Cops Enter The WRONG HOUSE And REFUSE To Leave!
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- Опубликовано: 3 май 2024
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Again pride and ego is cops biggest issue. Can’t let go and admit wrong and sorry. They violate rights because they can’t admit your right or that they may not know. Pride and ego, “I’m sorry we may have wrong house let me step out and check if so have a good night I apologize”. They constantly escalate the situation. I research and print out state federal supreme rulings what cops can and can’t do highlight and keep copy’s in car and house and hand to officers and if continue to violate rights then can’t play ignorant although ignorance of the law is no excuse. Cops hate people who use their rights……reasonable……this was not reasonable….make sure to read all rulings and highlight when they can do something……IF….and make sure they know the IF doesn’t exist.
No
19:08 did not abuse authority ???? "there is blood !" ONE COP STATED ‼‼‼‼after boy checked‼‼‼‼ , and the same cop them stated " where did the glass come from then!! "
@@Awesome-Liquor😂😂😂😂😂😂
I can't believe you are willing to give those cops a pass. We both know if it was legal for them to enter that man's house, they would have been inside within 30 seconds of knocking on the door. In my world, cops don't get passes.
On one hand I like learning about the law but on the other hand watching these videos is fucking up my blood pressure
True, sometimes I just need to take a time and do not watch such videos at all.
literally , i like learning what to do in situations like this but sometimes , i genuinely get a little angry with the police or sometimes the auditor .
(quick edit just to clarify , when i say i get a little angry at the auditor , it's due to me getting easily irritated and sometimes the auditor can be a little annoying and unbearable to me so i get angry . shouldve clarified that when i first made the comment)
I had to cut out coffee switched to making a cacao drink each AM instead
@@kvaqichright I be so upset at cops I don’t watch the vid, and I thought i was the only one
I pulled my applications for being an officer/deputy over learning how corrupt LE has become. Just staying private security
That lead officer saying: “Stop hurting your child” is absolutely insane.
He said that for the camera.
It shows you that cops are inherently dishonest and it also makes them look stupid. Even without our being able to see everything that's happening, we know that this man isn't suddenly hurting his child right in front of cops. If they lie spontaneously in situations like this, we can assume they'd lie in a courtroom also.
That’s the set up for the cover up.
"Stop resisting!!!!" bs :/
"Your job is the only thing that will be hurt"
The worst part on this is that there was a house with actual violence who went unattended because they wanted to keep interacting with this guy
Exactly!!! For that alone they should get an F!!! This B- is absurd.
@@ferrynpalmer3875 to me, violating someone's rights is an automatic F.
@@jasonkoon6513 ...the scariest part for me is that if this is anyone else, without a badge, he's well within his rights to physically remove them and protect what's his. But because of the uniforms he'd likely be killed or maimed for doing what's right in any other situation. This stuff is scary AF.
@@ferrynpalmer3875Agreed. Where is this B- grade coming from?
DUH ,,,,YUP
How the hell are you giving them a B- when they trespassed, got the wrong address, and yelled out loud “stop hurting your son” when he clearly wasn’t?
It’s probably because they didn’t actually pursue further legal action, but even then, they deserve an F with them using a dirty trick to prevent him from closing the door, refusing to leave and even involving his CHILD.
@@azazelsvideos8298 It's tricky. I think the homeowner was in the right, but imagine if he did have a person in there? How would they go about determining that he is telling the truth? I've got a lot of problems with cops, but this seems like both homeowner and cops were put in an rough spot.
Watching the video, I was pissed a them. But rationally, if he was lying and there was a wife bleeding out in the bathroom and they just left because he asked them to, I feel the court and public opinion would both say the cops were being negligent.
Having the wrong address is information we have from after the incident and it colors how we view the interaction. If we remove the wrong address from the situation, then there actually was an exigent circumstance and I'd hope if I were a battered wife and a neighbor called because glass broke and they heard a scream, the cops would do their best to investigate.
Lots of real examples of police brutality on youtube to go after, but this is just a rough situation for all involved, imo.
Edit: The "blood on the floor" and "stop hurting your child" comments during the altercation were definitely malicious and an excuse for violence, so fuck whichever cops were doing that. But everything before and after, my previous statements apply.
He gave them B- because they didn't plan something else to incriminate him which is a standard for wrongful entry.
They have make sure. What if a women was locked in the room. Stuff like that has happened. Then we say They should've checked.
Yeah i disagree. @@darksaiyajin14
If cops can enter your home every time they get a phone call, then there is no 4th amendment
Not "every time." What if this was that home where a domestic partner was in grave danger of rape, serious bodily harm, or death? You'd be criticizing the cops for dropping the ball.
@@afrocraft1officers have no legal obligation to save or help people.
Again... if there were clear signs of violence or an ongoing chaotic situation then case law gives them room to enter under exigent circumstances.
Clearly this did not exist and that statement holds true.
There is a seccond ammendment.
@@afrocraft1 no. I wouldn't. All they had was a phone call. That's it.
@@afrocraft1so you lambast him for making an assumption and then make one of your own. Brilliant!
got to love how putting the foot in to block the door isn't illegal but shutting the door on his foot would definitely be a felony. smfh
Right? Can’t stand that hypocrisy
Isn't that jacked up?
I still don’t get how it is not trespassing, yes only his foot is in the building but his entire body is still on his property and he explicitly said that he no longer wants him on his property
State wise it is federally it isnt. You can be the charge just not the ride. Yet in the same breath sueing them over it would be a slam dunk case due to it being ruled federally.
They always protect the criminals in blue 🙄 damn shame
You know we live in a police state when you can't defend your home from corrupt cops.
I just dont get how people can become cops then completely work against the public when the same thing could be done to the cops thmeslves.
@schadenfreude5349 the job attracts bullies because it enables bullies.
If they truly thought someone was in danger, they wouldn't have waited. They violated his rights. Dont ever open your door unless they present a warrant.
This is exactly why if a person can afford it, they need to install a small, basic intercom system where you can speak to people without opening the door. I am working on getting mine set up right now. Also, if you are fortunate enough, I would recommend fencing off your property with a gate.
How can you possibly give these cops a B-? They illegally entered the apartment because of what ... an anonymous phone call? That's asinine. The cops yelling "Stop hurting your child!" is absolutely shameful.
