Sheriff's Office yeah yeah we just come back to town Jimmy who else is here
no okay well you know what are y'all doing here
so what are you doing I hear you smoking weed or something I mean
I can smell it I mean you ain't got a lot to me
ma'am you're gonna have to chill out
so the obvious difference between a police officer and a young girl selling Girl Scout
cookies approaching the home is that many if not most homeowners have no idea
whether they even have a right to refuse to answer the door or talk to the police
on their property or ask them to leave and police like it this way they don't like to
inform people of these rights and the courts have ruled that they have no legal obligation
to do so so you have to inform yourself and you have to spread the word [Music]
this video was submitted to me from Callaway County Kentucky showing police officers entering
onto the property of a private home without a search warrant just with an arrest warrant
for some guy who did not even live there this raises constitutional issues about whether law
enforcement can enter and remain on someone's front yard under these circumstances where the
home's residents are present and asking them to leave and where there's no arrest
warrant for those individuals nor a search warrant for that particular home this also
raises issues about whether the police can detain those people including their guests
without their consent and in the absence of a search warrant this is a common issue
that most people misunderstand especially police let's look at the footage which you
haven't seen anywhere else and clear up the legal rights at issue on March 18th at 1 15
a.m the Callaway County Sheriff's Department in Kentucky arrived at a private residence with an
arrest warrant for a guy who did not reside at the residence but whose vehicle was apparently
parked in the yard undergoing maintenance by the homeowner when the footage turned is on you'll
see that police are walking towards the husband homeowner then you'll see the man's wife come
outside and ask for a warrant and also ask for the officers to leave the property okay
who else is out here before you should come back to town Sheriff's Office
Sheriff's Office yeah yeah we're just coming back to town give me who else is here
no okay well he ain't got a warrant get off my property
[Music] I mean I can smell it I mean you can get a lot to me
pretty all right ma'am you're gonna have to chill out
we're here investigating something
well you can go see Nikki now at 8am Monday morning I don't care
like go ahead and step over here talk to us
oh man I ain't got nobody
and he's been driving he hasn't been driving next okay okay
don't be reaching for nothing all right I'm going to cut out Jim's violent arrest here where they
use force on them because that's not the primary purpose of this video and it will probably get
censored by YouTube unfortunately if I don't so check the raw footage Link in the comments
you get your lawyer I don't give a job we have
programs
he did in front of us and then he goes more earlier
Please spell it out any clearer than that okay so hold tight right there
but we do respectfully you shut the [ __ ] up shut up you know what what
God damn it let's go let's go you're done watch me I'll be right back with you [Applause]
hey go go watch her in my truck no he's ready I'm trying
I just crack the window make sure she's alert and all everything make sure she's okay
thank you right there probably was yours before he co-caught me in the jaw yeah I
told him about to go back inside he had something somewhere yeah well he hit me right here so here
's here's the bun I saw I walked around here and he had all that tucked underneath us
it looks like it's just this here yeah
but
I know I tasted I tried to drive something but I didn't get successful
anybody to pull on them I got to go pick up my cartridge I'm gonna try
to figure out where he had something pushed in his right hand yeah he's
trying to ditch he probably broke it up but it may be stuffed ones or something
obstructing resisting arrest everything
for the residents for the other person that we're looking for me he says he's
the only one left you are the only one in here correct nobody else in this house
good ideas what's your name Bradley right right when's the last time Aaron Burr's been here
so nobody else is in the house
all right [Music]
they might have been reaching for that screwdriver you know
oh and I detained her I dressed on him twice and then I just put in my report on them
search for do you live in here
attempt
looking for one beards okay when you show up this is what happens that's why you're made
to come outside when you pick your head open through that door you're coming out after we
just fought somebody and we found a long time especially until we identify who you are what
does that make sense you're not trouble but I'm saying is there anything like pipe or anything
inside that residence you know I mean there's nothing in there as far as I know okay foreign
you can just hang out in the truck but don't don't speak to her anymore until she's in red Miranda
um
you already got gloves on YouTube yes
and I can explain why what's uh let's secure that I want to uh let me just do that not 90.
