August 12th, 2014

Utah Cops Arrest Teen for Recording, Judge then Orders Teen to Admit Guilt before Trial 209

By Carlos Miller

For 40 minutes, Utah resident Bryce Weber noticed the cop sitting in an unmarked car parked in front of his home Saturday, so he decided to step outside with a camera to make some inquiries, thinking the cop was surveilling his home for some reason.

Realizing he was being approached, Woods Cross City police officer Ryan Lundquist stepped out the car in full uniform to greet him.

When Weber asked what he was doing, Lundquist said it didn’t concern him, then asked for his name, which Weber declined to provide.

“It doesn’t matter, I know who you are anyway,” Lundquist replied before getting back into his car.

The cop then rolled down the window and accused Weber of “interfering with what I’m about to do.”

Weber, 19, who is on felony probation from a previous arrest involving $50 worth of marijuana which we will discuss below, then stepped onto the sidewalk and continued recording, prompting Lundquist to step back out of his car again.

This time, he brought up the old “officer safety” excuse that cops believe trumps the Constitution.

“You have the right to film from a public sidewalk but when you start to compromise my safety and yours, I’ve got a problem,” the cop said. “You need to return to your home because your safety is going to be in trouble as well as mine because you’re standing right here.”

Weber insisted he wasn’t compromising the officer’s safety by recording, but offered to move down the sidewalk, again asserting his right to document police from a public space.

But the cop insisted that would still be interfering.

“You don’t know what I’m about to do and you’re going to be interfering with my investigation, so if you do want to get arrested, I will get you out of the way where you’ll be safe  and that will be jail,” Lundquist threatened.

Weber asked for a sergeant in the hopes to clear up the misconception about the laws on interfering, which require a person to physically interfere or to refuse a lawful order, which would not include refusing to go back inside his home when there is no evidence of danger in the area.

“You’re about to be in our way if you don’t return to your house, I will arrest you right now,” the cops said. “Go back to your house.”

Another cop arrived, not a sergeant, who asserted that Weber was guilty of impeding an investigation and disorderly conduct, the latter for not following “lawful orders.”

But ordering somebody to go back into their home because they are recording is not a lawful order as we learned from the Emily Good case in Rochester, New York in 2011.

It would be different, perhaps, if there was a standoff situation with a potential for a violent shootout while some jackass insists on standing in the line of fire (at least in Florida, which I learned while researching my appeal a few years ago).

But that was not the case here.

“You are holding us up from what we’re about to do because we’re dealing with you, somebody’s life could be in jeopardy right now, so you better move your butt or you’re going to go in my car right now,” Lundquist said.

“Move along!”

Weber agreed to walk across the street, but insisted he was going to continue recording.

And that seemed to satisfy the cops at first, who proceeded to lock their car doors and make their way to the home to investigate this alleged life threatening situation.

But Lundquist continued to allow himself to be distracted by Weber and his camera.

“As long as you’re here, we can’t do our job,” Lundquist shouted from across the street before crossing the street and confronting Weber again, accusing him of standing in his way.

“You’re just really getting in our way and we have somebody’s life in jeopardy right now and we can’t check on them because of you.”

Weber ended up in handcuffs, his phone stripped from him, forced to sit in the back of the car for 40 minutes.

So what exactly were these cops investigating where safety was such a factor they needed to clear the entire block of citizens?

From Weber’s understanding, it stemmed from an incident on the previous Tuesday where a neighbor called police to report a case of possible domestic abuse within the adjoining duplex unit.

When cops arrived, they learned it was only a couple having a loud argument, so they left without making any arrests.

Five days later, it appears as if the neighbor called police again because there was no activity inside the home. Or perhaps cops were just doing a welfare check.

But somehow cops were led to believe something sinister had taken place in the house, which is why one officer sat in his car for 40 minutes waiting for a second cop to arrive before approaching the residence.

It appears that they knocked and received no answer, so they entered the home, but found nothing amiss.

It turns out, the couple had left town on vacation.

Nevertheless, they cited Weber for disorderly conduct and released him, which complicates matters for him because he is already on probation for another arrest from more than a year ago where a cop from the Bountiful Police Department had him handcuffed in the back of the car for possession of $50 worth of marijuana.

During this detainment, Weber received a phone call from a friend, so the cop answered the phone, impersonating his voice. The person calling was wondering if Weber could obtain some marijuana for him, so the cop told the person to meet him at a local high school to make the transaction.

Although the transaction never took place, this enabled Bountiful police to charge Weber with felony possession of marijuana with the intent to distribute because the cop had set up the deal within 1,000 feet of a school.

The fact that the cop answered Weber’s phone as well as set up the transaction at the school seems extremely unconstitutional and entrapping.

But Weber said he was unable to afford a lawyer, so he had to rely on a public defender whom he had no confidence in, which is why he pleaded guilty and was placed on probation.

JMorris

John R. Morris

However, ever since he posted his video on Facebook on Saturday, his probation officer and the judge are extremely disappointed in him. In fact, the judge, Thomas L. Kay  John R. Morris of the Second District Court in Utah, informed Weber that he needs to edit his video to admit he was wrong as well as admit he is a felon.

This is how Weber explained it in a Facebook message:

They didn’t really give me reason. They didn’t tell me I had to delete it per se,  but they told me that I must edit the video and admit that I am a felon. Admit that I shouldn’t have been filming the police. Admit I was disrupting the officer. Admit I placed our safety in jeopardy. Also I must meet with the county prosecutor to address what I must edit and say

This is extremely alarming because the judge is essentially demanding Weber admit to guilt before he has even had a chance to enter a plea when the Fifth Amendment allows us to maintain our innocence even after we are convicted.

I know this very well because this one of the arguments I used during my appeal a few years ago, which reversed a resisting arrest conviction where the courts then chose not to refile the case.

In my case, the judge gave me a harsher sentence than sought by the prosecutor because he was “shocked” at my “lack of remorse.” But I will never feel remorse for photographing cops in public and neither should Weber.

While it’s true that probationers generally have less rights than non-probationers, a judge in California last week ruled that probationers have the right to record cops within their homes as well as outside their homes.

