car hit on flock is being stolen okay apparently ncici says the car's been been stolen
so Aggie stops it takes him out of the car hands up hands up
both hands up he's the owner says he never reported it stolen that was in the corner
right yeah and he drove like looking at me I was like you look at me so yeah all
the things together I checked and then came back why would it come back stolen
this is my license those are my license yeah and that's my license that was my tag I have
it registered did you have any issues with the vehicle has anybody else driven it um any issues
with a tow company anything like that never had a toad my bad she said negative stores I thought you
said stolen because I would have came to me was a stolen in the freaking uh flock [Applause] see
foreign
welcome back to the civil rights lawyer Channel this footage just recently released out of Hampton
Virginia shows a math teacher being pulled out of his car at gunpoint by police they thought
the car was stolen but it was not stolen as I explained before in a prior video this happens
all over the country what is the law on this Can the police just aim a gun at you and order
you out of the car just because their computer system says or they mistakenly believe that your
car is stolen they have no other information about you indicating that you may be armed or
dangerous just a computer entry take a look at the footage and then I'll explain hands up hands up
both hands up turn off the car your car is coming back stolen face away from me
who's this car is it your car guess what it's going to digital report
installing yes sir you did no reports though the calculator
I ain't got no big with nobody yes sir hey man I ain't upset I just didn't get to work car hit on
flock is being stolen okay apparently ncici says the car's been been stolen
so Aggie stops it takes him out of the car he's the owner says he never
reported it Stalin you see the registered owner I'm gonna check right now it isn't
why the hell are coming back at stolen was it the tag that's stolen or is it the vehicle
I don't know he came back as a stolen vehicle you verify that through info not through info but uh
Comstock given return I just told me who else drives your vehicle no God with me I don't know
and that's my license that was my tag I have it's registered did you have any issues with
the vehicle has anybody else driven it um any issues with a tow company anything like that
never had a toad I know but have you had any issues no sir none whatsoever no sir
squared away on handcuffed
oh she said negative stolen
comfortable
because I what came to me was installing in a freaking uh flock [Applause] see
I was like a second behind the car when I saw it what does it say right now
those are stolen stolen vehicles
updated
honestly I was just I don't know why so the officer didn't know either and so we're gonna
try to get to the bottom of it from all I can do all I can do is comply yes sir yes
I'm saying yes sir I just uh I feel bad because I mean 99 times out of 100 the system was right
at one time I don't understand why it came back as stolen but it's all a bit yeah you're good to
go you sure yeah okay I appreciate you yeah no problem thank you very much just fix it that's
all I'm not gonna trust it it's not about trusting it's a machine there is no right or wrong it looks
for a series of numbers that was in the corner right yeah and he drove like looking at me so
yeah all the things together I checked I got you and then came back later that day the math teacher
called the surgeon at the police department and had the following conversation with him about
what had transpired earlier that day what I'm doing right now with off for the Jaguars we're
actually digging into the middle I'm trying to figure out how this happened and why it happened
um because if you know he's only a gunpoint over a vehicle that belonged
to you and I got to figure out how we got how we how did we get to that point I was
put you know I didn't do anything wrong but I'm just saying right and then
everybody see you know yep I had done something wrong they have to examine two pieces of this the
first step is I have to figure out how we got to that to begin with right okay okay uh how did how
did we get to where a vehicle that is not stolen is coming back as a stolen vehicle which causes
the officer to respond in a certain way did he operate appropriately with that understanding
I don't know that either as you would know if you watched my video out of Lehigh Colorado this is
far from an isolated incident this happens all the time and there are many more examples out
there and what do all of these examples have in common innocent people that as I said could be
your mother your father all held at gunpoint by your government not in response to anything that
they did wrong not in response to any threat being presented at all to police officers just because
it's your government's policy allegedly to do this if the car comes back stolen then they perform a
so-called high-risk or felony stop but is that constitutional is it constitutional for your
government to just aim a gun at you because it's their policy because your vehicle is coming up as
stolen on their computer system no it's not as I explained in the Lehigh Colorado case the Fourth
Amendment which would govern this is all about the government the police acting reasonable so they
can aim a gun at you under certain circumstances they can shoot you under certain circumstances but
the facts are very important you always have to look at the facts rather than just policy
remember police policy is not law many times in civil rights litigation federal judges will not
even allow police policy to be shown to the jury because it's not the law the judge tells the jury
what the law is the police don't get to make up the law they get to make their own policy
to govern the conduct of their officers but that doesn't mean that following policy is legal and
vice versa so police departments all over the country they do have this policy where they are
going to perform a high risk stop or a felony stop on a vehicle that is believed to be stolen but
that would be a mistake in my opinion because it's going to include many different situ situations
such as this one where it would be unreasonable to point a gun at somebody so just because we all
know that these computer systems make mistakes we also know that police officers make mistakes so if
they're going to point a gun at somebody there is going to have to be sufficient knowledge on
behalf of the police officer that there's some Potential Threat there it just cannot
be enough that the car is coming back is stolen that could be any number of things such as the
police officers know who the individual is and that's driving the car or some other occupant in
the car and that person may be dangerous there would have to be some sort of information that
the police officers knew that this individual could be armed or dangerous or they observed
the person doing something that indicated to them that the individual may be dangerous or it
could be a you know they're they're looking for a serial killer I mean something like
that where there's some sort of reasonable threat in a police officer's mind so in this case the
police had no information that this guy could be dangerous that he was some sort of serial killer
or that he could even be armed as I've explained before this is really no different than if if we
as homeowners said well now we're going to have a policy of answering our door with a pointed
firearm at anyone who Rings our doorbell would that be reasonable no would it be reasonable if
somebody was standing there with a weapon yes if somebody was making threats through the door yes
if somebody was pounding on the door in the middle of the night and that scared you yes but if it's
just somebody anybody you don't know they're not doing anything to indicate that they're a threat
then it wouldn't be reasonable to point a firearm and it's really no different for the police in
this case there was absolutely no information that this math teacher was dangerous in any way
there was no information that he was armed all we see is this apparently incompetent officer who I
guess he could explain it perhaps if he sued but for some reason he saw this guy driving now we
know this guy doesn't look suspicious we know the car doesn't look suspicious but something caused
him he doesn't say that the guy was speeding or committing any traffic violations something caused
him to run the plate I guess he can explain that and he ran the plate and I'm not sure what level
of incompetence ensued thereafter but it appears according to what they told the media that their
computer system did not malfunction so that implies that this officer malfunctioned maybe
he read the wrong number maybe he put the wrong number into the system I don't know the fact is
that the officer screwed up and this man had done nothing wrong and he got pulled out of
his car and that was completely unreasonable in my opinion that was a Fourth Amendment violation and
apparently this guy has lawyered up and is going to sue so I hope he does and I hope he wins and
I hope there's some accountability for this police officer just like the rest of us in the real world
have to face when we screw up as always thanks for watching if you like to go through these sorts of
videos and discuss the Constitutional law behind it please subscribe both here and at the blog at
the Civil Rights lawyer.com remember freedom is scary deal with it I'll see you next time
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