No it’s called I can’t remember every specific detail of a case by memory again I do not understand why these cops in Kentucky do not have all their nails with them on the stand. Really stupid given the judge the prosecuting attorney and the defense attorney all have that evidence in front of them during cross and exam. Can somebody please explain this to me. I am a retired 22 year lawn Forssman officer out of California. I have never taken the stand without having all of my notes with me.
@@arkyologist I have been falsely arrested before and I remember having to sign for my personal belongings. There was a list of everything on my person that was inventoried. Wouldn't tokens have been inventoried and why wasn't this submitted into evidence?
I have to disagree there, you fight the charges in court not on the street. Making it legal to resist arrest if you are found not guilty is only going to reduce safety for both cops and citizens. You would end up with escalated arrests were more force is required by police to make an arrest because people feel they have a right to resist, but without anyway for them or the cops to know for sure who is right and who is wrong. A better option would be to keep it as it is, if you get arrested you get arrested and can’t legally resist, but add a financial aspect where you are compensated automatically if its found to be wrongful arrest. And make the specific police force that arrested you responsible for that compensation as a punitive measure.
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005). QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!) - QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
They lie so much I think they actually start believing their own lies so it’s really easy for them. Scum of this earth, bottom feeders is all this cop is and yet he walks away with no punishment for falsely arresting someone, that’s bs and that cop needs punished by the people then since cop lover judge won’t do it. Tired of this shit
I almost got arrested when I was standing outside a bar waiting for an uber. They said because i had my keys on me and my car was locked in the parking lot, i had intent to drive home. Even though i showed them i had an uber 2 minutes away. Then the officer tried to solicit the uber driver into saying he saw me get in my car. He didnt. Literally cant do the right thing any more without getting harassed.
I was a juror in a DUI where the driver was sitting outside in his car in the bar parking lot listening to his radio when the cop arrested him for DUI. in the video he states hes waiting for friend to pick him up, during the sobriety test those people showed up in the video wondering what's going on, and said they were there to pick him up. so this man was arrested for during the right thing.... Broward County Ft Lauderdale, Florida.
The moral of the story is that whenever you're drinking at the bar, get in your car and drive home. The penalty for doing the right thing and calling a friend for a ride is the same: a DUI.
@@e-curb A police officer in the city where I went to college was an alum of my fraternity, and told me that if you are in the driver's seat and have the means to start the vehicle, that *is* grounds for DUI action, even if you are asleep. But, like in this type of case, just sit on the passenger's side of the car and they cannot make a case you might have, could have, or intended to drive. All they can try to pin is public intoxication, which is not generally an arrestable offense unless compounded with other offenses like creating a scene or the snnoyed officer's favorite, disorderly conduct.
@Michael Gower That officer half-lied to you. Look up cases where DUI arrests are made of drunk people, in bar parking lots, and the cases get dusmissed, because they were trying to stay warm on a cold night while smoking a cigarette..
Yup cops can decide to forget whatever they want or recall things that didn’t happen. If there are no third party witnesses or cameras, the cops memory is considered fact where as yours is considered a self-serving lie.
@@97vipa But if it wasn't important enough to them to put into their initial police report OR Affidavit then obviously there's something wrong. Its obvious they had no legal reason for the arrest, and they're to serve citizens first, not the county or city or state or federal government, the CITIZENS. So although "I don't recall" is a good legal tactic, it inherently breaks their oath to "protect and serve" the community if they are just choosing to leave out details that won't help the prosecution. Its one thing for an average citizen to help their case because its THEIR life and job and family and friends and freedom and money and reputation etc etc, but a cop who, 99.99999999999999999% of the time, won't be reprimanded, fired, charged, let alone CONVICTED for stuff far worse then this has no reason to not recall or tell the truth in what they remember; even if it hurts the prosecution because they shouldnt be TRYING for conviction, but letting the court decide. Prosecution shouldn't be trying to find one person guilty, but the guilty party of a crime that has been committed. Crimes should be found (and investigated) or witnessed, not sought out by Prosecuters or Law Enforcement. Thats plain wrong. Technically illegal but everyone knows it happens yet its so hard to prove.
NO RIGHT TO LIFE! ILLUSORY GUN LAWS: Punish and permanently remove 2nd amendment gun rights for drinking/smoking pot & driving offenses! (CONTINUE READING!) Who is the injured party to question in court when all offenses are pullover-and-blow arrests or, I smelt the odor of marijuana void of accident, incident, victim, or injured party, but you're going to jail and no more guns for you, ever? This black law clearly denies Jurisprudence! State law says 3 offenses in a lifetime create a permanent non-reversible felony. These newly created (Mom & Dad) "non-violent" FELONS cannot ever hunt, protect themselves, their wealth, or their families! Eternal Felons/Eternal Slaves!!! (If a citizen has NO RIGHT to defend their life, there is NO RIGHT TO LIFE!) The ILLUSORY LAW has nexus by illusion with federal law and is based on imaginary death and destruction created by MADD! The felony law does not distinguish between "having a victim and injured party" vs "victimless" without any victim or injured party! (Simple pullover & blow arrests!) When DUIs are victimless & non-violent, without having any injured party or victim to confront in court, the severity of eternal punishment should never abolish the 2nd amendment gun right ... IRONICALLY the law allows the DUI (Driving under the Influence) driver to keep the driving privilege while eternally removing the 2nd amendment right based on a BLOWING MACHINE or by odorous smell. (Ironic) Current law clearly lacks distinction and jurisprudence between two distinct separate classes of offenses! THE ILLUSORY BLACK WALDO LAW INVENTS SLAVERY AND SERVITUDE OUT OF THIN AIR, WITHOUT REQUIRING A VICTIM!....... - Turtletruth (Semper Fidelis)..
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005). QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!) - QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
Resisting arrest needs to be dropped as well. If she's saying he should have never been arrested then resisting needs to go out the window, especially if it's something minor like this
Resisting arrest shouldn't even be a charge. Whether guilty or not, and if guilty, no matter the severity of the crime, resisting being arrested is a normal reaction to what is happening and dealing with that is what the police are paid to do and it is why they have tasers, handcuffs and the authority to use physical force.
@@oliver9089 In the very least it shouldn't be so lax. I could understand if you slug a cop, try to run or what ever. But "resisting arrest" in many cases is simply not walking fast enough aka dragging your feet. Or in this case the claim he didn't put his arms together for them to cuff him easier. Way too much of that is in the hands of the cop to just make a judgement. They can quite easily slap resisting arrest on almost any one they want. Which is funny because yes the charge to resist can stick when nothing else does.
Right if the arrest wasn’t lawful because there’s no probable cause, it’s not an arrest. They’re committing a crime on the citizen at that point and he’d be in the right to defend himself in the manner he did id venture. That drives me nuts that there’s even anything to discuss about the resisting charge after the verdict. You literally JUST ruled the arrest was unlawful. Even if they’re cops just trying to do their job, at that point it should be no different than anyone else wrapping someone up and sticking them in their car
The current case law is pretty clear that you can charged for resisting arrest even if the law a cop thinks you are breaking doesn't even exist, so long as the cop thought you might have committed something they consider to be a crime. The real answer if you think is this bad is to push for actual legislation changing this.
You can be arrested for "resisting arrest", for walking away from an officer. It's weird, when no arrest was never announced, but getting arrested can happen, if you ever talk to the police. Even as a witness. "Resisting arrest", is a bit vague.
It's amazing whenever these law enforcement officers remembers everything whenever talking to the district attorneys, however they forget almost everything once talking to the defense attorney..
Shocking! A judge actually makes a ruling that was not biased. We need more judges like her, fair and unbiased. Oh and most importantly, we need more lawyers like you! Ones that take their job seriously and treat each case with importance.
What is so shocking about it? I don't know what well you drink from, but the chances are pretty good that you will get a fair hearing. Sometimes people get shafted, but I don't believe that our system of justice is corrupt that every time the judge adjudicates properly it is an exception.
@@oicu812brazell8 She's got to work with them every day so there is no reason for her, especially on a case as legally complicated as this, to start antagonizing anyopne.
Yep happened to me in NC. I was driving a truck for a living and had a layover on the coast. There was a hurricane coming the next evening so all the restaurants on the beach were selling booze and food half price so they didn't have to store it elsewhere. I have a few drinks with my meal and retired to my truck and went to bed. Sometime during the night an officer knock on my door and woke me. I stepped out of the sleeper to answer the door and he wanted to let me know they were going to evacuate the area starting around noon that next day. I informed him I would be gone by 9am. He left and I went back to bed. A few minutes later another knock at my door. This time it was a state trooper. He proceeded to get me out of the truck and give me a sobriety test that said I was .08 .02 over the legal limit for a CDL operator and took me to jail for DUI because the truck was running. Mind you this was my home and it was over 90 degrees outside and I need air conditioning to sleep. Long story short and attorney fees, it was dismissed. But not before I was fired from the company for the charge alone. These cops were only seeing dollar signs and were complete assholes.
This is a classic case of " Care and Control of a motor vehicle while impaired ." It doesn't even have to be running or you in the vehicle. You just need to have the keys in your pocket and the vehicle nearby. You were lucky to get off.
I made a judge do exactly that. Apologize to the police officers who were no more than 8 ft away from me. I was caught riding my dirt bike on public land power poles I don't know who it belong to but cops gave me a big ticket and I said I'm going to court and I showed that there were no signs saying no entry allowed in fact of there were no signs at all. I took pictures of all that and took all those pictures with me to the court. I presented my case with a map of the riding area. Anyway long story short the judge sided with me and apologized to the police officers I believe there were four of those pepperheads. And when she decided I looked at them and grinned at them like you assholes LOLOLOL I walked out of that Courthouse like walking on a cloud. I was SO tickled because I defeated those assholes.
Its crazy to me that the judge felt like she needed to soften the blow by praising and halfway apologizing to make them feel better for them being wrong
If the case comes to court and they are proved wrong - that should go on their record. The priority of a police force is to serve/protect. After that if they observe actual criminality, arrest and help convict. They have forgotten their priorities and now lie violate our rights to build the arrest/conviction rate in a lot of jurisdictions. Hopefully one of the worst violations (CAF) is on it's way out now.
I find it very disturbing that once the officers realized that he was going back inside, they continued to try and ruin a guy's life. It's even more disturbing that a procecuter would try to inflate the circumstances to get a win instead of correcting a wrong done by the officers. Seems the officers and DA's have lost sight of who the bad guys are.
These police do not see the every day citizen as an equal. Its not hard for them to undervalue the life of what they perceive as livestock that they make profit off of.
That cop literally is one of those people everyone hates. “The defendant made a statement?” “No, he made an EXCITED UTTERANCE” he’s the type of guy that argues every point with you because the sound of his own voice talking gives him immense pleasure. In short…. A douche canoe.
Guy got arrested for sitting on a bench on private property waiting for an Uber after establishment closed. Police pull up saying he was suspicious possibly breaking into businesses and decided while they were there to arrest for public drunkenness. You damn well can't have responsible drunks waiting for ubers outside bars
I would hope the man could find an attorney to sue the officers for violating his civil rights. He had to show them his private phone before they would believe him where is the man's 4th amendment rights.
Believe this was settled out of.court and the Uber driver was the main witness for him as he arrived as the cops where arresting him. He told them he was there to pick him up. They dismissed this and continued to cuff and stuff him into their cop car. The sent a letter of intent after all charges got dropped ? So they paid up.
@glennwall552 I was afraid he would have to go through the wringer. Without the video things would have gone standard direction public intoxication resisting arrest disturbing the peace etc. b
The 1st officer testified that he was involved in an exceptionally high number of alcohol related arrests. Then he is found to have unduly arrested a man for the crime of not committing a crime. Shouldn't that be an indicator that those other arrests he is so proud of, should be reviewed with an eye toward determining how many other citizens he had railroaded ???
Going by that logic then if a thief with many prior convictions is found not guilty on their latest time in court then all their other convictions should be looked at as they may have been innocent all those other times! My point is that each case should stand on its own merits on both sides of the fence. That is why plaintiffs' past crimes cannot be used against them without being directly related to the current crime. On the flip side, just because the officer got it wrong this time, under special circumstances, does not mean he got all the other times wrong that are likely under normal circumstances. This was an unusual case and if it had not already had case law to back it up it would have taken far longer in court. I think the cops did nothing wrong, an honest misinterpretation of the facts. The main one in the wrong was the prosecutor deciding to fight the case after seeing all the evidence and facts laid out clearly.
The selective memory of these officers should be obviously apparent to the judge and they should be held in contempt of court whenever exercising this type of selective memory BS on the stand.
The Defense should've objected on " a strong smell of a alcohol " or red eyes. That is subjective and not a crime. The Defense should've asked before the court started If the victim is in the courtroom. If not then ask for the case to be dismissed. The Judge and Cop are not victims.
Jjj Sss I think that his previous arrests come into question; the question being if they were valid? His bragging is to show that he has experience in this area of the law, but he has shown complete ineptitude in his testimony on this video.
He seems to remember all his conquests but not what time of day it was!! He really thinks he is cop of the year material!! He’s probably working at that KFC he mentioned now!!
I absolutely LOVE when the cop thought he’d sound smart by saying ‘spontaneous utterance” and the DUI guy immediately humiliated him by chuckling and saying ‘I don’t need the legal terminology “ 😂
Why is the judge thanking the cops so much, and sounding apologetic towards them, while delivering the verdict? Shows how hand in glove cops, prosecutors, and judges are.
