law and is based on imaginary death and destruction created by MADD! The felony law does not distinguish between "having a victim and injured party" vs "victimless" without any victim or injured party! (Simple pullover & blow arrests!) When DUIs are victimless & non-violent, without having any injured party or victim to confront in court, the severity of eternal punishment should never abolish the 2nd amendment gun right ... IRONICALLY the law allows the DUI (Driving under the Influence) driver to keep the driving privilege while eternally removing the 2nd amendment right based on a BLOWING MACHINE or by odorous smell. (Ironic) Current law clearly lacks distinction and jurisprudence between two distinct separate classes of offenses! THE ILLUSORY BLACK WALDO LAW INVENTS SLAVERY AND SERVITUDE OUT OF THIN AIR, WITHOUT REQUIRING A VICTIM!....... - Turtletruth (Semper Fidelis)..
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005). QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!) - QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
I find it very disturbing that once the officers realized that he was going back inside, they continued to try and ruin a guy's life. It's even more disturbing that a procecuter would try to inflate the circumstances to get a win instead of correcting a wrong done by the officers. Seems the officers and DA's have lost sight of who the bad guys are.
These police do not see the every day citizen as an equal. Its not hard for them to undervalue the life of what they perceive as livestock that they make profit off of.
The selective memory of these officers should be obviously apparent to the judge and they should be held in contempt of court whenever exercising this type of selective memory BS on the stand.
The 1st officer testified that he was involved in an exceptionally high number of alcohol related arrests. Then he is found to have unduly arrested a man for the crime of not committing a crime. Shouldn't that be an indicator that those other arrests he is so proud of, should be reviewed with an eye toward determining how many other citizens he had railroaded ???
Going by that logic then if a thief with many prior convictions is found not guilty on their latest time in court then all their other convictions should be looked at as they may have been innocent all those other times! My point is that each case should stand on its own merits on both sides of the fence. That is why plaintiffs' past crimes cannot be used against them without being directly related to the current crime. On the flip side, just because the officer got it wrong this time, under special circumstances, does not mean he got all the other times wrong that are likely under normal circumstances. This was an unusual case and if it had not already had case law to back it up it would have taken far longer in court. I think the cops did nothing wrong, an honest misinterpretation of the facts. The main one in the wrong was the prosecutor deciding to fight the case after seeing all the evidence and facts laid out clearly.
Resisting arrest needs to be dropped as well. If she's saying he should have never been arrested then resisting needs to go out the window, especially if it's something minor like this
Resisting arrest shouldn't even be a charge. Whether guilty or not, and if guilty, no matter the severity of the crime, resisting being arrested is a normal reaction to what is happening and dealing with that is what the police are paid to do and it is why they have tasers, handcuffs and the authority to use physical force.
@@oliver9089 In the very least it shouldn't be so lax. I could understand if you slug a cop, try to run or what ever. But "resisting arrest" in many cases is simply not walking fast enough aka dragging your feet. Or in this case the claim he didn't put his arms together for them to cuff him easier. Way too much of that is in the hands of the cop to just make a judgement. They can quite easily slap resisting arrest on almost any one they want. Which is funny because yes the charge to resist can stick when nothing else does.
Right if the arrest wasn’t lawful because there’s no probable cause, it’s not an arrest. They’re committing a crime on the citizen at that point and he’d be in the right to defend himself in the manner he did id venture. That drives me nuts that there’s even anything to discuss about the resisting charge after the verdict. You literally JUST ruled the arrest was unlawful. Even if they’re cops just trying to do their job, at that point it should be no different than anyone else wrapping someone up and sticking them in their car
The current case law is pretty clear that you can charged for resisting arrest even if the law a cop thinks you are breaking doesn't even exist, so long as the cop thought you might have committed something they consider to be a crime. The real answer if you think is this bad is to push for actual legislation changing this.
You can be arrested for "resisting arrest", for walking away from an officer. It's weird, when no arrest was never announced, but getting arrested can happen, if you ever talk to the police. Even as a witness. "Resisting arrest", is a bit vague.
I was kicked out of a jury pool in Oregon because I refused to accept that someone in this state can be charged with DUI for sitting in their car drunk.
There was an episode of Everybody Loves Raymond just like this. Debra had been to a baby shower or something, had several drinks, got in her car, put the keys in, then called Ray to come get her. She took a nap in the driver's seat and got noticed by a cop. He took her in because the keys were in the ignition. Lost her license for a while.
I am glad you got kicked off a jury for refusing to accept how the law works in your state. If you want to be on a jury with that opinion, move to a state where that’s the law.
I made a judge do exactly that. Apologize to the police officers who were no more than 8 ft away from me. I was caught riding my dirt bike on public land power poles I don't know who it belong to but cops gave me a big ticket and I said I'm going to court and I showed that there were no signs saying no entry allowed in fact of there were no signs at all. I took pictures of all that and took all those pictures with me to the court. I presented my case with a map of the riding area. Anyway long story short the judge sided with me and apologized to the police officers I believe there were four of those pepperheads. And when she decided I looked at them and grinned at them like you assholes LOLOLOL I walked out of that Courthouse like walking on a cloud. I was SO tickled because I defeated those assholes.
so he admitted to lying on the ticket, which is a sworn statement, arrest for dui which he was never driving. how is this not an arrestable offence for lying on a police report, lying under oath, fabricating evidence and falsifying charges.
Guy got arrested for sitting on a bench on private property waiting for an Uber after establishment closed. Police pull up saying he was suspicious possibly breaking into businesses and decided while they were there to arrest for public drunkenness. You damn well can't have responsible drunks waiting for ubers outside bars
I would hope the man could find an attorney to sue the officers for violating his civil rights. He had to show them his private phone before they would believe him where is the man's 4th amendment rights.
Believe this was settled out of.court and the Uber driver was the main witness for him as he arrived as the cops where arresting him. He told them he was there to pick him up. They dismissed this and continued to cuff and stuff him into their cop car. The sent a letter of intent after all charges got dropped ? So they paid up.
@glennwall552 I was afraid he would have to go through the wringer. Without the video things would have gone standard direction public intoxication resisting arrest disturbing the peace etc. b
Same thing happened to a friend, the case cost him A COMMISSION WITH THE MARINES. He had graduated Texas A&M a couple days prior, just got his gold bars at a ceremony. That weekend, instead of driving drunk he slept in his car, so made the right choice. Car was running but in park (needed the ac, texas summer night) , and a cop woke him up, cut the story short, the cop wouldn't listen at all and charged him with a dwi for having the engine running. Absolutely destroyed his life man...the Marines cancelled his contract and wouldnt allow him entry, all because he made the right decision and got a bad cop It took my friend years to recover mentally from having his dream ripped away from him
he made the wrong choice by sleeping in his car while drunk with the engine running. Engine running makes the DUI charge correct (certainly here it would, if the engine is running you're in control of it and DUI can be charged).
@@jwentingit does not matter if you put the keys in the glove compartment the SS does not care there’s no such thing as a good cop there, power-hungry drive karups them, and their absolute power makes them evil
@@jwenting Do you live in Texas by any chance? If not you've no clue how freaking hot it can get at night in the middle of summer, it can still be over 100 degrees at 2am here. Its a dumbass law that needs revision when it absolutely clear someone is sleeping it off at the bar parking lot and gets their life wrecked instead of leaving and chancing it. Any rational person can recognize this
@@DanielJohnson-ps4xv exactly man you're 100% correct. Back then Uber etc didn't exist, he did check taxi price to get home but couldn't swing it (~$62 iirc) so slept in his car instead of leaving with a bunch of drunks and one of em behind the wheel, but nope, not good enough for the police
WHAT KIND OF MADNESS IS THIS??? A Judge that does not simply "rubber stamp" the wishes of the Prosecutors Office?, and actual LISTENS to a Defense Attorney before a case even comes to trial? Sheer and utter MADNESS! SHE SHOULD BE PUNISHED BY RE-ELECTING HER! OVER AND OVER!
I was a witness in a trial, many, many, MANY years ago. I was in a room with the other witnesses and watched over, NOT in the courtroom waiting on another witness to finish testifying. Kinda insane to me that the second cop(witness) was able to listen to the questions put to the first cop(witness) and listen to the answers. He already knew how to answer.
This isn't a trial, it's a suppression hearing so the rules are much lighter. He absolutely would not be allowed to sit in for another witnesses testimony during trial. Basically this is a mini mock trial to see if there's basis for a real trial.
For real!?!! Chris???......Cops fked you up that bad? ...Dam i hope not . IDK like you know the story how you got where you are!!!.......But can't remember who brought you there ...LMGDSWAO!...I'd say cool story for G-Sons and Girls lol....Peace and all the best :D
Im a former deputy sheriff, and I seemed to remember most of went on with someone in court once I saw the person. His limited recollection is disturbing.
I'm no cop.. but as a citizen it's always amazing that these officers just show up to hearings and don even glance at the notes before hand.... In my line of work if I show up to a simple meeting without refreshing myself on the technical aspects.. I'm going to get raked over the coals.
In this case, the cops should just get the guy to call his wife/kid/friend to pick him up or call him an Uber and send him the bill. No need to have a power trip and arrest someone.
The municipality gets the income from the fines, the cop gets another arrest on his record for promotions, the cops get paid overtime for testifying in court. There is no incentive for the very logical way of approaching this situation as you suggest. Either way they will get him on another bullshit charge of public intoxication, there should be no such law in any state. The system is set up to fuck over otherwise law abiding citizens and incentivize police to make arrests on bogus arrests based on victimless crimes. We need a major overhaul of the legal system in the United States.
So an innocent man, gets arrested, goes to jail, has to post non-refundable bond to get out. Hire an attorney, a really good one I might add, take off work and go to court. He didn’t win, he just ended up better off than he could have....
I kind of agree with you on this because they wouldn't be so quick to say your under the influence yet it's scary bc I'd rather see that we get as many under the influence vehicles as possible and if we scare the police into not arresting under the influence it would be worse. However, what a good idea if it's a cop known for being wrong with there observations on UTIs.
@@mom2my3children I haven't seen a single person yet say we should be easy on drunk drivers. This was on New Years Day (cold) and this person was in his car, smoking a cigarette, staying warm, on the phone in a parking lot, in Park, with an open tab inside the bar when the police arrived. There is nothing anyone would want this man arrested for at this point. He was drinking in the bar prior to police arriving. Still nothing to be arrested for. Why does anyone still think the police officers were in any way correct with what went on next? Why do so many people want him behind bars? Walking up to the vehicle and talking to the man to find out what he is up to is fine but you can't arrest anyone for something you think they are going to do because there is always that chance they don't do it and maybe the call was to a friend or taxi to come pick him up. If this man was parked on the street it would be iffy. If he was driving then by all means have at it. If he had the car in gear (anything other then Park) then have at it.
@@Ed70Nova427 no, I meant in general. I don't think he sholdve been arrested either. What i was speculating was that it's such a fine line because if we held cops accountable for DUIs that they arrest like the original poster stated than id be concerned with the amount of people who originally may be let go because they're too scared to have to pay towing fees and other fees that was talked about im,aoriginal post(hypothetically speaking only), that the cops would think real hard before letting someone get booked for,DUIs.I hope that made sense.
@@mom2my3children Yes I understand. If the person is on the road driving then let a lawyer get him out of the ticket if he can but get the driver off the road. If the person is in a parking lot and the car is running and in gear, book em. There are laws in some places that do not allow police to park down the road from a bar and wait for someone to leave. I mean that's a bad law but its a good law also. I knew a guy in the early 80's that his wife would not allow any alcohol in the house. He worked swing shift and he said it was hard for him to go right to sleep. So he would go to the bar and drink three glasses of beer as quick as he could. Leaving the bar he would pull out onto the road turn right go to the first stop sign at the corner of the parking lot turn left and the second house on the right was his. He wouldn't feel the beer until 30 minutes or so later. That's at about midnight. If and officer ever pulled him over the officer would've smelt the beer and he would've gone to jail. In jail he would've been completely wiped out. So people also do weird things. Yes we do seem to be tying the hands of our officers preventing them from doing many things that would make their job much easier. We are doing this to everyone. I don't have an answer for that. Only they cannot arrest someone for something they think the person is going to do. Don't make up charges just to arrest someone. We need them to be humans. We need them to help us when something is happening. We need them to Serve and Protect. We cannot have a police force that we the people are afraid of. That is what the military is for. The military is the killing machine and not our police forces.
Here in Canada you can LEGALLY get charged with a DUI if you're within a certain distance from your car and your keys are on you, regardless of intent. Most INSANE law ever!
@PlasmaStorm73 [N5EVV] Imagine if you are a patient lying down in ambulance rushing toward hospital and your friendly neighbourhood cops stop you and charges you with DUI and cause your delay in treatment resulted in your death, and still reluctant to drop down all these ridicule charges, then that's truly 100% hopeless for U.S police forces. Now this case is about 60%, and they still are deligently moving toward that endgame of police forces.
Jjj Sss I think that his previous arrests come into question; the question being if they were valid? His bragging is to show that he has experience in this area of the law, but he has shown complete ineptitude in his testimony on this video.
