A recent arrest of a man playing guitar on a public sidewalk raises deeper questions about the power of American policing and how cops have nearly lawless discretion to arrest and harm. Please join journalists Taya Graham and Stephen Janis for this important episode of the Police Accountability Report!
Producer: Stephen Janis
Taya Graham
Director/Video Editor: Adam Coley
Audio Engineer: Bababtunde Ogunfolaju
Camera Operator: Will Arenas
Cameron Granadino
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#auditor #policebrutality #activism #policeaccountabilityreport
** (Disclaimer: This video content is intended for educational and informational purposes only) **
Stuff like this is what makes the police worse than the criminals
What was the outcome? This has been a few years.
The case law is somewhat against him since he was on the grass near the business and the business called the police to have him trespassed. Especially if he ever put a foot on their property. But also if he was near their property in such a way that one could think he was on their property. Courts don’t expect police to measure property lines.
There are several cases where people have filed section 1983 lawsuits against the police and businesses that have had them trespassed and lost in court.
{Kelley contends that the officers did not have probable cause because they should not have made an arrest without checking official records for the location of the property boundaries. She claims that she told the officers that she was on a right-of-way and that they had a duty to investigate before arresting her. We refuse to add this extra requirement to the probable cause determination. We have held that if an officer has established cause on every element of a crime, he need not continue investigating in order to test the suspect's claim of innocence.}
—Kelley v. Myler, 149 F. 3d 641 – Court of Appeals, 7th Circuit 1998
Kelley was in fact on the public right of way. Kelley’s claims were time barred but the 7th Circuit took pains to explain why it would have ruled against her even if her claims had been timely.
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{Certainly we cannot expect our police officers to carry surveying equipment and a Decennial Digest on patrol; they cannot be held to a title-searcher's knowledge of metes and bounds or a legal scholar's expertise in constitutional law.}
—Saldana v. Garza, 684 F. 2d 1159 – Court of Appeals, 5th Circuit 1982
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{Bodzin contests the conclusion that under the undisputed facts the arrest was supported by probable cause. Bodzin first says that as a matter of law, the officers could not have reasonably believed him to be trespassing without first ascertaining the location of the property line from official sources, and thus did not have probable cause to believe that he was on private property. He essentially proposes this search as an additional element of probable cause in such property cases. We decline to engraft such a universal insistence upon the essentially ad hoc inquiry into probable cause. In Saldana v. Garza, 684 F.2d 1159 (5th Cir.1982), cert. denied, 460 U.S. 1012, 103 S.Ct. 1253, 75 L.Ed.2d 481 (1983), a § 1983 false-arrest case in which the plaintiff had been arrested for public intoxication despite his contention that he was standing in his own driveway, we affirmed a judgment for the defendant officers, adding:
Certainly we cannot expect our police officers to carry surveying equipment and a Decennial Digest on patrol; they cannot be held to a title-searcher's knowledge of metes and bounds or a legal scholar's expertise in constitutional law.}
—Bodzin v. City of Dallas, 768 F. 2d 722 – Court of Appeals, 5th Circuit 1985
Did you had to go on the innocent musicians that was disturbing I was performing In the stationed once in awhile the doctors told me that I should not be touring again
This is tyranny. I feel bad for the man.
Cop egos are the biggest threat to citizens.
The very reason people don't like cops.
Hi Taya, Steve
Love the work you guys do…thank you. Something to look into: in cities where the police have been threatened with defunding, suddenly crime goes up…..i have a suspicious feeling cops are actually committing those crimes to insure their departments are not defunded. I guess it's their way of protecting their jobs. NYC was an example…the minute they got defunded, crime suddenly went up and the media (on the side of the police) happily began reporting on it. Saying things favorable to the cops so the Mayor and City Council would reconsider defunding the police. Please don't let them get away with this ploy. Also, what good is our Constitutional Amendments if when cops violate them, they don't pay a price? I say force them to have insurance so that when they get caught doing something wrong they pay with their own money and not the tax payer's. Finally, the police are the problem….don't let them fool us!
Im sorry but i stopped watching your video the instant you LIED and called out REPUBLIC a democracy. it is NOT a democracy. It does have democratic principals but it is a REPUBLIC.
Republic: Where the powers of sovereignty are vested in the PEOPLE who exercise those powers either DIRECTLY or indirectly through representatives chosen by the People.