It’s graded on a spectrum, these guys are bad but they are not on the same level as the guys who paralyzed an innocent man and laughed about it, there are different levels of evil
@@realityreviews2314who bought it and when? I've noticed a weird skew in the ratings and some of the legal commentary has been less than ideal
@realityreviews2314 who bought it?
This is the reason I purchased me a know my rights law book..... for stuff just like this😮
They operate on their feelings and not law. Officers get an F+.
Love how one anonymous call is enough to throw every single freedom out the window, it never stops amusing me.
Yes. Any uninformed nosey neighbor can f up someones life with a call to the cops.
Why does it amuse you? The defenestration of our freedoms should concern you at the very least.
@@randal_gibbons Amusing how you did not pick up on the sarcasm.
Anonymous calls should be unactionable. If you aren't willing to stand up and point someone out in court the dispatchers should politely inform you that your "tip" will only be dealt with as resourcing permits and the responding officer will be instructed to treat your information as unreliable.
I've been on the end of these calls and I was home minding mine and go to smoke a cig outside and cops roll up. That's stressful as fuck and I gotta try to figure out how I pissed someone off. They sure the fuck won't say why they were called.
I don't have the patience to watch more of this. Props to dude for keeping his shit together and being the only reasonable person in the interaction.
This is nuts because if a normal citizen did this to a neighbor he’d be well within his rights to remove that person by any means necessary.
B- for violating the 4th amendment??? Not only did they illegally enter the apartment they accused him without evidence of abusing his son. Anything better than an F in my view is unacceptable.
I'd say a D or D- would be more fair. Personally I think F grades should be reserved for officers who use excessive force, make an unlawful arrest, and/or commit false imprisonment. Actions that cause real and sustained damages that can be proven. I would hardly place this encounter in the same category of some other incidents this channel has covered where innocent people were injured or worse.
@@Eidolon1andOnly true however even under the 4th amendment it constitutes a seizure there wasn’t sufficient evidence and therefore being detained in your own home unlawfully could be seen as an unlawful seizure however he wasn’t under arrest. Depends how a lawyer could use the evidence and language to argue the case.
@@csvickers151 I get what you're saying, but even though the detainment was unlawful, it didn't really result in any real injury that could be easily proven. An unlawful arrest would result in having a record of such arrest which could easily be proven as damaging to the victim since it could result in difficulties in employment, securing housing, or any other such endeavor where a background check is conducted. I think the only way the F grade can have any meaning is if is used for extreme cases like the ones I mentioned and I'll add malicious use of the courts to that list as well. I see too many people who want to give out an F to every officer interaction no matter how minor of an incident the cop is part of. Not saying you're among them, just that many seem to have a pass/fail mentality with impossible expectations of what could be considered passing. I thinknwhat happened here was egregious and morally reprehensible, but ultimately the man and his son were unharmed.
@@Eidolon1andOnly While I agree that there have been way worse results in previous episodes, this conduct is hardly any better. Just harrassing this poor dude, and traumatizing his son for no reason whatshowever. If these cops really wanted to "save" someone in critical condition, they would've just forced their way into the house immediately. It is pretty clear to me that they just wanted to enter out of pure ego. In my opinion every cop that knowingly breaks the law should get an F. D and/or C would be more like genuine mistakes that violate people's rights or cops that try to violate people's rights but when confronted they back off and leave them be. then B would be for cops that follow the law but are a dick about it and A's are for cops that follow the law and show patience and respect while doing so. That would be my scoring scale at least...
@@Eidolon1andOnly I can respect trying to find a balance here and I appreciate your debate. And I can agree those people exist. However laws were broken. What use is a police force if they themselves break the law. The whole reason the issues with policing is because of low standards. But the next debate obviously is what constitutes an F. Simply breaking a law vs conduct that leads to injury or death. In my opinion conduct that leads to injury or death is automatically an F. Falsifying information, lying or other illegal activities constitutes an F. As with officers who plant drugs on their victims don’t cause any injury to their victims just get them falsely imprisoned. Obviously the issue is more complex.
They entered the home, found no wife, accused a man of harming his own son. Even yelling “STOP HURTING YOUR SON” upon forcing intrusion. Then tried to claim there was blood on the floor. This could have gone very badly for this man and his son. This is a D+ at best only because they left and didn’t hurt anyone.
And the only reason they didn't do anything worse is just because of the live streaming.
You left something out. They never APOLOGIZED! ATA always grades cops on a curve. Pathetic!
“Stop hurting your son” was a fun evolution of “stop resisting.”
Spoiler much!?😂
No no no, didn't you hear? They entered only due to concern for the wellbeing of his son and immediately left once they were sure he was okay!
Sure, it might LOOK like they forced entry, ducked around inside, accused the man of beating his child, and hung around for a bit looking for reasons to escalate the situation...but AtA told us they didn't do any of what we just watched!
Man he held it together way better than I would have
What makes this whole situation worse is that the apartment in which the actual incident happened may have actually had a problem and they wasted their time being fools.
The officer yelling “stop hurting your child” was definitely a bridge too far for me. He clearly yelled that knowing he was live. I’d definitely call that was an attempt to defame his character. The officer had ZERO proof of the claim and made it to over 300+ people live which Mr. Finely announced we’re watching. I give them an F. The foot in the door “trick” is dirty and needs to stop. If they truly had exigent circumstances they’d have just gone in. Period. This back and forth was nothing but a power flex.
Yeah that foot in the door “trick” pissed me off. I don’t think I could’ve held my cool as well as Mr. Finley did even though I know you can’t close the door on their foot or they jump on for “assaulting an officer” or some sh@t like that. That’s a dirty move and they hope it pisses you off and do it so they can come in. 🤬
I'm shocked they got as high as a B-minus
Absolutely agree with everything you said and posted a similar comment. They also tried to escalate at the end by falsely fabricating the notion of seeing blood on the floor, with the cop manipulating his handcuffs, even after they saw no one was injured in the house. And they did not leave the house immediately, as claimed in the video; rather, they were trying desperately to find some reason to cuff this guy, because they knew they were up the 💩creek without a paddle. Also, citing the Gorsky v. Harris county to substantiate a claim of qualified immunity is ridiculous, as the text shown on the screen clearly stated “consensual encounter”. What exactly was consensual here?? I normally agree with most assessments by this channel, but this was a horrible assessment, of which I do not agree. I rate this assessment an F.
@@BabomomebeoYeah, this was a BS assessment, and I rate it an F.