From last week’s decision:

The location of where the video recording was being made was plaintiff’s place of residence. If a plaintiff has a clearly established constitutional right to record from a public place where the plaintiff has the lawful right to be, a plaintiff surely has such a right in his or her home. There simply is no principled basis upon which to find that although the right to record officers conducting their official duties only extends to duties performed in public, the right does not extend to those performed in a private residence. The public’s interest in ensuring that police officers properly carry out their duties and do not abuse the authority bestowed on them by society does not cease once they enter the private residence of a citizen. To the contrary, there appears to be an even greater interest for such recordings when a police officer’s actions are shielded from the public’s view. Further, there is no reason to believe that plaintiff’s status as a probationer would diminish the public’s interest in how police exercise their authority in a private citizen’s home.

Weber said he will not edit his post until he meets with a defense attorney. He is also seeking a civil attorney to file suit against both departments.

However, a probation violation can land him in prison for up to five years, so he needs all the help he can get.

*****

For those of you interested in reading my appeal brief and the ensuing arguments between the prosecutor and myself as well as the final decision stemming from my 2007 arrest, the one that led to the launching of this blog where I was acquitted of all charges except resisting arrest without violence, click on the following links from the top down.

Carlos Miller’s appeal for resisting arrest conviction

State Attorney’s Answer Brief to Carlos Miller’s Appeal

Carlos Miller’s reply brief to State Attorney’s answer brief

Final Decision by Appellate Court Reversing Conviction


Send stories, tips and videos to Carlos Miller.
  • Jim Holmes

    First of all, this kid is dumber than dried cheese.
    He is on probation for a Felony and as such can be picked up 24/7 and thrown back into jail for most any reason the PO wants to try.
    Second, he is in Utah – home of Morons.
    Anyone who ‘asserts their rights’ while on probation is asking for trouble. Doesn’t make the cops right, just reinforces this kid is a brainless fool who will end up doing time in Prison if he keeps it up. He is in a State where a $125 bad check can get you five years in the State Pen.
    He can expect little sympathy from the populace who are generally a clannish religious group dumb enough to believe American Indians descend from Israelites. Very cop oriented and even more Anti-Drug than you find most places – he is a convicted drug user.
    It won’t turn out well for him if he pushes it.

    • Sman88

      Spoken like a true asshole!!!!!!! Blame him.

    • rust

      hey, a shit for brains cop-sucker! Look everyone!

    • quadeddie

      Let me guess Jim, you’re a Utah resident when you’re not acting as a troll on the internet.

      • http://fiol.us/ Freedom in our lifetime!

        Obviously not if that’s how he thinks Utah is.

    • Guest

      “First of all, this kid is dumber than dried cheese.”

      Sometimes it’s hard to tell the difference between being dumb and being brave. Sometimes there isn’t much difference.

    • JayBone

      >”Anyone who ‘asserts their rights’ while on probation is asking for trouble. Doesn’t make the cops right, just reinforces this kid is a brainless fool who will end up doing time in Prison if he keeps it up. ”

      This is the whole problem with police accountability right here. Essentially what you’re saying is that it doesn’t matter if the guy doesn’t break the law or that he acts well within his rights, the police are going to fuck with him regardless.

    • Linda Pruitt

      You’re smart..lol..its true what u said. ..hilarious. .and stupid how they act…the morons…that is

    • NJHC

      They need to make a laptop where you can hold the crayon in your fist when you try to write.

    • Monica Leskovsky

      What the hell is wrong with you? He’s not stupid for asserting his rights! The cops are 100% in the wrong here, and nothing is going to change if we keep letting them get away with it.

      We need cameras on all active duty police officers in the field at all times, and any time those cameras conveniently “malfunction” while performing police actions extremely close investigation must take place to determine if the police infringed on anyone’s rights. Being accused of a crime *does not* mean the police can do anything they want to you. It *does not* preclude your Constitutional rights. These armed thugs in uniform must be brought back into line.

      • Zachery Weichel

        Except (while it wasn’t true) the cop implied that the situation was about to become dangerous. Which would mean he was disobeying a lawful order, since in the above article it mentions that you are obligated to follow an officer’s orders if you are in a life-threatening situation. Sure, come to find out nothing had happened, but it seemed like the cop fully expected there to be a murderer in the home. Plenty of reason to go back to your own house, right?

        • Pizzy

          And I’d like to add, Zach, There should be no need for an officer to explain himself in detail when in the middle of performing his duties. If you really have an issue with him sitting in front of your house, make contact, acknowledge that he is busy right now, ask for his badge and ask if he can speak with you when he is done with his current function. May not go text-book perfect, but it’s better than throwing a camera in someone’s face and demanding information, and then walking a few yards away and standing there bringing attention to the officer who is performing his duties.

          • Mike

            Thank god someone knows how to handle thr situation here.

        • disqus_IK4JLhzYdo

          If the situation was about to become dangerous, they wouldnt have waited 40 minutes to go in. Or, if they did, whatever tragedy that might have occurred is on them and needs to be documented.

    • http://fiol.us/ Freedom in our lifetime!

      You are very ignorant about Utah culture.

    • Mike

      You’re a fuckin douchebag

    • Georgie Boy

      Yup, we should all cower in fear of the oppressors. Boot licker.

    • Rail Car Fan

      “Jim Holmes” said in part…

      “Second, he is in Utah – home of Morons.”

      Ahhh, and you’re above point was… WHAT..!..?

      And as to your next statement…

      “He can expect little sympathy from the populace who are generally a clannish religious group dumb enough to believe American Indians descend from Israelites.”

      You obviously have a Phd in Theology with a Divinity Doctorate Degree to make the above comments.

      With your many years of expertise in this subject, those of us here would be pleased if you could enlighten us as to your vast knowledge of the above in which you came to the conclusion that you did.

      Rail Car Fan

      • disqus_IK4JLhzYdo

        Amen! ;)

  • dundy12

    I’m sure the ACLU will help the guy out. Oh wait, he is white, heterosexual, non muslim and a legal citizen. Nevermind. The ACLU isn’t interested.

