Judge Fleischer, if you ever read these comments, i hope you know how important you are. I hope you know how badly we need more judges like you in this country, and i hope you know how much you are appreciated.
Me too, I was wondering the prob.cause for the Terry Frisk. Since he wasn't detained or under arrest, it looks like to me the defendant decided to go for an impromptu jog after refusing to answer questions.
He can be tough when he needs to be, for many think they are entitled to do whatever and get away with it and in this court, the Judge handles them fairly.
I was court appointed as counsel for a client who lived under a conservatorship for his estate, which was quite considerable due to the trauma he suffered during birth. His judgment level is stuck at early adolescence and he has cerebral palsy. He also lives in a very pricey, upscale neighborhood. The neighborhood was down the street from a 7-11.He’d show them his ID which showed he lived nearby, to no avail. They’d put him through sobriety tests even though he explained he wasn’t drunk, he had CP. His neighbors watched him go through this rigamarole on average of 2-3 times a week. I finally had to file a civil complaint against the local police department because he was being arrested for walking while black. The City finally agreed, as did the police department, that walking in lieu of driving was not probable cause, being Black in a predominantly white neighborhood was not probable cause, and walking oddly is not probable cause. I’m white and until a Black paralegal used the phrase of WWB, I’d never heard of such a thing. Except for my fees and related costs, my client wanted the police educated and policies changed in lieu of damages. Good on this judge!
This is awesome. I’m a nurse. I have worked with people with varying degrees of disabilities. I happen to have one myself now. I have Multiple Sclerosis. I have terrible balance. I have some cognitive issues with words and my memory. I slur my words rarely but it happens. I could be mistaken for drunk and I’m sober. I am also white and a female so I understand my privilege. I’m just happy to know ppl like u and your client exist. ❤
This man right here Reeks justice in the most beautiful way! Thank you for protecting our beautiful black community. Thank you for your heart! You are absolutely priceless and nobody will ever be you! ❤❤❤
Sre you saying that because social workers have a better sense of justice than a GED cop with a weeks of training and less range time than rank amateurs?
This was refreshing. Fleischer called it for what it was -- "(some normal activity) while black." From the few of his sessions I've seen, I thought he was just a one-note shtick (which often is inferred by the viewer due to the curated nature of everything on YT.) I'm glad to find that's not the case.
Where has this Judge been on my feed? He truly speaks tough-lovish, but in the defendants' language! Other than his dressing up like Mr. Bean with glasses, he is really great!
I like this judge more and more. He immediately realized this was a walking wild black situation, and he did the right thing by dismissing the charges. Good for him.
People are stopped by police because they fit a description of someone who recently committed a crime in that location, unfortunately, he “fit”the description at that time. No such thing as “ walking while black.” But there is such a thing of fitting a description of someone who just committed a crime. Shame on you judge for not telling the truth.
@@strangerous1313 you are a real jackass. Due to low vision, I use voice and it often miss spells or puts different words in. So sorry I didn’t see that it had said wild rather than while. Why don’t you try voice and see what happens?
@@Behonest5522 Really? What was missing from the charges as read that leads you to believe the cops were looking for a suspect that matched this guy's description? Feel free to be honest if you were just inventing a scenario to back up the ludicrous assertion that Black people aren't frequently profiled by police.
Why the heck would you as a parent give your kid a gun? How about tell your kid to keep your a** in the house and don’t go anywhere where you feel you might need to use it?
#1 He's a 19yo adult, so a "kid" but not a "child" #2 So a 19yo MAN is supposed to keep "his A@@ in the house" ( and not go to school, work, try to ADULT up) 😮 And unfortunately, for some ppl, EVERYWHERE is pretty much somewhere where "you feel you MIGHT need to use it" How familiar with America 🇺🇸 are you? On one hand, we have some dangerous ass environments, that are just dangerous, period, especially if one is in "his age group"....... On the OTHER hand, as the judge illustrated, he can get targeted for just WALKING in that skim complexion🙄 Sounds pretty much DAMNED either way, right? Again, if he can't WALK w/o the Cops bothering him....why would a sane person think....some "other" elements may target him, as well? You asked a seemingly valid question, but can you "comprehend" that the judge just showed you....some of the "why"
we are talking about Texas here. Concealed carry there is like breathing air. The point the judge made was clear. The guy was not stopped for any legitimate reason. They did not suspect that he was doing anything criminal he simply was in an area that was closed and used it as an excuse. Lots of people do exactly what the kid did I have personally stayed at parks after sunset all the time it hasn’t been a problem and if I were to have encountered police, it’s very likely I would’ve just been asked to leave and reminded the park was closed but that’s because I’m a white dude. The term “ walking while black” it’s just a blank term for crimes that are not typically enforced that are more often than not used as an excuse for police to illegally detain or search somebody specifically minorities. Jaywalking is a very common thing Most people do it. And many don’t even know that it’s technically a criminal offense to cross the street outside of a designated area because it’s just such a common thing to do especially on a lightly traffic street. But you get a cop that needs some sort of reason to justify stopping somebody and searching them off of a “hunch” and they will use an unenforced law as justification. There’s this legal principal called fruit of the poison tree, and basically what it means is that if a search uncovered a crime, but the reason for the search was unlawful than the evidence cannot be used in court. What they did was xame up with a pretext to justify a search the Judge saw through it and said no you don’t get your probable cause because of him doing something that was a super minor offense that shouldn’t have resulted in more then a “hey get out of your kid it’s after sunset the park is closed” from the officer.
also, he was charged with a evading, arrest and unlawful possession of a firearm. In Texas state law unlawful possession of a firearm is basically possessing a firearm while committing a crime. The crime committed was evading arrest. The evading arrest wasn’t really evading arrest. It was evading an unlawful search. It’s kinda like when people get charged and the only charge is resisting arrest. If you’re only charge is resisting arrest that means that you shouldn’t have been arrested in the first place. It’s a Catch-22. you committed the crime of not cooperating while not committing a crime.