Ken u nailed it. She sees those cops all the time, she,s only gonna see the defendant this one time, every single time the cops are portrayed as heros in her courtroom, i doubt if she,d even get pissed off if she knew cops lie all the time on the witness stand !
It's called the GOOD 'OL BOYS SYNDROME. That's one thing that cameras are starting to break down. If a cop is filmed, they can't change or LOSE evidence.
Im a former deputy sheriff, and I seemed to remember most of went on with someone in court once I saw the person. His limited recollection is disturbing.
I'm no cop.. but as a citizen it's always amazing that these officers just show up to hearings and don even glance at the notes before hand.... In my line of work if I show up to a simple meeting without refreshing myself on the technical aspects.. I'm going to get raked over the coals.
It's a well oiled machine that brings in millions of dollars for the corrupt government. I'm sure they are in a big hurry to rectify this problem. They have no problem breaking all the laws they cite citizens for. They are always "just doing their job" unless they or a fellow tyrant is breaking the law. Then all of a sudden "discretion" is used. There is always a loophole for them to bypass accountability whether it's discretion, ignorance to the law, professional courtesy, qualified immunity, the corrupt system backing them up or otherwise. Breaking the law is always a big deal to them and justice must be served. Unless of course they are the ones breaking the law. Then it's no big deal.
WHAT KIND OF MADNESS IS THIS??? A Judge that does not simply "rubber stamp" the wishes of the Prosecutors Office?, and actual LISTENS to a Defense Attorney before a case even comes to trial? Sheer and utter MADNESS! SHE SHOULD BE PUNISHED BY RE-ELECTING HER! OVER AND OVER!
I was kicked out of a jury pool in Oregon because I refused to accept that someone in this state can be charged with DUI for sitting in their car drunk.
There was an episode of Everybody Loves Raymond just like this. Debra had been to a baby shower or something, had several drinks, got in her car, put the keys in, then called Ray to come get her. She took a nap in the driver's seat and got noticed by a cop. He took her in because the keys were in the ignition. Lost her license for a while.
I am glad you got kicked off a jury for refusing to accept how the law works in your state. If you want to be on a jury with that opinion, move to a state where that’s the law.
In this case, the cops should just get the guy to call his wife/kid/friend to pick him up or call him an Uber and send him the bill. No need to have a power trip and arrest someone.
The municipality gets the income from the fines, the cop gets another arrest on his record for promotions, the cops get paid overtime for testifying in court. There is no incentive for the very logical way of approaching this situation as you suggest. Either way they will get him on another bullshit charge of public intoxication, there should be no such law in any state. The system is set up to fuck over otherwise law abiding citizens and incentivize police to make arrests on bogus arrests based on victimless crimes. We need a major overhaul of the legal system in the United States.
so he admitted to lying on the ticket, which is a sworn statement, arrest for dui which he was never driving. how is this not an arrestable offence for lying on a police report, lying under oath, fabricating evidence and falsifying charges.
So an innocent man, gets arrested, goes to jail, has to post non-refundable bond to get out. Hire an attorney, a really good one I might add, take off work and go to court. He didn’t win, he just ended up better off than he could have....
"Our principle goal was to get handcuffs on" explains it all. Supercop was going to perform an arrest regardless of the circumstances. The Gestapo has arrived!
I kind of agree with you on this because they wouldn't be so quick to say your under the influence yet it's scary bc I'd rather see that we get as many under the influence vehicles as possible and if we scare the police into not arresting under the influence it would be worse. However, what a good idea if it's a cop known for being wrong with there observations on UTIs.
@@mom2my3children I haven't seen a single person yet say we should be easy on drunk drivers. This was on New Years Day (cold) and this person was in his car, smoking a cigarette, staying warm, on the phone in a parking lot, in Park, with an open tab inside the bar when the police arrived. There is nothing anyone would want this man arrested for at this point. He was drinking in the bar prior to police arriving. Still nothing to be arrested for. Why does anyone still think the police officers were in any way correct with what went on next? Why do so many people want him behind bars? Walking up to the vehicle and talking to the man to find out what he is up to is fine but you can't arrest anyone for something you think they are going to do because there is always that chance they don't do it and maybe the call was to a friend or taxi to come pick him up. If this man was parked on the street it would be iffy. If he was driving then by all means have at it. If he had the car in gear (anything other then Park) then have at it.
@@Ed70Nova427 no, I meant in general. I don't think he sholdve been arrested either. What i was speculating was that it's such a fine line because if we held cops accountable for DUIs that they arrest like the original poster stated than id be concerned with the amount of people who originally may be let go because they're too scared to have to pay towing fees and other fees that was talked about im,aoriginal post(hypothetically speaking only), that the cops would think real hard before letting someone get booked for,DUIs.I hope that made sense.
@@mom2my3children Yes I understand. If the person is on the road driving then let a lawyer get him out of the ticket if he can but get the driver off the road. If the person is in a parking lot and the car is running and in gear, book em. There are laws in some places that do not allow police to park down the road from a bar and wait for someone to leave. I mean that's a bad law but its a good law also. I knew a guy in the early 80's that his wife would not allow any alcohol in the house. He worked swing shift and he said it was hard for him to go right to sleep. So he would go to the bar and drink three glasses of beer as quick as he could. Leaving the bar he would pull out onto the road turn right go to the first stop sign at the corner of the parking lot turn left and the second house on the right was his. He wouldn't feel the beer until 30 minutes or so later. That's at about midnight. If and officer ever pulled him over the officer would've smelt the beer and he would've gone to jail. In jail he would've been completely wiped out. So people also do weird things. Yes we do seem to be tying the hands of our officers preventing them from doing many things that would make their job much easier. We are doing this to everyone. I don't have an answer for that. Only they cannot arrest someone for something they think the person is going to do. Don't make up charges just to arrest someone. We need them to be humans. We need them to help us when something is happening. We need them to Serve and Protect. We cannot have a police force that we the people are afraid of. That is what the military is for. The military is the killing machine and not our police forces.
I was a witness in a trial, many, many, MANY years ago. I was in a room with the other witnesses and watched over, NOT in the courtroom waiting on another witness to finish testifying. Kinda insane to me that the second cop(witness) was able to listen to the questions put to the first cop(witness) and listen to the answers. He already knew how to answer.
This isn't a trial, it's a suppression hearing so the rules are much lighter. He absolutely would not be allowed to sit in for another witnesses testimony during trial. Basically this is a mini mock trial to see if there's basis for a real trial.
For real!?!! Chris???......Cops fked you up that bad? ...Dam i hope not . IDK like you know the story how you got where you are!!!.......But can't remember who brought you there ...LMGDSWAO!...I'd say cool story for G-Sons and Girls lol....Peace and all the best :D
Same thing happened to a friend, the case cost him A COMMISSION WITH THE MARINES. He had graduated Texas A&M a couple days prior, just got his gold bars at a ceremony. That weekend, instead of driving drunk he slept in his car, so made the right choice. Car was running but in park (needed the ac, texas summer night) , and a cop woke him up, cut the story short, the cop wouldn't listen at all and charged him with a dwi for having the engine running. Absolutely destroyed his life man...the Marines cancelled his contract and wouldnt allow him entry, all because he made the right decision and got a bad cop It took my friend years to recover mentally from having his dream ripped away from him
he made the wrong choice by sleeping in his car while drunk with the engine running. Engine running makes the DUI charge correct (certainly here it would, if the engine is running you're in control of it and DUI can be charged).
@@jwentingit does not matter if you put the keys in the glove compartment the SS does not care there’s no such thing as a good cop there, power-hungry drive karups them, and their absolute power makes them evil
@@jwenting Do you live in Texas by any chance? If not you've no clue how freaking hot it can get at night in the middle of summer, it can still be over 100 degrees at 2am here. Its a dumbass law that needs revision when it absolutely clear someone is sleeping it off at the bar parking lot and gets their life wrecked instead of leaving and chancing it. Any rational person can recognize this
@@DanielJohnson-ps4xv exactly man you're 100% correct. Back then Uber etc didn't exist, he did check taxi price to get home but couldn't swing it (~$62 iirc) so slept in his car instead of leaving with a bunch of drunks and one of em behind the wheel, but nope, not good enough for the police
Here in Canada you can LEGALLY get charged with a DUI if you're within a certain distance from your car and your keys are on you, regardless of intent. Most INSANE law ever!
@PlasmaStorm73 [N5EVV] Imagine if you are a patient lying down in ambulance rushing toward hospital and your friendly neighbourhood cops stop you and charges you with DUI and cause your delay in treatment resulted in your death, and still reluctant to drop down all these ridicule charges, then that's truly 100% hopeless for U.S police forces. Now this case is about 60%, and they still are deligently moving toward that endgame of police forces.
Definitely is a good lawyer. He got right into it. The prosecution on the other hand looked like he could just rely on his witness's and "his" version of how the law reads. He thought it wold be a slam dunk! The judge ruled it right, even if the guy was drunk, he was not driving. The vehicle never moved. A simple explanation is; It was January and cold outside, He was in his car running with the heater on calling someone to come and pick him up. If he cop was really interested in doing his job correctly and 'Legally" all he had to do was to wait and see if the guy moved the car. Had that happened, he would have been right. But, by being the over aggressive punk that he undoubtedly is, he jumped the proverbial gun and proceeded to make something out of nothing! The cop is a paid idiot!
@Cameron Grant lol. I hate to talk shit about ppl, especially to ppl who I do not know but since this is RUclips n ppl do so all the time, I’m also gonna do so. But it looks like ur trying to say hi to a girl who In the picture looks to be someone who smokes crack. If I’m wrong than I should be forgiven bc it’s RUclips. But if I’m not, I would say to u that ur taste n preference In the women u obviously find attractive is not really something I’d be quick to let other ppl see or know the type of girls that I like. Lol. But hey, if that’s ur cup of tea then I guess ur happiness is more Important than opinions of ppl like myself who got shit tlking to say. N for that, u should defend what makes u happy n cuss the ppl who think otherwise to include myself out. So point taken. U got a free pass to cuss me out or to analyze my picture and find something In it and clown the fk outta me. Lol. See, I’m pretty fair and usually I’m pretty right who share opinions with all ppl and point out my suggestions to what’s right for everyone. Haha
@@michaelkruz2563 dude trying to hi. Are you actually "high" he replied to her comment. In a straight forward professional fashion. He was absolutely correct as well. If she looks like she smokes crack. You look like you shoot Herron and eat a bowl of cereal all day.
@@codyaustin4298 lmfao. My comment about clowning me was not for u but for the guy that I mentioned. Needless to say, u wanna clown on me about my pic but at least I got a pic of myself up and I have no problems or issues with my appearance at all. And at 5’9 and 164lbs, I’m not fat or skinny. I’m fit and well built bc I take care of my body and no, I don’t shoot heroin or eat cereal all day. Matter of fact. I don’t even eat cereal u butt hurt, shot taking with no reasons ass, no Picture looking drag who probably ain’t got a pic bc ur self esteem is so low bc if u don’t u probably look like a person who shoots heroin themselves. And coming to think about it now, do u even know what someone looks like who’s on heroin? Obviously not bc the way I look anyone who grew up around fiends or crack heads and junky’s will be the first to say that I definitely ain’t on none of that. Bc my teeth, my body and personality says it loudly n proudly. But why am I even responding to ur comment? I don’t even know how u felt the urge to jump into a conversation that wasn’t even a conversation and had nothing to do with u. So I’ll say goodbye, happy holidays and I’ll continue to brush off my shoulders as I let the by-gones be by-gones.
This is what happens when they try to "Minority Report" & arrest without witnessing a crime, & going solely off a caller's hunch or the "oracle's" (dispatcher's) report.
Ever notice how thier voice shakes when they are on the stand. Doesn't feel so good does it buddy. Some of us were telling the truth when we were in that spot and no one listened. Your turn
Michael Sunday I have noticed when a person lies their voice gets raspy....funny how he remembers things like his arms went stiff like a weight lifter....but important things he does not recall
This is so scary that your entire life can be uprooted and ruined over a false arrest. And now this poor guy has to pay thousands and thousands of dollars to this attorney who's been working on this case for 3 years. Sad
The arrest was in January 2017 and the video was dated November 2018, so not 3 years but still almost 2 years. He should have made a counter suit for the legal costs
Incorrect. You have to have the keys and be presently able to drive. What is actually scary is mixing alcohol and controlling a vehicle. Had a wreck last month where I got to hear the innocent person hit by the drunk driver screaming as she burned alive. The DUI driver? He was fine. He's got himself an attorney just like this one to get him off the hook!
sometimes i'll take a rest in my car before walking home after the bar and make damn sure my keys are in the glove box and i'm in the back or the passenger seat. probably still get me for public intoxication but at least it's not a dui
They don't recall if he had a cell phone in his hand, they were only interested in making sure he didn't have a weapon. If he had a phone in his hand, the officer would have to determine it was a phone, and not a weapon. So their memory of whether or not he had a phone in his hand should be crystal clear
And I think they remember very well there was a phone and they know they should not arrest the guy but better to say "no remember" becose maybe another officer say "yes I remember" and they go to jail instead.
@@robotpsychologist "I don't recall" is the go to line for when you don't want to state, on record, incriminating evidence against yourself in the capacity as a law enforcement officer.
