LAWYER: How to Get Cops to Pay for Their Mistakes

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Andrew Flusche Attorney at Law

Andrew Flusche Attorney at Law

Күн бұрын

Police officers are human, and they make mistakes. But what if those mistakes violate your rights? I'll walk through some of the best tips to defend yourself from these egregious errors.
Leave Andrew a voicemail with questions or ideas: www.speakpipe....
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Пікірлер: 313
@RicardoRoams
@RicardoRoams Жыл бұрын
I was raised to believe that, in this country, you are innocent until proven guilty. That may be true in the courtroom, although I'm beginning to even have doubts about that. But it is definitely NOT true when it comes to encounters with the police. If I get pulled over, I figure I'm screwed. I'm a 71 year old male. I have long hair to the middle of my back. I have ear piercings. So the cop will automatically assume I do drugs or deal in drugs, or both. I do neither. I will refuse to engage in any field sobriety tests, and I will refuse consent to any searches and seizures of my vehicle and person. I will respectfully refuse to answer any questions and will invoke my 5th Amendment right to remain silent. This will result in the K9 scratching up my car, registering a false "hit" and having my car torn apart in what is now a "legal" search. They will find nothing unless the cops plant the "evidence". But the end result is I will likely be falsely arrested for DUI or possession. Cops NEVER admit when they're wrong. I will certainly need a good lawyer. This will cost me a tremendous amount of time and expense. I will have an arrest record that may take months, even years to clear. It's very important to have a dash cam that not only records day, date, time, GPS, but also your speed. Always record all encounters with the police. And always remember Andrew's most important advice. Don't talk to the police!
@d.vaughn8990
@d.vaughn8990 Жыл бұрын
You are guilty until proven innocent. Is the defendant compensated for his/her reasonable losses, once a 'Not Guilty' verdict is rendered? For example, will the Court 'award' payment of interest on your bail bond? I believe, in the majority of cases, the answer is No.
@montewolf3570
@montewolf3570 Жыл бұрын
A great way to control slaves is to convince them that they are Free.
@calebfielding6352
@calebfielding6352 Жыл бұрын
I would argue that if we were innocent until proven guilty in the courts this wouldnt be happening. Since the courts and especially the judges are out of control the cops and prosecutors are as well. There needs to be major judicial reform in the U.S. Fact is that the constitution is wrong to make it so hard for bad judges to face consequences for their actions.
@robertsteinbach7325
@robertsteinbach7325 Жыл бұрын
Expect to be treated like "you might be guilty until you are in court", that way if the interaction is better than that it will be a pleasant surprise. A few bad cops believe all non-cops are guilty no matter what, a few very good cops understand you are innocent until proven guilty, and the majority just there to do their job as trained and get through the day in one piece, like any other working Joe or Jane. Unfortunately in America the work ethic, training, competency, and knowledge of the law varies highly among police departments and individual officers. Some will be on power trips, some start as cool cucumbers, some hold their cards close to their chest, some have great sense of humors, I've seen it all.
@keres993
@keres993 Жыл бұрын
@5169Ricardo you see where this country is going. It'll become a lot worse after good folks like you are gone.
@samwell707
@samwell707 Жыл бұрын
Love your videos as a fellow Texan. May i add a scenario; police pull you over for speeding, during the acquisition of your driving paperwork they ask you “you don’t mind if i search the vehicle do you?” You tell them that you don’t consent to any searches. The cop then tells you “I’m going to have to call in a K-9 unit, and it’s easier for you to just consent if you have nothing to hide.” This is where most innocent ppl say “that’s fine”. Do NOT say that! You are giving consent to wait there until a K-9 unit can be called in for the scene. A much better thing to ask is “what did you pull me over for?” Cop “speeding” You “so that ticket usually takes 5-10 minutes to write?” Cop “sometimes” You “you’re not allowed to prolong a traffic stop longer than it takes to write a ticket… you’re on the clock, I’d like to be on my way, I’m very busy” This destroys their qualified immunity if your civil rights are violated to prolong a traffic stop on a hunch.
@Isekai_Fan
@Isekai_Fan Жыл бұрын
FACTS! You are very well educated. Thanks for sharing with the masses.
@michaelrichey6783
@michaelrichey6783 10 ай бұрын
Or just tell them once they ask if you don't mind that you don't answer any questions. And if they ask any other questions just remain silent at that point. Only tell them that you're remaining silent only one time and say nothing else once you've given them your ID/insurance. Simple.