That was my first thought also. As soon as I heard that cop say that, I knew that there was absolutely no possibility that they were acting in good faith.
B-? Yeah no, that was a home invasion and the fact that they tried to pull some shit by saying "stop hurting your child" while charging into his home is easily a solid F. They don't deserve the benefit of the doubt anymore
but ATA was not wrong. While you go by your feelings, he goes by cited case law and how the COURT may view it. Learn from people smarter than you.
@@kevinzink9063you *THINK* ATA was not wrong.
If the cops truly believed they had exigent circumstances there wouldn't be a toe over the threshold.
Even if the door was locked and the cops believed they had exigent circumstances, they would have kicked the door in.
If there were exigent circumstances and you're blocking the doorway, guess what? That's a charge. Any charges reported?
@@rtjames they have discretion to charge you or not. Just because there is no charge does not equate to them not having exigent circumstances. And sometimes exigent circumstances are established AFTER someone answers the door and opens it. Such as the officer seeing broken glass, which was mentioned on the call. So yes, after the door was opened and they saw the broken glass, that certainly could be enough for a court to determine the officers actions were lawful.
@@kevinzink9063 of course they have discretion to charge. There's a life and death matter that requires them to burst into your house that you delayed them from attending to and they feel bad for you. Not sure why I didn't think of that.
@@kevinzink9063 exigent circumstances can be established after the door is open.
In this case, they didn't see broken glass because the door was open. They saw broken glass AFTER they entered on the basis of exigent circumstances.
Let's not be ridiculous 😂. If they took those circumstances to a judge i.e. we didn't see a woman, we didn't hear a woman, we were repeatedly told there was no woman but we did see some broken glass next to some snacks on the floor, what's the case like for getting a warrant from a sensible judge?
If you are a lawyer, you're the reason the criminals are getting away. You want to find the coke on the table via a warrantless search and hope that the evidence doesn't get suppressed.
Kid listens well and show strong respect. Strong sign of a damn good dad right there.
If they can stand there and argue for 10minutes there is no exigency.
Another example of why you can never open your door to cops.
That doesn't seem to work, there was a video posted where cops broke into an apartment, the woman waas not only traumatizedf rom teh event but it was teh wrong apartment. Then who pays for the damanages of the door.
This is never going to end until they train the police to respect rights. These ignorant cops think a 911 call gives them the right to do anything they want. And until they are trained that that isn’t true, police like this are going to continue to exist.
Their egos is what this about.
They'll likely get swat involved
@@Tux-YT Ram-proof your doors with a proper door frame. Good luck trying to kick it down.
The officer saying "stop hurting your child" while they attack a man in his own house meanwhile the kids in a separate room with the door shut needs to be taught a lesson
He needs to be fired and every arrest he made gone through with a fine tooth comb
"stop hurting your child" is a dirty trick, just like keeping the foot in the door, just like "stop resisting" even if someone is not resisting.
Those cops are dirty and the live video was the only thing stopping them from killing that man in front of his child.
@@lemmdus2119 for real. that's obvious as fuck that the dude will say whatever to justify his actions and dismissals are probably in order. not that they would happen, but should.
the kind of tyrants that need to be educated on what the 2nd amendment is for.
First the call was about a wife/female DV call, then once they realized it was only him and his kid they focused on his child, claiming he had blood on him/the floor when the child wasn't bleeding otherwise they would've attempted to use that.. This was a power/authority move to prove they could come into his home without a warrant, why else would they start making claims the child was hurt.. It was an attempt to find something on this Father so they could arrest him, then taking his child away from him.. Absolutely SICKENING!
So this why a cop told me having double bolt locked doors was a fire hazard. So they can be able to kick down doors
double bolt locked would take what? 3 more seconds to undo. It's like the same people that say 3tier retention holsters slow you down too much.
F to Audit the Audit for not giving an F to the officer.
The bar is low. They didn't pull guns.
Seems the cop was hoping he would try to close the door on his foot, therefore giving him 'the right' to arrest him for 'assault on an officer'... They're just so ridiculous. 🙄
Children with authority
This is why I want to put a 2 door entrance in the house I build. Outer door will have a screen and regular door. Second door will be a proper security door with a steel core, reinforced frame/wall, and a mag lock. Then set the security to not allow one to open unless the other is closed. You may catch me slipping and beat me in the threshold, but you still won't get into my house unless I want you to.
And that’s exactly what they woulda done
Exactly.
Assault plus resisting arrest.
He was so patient with them. Even when they broke in. In my opinion he kept his cool
And on that night, the public was kept safe from a father and son spending a quiet night undisturbed, while elsewhere a woman likely got the shit beat out of her after she called the cops to come help her escape from an abusive man. Great work all! Definitely deserve better than a B.
Never open your door. If a cop is there for NO reason, there is no situation that they can't make worse. Never talk to police without representation
100% I will talk to them through my security camera or window before I even think about opening a door. I do the same thing with most people that come to the door, it's just safer that way. And definitely do not talk without representation, my personal exception being to ask why they are there.
live in fear!
😂😂🤣🤣🤣🤣🤣🤣🤣🤣😂🤣🤣😅🤣🤣😂🤣😅😅🤣
@SnakeSalmon8izback but you'll be alive. Good luck.
@@SnakeSalmon8izback "Live in fear". You must be privileged
The lesson is clear; NEVER open your door to the police! Talk through a window if you must, but don't ever let those lawless thugs get their foot over your threshhold.
Especially if you are abusing your son. Then you might get caught.
@@brianbagnall3029Something tells me you missed that fatherly whoopin.
Don’t even acknowledge their presence.
@@jonahzablow2132they'll leave eventually
@jonahzablow2132 Excatly. They knock no one is home. You talk to then through the door they are engaging and chances of escalation happen all too often with police. They cant harass someone who isnt there.
That's one of my biggest fears. They would have caused me to become a convicted felon. That's the problem law enforcement doesn't have the right to trespass period. No court can give you that right
This man did all he could to handle the situation apprpriately. This should be the model for defending your rights and the model for violating them.
Never open the door for police unless you called them. You can talk through an open window. If they had legal authority to enter, they would not ask.
Much more difficult to do from an apartment.
They're not police, they're SS soldiers of the American Gestapo
@@kerryedavis True. But you can still get a security door so you can open your regular door and still not be too concerned about home invasions.
@@rodh1404If the landlord agrees. They probably wouldn't.