    • Shane Selman

      That’s the kind of blinkered, philistine pig ignorance I’ve come to expect from you non-thinking types. Why don’t you go read about the ACLU somewhere other than Faux news and Reason magazine. You’ll no doubt be quite surprised to discover just how many white, heterosexual, non muslim ( and non athiest!!) citizens they also defend on a regular basis.

      – With apologies to John Cleese.

      • Pragmatic Liberaltarian

        I’m a fan of the ACLU and Reason magazine!

      • Jeff89

        Until the ACLU stands up for all amendments, I have no reason to believe they really stand for civil liberties. Why don’t they defend people who are open carrying and abused by the police? Why do they have a statement on their website supporting the complete ban of handguns even though Heller vs DC says they’re a constitutionally protected right?

        • jonquimbly

          So if ACLU stands up for civil liberties they believe in, but not the ones you support, they don’t “really stand for civil liberties?” That’s cockeyed.

          ACLU is free to choose whatever issues they want to support, just like NRA. They’re both non-profit advocacy orgs with *specific missions*.

          The number one issue they work on is First Amendment, far as I’m concerned, especially photographer’s rights. So they’re doing things important and necessary to *your rights*.

          https://www.aclu.org/free-speech

          • Rail Car Fan

            “Jon Quimbly”…

            It sounds like you’re all for some of our constitutional and human rights, but not others.

            So tell us… which ones do you think we need to get rid of?

            Rail Car Fan

          • jonquimbly

            That’s good, RCF, the ad hominem attack.

            You got no idea what rights and issues matter to me, and it’s pretty clear you’d rather attack than discuss. Have fun playing by yourself.

      • dundy12

        Please post on this website when the ACLU comes to help out the person in this article.

      • JakeFromStateFarm

        Here’s a piece where Reason interviewed someone from the ACLU. It seems to be a pretty good piece, unbiased and the like.. I don’t see why you’re lumping Reason with Fox.. Ohh wait, that’s right because it doesn’t conform to your world view…
        Dumbass.

        http://reason.com/archives/1994/10/01/life-liberty-and-the-aclu

        • Shane Selman

          Because Reason also claims to be “rational”, but still posts headlines like this that ignore the actual content of the study in order to draw a conclusion that fits their editorial agenda. :

          http://reason.com/blog/2014/07/22/socialists-are-cheaters-says-new-study

          The study actually looks at people raised in East Germany. East Germany was a thoroughly corrupt authoritarian police state. The study shows a completely rational and well documented reaction to those conditions. “Socialism” doesn’t enter the equation. If it did, the results would be reproducible in northern european countries like Sweden, Denmark and Finland where the societies have deeply entrenched genuine socialist policies … and they aren’t. In fact, they are routinely among the LEAST likely to engage in such behaviors.

          Moron.

      • George

        ACLU Absolutely Communist Liberal un-American.
        Basically its the jews legal hit squad. White boys
        certainly need not apply.

        • OneEarthling
        • Shane Selman

          You do realize that jews are white, don’t you? As for the rest, if bumper sticker logic sloganeering is the best you can do then you have nothing else to offer the discussion.

          • George

            No jews are not white. They are turkic mongol crossbreeds.
            They consider themselves a separate race.

          • jcfromnj

            Technically no. They would be considered Asiatic in origin. Western European stock is consider “Caucasian”
            That was considered the distinction in early times before all this Politically and Ethnic Correct re-writing of history began.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Actually, Caucasian was believed to consist of three subgroups, Aryan, Semitic, and Hamitic. Semitic includes both Jews and Arabs. So technically, yes they are Caucasian, but no, they are not Aryan.

    • n4zhg

      Popehat might help.

    • Matt

      The ACLU has literally represented the KKK because they understand that freedom of speech is precious, no matter how unpopular or even repugnant the content of that speech may be.

  • Guest

    ““You don’t know what I’m about to do and you’re going to be interfering with my investigation, so if you do want to get arrested, I will get you out of the way where you’ll be safe and that will be jail,” Lundquist threatened.”

    Traitor.

    ““You’re about to be in our way if you don’t return to your house, I will arrest you right now,” the cops said. “Go back to your house.””

    Traitor.

    “Another cop arrived, not a sergeant, who asserted that Weber was guilty of impeding an investigation and disorderly conduct, the latter for not following “lawful orders.””

    Traitor.

    ““You are holding us up from what we’re about to do because we’re dealing with you, somebody’s life could be in jeopardy right now, so you better move your butt or you’re going to go in my car right now,” Lundquist said.”

    Traitor.

    “Weber ended up in handcuffs, his phone stripped from him, forced to sit in the back of the car for 40 minutes.”

    Traitor.

    “During this detainment, Weber received a phone call from a friend, so the cop answered the phone, impersonating his voice. The person calling was wondering if Weber could obtain some marijuana for him, so the cop told the person to meet him at a local high school to make the transaction.”

    Traitor.

    “Although the transaction never took place, this enabled Bountiful police to charge Weber with felony possession of marijuana with the intent to distribute because the cop had set up the deal within 1,000 feet of a school.The fact that the cop answered Weber’s phone as well as set up the transaction at the school seems extremely unconstitutional and entrapping.”

    Traitors.

    “However, ever since he posted his video on Facebook on Saturday, his probation officer and the judge are extremely disappointed in him. In fact, the judge, Thomas L. Kay of the Second District Court in Utah, informed Weber that he needs to edit his video to admit he was wrong as well as admit he is a felon.This is how Weber explained it in a Facebook message:

    They didn’t really give me reason. They didn’t tell me I had to delete it per se, but they told me that I must edit the video and admit that I am a felon. Admit that I shouldn’t have been filming the police. Admit I was disrupting the officer. Admit I placed our safety in jeopardy. Also I must meet with the county prosecutor to address what I must edit and say

    This is extremely alarming because the judge is essentially demanding Weber admit to guilt before he has even had a chance to enter a plea when the Fifth Amendment allows us to maintain our innocence even after we are convicted.”