@PetrolJunkie
@PetrolJunkie Жыл бұрын
Just stand there on the roadside and remain silent. Officers broke a window trying jimmy a door lock when the other side was unlocked. Broke into a locked box under the back seat of my truck and thought they found gold when they located my legally possessed every day carry. I just left working a job at a bank so it was locked in the box because I couldn’t have it on my person. Dog supposedly smelt something, there has never been drugs in my vehicle. Pulled out interior panels, dumped out tool bags and parts containers. The longer they found nothing the bigger the mess they made. First judge tossed my suit under qualified immunity because the drug dog smelled something so there was good cause to search. The appeal was tossed as well. I got stuck with the repair bill. Welcome to America.
@Isekai_Fan
@Isekai_Fan Жыл бұрын
Never consent to a K9 search. They can only detain you a reasonable amount of time. If it takes a K9 unit 30 minutes to get there, you can win any lawsuit against them.
@nothanks9503
@nothanks9503 Жыл бұрын
They snatched my keys off my belt and ripped my unlocked glove box entirely out of the housing also dug through my safe in the trunk and let a bunch of cash blow away still got 6 years of probation
@jessicabutts5291
@jessicabutts5291 Жыл бұрын
❤❤❤ please never stop educating people on their rights good sir !
@chrismiller5198
@chrismiller5198 Жыл бұрын
"You're askin' for a whuppin' ". You can take the boy out of Texas but you can't take Texas out of the boy.
@Andrewflusche
@Andrewflusche Жыл бұрын
Truth.
@lostindixie
@lostindixie Жыл бұрын
The problem is, regardless of how wrong the officer is found to be, the system never allows you to "defend" yourself after-the-fact. You may have been permanently disabled, but all you may get is money and not from the individual officer.
@DaveAwesome
@DaveAwesome Жыл бұрын
Cops should carry professional liability insurance they pay for as part of the job so if they screw up their insurance pays for it rather then the cities 2.5 billion dollar empty wallet. Some of these cities don't have that money they have broken pipes and roads to fix. It's really causing a problem. If cities don't carry liability insurance to cover the police department, they are being naive.
@chrismiller5198
@chrismiller5198 Жыл бұрын
Absolutely. If the city pays that means the taxpayers do. Some of those taxpayers could the very people who have suffered the harm of police misconduct.
@bornfree3124
@bornfree3124 Жыл бұрын
Cops suppose to carry a surety bond to cover a suit against them.
@tjnak
@tjnak Жыл бұрын
better would removing their immunity and their union
@djs12007
@djs12007 Жыл бұрын
I always thought that'd be a good idea, but the question is WHAT Company would be willing to insure them? 😲
@chrismiller5198
@chrismiller5198 Жыл бұрын
@@djs12007 It would be a company that takes on high risk clients and charges accordingly high premiums. I suppose cops could get group rates through the FOP.
@arinerm1331
@arinerm1331 Жыл бұрын
Those last five words at the end need to be stamped into every civilian's brain until they can no longer see any other option when dealing with the authorities. **DON'T TALK TO THE POLICE!**
@Milesco
@Milesco Жыл бұрын
👍👍 👏
@elcheapo5302
@elcheapo5302 Жыл бұрын
Judge Andy sure looks a lot like Officer Andy! 🤣
@Daniel-ed4wv
@Daniel-ed4wv Жыл бұрын
it's a family run business :)
@bleirdo_dude
@bleirdo_dude Жыл бұрын
Good ole boys club.
@TheLunarLegend
@TheLunarLegend Жыл бұрын
And the judge looks like a bunch of the drivers they pull over, must be a big family.
@Bream243
@Bream243 Жыл бұрын
They are twins
@estuardo2985
@estuardo2985 Жыл бұрын
The thing that really sucks is that settlements against the police is paid by the government, basically you and me, which comes out of funds that could have gone to a plethora of worthwhile activities like schools, roads, etc. It is really rare that the personal bad actors are held financially liable.
@ArmandoDoval
@ArmandoDoval Жыл бұрын
The system is broken.
@hoder1_
@hoder1_ Жыл бұрын
I remember a case where the cops were apprehending a shoplifter and destroyed the house he happened to be hiding in. If I recall, the house had to be demolished and the owner got nothing. Great system 🙄
@sandybarrie5526
@sandybarrie5526 Жыл бұрын
I had a Police Sargent sacked for looting me during the 2011 floods in Ipswich, Queensland, Australia. they came to my property after "helpers" opened a safe (with out keys) and started handling my ammunition (legal Gun Owner) but Australian Law make me responsible. But they saw my grandfather's militaria collection, dozens of German Brass fuses from WW1, which my Uncle a Major used to lecture in the Australian Military Academy of Artillery in Canberra. I had safety certificates, but they were thrown out in the mud pile. so they demanded to take them. BUT refused to give me a receipt, (A must under Australian Law) when I complained t the Government 'Crime and Misconduct Commission" they investigated and found less than half the items taken showed up on the Police Station Records. they interviewed my camera club members who backed up me, and it took two years of him fighting it, saying you cant prove...", but in the end he was sacked. losing all his pension etc.etc. (in the mean time I had 2 years of "his fellow" police officers turn up on my property monthly and search without a warrant (I could have complained, but let then pass.)... (I had nothing to hide and watched them like a hawk, but, when he was sacked that all ended). i never got anything back or compensation.)