They're the standing army the founders warned us about.
The fact that one officer yelled "Stop hurting your son" when they came in should take the grade down a whole letter. That was a clear attempt to justify further action against Mr. Finley.
They're not officers, they're SS soldiers of the American Gestapo
3 more letters down
“Stop resisting”
“Stop trying to get my gun”
These are the false statements that cops use to escalate
Only one letter!?! ;)
All this time they spent bothering this man at the wrong apartment, someone might have actually needed help in another apartment nearby.
Pro tip to everyone who owns a home: if you can afford it, install a small, basic intercom system that allows you to speak with people at your doorstep without having to open the door. This is a great deterrent for situations like that in the video. If the door never opens, it prevents this possibility of ever happening. I understand that they were called for a wellness check by an anonymous caller, but there has to be proper procedure on an anonymous call.
Say it with me… ready?
Do. NOT. Open. Your. Door. For cops, EVER, unless you called them. They’re not there to help you.
Hell, even if you called them, gotta ask yourself why. How many people have we seen get beaten up (or worse) when they were the victims of the initial situation the cops were called to?
one time i stared at one through the door for 30 minutes while they knocked at my mother's door, and a separate cop (from a serape county, because she lives ON the county line) for about 15. i waved at them out the window as they drove away. the cop stopped when he saw me, and i just raised my hands and shrugged at him. he drove away lol. (also, it was because my moms ex husband was mad that my mother didnt want my sisters to have a phone and he had bought one for them, and she didnt give permission for then to have that while in her custody, so he called the cops. my sisters learned that day that their father is very over the top and insecure)
Don't ever ever call the cops no matter what repeat after me don't ever call the cops
And don't call them, unless you want to go to jail.
Problem is, if you don’t, they will knock your door down.
My neighbors had swat come to their home, they were ready to break the door down. They did open the door, and they were cuffed. I asked (later) if they were ok, they said they were ok, they went to the wrong home. (Why, I don’t know, it’s none of my business).
That scares me. My dogs will bark and may try to approach someone they don’t know….if the damn swat did that to us, they could have shot our dogs. 😢
This shit is horrid. Poor guy.
And this is why you NEVER open the door for the cops unless they show you the warrant.
Not even then. If they have a valid warrant they’ll enter on their own
I wish that could be applied to every case, but not opening the door isn't universally helpful. We open for cops, our cops have actual real work to do. So every time they knocked (once or twice a year) they've been informative on the burglaries & things in our building. We also had these people who would use our building to order pizza & then rob the driver when he came inside. So the more all of us know, the better we can look out for that stuff.
Don't need a warrant for welfare check.
Well, this is good advise, but what can you do if they have the wrong house AFTER 6-10cops PLUS the SWAT team barge into your house at 300am?? argh
@@Starchild42 In that case there ain't jack you can do except hope they don't shoot you, any other people, or family pets. Afterwards you can try to sue them, but if they were on official business, IE trying to serve a warrant and they still got the wrong house there's usually little you can do and they don't even have to fix your house more often than not. It must be nice to be a State sponsored goon and still be legally covered, even when you royally fuck shit up...
I've seen dozens of these videos where the cops are at the wrong address. What is wrong with these departments?
I hope this man files a lawsuit. If the judge doesn’t find this to be open and shut case, it’s time to clean up the judicial system
This man deserves a wild amount of credit for maintaining his cool the way that he did. His level of composure is truly admirable.
He was yelling the entire time and wouldn’t let them talk
lmao what “cool” if bro would’ve shut up for 2 seconds the officers could’ve told him the whole story
They want to agitate and harass in hopes of creating a violent situation. Then the gloves can come off and they can do whatever they want in your home.
@@jaypandya913yeah, letting officers walk on your rights is so cool! Regard
That was a lot cooler headed then what would have happened where I live. All three officers would have been risking imminent death acting like that considering every one within a 30 mile radius is armed to the teeth and more than willing to use their 2nd Amendment Rights to enforce their 4th Amendment ones.
I just want to say I’m proud of that dad for telling his son to go to his room and close the door. Too often, parents make their kids sit there and watch this fight instead of shielding them from it. Good work.
But then the cops kept goading dad to call his kid out, so the cops could make a point in front of the child.
Don't worry it's a B- job from these upstanding officers
@@Wannaknowmyname1The only thing those cops did was show that child that he can never trust police. Especially with the, "Stop hurting your child!" shouts as they were taking the dad down.
@@toddosty exactly. We basically watched a super hero origin story. Cops are so dumb they don't realize these situations hurt them more in the long run.
Sometimes black children need to see the behaviors of the grandchildren that came from the people who enslaved their ancestors. The cops are the ones letting the younger black generations know that their older family members weren't telling lies about the things blacks had and have to still deal with.
In this case I agree, dad stayed cool, tried to protect son from this trauma. Not the "poor me look what they're doing to me" victim stance, he was truly thinking of his boy. That decision esp under pressure says a lot about a man.
Tarrant county court system is the absolute worst in the entire state. People are in county jail for misdemeanors and have been for over a year now. Covid slowed courts to a crawl and they were already super slow in the first place. I was just recently in for 2 days and talked to people who have been locked up for so long with charges that are simple. I read their court paper work and was told they havent even been given a court date. It takes over 8 hours to go through booking and they dont care about your medical problems or medicine. I watched a guy suffer 2 seizures cracking his head on the floor twice because they wouldn't give him his medicine (non narcotic). He left the second time on a stretcher and never saw him again.
Thank you very much, Audit the Audit, for constantly uploading these excellent videos so that we can see and learn from them very often.
Please have a nice weekend. ™
Unfortunately, this is why you cannot open your door to police ever.
You really feel that way? I would mostly always answer the door.
Yep, never, talk through the door always.
@gamerkaxx8685 yes, because this shit happens all the time.
@@KaxxonxboxYou open the door and a cop can find a reason to ruin your life or a family member. Cops have been called by homeowners to deal with a family member having an mental episode only get killed moments after they come into the house. Cops have "smelled drugs" that weren't there after someone opens the door for them. Cops have beaten up or shot homeowners who received bogus 911 calls.
Cops are not your friends. Treat them as you would any armed stranger that comes to your home: With extreme caution and suspicion.
@@Kaxxonxbox I don't open the door for them anymore after I reach adulthood. I realized they aren't there to help you first. They are there to ENFORCE LAW first and, in a manner, they believe correct which doesn't always protect the people.