He seems to remember all his conquests but not what time of day it was!! He really thinks he is cop of the year material!! He’s probably working at that KFC he mentioned now!!
Why is the judge thanking the cops so much, and sounding apologetic towards them, while delivering the verdict? Shows how hand in glove cops, prosecutors, and judges are.
Ken u nailed it. She sees those cops all the time, she,s only gonna see the defendant this one time, every single time the cops are portrayed as heros in her courtroom, i doubt if she,d even get pissed off if she knew cops lie all the time on the witness stand !
It's called the GOOD 'OL BOYS SYNDROME. That's one thing that cameras are starting to break down. If a cop is filmed, they can't change or LOSE evidence.
It's a well oiled machine that brings in millions of dollars for the corrupt government. I'm sure they are in a big hurry to rectify this problem. They have no problem breaking all the laws they cite citizens for. They are always "just doing their job" unless they or a fellow tyrant is breaking the law. Then all of a sudden "discretion" is used. There is always a loophole for them to bypass accountability whether it's discretion, ignorance to the law, professional courtesy, qualified immunity, the corrupt system backing them up or otherwise. Breaking the law is always a big deal to them and justice must be served. Unless of course they are the ones breaking the law. Then it's no big deal.
Incorrect. You have to have the keys and be presently able to drive. What is actually scary is mixing alcohol and controlling a vehicle. Had a wreck last month where I got to hear the innocent person hit by the drunk driver screaming as she burned alive. The DUI driver? He was fine. He's got himself an attorney just like this one to get him off the hook!
sometimes i'll take a rest in my car before walking home after the bar and make damn sure my keys are in the glove box and i'm in the back or the passenger seat. probably still get me for public intoxication but at least it's not a dui
They stack on more charges so it will be easier for a prosecutor to drop some charges in place of a guilty plea for lesser, this is used across the country
You contest any arrest in exactly one place as this case shows == a courtroom, nowhere else. If you resist even a false arrest you are guilty of resisting. And the reason for the law is to prevent people from attacking police because they personally "feel" the arrest is "wrong". I could show you hundreds of videos of people arguing, screaming, struggling that the police are arresting them when "I didn't do anything!" "I know the law!" (Note: In the English legal system and its derivatives what I said is not the case, you can resist a false arrest, though I don't know what the parameters of that might be.)
"Our principle goal was to get handcuffs on" explains it all. Supercop was going to perform an arrest regardless of the circumstances. The Gestapo has arrived!
And I think they remember very well there was a phone and they know they should not arrest the guy but better to say "no remember" becose maybe another officer say "yes I remember" and they go to jail instead.
@@robotpsychologist "I don't recall" is the go to line for when you don't want to state, on record, incriminating evidence against yourself in the capacity as a law enforcement officer.
They don't recall if he had a cell phone in his hand, they were only interested in making sure he didn't have a weapon. If he had a phone in his hand, the officer would have to determine it was a phone, and not a weapon. So their memory of whether or not he had a phone in his hand should be crystal clear
A cop can determine that there is no weapon in a persons hand without noticing what else is in the persons hand. /s More likely, strategically "forgetting" what was in the persons hand and deliberately not recording that information
@@davidbulak8583 you said perfectly. Cops know that a lot of people will just roll over either because they just don’t have the time or drive to fight it or just can’t afford to. To many sick cops out there anymore, I honestly don’t know how these corrupt heartless trash cops even live with themselves but apparently cops like this dip s**t will pat themselves on the back all day for job well done
Yes.. many ppl can’t afford to hire an attorney willing to go to trial. My partner’s public defender pretty much refused to go to trial, but he was so scared that he didn’t insist on a trial. He regrets it.
Because public defenders are overworked and underpaid and don't want to do their job and just throw the defendant under the bus because it's easier. Never trust a criminal record they are bogus.
I wish I was in his state. Not that I drink but still here in California you can be arrested just for being in the driver's seat while drunk, sleeping too.
@@morganoverbay8783 false arrest/detainment is usually decided in court, not by someone wielding a gun. You don't have any right to shoot anyone unless your life or someone elses life is in imminent danger. Some states also including protecting property, but not all. Know your rights and RESPONSIBILITIES when owning firearms. 2nd amendment does not give you any form of permission to shoot anyone, and certainly not for shooting cops. Especially for something that will be handled in court. Your statement/advice is a great way for people to die for nothing.
I remember in an episode of Scrubs it was made a point that having the key in the ignition turned on for battery use on a scooter and pushing it along the sidewalk while being intoxicated would in that particular state constitutes as driving under influence. And while I do not claim Scrubs to be the be all and end all of legal accuracy, it is not inconceivable for the law to be constructed in such a way.
In Alberta, Canada if you have the keys in or around the vehicle while being in the vehicle (even to sleep it off) it is DUI unless you have a really good lawyer. So I have always hid my keys under my air filter (wont work on new vehicles with keyless ignition, mine still has an ignition key) but I'm sure every state down there has different laws just like up here each province has different laws.
@@joeshmow1583 How does that work with the new cars? Is just having the card(key) near the car while being drunk enough to be arrested for driving? Seeing as you now only need to push the button and not have to do the physical act of putting in the key and twisting it. Do you perhaps know this?
@@TheRumblemore if they can prove you have them in or near the vehicle and you are inside the cab no matter which seat it is considered a DUI our laws are extremely unfair and were changed to stop the people who were getting off multiple DUI charges because our old laws had so many loopholes. Although I do not ever condone drinking and driving, I feel these new laws lead you to either drive and risk it because sleeping it off in the back seat with the keys in my pocket because the penalty is the same. Yes lots of people have gotten off with good lawyers but that will run you around $10000can or $7000american which most people don't have so they lose.
not really. you don't know if the cops have a good reason or not to arrest you, they don't have to convince you that they do or not have a good reason. once a cop tells you "you are under arrest", you should not resist. even if the arrest is illegal, you fight it in court, not on the street.
A court dismissing the charge doesn’t mean the arrest was unlawful. It means there was PC but this evidentiary hearing showed their was no likelihood of conviction for DUI.
@@KieranFoot you don't know if the cop arresting you was given a warrant for your arrest because someone has reason to believe you are part of a drug cartel, or what ever. or maybe you just have a few unpaid parking tickets that you forgot about. if you are told you are under arrest, don't resist; it will NEVER end in your favor.
@@richvan2128 exactly. while it's dumb that the prosecution was saying "and he resisted arrest, which is a crime, so the arrest was legal"; thankfully, the judge dismissed the "evidence", so now the prosecution can't claim they had a reason for the arrest (but it did add an extra step the defense had needed to take, to have everything cleared out). I don't recall seeing any case were a person was resisting arrest, and it worked out in his favor.
By not teaching civics in school, and evidently in no police academy, for officer safety, police are no longer our front line of defense from corrupt governments, foreign or domestic
The whole system in rotten. The police lie as routine and are encouraged to do so. They double down when they've abused innocent people's rights, then conspire to see what they can pin on them to justify an illegal arrest. The courts met out injustice, they use legal vernacular to trick people like having "must" mean "may" and "understand" mean " stand under". So when asked if you understand and you answer yes, you have just consented to hand your rights over. It is deliberately meant to confuse and dupe. English is mixed with legalese without the knowledge of the person being spoken to. If fraud like that happens in the very institution that is supposed to insure fairness then that society is lost.
Attorney: “Seems to be difficult to get a yes/no answer out of you guys. Can I assume you won’t remember or recall anything that will help my client?” Police: That’s affirmative.
I recently had court and I dealt with saaame thing...I had to keep objecting but judge time and time again allowed witness to answer irrelevant questions and ask me questions in which I continued to object
These officers go to court months or even years after the incident. Also they are under NO circumstances allowed to fill gaps in their story or lie. If you listen to officer testimony from court you’ll hear them say a ton that they don’t know or don’t remember.
This Attorney knowledge and attention to detail of every moment during the trial is astonishing. His pre hearing and case law work really shines, you could see how the prosecutor is so use to sweeping these DUIs and getting wins that he no longer really puts any effort into staying hungry for his wins, he was sloppy, acted lazy in his approach. The amazing part to this whole case was the crucial attention to the smaller details, cell phone, in hand, still parked, open tab, tokens. Slam dunk for an amazing Attorney! 👏👏🏆
Ever notice how thier voice shakes when they are on the stand. Doesn't feel so good does it buddy. Some of us were telling the truth when we were in that spot and no one listened. Your turn
Michael Sunday I have noticed when a person lies their voice gets raspy....funny how he remembers things like his arms went stiff like a weight lifter....but important things he does not recall
Doesn’t the “D” in DUI stand for Driving? Everyone agrees that he wasn’t driving. I am against driving under the influence, however that was clearly not the case in this situation.
Got arrested for PUI jokers, wouldn't they have been a hero if they had said look buddy your drunk, turn off the car and sleep 8t off or if its OK with you allow us to drive you home cause we are here to serve and protect.
Erin B driveway constitutes private property,... you can be as fucked up as you want and drive on private property as long as you don’t enter the roadway
The United States of America has always been America. Persecution, oppression and murder of innocent people is what this nation was founded on. The principles of which society was established upon can not be abandoned. Mystery Babylon, your Queendom is falling.
I was a city police officer and it is the officer’s responsibility to prepare themself to testify in court. This officer seemed very unprepared for this trial. The judge ruled correctly, in my opinion. I feel the appropriate charge might have been public intoxication, if anything at all. Anyone coming out of a bar will probably smell of an alcoholic beverage. Unless there was additional behavior that indicated intoxication, I don’t know if I would have looked to find an offense worthy of an arrest. Until the car is in gear and moving, he isn’t driving at all. Good case. Context and facts are always key.
It's in this part of Miranda: "Anything you say can and will be used AGAINST you in a court of law." They don't have to present exculpatory evidence that will help you...that's what your lawyer does.
@@mattshaggs2931 The cops were sworn in, swearing to tell the truth but cant remember anything that helps the defendant but do remember small details that will hurt him. So obvious in this case, neither cop can remember a phone but wont say he never had 1 is the biggest
It's amazing the level of guilt Judges feel for dismissing cases where law enforcement officers are witnesses. The Judge really threw in the resisting arrest charge seemingly to appease the officers. Ideally there should be objectivity based on the law, but it's all one big fraternity and it's better to just avoid the Court system in general, justice is often sparingly served
That was the only thing that infuriated me in this whole video. How apologetic she was to them for not being able to do more. How about being more apologetic to the guy who didn't break the law for which he is accused off. Which inturn wouldn't have lead to him resisting arrest. Judge felt the need to lick their boots because she's in the same line off work
yes, I thought that whole praising the cops while sitting in the bench was very unprofessional, and shows why video keep the cops from testalying as often as they do,
Why was Officer Carmen (who testified right after Officer Goldberg) allowed to "sit in the courtroom during Officer Goldberg's testimony"? Officer Carmen (being in the courtroom listening to his partners testimony) was CLEARLY in a position to ENHANCE / MODIFY HIS TESTIMONY (to ensure a CONVICTION) due to the fact that he HEARD THE TESTIMONY OF HIS PARTNER! Witness's to a crime, not only MUST NOT BE ALLOWED TO DISCUSS THE SITUATION WITH OTHERS PRIOR TO THEIR APPEARANCE IN COURT AND TESTIMONY but cannot be privy to knowing what any other witness says -;at any given time. THIS MUST APPLY even moreso TO POLICE OFFICERS.
Erin B Not TOTALLY true. You CAN be CHARGED with a misdemeanor or even a FELONY for filing a false police report. However, you rarely ever hear of that happening. (I’ll be honest, I was 90% sure, but I googled it before I posted 😂). Also, if it was a false report AGAINST YOU, you can sue whoever filed the false report (also from google)
They could subpoena that info if they wanted to. The defense probably wouldn't on a typical basis since it's the prosecutions job to prove the defendant committed the crime they were charged with. There may not be much to gain by calling such a witness, especially because you aren't allowed to ask leading questions on direct examination.
I think the "accuser" in that case would be the State, not the person reporting it to law enforcement since it's not the reporter of the alleged crime who is pressing charges.
Which is WHY the caller remained 'ANONYMOUS'. They get to nose their way into someone's business, yet, not be held accountable, should their report be proven false. It should be made unlawful to report a crime without identity. EXCEPT in the cases of sexual crimes against juveniles, imho.
Thank you for everything you gave up to serve your country. What the law put you through is unacceptable. You kept your cool as most of us wouldn't. Cheers to you brother, and again thank you for risking your life to make our country better. I pray you never have a need again. You're a hero...
Well considering he’s sitting in the front seat with the car running it wouldn’t be a far fetched idea the guy was thinking about driving. That’s why cops can get you for APC. He refused a breath test so he automatically pled guilty to a DUI. None of the arguments made mention of any of that. I’d say the prosecution needs to stick to his guns a little more. You don’t need intent to drive and that’s why the judge failed. The guy had actual physical control of the vehicle and could have driven away at any moment.
Jc H... He might have been sitting in his car and turned the engine on to warm himself up. I've done that. I think they arrested him too early. When he started to drive, then arrest him.