@robertsteinbach7325
@robertsteinbach7325 Жыл бұрын
At least this Sargent was make an example. Hopefully others Police officers will think twice before jeopardizing their jobs and pensions that way.
@lennierofthethirdfaneofchu7286
@lennierofthethirdfaneofchu7286 Жыл бұрын
New York, Chicago, and LA are the three largest cities in the US--one would expect them to have the largest total dollar payouts for any liability.
@boink666
@boink666 Жыл бұрын
facts sadly don't matter to many Conservatives. whatever fits their "Democrat bad" narrative is all they run with.
@thegreatvalamir
@thegreatvalamir Жыл бұрын
Yeah, and if they actually WOULD defund the police it might be worth bringing up, but as of right now, it sounded needlessly political. Both sides are just trying to fix the police by funding them more, so Defund the Police is a moot point. He was, at least, correct about one thing, though: We need to actually look things up and vote.
@upvoter8798
@upvoter8798 Жыл бұрын
yeah the bigger the city. The more likely it seems yeah of course they will give a bigger pay out then some small town. For simple logic would apply they have way more money, unless they were poorly run. For hey maybe police abusing their power are big issues in these place or maybe it exists as a rare thing that happens from time to time with other issues being far more major in scale. Without addition context. The only reason to think why they have big pay outs is not due to being run by any sort of party but rather merely their size, gives them way more money to throw at a problem. Making it far less impressive then it might originally seem. For taking over an empire when half the world is backing you, is far less impressive then someone taking over the world when all they had to start with was a single coin to their name.
@HighAdmiral
@HighAdmiral Жыл бұрын
Democrat-run cities with anti-law policies.
@socipathicgaming5914
@socipathicgaming5914 Жыл бұрын
I seem to remember having an argument about this very subject on another of your videos. Nice to see I was right, not 100% right but still right. Know your rights, shut up, get a lawyer. Best advice I ever got in life.
@charlesbutterfield3464
@charlesbutterfield3464 Жыл бұрын
The Cities who employ these Police Officers need to be sued for punitive damages large enough to bankrupt these Cities. Put them out of business.
@TerryProthero
@TerryProthero Жыл бұрын
Yep, I've said that before about a search. Make it clear that you are not giving them permission to do anything. But don't offer them resistance if they do it anyway. That puts in the best legal position and makes it less likely that you will get tased or arrested.
@derekbootle8316
@derekbootle8316 Жыл бұрын
Very few lawyers will take a 42 1983, due to the cost of litigation and qualified immunity. It's near impossible to sue without impossible to dispute evidence and $30,000 for the lawyer
@louisbrentnell2551
@louisbrentnell2551 Жыл бұрын
Flusche Fight club was funny.
@goldeneagle525
@goldeneagle525 Жыл бұрын
I think AF did forget to mention one particular point, although he hit all around it. Filming police is often both cheaper and easier than a court fight. There are numerous channels just looking for content on bad police actors, and will gladly do research to find repeat offenders. Getting the bad officer fired is better than suing where you live. Your city doesn't pay, and you solve the problem for everyone.
@Milesco
@Milesco Жыл бұрын
I'm all in favor of recording the police and holding them accountable, but getting bad cops fired is damn near impossible. The agencies always circle the wagons and rally behind their officers, and on the rare occasion that the agency actually _does_ fire one of its officers, the cop invariably appeals the decision and the arbitrator almost always orders the cop to be reinstated. ☹
@goldeneagle525
@goldeneagle525 Жыл бұрын
@@Milesco I think you have to temper you expectations between reasonable and perfect. There isn't a perfect solution, else we would not have the problem. But compared to doing nothing, suing the city/county/state can be expensive and equally not sure of success. Bad press can and does induce change. City/county/states also do not want law suits because they are expensive. So... asymmetric response:. You do the cheaper/easier thing to encourage them to avoid the expensive thing. Rather than you expending resources.
@The78vikings
@The78vikings Жыл бұрын
Always great info, love the clarity and entertaining delivery. Keep 'em coming!! Subbed in Michigan.
@razvandobos9759
@razvandobos9759 Жыл бұрын
Voting is the most important!! Shame so many Americans blindly vote for police chiefs and sheriffs who don’t know the Constitution or care about it and don’t care and respect our rights.