“Immediately left the home”? No they didn’t. They examed the glass and continued to argue that there appears to be blood. B- is a very generous grade on your part
Yeah... A B+ seems to be something like 'Cops were wrong to enter the apartment, but maybe there is a judge somewhere who will decide otherwise...' IMHO it should be A+ for the father and a big fat F for the cops. They didn't investigate sjit, only relying on 'a call' and they failed to doublecheck (or were reluctant to) on the caller or dispatch. The cops only left 'immediately' after establishing that there was not a wife or a woman in the house and they then knew or realised that they probably 'effed of'.
Dude's a bootlicker.
This channel literally started as a channel to go after auditors and make excuses for cops. He switched to have an air of impartiality so he can make more money.
@@maplifiers I’m usually a fan of his work, but think he got this one wrong
@@maplifiersand a grifter. Not going to get sponsors when you're shitting on the organisations that do their thuggery.
Lol dude is almost consistently giving F’s to cops every video, has a bad take based on the legal conundrum and you start whining about him being a bootlicker 😂 you’re off your meds
Funny how they never seem this concerned when they actually need to be
You're giving the cops a B-?! Wow. They violated this man's rights.
Rule number 1: if the cops are at your door and you didnt call, dont open the door.
CALLING THE POLICE has become an all too often used way for one person to TOTALLY SCREW UP THE LIFE OF ANOTHER PERSON. Perhaps police should be required to interface with the person making the call before they are allowed to unceremoniously strip the constitutional rights of another.
They're not police, they're SS soldiers of the American Gestapo.
Meanwhile, you have people calling the cops to help them and the police never show up or show up hours later...or show up, then leave without investigating at all.
There's a famous case in my city where a kid called the police because his parents were beating his sister. The cops showed, talked to the parents, and left without even talking to either child. The parents beat the kid who called to death that very night.
@@mikeveis6393maybe go watch a few of the countless videos of cops doing their job the right way. Of course your gunna hate them when you only watch the negative encounters. There are good cops and their are bad cops. It will always be that way because there will always be good people and bad people. To judge all of them based on the actions of only the bad ones is ignorant. Are you ignorant or are your opinions easily swayed by it being popular in society to hate police? Or are you just a criminal? It’s one of the above.
Exactly the police are always willing and ready to be weaponized.
Texas had (maybe still has) a law the makes "anonymous" tips ineligible for such flights of fancy. I don't know it that applies, but all we were given is that someone claiming to be a neighbor called it in. If it goes to court, I'd want to see the 911 dispatch text and notes; if they didn't have a verifiable name to tie the complaint to, they may have overstepped the line.
Never ever open the door for the police unless you called them cause this is exactly what's Going to happen, there going to have so called exigent circumstances😂😂😂😂
"STOP HURTING YOUR CHILD" is the exact same as "STOP RESISTING"
There is no way a phone call allows police to enter your home. That would make the world wild.
Check out the gaming SWATING incident. Not only can they do that, they can order you to exit your home and shoot you without any evidence of a weapon present. No criminal charges.
@@exhaustguy let me rephrase…without reports of a hostage or explosive they can’t. Exigent circumstances are reasonable but with the totality of the facts here they are no where close.
We see this all the time on ATA. “We got a call” and “we are investigating.” You have to stay calm and answer questions while saying ‘no’ or ‘i am exercising my right to remain silent’ or ‘you do not have consent.’ They are going to do what they are going to do. Don’t get hurt.
@@Keetonl A call is NOT exigent circumstances, even a swatting call. Exigent circumstances must be witnessed by the cops themselves. To treat a random anonymous call as evince is tantamount to living in 1692 Salem where you can accuse someone you don't like of being a witch to use the cops as the tools they are to unconditionally burn them at the stake. 🤦 And that's exactly what swatting is, the cops being too stupid to realize that a call might not be correct and not roll up hot, ready for war, but rather, INVESTIGATE before taking action. 😒
What about swatting? Anon phone reports have led police to murder innocent people.
He shouldn’t have opened the door in the first place. If you didn’t make a call to the cops, never open the door. They typically do not have your best interests in mind.
Your 100 million percent correct.
Did he have a peephole?
Nah, the police need to drop their egos. That's the real solution.
Not true. I've had cops come to my house to inform me of a break in at my neighbor's home to see if I'd seen any suspicious individuals and to be vigilant.
Another time they came by because a neighbor informed them of an attempted car theft of their car. When they visited me, my car had been vandalized and I didn't even know it until they told me.
Now the cops in this video were clearly wrong, but to tell people never to open the door when cops come by is limiting possible valuable info from law enforcement that could be useful to the home owner and its occupants.
@@jonboatmorava9115nah, just don't answer the door. Period. If they had a warrant, they would have went inside. You don't have to answer questions or the door. Period
I will guarantee that I would have filed a federal 1983 lawsuit against these criminals even if I had to file it myself.
Just 1 glance at the floor of the apartment told me that the floor was ceramic tiled and any glass object falling on that floor would break.
A little common sense goes a long was when doing investigations.
Thank you for always looking at both sides and doing your best to render a fair decision
So the cops logic is “since we got a random call about a domestic dispute, we are allowed to enter your home without a warrant”. .. got it smh
If an anonymous call is equal to a warrant what prevents them to make up a call?
@@bernhardjordan9200 doesn't that then make swatting legal?
@bernhardjordan9200 luckily, the Supreme Court has already ruled an anonymous phone call is NOT reasonable suspicion. They would have to have some other evidence to justify the belief of violence. ATA got this one wrong.
@@nevassa4627yeah exactly it’s a dangerous precedent to set especially in regard to swatting.
@@thelonelypamphleteer5722 ATA gets a lot wrong lately. It's as if he's becoming accustomed to the taste of boot leather
This is why the courts are telling you you don’t even have to open the door for a cop when they knock
I never open my door for them
Just confirming what was once common knowledge.
Putting his foot in the doorway is entry and legally considered an unlawful search and seizure.
I am so disturbed by this. I feel so deeply for this father.
Everybody reading this: do NOT answer your door when you’re not expecting anybody to come over. You are under NO obligation to answer the door to cops or anybody else!!! Make sure your people know you need them to call you ahead of showing up to your home. Anybody worth speaking to , won’t show up unannounced. If the cops have a warrant they have to tell you that and show you the warrant too. But if they are just knocking or ringing don’t let em in. Don’t even come to the door!!