    Judge Thomas L. Kay is the biggest traitor in this story.

    • Pragmatic Liberaltarian

      Do you have a macro for “traitor”?

      • ENTWAFFNUNGDERGESTAPO!

        that would take all the fun out of it

      • Drako Marley

        Traitor.

        “Do you have a macro for “traitor”?”

    • Pizzy

      If the cop was at my house because a neighbor who heard my wife and I arguing called the police, I would hope that he wouldn’t explain in detail why he was there to any jerk with a camera in their hand. Take the camera out of this scenario and the guy was just another prick with an attitude problem..

      • Monica Leskovsky

        Perhaps you missed the part where he completely quit asking what the cop was doing when the cop said it wasn’t his business? He has the right to record police in public. Asking a police officer why they’ve been in front of your house for a half hour is not displaying an attitude problem, and refusing to quit recording when you are fully within the law is also not having a bad attitude. People like you are part of the reason why cops get away with their bullshit.

        • Khan

          in the last scene of the video, The idiot decided to say something to them as they were almost gone, had to get the last word in and that’s when they decided to cross the street and engage. They knew he was on probation, and immediately knew they could intimidate him. He was already at a disadvantage, so “discretion is the better form of valor” would apply in this situation.

          If he wanted to film , then film -but no, the kid wanted a fight and got one. He could have documented then entire scene without saying a word to them, walked back in the house and smoked another bowl while he was uploading his catch of the day super news scoop of Cops On Location My Street – all of which turned out to be nothing worth filming to begin with.

    • disqus_IK4JLhzYdo

      Cops should not be allowed to lie to make arrests or get convictions. If they have to make their case by lying &/or entrapping someone, there’s not enough of a case. Example: Ryan Ferguson/Charles Erickson murder trial in Columbia MO.

  • benanov

    Holy shit get that dude over to Popehat.

  • Christopher Shepard

    I tried to call for the PIO, but apparently the Woods Cross Police Department is closed after 5PM.

    I guess I will try again during normal business hours…(801)-292-4422

  • F0cka w0cka MANG

    felony probation for 50$ in buds? I got ACOD for a god damn Q in NY

    • Cliffey Trembling

      The war on drugs is a racket to fill the prison system. Prisons are factories. They make soap, T-shirts, converse All stars, office furniture. Guess who builds these prisons? The Rockefeller family. People like that. Life in prison for drugs and murder 6 years, to 15.

    • Wandering_Bard

      In NY, possession under an ounce is a civil citation.

      Marijuana hasn’t been decriminalized in Utah. Possession alone can get you 3 years, if the judge feels like making an example out of you.

      No, Utah prefers their socially acceptable prescription pain killers, and addictions to plastic surgery and porn.

      • Jim Holmes

        Possession with ‘intent to sell’.
        The Utards go after this big time. This kid KNOWS it as he has been convicted and is on formal probation.
        If he doesn’t watch out he will be ‘violated’ on Probation and slammed into custody for the full time of his sentence. Probationers have signed away many of their rights. They are under a completely different set of rules from normal citizens. Depending on the Probation Officer with AP&P(Adult Probation and Parole) he can be ‘violated’ and dumped into the nearest jail for 6 weeks waiting for a hearing. Not a damn thing he can do about it as he agreed to the rules to avoid serving the full sentence.
        That is why I say he is stupid for pushing things. He knows the score and still insists on pushing things. That is dumb, dumb, dumb!

        • Vigilantis

          Why don’t you admit to being a traitorous (scumbag) cop;who hates the Bill of Rights.

          • Jim Holmes

            You don’t seem to understand the difference in ‘right/wrong’ and ‘legal/illegal’.
            What he did was illegal – possession with intent within 1,000 feet of a school in Utah. Right/wrong or whatnot has nothing to do with it.
            The fact he was pushing the envelope while a Convicted Felon on PROBATION shows he is very stupid.

          • Vigilantis

            You also seem to forget that just because something is a law, doesn’t make it right.
            Slavery at one time was completely legal and I would bet based on your response that you would have supported it.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Oh cool, the holier-than-thou fallacy.

            Tell me, are you a Christian, and if so, is the Bible the inerrant word of God? There’s a point to this.

          • Vigilantis

            Oh great! More replies from the one who thinks he’s in law school.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Yeah, I didn’t think you would have the integrity or courage to answer those simple questions.

            Thanks for playing.

          • Vigilantis

            Sorry slick, but people of your caliber (or lack thereof) are not worthy of my time.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            LOL, yet you keep answering. You just don’t have the moral conviction or courage to answer simple questions after you strike out on a logical fallacy.

        • disqus_IK4JLhzYdo

          If the cops werent watching him, why did the know he was on probation?

    • Monica Leskovsky

      I had my life damn near destroyed- multiple felonies, since it was $25 twice- for the same amount in Oklahoma. Marijuana laws, hell drug laws in general, are downright draconian in some places. It’s really sad that we would treat our own citizens this way.

  • JohnQE

    Carlos, just as the government can’t ban free speech under the first amendment, it also can’t compel or coerce speech. Obviously, most first amendment case law deals with challenges to the government trying to suppress free speech. But there is also a line of cases whereby the courts have held that the first amendment also prevents the government from forcing you to say things you don’t want to. Look up first amendment & coerced or compelled speech. In this case, by supposedly trying to dictate how this person edits his video and what he says on it, the court may well be running afoul of the first amendment ban on compelled or coerced speech.

    • Pizzy

      I agree with you John. The judge is seriously misguided in this case.

  • Alexander Vucelic

    cops hate us for our freedom.

    cops hate America

    • n4zhg

      Pretty much, yes. Cops consider the Bill of Rights an impediment to their lawful occupation.

      • Tijuana Joe

        Not fair… Jefferson considered his Police Bill of RIghts
        to supersede the other one for mere streetwalkers.
        It was, however lost in a suitcase one day in the Philly train station.

    • Cliffey Trembling

      They have its us against them attitude! They are victims of the system themselves. Used by the real criminals and thugs to the public..