@nicholasselke5214
@nicholasselke5214 Жыл бұрын
@BillyTheKid those at the top of law enforcement agencies are people we vote for or are appointed by people we vote for
@MistaCen
@MistaCen Жыл бұрын
@YTCensors that's why those elections are sometimes rigged.
@treykearns4867
@treykearns4867 Жыл бұрын
Ha! U still think voting is in the peoples hands. That's precious.
@jeffkaczmarek3577
@jeffkaczmarek3577 Жыл бұрын
LOL, If you slaves would just stop going to the polls begging for new masters to rob and rule you, we wouldn't have this problem. Why do you think you need politicians and police to run your lives, are you incapable of making your own decisions?
@treykearns4867
@treykearns4867 Жыл бұрын
@@jeffkaczmarek3577 OK let's do the alternative. U go 1st.
@victotyorvalhalla
@victotyorvalhalla Жыл бұрын
Wonderful education! Thank you for sharing! Tyrants! Abolish qualified immunity!
@stevelemmen7048
@stevelemmen7048 Жыл бұрын
Andrew, this shows that the type that is attracted to being a police officer, has narcissistic, or psychopathic tendencies. It's a vicious cycle.
@lpseudonyml
@lpseudonyml Жыл бұрын
Indiana has legalized using lethal force if cops break into your house unlawfully, which is fantastic precedent.
@Hunter_2-1
@Hunter_2-1 Жыл бұрын
Now they’ll think twice, if they even think at all, about unlawfully entering property. Good to teach them a lesson in constitutional rights.
@davidbenner2289
@davidbenner2289 Жыл бұрын
To save public humiliation and embarrassment, knowing public perception is what keeps taxpayers "happy", on occasion when the police or fire & rescue would come through the wrong door or window, my former employer, a county government in Northern Virginia, would get everything fixed and paid for in a timely fashion and leave the tax payer satisfied. I give classes on how to manufacture run on sentences, as well. My old employer paid to have entire houses to be rebuilt for mistakes made under their watch. Even if it became "negative" press, doing right made it positive press. Merry Christmas!
@cravenmoorehead5636
@cravenmoorehead5636 Жыл бұрын
Im actually a natural born runon sentence professional.
@timmsmiithgm557
@timmsmiithgm557 Жыл бұрын
Flusche Fight Club - awesome!!! Keep 'em coming.
@SammytheStampede
@SammytheStampede Жыл бұрын
The best force to use against a cop is a lawyer.
@Zachary77
@Zachary77 Жыл бұрын
No. It's called a 12 ga! I've come across alot of cops that will kill you at a drop of a hat. Why? Because they are scarred little bunny rabbits running around with guns.
@matthewgiangarra3535
@matthewgiangarra3535 Жыл бұрын
Sorry but the point of the video was that the lawyer has NO power to help. Facebook is the new legal system apparently.
@UlimateWarriorz
@UlimateWarriorz Жыл бұрын
If that Indiana law is implemented nationwide, then they'll start fearing the people again.
@Stinger522
@Stinger522 Жыл бұрын
@@UlimateWarriorz What law does Indiana have.
@UlimateWarriorz
@UlimateWarriorz Жыл бұрын
@@Stinger522 you're allowed to defend yourself against unlawful police actions.
@loganchristensen377
@loganchristensen377 Жыл бұрын
Your content keeps improving every video! Your information is very appreciated.
@robertfromtexas2480
@robertfromtexas2480 Жыл бұрын
Saw you on Glenn Beck. You did a great job
@Andrewflusche
@Andrewflusche Жыл бұрын
Thank you sir!
@mkivy
@mkivy Жыл бұрын
Thank you sir and I hope you have a merry Christmas and a happy new year. I really enjoy your channel.
@timstone3441
@timstone3441 Жыл бұрын
And the key to all of this is until qualified immunity is found in violation of constitutional rights the abuse will continue.
@Milesco
@Milesco Жыл бұрын
Qualified Immunity needs to be abolished -- preferably by constitutional amendment, so it can't be re-instituted when nobody's looking.
@somedude2433
@somedude2433 Жыл бұрын
I grew up in a small town. This stuff only happens in big cities In a small town we almost have to educate the new green deputies on why it isn’t never allowed here. Everyone knows everyone You live here. Remember that. Officer breaks down door like a ridiculous moron as the door bell is fully functional. Said homeowner knows everyone. More than likely they know or are even family with your girlfriend here in this town. People here are tight as families. Meaning your never going to get laid again by your girlfriend (who is most certainly loyal to her family in this tow)until you not only buy said house a new door install it and then apologize genuinely in front of said door before you can even expect your relationship to improve. Don’t even try it in a small town
@robertsteinbach7325
@robertsteinbach7325 Жыл бұрын
That doesn't only work in tiny rural town. Thanks to Social Media and old networks such news travels fast. Mister Newbie will find himself to be a "castout" among the "in crowd" at his hangout if he does stupid stuff if he lives in a small town near a metro area. Also if this happens anywhere in Memphis you will be blackballed, as it is known to be the largest small town in America. It's a place where you will meet people you know all the time if you live there long enough.
