Watch a Judge DISMISS a DUI 2nd Offense: the Cop admits he Arrested my Client for INTENT to Drive!
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- Опубликовано: 17 янв 2019
- Jefferson County District Court.
October 11, 2018.
Direct Examination of Officer Daniel Goldberg: 0:18
Cross Examination of Officer Daniel Goldberg: 9:15
Direct Examination of Officer Matthew Carmen: 13:15
Cross Examination of Officer Matthew Carmen: 15:14
The DUI Guy's Argument: 17:33
Prosecutor's Argument: 22:10
The DUI Guy's Rebuttal: 27:52
Prosecutor Reply: 30:04
Court Decision: 30:30
Client gets wrongfully accused of a DUI Second Offense on the afternoon of January 1, 2017.
Client was drinking at a local bar and went to his car to charge and use his phone on New Years' Day. Some patrons called the police thinking he was getting ready to leave.
His tab was still open at the bar and he had tokens for the arcade.
The officer arrested him and charged him with a DUI, despite the fact that he was not operating the vehicle at ANY time. This was, unfortunately for him, his second offense, so the officer was biased from the get go.
The defense was that since there was no operation or physical control, an essential element is missing and the prosecution cannot go forward.
The prosecution countered that even though the vehicle didn't move, my client was intoxicated, (which we did not dispute - since that was not the main issue) and that he was in physical control of the motor vehicle.
The Judge agreed with the defense that there was no operation or physical control and found no probable cause for the DUI Second Offense Charge.
Three months later, we got the DUI Second dismissed by motion of the prosecutor and if the client stays out of trouble for a full year, the whole case will dismissed, including his resisting arrest charge.
UPDATE: The case was 100% dismissed in January, 2020.
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Judge: Honorable Katie King, Jefferson County District Court Division 304
Defense attorney: Larry Forman, a.k.a. the DUI Guy
Prosecutor: Roy Denny
Arresting Officers: Daniel Goldberg and Matthew Carmen, City of Jeffersontown Police Department
NEED TO BEAT A DUI? I CAN BE YOUR LAWYER, TOO.
Call 502-931-6788 OR
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#criminaldefenseattorney #duidefenselawyer #duiattorney
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.
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
Resisting a blatently false arrest shouldnt be a crime.
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
“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.
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.
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.
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
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!
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.
Thanking the officers? That expresses bias and should be grounds for a recusal
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.
@@3PercentNeanderhal 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....
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..
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.
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.
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 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.
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
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.
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.
🤣🤣🤣
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.
"The most dangerous thing in life is an incompetent that has been given a gun and a law enforcement badge."
- Steven Magee
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.
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
@@OleMisss Ok, drunk hillbilly who cleans my toilet for a living.
@@OleMisss 😂😂😂😂😂
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!!
Remember when a police officer says I don't remember or I don't recall that's a flat-out lie every time
Funny how fast they show up for a DUI.
Imagine how long it would take them to arrive on a B&E
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.
Colorado has that law. You can be charged with a DUI for having your car keys in your pocket while intoxicated.
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.
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.
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.
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.
Defence should ask cop if caller was a paid informant....
This is actually the perfect case to show the prosecutor trying to cover up the bad cops actions
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 ..
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.
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.
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!
"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.
It's been here for decades
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.
🤣🤣🤣😂
"The Overwhelming Odor of Alcoholic Beverage" 😂😂🤔🤔 Fu$king HILARIOUS.
It just proves the old adage. You can pass the charges, but you will never pass the ride. Qualified immunity needs to be abolished ASAP. Make these idiots pay for their utter contempt of the actual law.
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
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.
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...
"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?
Great job as always sir 👍🏻
Thank you Judge
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.
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
Great job by the lawyer to defend the defendebt in such a manner, very thorough...
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.
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
And we are paying them to lie against us, we live in a bizarre world.
Is a subtle but brilliant thing the defense attorney did. When an officer that is trained to answers questions in a court of law keeps saying I need to refer to my citation, it's a brilliant trick to make the officer look incompetent, just ask a simple yes or no question like was the car in park? You noticed how even the judge said its a simple yes or no answer? It's questions like these you pay good lawyers.
Also by asking question that require memory instead of questions that can be referred the citation. He can also attack the officers ability to fill out a police report.
Appreciate you sharing
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.
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.
Good counter and having the information that it has been used in recent years as well. Very nice.
In 2003 i lived in a town with less than a thousand residents. Although it is a small town, it is incorporated; it has a volunteer fire department; a post office, and a police department. At the time, we had 4 or 5 officers and a chief. I was "pulled over" sitting in my driveway one night just a few minutes past midnight. The car was off and the radio on. There was a stop sign on the public easement just before the gates of my driveway. He stopped at the stop sign and sat there a good 2 or 3 minutes, then turned the blues on, got out - leaving his car in the middle of the street - and proceeded to walk the length of the driveway to my car lol. I don't really know what he thought was going to happen, but nothing did, other than me pisssing him off. Coincidently, i live in the same house, but this time we own it. Every time the town cop pulks up to that stop sign and hesitates, i remember thst night and chuckle, while at the same time thinking its only a matter of time before it happens again.