  • Marcus Antonius

    The Judge for lack of a better description is “on the take”! He has no concern for defending the Law as written and should be followed by police so he is on the take to the police. Corruption from the beginning to end.

    • Guest

      “The Judge for lack of a better description is “on the take”!”

      I think there is a better description. Traitor. I think it’s the best description. A traitor to his sworn oath to “support the Constitution of the United States.”

      • http://www.policemisconduct.net Film The Police Always

        Is there any personal information on this Kay traitor? I’ll look for it in the alley.

        • Guest

          Apparently it wasn’t Judge Kay. Carlos corrected the story. Disqus won’t let me delete the image link, so I just deleted the rest of the comment.

          • NJHC

            is that a wig or is he using that bald spray on youtube and it’s not what it’s cracked up to be?

  • ENTWAFFNUNGDERGESTAPO!

    who needs most to hang in this brutality?

    • Guest

      It’s enough that they are exposed as the traitorous pieces of shit that they are. But it’s clear that Judge Thomas L. Kay is the biggest piece of shit traitor in this story.

      • ENTWAFFNUNGDERGESTAPO!

        nazi-shitpile-traitor that may well deserve worse than hanging in the town square.

        sounds good to me.

        • Falutin Free

          Quartering by horse?

  • borderraven

    The cop was in an unmarked car and told Weber to walk away. It was an undercover operation. Take a hint and get to a position where you can observe what’s about to happen. It might be nothing, but you might get a story. Be cool. Of course Weber ain’t cool, he’s a felon on probation messing with a cop on duty.

    • Spiro

      Did you actually even pay attention to why he’s a “felon”? A pig set up a cannabis sale at a high school. He’s a “felon” because of something he never did…with a PLANT! Does that even bother you at all? People can get locked up for having a plant that has been deemed unacceptable by some. Really think about that for a minute!

      • Carlos_Miller

        $50 worth of weed is about an an eighth of an ounce in Miami. If that’s all he had, then it was likely for personal consumption, not intent to distribute.

        • Wandering_Bard

          Damn, prices went up since I was a kid.

        • Monica Leskovsky

          It doesn’t matter how little you have if they can prove someone was trying to buy it.

        • Pizzy

          Maybe $50 goes a little farther in Utah… I’ll have to ask my old man.

      • NJHC

        the pig prolly runs a strip club and blows lines of coke, but who really cares?

        his “felony” will be sealed and he can move on- even splash mud at his ex captors waiting for the bus once he gets his settlement.

    • Rail Car Fan

      Sounds like here’s another one who thinks “Cops Can Do NO Wrong”!

      Rail Car Fan

      • borderraven

        Cops can do wrong, but you get a more candid behavior if you observe from cover. It’s like photographing wildlife, if you are obnoxious and in their view, then you are affecting their behavior.

  • Cliffey Trembling

    Yes the kid is stupid and the cop has an ego problem. Stop living in fear! 1 Prohibition has caused more harm in our country than anything else. It creates a black market that creates violence . If POT is illegal than alcohol should still be illegal( prohibition )! The tyrant Banking elite that control the world have made their fortunes on chaos! The KKK made prohibition creating a black market. Than with pot, that even Ben Franklyn gave America the seeds of the Hemp plant and said ” this is miraculous, plant it everywhere! This plant helped us win the revolutionary war! We made Rope for our ships, sails that is why its called hemp. The constitution itself is made with hemp paper. The Rockefellers that decided that the electric horseless carriage was dangerous to his oil business, and electromagnetic wireless energy that Nikola Tesla designed free power that would have saved the world but now we are tearing open the earth at a rate that we may end up destroying all life as we know it. Henry ford fought the electric car paten with the help of Nelson Rockefeller. Mans law is greed and not life. The war on terror was invented by the controlling elite. Just like the silent movie (Metropolis. Yes The kind was an ass but it is public property, and possession or sale of weed should not be a felony. Cigarettes, caffeine, GMO, Fluoride that is put in our drinking water. Look The whole system is a contradiction. It is better to die as a man not someone who cowers under the unjust arm of the law! The law perverted! The police powers of the state perverted along with it! The law has not only turned from its proper purpose, but made to follow an entirely contrary purpose! The law became the weapon of every kind of greed! Instead of checking crime, the law itself is guilty of the evils it is suppose to punish! As Brave Heart ( William Wallace said, is it better to die old and in agony in your beds wishing you stood up against tyranny. Or die as a true free man! The man that believes he is free is truly enslaved! Freedom ,!!!! Liberty or DEATH
    The day a short homophobe cop hiding behind a badge & weapon makes m the day his throat is torn out! The Police and all official have forgotten its not them against us or us against them. They are public servants, not paid thugs by the wealthy.

  • Janes

    Kids fucking Dumb. End of story. I would beat his ass if I was a cop

    • Carlos_Miller

      Then you should join the academy because you would fit right in. Asshole.

    • ben dover

      You need to learn how to swing from a tall tree from your neck

      • Pat G

        EVERY SINGLE ONE IF YOU ARE DUMBASS RETARDS. the drug addict punk was out looking for trouble and found it. Hate cops? Grow up – all of you.

        • NJHC

          hate citizens? grow up ALL of you

          ps. get a deeper gene pool

        • Kerfuffulator

          I bet you wear t-shirt that reads
          “Get a brain MORANS”

          • Vigilantis

            Shouldn’t that be get a Brian Morans?

        • ben dover

          You should know by now in your life the word RETARD should never be used unless your talking about yourself to yourself. Nope dont hate them just despise the bad ones. As i have several in my family

    • Monica Leskovsky

      Then you would go to prison where you belong and be the other convicts’ bitch. By all means, please join the force. It’s people like you we should get off the streets.l

    • Vigilantis

      You’d fit right in with the rest of the low IQ gang bangers

    • disqus_IK4JLhzYdo

      Good thing you’re not a cop.

  • Chalk818

    The Officer was completely justified. The kid was harassing the officer, recording people without consent, on PUBLIC property is harassment. Being filmed inside private property, such as a grocery store, is not harassment.

    • JayBone

      Filming a public official in public isn’t harassment. The officers should have went on about their business.