Honestly the biggest issue I see here is (if the cops can be believed which is not likely) that he had a round in the chamber and also no proper holster. He is lucky the gun didn’t accidentally discharge while running or when it fell. And lucky no one including himself was hurt. Such dangerous carrying of a gun is exactly why Texas lax laws in letting anyone own a gun with limited education is insane. In other states to own a weapon requires at least a little bit of safety training. The least Texas can do if it is to provide the guy with free gun safety classes as compensation for the time he had to waste in court for an unlawful search.
They tried to search him with no probably cause we both know the cops didn’t see him reaching for his waist they just wanted to have a “legit” reason to violate his rights. He did run but they didn’t have a right to detain him in the first place. I’m not saying it’s right or wrong but law wise they had no right to do what they did and any evidence gained after is now inadmissible
If you listen to what the judge says, you'll understand that there was video. He said he sees the police walk up to the guy and immediately start searching, which is unconstitutional. He was being searched without being detained so he had every right to leave the scene.
@Marcus.Robinson clearly NOT legal in his case, hence why he was arrested. Even in Texas, there are laws in who can possess firearms and how. Running from the police with with a gun, while too young to possess it, is not “legal in Texas”
@@stevilknevil107the police has no reason to search him in the first place. Regardless of whether or not he was illegally carrying, there was no clear and articulable suspicion of criminal conduct, so the ends of justify the means. Within law enforcement, there exists the “Fruit of the Poisonous Tree” doctrine, which states that evidence of a crime found as the result of illegal conduct from a law enforcement officer (the gun in this case) is inadmissible in court and cannot be used in a trial. The cops began harassing this kid for walking while black with no suspicion of criminal activity. Judge Fleischer made the right call
7:10 She doesn’t have a Life she doesn’t DO ANYTHING WITH HER LIFE. That’s why she’s in this predicament. Plus she’s probably trying to be cool like her friends
This judge is a sharp and decent guy. He handled, walking while black, perfectly. I just watched Jugde Simpson screw one of those up so badly, I can't even watch him anymore. It is upsetting watching those kinds of arrests awarded by a judge. Thanks for this post, I needed it. 😊
“You gonna pick up a robbery at a Dollar General? C’mon, man.” Fleischer’s not infrequent indulgence in street lingo is disconcerting, indeed, distancing at times, but also rather adorable. He can watch the cookout from a respectable distance; admission under consideration.
I’m an old woman, that being said I can tell you that “man” and “c’mon man” was being said in the hippy 60’s and 70’s. I still use it as well as “cool” and others. So who’s grabbing onto whose lingo ? Chill out man.😊
You literally have a judge allowing your race to get away with crimes because they’re black, and you’re “disconcerted” because said judge doesn’t sufficiently walk on eggshells around black people. The entitlement is unreal.
Being in the park after it closes is reasonable suspicion of trespass The acting suspicions with the waste band alone might get a Terry frisk unfortunaelty the DA did not have more information or did not present it.
Report said "walking away from" not "was in" or even "we suspected he was trespassing in a closed park." Cops failed to articulate suspicion of a crime.
@@John_McJohnson Yep, that is the barrier and probably the reason he was not charged for that. The charging document is lacking details that justify the stop
The park is owned by the home owners association (private property) not the city or county. Cops cannot enforce the rules of a private park. The persons can be trespassed by an agent of the property but not by the cops. Judge understands the law thus there was no probable cause. Dismissed.
It’s one of the hazards of court and cop watching. It seems to bring out the racists. Saw a comment on Judge Simpson saying the only remarkable thing was seeing a black man with a job. I just couldn’t believe it.
Ok, I understand the no probable cause on the first one, but he doesn't address the fact that he isn't 21 and is in possession of a firearm without supervision of the legal owner?!? We literally just had a 14-year-old kill a father of 2 while he was at work....
You don’t need to show appreciation when the government does the bare minimum. Getting arrested and going to jail after an illegal arrest is not a good experience
This judge is amazing! Very fair! That's all we ask for as citizens from our justice system. I really wish it was him running for president instead of Kamala or Trump
I enjoy watching this judge and think he is a reasonable man but he got this one wrong. There is probable cause in the first case, not to a high level but there is. The defendant was in a closed park, and police made contact likely to advise that the park is closed after a certain time and that they can't go back into the park, during the conversation the defendant was fidgety and was constantly reaching for his waistband and pocket, that enough raises suspicion or belief that the defendant has something on his person that he should not have or at least that he doesn't want the police to know he has. They attempt to do a terry frisk on them and he instantly runs which again says he has something he doesn't want them to find, and bam there you go he has a gun. Regardless he had a gun with 41 bullets unlawfully and should be held accountable for that considering he has a prior juvenile case for the same thing.
My God, someone actually has a brain! I said the exact same thing. I had to look up the unlawful carry laws in Texas, and if I am not mistaken, they require the gun to be carried in a particular manner (holstered). My guess is that the gun was not properly carried, hence how it dropped to the ground during his attempted flee.