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
I was a city police officer and it is the officer’s responsibility to prepare themself to testify in court. This officer seemed very unprepared for this trial. The judge ruled correctly, in my opinion. I feel the appropriate charge might have been public intoxication, if anything at all. Anyone coming out of a bar will probably smell of an alcoholic beverage. Unless there was additional behavior that indicated intoxication, I don’t know if I would have looked to find an offense worthy of an arrest. Until the car is in gear and moving, he isn’t driving at all. Good case. Context and facts are always key.
The only thing this cop remembers is that he doesn't remember. Unless of course it strengthens his case.
I love how the judge had to stroke the cops ego’s prior to giving her decision. Obviously didn’t want to get a retaliatory arrest in her future.
It’s concerning how the courts, prosecutors and police work hand on hand. It’s a legal system not a justice system, unfortunately.
Did he file a lawsuit
You are just one traffic stop away from having your life destroyed..
"As soon as the windows popped i could smell the overwhelming odor of alcohol. "
What a damn liar!
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.
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
Never ever sit in the driver’s seat unless you plan on driving it.
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.
A motto adopted by a lot of police departments is “everyone is guilty of something, we just haven’t caught them yet”. So they operate from the attitude of guilty until proven innocent.
Once you here the Maranda statement that, ANYTHING You Say Can And Will Be Used Against You.... there should never, ever again be any confusion in your mind over whether or not the Cops are your friend.
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
It's insane that these officers come to court unprepared!!
It's telling how the judge had to add an apology for the officers who illegally arrested a citizen.
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.
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
My friend was "pulled over" outside our house while sleeping one off in his car after a party. He was told he couldn't be in his car in possession of his keys.
If that were the case, when has a cop in Phoenix ever let a guy off on a DUI charge because he says "My friend lives right here, I'll just go inside"
DUI...Driving Under the Influence. What did he do wrong if he wasn't driving? Cops are heavy handed, and are NOT following the letter of the law.
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
Prosecutor: "Well we can speculate..."
Judge: "No, not really..."
Well considering he’s sitting in the front seat with the car running it wouldn’t be a far fetched idea the guy was thinking about driving. That’s why cops can get you for APC. He refused a breath test so he automatically pled guilty to a DUI. None of the arguments made mention of any of that. I’d say the prosecution needs to stick to his guns a little more. You don’t need intent to drive and that’s why the judge failed. The guy had actual physical control of the vehicle and could have driven away at any moment.
@@jch8044
You know that particular states laws? I'd be fairly confident to do the same in my state, knowing its laws regarding dui.
@jch8044 How is this a failure on the judges part if justice was properly served, based on current law and case law??
Jc H... He might have been sitting in his car and turned the engine on to warm himself up. I've done that. I think they arrested him too early. When he started to drive, then arrest him.
@@jch8044 are you say theguy had to freeze todeath wait for his friend
this jan. the middle of winter
all you are saying is if you go out drinking youmayas well drive home because you aregoing to get arrested any way
Sitting behind the wheel drunk with the motor running on a public street should a DUI conviction.
what disrespect to the judge, when you answer you stand up
Its hilarious how they only recall what their attorney is asking, they where coached
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.
They are so proud of themselves arresting people.
This is where I brought up the seatbelt ticket. Also, if you're just sitting in the car listening to the radio engine running, you're not moving anywhere, that's not the intent to drive. There's 2 intense potential one. As you could drive the other one. You're just sitting there and listen to radio. The other one is you're sitting there laying down. Listen to music relaxing getting a sleep break. Fuel, you're waiting for a tow truck to come.You see what i'm saying
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"
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..
In some states and cities, sitting in a vehicle on the drivers side, with the keys in their possession, they could be cited with "Intent to drive while intoxicated."
Cop made a tactical approach but didn't know what was in his hands when he made contact
Another one in your file!! Well done. Love watching all your videos. I’ve learnt so much . Thank you an keep up the good work
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
I love the new ‘assume everybody’s a criminal with extreme prejudice’ that all these cops take
They got an anonymous call, showed up how ever many mins later car hadn't moved. Guy was smoking a butt, said he was going back in, had an open tab, had tokens for more games to play, but DA claims he intended to drive...... this is out justice system
@@chucknorris277 Thoughtcrime.
This case shows an officer trying to stretch "actual physical control" far beyond any rational limits.
It’s amazing how many police officers lie in court under oath. Blows my mind on how they get away with untruthfulness.
Them as well as the politicians in DC
anyone who drinks and drives deserves life behind bars.
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