@altruisticscoundrel
@altruisticscoundrel Жыл бұрын
Andrew, with the economy turning to crap and rising costs...please make a guide to living out of your car legally in Virginia?
@doremifabrications320
@doremifabrications320 Жыл бұрын
I beleive a federal court has found that if the K9 unit sticks its nose into the car it is a 4th amendment violation during a traffic stop.
@hughwhitledge8032
@hughwhitledge8032 Ай бұрын
You never need a lawyer - - until you do. And when you do, mortgage the house and hire the best one you can afford. In the United States, the degree of "justice" you can expect is proportional to what you can afford.
@neilcampbell2222
@neilcampbell2222 Жыл бұрын
The most effective way to get payback is to report someone to an organisation with power, but not in their normal chain of command. There are a lot of organisation covering child protection, health and safety, pollution etc, if you can find a breach of their policies then complain to them. So if police remove you from supervising your children did they endanger your children? Do they endanger their own children?
@lostbutfreesoul
@lostbutfreesoul Жыл бұрын
One thing to keep in mind - The police serve the Politicians, regardless of party, not the citizenry. Don't fall for the trap of thinking the two parties are different entities, they are the U.S. Government though and through.
@nicholasselke5214
@nicholasselke5214 Жыл бұрын
I think that was his point
@scottallan7033
@scottallan7033 Жыл бұрын
Great video. Thanks Andrew
@geodad4782
@geodad4782 Жыл бұрын
Can you sue the cop directly?
@AmericanNinja85
@AmericanNinja85 Жыл бұрын
If they were on duty it's going to be really difficult because of qualified immunity.
@arinerm1331
@arinerm1331 Жыл бұрын
You do name the cop in your lawsuit, but you also name his employer, which is the municipality he works for. The cop will never pay from his own personal money, though. That's always on the municipality (and usually its insurance pays the settlement).
@Milesco
@Milesco Жыл бұрын
Under current civil rights law, you can *_only_* sue the cop personally. You can sue the cop's employer (the city, county, etc.) *_only_* if the employer had a policy encouraging or authorizing the misconduct in question. This is unfortunate, because it means that there may be no "deep pocket" to pay damages to innocent victims of police brutality. It's true that as a practical matter, the cop's employer will defend the lawsuit and will usually indemnify him or her for any damages awarded or settlements reached. But that's not required by law (unless there are specific state or local statutes requiring it).
@iamnolegend483
@iamnolegend483 Жыл бұрын
You always have good information.
@TheMelnTeam
@TheMelnTeam Жыл бұрын
Still don't think QI should even be in play if the officer is committing a crime. The purpose of that is to prevent frivolous suits against normal police actions, not to allow police to mug people, assault them w/o cause, or engage in massive property destruction of a 3rd party to get a suspect. We see examples here where the proper response is criminal liability, not merely civil suits.
@bob_mosavo
@bob_mosavo Жыл бұрын
Thanks, Andrew 😁
@up1oader1
@up1oader1 Жыл бұрын
The fact that Chicago, NYC and LA have the most payout really shouldn’t be a surprise. They’re the 3 largest cities in the US with very large departments. They’ll lead in almost any statistical category that is simply “the most” of nearly anything. A more interesting metric would be $/officer or $/capita paid out. That’s give a better metric of which departments are the greatest offenders.
@regulusstarseed1368
@regulusstarseed1368 Жыл бұрын
Yes! You can use force to defend yourself against police! You're the only person I've heard say this
@PetrolJunkie
@PetrolJunkie Жыл бұрын
The problem is that reports are written by the living and resisting is a great way to end up dead. It’s a terrible idea. The best way to deal with the situation is to remain silent. Be a good witness. And hire a good lawyer. Even if you get screwed at least you’re not dead.
@nukepuke932
@nukepuke932 9 ай бұрын
@@PetrolJunkie Rather lives on your knees than die on your feet, eh? That's one of the main issues with today's citizens. Way too may of us are afraid of *dying*.
@PetrolJunkie
@PetrolJunkie 9 ай бұрын
@@nukepuke932 Is it really worth dying over? It's easy to call someone a coward with a keyboard. There is no personal risk involved. It's easy to sound like a tough guy, with a keyboard, when you are hiding behind a profile. When was the last time your name was on the news for fighting police corruption and brutality?