    • BigJared

      If they’re not doing anything wrong, they shouldn’t mind being filmed.

    • Monica Leskovsky

      Literacy must be hard for you, as you obviously have no idea what this story is about. Oh, and you capitalize common nouns, which is extra silly in this case.

  • coradon1

    For a story about a kid in Utah there is a whole lot of “me, me, me” in here, Carlos. 8 times in fact.

    • Falutin Free

      It’s called using personal anecdotes in a story that is similar to your own experience.

    • Carlos_Miller

      It’s called relevance, asshole. I was talking to this kid at length today about this because he asked for my advice knowing I had gone though this similar situation.

      I figured I would put what I told him in the story in order to back up my statements that the judge has no right to force him to admit guilt.

      • Pizzy

        Wow… Way to support dialogue on your own website, asshole. I had to double check to see who wrote the article, because I couldn’t believe that an author of a story on a site trying to promote open discussion to protect citizens’ rights would resort to swearing at his readers, whether their criticism was offered constructively or not. You and the kid in the video must get along swimmingly. But I do agree that the judge was out of line. Cop was in the right, and the kid’s a dick.

  • Gezkill

    Looks like this incident happened near Woods Cross High School..

  • http://www.policemisconduct.net Film The Police Always

    If what you say is true, this comb over looking idiot Judge is corrupt. How can a judge coerce a person to do something like this? He must be reported for 2 things. 1. For coercing this man to do something under the color of authority as a judge. 2. For having such a fucked up comb over. Judge, you look like a fucking IDIOT in your picture. You fucking MORON!

  • Difdi

    Only a psychopath would feel remorse for doing the right thing.

  • responsibleparent2000

    So after reading this, what I understand is, instead of just going back into his house, he had to be a giant ass and argue with the officer for no good reason, ends up getting arrested because he’s an idiot, and is now trying to sue because he’s an idiot and everyone sues for everything. Did I miss anything out?

    • JayBone

      Yes, you missed quite a bit.

      • responsibleparent2000

        I’m all ears.

        • JayBone

          To start with, what law did the guy break?

          • Jim Holmes

            He is a convicted felon on Probation. Law enforcement can go into his place of residence, his vehicles or in his person at any time to search.
            With his probation he is stupid for pushing things and he knows it.

        • Carlos_Miller

          Well, they’re obviously covering your eyes because you can’t read.

    • Guest

      “Did I miss anything out?”

      Only the parts where the police, DA, a judge, a prosecutor, and his parole officer all violated his Constitutional rights and their sworn oaths to support the Constitution of the United States.

      • Jim Holmes

        His PO can violate him and throw him back into jail for 6 weeks until a hearing is held – if he wants. The kid knows the terms of probation and is stupid for pushing this. Right and wrong have nothing to do with it.
        Utah is run by a church group who makes the laws, owns the legislature and is the power base of the State.
        The kid knows it and doesn’t fit in.
        As for the amount he was caught with – it is his being within 1,000 feet of a school and the ‘intent to sell’ per the phone call.
        The kid is stupid (again, STUPID) for pusning this knowing he is on probation. As a convicted Felon on probation he does not have the same rights as a normal person.

        • Monica Leskovsky

          It is *never* stupid to stand up for your rights. What’s stupid is people like you who think cops are above the law that we pay them with our tax dollars to uphold.

    • Carlos_Miller

      You missed the part that you’re an idiot.

      • PINAC Troll

        You’re not the sharpest pencil either. What about what you did to Davy Vara?

        • Carlos_Miller

          And what would that be?

          • PINAC Troll

            A review was left on Amazon.com posted as David Vara on your book that you petitioned youtube about a video that exposed you for who you really are as a hypocrite. You should check it out if you have not done so yet.

          • Monica Leskovsky

            Ooh, an Amazon review; yeah, that’s where we find truth. I’m sure that person totally cited sources with proof.

          • kraz

            Right, cuz there aren’t hundreds or thousands of pissed off cops that would leave a bad review to hurt Carlos. For all we know it was you that left the review.

    • NJHC

      prolly the part where you are related to the cop ie, Utah shallow gene mud puddle,etc. and you are first time posting here.

      Maybe stick to going door to door preaching about how Jesus was an Indian and wearing secret underwear?

      I know to never visit Utah and divest from anything that has to do with it.

    • DickVanstone

      Poor kid, if only he were cowardly and submissive like you.

  • Bryce Weber

    I would like to thank all of you for your support and understanding. It is good to know that there are still people out there who believe in the preservation of our rights and I would like to express my appreciation. One note I would like to make is that I mistakenly gave Carlos the name of the wrong judge. Judge Kay was the judge my charges originally went through. Judge John R. Morris is the one who made these statements in my weekly court meeting for the Davis County Drug Court program. I sincerely apologize for such a simple amateur mistake.

    • responsibleparent2000

      You don’t deserve any sympathy, your own actions brought this upon you. There is always a time and place to “Fight for your rights” and this defiantly not that time or place. Illegal or not, it’s called common courtesy, the officer asked you to stop and just go back inside, you could have, and should have, and because you wanted to “assert your rights” you are now facing possible prison time.

      You acted like the girls on “Sweet 16″ and thought you could just do whatever you wanted and get away with it. Well I hope your “fight” was worth it, because instead of sitting at home relaxing and having fun right now your facing possible felony charges.

      • JayBone

        I know, right? Where do people get off thinking they can stand on a public sidewalk.

      • Guest

        “There is always a time and place to “Fight for your rights””

        Why do I get the feeling that for you, that time and place is never and nowhere?

      • Carlos_Miller

        No, he’s going to win because they violated his rights and the judge may have fucked himself too.

        Common courtesy would be the cop telling him to record all he wants but don’t stand in our way and don’t enter the property we’re entering.

      • NJHC

        That’s your opinion and it really isn’t worth the bandwidth you wasted. If Occupational Units want to sit outside someone’s home, on the public dime- it’s worth looking into. Maybe the person in the black car was beating off to children in the complex? One never knows, and cameras don’t lie.