A cop showed up to my house angry yelling and pounding on my door when it was pouring raining because he said my dad just got into a hit and run and fled the scene but that wasn’t true and my dad got falsely accused and he got his license taken away.
😅 wtf are you talking about 😅
I remember the days when pleasant, unplanned, unannounced visits by friends were normative.
@Grenadier311 ...Since when the hell have cops EVER been our friends???
@@Gam3rfreak1290 maybe bro is older, cops used to kindve be for the community like a firefighter but everyone hates those corrupt pigs now and cops just tryna go fishing for any crime, but everyone loves firefighters
That man stood his ground literally and I am very proud of him. Just one American to another.
The resident showed a LOT MORE restraint than I would have... Good for him.
He’s allowed to use deadly force against intruders
@@madcamdisease He'd have probably got killed. And the cops would blame him for it, and get away with it
His mistake was opening the door to cops in the first place. Ask through the door or window if they have a warrant, and if they say yes, tell them to hold it up. Only open the door then. Otherwise, keep it closed.
"stop hurting your child" sounds like fighting words to me. I don't trust I wouldn't have gone to jail.
This is one of the reasons you gotta put up a storm/screen door!!
Bravo, Mr. Finley!
B-?! After they yelled "Stop hurting your son!" to lie to try and set up charges?! That right there IS abusing their authority. I don't give a shit how "difficult" it is for officers to interpret vague laws; it's THEIR job to do so.
But they didn't charge him with anything....hence the reason for the B-. Listen to people that know much more than you do.
Kevin with the no brain comment…. Listen to NO ONE. This video had zero education from a rights perspective.
@@kevinzink9063yeah but they were pretty desperate. the supervisor finding some random stain on the floor and claiming it's blood?? what the heck
@@kevinzink9063 Wait, your standard for a B- is that they didn't charge him with anything? So, it's all good to give a mid passing grade as long as a person wasn't charged with something? Ridiculous. Also, you're making an appeal to authority logical fallacy. There is no grading in court. You're appealing to the person running this channel simply because you think they know more than the person you're replying to, who you don't know, all based on some subjectively constructed grading system. Amazing.
Oh, I'm sure there are plenty of folks who know more than me, I just have never met one, and I guarantee that is not you. I will give you credit, as far as flagellates go, you must be top of the heap to be able to type on a keyboard. @@kevinzink9063
It's no longer a consensual encounter when the cops refuse to leave or allow the home owners to end the encounter.
Also, I do know that some domestic violence does evolve the abusers hiding their victims, so I can understand the need to check for victims. But this video clearly shows that a phone call, with little details, no clear address, ends with innocent people being forced to give up their rights. This "if you have nothing to hide, lay down and roll over " is wrong.
Also - keeping a foot to stop people from closing their doors like that should be equal to putting someone to handcuffs. They take away guys freedom to close his own doors.
👏👏👏
also with all that commotion and the cops right there if a wife was there she would have been heard from
"placing a foot in the doorframe to prolong a consensual encounter" absolutely insane phrase, how can it be consensual if you're using physically preventing someone from ending the encounter. insane.
this is the very reason the 2nd amendment exists, but nothing will change until tyrants actually fear it being used for its intended purpose.
The various court districts stating that a particular rights violation was not established law in that district is BS. The US Constitution covers ALL 50 STATES regardless of district. A Constitutional right violation in ANY state is a violation in EVERY state.
I'll bet it's not in Arkansas, at least, according to the PD and DA.....
16:45
"Stop hurting your child"
Damn man! Corruption at the finest level
@@dingustm617What are you rambling about. There was no female in the apartment. The 🐷s just couldn't let go of their egos and admit they were wrong.
@@dingustm617Your username is appropriate. You are a Dingus 😂
@dingustm617 ya this guy acted like an idiot. People on this channel just hate cops lol
@@dingustm617Right, they didn't know, so they were being pieces of shit for trying to make something up and frame him as a bad person. It's called lying.
That's the intention right there. How dangerous cops willing to make life so much harder for nothing
I just love how cops can literally make up exigent circumstances out of thin air due to a "anonymous tip" to search your place
The citizen did himself no favors by continuing to yell at his kid to go to his room and close the door - which is suspicious. He did himself no favors by getting really angry - which is suspicious. Police were wrong, so was the citizen. If citizen was by himself Id say go for it bro, shoot for the moon... but disappointed he cared more about his rights than about providing security to his child by staying calm and allowing his son to come and say hi and that everything is ok. Unless... everything was not ok... its so easy to see this and only think within the letter of the law, but imagine you are a cop who wants to actually do good in the world and you are dealing with this guy... I love watching these videos and will call out an asshole when I see it, but the cops reacted the way they did inside the home because the citizen escalated things. They were both wrong. They both get a C imo.
If the guy was home alone or there are only adults in the house this is very different, but dude was acting so sus with his kid...
THEY DO IT BUT I DONT LOVE IT
@@jesselove3715 he’s under no obligation to subject, his kids to the harassment and overstep of the police. The call was about an issue with someone’s wife, no wife existed, they should’ve fucked off and left the kid alone. The father doesn’t need to “do himself any favors” the cops need to fuck off and make sure they know what they’re doing.
@@jesselove3715You get a 🤡 for being a 🤡
@@jesselove3715👈Loves to hear himself talk🥴Narcissist
Why do these policemen think that they CAN'T POSSIBLY BE WRONG ABOUT WHICH LOCATION THEY SHOULD BE AT? Nothing in this video says they checked to be sure. I have a friend who was swatted and the unknown caller said his wife was stabbed and bleeding and pleading for help. He told the Police that he was possibly being swatted. The only thing in the house was my friend and his 2 dogs and that is EXACTLY what he told the Police. He was very concerned about the police killing his 2 German shepherd dogs if they went into the house. He pointed out that between him and the officer, only one of them knew the TRUTH, and it certainly wasn't the officer. They forced their way in and found that he was absolutely correct.
I had sole custody of my children and my ex wife called the police constantly and social services to do welfare checks. I always let them in but I see now I probably shouldn’t have. Even my son got sick of it. I remember one time they invaded my house with state and local police and several cop cars and searched my house bc they said they had got a call that I was dealing drugs. It was after midnight on a school night and had 6 children sleeping before school the next morning. Freaked everyone out. I told them they were at the wrong house and that we had just moved there a month earlier. They came in anyways. Man was my rights violated so much during that time I finally got sick of it. Needless to say, I’m poor and they stole my kids a few years later. No case was ever brought up against me.