@@jch8044 are you say theguy had to freeze todeath wait for his friend this jan. the middle of winter all you are saying is if you go out drinking youmayas well drive home because you aregoing to get arrested any way
Definitely is a good lawyer. He got right into it. The prosecution on the other hand looked like he could just rely on his witness's and "his" version of how the law reads. He thought it wold be a slam dunk! The judge ruled it right, even if the guy was drunk, he was not driving. The vehicle never moved. A simple explanation is; It was January and cold outside, He was in his car running with the heater on calling someone to come and pick him up. If he cop was really interested in doing his job correctly and 'Legally" all he had to do was to wait and see if the guy moved the car. Had that happened, he would have been right. But, by being the over aggressive punk that he undoubtedly is, he jumped the proverbial gun and proceeded to make something out of nothing! The cop is a paid idiot!
@Cameron Grant lol. I hate to talk shit about ppl, especially to ppl who I do not know but since this is TH-cam n ppl do so all the time, I’m also gonna do so. But it looks like ur trying to say hi to a girl who In the picture looks to be someone who smokes crack. If I’m wrong than I should be forgiven bc it’s TH-cam. But if I’m not, I would say to u that ur taste n preference In the women u obviously find attractive is not really something I’d be quick to let other ppl see or know the type of girls that I like. Lol. But hey, if that’s ur cup of tea then I guess ur happiness is more Important than opinions of ppl like myself who got shit tlking to say. N for that, u should defend what makes u happy n cuss the ppl who think otherwise to include myself out. So point taken. U got a free pass to cuss me out or to analyze my picture and find something In it and clown the fk outta me. Lol. See, I’m pretty fair and usually I’m pretty right who share opinions with all ppl and point out my suggestions to what’s right for everyone. Haha
@@michaelkruz2563 dude trying to hi. Are you actually "high" he replied to her comment. In a straight forward professional fashion. He was absolutely correct as well. If she looks like she smokes crack. You look like you shoot Herron and eat a bowl of cereal all day.
@@codyaustin4298 lmfao. My comment about clowning me was not for u but for the guy that I mentioned. Needless to say, u wanna clown on me about my pic but at least I got a pic of myself up and I have no problems or issues with my appearance at all. And at 5’9 and 164lbs, I’m not fat or skinny. I’m fit and well built bc I take care of my body and no, I don’t shoot heroin or eat cereal all day. Matter of fact. I don’t even eat cereal u butt hurt, shot taking with no reasons ass, no Picture looking drag who probably ain’t got a pic bc ur self esteem is so low bc if u don’t u probably look like a person who shoots heroin themselves. And coming to think about it now, do u even know what someone looks like who’s on heroin? Obviously not bc the way I look anyone who grew up around fiends or crack heads and junky’s will be the first to say that I definitely ain’t on none of that. Bc my teeth, my body and personality says it loudly n proudly. But why am I even responding to ur comment? I don’t even know how u felt the urge to jump into a conversation that wasn’t even a conversation and had nothing to do with u. So I’ll say goodbye, happy holidays and I’ll continue to brush off my shoulders as I let the by-gones be by-gones.
Harry Caray: Hey, if you were a hot dog, and you were starving, would you eat yourself? Colin Quinn: I don't know. Harry Caray: Don't jerk me around, Norm, it's a simple question. A baby could answer it. If you were a hot dog, and you were starving, would you eat yourself? Colin Quinn: I guess so. Harry Caray: Oh, you made a wise choice, my friend.
Agreed they contaminated his testimony. If his testimony matched the other officer's without hearing it, it is more credible (though they stiff could have gone over it together prior).
This shows in very impressive fashion how the validity of circumstantial evidence can be used to validate a Terry stop but not to lawfully arrest a person based solely on that circumstantial evidence and going from reasonably suspicion to probable cause based on such evidence can create many judicial conflicts.
This is what happens when they try to "Minority Report" & arrest without witnessing a crime, & going solely off a caller's hunch or the "oracle's" (dispatcher's) report.
This is so scary that your entire life can be uprooted and ruined over a false arrest. And now this poor guy has to pay thousands and thousands of dollars to this attorney who's been working on this case for 3 years. Sad
The arrest was in January 2017 and the video was dated November 2018, so not 3 years but still almost 2 years. He should have made a counter suit for the legal costs
I am fighting a dui case in state of Oregon .. my car was parked for over 4 hours , I had 4 beers and fall asleep , keys were not in ignition , police came arrested me for driving under the influence.. I wasn’t , I told the cops I had few beers in my car and I was gonna sleep and drive back in the morning and now fighting for my life and career .. please wish me a good luck , I am not a bad person , never meant to drink and drive 😢
Had an officer stop me out on a rural road recently. He claimed I slowed down at the stop sign but didn’t stop. Now he waited 2 miles to stop me from when he said I did this. Now in that distance he did not do anything about the guy in the truck who backed out of the rural driveway and I had to swerve around. He kept trying to get me to say I didn’t stop. Then when I went for my registration he looked in and saw my dash camera. UHHHOHHHH he decided just to warn me then. I worked for ten years as a sheriff 30 years ago. Ten years in the military. Not a criminal and only ever had one speeding ticket in 40 years. But I still cover my ass especially now days
Maybe he should have been arrested for drinking and driving he can't remember anything, every answer is I can't recall, if you're looking for a weapon you had to look at his hands.
The State Police have definitely Changed Against citizens. You see how the State Police Regulation Manual and employment duties have changed from 1993 to 2021 and it should be alarming to every driver!!
I had a cop stop me for speeding once(I was). I had an excuse but he didn't buy it. I said that's fine i have a dash cam that will back me up. It was a huge bluff but it worked. It was just enough for him to question his own judgement.
The second officer testified: "It is like the first officer said". Why is he allowed in the court room as the first witness testifies? And the selective memory (identical by both officers) reeks of collusion.
In the UK the witnesses are not allowed into the court to hear previously given evidence. This is to stop them using hearsay to influence their evidence or to support previously given evidence.
This situation almost happened with me. I had 2 extra beers with a friend and food took longer to be served. I felt I should not be driving, but went to my car, it was freezing outside and turned the car for heating only and decided to just stay there for a couple of hours. I had work to finish. I noticed someone in the phone and looking to me. I'm a skeptical individual and didn't like the look of the guy. So, decided to turn off the card and went inside the restaurant and order a soda, a coffee and turn on my PC. For my not that surprise at all a police car showed up outside in like 10 minutes. They probably noticed they could not see any crime been committed and drove off. So, kind of weird I almost got a SUI "Sitting under the influence".
Thank you for that story. Damn a DUI in AZ can ruin your life. I have a DUI HANDBOOK written by a legal team that explores all aspects of defending a person arrested for drunk driving . Very interesting law specialty.
I want you to get in you car, start it up, and then sit there for 4 minutes. You will see that 4 minutes of sitting there seems like an eternity. If someone was intent on driving away, they wouldnt sit their for 4 minutes. Listening to the officers answer the prosecutors questions was like reading a book. They say all the right things. I wonder if they get the handbook on what words to use for DUI arrests. They rarely couldnt remember when prosecutor asked questions. Seemed like the only thing they remebered when defense attorney asked questions was the fact the defendant said he wasnt driving. Everything else was I do not recall.
reid1boys so you have never started up your car picked a song , texted someone , or just in general used your phone before driving off ?? Now come on you sound crazy , we’re talking about not even 5 minutes
When I eat my cereal in the morning I have a tactical approach, I'm trained to keep my spoon at a near 15 degree angle as my right hand is my primary conductor of my commando gear....
The cop's only defense is "I don't remember." He admitted that he NEVER saw the vehicle move! So.... How does he come up with DUI? My brain is short circuiting!
In some states you can be charged if you have “possession of the vehicle” meaning have Keys on your body and in the vehicle. People have been convicted for being asleep in the back seat of a car that was not turned on.
@@MunchinOnDew depends on the state. But I would agree with you. I'd go even further and say even if the car was running but Noone in the driver's seat it shouldn't be an issue. Think someone turning on the heat but sitting in the back to keep from freezing on a cold night, but knowing they were not in shape to drive.
It seems odd that they are able to remember some things in such detail but have no memory at all of others. Makes me suspect there might be lies told under oath.
You also have to keep in mind though that this happened at least a year and a half before, I believe it was. No way you’re gonna remember everything, and there’s no real reason for a suppression hearing or a trial to take that long. It should be a year max, not years to put a case to rest from arrest to trial (if the charges aren’t dismissed/dropped or a guilty plea taken). It’s also good now that cops wear body cams and it’s something every patrol officer should have to wear, that way it could be used in trial by both sides and show the jury and judge what really happened with crystal clear clarity.
@@DeplorableGames partially anyway. There’s a lot he didn’t “remember” that could’ve made their case stronger. What he did remember wasn’t much for the people to act on, intent to drive is all speculation, as he was in the car with it running in January where’s it cold, and obviously wasn’t in drive or reverse.
@@DeplorableGames of course, it’s also why you read over the report and citation before you go testify, to refresh your memory as you’re not gonna remember everything, especially not every arrest as they make a lot I’m sure. It’s also why you write a lot of details in your report, that way you can have a stronger case. It’s what I always did, and I’ve testified numerous times in jury trials and before grand juries (which is always easier, as there’s no defense attorney cross examining you, the prosecutor runs the show).
The officers answered a call as required. Instead of finding him sitting in the car they could have encountered him on the road having caused a fatal accident had he driven. An off duty officer often shows up to court in street clothes. In this case the judge ruled correctly. The man went to his car, turned it on to keep warm while he made a phone call. Great job DUI guy!
Despicable comment about things you have no knowledge of. If quota are involved, it's the chief or very likely some politician who instated these quota. You need to complain with them, not the cops.
I love how you could see how cocky the first cop was and the more and more the case went on and it wasn't looking good for him, you could see that cocky smirk on his face start to slowly disappear! 😂
I loved seeing that smart ass cop be dropped down a peg by the judge decision. I hate to think of the people that got burned by this bad cop,he will hurt or kill someone very soon if he keeps his job and everyone in that courtroom knows this my his actions.
So the judge admits the officers had no reason to arrest him - yet still charges the citizen who SHOULDN’T HAVE BEEN ARRESTED with resisting the arrest that should not have taken place?! 😂 “How dare you stand up for yourself when you are being arrested for nothing!! Here’s a ticket!!” What a joke. 🤦🏻♀️
@Chip Dayton is wrong, with the dui tossed. There is no grounds for an arrest. You can resist an illegal arrest. Resisting arrest is a secondary charge.
Anonymous call my ass, it is very common in the south ( I live in Georgia ) for the police to stake out local bars, and then try to arrest people as soon as they get in their car for intoxication. Thankfully, this judge saw through that.
Cops do the same in illinois. Funny thing is when they stalk a vehicle and pull it over for suspected dui just to find out their claim was false bc the driver drank water all nite and the passengers were the shitfaced ones
MA is like this too. They think anyone out late at night is drunk. MA is also very against guns, and any DUI conviction here bars you federally for life from getting a gun license. Hmmmm
Actually no they had a call and they are recorded. That's not really the issue anyway. What's the problem with cops arresting drunk driver as they leave the place where they got drunk? Did you think they should wait until after they kill someone to make an arrest?
This is where qualified immunity needs to be thrown out the door. These cops knew they didn't have anything but arrested the guy anyhow. Now he has to spend money on a lawyer and go before the court to plead his case. He should be able to sue them.
There are no more good cops left. . The sooner everyone realizes that they are NOT there to "Protect and Serve". .. ( Unless it's to protect their "thin blue line" or to serve their inflated egos. . ) They are there to further the interests and profits of big business and Corporations. . . They are there to serve the greedy and selfish needs of corrupt Politicians and elected officials and to RAISE REVENUE for the City or State. They don't give flying f**k about LAW, or the Constitution, or the Bill Of Rights or the needs of the Citizens. . They are just overpaid arrogant and ignorant thugs in clown outfits, carrying guns. EVERY time you interact with them. . REMEMBER that. . . They are there to hem you up for something - anything. . They are NOT YOUR FRIEND! And with qualified immunity, when they DO F**K up there is ZERO monetary penalty to THEM! It's the poor bastards in the *community they are supposed to SERVE* who wind up footing the bill. No incentive for the cop to EVER change his behaviour, because there is ZERO consequence of their actions. .
@@KnowTrentTimoy very risky attempting to represent yourself. Its doable, but youre risking essentially your future on your comprehension of law which requires years of schooling testing, and then more years of schooling to understand and articulate. Not just that, you need more than the knowledge, you need to understand the etiquette youll be expected to respect aswell as the social skills and ability to manipulate and extrapolate information from subjects that expect and are prepared for exactly that.
@@joshhill4903, if you are the plaintiff in a lawsuit why would it be risky? I’m generally curious because I figured the worst that could happen was you lose the lawsuit. I guess you could have to pay the court fees?
so they "pulled over" a parked vehicle? wow, what heroes...
Haaaaaa PARKED🤣🤣
I wonder how hard it was to "pull him over" while he was parked
@Kazuya he was convinced because he did not know his rights and laws and the constitution
@Kazuya Some claim in Michigan they can arrest you if your sitting in the car with the keys in your pocket?
its called a pui
When a cop can remember everything for the prosecution and nothing for the defense it's called selective amnesia.