For someone who said that he makes sure someone he pulls over has no weapons on them or in their hands and is aware of checking out everything about him to make sure he was safe and unable to harm him or his colleagues.. I find it hard to believe they couldn't remember if he had a phone in his hand 🤔
A phone? You can't say it was a phone? Oh but it's not a gun or knife 🤔. Came on man. If it was me ? I'm like is it safe to assume he doesn't have a gun? Ok he's good. But is he the right guy? If so is he going to try to leave.
They would have noticed if the phone was recording though. Because they class phones as weapons. Weapons of truth and justice. And plebs like us aren't entitled enough to wield such things.
You’d think if they are specifically recanting looking at his hands to see if he was holding a weapon means he was holding something because you would notice if someone’s sitting there with nothing in their hands just by looking at the person, and it makes complete sense if it’s winter to sit in your car and have it running because he’s using the heater. If it wasn’t cold then it’s a bit suspicious.
Thank you for everything you gave up to serve your country. What the law put you through is unacceptable. You kept your cool as most of us wouldn't. Cheers to you brother, and again thank you for risking your life to make our country better. I pray you never have a need again. You're a hero...
The officers answered a call as required. Instead of finding him sitting in the car they could have encountered him on the road having caused a fatal accident had he driven. An off duty officer often shows up to court in street clothes. In this case the judge ruled correctly. The man went to his car, turned it on to keep warm while he made a phone call. Great job DUI guy!
Despicable comment about things you have no knowledge of. If quota are involved, it's the chief or very likely some politician who instated these quota. You need to complain with them, not the cops.
@glad I have white privilege But he didn't. He didn't drive. We could play the "what if" game all day l, but the court of law and justice system doesn't work off of "what if". What if you become a murderer in the future? Guess we should lock you up just in case.
not really. you don't know if the cops have a good reason or not to arrest you, they don't have to convince you that they do or not have a good reason. once a cop tells you "you are under arrest", you should not resist. even if the arrest is illegal, you fight it in court, not on the street.
A court dismissing the charge doesn’t mean the arrest was unlawful. It means there was PC but this evidentiary hearing showed their was no likelihood of conviction for DUI.
@@KieranFoot you don't know if the cop arresting you was given a warrant for your arrest because someone has reason to believe you are part of a drug cartel, or what ever. or maybe you just have a few unpaid parking tickets that you forgot about. if you are told you are under arrest, don't resist; it will NEVER end in your favor.
@@richvan2128 exactly. while it's dumb that the prosecution was saying "and he resisted arrest, which is a crime, so the arrest was legal"; thankfully, the judge dismissed the "evidence", so now the prosecution can't claim they had a reason for the arrest (but it did add an extra step the defense had needed to take, to have everything cleared out). I don't recall seeing any case were a person was resisting arrest, and it worked out in his favor.
I am fighting a dui case in state of Oregon .. my car was parked for over 4 hours , I had 4 beers and fall asleep , keys were not in ignition , police came arrested me for driving under the influence.. I wasn’t , I told the cops I had few beers in my car and I was gonna sleep and drive back in the morning and now fighting for my life and career .. please wish me a good luck , I am not a bad person , never meant to drink and drive 😢
It's amazing the level of guilt Judges feel for dismissing cases where law enforcement officers are witnesses. The Judge really threw in the resisting arrest charge seemingly to appease the officers. Ideally there should be objectivity based on the law, but it's all one big fraternity and it's better to just avoid the Court system in general, justice is often sparingly served
That was the only thing that infuriated me in this whole video. How apologetic she was to them for not being able to do more. How about being more apologetic to the guy who didn't break the law for which he is accused off. Which inturn wouldn't have lead to him resisting arrest. Judge felt the need to lick their boots because she's in the same line off work
yes, I thought that whole praising the cops while sitting in the bench was very unprofessional, and shows why video keep the cops from testalying as often as they do,
This Attorney knowledge and attention to detail of every moment during the trial is astonishing. His pre hearing and case law work really shines, you could see how the prosecutor is so use to sweeping these DUIs and getting wins that he no longer really puts any effort into staying hungry for his wins, he was sloppy, acted lazy in his approach. The amazing part to this whole case was the crucial attention to the smaller details, cell phone, in hand, still parked, open tab, tokens. Slam dunk for an amazing Attorney! 👏👏🏆
Agreed they contaminated his testimony. If his testimony matched the other officer's without hearing it, it is more credible (though they stiff could have gone over it together prior).
I wish I was in his state. Not that I drink but still here in California you can be arrested just for being in the driver's seat while drunk, sleeping too.
@@morganoverbay8783 false arrest/detainment is usually decided in court, not by someone wielding a gun. You don't have any right to shoot anyone unless your life or someone elses life is in imminent danger. Some states also including protecting property, but not all. Know your rights and RESPONSIBILITIES when owning firearms. 2nd amendment does not give you any form of permission to shoot anyone, and certainly not for shooting cops. Especially for something that will be handled in court. Your statement/advice is a great way for people to die for nothing.
It's in this part of Miranda: "Anything you say can and will be used AGAINST you in a court of law." They don't have to present exculpatory evidence that will help you...that's what your lawyer does.
@@mattshaggs2931 The cops were sworn in, swearing to tell the truth but cant remember anything that helps the defendant but do remember small details that will hurt him. So obvious in this case, neither cop can remember a phone but wont say he never had 1 is the biggest
Why was Officer Carmen (who testified right after Officer Goldberg) allowed to "sit in the courtroom during Officer Goldberg's testimony"? Officer Carmen (being in the courtroom listening to his partners testimony) was CLEARLY in a position to ENHANCE / MODIFY HIS TESTIMONY (to ensure a CONVICTION) due to the fact that he HEARD THE TESTIMONY OF HIS PARTNER! Witness's to a crime, not only MUST NOT BE ALLOWED TO DISCUSS THE SITUATION WITH OTHERS PRIOR TO THEIR APPEARANCE IN COURT AND TESTIMONY but cannot be privy to knowing what any other witness says -;at any given time. THIS MUST APPLY even moreso TO POLICE OFFICERS.
@@davidbulak8583 you said perfectly. Cops know that a lot of people will just roll over either because they just don’t have the time or drive to fight it or just can’t afford to. To many sick cops out there anymore, I honestly don’t know how these corrupt heartless trash cops even live with themselves but apparently cops like this dip s**t will pat themselves on the back all day for job well done
Yes.. many ppl can’t afford to hire an attorney willing to go to trial. My partner’s public defender pretty much refused to go to trial, but he was so scared that he didn’t insist on a trial. He regrets it.
Because public defenders are overworked and underpaid and don't want to do their job and just throw the defendant under the bus because it's easier. Never trust a criminal record they are bogus.
When I eat my cereal in the morning I have a tactical approach, I'm trained to keep my spoon at a near 15 degree angle as my right hand is my primary conductor of my commando gear....
Had an officer stop me out on a rural road recently. He claimed I slowed down at the stop sign but didn’t stop. Now he waited 2 miles to stop me from when he said I did this. Now in that distance he did not do anything about the guy in the truck who backed out of the rural driveway and I had to swerve around. He kept trying to get me to say I didn’t stop. Then when I went for my registration he looked in and saw my dash camera. UHHHOHHHH he decided just to warn me then. I worked for ten years as a sheriff 30 years ago. Ten years in the military. Not a criminal and only ever had one speeding ticket in 40 years. But I still cover my ass especially now days
Maybe he should have been arrested for drinking and driving he can't remember anything, every answer is I can't recall, if you're looking for a weapon you had to look at his hands.
The State Police have definitely Changed Against citizens. You see how the State Police Regulation Manual and employment duties have changed from 1993 to 2021 and it should be alarming to every driver!!
I had a cop stop me for speeding once(I was). I had an excuse but he didn't buy it. I said that's fine i have a dash cam that will back me up. It was a huge bluff but it worked. It was just enough for him to question his own judgement.
It's inconceivable to me that they knew he had no weapon and didn't see he had his phone in his hand and smoking a cigarette. Seems to me they each have selective momory when it comes to details of the arrest! No such thing as an anonymous caller. 911 gets the phone number that call was from immediately!
Love how the judge has to baby the officers before throwing their case out. Knowing they are gonna go complain about how the system is against them after this.
I saw it the same way, but they sat there and learned the law they obviously weren't properly trained to enforce, so teachable moment. What we don't know is whether this judge had a prior history of sentencing a drunk driver after they killed someone, which would make her addressing the cops in this manner understandable.
@@fishbike9103 Can you call a drunken sod a fine, (barely 😁) upstanding, regular guy? Don't know how the people in your town are, but in mine it's not 'regular' to see a drunk hanging around. And we never think of it as 'fine', not even on newyears day.
By not teaching civics in school, and evidently in no police academy, for officer safety, police are no longer our front line of defense from corrupt governments, foreign or domestic
The whole system in rotten. The police lie as routine and are encouraged to do so. They double down when they've abused innocent people's rights, then conspire to see what they can pin on them to justify an illegal arrest. The courts met out injustice, they use legal vernacular to trick people like having "must" mean "may" and "understand" mean " stand under". So when asked if you understand and you answer yes, you have just consented to hand your rights over. It is deliberately meant to confuse and dupe. English is mixed with legalese without the knowledge of the person being spoken to. If fraud like that happens in the very institution that is supposed to insure fairness then that society is lost.
that is dissuading everyone to fight back... they say ''innocent untill proven guilty'' Its really not that.. its ''guilty untill proven innocent''. If you want your rights , if you want justice then go through hell and pay and wait and fight and wait...
Just astonishing how the cop disassociates himself from the rest of us mere humans. The arrogance is unbelievable. His demeanor wouldn't go down well where I live.
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005). QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected TAX Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!) - QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
I want you to get in you car, start it up, and then sit there for 4 minutes. You will see that 4 minutes of sitting there seems like an eternity. If someone was intent on driving away, they wouldnt sit their for 4 minutes. Listening to the officers answer the prosecutors questions was like reading a book. They say all the right things. I wonder if they get the handbook on what words to use for DUI arrests. They rarely couldnt remember when prosecutor asked questions. Seemed like the only thing they remebered when defense attorney asked questions was the fact the defendant said he wasnt driving. Everything else was I do not recall.
reid1boys so you have never started up your car picked a song , texted someone , or just in general used your phone before driving off ?? Now come on you sound crazy , we’re talking about not even 5 minutes
Erin B Not TOTALLY true. You CAN be CHARGED with a misdemeanor or even a FELONY for filing a false police report. However, you rarely ever hear of that happening. (I’ll be honest, I was 90% sure, but I googled it before I posted 😂). Also, if it was a false report AGAINST YOU, you can sue whoever filed the false report (also from google)
They could subpoena that info if they wanted to. The defense probably wouldn't on a typical basis since it's the prosecutions job to prove the defendant committed the crime they were charged with. There may not be much to gain by calling such a witness, especially because you aren't allowed to ask leading questions on direct examination.
I think the "accuser" in that case would be the State, not the person reporting it to law enforcement since it's not the reporter of the alleged crime who is pressing charges.
Which is WHY the caller remained 'ANONYMOUS'. They get to nose their way into someone's business, yet, not be held accountable, should their report be proven false. It should be made unlawful to report a crime without identity. EXCEPT in the cases of sexual crimes against juveniles, imho.
This shows in very impressive fashion how the validity of circumstantial evidence can be used to validate a Terry stop but not to lawfully arrest a person based solely on that circumstantial evidence and going from reasonably suspicion to probable cause based on such evidence can create many judicial conflicts.
So the judge admits the officers had no reason to arrest him - yet still charges the citizen who SHOULDN’T HAVE BEEN ARRESTED with resisting the arrest that should not have taken place?! 😂 “How dare you stand up for yourself when you are being arrested for nothing!! Here’s a ticket!!” What a joke. 🤦🏻♀️
@Chip Dayton is wrong, with the dui tossed. There is no grounds for an arrest. You can resist an illegal arrest. Resisting arrest is a secondary charge.
They use it all the time to create charges against someone. It's the same thing as charging somebody with "conspiracy" or "constructive possession." Both of those charges by their very definition of the words are charges brought up against somebody when the cops don't actually catch you commiting a crime but that they suspect you of "we think you were ABOUT TO commit a crime."
This judge is an embarrassment. The officers had no PC and illegally attempted to arrest this guy, and then instead of reprimanding the PO’s, she apologizes and grovels. That is not Justice. Very sad.
The second officer testified: "It is like the first officer said". Why is he allowed in the court room as the first witness testifies? And the selective memory (identical by both officers) reeks of collusion.
In the UK the witnesses are not allowed into the court to hear previously given evidence. This is to stop them using hearsay to influence their evidence or to support previously given evidence.
This situation almost happened with me. I had 2 extra beers with a friend and food took longer to be served. I felt I should not be driving, but went to my car, it was freezing outside and turned the car for heating only and decided to just stay there for a couple of hours. I had work to finish. I noticed someone in the phone and looking to me. I'm a skeptical individual and didn't like the look of the guy. So, decided to turn off the card and went inside the restaurant and order a soda, a coffee and turn on my PC. For my not that surprise at all a police car showed up outside in like 10 minutes. They probably noticed they could not see any crime been committed and drove off. So, kind of weird I almost got a SUI "Sitting under the influence".