Ah yes the infamous “furtive movements” and “looks nervous” being probably cause for search. Nervousness isn’t probable cause for anything. I am nervous talking to normal people let alone cops with the power to send me to jail on made up charges or violate my rights with no consequences. Reaching towards his waistband is probable cause for responding to having saggy pants or maybe just a fidgeting response. You need better than that. There was no probable cause to stop these guys and talk to them long enough in the first place to even be able to observe “suspicious behavior”. Most white people in this situation would get a “Hey this area is closed and off limits move along!” Heck I have seen homeless people obviously on drugs be asked to move without requiring an interview. What likely happened is they saw two black men in an area that was wealthy. Stopped them for questioning and then decided to search them just because and wrote in the suspicious behavior after the fact because they know they are required to have at least the slightest amount of probable cause.
@LC-sc3en LOL, the search didn't reveal the gun. The running did. The gun dropped, making it plain view. The search didn't turn up anything because he ran. I bet there is alot of crime either near or at the park or the HOA asked them to patrol it due to recent issues. They just didn't do a very good job of articulating it, and it doesn't appear that the DA prepared well before this.
@LC-sc3en also, you don't need probable cause for a Terry Frisk or detainmemt, you only need reasonable suspicion. Him leaving the park after it being closed and now grabbing an area where a gun is known to be. And then now attempting to flee the detention. If they had known his age and the unsafe manner in which he was carrying the gun, which he mentioned by saying it dropped, that gives you probable cause for unlawful possession.
Two issues: if the man had no prior felony convictions or violent crimes, I applaud the judge for his decision. If the man was WHITE and he was searched/chased and found to have a weapon. Is that racial profiling? Walking while White? It’s a slippery slope when you govern your police with double standards. BTW, I’ve been given preferential treatment by a black cop almost exclusively because I was white. (He was looking for a black suspect) 😊
The white guy likely wouldn't have been stopped and had a Terry search performed on him in the first place. There's also no complex and egregious pervasive history of white guys being stopped and ending up jailed or worse with no probable cause. So it's not a double standard unless you can find an instance where Fleischer presided over an identical case with a white defendant, but failed to dismiss even though there was no probable cause for the frisk.
He was in the park after hours, that’s what he was doing. The officers had PC to approach him and let him know. They had a right to ask him for ID. He further gave police PC with his furtive movements and evasion. He should have been charged on both counts.
That is a maybe. He was not charged with the trespass. In Texas you only have to ID if you are under arrest not merely stopped The stop maybe unlawful if for example it was only 5 minutes after the park closed. The stop was a little anemic based on what information is on the video
Unfortunately, Fleisher decided to play the race card instead of allowing the state an opportunity to further expand on potential probable cause. I wasn't really a big fan of his style and he might wanna dial it back a smidge... just ask Judge Rangel how much playing the shtick card for RUclips can backfire. If I'm the prosecutor in this case, I'm considering refiling the charges to at least correct the probable cause error, which certainly seems correctable.
Um, nobody on this video is here illegally as far as the video shows. The statements about legal status and immigration are read after every guilty plea, regardless of ethnicity. Watch the third defendant, black woman read the exact same boilerplate statement about immigration.
The police had every right to stop them - to inform them that the park was closed and ask what they were doing (given that the park was closed). They then had every right to perform a Terry frisk due to the defendant’s actions - reaching for his waistband. The only way this is “walking while black” is if the park was still open to the public - and thus, the police would have had no reason to stop them. The judge WANTED to find no probable cause for this case.
"they then had every right to perform a Terry frisk due to the defendant’s actions" No. United States v. Weaver, No. 18-1697 (2d Cir. 2020) The court held that the officers lacked an objectively reasonable belief that defendant was armed and dangerous. The court stated that, at most, the officers had reason to believe that defendant possessed something illicit, but the Constitution requires that the officers have reason to believe this something was dangerous. Therefore, the suppression of the firearm was warranted as the fruit of an illegal search conducted in violation of the Fourth Amendment.
@@espgranny not at all, the idea is to follow the law regarding Terry Stop. Imagine it was 3 young ladies the officer stopped and FRISKED for suspicious movements; would it still be reasonable?
@@espgrannyhas nothing to do with the gun - they wouldn't have known about it had they not begun an illegal stop and seizure. that's a lack of probable cause.
@@ma32851 I dont need to go to another country to know policing has CHANGED for the WORSE in USA-Not peacekeepers but for their friends & family they sure are #KarenReadTrial Poe Poe’s are just the bottom barrel soldiers that drag in the human product in a R.I.C.O. Mafia for the profit of privatized prisons. For costs of courts & lawyers/judges/probation. Make a 911 call & PD will come and find a crime-if they cant find a crime they will taunt the weakest link (usually a drug addict) into acting out to arrest! They don’t help people ever they are there to arrest and raise revenue- Now in my day they were all excellent officers where MOST weren’t there for the pension annuity & stable paycheck - they were there to Keep you out of a court room NOT taunt you till your win f the local district court system for a year or two- Police today are merely revenue collectors hyped on the needle use filled with steroids
@@ma32851 Go to a divorce court hearing with wealthy people fighting-they get forced to pay an ad litem lawyer which costs between $500 $800 an HOUR for the child-Lawyers plot to keep it all going & take these fools that involve courts with simple child support issues-it’s all a money making RAQUET & The Product is paid for by tax paying citizens by extortion & Force! The interest alone courts charge should be a crime! They are not banks!
@@ma32851 just because other countries are worse doesn’t mean the US is not a police state. The US is a country that has civil forfeiture, immunity from cops needing to know the laws they enforce, police departments with stockpiles of surplus military gear and weapons, and a higher percentage of imprisoned people than even China (and that’s counting the genocide). And who is building a multi million dollar facility to train its cops in urban warfare. Where there is often no consequences for police perjuring themselves or using excessive force. And in this case decided you can stop and search people walking away from a closed park for looking suspicious despite no known crime having happened in that area? How is that NOT at least a little bit of a police state.