No it’s called I can’t remember every specific detail of a case by memory again I do not understand why these cops in Kentucky do not have all their nails with them on the stand. Really stupid given the judge the prosecuting attorney and the defense attorney all have that evidence in front of them during cross and exam. Can somebody please explain this to me. I am a retired 22 year lawn Forssman officer out of California. I have never taken the stand without having all of my notes with me.
@@arkyologist I have been falsely arrested before and I remember having to sign for my personal belongings. There was a list of everything on my person that was inventoried. Wouldn't tokens have been inventoried and why wasn't this submitted into evidence?
Nah it's called being a corrupt puppet for an authoritarian police state
@@arkyologist
Well shit, whyd they even need you to testify when someone could have just read your "notes" to the jury?
I think is Idiot
It should be a default that any resisting arrest charges are thrown out immediately if the main arrest is deemed invalid.
It absolutely should. From the point that you would be resisting an unjustified arrest.
Fruits of the poisonous tree definitely applies here and a attorney should be competent enough to make this claim
I have to disagree there, you fight the charges in court not on the street. Making it legal to resist arrest if you are found not guilty is only going to reduce safety for both cops and citizens. You would end up with escalated arrests were more force is required by police to make an arrest because people feel they have a right to resist, but without anyway for them or the cops to know for sure who is right and who is wrong.
A better option would be to keep it as it is, if you get arrested you get arrested and can’t legally resist, but add a financial aspect where you are compensated automatically if its found to be wrongful arrest. And make the specific police force that arrested you responsible for that compensation as a punitive measure.
Can’t resist an illegal arrest
It was not argued by defense counsel. Hence, it stands.
The more I watch cops on the stand the more I see how dishonest they are.
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005).
QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!)
- QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
They are trained on our dime for this
People say, “but that’s just bad cops”. Tell them that but when a department defends their cops action then they’re all bad
O it is a culture, not only them but the Prosecutors are also.... and DEA.
They lie so much I think they actually start believing their own lies so it’s really easy for them. Scum of this earth, bottom feeders is all this cop is and yet he walks away with no punishment for falsely arresting someone, that’s bs and that cop needs punished by the people then since cop lover judge won’t do it. Tired of this shit
Resisting a blatently false arrest shouldnt be a crime.
I was a juror in a DUI where the driver was sitting outside in his car in the bar parking lot listening to his radio when the cop arrested him for DUI. in the video he states hes waiting for friend to pick him up, during the sobriety test those people showed up in the video wondering what's going on, and said they were there to pick him up. so this man was arrested for during the right thing.... Broward County Ft Lauderdale, Florida.
Hope you and all others voted not guilty.
The moral of the story is that whenever you're drinking at the bar, get in your car and drive home. The penalty for doing the right thing and calling a friend for a ride is the same: a DUI.
@@e-curb A police officer in the city where I went to college was an alum of my fraternity, and told me that if you are in the driver's seat and have the means to start the vehicle, that *is* grounds for DUI action, even if you are asleep. But, like in this type of case, just sit on the passenger's side of the car and they cannot make a case you might have, could have, or intended to drive. All they can try to pin is public intoxication, which is not generally an arrestable offense unless compounded with other offenses like creating a scene or the snnoyed officer's favorite, disorderly conduct.
Broward is a cesspool of incompetent cops
@Michael Gower
That officer half-lied to you. Look up cases where DUI arrests are made of drunk people, in bar parking lots, and the cases get dusmissed, because they were trying to stay warm on a cold night while smoking a cigarette..
It's amazing whenever these law enforcement officers remembers everything whenever talking to the district attorneys, however they forget almost everything once talking to the defense attorney..
Really amazing considering they can't seem to remember the most basic and important Civil Rights they aren't supposed to violate...🤦🏻♀️
Worried about his own ass.
"Whatever you say or do will be used against you; Never for you!!!"
Selective memory.
@@brentfarvors192that is them putting us under oath!
I almost got arrested when I was standing outside a bar waiting for an uber. They said because i had my keys on me and my car was locked in the parking lot, i had intent to drive home. Even though i showed them i had an uber 2 minutes away.
Then the officer tried to solicit the uber driver into saying he saw me get in my car.
He didnt.
Literally cant do the right thing any more without getting harassed.
Why didn't you use a taxi?
@@johnnyjericho8472 okay 👍
@@glennwall552 uber is a taxi
How would they know the location of your keys? Never volunteer information.
@Blinknone they were obvious imprinted in my pocket. I didn't volunteer anything lol
Shocking! A judge actually makes a ruling that was not biased. We need more judges like her, fair and unbiased. Oh and most importantly, we need more lawyers like you! Ones that take their job seriously and treat each case with importance.
It was biased, the b---h is a cop hater.
Yet still has to apologize to the officers for their overstep instead of admonishing them for it.
lol no, she wouldn't have ruled in his favor, because that would've been career suicide
What is so shocking about it? I don't know what well you drink from, but the chances are pretty good that you will get a fair hearing. Sometimes people get shafted, but I don't believe that our system of justice is corrupt that every time the judge adjudicates properly it is an exception.
@@oicu812brazell8 She's got to work with them every day so there is no reason for her, especially on a case as legally complicated as this, to start antagonizing anyopne.
Yep happened to me in NC. I was driving a truck for a living and had a layover on the coast. There was a hurricane coming the next evening so all the restaurants on the beach were selling booze and food half price so they didn't have to store it elsewhere. I have a few drinks with my meal and retired to my truck and went to bed. Sometime during the night an officer knock on my door and woke me. I stepped out of the sleeper to answer the door and he wanted to let me know they were going to evacuate the area starting around noon that next day. I informed him I would be gone by 9am. He left and I went back to bed. A few minutes later another knock at my door. This time it was a state trooper. He proceeded to get me out of the truck and give me a sobriety test that said I was .08 .02 over the legal limit for a CDL operator and took me to jail for DUI because the truck was running. Mind you this was my home and it was over 90 degrees outside and I need air conditioning to sleep. Long story short and attorney fees, it was dismissed. But not before I was fired from the company for the charge alone. These cops were only seeing dollar signs and were complete assholes.
thats a lawsuit . you are entitled to the remaining salary you would have received if working until retirement from the cop and municipality
This is a classic case of " Care and Control of a motor vehicle while impaired ." It doesn't even have to be running or you in the vehicle. You just need to have the keys in your pocket and the vehicle nearby. You were lucky to get off.
@@alanmacification just a crafty way to finagle more arrests.
The cops that did that to you should be subject to capital punishment
@@craftsandstuff3349 We call it the " Staggering with Intent to Crawl " law
A great ad for cameras. Cops will never "remember' or "recall" anything that hurts their case.
So you dont either. "I cant recsll" is a powerful legal tool on both sides.
From my understanding and what I heard he made contact with him January 1st 2017. The date dated on this video is 10/11/2018 which is a far between
Yup cops can decide to forget whatever they want or recall things that didn’t happen. If there are no third party witnesses or cameras, the cops memory is considered fact where as yours is considered a self-serving lie.
@@97vipa But if it wasn't important enough to them to put into their initial police report OR Affidavit then obviously there's something wrong. Its obvious they had no legal reason for the arrest, and they're to serve citizens first, not the county or city or state or federal government, the CITIZENS. So although "I don't recall" is a good legal tactic, it inherently breaks their oath to "protect and serve" the community if they are just choosing to leave out details that won't help the prosecution. Its one thing for an average citizen to help their case because its THEIR life and job and family and friends and freedom and money and reputation etc etc, but a cop who, 99.99999999999999999% of the time, won't be reprimanded, fired, charged, let alone CONVICTED for stuff far worse then this has no reason to not recall or tell the truth in what they remember; even if it hurts the prosecution because they shouldnt be TRYING for conviction, but letting the court decide. Prosecution shouldn't be trying to find one person guilty, but the guilty party of a crime that has been committed. Crimes should be found (and investigated) or witnessed, not sought out by Prosecuters or Law Enforcement. Thats plain wrong. Technically illegal but everyone knows it happens yet its so hard to prove.
@@97vipa not surprising speedy trial is a thing of the past.
Its crazy to me that the judge felt like she needed to soften the blow by praising and halfway apologizing to make them feel better for them being wrong
If the case comes to court and they are proved wrong - that should go on their record. The priority of a police force is to serve/protect. After that if they observe actual criminality, arrest and help convict. They have forgotten their priorities and now lie violate our rights to build the arrest/conviction rate in a lot of jurisdictions. Hopefully one of the worst violations (CAF) is on it's way out now.
That cop literally is one of those people everyone hates. “The defendant made a statement?” “No, he made an EXCITED UTTERANCE” he’s the type of guy that argues every point with you because the sound of his own voice talking gives him immense pleasure.
In short…. A douche canoe.
A douche canoe?? Funny but painful 😂
This is why you SAY NOTHING. These people will "interpret" anything you do or say as "suspicious."
😂😂😂 “Spontaneous utterance”
"Spontaneous utterance" wtf ? AKA statements.... those are called a STATEMENT, occifer.
🤣🤣🤣
He had a great memory on direct but went amnesiac on cross.
🤣🤣😂😂😂
Georg Spence That's a bonafide liar.
The Defense should've objected on " a strong smell of a alcohol " or red eyes. That is subjective and not a crime. The Defense should've asked before the court started If the victim is in the courtroom. If not then ask for the case to be dismissed. The Judge and Cop are not victims.
@@otumfuo3 ..
@@Diegoflyboy dimissed because there is no victim? and what precedent do you have for this? would love to read that case.... at least in my state - a police officer can make an arrest as long as the officer objectively believes they have probable cause for an arrest of the offending individual. No where in the probable cause requirement (that I have seen) does it state there needs to be a victim. In the DUI laws no where does it state there needs to be a victim.
I absolutely LOVE when the cop thought he’d sound smart by saying ‘spontaneous utterance” and the DUI guy immediately humiliated him by chuckling and saying ‘I don’t need the legal terminology “ 😂
The officer sounds very practiced and allowed to talk way passed a quick direct answer to the question.
Yes, I think the judge was allowing far too much leeway in his responses.
This cop is the kind of guy you DON'T want as a friend, or as a co-worker, or as an acquaintance
How about as the subject of an end of watch story? Lol
NO RIGHT TO LIFE!
ILLUSORY GUN LAWS: Punish and permanently remove 2nd amendment gun rights for drinking/smoking pot & driving offenses! (CONTINUE READING!)
Who is the injured party to question in court when all offenses are pullover-and-blow arrests or, I smelt the odor of marijuana void of accident, incident, victim, or injured party, but you're going to jail and no more guns for you, ever?
This black law clearly denies Jurisprudence!
State law says 3 offenses in a lifetime create a permanent non-reversible felony. These newly created (Mom & Dad) "non-violent" FELONS cannot ever hunt, protect themselves, their wealth, or their families! Eternal Felons/Eternal Slaves!!! (If a citizen has NO RIGHT to defend their life, there is NO RIGHT TO LIFE!)
The ILLUSORY LAW has nexus by illusion with federal law and is based on imaginary death and destruction created by MADD!
The felony law does not distinguish between "having a victim and injured party" vs "victimless" without any victim or injured party! (Simple pullover & blow arrests!)
When DUIs are victimless & non-violent, without having any injured party or victim to confront in court, the severity of eternal punishment should never abolish the 2nd amendment gun right ...
IRONICALLY the law allows the DUI (Driving under the Influence) driver to keep the driving privilege while eternally removing the 2nd amendment right based on a BLOWING MACHINE or by odorous smell. (Ironic)
Current law clearly lacks distinction and jurisprudence between two distinct separate classes of offenses!
THE ILLUSORY BLACK WALDO LAW INVENTS SLAVERY AND SERVITUDE OUT OF THIN AIR, WITHOUT REQUIRING A VICTIM!.......
- Turtletruth (Semper Fidelis)..
No doubt. He's so in love with himself...how can he faithful to anyone but himself.
@@3PercentNeanderthal hopefully he'll be carried out by six
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005).
QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!)
- QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
I find it very disturbing that once the officers realized that he was going back inside, they continued to try and ruin a guy's life. It's even more disturbing that a procecuter would try to inflate the circumstances to get a win instead of correcting a wrong done by the officers. Seems the officers and DA's have lost sight of who the bad guys are.
It is obvious who the bad guys are ... its the justice crimminal racket.
No, they know they're the bad guys its why they need to win or else "winning" wouldn't matter.
These police do not see the every day citizen as an equal. Its not hard for them to undervalue the life of what they perceive as livestock that they make profit off of.
Sadly, we no longer live in a country where you are innocent until proven guilty. We live in a country where you are guilty until proven innocent...
And the judge!!
The selective memory of these officers should be obviously apparent to the judge and they should be held in contempt of court whenever exercising this type of selective memory BS on the stand.
Absolutely!
Sure... TH-cam lawyer?
@@joyesnarcisse4031 ok… overweight TH-cam viewer
@@F80mthree Ok, drunk hillbilly who cleans my toilet for a living.