Thank you for that story. Damn a DUI in AZ can ruin your life. I have a DUI HANDBOOK written by a legal team that explores all aspects of defending a person arrested for drunk driving . Very interesting law specialty.
“That’s our biggest Goal: To put Handcuffs on without incident”. Most Honest thing that’s ever been said. They don’t care if your innocent or guilty, the just want to put you in jail without incident!
Nah. They want to detain you without incident. Once they detain they go about their job. It’s standard procedure for the suspect to be detained while details are gathered for the officers safety. While there are examples of this being abused, it is common practice. The officer in this case however was in the wrong.
@@Frep77 not how it works. They need their evidence FIRST. You honestly think cops can walk up and cuff you for shits and giggles? What country do you think you’re in?
How can they allow the 2nd officer to testify to be sitting in the court room when the first officer was testifying? That is crazy! He is just going to parrot back everything that the first one said, whether it is the truth or not.
Which he literally did, right down to what he couldn’t remember. The judge started out giving the officers a second place ribbon cuz she was about to rule against them. She should have said “don’t do that”. Cops lie. Everyone lies! Just because you pin a badge to a chest doesn’t make them “worthy” of the power and responsibility that comes with that badge.
Because the government is corrupt. Think about it, who is going tell a JUDGE they are wrong?that’s why they have appeals court because most judges are corrupt and in cahoots with their law enforcement and DA’s. We can’t trust a single judge anymore on the local level because corruption is so normalized that they know they can do whatever they please just like the cops
Great question, I saw another evidenciary hearing with the DUI Lawyer that addresses this. Before Cop A testified, He asked the other witness (Cop B) leave the court until after Cop A was done, and the judge agreed. Maybe it's an option that they don't always ask for? I'm pretty sure during trial the witnesses are usually sequestered right?
Wow.. I'm a truck driver and even I realize that the most you could get on this guy is maybe public intoxication. Just another example of an overzealous Department wanting to pump up their DUI stats
"pump up the charge to DUI for their stats is one thing, it is the fact the charge gets "dropped" police "STILL" keep the stats as still a good charge all to pad their pockets from the government
Both of these cops couldn't remember if he had a cell phone, but they could remember that he didn't have a gun. You'd think, that they would remember him having something in his hand, become worried that it was a gun, and then relieved to find out it wasn't. That seems like something that would stick in your mind. I mean, people have been shot before because they were holding a phone that resembled a gun in the heat of the moment.
Since no shots were fired, they know it wasn't a gun in his hand. If there was sa weapon, they'd have escalated to shooting, which would be their standard procedure.
A cell phone in one hand and a cigarette in the other. They cannot cuff him if his hands are full! Of course they knew he was on the phone and smoking! They are liars and should lose their jobs. Ridiculous!
Attorney: “Seems to be difficult to get a yes/no answer out of you guys. Can I assume you won’t remember or recall anything that will help my client?” Police: That’s affirmative.
I recently had court and I dealt with saaame thing...I had to keep objecting but judge time and time again allowed witness to answer irrelevant questions and ask me questions in which I continued to object
These officers go to court months or even years after the incident. Also they are under NO circumstances allowed to fill gaps in their story or lie. If you listen to officer testimony from court you’ll hear them say a ton that they don’t know or don’t remember.
Anonymous call my ass, it is very common in the south ( I live in Georgia ) for the police to stake out local bars, and then try to arrest people as soon as they get in their car for intoxication. Thankfully, this judge saw through that.
Cops do the same in illinois. Funny thing is when they stalk a vehicle and pull it over for suspected dui just to find out their claim was false bc the driver drank water all nite and the passengers were the shitfaced ones
MA is like this too. They think anyone out late at night is drunk. MA is also very against guns, and any DUI conviction here bars you federally for life from getting a gun license. Hmmmm
Actually no they had a call and they are recorded. That's not really the issue anyway. What's the problem with cops arresting drunk driver as they leave the place where they got drunk? Did you think they should wait until after they kill someone to make an arrest?
![Gunna - HIM ALL ALONG [Official Video]](http://i.ytimg.com/vi/w7Wf0h1Q8a4/mqdefault.jpg)
so they "pulled over" a parked vehicle? wow, what heroes...
Haaaaaa PARKED🤣🤣
I wonder how hard it was to "pull him over" while he was parked
@Kazuya he was convinced because he did not know his rights and laws and the constitution
@Kazuya Some claim in Michigan they can arrest you if your sitting in the car with the keys in your pocket?
its called a pui
When a cop can remember everything for the prosecution and nothing for the defense it's called selective amnesia.
No it’s called I can’t remember every specific detail of a case by memory again I do not understand why these cops in Kentucky do not have all their nails with them on the stand. Really stupid given the judge the prosecuting attorney and the defense attorney all have that evidence in front of them during cross and exam. Can somebody please explain this to me. I am a retired 22 year lawn Forssman officer out of California. I have never taken the stand without having all of my notes with me.
@@arkyologist I have been falsely arrested before and I remember having to sign for my personal belongings. There was a list of everything on my person that was inventoried. Wouldn't tokens have been inventoried and why wasn't this submitted into evidence?
Nah it's called being a corrupt puppet for an authoritarian police state
@@arkyologist
Well shit, whyd they even need you to testify when someone could have just read your "notes" to the jury?
I think is Idiot
It should be a default that any resisting arrest charges are thrown out immediately if the main arrest is deemed invalid.
It absolutely should. From the point that you would be resisting an unjustified arrest.
Fruits of the poisonous tree definitely applies here and a attorney should be competent enough to make this claim
I have to disagree there, you fight the charges in court not on the street. Making it legal to resist arrest if you are found not guilty is only going to reduce safety for both cops and citizens. You would end up with escalated arrests were more force is required by police to make an arrest because people feel they have a right to resist, but without anyway for them or the cops to know for sure who is right and who is wrong.
A better option would be to keep it as it is, if you get arrested you get arrested and can’t legally resist, but add a financial aspect where you are compensated automatically if its found to be wrongful arrest. And make the specific police force that arrested you responsible for that compensation as a punitive measure.
Can’t resist an illegal arrest
It was not argued by defense counsel. Hence, it stands.
The more I watch cops on the stand the more I see how dishonest they are.
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005).
QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!)
- QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
They are trained on our dime for this
People say, “but that’s just bad cops”. Tell them that but when a department defends their cops action then they’re all bad
O it is a culture, not only them but the Prosecutors are also.... and DEA.
They lie so much I think they actually start believing their own lies so it’s really easy for them. Scum of this earth, bottom feeders is all this cop is and yet he walks away with no punishment for falsely arresting someone, that’s bs and that cop needs punished by the people then since cop lover judge won’t do it. Tired of this shit
I almost got arrested when I was standing outside a bar waiting for an uber. They said because i had my keys on me and my car was locked in the parking lot, i had intent to drive home. Even though i showed them i had an uber 2 minutes away.
Then the officer tried to solicit the uber driver into saying he saw me get in my car.
He didnt.
Literally cant do the right thing any more without getting harassed.
Why didn't you use a taxi?
@@johnnyjericho8472 okay 👍
@@glennwall552 uber is a taxi
How would they know the location of your keys? Never volunteer information.
@Blinknone they were obvious imprinted in my pocket. I didn't volunteer anything lol
I was a juror in a DUI where the driver was sitting outside in his car in the bar parking lot listening to his radio when the cop arrested him for DUI. in the video he states hes waiting for friend to pick him up, during the sobriety test those people showed up in the video wondering what's going on, and said they were there to pick him up. so this man was arrested for during the right thing.... Broward County Ft Lauderdale, Florida.
Hope you and all others voted not guilty.
The moral of the story is that whenever you're drinking at the bar, get in your car and drive home. The penalty for doing the right thing and calling a friend for a ride is the same: a DUI.
@@e-curb A police officer in the city where I went to college was an alum of my fraternity, and told me that if you are in the driver's seat and have the means to start the vehicle, that *is* grounds for DUI action, even if you are asleep. But, like in this type of case, just sit on the passenger's side of the car and they cannot make a case you might have, could have, or intended to drive. All they can try to pin is public intoxication, which is not generally an arrestable offense unless compounded with other offenses like creating a scene or the snnoyed officer's favorite, disorderly conduct.
Broward is a cesspool of incompetent cops
@Michael Gower
That officer half-lied to you. Look up cases where DUI arrests are made of drunk people, in bar parking lots, and the cases get dusmissed, because they were trying to stay warm on a cold night while smoking a cigarette..
A great ad for cameras. Cops will never "remember' or "recall" anything that hurts their case.
So you dont either. "I cant recsll" is a powerful legal tool on both sides.
From my understanding and what I heard he made contact with him January 1st 2017. The date dated on this video is 10/11/2018 which is a far between
Yup cops can decide to forget whatever they want or recall things that didn’t happen. If there are no third party witnesses or cameras, the cops memory is considered fact where as yours is considered a self-serving lie.
@@97vipa But if it wasn't important enough to them to put into their initial police report OR Affidavit then obviously there's something wrong. Its obvious they had no legal reason for the arrest, and they're to serve citizens first, not the county or city or state or federal government, the CITIZENS. So although "I don't recall" is a good legal tactic, it inherently breaks their oath to "protect and serve" the community if they are just choosing to leave out details that won't help the prosecution. Its one thing for an average citizen to help their case because its THEIR life and job and family and friends and freedom and money and reputation etc etc, but a cop who, 99.99999999999999999% of the time, won't be reprimanded, fired, charged, let alone CONVICTED for stuff far worse then this has no reason to not recall or tell the truth in what they remember; even if it hurts the prosecution because they shouldnt be TRYING for conviction, but letting the court decide. Prosecution shouldn't be trying to find one person guilty, but the guilty party of a crime that has been committed. Crimes should be found (and investigated) or witnessed, not sought out by Prosecuters or Law Enforcement. Thats plain wrong. Technically illegal but everyone knows it happens yet its so hard to prove.
@@97vipa not surprising speedy trial is a thing of the past.
Resisting a blatently false arrest shouldnt be a crime.
This cop is the kind of guy you DON'T want as a friend, or as a co-worker, or as an acquaintance
How about as the subject of an end of watch story? Lol
NO RIGHT TO LIFE!
ILLUSORY GUN LAWS: Punish and permanently remove 2nd amendment gun rights for drinking/smoking pot & driving offenses! (CONTINUE READING!)
Who is the injured party to question in court when all offenses are pullover-and-blow arrests or, I smelt the odor of marijuana void of accident, incident, victim, or injured party, but you're going to jail and no more guns for you, ever?
This black law clearly denies Jurisprudence!
State law says 3 offenses in a lifetime create a permanent non-reversible felony. These newly created (Mom & Dad) "non-violent" FELONS cannot ever hunt, protect themselves, their wealth, or their families! Eternal Felons/Eternal Slaves!!! (If a citizen has NO RIGHT to defend their life, there is NO RIGHT TO LIFE!)
The ILLUSORY LAW has nexus by illusion with federal law and is based on imaginary death and destruction created by MADD!
The felony law does not distinguish between "having a victim and injured party" vs "victimless" without any victim or injured party! (Simple pullover & blow arrests!)
When DUIs are victimless & non-violent, without having any injured party or victim to confront in court, the severity of eternal punishment should never abolish the 2nd amendment gun right ...
IRONICALLY the law allows the DUI (Driving under the Influence) driver to keep the driving privilege while eternally removing the 2nd amendment right based on a BLOWING MACHINE or by odorous smell. (Ironic)
Current law clearly lacks distinction and jurisprudence between two distinct separate classes of offenses!
THE ILLUSORY BLACK WALDO LAW INVENTS SLAVERY AND SERVITUDE OUT OF THIN AIR, WITHOUT REQUIRING A VICTIM!.......
- Turtletruth (Semper Fidelis)..
No doubt. He's so in love with himself...how can he faithful to anyone but himself.
@@3PercentNeanderthal hopefully he'll be carried out by six
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005).
QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected Tax Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!)
- QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
Resisting arrest needs to be dropped as well. If she's saying he should have never been arrested then resisting needs to go out the window, especially if it's something minor like this
Resisting arrest shouldn't even be a charge. Whether guilty or not, and if guilty, no matter the severity of the crime, resisting being arrested is a normal reaction to what is happening and dealing with that is what the police are paid to do and it is why they have tasers, handcuffs and the authority to use physical force.
@@oliver9089 In the very least it shouldn't be so lax. I could understand if you slug a cop, try to run or what ever. But "resisting arrest" in many cases is simply not walking fast enough aka dragging your feet. Or in this case the claim he didn't put his arms together for them to cuff him easier.
Way too much of that is in the hands of the cop to just make a judgement. They can quite easily slap resisting arrest on almost any one they want. Which is funny because yes the charge to resist can stick when nothing else does.
Right if the arrest wasn’t lawful because there’s no probable cause, it’s not an arrest. They’re committing a crime on the citizen at that point and he’d be in the right to defend himself in the manner he did id venture.
That drives me nuts that there’s even anything to discuss about the resisting charge after the verdict.
You literally JUST ruled the arrest was unlawful. Even if they’re cops just trying to do their job, at that point it should be no different than anyone else wrapping someone up and sticking them in their car
The current case law is pretty clear that you can charged for resisting arrest even if the law a cop thinks you are breaking doesn't even exist, so long as the cop thought you might have committed something they consider to be a crime. The real answer if you think is this bad is to push for actual legislation changing this.