        The poor child shouldn’t be living in a garbage state like Utah to begin with.

        I pray he gets a settlement, sees his oppressors lose jobs, homes, and families over this-

        what in the world would a public servant have to hide from a camera if they aren’t doing anything wrong?

        The “judge” should be admonished at the very least and must now live with internet fame for his actions.

        Once he gets a settlement, he should leave that trash heap called ” Utah ” and move on- his drug “crimes with no victim will be sealed, provided the Occupation doesn’t grind an axe for him.

        Spread Love, not government slavery!

        • Wandering_Bard

          @NJHC

      • Nitelite

        You have no idea what you are talking about.

      • Ray Kelly

        call the aclu

      • Kerfuffulator

        “no sympathy for you”. <– Sounds like far too many folks who are only Christian in church. Real Life compassion is a concept that eludes them. I believe it's because, it their core, they are powerless asshole, just dying to be internet bullies.

        • responsibleparent2000

          Well that’s interesting, considering I’m not Christian nor do I go to Church.
          I have compassion for people who deserve it, people dying of diseases, child starving on the streets, Soldiers waiting months to get proper treatment from a VA, the list goes on, these people deserve compassion.
          Some moron that keeps teasing and poking a dog with a stick doesn’t deserve compassion when the dog ends up biting back.

          This world is full of people who refuse to accept responsibility for their actions and this is no exception. You talk about my lack of compassion, yet this whole incident would have been avoided if the OP would have shown some compassion and common courtesy to the police who were doing an investigation.

          • Monica Leskovsky

            How exactly are you not getting that this kid did literally *nothing* wrong, in any way? He did not interfere with the police. The police *chose* to be distracted by his recording, for no reason whatsoever. They simply didn’t want him to do it, and probably had contempt for him to begin with because of his bogus pot charge. Cops don’t get to tell us what to do based on their preferences. They are paid with taxpayer dollars to uphold the law and protect us- nothing more. Infringing upon the rights of citizens is what is wrong, not standing up for them.

            You must be some kind of really pathetic coward.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Again, do you know what the conditions of his probation are? You do realize that he can be violated for doing something that is legal, but prohibited by his conditions of probation? Those are the choices he made to stay out of prison earlier.

          • Nemo

            “Compassion” as in obeying the illegal orders of an compassionless cop, who was lying to him in order to get him to stop doing something that he had every right to do?

            And while your comparison of police to dangerous dogs is apropos, you aren’t showing either the police or dogs in general much compassion, yourself.

            Which relative of yours is a cop?

      • Monica Leskovsky

        Bullshit. I feel so much pity for your kids, if you actually have any, if you’re raising them to believe that their rights come in second to any demand made on them by a police officer. Maybe you should write an article telling us what it’s like to live on your knees.

    • NJHC

      you’ll be ok and made the right choice in seeking help from this site.

      when you get your check from the goons, you need to move-

      start planning it.

    • Gezkill

      This sucks that this is happening in Bountiful/Woods Cross area. Hopefully this will get sorted out where you come out on top.

    • Ray Kelly

      Call the Aclu in your region?

    • Jim Holmes

      Bryce, if you are in Utah and on formal Probation for a Felony you KNOW they have you if they want to push it at all.
      Why be so stupid as to assert ‘rights’ when you know you don’t have the same amount as a non-felon, non-offender? You know they can stick you in jail for probation violation as simple as your ‘attitude’ with law enforcement or your PO. YOU agreed to this as part of probation. That or sit in jail if the term is less than a year or at Point of the Mountain or Gunnison if it is more than a year.
      Keep it up and you will end up serving your full term with ‘trouble maker’ in the jacket the prison officials see. You really won’t like it there.
      Apologize, suck it up and once you are off probation get out of Utard. Right now you need to act ‘remorseful’ even if you have Ron Yengich for a lawyer.

  • Jason Hill

    42 U.S. Code § 14141 – Cause of action

  • BigJared

    “If you aren’t doing anything wrong, you shouldn’t mind being filmed.”
    This is the government argument for CCTV cameras everywhere and NSA spying.

    • Monica Leskovsky

      You don’t think being a public servant paid by tax dollars makes a little bit of different compared to spying on what people do in private? No one is advocating setting up cameras in cop’s homes. When they are in public, on duty, their actions are public property. If they don’t like it, they should find another job.

  • Guest

    Im a strong believer in police skepticism but c’mon… What was the point?! this kid obviously had something to prove. The officer was dramatic and did as police are notorious for doing and over-reacted to a non-violent intellectual situation but should this kid really be praised as someone who thought out of the box? or played an important role in activism?
    Being someone with a point to prove and knowing police officers abuse their power and pull real bullshit moves why would you conduct you glorious Iphone camera activism if you were on probation and sell weed?

    • Harvey Wallbanger

      Echo….

  • dawg

    Im a strong believer in police skepticism but c’mon… What was the point?! this kid obviously had something to prove. The officer was dramatic and did as police are notorious for doing and over-reacted to a non-violent intellectual situation but should this kid really be praised as someone who thought out of the box? or played an important role in activism?
    Being someone with a point to prove and knowing police officers abuse their power and pull real bullshit moves why would you conduct your glorious Iphone camera activism if you were on probation and selling weed?

  • Ibcamn

    oh yeah,for your safety,i will arrest you!!corrupt cops

  • ray brown

    If the cop thought the videographer was exposing the cop’s presence why was he prancing around in plain view in uniform?

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I’m not near as sympathetic to Weber. He pleaded guilty to a felony in order to get probation. I can safely assume that in his admonishment documents, he admits committing the offense and pleading guilty because he was in fact guilty. He is informed that since he is pleading guilty, he loses the right of appeal. That he will be a convicted felon. That he has to follow all of his conditions of probation, and that probation can be revoked.

    Unless he’s a total idiot, he understood that taking action which may get him arrested could result in his probation being revoked and his being sent to prison.

    That does mean I agree with the officers here, I don’t. But Weber knew or should have known what the consequences were.

    • Monica Leskovsky

      Please explain what the “consequences” of doing absolutely nothing illegal should be, and how being on probation turns things that are not at all criminal into crimes?