@@F80mthree 😂😂😂😂😂
The 1st officer testified that he was involved in an exceptionally high number of alcohol related arrests.
Then he is found to have unduly arrested a man for the crime of not committing a crime.
Shouldn't that be an indicator that those other arrests he is so proud of, should be reviewed with an eye toward determining how many other citizens he had railroaded ???
Yes! And because people can’t afford an attorney they will take a plea deal so they can get less charges and no jail time
Going by that logic then if a thief with many prior convictions is found not guilty on their latest time in court then all their other convictions should be looked at as they may have been innocent all those other times!
My point is that each case should stand on its own merits on both sides of the fence. That is why plaintiffs' past crimes cannot be used against them without being directly related to the current crime. On the flip side, just because the officer got it wrong this time, under special circumstances, does not mean he got all the other times wrong that are likely under normal circumstances.
This was an unusual case and if it had not already had case law to back it up it would have taken far longer in court. I think the cops did nothing wrong, an honest misinterpretation of the facts. The main one in the wrong was the prosecutor deciding to fight the case after seeing all the evidence and facts laid out clearly.
Correct, and bonuses based on arrest rates should be eliminated and illegal.
I had the same thought. The cop was proud of how many folks he arrested for intoxication. I didn't like him from that moment on.
Resisting arrest needs to be dropped as well. If she's saying he should have never been arrested then resisting needs to go out the window, especially if it's something minor like this
Resisting arrest shouldn't even be a charge. Whether guilty or not, and if guilty, no matter the severity of the crime, resisting being arrested is a normal reaction to what is happening and dealing with that is what the police are paid to do and it is why they have tasers, handcuffs and the authority to use physical force.
@@oliver9089 In the very least it shouldn't be so lax. I could understand if you slug a cop, try to run or what ever. But "resisting arrest" in many cases is simply not walking fast enough aka dragging your feet. Or in this case the claim he didn't put his arms together for them to cuff him easier.
Way too much of that is in the hands of the cop to just make a judgement. They can quite easily slap resisting arrest on almost any one they want. Which is funny because yes the charge to resist can stick when nothing else does.
Right if the arrest wasn’t lawful because there’s no probable cause, it’s not an arrest. They’re committing a crime on the citizen at that point and he’d be in the right to defend himself in the manner he did id venture.
That drives me nuts that there’s even anything to discuss about the resisting charge after the verdict.
You literally JUST ruled the arrest was unlawful. Even if they’re cops just trying to do their job, at that point it should be no different than anyone else wrapping someone up and sticking them in their car
The current case law is pretty clear that you can charged for resisting arrest even if the law a cop thinks you are breaking doesn't even exist, so long as the cop thought you might have committed something they consider to be a crime. The real answer if you think is this bad is to push for actual legislation changing this.
You can be arrested for "resisting arrest", for walking away from an officer. It's weird, when no arrest was never announced, but getting arrested can happen, if you ever talk to the police. Even as a witness. "Resisting arrest", is a bit vague.
I was kicked out of a jury pool in Oregon because I refused to accept that someone in this state can be charged with DUI for sitting in their car drunk.
Good for you. I didn’t get selected for jury duty when I didn’t agree that a police officers word is better than a citizens.
There was an episode of Everybody Loves Raymond just like this. Debra had been to a baby shower or something, had several drinks, got in her car, put the keys in, then called Ray to come get her. She took a nap in the driver's seat and got noticed by a cop. He took her in because the keys were in the ignition. Lost her license for a while.
I don't understand why we tolerate this pseudo "precog" garbage.
Lawyers don't want people who can think or have common sense on a jury.
I am glad you got kicked off a jury for refusing to accept how the law works in your state. If you want to be on a jury with that opinion, move to a state where that’s the law.
I've always hated how apologetic judges sound when they have to go against prosecutors and police
it’s called dicta-unnecessary, prejudicial, nonsense. So resisting is still alive for mr bow tie? Stupid stop and arrest.
They go golfing together
Yeah that pisses me off. The judge was kissing the cops ass but no apology or any remorse of any kind to the defendant.
I made a judge do exactly that. Apologize to the police officers who were no more than 8 ft away from me. I was caught riding my dirt bike on public land power poles I don't know who it belong to but cops gave me a big ticket and I said I'm going to court and I showed that there were no signs saying no entry allowed in fact of there were no signs at all. I took pictures of all that and took all those pictures with me to the court. I presented my case with a map of the riding area. Anyway long story short the judge sided with me and apologized to the police officers I believe there were four of those pepperheads. And when she decided I looked at them and grinned at them like you assholes LOLOLOL I walked out of that Courthouse like walking on a cloud. I was SO tickled because I defeated those assholes.
Correct. It’s for “the people” that they’re all trying to get justice.
so he admitted to lying on the ticket, which is a sworn statement, arrest for dui which he was never driving. how is this not an arrestable offence for lying on a police report, lying under oath, fabricating evidence and falsifying charges.
Guy got arrested for sitting on a bench on private property waiting for an Uber after establishment closed. Police pull up saying he was suspicious possibly breaking into businesses and decided while they were there to arrest for public drunkenness. You damn well can't have responsible drunks waiting for ubers outside bars
And treating people like that - is it any wonder they get behind the wheel? Total Bull - try to do the right thing and get arrested.
I would hope the man could find an attorney to sue the officers for violating his civil rights. He had to show them his private phone before they would believe him where is the man's 4th amendment rights.
Believe this was settled out of.court and the Uber driver was the main witness for him as he arrived as the cops where arresting him. He told them he was there to pick him up. They dismissed this and continued to cuff and stuff him into their cop car. The sent a letter of intent after all charges got dropped ? So they paid up.
@glennwall552 I was afraid he would have to go through the wringer. Without the video things would have gone standard direction public intoxication resisting arrest disturbing the peace etc.
b
@glennwall552 glad it rolled his way. Those cops railroaded him with several charges . It was so despicable.
So the cop arrested him FOR A CRIME HE HAD NOT COMMITTED YET?
Is this Minority Report?????
He did it in his head! Lol.
A thug with a badge
Sadly there is someone in jail for writing disturbing things in a journal.
They do that all the time,they can't catch the real criminals so they go after innocent people.
Nah just trump's america
Same thing happened to a friend, the case cost him A COMMISSION WITH THE MARINES. He had graduated Texas A&M a couple days prior, just got his gold bars at a ceremony. That weekend, instead of driving drunk he slept in his car, so made the right choice. Car was running but in park (needed the ac, texas summer night) , and a cop woke him up, cut the story short, the cop wouldn't listen at all and charged him with a dwi for having the engine running.
Absolutely destroyed his life man...the Marines cancelled his contract and wouldnt allow him entry, all because he made the right decision and got a bad cop
It took my friend years to recover mentally from having his dream ripped away from him
he made the wrong choice by sleeping in his car while drunk with the engine running.
Engine running makes the DUI charge correct (certainly here it would, if the engine is running you're in control of it and DUI can be charged).
@@jwentingit does not matter if you put the keys in the glove compartment the SS does not care there’s no such thing as a good cop there, power-hungry drive karups them, and their absolute power makes them evil
Absolutely gives the wrong message, drive drunk so you don’t get caught sleeping parked drunk.
@@jwenting Do you live in Texas by any chance? If not you've no clue how freaking hot it can get at night in the middle of summer, it can still be over 100 degrees at 2am here. Its a dumbass law that needs revision when it absolutely clear someone is sleeping it off at the bar parking lot and gets their life wrecked instead of leaving and chancing it. Any rational person can recognize this
@@DanielJohnson-ps4xv exactly man you're 100% correct. Back then Uber etc didn't exist, he did check taxi price to get home but couldn't swing it (~$62 iirc) so slept in his car instead of leaving with a bunch of drunks and one of em behind the wheel, but nope, not good enough for the police
WHAT KIND OF MADNESS IS THIS??? A Judge that does not simply "rubber stamp" the wishes of the Prosecutors Office?, and actual LISTENS to a Defense Attorney before a case even comes to trial? Sheer and utter MADNESS!
SHE SHOULD BE PUNISHED BY RE-ELECTING HER! OVER AND OVER!
so true
I was a witness in a trial, many, many, MANY years ago. I was in a room with the other witnesses and watched over, NOT in the courtroom waiting on another witness to finish testifying. Kinda insane to me that the second cop(witness) was able to listen to the questions put to the first cop(witness) and listen to the answers. He already knew how to answer.
It's not about if he knows how to answer or not, its about the content of his answer. This is why our systems fail, with this mindset.
@@GusJenkinsElite The 'how to answer" is the "content of his answer". It's just worded different.
@@GusJenkinsElite our system is far from failed lmao
This isn't a trial, it's a suppression hearing so the rules are much lighter.
He absolutely would not be allowed to sit in for another witnesses testimony during trial. Basically this is a mini mock trial to see if there's basis for a real trial.
@@obtuse186 makes sense, thanks.
"I very vividly recall my story but don't recall any other details of the encounter."
For real!?!! Chris???......Cops fked you up that bad? ...Dam i hope not . IDK like you know the story how you got where you are!!!.......But can't remember who brought you there ...LMGDSWAO!...I'd say cool story for G-Sons and Girls lol....Peace and all the best :D
You realize that this is years ago... of someone doing something over and over again?
How convenient..
Chris N perfect response haha
is it not amazing how people claim to know everything and claim to know nothing in the same breath?
Im a former deputy sheriff, and I seemed to remember most of went on with someone in court once I saw the person. His limited recollection is disturbing.
I'm no cop.. but as a citizen it's always amazing that these officers just show up to hearings and don even glance at the notes before hand....
In my line of work if I show up to a simple meeting without refreshing myself on the technical aspects.. I'm going to get raked over the coals.
You commenting here is disturbing. You are a terrorist and have no place in a just society.
Thanking the officers? That expresses bias and should be grounds for a recusal
In this case, the cops should just get the guy to call his wife/kid/friend to pick him up or call him an Uber and send him the bill. No need to have a power trip and arrest someone.
He was going back into the bar. Lol. Stepped out for a smoke.
The only reason this clown became a cop was to go on power trips. Like most cops.
The cop couldn't extort money from this guy if he let him go.
The municipality gets the income from the fines, the cop gets another arrest on his record for promotions, the cops get paid overtime for testifying in court. There is no incentive for the very logical way of approaching this situation as you suggest. Either way they will get him on another bullshit charge of public intoxication, there should be no such law in any state. The system is set up to fuck over otherwise law abiding citizens and incentivize police to make arrests on bogus arrests based on victimless crimes. We need a major overhaul of the legal system in the United States.
With friends i most of the time was the designated driver when me an my friends went out to the bar i drank Shirley temples all night lol
So an innocent man, gets arrested, goes to jail, has to post non-refundable bond to get out. Hire an attorney, a really good one I might add, take off work and go to court. He didn’t win, he just ended up better off than he could have....
Maybe sue for false arrest. Get a shotty heavily taxed payout 4 years later 🤣🤔😫
Preaaaachhh
Thomas Steele There's no tax on injury settlements. But I get your point.
You may beat the rap, but you won’t beat the ride!
Yo swag, imagine the people that can't afford it and find themselves in a lose lose situation? Oh wait, that's what us poor folks call "the system"
The expenses should be paid by the police every time crap like this happens, otherwise we lose one way or another!
I kind of agree with you on this because they wouldn't be so quick to say your under the influence yet it's scary bc I'd rather see that we get as many under the influence vehicles as possible and if we scare the police into not arresting under the influence it would be worse. However, what a good idea if it's a cop known for being wrong with there observations on UTIs.
@@mom2my3children I haven't seen a single person yet say we should be easy on drunk drivers.
This was on New Years Day (cold) and this person was in his car, smoking a cigarette, staying warm, on the phone in a parking lot, in Park, with an open tab inside the bar when the police arrived. There is nothing anyone would want this man arrested for at this point. He was drinking in the bar prior to police arriving. Still nothing to be arrested for. Why does anyone still think the police officers were in any way correct with what went on next? Why do so many people want him behind bars?
Walking up to the vehicle and talking to the man to find out what he is up to is fine but you can't arrest anyone for something you think they are going to do because there is always that chance they don't do it and maybe the call was to a friend or taxi to come pick him up. If this man was parked on the street it would be iffy. If he was driving then by all means have at it. If he had the car in gear (anything other then Park) then have at it.
@@Ed70Nova427 no, I meant in general. I don't think he sholdve been arrested either. What i was speculating was that it's such a fine line because if we held cops accountable for DUIs that they arrest like the original poster stated than id be concerned with the amount of people who originally may be let go because they're too scared to have to pay towing fees and other fees that was talked about im,aoriginal post(hypothetically speaking only), that the cops would think real hard before letting someone get booked for,DUIs.I hope that made sense.
@@mom2my3children Yes I understand. If the person is on the road driving then let a lawyer get him out of the ticket if he can but get the driver off the road. If the person is in a parking lot and the car is running and in gear, book em. There are laws in some places that do not allow police to park down the road from a bar and wait for someone to leave. I mean that's a bad law but its a good law also.