You can be arrested for "resisting arrest", for walking away from an officer. It's weird, when no arrest was never announced, but getting arrested can happen, if you ever talk to the police. Even as a witness. "Resisting arrest", is a bit vague.
It's amazing whenever these law enforcement officers remembers everything whenever talking to the district attorneys, however they forget almost everything once talking to the defense attorney..
Really amazing considering they can't seem to remember the most basic and important Civil Rights they aren't supposed to violate...🤦🏻♀️
Worried about his own ass.
"Whatever you say or do will be used against you; Never for you!!!"
Selective memory.
@@brentfarvors192that is them putting us under oath!
Shocking! A judge actually makes a ruling that was not biased. We need more judges like her, fair and unbiased. Oh and most importantly, we need more lawyers like you! Ones that take their job seriously and treat each case with importance.
It was biased, the b---h is a cop hater.
Yet still has to apologize to the officers for their overstep instead of admonishing them for it.
lol no, she wouldn't have ruled in his favor, because that would've been career suicide
What is so shocking about it? I don't know what well you drink from, but the chances are pretty good that you will get a fair hearing. Sometimes people get shafted, but I don't believe that our system of justice is corrupt that every time the judge adjudicates properly it is an exception.
@@oicu812brazell8 She's got to work with them every day so there is no reason for her, especially on a case as legally complicated as this, to start antagonizing anyopne.
Yep happened to me in NC. I was driving a truck for a living and had a layover on the coast. There was a hurricane coming the next evening so all the restaurants on the beach were selling booze and food half price so they didn't have to store it elsewhere. I have a few drinks with my meal and retired to my truck and went to bed. Sometime during the night an officer knock on my door and woke me. I stepped out of the sleeper to answer the door and he wanted to let me know they were going to evacuate the area starting around noon that next day. I informed him I would be gone by 9am. He left and I went back to bed. A few minutes later another knock at my door. This time it was a state trooper. He proceeded to get me out of the truck and give me a sobriety test that said I was .08 .02 over the legal limit for a CDL operator and took me to jail for DUI because the truck was running. Mind you this was my home and it was over 90 degrees outside and I need air conditioning to sleep. Long story short and attorney fees, it was dismissed. But not before I was fired from the company for the charge alone. These cops were only seeing dollar signs and were complete assholes.
thats a lawsuit . you are entitled to the remaining salary you would have received if working until retirement from the cop and municipality
This is a classic case of " Care and Control of a motor vehicle while impaired ." It doesn't even have to be running or you in the vehicle. You just need to have the keys in your pocket and the vehicle nearby. You were lucky to get off.
@@alanmacification just a crafty way to finagle more arrests.
The cops that did that to you should be subject to capital punishment
@@craftsandstuff3349 We call it the " Staggering with Intent to Crawl " law
I've always hated how apologetic judges sound when they have to go against prosecutors and police
it’s called dicta-unnecessary, prejudicial, nonsense. So resisting is still alive for mr bow tie? Stupid stop and arrest.
They go golfing together
Yeah that pisses me off. The judge was kissing the cops ass but no apology or any remorse of any kind to the defendant.
I made a judge do exactly that. Apologize to the police officers who were no more than 8 ft away from me. I was caught riding my dirt bike on public land power poles I don't know who it belong to but cops gave me a big ticket and I said I'm going to court and I showed that there were no signs saying no entry allowed in fact of there were no signs at all. I took pictures of all that and took all those pictures with me to the court. I presented my case with a map of the riding area. Anyway long story short the judge sided with me and apologized to the police officers I believe there were four of those pepperheads. And when she decided I looked at them and grinned at them like you assholes LOLOLOL I walked out of that Courthouse like walking on a cloud. I was SO tickled because I defeated those assholes.
Correct. It’s for “the people” that they’re all trying to get justice.
Its crazy to me that the judge felt like she needed to soften the blow by praising and halfway apologizing to make them feel better for them being wrong
If the case comes to court and they are proved wrong - that should go on their record. The priority of a police force is to serve/protect. After that if they observe actual criminality, arrest and help convict. They have forgotten their priorities and now lie violate our rights to build the arrest/conviction rate in a lot of jurisdictions. Hopefully one of the worst violations (CAF) is on it's way out now.
I find it very disturbing that once the officers realized that he was going back inside, they continued to try and ruin a guy's life. It's even more disturbing that a procecuter would try to inflate the circumstances to get a win instead of correcting a wrong done by the officers. Seems the officers and DA's have lost sight of who the bad guys are.
It is obvious who the bad guys are ... its the justice crimminal racket.
No, they know they're the bad guys its why they need to win or else "winning" wouldn't matter.
These police do not see the every day citizen as an equal. Its not hard for them to undervalue the life of what they perceive as livestock that they make profit off of.
Sadly, we no longer live in a country where you are innocent until proven guilty. We live in a country where you are guilty until proven innocent...
And the judge!!
That cop literally is one of those people everyone hates. “The defendant made a statement?” “No, he made an EXCITED UTTERANCE” he’s the type of guy that argues every point with you because the sound of his own voice talking gives him immense pleasure.
In short…. A douche canoe.
A douche canoe?? Funny but painful 😂
This is why you SAY NOTHING. These people will "interpret" anything you do or say as "suspicious."
😂😂😂 “Spontaneous utterance”
"Spontaneous utterance" wtf ? AKA statements.... those are called a STATEMENT, occifer.
🤣🤣🤣
Guy got arrested for sitting on a bench on private property waiting for an Uber after establishment closed. Police pull up saying he was suspicious possibly breaking into businesses and decided while they were there to arrest for public drunkenness. You damn well can't have responsible drunks waiting for ubers outside bars
And treating people like that - is it any wonder they get behind the wheel? Total Bull - try to do the right thing and get arrested.
I would hope the man could find an attorney to sue the officers for violating his civil rights. He had to show them his private phone before they would believe him where is the man's 4th amendment rights.
Believe this was settled out of.court and the Uber driver was the main witness for him as he arrived as the cops where arresting him. He told them he was there to pick him up. They dismissed this and continued to cuff and stuff him into their cop car. The sent a letter of intent after all charges got dropped ? So they paid up.
@glennwall552 I was afraid he would have to go through the wringer. Without the video things would have gone standard direction public intoxication resisting arrest disturbing the peace etc.
b
@glennwall552 glad it rolled his way. Those cops railroaded him with several charges . It was so despicable.
The 1st officer testified that he was involved in an exceptionally high number of alcohol related arrests.
Then he is found to have unduly arrested a man for the crime of not committing a crime.
Shouldn't that be an indicator that those other arrests he is so proud of, should be reviewed with an eye toward determining how many other citizens he had railroaded ???
Yes! And because people can’t afford an attorney they will take a plea deal so they can get less charges and no jail time
Absolutely was my first thought.
Going by that logic then if a thief with many prior convictions is found not guilty on their latest time in court then all their other convictions should be looked at as they may have been innocent all those other times!
My point is that each case should stand on its own merits on both sides of the fence. That is why plaintiffs' past crimes cannot be used against them without being directly related to the current crime. On the flip side, just because the officer got it wrong this time, under special circumstances, does not mean he got all the other times wrong that are likely under normal circumstances.
This was an unusual case and if it had not already had case law to back it up it would have taken far longer in court. I think the cops did nothing wrong, an honest misinterpretation of the facts. The main one in the wrong was the prosecutor deciding to fight the case after seeing all the evidence and facts laid out clearly.
Correct, and bonuses based on arrest rates should be eliminated and illegal.
I had the same thought. The cop was proud of how many folks he arrested for intoxication. I didn't like him from that moment on.
The selective memory of these officers should be obviously apparent to the judge and they should be held in contempt of court whenever exercising this type of selective memory BS on the stand.
Absolutely!
Sure... RUclips lawyer?
@@joyesnarcisse4031 ok… overweight RUclips viewer
@@F80mthree Ok, drunk hillbilly who cleans my toilet for a living.
@@F80mthree 😂😂😂😂😂
He had a great memory on direct but went amnesiac on cross.
🤣🤣😂😂😂
Georg Spence That's a bonafide liar.
The Defense should've objected on " a strong smell of a alcohol " or red eyes. That is subjective and not a crime. The Defense should've asked before the court started If the victim is in the courtroom. If not then ask for the case to be dismissed. The Judge and Cop are not victims.
Great observation .
@@otumfuo3 ..
The cop actually brags that his arrests for public drunkenness are extremely high. what a clown!
Jjj Sss I think that his previous arrests come into question; the question being if they were valid? His bragging is to show that he has experience in this area of the law, but he has shown complete ineptitude in his testimony on this video.
Most cops ARE clowns.
He seems to remember all his conquests but not what time of day it was!!
He really thinks he is cop of the year material!!
He’s probably working at that KFC he mentioned now!!
Jjj Sss he’s trying to prove he isn’t green.
🤣🤣🤣😂
I absolutely LOVE when the cop thought he’d sound smart by saying ‘spontaneous utterance” and the DUI guy immediately humiliated him by chuckling and saying ‘I don’t need the legal terminology “ 😂
The officer sounds very practiced and allowed to talk way passed a quick direct answer to the question.
Yes, I think the judge was allowing far too much leeway in his responses.
Why is the judge thanking the cops so much, and sounding apologetic towards them, while delivering the verdict? Shows how hand in glove cops, prosecutors, and judges are.
Ken u nailed it. She sees those cops all the time, she,s only gonna see the defendant this one time, every single time the cops are portrayed as heros in her courtroom, i doubt if she,d even get pissed off if she knew cops lie all the time on the witness stand !
Don't you notice they always do that
It's called the GOOD 'OL BOYS SYNDROME. That's one thing that cameras are starting to break down. If a cop is filmed, they can't change or LOSE evidence.
Corruption rules in these liaisons with judges, cops, and prosecutor.
You scratch my back and I'll give you a reach around.
It's much worse than u mite think. Especially out of court room
Im a former deputy sheriff, and I seemed to remember most of went on with someone in court once I saw the person. His limited recollection is disturbing.
I'm no cop.. but as a citizen it's always amazing that these officers just show up to hearings and don even glance at the notes before hand....
In my line of work if I show up to a simple meeting without refreshing myself on the technical aspects.. I'm going to get raked over the coals.
You commenting here is disturbing. You are a terrorist and have no place in a just society.
Arguing over a parked car to extort money from someone at a party. The justice system a dumpster fire 🤡
It's a well oiled machine that brings in millions of dollars for the corrupt government. I'm sure they are in a big hurry to rectify this problem. They have no problem breaking all the laws they cite citizens for. They are always "just doing their job" unless they or a fellow tyrant is breaking the law. Then all of a sudden "discretion" is used. There is always a loophole for them to bypass accountability whether it's discretion, ignorance to the law, professional courtesy, qualified immunity, the corrupt system backing them up or otherwise. Breaking the law is always a big deal to them and justice must be served. Unless of course they are the ones breaking the law. Then it's no big deal.
WHAT KIND OF MADNESS IS THIS??? A Judge that does not simply "rubber stamp" the wishes of the Prosecutors Office?, and actual LISTENS to a Defense Attorney before a case even comes to trial? Sheer and utter MADNESS!
SHE SHOULD BE PUNISHED BY RE-ELECTING HER! OVER AND OVER!
so true
I was kicked out of a jury pool in Oregon because I refused to accept that someone in this state can be charged with DUI for sitting in their car drunk.
Good for you. I didn’t get selected for jury duty when I didn’t agree that a police officers word is better than a citizens.
There was an episode of Everybody Loves Raymond just like this. Debra had been to a baby shower or something, had several drinks, got in her car, put the keys in, then called Ray to come get her. She took a nap in the driver's seat and got noticed by a cop. He took her in because the keys were in the ignition. Lost her license for a while.
I don't understand why we tolerate this pseudo "precog" garbage.
Lawyers don't want people who can think or have common sense on a jury.
I am glad you got kicked off a jury for refusing to accept how the law works in your state. If you want to be on a jury with that opinion, move to a state where that’s the law.
Kudos for the judge for stepping in to say it was a yes or no question instead of letting the cop tip toe around it with a drawn put response.
Even politicians don't want to lie on the stand
In this case, the cops should just get the guy to call his wife/kid/friend to pick him up or call him an Uber and send him the bill. No need to have a power trip and arrest someone.
He was going back into the bar. Lol. Stepped out for a smoke.
The only reason this clown became a cop was to go on power trips. Like most cops.
The cop couldn't extort money from this guy if he let him go.
The municipality gets the income from the fines, the cop gets another arrest on his record for promotions, the cops get paid overtime for testifying in court. There is no incentive for the very logical way of approaching this situation as you suggest. Either way they will get him on another bullshit charge of public intoxication, there should be no such law in any state. The system is set up to fuck over otherwise law abiding citizens and incentivize police to make arrests on bogus arrests based on victimless crimes. We need a major overhaul of the legal system in the United States.
With friends i most of the time was the designated driver when me an my friends went out to the bar i drank Shirley temples all night lol
so he admitted to lying on the ticket, which is a sworn statement, arrest for dui which he was never driving. how is this not an arrestable offence for lying on a police report, lying under oath, fabricating evidence and falsifying charges.
So the cop arrested him FOR A CRIME HE HAD NOT COMMITTED YET?
Is this Minority Report?????
He did it in his head! Lol.
A thug with a badge
Sadly there is someone in jail for writing disturbing things in a journal.