Am I dreaming? Is this AI-generated? What in the “arc of the universe… bends towards justice” world is this? Dang. Is the judge clout chasing because Simpson is blowing up all over the innerwebs right now? It matters not how strait {sic} the gate, how charged with punishments the toll, Mr. Abiola is a free man…today. Huzzah!
Just when I thought I couldn't stand Fleischer any further... I didn't particularly care for how he conducts himself on the bench even before this hearing and if this the best Harris County can do for judges, then it's no wonder Houston - and Harris County - have some problems.
Walking while black with an illegal. Democrats judges are such hypocrites. He first guy was breaking the law, and doesn't even get a slap on the wrist. Now he's free to continue breaking the law. And will probably continue to break the law because the judge is more concerned with why he was approached by the police than what he was actually doing.
What law he broke? It's Texas, so carrying a gun is no crime. The gun was legally bought. When they have nothing, police charge you resisting arrest even though you have committed no crime to get arrested.
Thank you Father God for this Judge we need a lot more Judges like this for hear the cases and make these fake cops accountable for their actions God Bless you may God watch over this Judge
First defendant. So guilty. 19 carrying a loaded gun. Mama bought him for Christmas. Glad I wasn’t in the park that night. He had one in the chamber waiting for someone to piss him off and this culture is very easily angered.
Yes unfortunately the police need to follow the rules regarding building a case. With all the laws we have everyone is guilty of something but the police have to start the process legally.
This is Texas. You are entitled to carry a weapon to defend yourself. You owe no explanation to anyone for exercising your second ammendment right. He's a teenager. Teenagers explore and do dumb things. It's terrifying how quick you are to agree with tyrannical suppression of human activity.
The park is owned by the home owners association (private property) not the city or county. Cops cannot enforce the rules of a private park. Judge understands the law thus there was no probable cause. Dismissed.
Let me know when a white dude is stopped and frisked for leaving a closed park and being nervous when approached by a cop. My guess he would because there are court cases where plenty of judges protected the rights of white men against illegal search. However, there are far less cases that would share the same traits. Since white men get stopped less for just walking from a park. that is closed.
Judge Fleischer, if you ever read these comments, i hope you know how important you are. I hope you know how badly we need more judges like you in this country, and i hope you know how much you are appreciated.
He has his own channel now, comment there for a better chance of him seeing it.
@@John_McJohnson What is the channel name?
@@meh7152 "Finding Justice with Judge Fleischer"
@@marcimonroe7352
African criminals 🤝 Jewish judges
@@marcimonroe7352 clown
The way the judge so quickly handled that first case actually healed a little bit of me. There truly is justice still in this world.
Me too, I was wondering the prob.cause for the Terry Frisk. Since he wasn't detained or under arrest, it looks like to me the defendant decided to go for an impromptu jog after refusing to answer questions.
He can be tough when he needs to be, for many think they are entitled to do whatever and get away with it and in this court, the Judge handles them fairly.
@Wheeler63 corny
The only thing that concerns me is the gun fell from his waist. He might want a holster of some kind to keep it secure?
justice? he should've gotten jail time.
I was court appointed as counsel for a client who lived under a conservatorship for his estate, which was quite considerable due to the trauma he suffered during birth. His judgment level is stuck at early adolescence and he has cerebral palsy. He also lives in a very pricey, upscale neighborhood. The neighborhood was down the street from a 7-11.He’d show them his ID which showed he lived nearby, to no avail. They’d put him through sobriety tests even though he explained he wasn’t drunk, he had CP. His neighbors watched him go through this rigamarole on average of 2-3 times a week. I finally had to file a civil complaint against the local police department because he was being arrested for walking while black. The City finally agreed, as did the police department, that walking in lieu of driving was not probable cause, being Black in a predominantly white neighborhood was not probable cause, and walking oddly is not probable cause. I’m white and until a Black paralegal used the phrase of WWB, I’d never heard of such a thing. Except for my fees and related costs, my client wanted the police educated and policies changed in lieu of damages. Good on this judge!
This is awesome. I’m a nurse. I have worked with people with varying degrees of disabilities. I happen to have one myself now. I have Multiple Sclerosis. I have terrible balance. I have some cognitive issues with words and my memory. I slur my words rarely but it happens. I could be mistaken for drunk and I’m sober. I am also white and a female so I understand my privilege. I’m just happy to know ppl like u and your client exist. ❤
This man right here Reeks justice in the most beautiful way! Thank you for protecting our beautiful black community. Thank you for your heart! You are absolutely priceless and nobody will ever be you! ❤❤❤
This judge is a social worker.
wonder how long thill that kid is Involved in some bob
Sre you saying that because social workers have a better sense of justice than a GED cop with a weeks of training and less range time than rank amateurs?
@@user-wq6hr2ei2d no I did not say that. You did
@@user-wq6hr2ei2d Yep
For all y'all complaining about this: the 4th amendment doesn't care about your feelings
Exactly. Many who complain about this don’t respect the constitution in its entirety. Especially when it pertains to 17% of America’s population.
This was refreshing. Fleischer called it for what it was -- "(some normal activity) while black." From the few of his sessions I've seen, I thought he was just a one-note shtick (which often is inferred by the viewer due to the curated nature of everything on YT.) I'm glad to find that's not the case.
First time I’ve seen a positive video from this judge.
Evil Jewish judge let’s blacks do whatever they want
Where has this Judge been on my feed? He truly speaks tough-lovish, but in the defendants' language! Other than his dressing up like Mr. Bean with glasses, he is really great!
Have you seen his pac man suit, lol.