I knew a guy in the early 80's that his wife would not allow any alcohol in the house. He worked swing shift and he said it was hard for him to go right to sleep. So he would go to the bar and drink three glasses of beer as quick as he could. Leaving the bar he would pull out onto the road turn right go to the first stop sign at the corner of the parking lot turn left and the second house on the right was his. He wouldn't feel the beer until 30 minutes or so later. That's at about midnight. If and officer ever pulled him over the officer would've smelt the beer and he would've gone to jail. In jail he would've been completely wiped out. So people also do weird things.
Yes we do seem to be tying the hands of our officers preventing them from doing many things that would make their job much easier. We are doing this to everyone. I don't have an answer for that. Only they cannot arrest someone for something they think the person is going to do. Don't make up charges just to arrest someone. We need them to be humans. We need them to help us when something is happening. We need them to Serve and Protect. We cannot have a police force that we the people are afraid of. That is what the military is for. The military is the killing machine and not our police forces.
@@Ed70Nova427 I agree
"The most dangerous thing in life is an incompetent that has been given a gun and a law enforcement badge."
- Steven Magee
Here in Canada you can LEGALLY get charged with a DUI if you're within a certain distance from your car and your keys are on you, regardless of intent. Most INSANE law ever!
Even if you were positioned in the back seat lying down unconscious? Then that's truly insane.
@PlasmaStorm73 [N5EVV] Imagine if you are a patient lying down in ambulance rushing toward hospital and your friendly neighbourhood cops stop you and charges you with DUI and cause your delay in treatment resulted in your death, and still reluctant to drop down all these ridicule charges, then that's truly 100% hopeless for U.S police forces. Now this case is about 60%, and they still are deligently moving toward that endgame of police forces.
Another reason to not live in Canada
Corporate codes! Millions of them.
Based. I think australia's 'In charge of a motor vehicle' is better but this works as well.
The cop actually brags that his arrests for public drunkenness are extremely high. what a clown!
Jjj Sss I think that his previous arrests come into question; the question being if they were valid? His bragging is to show that he has experience in this area of the law, but he has shown complete ineptitude in his testimony on this video.
Most cops ARE clowns.
He seems to remember all his conquests but not what time of day it was!!
He really thinks he is cop of the year material!!
He’s probably working at that KFC he mentioned now!!
Jjj Sss he’s trying to prove he isn’t green.
🤣🤣🤣😂
Why is the judge thanking the cops so much, and sounding apologetic towards them, while delivering the verdict? Shows how hand in glove cops, prosecutors, and judges are.
Ken u nailed it. She sees those cops all the time, she,s only gonna see the defendant this one time, every single time the cops are portrayed as heros in her courtroom, i doubt if she,d even get pissed off if she knew cops lie all the time on the witness stand !
Don't you notice they always do that
It's called the GOOD 'OL BOYS SYNDROME. That's one thing that cameras are starting to break down. If a cop is filmed, they can't change or LOSE evidence.
Corruption rules in these liaisons with judges, cops, and prosecutor.
You scratch my back and I'll give you a reach around.
It's much worse than u mite think. Especially out of court room
If its an unlawful arrest, how is resisting arrest a crime?
Because you can't know the arrest is unlawful at the time, so for officer safety, you just need to bend over and take it, hoping they apply lube.
Kudos for the judge for stepping in to say it was a yes or no question instead of letting the cop tip toe around it with a drawn put response.
Even politicians don't want to lie on the stand
Arguing over a parked car to extort money from someone at a party. The justice system a dumpster fire 🤡
It's a well oiled machine that brings in millions of dollars for the corrupt government. I'm sure they are in a big hurry to rectify this problem. They have no problem breaking all the laws they cite citizens for. They are always "just doing their job" unless they or a fellow tyrant is breaking the law. Then all of a sudden "discretion" is used. There is always a loophole for them to bypass accountability whether it's discretion, ignorance to the law, professional courtesy, qualified immunity, the corrupt system backing them up or otherwise. Breaking the law is always a big deal to them and justice must be served. Unless of course they are the ones breaking the law. Then it's no big deal.
what's scary is that in some states just sitting in the drivers seat, not driving, while intoxicated is sufficient for a DUI conviction
Incorrect. You have to have the keys and be presently able to drive.
What is actually scary is mixing alcohol and controlling a vehicle. Had a wreck last month where I got to hear the innocent person hit by the drunk driver screaming as she burned alive.
The DUI driver? He was fine. He's got himself an attorney just like this one to get him off the hook!
Why's that so scary? Here's a thought, you've been drinking, stay away from your car,problem solved. Or is that to" scary" to consider.
To get a dui dont you need to be driving?
sometimes i'll take a rest in my car before walking home after the bar and make damn sure my keys are in the glove box and i'm in the back or the passenger seat. probably still get me for public intoxication but at least it's not a dui
Was a guy who rode a horse across a field to a bar. Got a DUI. He argued in court that the horse was driving. Still got convicted.
how can you get some one for resisting arrest when it was a false arrest to begin with
They always do that
It wont stick bc its called fruits of the poisonous tree.
They stack on more charges so it will be easier for a prosecutor to drop some charges in place of a guilty plea for lesser, this is used across the country
You contest any arrest in exactly one place as this case shows == a courtroom, nowhere else. If you resist even a false arrest you are guilty of resisting.
And the reason for the law is to prevent people from attacking police because they personally "feel" the arrest is "wrong". I could show you hundreds of videos of people arguing, screaming, struggling that the police are arresting them when "I didn't do anything!" "I know the law!"
(Note: In the English legal system and its derivatives what I said is not the case, you can resist a false arrest, though I don't know what the parameters of that might be.)
@Tony Smith That you can be arrested for resisting a false arrest.
"Our principle goal was to get handcuffs on" explains it all. Supercop was going to perform an arrest regardless of the circumstances. The Gestapo has arrived!
They’ve been here for some time. We claim to have a free society, but it’s far from it.
I like how the officer says he was focused on his hands for safety but didn’t remember the phone in his hand. Good judgement on this one.
And I think they remember very well there was a phone and they know they should not arrest the guy but better to say "no remember" becose maybe another officer say "yes I remember" and they go to jail instead.
@@robotpsychologist "I don't recall" is the go to line for when you don't want to state, on record, incriminating evidence against yourself in the capacity as a law enforcement officer.
@@robotpsychologist Do you remember what exactly you were doing a year and 10 months ago at work?
@@Xerou It's also something you say if you don't remember what routine work you were doing *exactly* a year and 10 months ago.
Parked car and a cell phone, how brave you cops were. I guess we should be thankful they didn't deploy spike strips or pit maneuver the parked car.
They don't recall if he had a cell phone in his hand, they were only interested in making sure he didn't have a weapon. If he had a phone in his hand, the officer would have to determine it was a phone, and not a weapon. So their memory of whether or not he had a phone in his hand should be crystal clear
NO HE WOULD HAVE DEMANDED HE DROP THE WEAPON AS SOON AS HE SHOT HIM.
Boomshakalaka RemyJackson for the win!!!
That is called convenient amnesia.
Only looking for weapons my ass! They shout out right away when they see my hash pipe in my hands.
Andy Ray 😂😂😂😂made my day
I saw the keys in the ignition.
Did you see what gear the car was in?
No I don't usually look at the car.
"I only look for weapons"
A cop can determine that there is no weapon in a persons hand without noticing what else is in the persons hand. /s More likely, strategically "forgetting" what was in the persons hand and deliberately not recording that information
I saw the keys only because keys resemble weapons so I saw them without seeing the “car” per-say.
LOL!
@@MistrDamige My same thought. In order to determine that what was in his hand was NOT a weapon, he'd HAVE to determine what WAS in his hand.
Imagine how many don’t fight these charges and just accept their fate and end up doing time and fines.
It's more often they cant afford to fight it, and a public defender works for the court and is useless.
@@davidbulak8583 you said perfectly. Cops know that a lot of people will just roll over either because they just don’t have the time or drive to fight it or just can’t afford to. To many sick cops out there anymore, I honestly don’t know how these corrupt heartless trash cops even live with themselves but apparently cops like this dip s**t will pat themselves on the back all day for job well done
Yes.. many ppl can’t afford to hire an attorney willing to go to trial. My partner’s public defender pretty much refused to go to trial, but he was so scared that he didn’t insist on a trial. He regrets it.
Because public defenders are overworked and underpaid and don't want to do their job and just throw the defendant under the bus because it's easier. Never trust a criminal record they are bogus.
Like me can't afford an attorney
Remember when a police officer says I don't remember or I don't recall that's a flat-out lie every time
The only thing this cop remembers is that he doesn't remember. Unless of course it strengthens his case.
“What was the charge?”
“Driving under the influence.”
“Was he driving?”
“No. But I’m just sure that he wanted to.”
Precrime division hard at work, find the minority report!
If it was false arrest, defendant can defend against assault with a deadly weapon and shoot the pig.
@@morganoverbay8783 Suggest you don’t follow this as legal advice.
I wish I was in his state. Not that I drink but still here in California you can be arrested just for being in the driver's seat while drunk, sleeping too.
@@morganoverbay8783 false arrest/detainment is usually decided in court, not by someone wielding a gun. You don't have any right to shoot anyone unless your life or someone elses life is in imminent danger. Some states also including protecting property, but not all. Know your rights and RESPONSIBILITIES when owning firearms. 2nd amendment does not give you any form of permission to shoot anyone, and certainly not for shooting cops. Especially for something that will be handled in court. Your statement/advice is a great way for people to die for nothing.
-Was he driving ?
-No
-Okay, and can you refresh my memory on why you arrested him ?
-Driving under the influence !
I remember in an episode of Scrubs it was made a point that having the key in the ignition turned on for battery use on a scooter and pushing it along the sidewalk while being intoxicated would in that particular state constitutes as driving under influence.
And while I do not claim Scrubs to be the be all and end all of legal accuracy, it is not inconceivable for the law to be constructed in such a way.
In Alberta, Canada if you have the keys in or around the vehicle while being in the vehicle (even to sleep it off) it is DUI unless you have a really good lawyer. So I have always hid my keys under my air filter (wont work on new vehicles with keyless ignition, mine still has an ignition key) but I'm sure every state down there has different laws just like up here each province has different laws.
@@joeshmow1583 How does that work with the new cars? Is just having the card(key) near the car while being drunk enough to be arrested for driving? Seeing as you now only need to push the button and not have to do the physical act of putting in the key and twisting it. Do you perhaps know this?
@@TheRumblemore if they can prove you have them in or near the vehicle and you are inside the cab no matter which seat it is considered a DUI our laws are extremely unfair and were changed to stop the people who were getting off multiple DUI charges because our old laws had so many loopholes. Although I do not ever condone drinking and driving, I feel these new laws lead you to either drive and risk it because sleeping it off in the back seat with the keys in my pocket because the penalty is the same. Yes lots of people have gotten off with good lawyers but that will run you around $10000can or $7000american which most people don't have so they lose.
@@TheRumblemore you cant be in the vehicle intoxicated.
The fact she may have found him guilty of resisting an illegal arrest if it was under review is equally shocking.
not really.
you don't know if the cops have a good reason or not to arrest you, they don't have to convince you that they do or not have a good reason.
once a cop tells you "you are under arrest", you should not resist. even if the arrest is illegal, you fight it in court, not on the street.
A court dismissing the charge doesn’t mean the arrest was unlawful. It means there was PC but this evidentiary hearing showed their was no likelihood of conviction for DUI.
@@eyallev yes, you should always give up your RIGHT to resist unlawful detainment because the person doing it is in uniform. Couldn't agree less.
@@KieranFoot
you don't know if the cop arresting you was given a warrant for your arrest because someone has reason to believe you are part of a drug cartel, or what ever.
or maybe you just have a few unpaid parking tickets that you forgot about.
if you are told you are under arrest, don't resist; it will NEVER end in your favor.
@@richvan2128
exactly. while it's dumb that the prosecution was saying "and he resisted arrest, which is a crime, so the arrest was legal"; thankfully, the judge dismissed the "evidence", so now the prosecution can't claim they had a reason for the arrest (but it did add an extra step the defense had needed to take, to have everything cleared out).
I don't recall seeing any case were a person was resisting arrest, and it worked out in his favor.
Funny how fast they show up for a DUI.
Imagine how long it would take them to arrive on a B&E
How did we let our police agencies get so far from what their intended purpose is
By voting in the same power hungry legislators over and over again, that's how.
Liberal left
Money! Their main purpose is to bring in fine money at any opportunity, not to protect and serve the community.
By not teaching civics in school, and evidently in no police academy, for officer safety, police are no longer our front line of defense from corrupt governments, foreign or domestic
The whole system in rotten. The police lie as routine and are encouraged to do so. They double down when they've abused innocent people's rights, then conspire to see what they can pin on them to justify an illegal arrest.
The courts met out injustice, they use legal vernacular to trick people like having "must" mean "may" and "understand" mean " stand under". So when asked if you understand and you answer yes, you have just consented to hand your rights over. It is deliberately meant to confuse and dupe. English is mixed with legalese without the knowledge of the person being spoken to. If fraud like that happens in the very institution that is supposed to insure fairness then that society is lost.
Attorney: “Seems to be difficult to get a yes/no answer out of you guys. Can I assume you won’t remember or recall anything that will help my client?”