They do that all the time,they can't catch the real criminals so they go after innocent people.
Nah just trump's america
So an innocent man, gets arrested, goes to jail, has to post non-refundable bond to get out. Hire an attorney, a really good one I might add, take off work and go to court. He didn’t win, he just ended up better off than he could have....
Maybe sue for false arrest. Get a shotty heavily taxed payout 4 years later 🤣🤔😫
Preaaaachhh
Thomas Steele There's no tax on injury settlements. But I get your point.
You may beat the rap, but you won’t beat the ride!
Yo swag, imagine the people that can't afford it and find themselves in a lose lose situation? Oh wait, that's what us poor folks call "the system"
Thanking the officers? That expresses bias and should be grounds for a recusal
"Our principle goal was to get handcuffs on" explains it all. Supercop was going to perform an arrest regardless of the circumstances. The Gestapo has arrived!
They’ve been here for some time. We claim to have a free society, but it’s far from it.
Agreed. Social media has just bought it to the forefront.
The expenses should be paid by the police every time crap like this happens, otherwise we lose one way or another!
I kind of agree with you on this because they wouldn't be so quick to say your under the influence yet it's scary bc I'd rather see that we get as many under the influence vehicles as possible and if we scare the police into not arresting under the influence it would be worse. However, what a good idea if it's a cop known for being wrong with there observations on UTIs.
@@mom2my3children I haven't seen a single person yet say we should be easy on drunk drivers.
This was on New Years Day (cold) and this person was in his car, smoking a cigarette, staying warm, on the phone in a parking lot, in Park, with an open tab inside the bar when the police arrived. There is nothing anyone would want this man arrested for at this point. He was drinking in the bar prior to police arriving. Still nothing to be arrested for. Why does anyone still think the police officers were in any way correct with what went on next? Why do so many people want him behind bars?
Walking up to the vehicle and talking to the man to find out what he is up to is fine but you can't arrest anyone for something you think they are going to do because there is always that chance they don't do it and maybe the call was to a friend or taxi to come pick him up. If this man was parked on the street it would be iffy. If he was driving then by all means have at it. If he had the car in gear (anything other then Park) then have at it.
@@Ed70Nova427 no, I meant in general. I don't think he sholdve been arrested either. What i was speculating was that it's such a fine line because if we held cops accountable for DUIs that they arrest like the original poster stated than id be concerned with the amount of people who originally may be let go because they're too scared to have to pay towing fees and other fees that was talked about im,aoriginal post(hypothetically speaking only), that the cops would think real hard before letting someone get booked for,DUIs.I hope that made sense.
@@mom2my3children Yes I understand. If the person is on the road driving then let a lawyer get him out of the ticket if he can but get the driver off the road. If the person is in a parking lot and the car is running and in gear, book em. There are laws in some places that do not allow police to park down the road from a bar and wait for someone to leave. I mean that's a bad law but its a good law also.
I knew a guy in the early 80's that his wife would not allow any alcohol in the house. He worked swing shift and he said it was hard for him to go right to sleep. So he would go to the bar and drink three glasses of beer as quick as he could. Leaving the bar he would pull out onto the road turn right go to the first stop sign at the corner of the parking lot turn left and the second house on the right was his. He wouldn't feel the beer until 30 minutes or so later. That's at about midnight. If and officer ever pulled him over the officer would've smelt the beer and he would've gone to jail. In jail he would've been completely wiped out. So people also do weird things.
Yes we do seem to be tying the hands of our officers preventing them from doing many things that would make their job much easier. We are doing this to everyone. I don't have an answer for that. Only they cannot arrest someone for something they think the person is going to do. Don't make up charges just to arrest someone. We need them to be humans. We need them to help us when something is happening. We need them to Serve and Protect. We cannot have a police force that we the people are afraid of. That is what the military is for. The military is the killing machine and not our police forces.
@@Ed70Nova427 I agree
I was a witness in a trial, many, many, MANY years ago. I was in a room with the other witnesses and watched over, NOT in the courtroom waiting on another witness to finish testifying. Kinda insane to me that the second cop(witness) was able to listen to the questions put to the first cop(witness) and listen to the answers. He already knew how to answer.
It's not about if he knows how to answer or not, its about the content of his answer. This is why our systems fail, with this mindset.
@@GusJenkinsElite The 'how to answer" is the "content of his answer". It's just worded different.
@@GusJenkinsElite our system is far from failed lmao
This isn't a trial, it's a suppression hearing so the rules are much lighter.
He absolutely would not be allowed to sit in for another witnesses testimony during trial. Basically this is a mini mock trial to see if there's basis for a real trial.
@@obtuse186 makes sense, thanks.
"The most dangerous thing in life is an incompetent that has been given a gun and a law enforcement badge."
- Steven Magee
"I very vividly recall my story but don't recall any other details of the encounter."
For real!?!! Chris???......Cops fked you up that bad? ...Dam i hope not . IDK like you know the story how you got where you are!!!.......But can't remember who brought you there ...LMGDSWAO!...I'd say cool story for G-Sons and Girls lol....Peace and all the best :D
You realize that this is years ago... of someone doing something over and over again?
How convenient..
Chris N perfect response haha
is it not amazing how people claim to know everything and claim to know nothing in the same breath?
Same thing happened to a friend, the case cost him A COMMISSION WITH THE MARINES. He had graduated Texas A&M a couple days prior, just got his gold bars at a ceremony. That weekend, instead of driving drunk he slept in his car, so made the right choice. Car was running but in park (needed the ac, texas summer night) , and a cop woke him up, cut the story short, the cop wouldn't listen at all and charged him with a dwi for having the engine running.
Absolutely destroyed his life man...the Marines cancelled his contract and wouldnt allow him entry, all because he made the right decision and got a bad cop
It took my friend years to recover mentally from having his dream ripped away from him
he made the wrong choice by sleeping in his car while drunk with the engine running.
Engine running makes the DUI charge correct (certainly here it would, if the engine is running you're in control of it and DUI can be charged).
@@jwentingit does not matter if you put the keys in the glove compartment the SS does not care there’s no such thing as a good cop there, power-hungry drive karups them, and their absolute power makes them evil
Absolutely gives the wrong message, drive drunk so you don’t get caught sleeping parked drunk.
@@jwenting Do you live in Texas by any chance? If not you've no clue how freaking hot it can get at night in the middle of summer, it can still be over 100 degrees at 2am here. Its a dumbass law that needs revision when it absolutely clear someone is sleeping it off at the bar parking lot and gets their life wrecked instead of leaving and chancing it. Any rational person can recognize this
@@DanielJohnson-ps4xv exactly man you're 100% correct. Back then Uber etc didn't exist, he did check taxi price to get home but couldn't swing it (~$62 iirc) so slept in his car instead of leaving with a bunch of drunks and one of em behind the wheel, but nope, not good enough for the police
Here in Canada you can LEGALLY get charged with a DUI if you're within a certain distance from your car and your keys are on you, regardless of intent. Most INSANE law ever!
Even if you were positioned in the back seat lying down unconscious? Then that's truly insane.
@PlasmaStorm73 [N5EVV] Imagine if you are a patient lying down in ambulance rushing toward hospital and your friendly neighbourhood cops stop you and charges you with DUI and cause your delay in treatment resulted in your death, and still reluctant to drop down all these ridicule charges, then that's truly 100% hopeless for U.S police forces. Now this case is about 60%, and they still are deligently moving toward that endgame of police forces.
Another reason to not live in Canada
Corporate codes! Millions of them.
Based. I think australia's 'In charge of a motor vehicle' is better but this works as well.
Remember when a police officer says I don't remember or I don't recall that's a flat-out lie every time
So he was arrested for a crime he didn't yet commit at the time of his arrest ? 🤔 His lawyer is badass
Definitely is a good lawyer. He got right into it. The prosecution on the other hand looked like he could just rely on his witness's and "his" version of how the law reads. He thought it wold be a slam dunk! The judge ruled it right, even if the guy was drunk, he was not driving. The vehicle never moved.
A simple explanation is; It was January and cold outside, He was in his car running with the heater on calling someone to come and pick him up.
If he cop was really interested in doing his job correctly and 'Legally" all he had to do was to wait and see if the guy moved the car. Had that happened, he would have been right. But, by being the over aggressive punk that he undoubtedly is, he jumped the proverbial gun and proceeded to make something out of nothing! The cop is a paid idiot!
@Cameron Grant lol. I hate to talk shit about ppl, especially to ppl who I do not know but since this is RUclips n ppl do so all the time, I’m also gonna do so. But it looks like ur trying to say hi to a girl who In the picture looks to be someone who smokes crack. If I’m wrong than I should be forgiven bc it’s RUclips. But if I’m not, I would say to u that ur taste n preference In the women u obviously find attractive is not really something I’d be quick to let other ppl see or know the type of girls that I like. Lol. But hey, if that’s ur cup of tea then I guess ur happiness is more
Important than opinions of ppl like myself who got shit tlking to say. N for that, u should defend what makes u happy n cuss the ppl who think otherwise to include myself out. So point taken. U got a free pass to cuss me out or to analyze my picture and find something In it and clown the fk outta me. Lol. See, I’m pretty fair and usually I’m pretty right who share opinions with all ppl and point out my suggestions to what’s right for everyone. Haha
@@michaelkruz2563 dude trying to hi. Are you actually "high" he replied to her comment. In a straight forward professional fashion. He was absolutely correct as well. If she looks like she smokes crack. You look like you shoot Herron and eat a bowl of cereal all day.
@@codyaustin4298 lmfao. My comment about clowning me was not for u but for the guy that I mentioned. Needless to say, u wanna clown on me about my pic but at least I got a pic of myself up and I have no problems or issues with my appearance at all. And at 5’9 and 164lbs, I’m not fat or skinny. I’m fit and well built bc I take care of my body and no, I don’t shoot heroin or eat cereal all day. Matter of fact. I don’t even eat cereal u butt hurt, shot taking with no reasons ass, no
Picture looking drag who probably ain’t got a pic bc ur self esteem is so low bc if u don’t u probably look like a person who shoots heroin themselves. And coming to think about it now, do u even know what someone looks like who’s on heroin? Obviously not bc the way I look anyone who grew up around fiends or crack heads and junky’s will be the first to say that I definitely ain’t on none of that. Bc my teeth, my body and personality says it loudly n proudly. But why am I even responding to ur comment? I don’t even know how u felt the urge to jump into a conversation that wasn’t even a conversation and had nothing to do with u. So I’ll say goodbye, happy holidays and I’ll continue to brush off my shoulders as I let the by-gones be by-gones.
@@michaelkruz2563 he literally responded to someone’s comment and you go on about looks and shit? I don’t get it but okay? Lol
This is what happens when they try to "Minority Report" & arrest without witnessing a crime, & going solely off a caller's hunch or the "oracle's" (dispatcher's) report.
Ever notice how thier voice shakes when they are on the stand. Doesn't feel so good does it buddy. Some of us were telling the truth when we were in that spot and no one listened. Your turn
Michael Sunday I have noticed when a person lies their voice gets raspy....funny how he remembers things like his arms went stiff like a weight lifter....but important things he does not recall
@@ThePHYL might be true
@Mike Willett xD
Cops have to appear on the stand fairly often tho... it’s a large part of their job
@@jackytaly ya they need to show up even for speeding tickets, but someday they don't show up and if i were fighting a ticket you win it.
If its an unlawful arrest, how is resisting arrest a crime?
Because you can't know the arrest is unlawful at the time, so for officer safety, you just need to bend over and take it, hoping they apply lube.
And we are paying them to lie against us, we live in a bizarre world.
The only thing this cop remembers is that he doesn't remember. Unless of course it strengthens his case.
This is so scary that your entire life can be uprooted and ruined over a false arrest. And now this poor guy has to pay thousands and thousands of dollars to this attorney who's been working on this case for 3 years. Sad
Taxation is theft, and cops are dumb foot soldiers.
The arrest was in January 2017 and the video was dated November 2018, so not 3 years but still almost 2 years. He should have made a counter suit for the legal costs
@@jessschwarze8126 Case wasn't thrown out till 2020 though.
in Iceland, the state pays for your lawyer if you beat a charge
@@StanleyKubick1i love that country and now i like it more
what's scary is that in some states just sitting in the drivers seat, not driving, while intoxicated is sufficient for a DUI conviction
Incorrect. You have to have the keys and be presently able to drive.
What is actually scary is mixing alcohol and controlling a vehicle. Had a wreck last month where I got to hear the innocent person hit by the drunk driver screaming as she burned alive.
The DUI driver? He was fine. He's got himself an attorney just like this one to get him off the hook!
Why's that so scary? Here's a thought, you've been drinking, stay away from your car,problem solved. Or is that to" scary" to consider.
To get a dui dont you need to be driving?
sometimes i'll take a rest in my car before walking home after the bar and make damn sure my keys are in the glove box and i'm in the back or the passenger seat. probably still get me for public intoxication but at least it's not a dui
Was a guy who rode a horse across a field to a bar. Got a DUI. He argued in court that the horse was driving. Still got convicted.
They don't recall if he had a cell phone in his hand, they were only interested in making sure he didn't have a weapon. If he had a phone in his hand, the officer would have to determine it was a phone, and not a weapon. So their memory of whether or not he had a phone in his hand should be crystal clear
NO HE WOULD HAVE DEMANDED HE DROP THE WEAPON AS SOON AS HE SHOT HIM.