@@jerome1lm hah! No, I haven't! Sounds like a treat!
I like this judge more and more. He immediately realized this was a walking wild black situation, and he did the right thing by dismissing the charges. Good for him.
While, not 'wild.' That one little mistake makes you sound racist. Do better.
@@strangerous1313Stop with the self righteousness. It was just a typo.
People are stopped by police because they fit a description of someone who recently committed a crime in that location, unfortunately, he “fit”the description at that time. No such thing as “ walking while black.” But there is such a thing of fitting a description of someone who just committed a crime. Shame on you judge for not telling the truth.
@@strangerous1313 you are a real jackass. Due to low vision, I use voice and it often miss spells or puts different words in. So sorry I didn’t see that it had said wild rather than while. Why don’t you try voice and see what happens?
@@Behonest5522 Really? What was missing from the charges as read that leads you to believe the cops were looking for a suspect that matched this guy's description? Feel free to be honest if you were just inventing a scenario to back up the ludicrous assertion that Black people aren't frequently profiled by police.
One that says it! Gotta love that!❤
Why the heck would you as a parent give your kid a gun? How about tell your kid to keep your a** in the house and don’t go anywhere where you feel you might need to use it?
#1 He's a 19yo adult, so a "kid" but not a "child"
#2 So a 19yo MAN is supposed to keep "his A@@ in the house" ( and not go to school, work, try to ADULT up) 😮
And unfortunately, for some ppl, EVERYWHERE is pretty much somewhere where "you feel you MIGHT need to use it"
How familiar with America 🇺🇸 are you?
On one hand, we have some dangerous ass environments, that are just dangerous, period, especially if one is in "his age group".......
On the OTHER hand, as the judge illustrated, he can get targeted for just WALKING in that skim complexion🙄
Sounds pretty much DAMNED either way, right?
Again, if he can't WALK w/o the Cops bothering him....why would a sane person think....some "other" elements may target him, as well?
You asked a seemingly valid question, but can you "comprehend" that the judge just showed you....some of the "why"
@@ericstewart517you said that a lot nicer than I would. He just compounded his stupid with every sentence.
we are talking about Texas here. Concealed carry there is like breathing air. The point the judge made was clear. The guy was not stopped for any legitimate reason. They did not suspect that he was doing anything criminal he simply was in an area that was closed and used it as an excuse. Lots of people do exactly what the kid did I have personally stayed at parks after sunset all the time it hasn’t been a problem and if I were to have encountered police, it’s very likely I would’ve just been asked to leave and reminded the park was closed but that’s because I’m a white dude. The term “ walking while black” it’s just a blank term for crimes that are not typically enforced that are more often than not used as an excuse for police to illegally detain or search somebody specifically minorities. Jaywalking is a very common thing Most people do it. And many don’t even know that it’s technically a criminal offense to cross the street outside of a designated area because it’s just such a common thing to do especially on a lightly traffic street. But you get a cop that needs some sort of reason to justify stopping somebody and searching them off of a “hunch” and they will use an unenforced law as justification. There’s this legal principal called fruit of the poison tree, and basically what it means is that if a search uncovered a crime, but the reason for the search was unlawful than the evidence cannot be used in court. What they did was xame up with a pretext to justify a search the Judge saw through it and said no you don’t get your probable cause because of him doing something that was a super minor offense that shouldn’t have resulted in more then a “hey get out of your kid it’s after sunset the park is closed” from the officer.
also, he was charged with a evading, arrest and unlawful possession of a firearm. In Texas state law unlawful possession of a firearm is basically possessing a firearm while committing a crime. The crime committed was evading arrest. The evading arrest wasn’t really evading arrest. It was evading an unlawful search. It’s kinda like when people get charged and the only charge is resisting arrest. If you’re only charge is resisting arrest that means that you shouldn’t have been arrested in the first place. It’s a Catch-22. you committed the crime of not cooperating while not committing a crime.
Honestly the biggest issue I see here is (if the cops can be believed which is not likely) that he had a round in the chamber and also no proper holster. He is lucky the gun didn’t accidentally discharge while running or when it fell. And lucky no one including himself was hurt.
Such dangerous carrying of a gun is exactly why Texas lax laws in letting anyone own a gun with limited education is insane. In other states to own a weapon requires at least a little bit of safety training. The least Texas can do if it is to provide the guy with free gun safety classes as compensation for the time he had to waste in court for an unlawful search.
Finally a good judge waisted on a man who seemed not too even realize what was happening what a waste of
Right on Judge
That laughing lawyer completely misleading the room
Finally a honest judge
He says this alot . Walking while black . But I’m sure most of it is the case .
Wow that first case wow
They didn’t find the gun while doing an illegal search! The gun fell after he ran away-
They tried to search him with no probably cause we both know the cops didn’t see him reaching for his waist they just wanted to have a “legit” reason to violate his rights. He did run but they didn’t have a right to detain him in the first place. I’m not saying it’s right or wrong but law wise they had no right to do what they did and any evidence gained after is now inadmissible
If you listen to what the judge says, you'll understand that there was video. He said he sees the police walk up to the guy and immediately start searching, which is unconstitutional. He was being searched without being detained so he had every right to leave the scene.
Oh my God, someone has working EARS!!!!
that's a lot of ammo for a stroll in the park
Counterpoint: Texas.
It’s perfectly legal in Texas
Yea less than 2 magazines better call In the national guard.
