September 2nd, 2014

Man Refuses Deputies’ Order To Stop Recording During Attempt To Search Home Without Warrant 100

By Andrew Meyer

“I said turn it off.”

“Do you have a warrant?”

As two San Bernardino County sheriff deputies attempted to search a man’s house in the middle of the night, the officers’ first order was for the man of the house to turn off his cell phone which was recording the situation.

The deputies claimed to be looking for a “wanted felon” – a man who reportedly struck his girlfriend – and were told that the man in the video may be harboring him. However, upon knocking on the man’s door looking for the fugitive, the deputies first course of action was to demand that the man whose door they were knocking on stop recording.

After the man refused the deputy’s initial order to stop recording, one of the deputies again stated, “Turn that off, I don’t know what that is,” insinuating that he was in fear for his life.

Deputies then demanded the man’s name and identification, which the man refused to give. Cops cannot demand identification with force of law unless they have reasonable suspicion that a crime has been, is being, or is about to be committed. Here, the deputies attempted to argue that the man at home may have been the suspect in question – an argument which the deputies apparently knew was unfounded, as they quickly dropped it – and that the man at home may be guilty of “harboring a fugitive,” another premise which was completely unfounded, as a fugitive is a person for whom a warrant has been issued, not merely a suspect.

The deputies also repeatedly asked to search the man’s home, to which the man rightly demanded to see a search warrant. Without exigent circumstances such as chasing a suspect from the scene of the crime, the deputies had no legal right to search the man’s home without a search warrant.

When the man asserted his rights and refused to provide ID or allow the deputies to search his home, one of them said, “I’m gonna drag you out,” before realizing he was being recorded and stopping himself. The man then truthfully stated that he was in fear for his life, using the same line cops often use to get away with murder.

For PINAC readers who encounter a similar circumstance, it may be safer to speak with the cops without opening the door.

For news tips on aerial photography and drones, contact Andrew Meyer, PINAC’s staff writer covering UAV photography, the First Amendment, and more. Follow him on twitter @theandrewmeyer.

 

 


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  • BruceWayne

    Nicely done sir.

  • Jeffrey Marcus Gray

    This young man handled himself very well by recording the incident keeping his cool, and asserting his rights. However, he should not have opened his door at all. I would have told them to get a warrant through a closed and locked door. Never open your door to armed criminals.

    • Carl-Cathy Wisnesky

      They would have just busted the door down & probably enter shooting. At least he saved himself some property damage & probably a bullet to his body by opening the door for them. Agree with you that he did a great job recording the event & keeping his cool.

      • Stanley B. Manley

        When the day (or night) comes that ANYBODY knocks down my door without a warrant that’s the day I open fire. I may end up in the morgue but I won’t be the only one.

        • Croi Dhubh

          Which is why I’m glad to have a very old, very heavy door on my place. I didn’t put it there, it was here when I bought it, but I recognized the safety potential and kept it.

        • jcfromnj

          I have no problem with that either. If I go down, I’m having company along with me for the ride…

        • Jim Jones

          You can buy a doormat that says, “Come back with a warrant”.

        • definitelynotperfect

          You don’t want to end up in prison like this poor guy here. I live in Michigan about 30 miles outside of Detroit. A drunk, drugged woman had left the scene of crashing her car…ended up on this guys porch in the middle of the night beating on his door, he did as you stated (I’m disgusted with the conviction & sentence):
          http://www.clickondetroit.com/news/prosecutors-defense-wide-apart-on-possible-sentence-for-man-in-detroitarea-porch-shooting/27833082

      • Boko Hos

        Not likely. They were bullshitting. Kicking down a door is a huge step from just opening a door.

      • Jim Jones

        A wedge type door stop is your best friend.

    • sysdia

      I have seen you open your door to armed police.

      • Jeffrey Marcus Gray

        Yes you did, and I have learned my lesson. Never again!

    • Peacefulstreets Lewiscounty

      Agree completely. I’ve also opened the door in the past. Lesson learned.