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        Drinking alcohol is a completely legal activity for adults over 21, but in many states a probationer is prohibited from having any alcohol and is tested for it. Have a glass of wine with dinner and you can be violated and sent to prison.

        Utah will have similar conditions. Many states include conditions like obey reasonable and lawful orders of police officers.

        He very well could have violated his probation by violating a condition that he earlier agreed to, in order to avoid prison. So yes, probation can turn non-crimes into violations that put him in prison.

  • godlessmath

    There is something rather ugly in the comments expressing antipathy towards Weber, in those comments that say Weber should have “known the consequences.” Well, we know what *should* be the consequences of Weber exercising his legal rights: he should endure filming a boring video of cops ignoring him, recognizing his First Amendment rights.

    Although it is true in the same sense that one *should* expect unattended belongings to remain where we left them, I agree when we laugh at people who do this and get their stuff stolen. It is prudent to tell people to watch their things, and this is for the simple reason that we expect criminals to act like criminals. On the other hand, and this is my point, here people are arguing that we should expect cops and judges to act like criminals; we ought not dare exercise our rights.

    No. Fuck you. We should expect those sworn to uphold the law to follow it, and every time they do not, we should all feel and express outrage as if it was the first time it has ever happened.

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      The problem is that you do not see that the officer may have had a viable charge of interference. Have you looked at the report? Do you have any idea why he was in an unmarked vehicle, even if in uniform?

      I don’t like the way he handled it, but that doesn’t mean that he was necessarily wrong.

      On the other hand, Weber is a convicted felon, due to his own action. He is on probation. He is aware that an arrest could result in the probation being revoked. Yet he pushes the matter after he is warned that he is interfering? That’s a hell of a risk to take, especially if he turns out to be wrong.

      • godlessmath

        Yeah, naw, yeah, naw.

        “The problem is that you do not see that the officer may have had a viable charge of interference.”

        Yes I do have a problem seeing that which is impossible.

        For one, you are arguing that I can’t believe Weber’s side of the story, because he is a convicted felon, “due to his own action.” B-A-L-O-N-E-Y. On one level, no, he is not a convicted felon “due to his own action,” he is one because of the cop who set up a drug sale near a school, and because of a criminal justice system that does not provide adequate defense for those that cannot afford it.

        On another level, we know what felony he is convicted of…how his marijuana conviction should lead me to believe he is dishonest is a HUGE gap in your reasoning. This is ironic, because the cop who claimed Weber was interfering, also claimed that Weber was putting his own safety at risk. However, we know this is just not true. In other words, the cop is quite clearly a liar, and in a manner which ought to make him more of an unreliable witness than someone who happens to have a non-violent felony drug conviction.

        Even if I disregard Weber as an unreliable witness, I am left to imagine how he could have possibly “interfered.” We know for what reason the cops were in the neighborhood, and no, we know they did not close down the entire sidewalk and street. You can see the video, you don’t have to wonder what the cop actually meant when he said Weber was “interfering.”

        “Yet he pushes the matter…”

        The “matter” being legally exercising his rights. No, it is the cop who pushes the matter, after Weber had done him the *favor* of moving across the street.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          Where did I say Weber was not reliable or not truthful? He is however, a convicted felon due to his own action. No one forced him to plead guilty. The judge is required to question if he is pleading guilty because he is in fact guilty and cannot accept the plea if Weber says no. It doesn’t matter what the underlying facts are, Weber said that he was guilty as charged. That’s his own actions.

          As far as you presuming that he is dishonest based on that–that’s on you, I never said that nor indicated any such bias.

          You also have to determine what the conditions of probation are. Do you know what he agreed to do or not do to stay out of prison? I don’t, but I am aware that probationers are forbidden from exercising many rights that non-felons can exercise. You and I can object to a search of our house without a warrant – Weber likely cannot. Many jurisdictions require that probationers obey reasonable orders of police officers.

          • godlessmath

            You’re actually one of my favorite posters here, but in this case you are simply painting yourself into a corner.

            “Where did I say Weber was not reliable or not truthful?”

            You wondered aloud that maybe Weber is interfering in some mysterious fashion. You can see the video for yourself. It is simply not true Weber is interfering (and he is definitely not being disorderly, as he was charged), unless if something off-camera happened that Weber is not telling us. Well, no, I have no reason to distrust Weber, and no, his felony conviction is not such a reason.

            ” No one forced him to plead guilty.”

            This obtusely ignores the fact that he shouldn’t have been up there to make any sort of plea to begin. Even that said, Weber was only “choosing” between his criminal sentence; he made clear he had a shit lawyer, he was going to get convicted one way or another. Right, some choice.

            “You also have to determine what the conditions of probation are.”

            In a reasonable country, those conditions are related to the offense. So where as you and I have the right to associate with anyone we like, Weber most likely cannot associate with “known” drug dealers, even if for purposes not related to drug dealing.

            This is were you are simply wrong. I highly doubt the Judge somehow had the foresight to ban Weber from filming the police. As for Weber having to obey *reasonable* orders from police officers? Well, their requests weren’t reasonable (they definitely weren’t lawful, I noticed you dropped that condition here unlike in previous cases where you made this argument), and even so he *did* obeyed them. This is why the cops had to take that casual stroll across the street to arrest him.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            OK, I’ll address this one by one.

            Interference. I do wonder about the interference charge. I have not done any research to see what the statutes and case law says, so I can’t say for sure what constitutes interference in Utah. You don’t know that either, and are making an assumption that he did not violate the statute. That has nothing to do with Weber’s veracity.

            Guilty plea. He plead guilty. Regardless of any other facts, he stood in front of a judge and told that judge he was guilty. It doesn’t matter why, it doesn’t matter if he were actually innocent. He still plead guilty.

            Conditions of probation. Who said that any state judicial system was reasonable? Most conditions are generic and have nothing to do with the offense. For example it is common for a person on probation for burglary be ordered not to consume alcohol, drugs, cannabis, K2, bath salts, etc., many of which are not otherwise illegal