They asked him, "Do you need anything else from us?" The freaking audacity.
I think a B- is dramatically gracious for these officers, they forcibly made entry to his home without a warrant (violating his 4th), put hands on him to push him back into his dwelling (battery), and accused him of hurting his son.
But it is possible a court would find their actions lawful....and no charges were filed for hurting his son...so they didn't accuse him of anything. Hence the reason for the B-. Put your bias away.
@@kevinzink9063forget not that the officers had methods to de-escalate the situation but failed to do so. When given the opportunity to talk by simply removing their foot, they ignored the proposal and continued to argue with the resident. They had also made many other accusatory statements against the homeowner which only helped to escalate the situation further. There was a serious lack of understanding and respect from the officers. An argument for a lower rating is plausible. Please, put your bias away.
you seem to forget that they were within the bounds of their authority the entire time... I love it when people like to complain about the police when they are acting in good faith. this is why citizens shouldn't argue. Too many people like you have no clue what they're talking about
ATA is a closet copsucker. Every video is always framed with "however" and "could" statements to turn black and white into grey areas and he always does it only for cops. He tries to do whatever he can to minimize their criminal behavior and uses cops planning to justify their criminal actions. So basically every video is him being a police apologist.
@@CherryZbounds of authority based on what?
The cops claimed there was a call and we don't know the contents of the call.
Simply on the basis of a call, what statute gives cops the authority to bypass a warrant requirement?
Never open the door for the po-po, how many times do people have to be told..
"NO Sir...they should have asked 1. what is your address here 2. After the owner or occupant said it was not me and we have no female they should have verifed the NAME of WHO CALLED the police so they receive an FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF officers "F"!
I hope that whoever actually NEEDED the police is OK, since they thought it was more important to harass someone then try to find the individual who needed them.
Exactly while someone is in need of help they're busy harassing an innocent man 🤦♀️🤦♀️🙄
They get off on that shit, only way turds like then can
@@aprilshorty4094This guy made it 100% seem like they were at the right address.
@@AA-BBNo he didn't lol.
@@AA-BBOh.. How did he do that?
A "wellness check" is not "exigent circumstances"
Funny how you know that, but audit the audit is clueless
@@LightofRyga he actually does say that during the video if you watch the whole thing.
@@SiriusMined Then he gives them a B- and argues a court might agree they had reason to believe someone was in danger based on the totality of the circumstances (presumably factoring in the broken glass, which they only noticed in the first place because they unlawfully put their foot in the door). Audit the Audit is low key pro-cop.
@@notjohn439 not so low key lately
It's so funny to see so many people say he's pro-cop because he's not as harsh with the mark he gives as they would've liked. Listen to what he says, it matters more than the score he gives them. The facts don't care about your feelings and this channel doesn't exist to satisfy your dislike of cops.
It is absolutely ridiculous that closing the door while a pigcop is trespassing with his foot over the threshold can be considered assault on a pigcop! If they do not have the authority to enter then they don't have the authority to keep the door open by blocking it with their foot, or any other body part, and the resident MUST have the authority to remove unwanted and unauthorized people from the residence.
B-??? Yeah this is why I can’t take these ratings seriously at all. They accused the man of harming his son when they didn’t even call them.
Yeah & the man kept following their unlawful requests over & over to just see the child. That led to unsatisfied cops... "If you give a Moose a Cookie".
Exactly
ATA has lost the plot. He thinks it’s ok when peoples rights are violated for “safety” reasons. Get outta here!
As mentioned, it’s not known what was known to the officers. An anonymous tip may not be enough, but perhaps there is/was a wife who left the premises and made a specific report, which would certainly be viewed as reliable enough to create the exigent circumstances. We just don’t know. There could be information we are not privy to. I also agree that it seems by the demeanor of the cops that this did not seem to be a pretextual encounter trying to get at anything other than the safety of occupants that may be inside. If anything I would drop the grade of the citizen down to A- since he answered the door when he didn’t need to. Pretty hard to unring that bell. Though I also recognize this channel was primarily intended to be to grade auditors and not presumptively innocent citizens in non-consensual encounters.
@@osculant Agree with one caveat: If AtA doesn't know if the police has what it takes to enter a home without a warrant, how can he give a B- grade? Nobody knows if CJ is his son; yet the police yelled to the homeowner: "Stop hurting your son!" as they rushed forcefully throughout them. So, "the safety of occupants" argument crumbles completely. Lots of unknowns and ifs... If you don't know, don't judge.
'Stop hurting your Child, Stop hurting your Child'... disgusting behaviour.
And this is why you never, I mean never open the door for random people, including random, law-enforcement, that YOU did not call for! They can’t bust your door down unless they have a warrant! If you don’t open the door, you don’t respond, all is quiet, Keep the blinds closed, (if you’re on a ground level they will be looking in your windows) stay away from the door!! Exigent circumstances only applies. “ If” during the call, they actively hear violence through the phone line or when they arrive on the scene they can hear the violence and fighting, which would be on their body cam at least the sound) or if you state while you’re on the phone that you are hiding somewhere in the house from whomever broken or is doing you harm. If those circumstances don’t apply exigent circumstances, don’t apply If everything’s quiet they can’t just break your door down. If that were the case, there’s at least one person in every neighborhood who loves to call the cops on people, that’s their version of entertainment watching the cops harass people.
If i was any sort of law enforcement, and entered a house on a warrant or for any other reason, and the owner told me i was in the wrong house, id check, and if i was, id be utterly embarrassed, apologise and leave, very quickly.
His foot in the entry, despite the Texas law, was not a CONSENSUAL encounter. He had already canceled the consensual encounter and the police continued illegally.
If an anonymous call is sufficient to allow the police to enter and search your home without a warrant then the 6th amendment is completely invalidated.
Yeah. Texas law, right?
You mean the 4th amendment?
Now you're getting it. There is a legal way to circumvent every single right you have. Meaning, you effectively have no rights. But they pretend like you still do to keep you docile. Why risk a second revolution, when you can just change how things work, without changing what it says on paper? If a cop wants to stop you, they can manufacture any reason they want. They want you out of the car, they can order it, and it's law. Want in the car? Get the dogs, claim you were "reaching". Get what I mean? There is a loophole for every, single, right. You have rights in the same way The Democratic People's of North Korea, are "democratic".