@nukepuke932
@nukepuke932 9 ай бұрын
@@PetrolJunkie Your rights are always worth dying for. That's the point. The main issue I have with how we use the current system is that in a scenario where officers conduct unlawful search and seizures: 1. Your rights still get violated. 2. The officers are rarely personally punished by the courts. My name has never been in the news for anything whatsoever, and I've taken steps to ensure that continues to be the case.
@PetrolJunkie
@PetrolJunkie 9 ай бұрын
@@nukepuke932 Alright, until you actually do something to protect our rights beyond mouth off on the internet you're opinion hold no value to me. I actively lobby to protect our rights and push for accountability. I can't do that if I'm dead. That is where you and people like you completely fail with your argument. You don't understand that there is more than one way to fight. Often times using your brain instead of your fists actually gets you what you want. You keep making the rest of us look bad by parioting bad logic.
@austinwinston684
@austinwinston684 Жыл бұрын
Resisting the unlawful actions of a criminal cop? Better to be judged by 12 than carried by 6.
@christianmugrage5022
@christianmugrage5022 Жыл бұрын
Appreciate you brother
@BaalAdvocate
@BaalAdvocate Жыл бұрын
What do you make of the new Indiana law about using force against police when they are doing unjustified searches or arrests?
@K162KingPin
@K162KingPin Жыл бұрын
I head there was recently a big case about this which was successful in claiming that by entering the home without permission that they had illegally seized the property and then returned it to the owner damaged. This somehow legally avoided the qualified immunity because instead of arguing that they had damaged someones property while performing their duty they instead held the position that the police hat taken the property from the owner and then returned it with significant damage. I'd like to see a video explaining this better. That said, in many lawsuits even when a court hands down a judgment ordering the city to pay for damages it is often never done. The city simply refuses to ever pay the person and there is little to nothing the person can do to compel payment. It seems that if a city refuses to pay that a person should have a right to start seizing city property which they can then sell of to pay the debt. Maybe start with the chairs they use at city counsel meetings.
@michaelccopelandsr7120
@michaelccopelandsr7120 Жыл бұрын
Guilty until proven innocent mentality. Serving their ego instead of serving the public trust. Training obviously isn't enough. It's time to start pulling their certification as part of the lawsuits. Don't let them resign so they can get hired at another precinct and do it all over again.
@teejay2727
@teejay2727 Жыл бұрын
while i understand and appreciate the advise "hire a lawyer" it often feels a little tone deaf. lawyers are expensive and the ones who work on contingency fee arrangement are few and usually only take cases they are overwhelmingly confident they will win.
@CarterEdison777
@CarterEdison777 Жыл бұрын
Killing a cop is only “involuntary manslaughter” if it happens while resisting an unlawful arrest, says The Supreme Court! Sources: “Citizens May resist unlawful arrest to the point of taking arresting officers life if necessary” Plumber vs State 136 indiana 306 1893 This fundamental Premise was upheld by The Supreme Court in case of: John Badell vs United States 177 in US Supreme court decision 529,1900. When the court stated, “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, The law looks with very different eyes upon the transaction. When the officer had the right to make the arrest, From what it does if the officer had no right. What might be murder in the first case might be nothing more than manslaughter in the other. Or the facts might show that no offense has been committed. An arrest made with a defective warrant or one issued without affidavit, or one that fails to allege a crime, is without jurisdiction and one who is being arrested may resist arrest and break away; if the arresting officer is killed by the one who is so resisting, the killing will be no more than an involuntary manslaughter.” Push vs The people 75 Illinois 491 Reaffirmed and quoted in: State vs Leech 7 Connecticut 452 State vs Gleason 32 Kansas 245 Ballard vs State 43 Ohio 340 State vs Russo 241 P second 447 State vs Spalding 34 Minnesota 3621
@djs12007
@djs12007 Жыл бұрын
So, what happens if you're afraid for your life? Plenty of unarmed people have been killed while trying to comply with their commands.
@ThatOne77
@ThatOne77 Жыл бұрын
"you might could have mustered??" And I thought this guy went to college.
@denverbilalian
@denverbilalian Жыл бұрын
Thanks!
@trevorsreya8277
@trevorsreya8277 Жыл бұрын
What're the official rules for the cops being able to search your vehicle at a stop when they have you step out of the car? I figure if the car door is left open, it's free game for them. But what if you close the door behind you when you step out of the car? Would they legally be able to open the car door and search it if you leave the window down, or the door unlocked? And if leaving the window closed is the way to go, how do you go about doing that safely? You have to roll it down to talk to them in the first place, but if you try to roll it back up at any point before they are done with you, can't they just accuse you of resisting arrest, or could they accuse you of reaching for something if the window has to manually be put up?