Boomshakalaka RemyJackson for the win!!!
That is called convenient amnesia.
Only looking for weapons my ass! They shout out right away when they see my hash pipe in my hands.
Andy Ray 😂😂😂😂made my day
I like how the officer says he was focused on his hands for safety but didn’t remember the phone in his hand. Good judgement on this one.
And I think they remember very well there was a phone and they know they should not arrest the guy but better to say "no remember" becose maybe another officer say "yes I remember" and they go to jail instead.
@@robotpsychologist "I don't recall" is the go to line for when you don't want to state, on record, incriminating evidence against yourself in the capacity as a law enforcement officer.
@@robotpsychologist Do you remember what exactly you were doing a year and 10 months ago at work?
@@Xerou It's also something you say if you don't remember what routine work you were doing *exactly* a year and 10 months ago.
For someone who said that he makes sure someone he pulls over has no weapons on them or in their hands and is aware of checking out everything about him to make sure he was safe and unable to harm him or his colleagues.. I find it hard to believe they couldn't remember if he had a phone in his hand 🤔
A phone? You can't say it was a phone? Oh but it's not a gun or knife 🤔. Came on man. If it was me ? I'm like is it safe to assume he doesn't have a gun? Ok he's good. But is he the right guy? If so is he going to try to leave.
He feared for his life and in that stressful moment all he could se was potentially weapons😄
They would have noticed if the phone was recording though. Because they class phones as weapons.
Weapons of truth and justice. And plebs like us aren't entitled enough to wield such things.
You’d think if they are specifically recanting looking at his hands to see if he was holding a weapon means he was holding something because you would notice if someone’s sitting there with nothing in their hands just by looking at the person, and it makes complete sense if it’s winter to sit in your car and have it running because he’s using the heater. If it wasn’t cold then it’s a bit suspicious.
No, that would be in the defendant's favor.
Thank you for everything you gave up to serve your country. What the law put you through is unacceptable. You kept your cool as most of us wouldn't. Cheers to you brother, and again thank you for risking your life to make our country better. I pray you never have a need again. You're a hero...
One cop lies and the other swears to it....exactly what's wrong with this world!!!
In my opinion we have too many cops. Clean out the PD'S from top to bottom. Some of these cops need to lose their certification.
When cops forget their oath, decency and ethics and cruise for revenue through fines and meeting quota. Despicable.
The officers answered a call as required. Instead of finding him sitting in the car they could have encountered him on the road having caused a fatal accident had he driven. An off duty officer often shows up to court in street clothes. In this case the judge ruled correctly. The man went to his car, turned it on to keep warm while he made a phone call. Great job DUI guy!
Despicable comment about things you have no knowledge of. If quota are involved, it's the chief or very likely some politician who instated these quota. You need to complain with them, not the cops.
You are one hell of an attorney. Glad you helped your client and both of these cops are corrupt.
Speculation.
@glad I have white privilege But he didn't. He didn't drive. We could play the "what if" game all day l, but the court of law and justice system doesn't work off of "what if".
What if you become a murderer in the future? Guess we should lock you up just in case.
@glad I have white privilege he had an open tab and was going to charge his phone.
@@morsecodelowl3603 TRUTH!
Your fine and very smart!
Defence should ask cop if caller was a paid informant....
The fact she may have found him guilty of resisting an illegal arrest if it was under review is equally shocking.
not really.
you don't know if the cops have a good reason or not to arrest you, they don't have to convince you that they do or not have a good reason.
once a cop tells you "you are under arrest", you should not resist. even if the arrest is illegal, you fight it in court, not on the street.
A court dismissing the charge doesn’t mean the arrest was unlawful. It means there was PC but this evidentiary hearing showed their was no likelihood of conviction for DUI.
@@eyallev yes, you should always give up your RIGHT to resist unlawful detainment because the person doing it is in uniform. Couldn't agree less.
@@KieranFoot
you don't know if the cop arresting you was given a warrant for your arrest because someone has reason to believe you are part of a drug cartel, or what ever.
or maybe you just have a few unpaid parking tickets that you forgot about.
if you are told you are under arrest, don't resist; it will NEVER end in your favor.
@@richvan2128
exactly. while it's dumb that the prosecution was saying "and he resisted arrest, which is a crime, so the arrest was legal"; thankfully, the judge dismissed the "evidence", so now the prosecution can't claim they had a reason for the arrest (but it did add an extra step the defense had needed to take, to have everything cleared out).
I don't recall seeing any case were a person was resisting arrest, and it worked out in his favor.
I am fighting a dui case in state of Oregon .. my car was parked for over 4 hours , I had 4 beers and fall asleep , keys were not in ignition , police came arrested me for driving under the influence.. I wasn’t , I told the cops I had few beers in my car and I was gonna sleep and drive back in the morning and now fighting for my life and career .. please wish me a good luck , I am not a bad person , never meant to drink and drive 😢
Good luck. Hire a great lawyer or you will get jammed up. It pays to get the best
😂 fucking moron
Lol what the hell
everything gonna be ok, good luck
Good luck!! Hope ya get a good lawyer like this DUI lawyer.
Parked car and a cell phone, how brave you cops were. I guess we should be thankful they didn't deploy spike strips or pit maneuver the parked car.
It's amazing the level of guilt Judges feel for dismissing cases where law enforcement officers are witnesses. The Judge really threw in the resisting arrest charge seemingly to appease the officers. Ideally there should be objectivity based on the law, but it's all one big fraternity and it's better to just avoid the Court system in general, justice is often sparingly served
That was the only thing that infuriated me in this whole video. How apologetic she was to them for not being able to do more. How about being more apologetic to the guy who didn't break the law for which he is accused off. Which inturn wouldn't have lead to him resisting arrest. Judge felt the need to lick their boots because she's in the same line off work
@@theofranko1699 In my state, Maryland, they would have dropped the resisting charge. In Maryland, you are permitted to resist an unlawful arrest.
They way she starts of the verdict with a bootlicking session says it all
yes, I thought that whole praising the cops while sitting in the bench was very unprofessional, and shows why video keep the cops from testalying as often as they do,
The whole system is crooked…
This Attorney knowledge and attention to detail of every moment during the trial is astonishing. His pre hearing and case law work really shines, you could see how the prosecutor is so use to sweeping these DUIs and getting wins that he no longer really puts any effort into staying hungry for his wins, he was sloppy, acted lazy in his approach. The amazing part to this whole case was the crucial attention to the smaller details, cell phone, in hand, still parked, open tab, tokens. Slam dunk for an amazing Attorney! 👏👏🏆
This is what I thought too. He was like oh well I'm here. But at end he did stan up. With that big long as tie .
Yes, you are correct and i would love it if he would use my false arrest on my channel and critique it on his channel with his knowledge.
What's sickening is the state feeding itself on the wins. Every unlawful win is another loss for justice and less freedom for Americans.
This is not a trial, it's a suppression hearing. That is why it is informal, and probably why the ADA seems "lazy".
get this in your head: the lawyers win. They game the system for money. Both sides. working w/ each other..
"The Overwhelming Odor of Alcoholic Beverage" 😂😂🤔🤔 Fu$king HILARIOUS.
The second officer heard all of what the first officer stated in his testimony. He should have waited outside
Professional criminals are treated different than common criminals.
That's what I was thinking.
I was on a jury for a DUI case where the officer was not allowed in the courtroom except while he was on the stand.
@@matthewlorono that's how they do suspects. Officers should be no different when trying to get justice
Agreed they contaminated his testimony. If his testimony matched the other officer's without hearing it, it is more credible (though they stiff could have gone over it together prior).
“What was the charge?”
“Driving under the influence.”
“Was he driving?”
“No. But I’m just sure that he wanted to.”
Precrime division hard at work, find the minority report!
If it was false arrest, defendant can defend against assault with a deadly weapon and shoot the pig.
@@morganoverbay8783 Suggest you don’t follow this as legal advice.
I wish I was in his state. Not that I drink but still here in California you can be arrested just for being in the driver's seat while drunk, sleeping too.
@@morganoverbay8783 false arrest/detainment is usually decided in court, not by someone wielding a gun. You don't have any right to shoot anyone unless your life or someone elses life is in imminent danger. Some states also including protecting property, but not all. Know your rights and RESPONSIBILITIES when owning firearms. 2nd amendment does not give you any form of permission to shoot anyone, and certainly not for shooting cops. Especially for something that will be handled in court. Your statement/advice is a great way for people to die for nothing.
Judges see it everyday I'm sure. Cops under oath seem to have selective memory.
It's in this part of Miranda:
"Anything you say can and will be used AGAINST you in a court of law."
They don't have to present exculpatory evidence that will help you...that's what your lawyer does.
@@mattshaggs2931 The cops were sworn in, swearing to tell the truth but cant remember anything that helps the defendant but do remember small details that will hurt him. So obvious in this case, neither cop can remember a phone but wont say he never had 1 is the biggest
@@cornpop442 I know. Cops are on the stand to CONVICT you...not vindicate you.
Boomer Sooner that’s how the defence lawyer discredits them . Very good lawyer
@@mattshaggs2931 Indeed, but you can plea the 5th. You are not allowed select the testimony you like and change or alter the one you do not.
Great job. I want to add the charge is DUI. DRIVING under the influence. Both officers said they never saw him driving. Way to go attorney and judge!
@Erin B Actual Physical Control is the latest trend. Drunk in the driver's seat? Boom
@Erin B BECAUSE we are a nation run by CROOKS,How does one know what another,s intention is?
@H Y STATUTE ARE NOT LAWS,keep that in mind,once challenged by a competent ATTORNEY,not a LAWYER,the judge have no choice but to drop the charge.
Why was Officer Carmen (who testified right after Officer Goldberg) allowed to "sit in the courtroom during Officer Goldberg's testimony"? Officer Carmen (being in the courtroom listening to his partners testimony) was CLEARLY in a position to ENHANCE / MODIFY HIS TESTIMONY (to ensure a CONVICTION) due to the fact that he HEARD THE TESTIMONY OF HIS PARTNER!
Witness's to a crime, not only MUST NOT BE ALLOWED TO DISCUSS THE SITUATION WITH OTHERS PRIOR TO THEIR APPEARANCE IN COURT AND TESTIMONY but cannot be privy to knowing what any other witness says -;at any given time. THIS MUST APPLY even moreso TO POLICE OFFICERS.
You know why. So they could have the same story. Thats why the 2nd officer repeated everything his partner said, word for word like a robot.
Imagine how many don’t fight these charges and just accept their fate and end up doing time and fines.
It's more often they cant afford to fight it, and a public defender works for the court and is useless.
@@davidbulak8583 you said perfectly. Cops know that a lot of people will just roll over either because they just don’t have the time or drive to fight it or just can’t afford to. To many sick cops out there anymore, I honestly don’t know how these corrupt heartless trash cops even live with themselves but apparently cops like this dip s**t will pat themselves on the back all day for job well done
Yes.. many ppl can’t afford to hire an attorney willing to go to trial. My partner’s public defender pretty much refused to go to trial, but he was so scared that he didn’t insist on a trial. He regrets it.
Because public defenders are overworked and underpaid and don't want to do their job and just throw the defendant under the bus because it's easier. Never trust a criminal record they are bogus.
Like me can't afford an attorney
When I eat my cereal in the morning I have a tactical approach, I'm trained to keep my spoon at a near 15 degree angle as my right hand is my primary conductor of my commando gear....
V- knights Lol funny 😂😂😂
Lmao!! From my training at the academy!!!
💀🤣🤣
This can be observed from your position in your chair, which has a direct birds eye view of your bowl of cereal.
We need more people like the DUI guy. He is a great attorney.
Had an officer stop me out on a rural road recently. He claimed I slowed down at the stop sign but didn’t stop. Now he waited 2 miles to stop me from when he said I did this. Now in that distance he did not do anything about the guy in the truck who backed out of the rural driveway and I had to swerve around. He kept trying to get me to say I didn’t stop. Then when I went for my registration he looked in and saw my dash camera. UHHHOHHHH he decided just to warn me then. I worked for ten years as a sheriff 30 years ago. Ten years in the military. Not a criminal and only ever had one speeding ticket in 40 years. But I still cover my ass especially now days
Sad but true. Thanks for the insight and perspective
Maybe he should have been arrested for drinking and driving he can't remember anything, every answer is I can't recall, if you're looking for a weapon you had to look at his hands.
The State Police have definitely Changed Against citizens. You see how the State Police Regulation Manual and employment duties have changed from 1993 to 2021 and it should be alarming to every driver!!
@@eyeswideopen4628 what do I need to weary of Im a new driver. And I can just look this up?
I had a cop stop me for speeding once(I was). I had an excuse but he didn't buy it. I said that's fine i have a dash cam that will back me up. It was a huge bluff but it worked. It was just enough for him to question his own judgement.
It's inconceivable to me that they knew he had no weapon and didn't see he had his phone in his hand and smoking a cigarette. Seems to me they each have selective momory when it comes to details of the arrest! No such thing as an anonymous caller. 911 gets the phone number that call was from immediately!
Love how the judge has to baby the officers before throwing their case out. Knowing they are gonna go complain about how the system is against them after this.
She is terrified of the retaliation from the blue line domestic terrorists!! She knows how this gang operates!!!