Police are allowed to lie.
No, he meant the 6th because referring to the confront your accuser clause of the 6th.
This needs to be a lawsuit. The police could easily have found that there was no one else there by looking up public records or asking the apartment manager. Instead, they CHOSE to continue violating his rights. He gave them multiple courses they could have taken... they chose none of them.
Thank you for highlighting the nuances of this dilemma instead of just saying that the cops here did bad
Ditto
That's way too generous of a grade and ignores all their smug ignorant behavior. It did not seem clear they only wanted to ensure everyone was safe in the apartment. They accused him of harming his son, they intentionally escalated things once his son came out, and they prolonged the visit. It seemed clear they wanted to do what he was telling them they could not do just to prove they could. They get an F...maybe a D.
The grading system for this channel is bogus. I'd say a D or D- would be fair. For an F grade to have any meaning it should be reserved for incidents involving excessive force and/or unlawful arrest and/or false imprisonment and/or malicious use of the courts. Actions which leave a victim with any sort of long-term damages which can be easily proven.
I would give a D. Go watch his previous video it is almost just as bad. A mayor gets arrested for filming cops and addressing grievances and he sided with the police.
Smug, ignorant.. and abusive.
@@bchap1233 That was very different. That guy was acting like a crazy nut and almost got his dog killed walking between the cars as the dog ran free on the side of the road. He was convicted and the voters were so disgusted by his actions that he was voted out of office by 87% of them.
@@bchap1233so what you're saying is AtA is useless. Wouldn't surprise me if the channel got bought out
I think it’s interesting that a citizen can be arrested for something they don’t know is illegal, but a police officer gets an excuse that if they thought they were doing the right thing it’s all fine. Doesn’t seem right at all!
Truth said
Because the courts are FOS all the way to the Supreme Court. CORRUPT to the fkn core.
make it make sense right. What is the point of swearing in an officer, give them the authority to uphold the law up to the point of killing somebody if need be, yet allow them to be ignorant of the laws they are supposed to uphold and do not charge them with the same crimes you would charge anybody else regardless if they knew the law or not.
It's not right and shit isn't going to change until we make these people stand up against the wall.
@@0ne01The wall being, your front door closed. People need to just stop answering. Their sole purpose is to find something to put you in a cage.
THIS is why I have two heavy duty storm doors which are always locked. You can also get security screen doors with mesh that can't be torn out or broken, they even come with keyed locks so they can be an extra barrier when you are not home. NEVER open your door so that ANYONE can force their way in. There was a recent case of three home invaders dressed as Cops who got the homeowner to open the door and then forced their way in, guns drawn. When the Cop asks you to open your screen door, you tell them that you can hear them just fine.
Honestly, that dude dispalyed such a defensive motormouth, guilty behaviour if you ask me. If I was the officer, I would be incredibly suspicious of him.
The way the cop said “stop hurting your child” when they walked in was just despicable, obviously trying to justify arresting him for the camera
Sorry, but these tyrants get a straight F. I feel bad for this man, as he is actually being a man taking care of his son.
I unsubscribed. B minus?
@@beacon-313 Did you listen to his explanation? The officers reasonably could have been lawfully acting under exigent circumstances.
It's very easy for us to be mad at them because we get the advantage of hindsight and know that the guy didn't do anything wrong. But the cops didn't know that. And as long as they met the correct criteria, then their actions were just.
Think about a similar situation where there is domestic abuse happening. We want the cops to be able to act in those situations.
There were no circumstances any more than if I came over your house RIGHT NOW and saw a "mysterious stain" on your carpet. "We got a call" DOES NOT throw the constitution in the garbage!@@erikskaug9952
Audit the Audit needs its own audit. They have been flunking major league in past months.
@@erikskaug9952 You've got to be kidding. What you are saying is that cops should have carte blanche to claim "exigent circumstances" and enter any home at their discretion. The wording read out during the vid is that the cops' belief that something is wrong must be "objectively reasonable". That's clearly not the case when their entire basis for being there is "we got a call" and when they showed up there was no domestic incident occurring, no signs of one having occurred and the man's son telling them no one else was there and there was no problem.
Please, please, please tell me this guy will file a lawsuit against the officers...
Them not leaving & letting him close HIS door, when he KEEPS telling them get their feet out of the doorway, is very not ok.
Simple Statement : My personal welfare is none of your business
I also like how they said they needed to speak to his wife to make sure she was ok, but changed their story when they realized they weren't getting anywhere. Then they suddenly needed to push their way into his home to check on the dudes son that they have already seen at least 2 times.
I really hope this guy pursues legal action.
Yup, it’s clear it was just an ego issue with those cops. ATA giving a b- for the cops not violating his rights even further is hilariously transparent.
Never open your door! Period! Don’t even crack the door!
Absolutely ‼️‼️‼️
That's right!
Bottom line no matter what you do dealing with the police someone will find fault 😂 if he didn't open the door you best believe people would be saying just comply and they'll be on their way
no one should be opening their doors, but i definitely shouldn’t be!
(by the way, this was also in ARLINGTON TEXAS!!)
one time i cracked the door for two officers when i was sick. they lowkey intimidated a statement out of me because i’m not good at standing for myself. (there was some domestic issue at the neighbors) at the end, when i asked to not give my name, she just kept asking with different approaches. when i budged and gave my first name, she literally rolled her eyes and went “you know, first AND last name” - i told her then they left :(
shouldn’t regret the past, but i definitely reflect, frustrated with myself in that situation. (i didn’t even know anything besides they have a baby that cries sometimes)
The difficulty is that, if there truly were exigent circumstances, the police could break down the door leaving you with a repair bill that they will not pay.
1) never answer your door to a cop if you didn't call them.
2) never answer questions without a attorney present.
3) never consent to a search.
The chances of a federal judge of being corrupt is far less than a local judge.
The resulting lawsuit will not be in front of your corrupt local judges.
If the local judge was not corrupt, these cops would not be doing this.
Any time I need to start my day with rage, I can just watch one of these.
Ditto ‼️💕🙏🏼
Lol
I know. That guy made things way more difficult than needed.
B- was definitely a GENEROUS scoring. that gave me more rage than the actual injustice. that foot in the door …..eeeeeee
@@AA-BBLOL. Yeah clueless cops find it difficult when citizens know their constitutional rights.