@Marcus.Robinson clearly NOT legal in his case, hence why he was arrested. Even in Texas, there are laws in who can possess firearms and how. Running from the police with with a gun, while too young to possess it, is not “legal in Texas”
@@stevilknevil107the police has no reason to search him in the first place. Regardless of whether or not he was illegally carrying, there was no clear and articulable suspicion of criminal conduct, so the ends of justify the means. Within law enforcement, there exists the “Fruit of the Poisonous Tree” doctrine, which states that evidence of a crime found as the result of illegal conduct from a law enforcement officer (the gun in this case) is inadmissible in court and cannot be used in a trial. The cops began harassing this kid for walking while black with no suspicion of criminal activity. Judge Fleischer made the right call
7:10 She doesn’t have a Life she doesn’t DO ANYTHING WITH HER LIFE. That’s why she’s in this predicament. Plus she’s probably trying to be cool like her friends
This judge is a sharp and decent guy. He handled, walking while black, perfectly. I just watched Jugde Simpson screw one of those up so badly, I can't even watch him anymore. It is upsetting watching those kinds of arrests awarded by a judge. Thanks for this post, I needed it. 😊
Can you tell me the name of the Simpson video? Would love to see that. Thank you. 😊
Love this judge
As if I didn’t already love Judge Fleischer 😍
Best judge ever!!
One of my fav judges hes funny and real
Prom tux! 😂😂😂😂
Is the judge wearing his prom suit?
He’s cosplaying as Peewee Herman
@@stevilknevil107He’s rocking it!
“You gonna pick up a robbery at a Dollar General? C’mon, man.” Fleischer’s not infrequent indulgence in street lingo is disconcerting, indeed, distancing at times, but also rather adorable. He can watch the cookout from a respectable distance; admission under consideration.
I’m an old woman, that being said I can tell you that “man” and “c’mon man” was being said in the hippy 60’s and 70’s. I still use it as well as “cool” and others. So who’s grabbing onto whose lingo ? Chill out man.😊
" watch the cookout from a respectable distance" 🤣🤣🤣
You literally have a judge allowing your race to get away with crimes because they’re black, and you’re “disconcerted” because said judge doesn’t sufficiently walk on eggshells around black people. The entitlement is unreal.
What's the lawyer talking about at the end of the video?
America is a mad place. Parents buy guns for their children
I guarentee you every other country in the world is wilder.
@@eightyoutube11 Canada? Dubai? New Zealand?
@@danialiqbal1045
😂😂😂 you don’t know anything about those countries. People from Canada Dubai and New Zealand move HERE
@@danialiqbal1045 literally an active slave trade in dubai so idk about that one bud.
@@eightyoutube11 And you have the receipts to show that you're the world traveller you're pretending to be here?
He’s an eccentric fellow.
Being in the park after it closes is reasonable suspicion of trespass The acting suspicions with the waste band alone might get a Terry frisk unfortunaelty the DA did not have more information or did not present it.
Report said "walking away from" not "was in" or even "we suspected he was trespassing in a closed park."
Cops failed to articulate suspicion of a crime.
@@John_McJohnson
Yep, that is the barrier and probably the reason he was not charged for that.
The charging document is lacking details that justify the stop
The park is owned by the home owners association (private property) not the city or county. Cops cannot enforce the rules of a private park. The persons can be trespassed by an agent of the property but not by the cops. Judge understands the law thus there was no probable cause. Dismissed.
@@misst642 Meh
The owners can authorize the police to be their agent especially for trespass
Happens a lot
@@jeffnorris8848true but they offered 0 evidence of that so it doesn’t matter.
It's heartbreaking really. You'll have the racists in the comment section pretending it doesn't exist.
It’s one of the hazards of court and cop watching. It seems to bring out the racists. Saw a comment on Judge Simpson saying the only remarkable thing was seeing a black man with a job. I just couldn’t believe it.
The comment section definitely exists
Already found one and called them out for it.
who cares what comment section people have to say loll
I’m happy the judge is took action BUT, the guy did have a gun & he did run so I mean….what does that tell you ?
Absolutely nothing.
I thought bearing arms was something you valued in Crazystan? Or does that only apply if the wielder is white?
white guys do that all the time without hassle. they call it 2nd amendment...
Texas your allowed to carry concealed guns.
That the police doesn't have to follow the law?
The judge must be Peewee Herman’s brother.
So I can be in a closed place without breaking a law? I will refer to Judge Fleischer when I get a summons.
Ok, I understand the no probable cause on the first one, but he doesn't address the fact that he isn't 21 and is in possession of a firearm without supervision of the legal owner?!? We literally just had a 14-year-old kill a father of 2 while he was at work....
Everything after the no problem cause stop is fruit of poisonous tree and not admissible.
No legal reason to stop and search, means everything coming from the stop is unusable evidence.
The fruit of the poison tree is poisoned.
Thata all irrelevant once the probably cause goes away.
They had no right to search him.
Fruit of the poisoned tree
@Wheeler63 Not even close, have you even seen judges?
@Wheeler63 I'm going to doubt your claim, the only lawyer who could say that is either a paper pusher, or playing easy mode as a prosecutor.
Walking whilst black dude could at least have thanked him! Spot on judge but zero appreciation.
You don’t need to show appreciation when the government does the bare minimum. Getting arrested and going to jail after an illegal arrest is not a good experience
❤ The Fleisch ❤
WE NEED MORE JUDGES LIKE HIM
What an astounding display of flippancy and unserious jurisprudence. That’s crazy.
You misspelled "humanity" there.
jew judge
And? So he is Jewish.