  • Jerry

    Another nutter claiming he needs three forms of ID from the police and the Supreme Court said so meets Officer Laurel and Officer Hardy who are looking for a fugitive but don’t now what he looks like.

    • nrgins

      But they would know him when they saw him!

      • chris watts

        he’s black, of course,

    • jcfromnj

      I think everybody has heard that tired old line at least once.

    • Nemo

      There is nothing “nutty” about requiring that police provide three forms of ID when they are demanding ID that the person isn’t required to provide. The subject Had every right to tell the police that he wanted to see three forms of ID from them, before he let them see his ID. Especially as they stated that they intended to enter his residence without a warrant. Criminals could easily buy realistic costumes and attempt to use this approach to enter a residence. These guys were acting just like a criminal team might, rather than follow proper procedure, the way police are supposed to do.

  • Difster

    In general, it is better not to open the door for the cops. They might force their way in as we’ve seen so many times before.

    And of course, always record. Even better if you have a chance to set multiple recording devices in case they do bust in an confiscate the obvious one.

    • Peacefulstreets Lewiscounty

      Webcam facing the front door, syncing to a SpiderOak share. :)

  • Ft midnight raiding P

    The real question, was this guy video livestreaming? Would the video have survived if they decided to drag him out?
    .
    The camera is an incredibly powerful tool but only if the recording survives and is available when you need it.

    • Elliott Whitlow

      He said he was in the video, so we can assume yes.

      • jonquimbly

        Doubtful. My guess is he bluffed, and bluffed well. (He said “live-streaming to youtube.” But it takes time to create and configure a new YouTube Live Streaming event: you can’t just press a button be live-streaming to YT, ad hoc-like, it doesn’t work like that).

        Anyways, this man thought before he spoke, and he obviously knew what to say. Except that thing about “three forms of ID”, but then again that threw the cops off the scent, so kudos. Proud of this dude.

        • Croi Dhubh

          Actually, a few new apps streamline it very easily.

          • Peacefulstreets Lewiscounty

            I thought it was good quality video for streaming. I’ve often used Bambuser when out on the street, but the quality always suffers. The phone’s native camera synced to a cloud account works well to retain quality has served well. But I’d love to have alternatives.

            Have any app recommendations?

          • Tamra Louviere

            I use Ustream and also dropbox. Ustream is VERY simple and free. Dropbox is just a backup :)

          • jonquimbly

            Which apps do you recommend?

        • Jessica Williams

          Auto-update/upload to cloud storage, Samsung or At&t Locker is immediate after the recording stops….

  • Chip Seal

    Never open the door for cops. The fact that they are knocking means that they do not have a right to enter. If they have a warrant, they will smash their way in without knocking. Never open your door to the police.

    • nrgins

      You never know. The cops may be selling girl scout cookies. Some of those are pretty yummy!!

      • jcfromnj

        They are only yummy if they are are being sold by some hot cop chick with a nice rack. Baring that, no. Besides, they all look like Rosanne Barr.

      • Difdi

        Wilderness Girls!

    • Croi Dhubh

      Cops have certain ways of knocking, which is why I always knocked unlike a cop. Almost every time people opened the door for me, but I never forced my way in.

      One “trick” used was during the report of some minors in possession in a hotel room. My partner placed an empty pizza container in front of the eye hole, knocked like a pizza guy and said, “Pizza!” Even though everyone inside knew they didn’t order a pizza, they all cheered and we heard them say, “Fuck it! Open it up! We’ll just take it!” When they saw us, they just about cried.

      • Rob Lee

        Expert at tricking and deceiving but you stopped there..sure.

      • Ian Battles

        If you’d lie to a suspect, you’d lie to a judge.

        “You can always trust a liar to be dishonest.”

    • Difdi

      Some police have claimed exigent circumstances, fear for their lives or that they were conducting a welfare/safety check when they kicked down a door because the resident didn’t open it for them.

      In various incidents, police have claimed that someone answering a door, not answering a door, moving around inside the house, not moving around inside the house, turning on porch lights, not turning on porch lights, opening the door, not opening the door to be threatening behavior giving them “no choice” but to kick the door in and rush in with guns drawn.