Police: That’s affirmative.
It's so crooked that they just happen to "not remember" the phone. They just want to stick it to an innocent man. They should be fired.
I recently had court and I dealt with saaame thing...I had to keep objecting but judge time and time again allowed witness to answer irrelevant questions and ask me questions in which I continued to object
These officers go to court months or even years after the incident. Also they are under NO circumstances allowed to fill gaps in their story or lie. If you listen to officer testimony from court you’ll hear them say a ton that they don’t know or don’t remember.
Saying the quiet parts out loud, once again.
corruption proved!
This Attorney knowledge and attention to detail of every moment during the trial is astonishing. His pre hearing and case law work really shines, you could see how the prosecutor is so use to sweeping these DUIs and getting wins that he no longer really puts any effort into staying hungry for his wins, he was sloppy, acted lazy in his approach. The amazing part to this whole case was the crucial attention to the smaller details, cell phone, in hand, still parked, open tab, tokens. Slam dunk for an amazing Attorney! 👏👏🏆
This is what I thought too. He was like oh well I'm here. But at end he did stan up. With that big long as tie .
Yes, you are correct and i would love it if he would use my false arrest on my channel and critique it on his channel with his knowledge.
What's sickening is the state feeding itself on the wins. Every unlawful win is another loss for justice and less freedom for Americans.
This is not a trial, it's a suppression hearing. That is why it is informal, and probably why the ADA seems "lazy".
get this in your head: the lawyers win. They game the system for money. Both sides. working w/ each other..
Defence should ask cop if caller was a paid informant....
Ever notice how thier voice shakes when they are on the stand. Doesn't feel so good does it buddy. Some of us were telling the truth when we were in that spot and no one listened. Your turn
Michael Sunday I have noticed when a person lies their voice gets raspy....funny how he remembers things like his arms went stiff like a weight lifter....but important things he does not recall
@@ThePHYL might be true
@Mike Willett xD
Cops have to appear on the stand fairly often tho... it’s a large part of their job
@@jackytaly ya they need to show up even for speeding tickets, but someday they don't show up and if i were fighting a ticket you win it.
Doesn’t the “D” in DUI stand for Driving? Everyone agrees that he wasn’t driving. I am against driving under the influence, however that was clearly not the case in this situation.
For all we know he was calling a cab and keeping warm with his car running in January.
Got arrested for PUI jokers, wouldn't they have been a hero if they had said look buddy your drunk, turn off the car and sleep 8t off or if its OK with you allow us to drive you home cause we are here to serve and protect.
Erin B driveway constitutes private property,... you can be as fucked up as you want and drive on private property as long as you don’t enter the roadway
The United States of America has always been America. Persecution, oppression and murder of innocent people is what this nation was founded on. The principles of which society was established upon can not be abandoned. Mystery Babylon, your Queendom is falling.
H Y that’s very interesting.... I’ve never ever heard of it being applied to private property... but I’m sure that it may have happened
I was a city police officer and it is the officer’s responsibility to prepare themself to testify in court. This officer seemed very unprepared for this trial. The judge ruled correctly, in my opinion. I feel the appropriate charge might have been public intoxication, if anything at all. Anyone coming out of a bar will probably smell of an alcoholic beverage. Unless there was additional behavior that indicated intoxication, I don’t know if I would have looked to find an offense worthy of an arrest. Until the car is in gear and moving, he isn’t driving at all. Good case. Context and facts are always key.
Officers are always looking for things to arrest people for and they seem to get a kick out of it.
Yes that is there job every question they ask you is to entrap you.
If you are a hammer, everything else looks like a nail.
I've seen too many cops that have the attitude everyone is guilty, they just don't know of what, yet.
Apparently ther job is to bust you rather than help.
The cops should have just called him a cab
Judges see it everyday I'm sure. Cops under oath seem to have selective memory.
It's in this part of Miranda:
"Anything you say can and will be used AGAINST you in a court of law."
They don't have to present exculpatory evidence that will help you...that's what your lawyer does.
@@mattshaggs2931 The cops were sworn in, swearing to tell the truth but cant remember anything that helps the defendant but do remember small details that will hurt him. So obvious in this case, neither cop can remember a phone but wont say he never had 1 is the biggest
@@cornpop442 I know. Cops are on the stand to CONVICT you...not vindicate you.
Boomer Sooner that’s how the defence lawyer discredits them . Very good lawyer
@@mattshaggs2931 Indeed, but you can plea the 5th. You are not allowed select the testimony you like and change or alter the one you do not.
It's amazing the level of guilt Judges feel for dismissing cases where law enforcement officers are witnesses. The Judge really threw in the resisting arrest charge seemingly to appease the officers. Ideally there should be objectivity based on the law, but it's all one big fraternity and it's better to just avoid the Court system in general, justice is often sparingly served
That was the only thing that infuriated me in this whole video. How apologetic she was to them for not being able to do more. How about being more apologetic to the guy who didn't break the law for which he is accused off. Which inturn wouldn't have lead to him resisting arrest. Judge felt the need to lick their boots because she's in the same line off work
@@theofranko1699 In my state, Maryland, they would have dropped the resisting charge. In Maryland, you are permitted to resist an unlawful arrest.
They way she starts of the verdict with a bootlicking session says it all
yes, I thought that whole praising the cops while sitting in the bench was very unprofessional, and shows why video keep the cops from testalying as often as they do,
The whole system is crooked…
Why was Officer Carmen (who testified right after Officer Goldberg) allowed to "sit in the courtroom during Officer Goldberg's testimony"? Officer Carmen (being in the courtroom listening to his partners testimony) was CLEARLY in a position to ENHANCE / MODIFY HIS TESTIMONY (to ensure a CONVICTION) due to the fact that he HEARD THE TESTIMONY OF HIS PARTNER!
Witness's to a crime, not only MUST NOT BE ALLOWED TO DISCUSS THE SITUATION WITH OTHERS PRIOR TO THEIR APPEARANCE IN COURT AND TESTIMONY but cannot be privy to knowing what any other witness says -;at any given time. THIS MUST APPLY even moreso TO POLICE OFFICERS.
You know why. So they could have the same story. Thats why the 2nd officer repeated everything his partner said, word for word like a robot.
Funny how callers never appear as witnesses. Doesn't a man deserve to confront his accuser?
Erin B Not TOTALLY true. You CAN be CHARGED with a misdemeanor or even a FELONY for filing a false police report. However, you rarely ever hear of that happening. (I’ll be honest, I was 90% sure, but I googled it before I posted 😂). Also, if it was a false report AGAINST YOU, you can sue whoever filed the false report (also from google)
They could subpoena that info if they wanted to. The defense probably wouldn't on a typical basis since it's the prosecutions job to prove the defendant committed the crime they were charged with. There may not be much to gain by calling such a witness, especially because you aren't allowed to ask leading questions on direct examination.
I couldn't agree more
I think the "accuser" in that case would be the State, not the person reporting it to law enforcement since it's not the reporter of the alleged crime who is pressing charges.
Which is WHY the caller remained 'ANONYMOUS'. They get to nose their way into someone's business, yet, not be held accountable, should their report be proven false. It should be made unlawful to report a crime without identity. EXCEPT in the cases of sexual crimes against juveniles, imho.
One cop lies and the other swears to it....exactly what's wrong with this world!!!
In my opinion we have too many cops. Clean out the PD'S from top to bottom. Some of these cops need to lose their certification.
Thank you for everything you gave up to serve your country. What the law put you through is unacceptable. You kept your cool as most of us wouldn't. Cheers to you brother, and again thank you for risking your life to make our country better. I pray you never have a need again. You're a hero...
And we are paying them to lie against us, we live in a bizarre world.
Prosecutor: "Well we can speculate..."
Judge: "No, not really..."
Well considering he’s sitting in the front seat with the car running it wouldn’t be a far fetched idea the guy was thinking about driving. That’s why cops can get you for APC. He refused a breath test so he automatically pled guilty to a DUI. None of the arguments made mention of any of that. I’d say the prosecution needs to stick to his guns a little more. You don’t need intent to drive and that’s why the judge failed. The guy had actual physical control of the vehicle and could have driven away at any moment.
@@jch8044
You know that particular states laws? I'd be fairly confident to do the same in my state, knowing its laws regarding dui.
@jch8044 How is this a failure on the judges part if justice was properly served, based on current law and case law??
Jc H... He might have been sitting in his car and turned the engine on to warm himself up. I've done that. I think they arrested him too early. When he started to drive, then arrest him.
@@jch8044 are you say theguy had to freeze todeath wait for his friend
this jan. the middle of winter
all you are saying is if you go out drinking youmayas well drive home because you aregoing to get arrested any way
So he was arrested for a crime he didn't yet commit at the time of his arrest ? 🤔 His lawyer is badass
Definitely is a good lawyer. He got right into it. The prosecution on the other hand looked like he could just rely on his witness's and "his" version of how the law reads. He thought it wold be a slam dunk! The judge ruled it right, even if the guy was drunk, he was not driving. The vehicle never moved.
A simple explanation is; It was January and cold outside, He was in his car running with the heater on calling someone to come and pick him up.
If he cop was really interested in doing his job correctly and 'Legally" all he had to do was to wait and see if the guy moved the car. Had that happened, he would have been right. But, by being the over aggressive punk that he undoubtedly is, he jumped the proverbial gun and proceeded to make something out of nothing! The cop is a paid idiot!
@Cameron Grant lol. I hate to talk shit about ppl, especially to ppl who I do not know but since this is TH-cam n ppl do so all the time, I’m also gonna do so. But it looks like ur trying to say hi to a girl who In the picture looks to be someone who smokes crack. If I’m wrong than I should be forgiven bc it’s TH-cam. But if I’m not, I would say to u that ur taste n preference In the women u obviously find attractive is not really something I’d be quick to let other ppl see or know the type of girls that I like. Lol. But hey, if that’s ur cup of tea then I guess ur happiness is more
Important than opinions of ppl like myself who got shit tlking to say. N for that, u should defend what makes u happy n cuss the ppl who think otherwise to include myself out. So point taken. U got a free pass to cuss me out or to analyze my picture and find something In it and clown the fk outta me. Lol. See, I’m pretty fair and usually I’m pretty right who share opinions with all ppl and point out my suggestions to what’s right for everyone. Haha
@@michaelkruz2563 dude trying to hi. Are you actually "high" he replied to her comment. In a straight forward professional fashion. He was absolutely correct as well. If she looks like she smokes crack. You look like you shoot Herron and eat a bowl of cereal all day.
@@codyaustin4298 lmfao. My comment about clowning me was not for u but for the guy that I mentioned. Needless to say, u wanna clown on me about my pic but at least I got a pic of myself up and I have no problems or issues with my appearance at all. And at 5’9 and 164lbs, I’m not fat or skinny. I’m fit and well built bc I take care of my body and no, I don’t shoot heroin or eat cereal all day. Matter of fact. I don’t even eat cereal u butt hurt, shot taking with no reasons ass, no
Picture looking drag who probably ain’t got a pic bc ur self esteem is so low bc if u don’t u probably look like a person who shoots heroin themselves. And coming to think about it now, do u even know what someone looks like who’s on heroin? Obviously not bc the way I look anyone who grew up around fiends or crack heads and junky’s will be the first to say that I definitely ain’t on none of that. Bc my teeth, my body and personality says it loudly n proudly. But why am I even responding to ur comment? I don’t even know how u felt the urge to jump into a conversation that wasn’t even a conversation and had nothing to do with u. So I’ll say goodbye, happy holidays and I’ll continue to brush off my shoulders as I let the by-gones be by-gones.
@@michaelkruz2563 he literally responded to someone’s comment and you go on about looks and shit? I don’t get it but okay? Lol
I guess he gain all of that experience about muscle tension form wrestling with his boyfriend when they play with each other 😂😂😂😂
"It's a simple question, officer"
Yes or No.....well I......yes or no!! Lol
Johnny Dong that cop isn’t capable of answering complex questions.
Copsplaining shut down.
Harry Caray:
Hey, if you were a hot dog, and you were starving, would you eat yourself?
Colin Quinn:
I don't know.
Harry Caray:
Don't jerk me around, Norm, it's a simple question. A baby could answer it. If you were a hot dog, and you were starving, would you eat yourself?
Colin Quinn:
I guess so.
Harry Caray:
Oh, you made a wise choice, my friend.
Judge far to polite .
The second officer heard all of what the first officer stated in his testimony. He should have waited outside
Professional criminals are treated different than common criminals.
That's what I was thinking.
I was on a jury for a DUI case where the officer was not allowed in the courtroom except while he was on the stand.
@@matthewlorono that's how they do suspects. Officers should be no different when trying to get justice
Agreed they contaminated his testimony. If his testimony matched the other officer's without hearing it, it is more credible (though they stiff could have gone over it together prior).
Its called driving under the influence not parking under the influence.
Exactly - how can you be charged with "driving under the influence" if you WERE NOT DRIVING????
I Don't remember.... 🙄 I just caught Alzheimer's said that police officer
This shows in very impressive fashion how the validity of circumstantial evidence can be used to validate a Terry stop but not to lawfully arrest a person based solely on that circumstantial evidence and going from reasonably suspicion to probable cause based on such evidence can create many judicial conflicts.