This judge is amazing! Very fair! That's all we ask for as citizens from our justice system. I really wish it was him running for president instead of Kamala or Trump
People tired of all this racism stuff it's time for a change and that judge know one day he will have to face the real judge one day and that's God
I enjoy watching this judge and think he is a reasonable man but he got this one wrong. There is probable cause in the first case, not to a high level but there is. The defendant was in a closed park, and police made contact likely to advise that the park is closed after a certain time and that they can't go back into the park, during the conversation the defendant was fidgety and was constantly reaching for his waistband and pocket, that enough raises suspicion or belief that the defendant has something on his person that he should not have or at least that he doesn't want the police to know he has. They attempt to do a terry frisk on them and he instantly runs which again says he has something he doesn't want them to find, and bam there you go he has a gun. Regardless he had a gun with 41 bullets unlawfully and should be held accountable for that considering he has a prior juvenile case for the same thing.
My God, someone actually has a brain! I said the exact same thing. I had to look up the unlawful carry laws in Texas, and if I am not mistaken, they require the gun to be carried in a particular manner (holstered). My guess is that the gun was not properly carried, hence how it dropped to the ground during his attempted flee.
Ah yes the infamous “furtive movements” and “looks nervous” being probably cause for search.
Nervousness isn’t probable cause for anything. I am nervous talking to normal people let alone cops with the power to send me to jail on made up charges or violate my rights with no consequences.
Reaching towards his waistband is probable cause for responding to having saggy pants or maybe just a fidgeting response. You need better than that.
There was no probable cause to stop these guys and talk to them long enough in the first place to even be able to observe “suspicious behavior”.
Most white people in this situation would get a “Hey this area is closed and off limits move along!”
Heck I have seen homeless people obviously on drugs be asked to move without requiring an interview.
What likely happened is they saw two black men in an area that was wealthy. Stopped them for questioning and then decided to search them just because and wrote in the suspicious behavior after the fact because they know they are required to have at least the slightest amount of probable cause.
@LC-sc3en LOL, the search didn't reveal the gun. The running did. The gun dropped, making it plain view. The search didn't turn up anything because he ran. I bet there is alot of crime either near or at the park or the HOA asked them to patrol it due to recent issues. They just didn't do a very good job of articulating it, and it doesn't appear that the DA prepared well before this.
@LC-sc3en also, you don't need probable cause for a Terry Frisk or detainmemt, you only need reasonable suspicion. Him leaving the park after it being closed and now grabbing an area where a gun is known to be. And then now attempting to flee the detention. If they had known his age and the unsafe manner in which he was carrying the gun, which he mentioned by saying it dropped, that gives you probable cause for unlawful possession.
@@LC-sc3enmost whites don't carry guns in parks at night and bolt from a terry frisk.
Two issues: if the man had no prior felony convictions or violent crimes, I applaud the judge for his decision.
If the man was WHITE and he was searched/chased and found to have a weapon. Is that racial profiling? Walking while White? It’s a slippery slope when you govern your police with double standards.
BTW, I’ve been given preferential treatment by a black cop almost exclusively because I was white. (He was looking for a black suspect) 😊
The white guy likely wouldn't have been stopped and had a Terry search performed on him in the first place. There's also no complex and egregious pervasive history of white guys being stopped and ending up jailed or worse with no probable cause.
So it's not a double standard unless you can find an instance where Fleischer presided over an identical case with a white defendant, but failed to dismiss even though there was no probable cause for the frisk.
"If the man was WHITE and he was searched/chased and found to have a weapon..."
Hardly ever happens. That's the *entire* point.
Why is a lounge singer at the judges bench?
😂
I know right 😂😂😂 He’s satisfying both of his dreams at the same time
It's his old prom tux! 😅😅😅😅
Now we all know that kid was probably up to know good but the judge is correct. Hopefully he takes his break and changes his life but the odds are low
He was in the park after hours, that’s what he was doing. The officers had PC to approach him and let him know. They had a right to ask him for ID. He further gave police PC with his furtive movements and evasion. He should have been charged on both counts.
💯
That is a maybe.
He was not charged with the trespass.
In Texas you only have to ID if you are under arrest not merely stopped
The stop maybe unlawful if for example it was only 5 minutes after the park closed.
The stop was a little anemic based on what information is on the video
Unfortunately, Fleisher decided to play the race card instead of allowing the state an opportunity to further expand on potential probable cause. I wasn't really a big fan of his style and he might wanna dial it back a smidge... just ask Judge Rangel how much playing the shtick card for RUclips can backfire.
If I'm the prosecutor in this case, I'm considering refiling the charges to at least correct the probable cause error, which certainly seems correctable.
@@CreightonRabs I agree the DA did not pushback.
Is it possible he does not have facts sufficient to push back with to make PC for these charges?
Listen to him read the police report, the cops didn't say he was in the park, they said he was walking away from it.
The country is gone!! One guy is here illegally and been arrested multiple times!!! WTF
Um, nobody on this video is here illegally as far as the video shows. The statements about legal status and immigration are read after every guilty plea, regardless of ethnicity. Watch the third defendant, black woman read the exact same boilerplate statement about immigration.
The police had every right to stop them - to inform them that the park was closed and ask what they were doing (given that the park was closed). They then had every right to perform a Terry frisk due to the defendant’s actions - reaching for his waistband. The only way this is “walking while black” is if the park was still open to the public - and thus, the police would have had no reason to stop them. The judge WANTED to find no probable cause for this case.
"they then had every right to perform a Terry frisk due to the defendant’s actions"
No. United States v. Weaver, No. 18-1697 (2d Cir. 2020)
The court held that the officers lacked an objectively reasonable belief that defendant was armed and dangerous. The court stated that, at most, the officers had reason to believe that defendant possessed something illicit, but the Constitution requires that the officers have reason to believe this something was dangerous. Therefore, the suppression of the firearm was warranted as the fruit of an illegal search conducted in violation of the Fourth Amendment.