      As long as courts give the police a free pass with a ludicrous excuse, no matter how transparent that excuse is, there is nothing you can do to protect yourself from rogue cops.

      • inquisitor

        And this is where the shotgun gets “turned on”.

        • nerys

          And where you get “turned off” (even though I agree with you!)

          • inquisitor

            But it wasn’t me.
            It was the suspect they were looking for who was holding my family hostage at gunpoint while held up in my home, once police entered he fired and then fled.
            It’s all on the cop’s lapel camera.

  • Resident Troll

    The cop said “turn it off because I don’t know what it is”. If he didn’t know what it is then how did he now it turns on and off ?

    • http://Www.fuckthegovernment.info F.T.G.

      It is always important to clearly and loudly verbalize all your actions as well as making it clear what you are holding. DONT WAIT TO BE ASKED. “As you can clearly see, I am holding a iPhone (or whatever) in my right (left) hand.” ” IT IS NOT A WEAPON” “I mean you NO HARM.” I am serious. If you watch my videos, I have said these things. Once you clearly communicate this information, it removes the “Officers” opportunity to say things like” I didn’t know what it was.” or, “I was in fear of my life because….”
      Fuckthegovernment.info
      youtube.com/user/ftgjustice

      • Tamra Louviere

        I’d have walked up there and put my hand over my vin number
        It’s your vehicle, you have the right to touch it….

      • Tamra Louviere

        I’d have walked up there and put my hand over my vin number
        It’s your vehicle, you have the right to touch it….

      • Tamra Louviere

        I don’t respect the law…EVER. FTP They are all complete scum!

    • jcfromnj

      It’s Cop Logic, of course. I gives me a headache just to think about it. How can you go through life with that kind of thought process ?

    • Difdi

      A very good point. I can’t think of a single weapon — that has an even slightly ambiguous appearance — that could endanger anyone that has an off switch. Pepper spray? No off switch. Baseball bat? No off switch. Firearm? No off switch. Even a TASER lacks an on/off switch in the normal sense (triggers are ON switches).

      By demanding it be turned off he made it quite clear he DID know what it was.

      • Tamra Louviere

        My taser has an off switch…just so you know that some do. It’s like a “safety”.

        • TheFlashingScotsman

          Does it have a switch that makes it look like a phone? ;)

  • nrgins

    If he doesn’t know what it is, then how can he order him to turn it off? I mean, you don’t turn off a gun. You don’t turn off a carrot. Clearly, the fact that he ordered him to turn it off proves that he knew it was a camera. (But logic probably goes over the head of those morons anyway.)

    • inquisitor

      I could kill you with an electric carrot.

      • nrgins

        Hmm, good point. So I guess he was basically saying, “Look, I don’t know if that’s a camera or a carrot, but either way, shut it off! It’s scaring me!!!” Makes sense now.

  • ray brown

    Did the officers have thumb cams on their shirts?

  • Brimstone Hill

    @ 1:25 it’s time to meet force with force……………No your business is not here………..when the pigs have no lawful reason to be there then I believe the right of the citizen prevails…………get outta my castle or be removed by deadly force. Put me om a jury and allow me to judge this case. These were redcoats and were violating the constitution.

    • TheFlashingScotsman

      You’ll never serve on a jury unless you stop that silly talk about the Constitution. Attorneys don’t like people who have heard of the Constitution.

  • Falutin Free

    More obese pieces of garbage.

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

    Fat fuck! This piece of shit hasn’t seen his dick in years, so he’s taking his anger out on the people. I hope to hear that this fat piece of shit is killed in a car accident where he’s pinned by his fat ass stomach and the car catches fire and he cant get out. FAT BURNING MOTHER FUCKER.

  • NJHC

    Yea, don’t play no games in this mutha fucker!

    Blessings to the reporter giving us that video of occupational units attempting to kill or rob innocent people in their homes.

  • That guy

    “We ain’t playin no fuckin games in this motherfucker.”

    That got a good laugh from me.