@robertschmidt9296
@robertschmidt9296 Жыл бұрын
One question I have. If a police k9 is a police officer and police officers are not allowed to search a vehicle without a search warrant or probable cause or permission, why is it legal for a four legged police officer to do so? Why can't a two legged police officer get on all fours to bypass the law preventing them from searching.
@wyogirl5648
@wyogirl5648 Жыл бұрын
Please speak on blanket strip search policy.
@montewolf3570
@montewolf3570 Жыл бұрын
I 100% agree with holding Mayors and Commissioners responsible for police actions. All tyranny begins with a law and ends up with Force from tyrants and thugs
@probuilder961
@probuilder961 Жыл бұрын
Daaam! The cops are bringing venomous snakes now?! 🐍
@jjr6929
@jjr6929 Жыл бұрын
I'd like to know even more about the guy whose house they tried and failed to enter (the wrong house)
@wlonsdale1
@wlonsdale1 Жыл бұрын
The day is coming where the citizenry will have had enough.
@charliewhite9765
@charliewhite9765 Жыл бұрын
I wasn't swerving,,I was sweeving
@bobdanis9040
@bobdanis9040 Жыл бұрын
You have to take your revenge later have an alibi and don't necessarily take revenge on the ones who did it to you anyone wearing uniform will make an excellent Target.
@coreyyanofsky
@coreyyanofsky Жыл бұрын
bootlicking is of course a bipartisan sport, but perhaps it would be instructive to look at the party affiliations of the sponsors of recent cop-friendly legislation in Florida and Arizona
@reflect.
@reflect. Жыл бұрын
Republicans are worse on police issues, sure. But Democrats are also horrible. If you’re voting for either you’re voting in severe problems.
@mikeellis8339
@mikeellis8339 Жыл бұрын
On Qualified Immunity being over haul for all aspects of law enforcement. Judges, prosecution ect.
@timstone3441
@timstone3441 Жыл бұрын
Until Qualified is rescinded by the Supreme Court this is a no win situation.. Keep in mind any monetary settlement is from taxes that you paid in the first place not the cop who did the infraction. Basically you are suing yourself and all you neighbors. Not the cop..
@rambofan334
@rambofan334 Жыл бұрын
"Is suing the police even worth the effort?" It's not about the money, it's about sending a message.
@halb37
@halb37 Жыл бұрын
It's always about the money . . .
@Milesco
@Milesco Жыл бұрын
1. The message IS the money. If a lawsuit only costs the city $2500 in damages, that won't be enough to deter the police from future misconduct. 2. Lawsuits take a lot of time and money to pursue. If there isn't a substantial recovery to be had, it's just not practical -- and often not even _possible_ -- to go ahead with a lawsuit.
@meligoth
@meligoth Жыл бұрын
The cops one trick pony shock and awe tactic has destroyed a ridiculous amount of property and harm/death to innocent people from incompetence. That alone should disqualify them from qualified immunity as there is no such protection in any other field.
@mafosa8519
@mafosa8519 Жыл бұрын
“Perfect!”
@johnree6106
@johnree6106 Жыл бұрын
Yes those cities payed out the most, but I will point out that it is not their money but the taxpayers. Also those cities have been on the top of the most crime ridden cities. I have noticed that a lot of police tend to retire or just quit leaving more and more police who are not there to serve and protect but because it gives them power to bully people with tripping with abuse of their position of power. Good advice in this video, but just thought I'd mention that it seems to be more payouts from lawsuits against police but the sacrifice of more crime not because of the lawsuits but the same people elected releasing criminals.
@1SCme
@1SCme Жыл бұрын
The 3 most populous cities have the 3 largest payout amounts - it would only be notable if another less populous city had a larger payout.
@riversong6216
@riversong6216 Жыл бұрын
As far as the term, "qualified immunity" is concerned, the first word of that phrase should be emphasized. Not all LEO's are qualified to receive immunity! It would be great if the courts would set some kind of precedence as to what qualifications award immunity.
@klepow
@klepow Жыл бұрын
Those 3 cities are also the three largest cities in the US. It would stand to reason that they have made the most payouts. It also can mean that the laws are less sympathetic to the police.
@kennethmiller2333
@kennethmiller2333 Жыл бұрын
"... you might-could have mustered." Ok, now I know you're from southern or south-western Virginia.
@rjakob8073
@rjakob8073 Жыл бұрын
Qualified immunity for cops must be taken away. When cops screw up & violate citizens' rights it is the town/cities that pay for those Tyrant's behaviors. What I want to see happen is remove this immunity & make the police departments pay out of their police budgets & not the towns or cities. Once this is changed, I guarantee the rights of citizens will not be violated as much as they are today.