Vested: Having the characteristic of giving the rights of ABSOLUTE ownership.
Therefore, in a republic, the People, as individuals, have the rights of absolute ownership over the powers of sovereignty.
IN a democracy on the other hand the People are not sovereign in their individual capacity but only in their collective capacity. In a democracy, once the majority dictator has spoken everyone is bound by it. Neither the individual nor the minority have ANY rights what so ever.
STOP calling the United States a "Democracy".
Why do I get the feeling its not the whole story
He called the cop an asshole when it was actually him being so. The officer never called this idiot names that douchebag was arrogant and disrespectful and deserved to be put on the ground and arrested. I have zero sympathy for those kind of peo0le. Good job officer.
Contempt of cop…. That also known though out law enforcement as a "humbling" charge… I've got 6 public intoxicated arrest…. Which is pretty incredible for someone who doesn't drink… Its a shift in a city jail generally and your given a paper to sign that you admitted to being under the influence and they won't charge you or put it on your record… The last time they attempted to humble me… I refused yo sign as there was mo sobriety of blood alcohol test given. The jail cop threatened to release every one there except me over the next 72hrs, where i finally brought before a judge who then hear my plea and set a trail date… If they decide to charge me but likely they will drop the charges..however in the unlikely event the do charge me… And go to court… The arresting cop will testiLIE that he observed behavior he determined was due intoxication which being a trained professional is considered evidence i was even if i should have measured levels taken by doctor a couple minutes before arrest.. He still taken as truth… And im convicted
. My sentence most likely time served
Did he say $15.. Or $1500 dollars for the video?
Hayward, CA is much easier.
. In keeping you from obtaining the evidence by putting a $ five thousand
dollar price on video evidence.. Including private recordings they confiscate as "evidence"
Police are sinners too! Just because they have a uniform, a badge, and a gun doesn't make them righteous. That takes a pure heart and many who wear rags have it…..
I did like blue bloods, however I starting to see how much reteric it was spouting out.
Body cams, for and against
Old grandpa justifying police brutality.
Danny Reagan treating certain members of public with destain when things were not going his way.
Jamie was the one that wanted to solve problems on street level, and uphold rights and constitution.
Where the other cops saw the oath as an inconvenience.
Sometimes Tom Sleeke character Frank would show the same destain but not as much as Danny.
When a lawyer was suing PD, he said well played Frank,
Please can me by my name, commissioner…
A member of public has no legal or lawful obligation to do that.
Frank was throwing his police weight.
I like blue bloods, but the messages get me concerned.
States hav the power to enact detention and use of force laws. Fear should not be a justification for deadly force. 1. Imminent serious injury or 2. an escalating threat of serious injury are the only reason anyone, civilians or law enforcement, should b allowed to use deadly force.
We need to disband all departments and start over.
I agree that Police are about as useful as tits on a bull. They only work for The Powers That Be.
However, I do not agree with what seems to be a Race Baiting Technique that you seem to be using.
Pigs don't JUST chase/harrass/brutalize and opress 'People of Color'… They go after ANYONE who isn't in "The Club".
And to be in "The Club", it doesn't matter if someone's green or purple… It matters on who ya know and who ya blow. And having Big money doesn't hurt, either.
It's called the 'JustUs System' for a REASON.
Tried emailing.. wouldn't go thru (hmmmm..) so here goes class action RICO suit. Continued operation of a criminal activity (ie manslaughter etc) for profit. Reagan finally disabled most trade unions but seems to have missed this one. Btw great work.
Did his case go to court yet? If so, what was the outcome?
Get rid of the police unions and you will see reform like instantaneously, they will realize that their qualified immunity is gone and their abhorrent behavior won’t be tolerated anymore. Then they can be sued personally that way they get the point that they can’t do as they please and enforce their feelings versus enforcing the actual laws
Don't talk with the police talk to the judge remain silent
I think they are "Vaccinating" the cops with KILL GATES CV-19 VAX that alters their "DNA" so they haven't got 2 BRAIN CELLS to RUB together! They just "FOLLOW ORDERS" and do what they are told.
Cowards on payroll (COP) the entire judicial system is nothing more than legalized crime promoted by corrupt politicians !
To be an "officer", a police must be law abiding and respectful. These two police behaved as violent criminals and should not afforded the flattering title of "officer". It diminishes the value of title for those who deserve it.