  • FitzND

    This video should be spread far and wide on the correct way to handle a police interaction. Guy was on point…he knew his rights and he was recording it.

  • FitzND

    This video should be spread far and wide on the correct way to handle a police interaction. Guy was on point…he knew his rights and he was recording it.

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

      I would suggest, DO NOT OPEN THE DOOR! You are not required to open the door even if the cops say you are. Cops are taught in training that use a commanding voice to make citizens believe that they are in trouble. They will do this and lie because citizens don’t know their rights. DO NOT ANSWER THE DOOR. Fuck with them while you record, “Go away PIGLET, I’m in here fucking your fat slob of a wife”.

      • inquisitor

        Door should never be opened. Talk through a window if one has to.

  • Not coplicker apologist

    When cops use the bullshit-fishing-expedition line that starts “I don’t know, you might…”, if you choose to speak to the cops, the answer is ” if you don’t know, then our legal system presumes I am innocent”.

  • ben dover

    Great job, We will win this war.

  • Guest

    I’m not 100% sure but the cops demeanor did seem to get much less aggressive when the guy said the video is going straight to youtube. Not clear whether they knew they weren’t going to escalate it so they didn’t want the recording to get uploaded. Or whether they thought he meant he was live streaming.

    In any case saying you are live streaming direct to the internet is a good bluff if you happen to find yourself in a tight spot. It may just make even a power hungry psychopath think twice about screwing with you. If they even have a small fraction of a brain they’ll realize they can’t access it and destroy the evidence even if they seize your phone.

    In this case both sides did some things right and some things wrong but in the end nothing got out of hand. I’m going to give both sides credit on this one.

    • Freedomhawk

      It is a sad day indeed when we give enforcement agents credit for not killing a blatantly innocent person. This is not a cut on your point of view, btw; you are right. The 5-0 showed great restraint not killing him for: “contempt of cop”.

      • Fedup

        He said he was filming it “straight to YouTube”. As subtle as that comment was, I’m sure it hit a home run in their logic. Can’t “unsend” that email. If they believed they could shoot him, take and destroy his sd card, and make it all go away, he’d have been face down with a planted gun. Just the thought that he was streaming to the cloud changed the entire outcome.

  • Christopher Dorner

    It’s a good thing the officers didn’t pull the old “he reached for his waistband” routine.

  • Falutin Free

    New photo of Darren Wilson shows he isn’t exactly a small guy.

    http://i.kinja-img.com/gawker-media/image/upload/s–f8Ffxuxe–/fhwcnyywmaiifiupgi2m.png

    • ENTWAFFNUNGDERGESTAPO!

      shit stacked high

    • Fedup

      Or, he has really small relatives.

  • Christopher Shepard

    Flex your rights.

    Feel the burn.

  • Croi Dhubh

    From the time I lived in Riverside and visited the surrounding areas, this sounds about like SBCSO…

    • TheFlashingScotsman

      Riverside is in Riverside County, or were you visiting neighbors?

      • Tannim

        SBCO is literally across the street on the northeast side of Riverside.

  • JdL

    “Turn that off, I don’t know what that is,” insinuating that he was in fear for his life.

    Cops are in fear for their lives every second of every day, it seems. If I was that much of a coward I’m not sure I’d be so open about broadcasting it to the world, but apparently cops have no shame. No shame, no brains, no courage. Want to know what the phrase “scum of the earth” means? Just look at a cop.

    • TheFlashingScotsman

      It’s that stress, brought on by living in fear, that turns most of them into alcoholics.

  • jimmyt

    Terrorism- the use of or threats to use violence to coerce.

    That’s standard operating procedure for all police, which is why they are rightly labeled as terrorists

  • ENTWAFFNUNGDERGESTAPO!

    useless malicious protection racket.

    keep the cameras rolling.

  • Peacefulstreets Lewiscounty

    I’ve heard mention of that SCOTUS ruling that LEOs must have 3 forms of ID, but not seen the case. Anyone have a link or citation?

    • Brennan Nash

      There is no link, it’s a figment of the imagination of people who have a few screws loose.