Looks like comments here are thinking its ok for 19 yr old with glok and extra magazine.
@@espgranny not at all, the idea is to follow the law regarding Terry Stop.
Imagine it was 3 young ladies the officer stopped and FRISKED for suspicious movements; would it still be reasonable?
@@espgrannyhas nothing to do with the gun - they wouldn't have known about it had they not begun an illegal stop and seizure. that's a lack of probable cause.
Did you forget to listen to the case ?? Police had no right to
This country is officially a Police State!
Tell us you've never traveled to a foreign country without telling us that you've never traveled to a foreign country.
@@ma32851 I dont need to go to another country to know policing has CHANGED for the WORSE in USA-Not peacekeepers but for their friends & family they sure are #KarenReadTrial Poe Poe’s are just the bottom barrel soldiers that drag in the human product in a R.I.C.O. Mafia for the profit of privatized prisons. For costs of courts & lawyers/judges/probation. Make a 911 call & PD will come and find a crime-if they cant find a crime they will taunt the weakest link (usually a drug addict) into acting out to arrest! They don’t help people ever they are there to arrest and raise revenue-
Now in my day they were all excellent officers where MOST weren’t there for the pension annuity & stable paycheck - they were there to Keep you out of a court room NOT taunt you till your win f the local district court system for a year or two- Police today are merely revenue collectors hyped on the needle use filled with steroids
@@ma32851 Go to a divorce court hearing with wealthy people fighting-they get forced to pay an ad litem lawyer which costs between $500 $800 an HOUR for the child-Lawyers plot to keep it all going & take these fools that involve courts with simple child support issues-it’s all a money making RAQUET & The Product is paid for by tax paying citizens by extortion & Force! The interest alone courts charge should be a crime! They are not banks!
@@ma32851 just because other countries are worse doesn’t mean the US is not a police state.
The US is a country that has civil forfeiture, immunity from cops needing to know the laws they enforce, police departments with stockpiles of surplus military gear and weapons, and a higher percentage of imprisoned people than even China (and that’s counting the genocide). And who is building a multi million dollar facility to train its cops in urban warfare. Where there is often no consequences for police perjuring themselves or using excessive force.
And in this case decided you can stop and search people walking away from a closed park for looking suspicious despite no known crime having happened in that area?
How is that NOT at least a little bit of a police state.
Am I dreaming? Is this AI-generated? What in the “arc of the universe… bends towards justice” world is this? Dang. Is the judge clout chasing because Simpson is blowing up all over the innerwebs right now? It matters not how strait {sic} the gate, how charged with punishments the toll, Mr. Abiola is a free man…today. Huzzah!
Just when I thought I couldn't stand Fleischer any further... I didn't particularly care for how he conducts himself on the bench even before this hearing and if this the best Harris County can do for judges, then it's no wonder Houston - and Harris County - have some problems.
Oh no a judge that upholds the law what a travesty.
awwww the racist doesn't like others not being bigots 😢😢😢😢 cry baby boy this is the future 🏳️🌈
awwww the racist doesn't like others not being bigots 😢😢😢😢 cry baby boy this is the future 🏳️🌈
awwww the racist doesn't like others not being bigots 😢😢😢😢 cry baby boy this is the future 🏳️🌈
awwww the racist doesn't like others not being bigots 😢😢😢😢 cry baby boy this is the future 🏳️🌈
These Judges only hurt the people in the community who have to live with these people. You want to know why our cities are crumbling look right here.
You mean like Police stepping on people's rights?
Our cities are fine. Some recovering from Covid and natural disasters. But it is largely the rural areas that are crumbling.
Walking while black with an illegal. Democrats judges are such hypocrites. He first guy was breaking the law, and doesn't even get a slap on the wrist. Now he's free to continue breaking the law. And will probably continue to break the law because the judge is more concerned with why he was approached by the police than what he was actually doing.
Illegal what
Wait so being racist is ok as long as it's the police doing it?
Are you scared of black people being able to own guns?
What law he broke? It's Texas, so carrying a gun is no crime. The gun was legally bought. When they have nothing, police charge you resisting arrest even though you have committed no crime to get arrested.
Keep in mind - the gun was legal and the carry was legal.
Thank you Father God for this Judge we need a lot more Judges like this for hear the cases and make these fake cops accountable for their actions God Bless you may God watch over this Judge
First defendant. So guilty. 19 carrying a loaded gun. Mama bought him for Christmas. Glad I wasn’t in the park that night. He had one in the chamber waiting for someone to piss him off and this culture is very easily angered.
Yes unfortunately the police need to follow the rules regarding building a case. With all the laws we have everyone is guilty of something but the police have to start the process legally.
This is Texas. You are entitled to carry a weapon to defend yourself. You owe no explanation to anyone for exercising your second ammendment right. He's a teenager. Teenagers explore and do dumb things. It's terrifying how quick you are to agree with tyrannical suppression of human activity.
Which "culture" are you implying? He looked like an American to me.
Are you not pro 2nd amendment?
The park is owned by the home owners association (private property) not the city or county. Cops cannot enforce the rules of a private park. Judge understands the law thus there was no probable cause.
Dismissed.
Lousy Jew
Get rid of judge
What for?
This judge is awesome!!
lets see if he treats a white guy the same way
Lets see if cops treat a white guy the same way.
Let me know when a white dude is stopped and frisked for leaving a closed park and being nervous when approached by a cop.
My guess he would because there are court cases where plenty of judges protected the rights of white men against illegal search. However, there are far less cases that would share the same traits. Since white men get stopped less for just walking from a park. that is closed.