@itowmyhome797
@itowmyhome797 Жыл бұрын
Thank you
@issacvoregames
@issacvoregames Жыл бұрын
What if an officer breaks into ur home without any probable cause. Wouldn't I be within my right to defend my home with force
@doug4699
@doug4699 Жыл бұрын
Since there are enhancements or enhanced penalties for the general public for unlawful interactions with police, why isn’t there enhancements to penalties when police break the law?
@UselessSpen
@UselessSpen Жыл бұрын
basically this video just stated in about 70% of encounters police can not be held accountable, 20% of the time if you can hold them accountable it will only be partially, and the last 10% are rest. I cant believe this is acceptable.
@scottmacd37
@scottmacd37 Жыл бұрын
I have always thought police should carry liability insurance. Just like a city bus driver would be insured. A cop that has to many complaints or is charged or fired , won’t be able to find a company to carry them.
@PershingDriver
@PershingDriver Жыл бұрын
Qualified immunity needs to be revoked permanently. Instead cops should have to carry malpractice insurance.
@billmorse221
@billmorse221 Жыл бұрын
We live in a police state.
@leechandler3411
@leechandler3411 Жыл бұрын
It's not called groups, it's called gangs. Seattle is even a more democrat stronghold.
@Jesses001
@Jesses001 Жыл бұрын
If police violently burst into my house, they will most likely be met with gun fire before I even know they are police. This is bad for me as no matter how right I am, they are never backing down. They will bring in more and more force till I submit or die. We are rather broke but plan on installing cameras soon so I can know before hand and maybe avoid that very bad situation.
@cattleprods911
@cattleprods911 Жыл бұрын
Fantastic video
@clintgillespie8579
@clintgillespie8579 Жыл бұрын
I think the solution to our countries issues with policing is to take away cut down qualified immunity and make them all buy malpractice insurance. The cops that getting sued a ton will lose their insurance and have to be fired because they are costing their department too much money.
@tyrannyterminator4179
@tyrannyterminator4179 Жыл бұрын
In title 18 section 241-243 spells out how officers cannot knowingly illegally arrest you and not expect a fight.
@CptWashu
@CptWashu Жыл бұрын
But many lawyers don't like to go after section 1983 as they are often expensive and the lawyers don't fine it worth it..
@bernardnewman2018
@bernardnewman2018 Жыл бұрын
So what your saying is , just let them abuse you . Hopefully the legal system see it in your favor .
@PeterLawton
@PeterLawton Жыл бұрын
Yes, definitely. If they're going to literally abuse you, fighting back is not going to make things right. It's not going to get the officer to stop and let you free. And fighting back is not going to get you an apology or settlement. Fighting in court later is the way to handle true abuse.
@LectronCircuits
@LectronCircuits Жыл бұрын
Cops can be very dangerous (and expensive). Let's be careful out there. Cheers!
@kevinstoneburner1116
@kevinstoneburner1116 Жыл бұрын
Can 5th amendment eminent domain protections apply? The government damages your property through their commandeered “use” of said property for the public good, thereby obligating them to compensate for said use?
@michaelccopelandsr7120
@michaelccopelandsr7120 Жыл бұрын
End qualified immunity! Make each officer personally liable! As long as you fear integrity and accountability, you are NOT the good guys!
@stickman-1
@stickman-1 Жыл бұрын
Helpful yes. But I still want to know how to determine what is a lawful order and how to you resist an unlawful order w/o getting killed or beaten? Roll down your windows, all of them. Is that a lawful order? Stay in the car. Get out of the car. Get in the car. Are these lawful orders?
@xeonespydonum4995
@xeonespydonum4995 Жыл бұрын
You'd need to study your municipality code and memorize it all. Even after that, the cops probably don't know it, so your best bet is to comply while recording discretely so you can nail them breaking their own laws in court. Don't answer any questions, just say I do not comply, am I free to leave?, I understand my rights.
@rudytelling5380
@rudytelling5380 Жыл бұрын
Thing about a Sheriff’s depo you can vote out a corrupt sheriff
@jeffscott1006
@jeffscott1006 Жыл бұрын
No qualified immunity in New Mexico.
@boffo63
@boffo63 Жыл бұрын
So the 3 biggest cities have the most money paid out? Hmm, makes sense.
@jesusgavemeaids
@jesusgavemeaids Жыл бұрын
Where's the video you mentioned at @2:15 ???
@jlhopwo
@jlhopwo Жыл бұрын
So this guy resigns... WOW OMG JUSTICE! Nope! He just goes to the next municipality next to yours, gets a job, and has MAYBE a slightly longer commute! Or moves to the next town. Or absolutely worst case, moves to another state.
@denverbilalian
@denverbilalian Жыл бұрын
Always helpful 👍🏾
@christopherpittman8054
@christopherpittman8054 Жыл бұрын
Qualified immunity doesn't need reforming, it needs to be abolished full stop.
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