      • inquisitor

        …or are simply misinformed and are…mistaken.

      • Peacefulstreets Lewiscounty

        So you’re suggesting people should ID and comply with anyone wearing the proper costume? If you don’t have the case, why are you wasting my time?

        • Ordinary Citizen

          Psssst. Hey buddy. Psssst. (Opening trench coat) There is no case to cite. (whipping trench coat shut)

          • TheFlashingScotsman

            Judging from their level of understanding of other laws, you just might convince a cop that it’s true.

    • inquisitor

      I have seen people say that a cop needs to provide three forms of ID, but I have never seen a legal justification for doing so, nor have I ever seen a cop provide 3 forms of ID when being told this.
      Sounds like it may be bullshit.

      • Ordinary Citizen

        It’s not mere bullshit. It’s exquisitely detailed gibberish. It takes the medieval legal of distraint and distorts it well beyond any recognition. Clause 61 forever!

    • Ordinary Citizen

      The ’3 forms of ID’ is a classic misinterpretation in the sovereign citizen/freeman handbook. They believe that a peace officer must have and carry three forms of ID: a badge, a business card and a photo ID showing that the person possessing the badge (and non-pictorially identified on the business card) must match the person on the photo ID.

      The possession of the badge implies a state/county/local license to perform certain duties, and also implies the badge holder carries a specific performance bond/surety bond which, theoretically, a person could sue for damages incurred during the course of the badge holders ordinary duties.

      The business card shows that, in addition to holding the personal badge and bond, the person authorized as a law enforcement officer is known to the state/county/city and is acting on their behalf and with their knowledge.

      The photo ID shows that the person acting as a law enforcement officer, with a badge and bond, operating with the knowledge and authority granted by the state/county/city, is actually the same person in front of you.

      As a ‘freeman’ or ‘sovereign citizen’ all things in life revolve around the ability to contract with those around you for services and goods. A good baseline article, written from the perspective of a defense attorney, about all of this nonsense can be read here: http://www.voiceforthedefenseonline.com/story/representing-sovereign-citizen

      Bring some rum and coke or a good pale ale. It’s a long and complicated path! LOL!

  • jcfromnj

    San Berdoo PD got played ! Well done. Officer Curly from the Berdoo Three Stooges PD got his head handed to him…They were definitely on a fishing expedition, but left their fishing rods at home !

  • Рон Джамин

    NEVER open the door. You have no obligation to. If they have a warrant, they will say so and will probably just kick your door in anyway.

  • Lt. Redacted

    It’s probably a GREAT idea to have a sturdy security door if you live in a city with ‘roid raging hyper-aggressive and lying criminals who happen to have badges.

  • Tamra Louviere

    I wouldn’t have answered any of their questions. I wouldn’t have even opened the door. I would have simply said “Get a warrant” through the door. And if they busted down my door, I would have shot them as burglars!

  • MOLON LABE

    Cop harassing me over suspicious sunglasses Sep 3, 2014

    I was sitting at a bus stop waiting on my bus & this cop starts harassing me bc my sunglasses made me look suspicious.

  • crb77

    The guy said “turn that off…” Clearly the guy knew that whatever the homeowner was carrying had a power switch. I don’t know of anything with an on/off button that would make me fear for my life. Seems like he was just trying to say the right thing to cover his ass if he shot the homeowner or beat him up.

  • Pingback: Libertarian commentary on the news, #14-35D: Stupidity | The Price of Liberty

  • Dolt

    The question is…. did they lie and get their warrant then return with their tank, wearing desert cameo and toss a grenade into this man’s child’s bed? That would be my fear for the next several months after this.

    • TheFlashingScotsman

      No, they just went around back and killed the guy’s dog.

  • cw

    That was simply glorious!

  • Dean

    Made my day.

  • Epiphanyswr

    Very cool learning that bit about fugitive versus suspect. I will try and remember that one. Does anyone know more about the three forms of ID the man asked for? I have heard this before, along with the quote it was handed down from the Supreme Court, but I get the impression this is urban legend.

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