Are you also traveling, not driving? 😂
@Rogeball PB Damn you, that is the only way us 7's can score a 10 girl...hammered.
This is actually the perfect case to show the prosecutor trying to cover up the bad cops actions
This is what happens when they try to "Minority Report" & arrest without witnessing a crime, & going solely off a caller's hunch or the "oracle's" (dispatcher's) report.
This is so scary that your entire life can be uprooted and ruined over a false arrest. And now this poor guy has to pay thousands and thousands of dollars to this attorney who's been working on this case for 3 years. Sad
Taxation is theft, and cops are dumb foot soldiers.
The arrest was in January 2017 and the video was dated November 2018, so not 3 years but still almost 2 years. He should have made a counter suit for the legal costs
@@jessschwarze8126 Case wasn't thrown out till 2020 though.
in Iceland, the state pays for your lawyer if you beat a charge
@@StanleyKubick1i love that country and now i like it more
I am fighting a dui case in state of Oregon .. my car was parked for over 4 hours , I had 4 beers and fall asleep , keys were not in ignition , police came arrested me for driving under the influence.. I wasn’t , I told the cops I had few beers in my car and I was gonna sleep and drive back in the morning and now fighting for my life and career .. please wish me a good luck , I am not a bad person , never meant to drink and drive 😢
Good luck. Hire a great lawyer or you will get jammed up. It pays to get the best
😂 fucking moron
Lol what the hell
everything gonna be ok, good luck
Good luck!! Hope ya get a good lawyer like this DUI lawyer.
They were checking for weapons, yet they didn’t notice his phone in his hand. What a load of BS
Had an officer stop me out on a rural road recently. He claimed I slowed down at the stop sign but didn’t stop. Now he waited 2 miles to stop me from when he said I did this. Now in that distance he did not do anything about the guy in the truck who backed out of the rural driveway and I had to swerve around. He kept trying to get me to say I didn’t stop. Then when I went for my registration he looked in and saw my dash camera. UHHHOHHHH he decided just to warn me then. I worked for ten years as a sheriff 30 years ago. Ten years in the military. Not a criminal and only ever had one speeding ticket in 40 years. But I still cover my ass especially now days
Sad but true. Thanks for the insight and perspective
Maybe he should have been arrested for drinking and driving he can't remember anything, every answer is I can't recall, if you're looking for a weapon you had to look at his hands.
The State Police have definitely Changed Against citizens. You see how the State Police Regulation Manual and employment duties have changed from 1993 to 2021 and it should be alarming to every driver!!
@@eyeswideopen4628 what do I need to weary of Im a new driver. And I can just look this up?
I had a cop stop me for speeding once(I was). I had an excuse but he didn't buy it. I said that's fine i have a dash cam that will back me up. It was a huge bluff but it worked. It was just enough for him to question his own judgement.
Great job. I want to add the charge is DUI. DRIVING under the influence. Both officers said they never saw him driving. Way to go attorney and judge!
@Erin B Actual Physical Control is the latest trend. Drunk in the driver's seat? Boom
@Erin B BECAUSE we are a nation run by CROOKS,How does one know what another,s intention is?
@H Y STATUTE ARE NOT LAWS,keep that in mind,once challenged by a competent ATTORNEY,not a LAWYER,the judge have no choice but to drop the charge.
The second officer testified: "It is like the first officer said". Why is he allowed in the court room as the first witness testifies? And the selective memory (identical by both officers) reeks of collusion.
In the UK the witnesses are not allowed into the court to hear previously given evidence. This is to stop them using hearsay to influence their evidence or to support previously given evidence.
The defense council should have immediately objected to this. He dropped the ball.
@@Brightstarlivesteam they arent allowed in the U.S either. Things are extremely one sided. The prosecution usually gets their every wish.
I also have a query about the police jurisdiction in a private car park. If it was on the road then maybe but in a private car park?
I’m guessing that because this wasn’t the trial but a suppression hearing the rules are different.
"The Overwhelming Odor of Alcoholic Beverage" 😂😂🤔🤔 Fu$king HILARIOUS.
This situation almost happened with me. I had 2 extra beers with a friend and food took longer to be served. I felt I should not be driving, but went to my car, it was freezing outside and turned the car for heating only and decided to just stay there for a couple of hours. I had work to finish. I noticed someone in the phone and looking to me. I'm a skeptical individual and didn't like the look of the guy. So, decided to turn off the card and went inside the restaurant and order a soda, a coffee and turn on my PC. For my not that surprise at all a police car showed up outside in like 10 minutes. They probably noticed they could not see any crime been committed and drove off. So, kind of weird I almost got a SUI "Sitting under the influence".
Thank you for that story. Damn a DUI in AZ can ruin your life. I have a DUI HANDBOOK written by a legal team that explores all aspects of defending a person arrested for drunk driving . Very interesting law specialty.
We need more people like the DUI guy. He is a great attorney.
The only things I remember are things that make the man look guilty.
Frank Townsend exactly
I want you to get in you car, start it up, and then sit there for 4 minutes. You will see that 4 minutes of sitting there seems like an eternity. If someone was intent on driving away, they wouldnt sit their for 4 minutes. Listening to the officers answer the prosecutors questions was like reading a book. They say all the right things. I wonder if they get the handbook on what words to use for DUI arrests. They rarely couldnt remember when prosecutor asked questions. Seemed like the only thing they remebered when defense attorney asked questions was the fact the defendant said he wasnt driving. Everything else was I do not recall.
Did he have a seat belt on?
reid1boys so you have never started up your car picked a song , texted someone , or just in general used your phone before driving off ?? Now come on you sound crazy , we’re talking about not even 5 minutes
Haha. Right!? Perfect recollection of damning evidence, but very foggy memory of anything else. Ha! What a joke.
When I eat my cereal in the morning I have a tactical approach, I'm trained to keep my spoon at a near 15 degree angle as my right hand is my primary conductor of my commando gear....
V- knights Lol funny 😂😂😂
Lmao!! From my training at the academy!!!
💀🤣🤣
This can be observed from your position in your chair, which has a direct birds eye view of your bowl of cereal.
The vehicle was parked on private property. They would have had to pull him over on public right of way.
The cop's only defense is "I don't remember."
He admitted that he NEVER saw the vehicle move! So.... How does he come up with DUI? My brain is short circuiting!
In some states you can be charged if you have “possession of the vehicle” meaning have Keys on your body and in the vehicle. People have been convicted for being asleep in the back seat of a car that was not turned on.
@@johnr1350 I thought keys had to be in the ignition. Being in your pocket shouldn't indicate intent to drive.
@@MunchinOnDew depends on the state. But I would agree with you. I'd go even further and say even if the car was running but Noone in the driver's seat it shouldn't be an issue. Think someone turning on the heat but sitting in the back to keep from freezing on a cold night, but knowing they were not in shape to drive.
@@MunchinOnDew You're wrong. I guess you have to put the keys outside of your car.
@@crand20033 that's fucked up.
It seems odd that they are able to remember some things in such detail but have no memory at all of others. Makes me suspect there might be lies told under oath.
You also have to keep in mind though that this happened at least a year and a half before, I believe it was. No way you’re gonna remember everything, and there’s no real reason for a suppression hearing or a trial to take that long. It should be a year max, not years to put a case to rest from arrest to trial (if the charges aren’t dismissed/dropped or a guilty plea taken). It’s also good now that cops wear body cams and it’s something every patrol officer should have to wear, that way it could be used in trial by both sides and show the jury and judge what really happened with crystal clear clarity.
But he had such a good memory of what benefits his case. And only what benefits his case.
@@DeplorableGames partially anyway. There’s a lot he didn’t “remember” that could’ve made their case stronger. What he did remember wasn’t much for the people to act on, intent to drive is all speculation, as he was in the car with it running in January where’s it cold, and obviously wasn’t in drive or reverse.
@jlf13766 agreed. And the fact that he still tried to give the guy a dui furthers my suspicion that he was being selective with his memory.
@@DeplorableGames of course, it’s also why you read over the report and citation before you go testify, to refresh your memory as you’re not gonna remember everything, especially not every arrest as they make a lot I’m sure. It’s also why you write a lot of details in your report, that way you can have a stronger case. It’s what I always did, and I’ve testified numerous times in jury trials and before grand juries (which is always easier, as there’s no defense attorney cross examining you, the prosecutor runs the show).
When cops forget their oath, decency and ethics and cruise for revenue through fines and meeting quota. Despicable.
The officers answered a call as required. Instead of finding him sitting in the car they could have encountered him on the road having caused a fatal accident had he driven. An off duty officer often shows up to court in street clothes. In this case the judge ruled correctly. The man went to his car, turned it on to keep warm while he made a phone call. Great job DUI guy!
Despicable comment about things you have no knowledge of. If quota are involved, it's the chief or very likely some politician who instated these quota. You need to complain with them, not the cops.
This is why they all should have body cameras. For the things they "don't remember".
I love how you could see how cocky the first cop was and the more and more the case went on and it wasn't looking good for him, you could see that cocky smirk on his face start to slowly disappear! 😂
Fr. It’s satisfying to watch people who think they are the most intelligent in the room slowly realize their brain barely functions
I loved seeing that smart ass cop be dropped down a peg by the judge decision. I hate to think of the people that got burned by this bad cop,he will hurt or kill someone very soon if he keeps his job and everyone in that courtroom knows this my his actions.
😂🤣
He is a classic narcissist
Just a punchable face.
So the judge admits the officers had no reason to arrest him - yet still charges the citizen who SHOULDN’T HAVE BEEN ARRESTED with resisting the arrest that should not have taken place?! 😂
“How dare you stand up for yourself when you are being arrested for nothing!! Here’s a ticket!!” What a joke. 🤦🏻♀️
Exactly
She only said there is probable cause, not that he is guilty.
@Chip Dayton is wrong, with the dui tossed. There is no grounds for an arrest. You can resist an illegal arrest. Resisting arrest is a secondary charge.
@@markrankin2954 I didn't say she was right, I said that she said there is probable cause. RIF
Supreme Court ruled you have no right to determine if the arrest is lawful or not. That’s for the court yo decide. So resisting is a valid charge.
Anonymous call my ass, it is very common in the south ( I live in Georgia ) for the police to stake out local bars, and then try to arrest people as soon as they get in their car for intoxication. Thankfully, this judge saw through that.
Exactly.
Cops do the same in illinois. Funny thing is when they stalk a vehicle and pull it over for suspected dui just to find out their claim was false bc the driver drank water all nite and the passengers were the shitfaced ones
MA is like this too. They think anyone out late at night is drunk. MA is also very against guns, and any DUI conviction here bars you federally for life from getting a gun license. Hmmmm
Actually no they had a call and they are recorded. That's not really the issue anyway.
What's the problem with cops arresting drunk driver as they leave the place where they got drunk? Did you think they should wait until after they kill someone to make an arrest?
out here in california also!
She just violated his rights … by thanking the cops …
This is where qualified immunity needs to be thrown out the door. These cops knew they didn't have anything but arrested the guy anyhow. Now he has to spend money on a lawyer and go before the court to plead his case. He should be able to sue them.
There are no more good cops left. .
The sooner everyone realizes that they are NOT there to "Protect and Serve". .. ( Unless it's to protect their "thin blue line" or to serve their inflated egos. . )
They are there to further the interests and profits of big business and Corporations. . .
They are there to serve the greedy and selfish needs of corrupt Politicians and elected officials and to RAISE REVENUE for the City or State.
They don't give flying f**k about LAW, or the Constitution, or the Bill Of Rights or the needs of the Citizens. .
They are just overpaid arrogant and ignorant thugs in clown outfits, carrying guns.
EVERY time you interact with them. . REMEMBER that. . . They are there to hem you up for something - anything. .
They are NOT YOUR FRIEND!
And with qualified immunity, when they DO F**K up there is ZERO monetary penalty to THEM!
It's the poor bastards in the *community they are supposed to SERVE* who wind up footing the bill.
No incentive for the cop to EVER change his behaviour, because there is ZERO consequence of their actions. .
@@PlasmaStorm73-N5EVV Then he can pursue the case without legal representation. It's an easy out. No counsel should be solicited.
@@KnowTrentTimoy Bro, never stand in front of a judge without a professional next to you.
@@KnowTrentTimoy very risky attempting to represent yourself. Its doable, but youre risking essentially your future on your comprehension of law which requires years of schooling testing, and then more years of schooling to understand and articulate. Not just that, you need more than the knowledge, you need to understand the etiquette youll be expected to respect aswell as the social skills and ability to manipulate and extrapolate information from subjects that expect and are prepared for exactly that.
@@joshhill4903, if you are the plaintiff in a lawsuit why would it be risky? I’m generally curious because I figured the worst that could happen was you lose the lawsuit. I guess you could have to pay the court fees?
I love how the judge had to stroke the cops ego’s prior to giving her decision. Obviously didn’t want to get a retaliatory arrest in her future.
It’s concerning how the courts, prosecutors and police work hand on hand. It’s a legal system not a justice system, unfortunately.
Did he file a lawsuit