you know we need to call 30. okay let's secure this or your um no sir okay you're fixing to
secure this residence here in a minute we're not gonna search okay and then uh
yeah you're probably gonna apply for a search warrant okay okay so I gotta make a phone call
did you hang out here I'll go secure this and then yeah
switch the residence While you hang out right here hold this [Applause]
do you have anything foreign
immediately asks if they have a warrant then several times the officers make it
sound like they do have a warrant but they don't they apparently only have an arrest
warrant for a third party who does not reside at the residence and they call this a warrant
attempt but what the hell does that mean it means nothing they have a warrant that has
no legal application to this property or the residents of this home that's like saying they
have a warrant for Vladimir Putin and are attempting to execute it in these people's
front yard it's meaningless according to the 1980 Supreme Court opinion and Payton versus
New York in order to legally arrest someone in a home rather than a public place absent consent
or exigent circumstances police officers must have a warrant very early on here the husband
told the cops that the guy that they were looking for does not reside there and hasn't been there
but then the cop starts asking him if he's been smoking weed problems so what are you doing I
hear you smoking weed or something I mean I can smell it I mean you can get a lot to me
for context this conversation is taking place in the front yard of this man's house with cops who
do not have an applicable and valid warrants and who have already been asked to leave but
have refused and they begin questioning him and searching the man's front yard without consent
and without any applicable claim of exigent circumstances according to the 1984 Supreme
Court opinion in Oliver versus United States the heightened Fourth Amendment protections of the
home extend beyond just the interior of the home itself into What's called the cartilage of the
home which is the land immediately surrounding and associated with the home because according to the
Supreme Court the cartilage is considered part of the home itself for Fourth Amendment purposes in
the 2013 Supreme Court opinion of Florida versus jardines the Supreme Court held that a search
undoubtedly occurs when the government without a warrant obtains information by physically
intruding within the cartilage of a house which in that actual case involved the home's front front
yard and front porch the court cautioned that a search occurs unless a homeowner has explicitly
or implicitly sanctioned the government's physical intrusion into the constitutionally
protected area I.E the yard and or porch of the home which obviously did not happen here under
the so-called knock and talk exception to the warrant requirement a police officer not armed
with a warrant like here may just approach a home and knock on the door precisely because that's no
more than any private citizen is allowed to do and this means that there is a implicit license
for police to approach a home by the front path knock promptly wait briefly to be received and
then absent some invitation to linger longer then leave a police officer may also bypass the front
door or some other entry point that is normally used by visitors when circumstances reasonably
indicate that the officer might find the homeowner Elsewhere on the property critically however the
right to knock and talk does not entail a right to conduct a general investigation of of the home's
curtilage like you see the officers doing here in this video so the obvious difference between
a police officer and a young girl selling Girl Scout cookies approaching the home is that many if
not most homeowners have no idea whether they even have a right to refuse to answer the door or talk
to the police on their property or ask them to leave and police like it this way they don't like
to inform people of these rights and the courts have ruled that they have no legal obligation to
do so so you have to inform yourself and you have to spread the word but then you have cases like we
have here where these people this lady certainly does understand her rights she is demanding
a warrant she's demanding that they leave the property and this sort of catches them off guard
they're used to bullying and intimidating people who don't otherwise know that they're allowed
to kick the police off their property so they don't know how to react and they film themselves
therefore violating the fourth amendment in this video so police officers and anyone else really
just only have an implied license to come onto your property and knock on your door or remain
this implied license can be revoked just like it was revoked here and they didn't leave and
that violated the Constitution homeowners can prevent ordinary citizens and police officers
alike from conducting knocking Talks by revoking that implied consent like this woman did here
but remember few citizens know that this implied license exists and generally the courts require
that a homeowner do so by clear demonstrations or Express orders for instance asking someone to
leave or refusing to answer questions and these homeowners certainly did that in this case and
I'm sure I'm leaving out a bunch of other things not the least of which was the fact that the cops
beat this guy and I believe tased them as well three times or multiple times and the guy left
in an ambulance and they broke his rib busted his eardrum and dislocated his shoulder I'm not
sure what the outcome of the criminal case was perhaps it's still pending but but for obvious
reasons I can't show the violence on here as you know with the censorship issues with YouTube so
I'll post a link to the full raw footage that you can watch and they end up searching this property
and though cops can't do that they can't come and refuse to leave your property and just detain you
there until they get a search warrant later for a number of reasons so as always thanks
for watching if you like watching this sort of footage and also going over the Constitutional
law that underlies all of it and that protects all of us then please subscribe both here and
at the blog at the Civil Rights lawyer.com remember freedom is scary deal with it foreign
foreign