Do your job the right way and don't hurrase people
I saw it the same way, but they sat there and learned the law they obviously weren't properly trained to enforce, so teachable moment. What we don't know is whether this judge had a prior history of sentencing a drunk driver after they killed someone, which would make her addressing the cops in this manner understandable.
Did she praise the defendent for being a fine, upstanding “regular guy”, for doing lawful work of his own personal lawful choice?
@@fishbike9103 Can you call a drunken sod a fine, (barely 😁) upstanding, regular guy? Don't know how the people in your town are, but in mine it's not 'regular' to see a drunk hanging around. And we never think of it as 'fine', not even on newyears day.
How did we let our police agencies get so far from what their intended purpose is
By voting in the same power hungry legislators over and over again, that's how.
Liberal left
Money! Their main purpose is to bring in fine money at any opportunity, not to protect and serve the community.
By not teaching civics in school, and evidently in no police academy, for officer safety, police are no longer our front line of defense from corrupt governments, foreign or domestic
The whole system in rotten. The police lie as routine and are encouraged to do so. They double down when they've abused innocent people's rights, then conspire to see what they can pin on them to justify an illegal arrest.
The courts met out injustice, they use legal vernacular to trick people like having "must" mean "may" and "understand" mean " stand under". So when asked if you understand and you answer yes, you have just consented to hand your rights over. It is deliberately meant to confuse and dupe. English is mixed with legalese without the knowledge of the person being spoken to. If fraud like that happens in the very institution that is supposed to insure fairness then that society is lost.
As simple as this case appears, this should have been dismissed long before this stage. Letting this drag out for 21 months is nothing to be proud of.
that is dissuading everyone to fight back... they say ''innocent untill proven guilty'' Its really not that.. its ''guilty untill proven innocent''. If you want your rights , if you want justice then go through hell and pay and wait and fight and wait...
@@baronnashor158 ⁸
A good lawyer will drag it out as long as possible.
Its done intentionally so cop cant remember details and such.
All cause of criminals like judge and criminal prosecutor.
In many states a DUI is based on being "in control" of a vehicle. That means having the keys and being in the car, especially in the driver's seat.
Just astonishing how the cop disassociates himself from the rest of us mere humans. The arrogance is unbelievable. His demeanor wouldn't go down well where I live.
You can see who people truly are by giving them just a modicum of power.
@@Furzkampfbomber look at Israel
They're terrible
@@morgott13 Well, now we know your default setting as well 😅
Good observation sir!
POLICE "Serve and Protect" the states for PROFIT, they do not serve God or the taxpayers that pay their salaries! (Castle Rock vs Gonzales 545 U.S. 748 (2005).
QUALIFIED IMMUNITY protects and shields CORRUPT Fairy-tale Heroes in BLUE from Accountability and Liability distinguishing the POLICE as the #1 "Protected TAX Collecting TYRANTS" against good people! (Police = Violence, aggression, narcissism, alcoholism, and, if there is a God, suicide!)
- QUALIFIED IMMUNITY "PERVERTS" HUMANITY AND EQUAL JUSTICE FOR ALL....
The only things I remember are things that make the man look guilty.
Frank Townsend exactly
I want you to get in you car, start it up, and then sit there for 4 minutes. You will see that 4 minutes of sitting there seems like an eternity. If someone was intent on driving away, they wouldnt sit their for 4 minutes. Listening to the officers answer the prosecutors questions was like reading a book. They say all the right things. I wonder if they get the handbook on what words to use for DUI arrests. They rarely couldnt remember when prosecutor asked questions. Seemed like the only thing they remebered when defense attorney asked questions was the fact the defendant said he wasnt driving. Everything else was I do not recall.
Did he have a seat belt on?
reid1boys so you have never started up your car picked a song , texted someone , or just in general used your phone before driving off ?? Now come on you sound crazy , we’re talking about not even 5 minutes
Haha. Right!? Perfect recollection of damning evidence, but very foggy memory of anything else. Ha! What a joke.
Funny how callers never appear as witnesses. Doesn't a man deserve to confront his accuser?
Erin B Not TOTALLY true. You CAN be CHARGED with a misdemeanor or even a FELONY for filing a false police report. However, you rarely ever hear of that happening. (I’ll be honest, I was 90% sure, but I googled it before I posted 😂). Also, if it was a false report AGAINST YOU, you can sue whoever filed the false report (also from google)
They could subpoena that info if they wanted to. The defense probably wouldn't on a typical basis since it's the prosecutions job to prove the defendant committed the crime they were charged with. There may not be much to gain by calling such a witness, especially because you aren't allowed to ask leading questions on direct examination.
I couldn't agree more
I think the "accuser" in that case would be the State, not the person reporting it to law enforcement since it's not the reporter of the alleged crime who is pressing charges.
Which is WHY the caller remained 'ANONYMOUS'. They get to nose their way into someone's business, yet, not be held accountable, should their report be proven false. It should be made unlawful to report a crime without identity. EXCEPT in the cases of sexual crimes against juveniles, imho.
Funny how fast they show up for a DUI.
Imagine how long it would take them to arrive on a B&E
Its called driving under the influence not parking under the influence.
Exactly - how can you be charged with "driving under the influence" if you WERE NOT DRIVING????
I Don't remember.... 🙄 I just caught Alzheimer's said that police officer
This shows in very impressive fashion how the validity of circumstantial evidence can be used to validate a Terry stop but not to lawfully arrest a person based solely on that circumstantial evidence and going from reasonably suspicion to probable cause based on such evidence can create many judicial conflicts.
Are you also traveling, not driving? 😂
@Rogeball PB Damn you, that is the only way us 7's can score a 10 girl...hammered.
So the judge admits the officers had no reason to arrest him - yet still charges the citizen who SHOULDN’T HAVE BEEN ARRESTED with resisting the arrest that should not have taken place?! 😂
“How dare you stand up for yourself when you are being arrested for nothing!! Here’s a ticket!!” What a joke. 🤦🏻♀️
Exactly
She only said there is probable cause, not that he is guilty.
@Chip Dayton is wrong, with the dui tossed. There is no grounds for an arrest. You can resist an illegal arrest. Resisting arrest is a secondary charge.
@@markrankin2954 I didn't say she was right, I said that she said there is probable cause. RIF
Supreme Court ruled you have no right to determine if the arrest is lawful or not. That’s for the court yo decide. So resisting is a valid charge.
So sick of intent being based on “maybe he was thinking about it”!
Nice job!
They use it all the time to create charges against someone. It's the same thing as charging somebody with "conspiracy" or "constructive possession." Both of those charges by their very definition of the words are charges brought up against somebody when the cops don't actually catch you commiting a crime but that they suspect you of "we think you were ABOUT TO commit a crime."
This judge is an embarrassment. The officers had no PC and illegally attempted to arrest this guy, and then instead of reprimanding the PO’s, she apologizes and grovels. That is not Justice. Very sad.
The second officer testified: "It is like the first officer said". Why is he allowed in the court room as the first witness testifies? And the selective memory (identical by both officers) reeks of collusion.
In the UK the witnesses are not allowed into the court to hear previously given evidence. This is to stop them using hearsay to influence their evidence or to support previously given evidence.
The defense council should have immediately objected to this. He dropped the ball.
@@Brightstarlivesteam they arent allowed in the U.S either. Things are extremely one sided. The prosecution usually gets their every wish.
I also have a query about the police jurisdiction in a private car park. If it was on the road then maybe but in a private car park?
I’m guessing that because this wasn’t the trial but a suppression hearing the rules are different.
Officers are always looking for things to arrest people for and they seem to get a kick out of it.
Yes that is there job every question they ask you is to entrap you.
If you are a hammer, everything else looks like a nail.
I've seen too many cops that have the attitude everyone is guilty, they just don't know of what, yet.
Apparently ther job is to bust you rather than help.
The cops should have just called him a cab
This situation almost happened with me. I had 2 extra beers with a friend and food took longer to be served. I felt I should not be driving, but went to my car, it was freezing outside and turned the car for heating only and decided to just stay there for a couple of hours. I had work to finish. I noticed someone in the phone and looking to me. I'm a skeptical individual and didn't like the look of the guy. So, decided to turn off the card and went inside the restaurant and order a soda, a coffee and turn on my PC. For my not that surprise at all a police car showed up outside in like 10 minutes. They probably noticed they could not see any crime been committed and drove off. So, kind of weird I almost got a SUI "Sitting under the influence".
Thank you for that story. Damn a DUI in AZ can ruin your life. I have a DUI HANDBOOK written by a legal team that explores all aspects of defending a person arrested for drunk driving . Very interesting law specialty.
This is actually the perfect case to show the prosecutor trying to cover up the bad cops actions
“That’s our biggest Goal: To put Handcuffs on without incident”.
Most Honest thing that’s ever been said. They don’t care if your innocent or guilty, the just want to put you in jail without incident!
Nah. They want to detain you without incident. Once they detain they go about their job. It’s standard procedure for the suspect to be detained while details are gathered for the officers safety. While there are examples of this being abused, it is common practice. The officer in this case however was in the wrong.
@@Frep77 the person arrested was the one who needed safety though. Why do the cops need safety? They have guns
@@Frep77 not how it works. They need their evidence FIRST. You honestly think cops can walk up and cuff you for shits and giggles? What country do you think you’re in?
That's how they make money
How can they allow the 2nd officer to testify to be sitting in the court room when the first officer was testifying? That is crazy! He is just going to parrot back everything that the first one said, whether it is the truth or not.
Which he literally did, right down to what he couldn’t remember. The judge started out giving the officers a second place ribbon cuz she was about to rule against them. She should have said “don’t do that”. Cops lie. Everyone lies! Just because you pin a badge to a chest doesn’t make them “worthy” of the power and responsibility that comes with that badge.
I dont understand this either.. no witnesses get to hear other witnesses, except cops?
Because the government is corrupt. Think about it, who is going tell a JUDGE they are wrong?that’s why they have appeals court because most judges are corrupt and in cahoots with their law enforcement and DA’s. We can’t trust a single judge anymore on the local level because corruption is so normalized that they know they can do whatever they please just like the cops
Great question, I saw another evidenciary hearing with the DUI Lawyer that addresses this. Before Cop A testified, He asked the other witness (Cop B) leave the court until after Cop A was done, and the judge agreed. Maybe it's an option that they don't always ask for? I'm pretty sure during trial the witnesses are usually sequestered right?
It was permitted because it wasn't a trial.
Wow.. I'm a truck driver and even I realize that the most you could get on this guy is maybe public intoxication. Just another example of an overzealous Department wanting to pump up their DUI stats
He was sitting in his car so couldn't get him for public intoxication
"pump up the charge to DUI for their stats is one thing, it is the fact the charge gets "dropped" police "STILL" keep the stats as still a good charge all to pad their pockets from the government
i have a friend who got a dui for setting in a car without a motor with the radio on
Depends on the state. Here in NY, just being in your vehicle with the keys is considered DUI. The vehicle Doesn’t even have to be running.
"Just another example of an overzealous Department wanting to pump up their DUI stats".
Or a cop who lost a sibling to a drunk driver accident.
They were checking for weapons, yet they didn’t notice his phone in his hand. What a load of BS
Its hilarious how they only recall what their attorney is asking, they where coached
This case shows an officer trying to stretch "actual physical control" far beyond any rational limits.
Both of these cops couldn't remember if he had a cell phone, but they could remember that he didn't have a gun. You'd think, that they would remember him having something in his hand, become worried that it was a gun, and then relieved to find out it wasn't. That seems like something that would stick in your mind. I mean, people have been shot before because they were holding a phone that resembled a gun in the heat of the moment.
Since no shots were fired, they know it wasn't a gun in his hand. If there was sa weapon, they'd have escalated to shooting, which would be their standard procedure.
Exactly! Cops are liars
A cell phone in one hand and a cigarette in the other. They cannot cuff him if his hands are full! Of course they knew he was on the phone and smoking! They are liars and should lose their jobs. Ridiculous!
"As soon as the windows popped i could smell the overwhelming odor of alcohol. "
What a damn liar!
Attorney: “Seems to be difficult to get a yes/no answer out of you guys. Can I assume you won’t remember or recall anything that will help my client?”
Police: That’s affirmative.
It's so crooked that they just happen to "not remember" the phone. They just want to stick it to an innocent man. They should be fired.
I recently had court and I dealt with saaame thing...I had to keep objecting but judge time and time again allowed witness to answer irrelevant questions and ask me questions in which I continued to object
These officers go to court months or even years after the incident. Also they are under NO circumstances allowed to fill gaps in their story or lie. If you listen to officer testimony from court you’ll hear them say a ton that they don’t know or don’t remember.
Saying the quiet parts out loud, once again.
corruption proved!
Anonymous call my ass, it is very common in the south ( I live in Georgia ) for the police to stake out local bars, and then try to arrest people as soon as they get in their car for intoxication. Thankfully, this judge saw through that.
Exactly.
Cops do the same in illinois. Funny thing is when they stalk a vehicle and pull it over for suspected dui just to find out their claim was false bc the driver drank water all nite and the passengers were the shitfaced ones
MA is like this too. They think anyone out late at night is drunk. MA is also very against guns, and any DUI conviction here bars you federally for life from getting a gun license. Hmmmm
Actually no they had a call and they are recorded. That's not really the issue anyway.
What's the problem with cops arresting drunk driver as they leave the place where they got drunk? Did you think they should wait until after they kill someone to make an arrest?
out here in california also!