Tough Cop With Low IQ Tries To Intimidate!

[@WeThePeopleUniversity]

Can the public legally use a private sidewalk if they so choose?

[@gummo3873]

We sure can!!!! 👍 🚶

[@guiltyuntilproveninnocent.]

Never heard of a private sidewalk.

[@p.i.staker886]

Not to be that guy, but this is a confusing point that even professionals get wrong. A right of way and fee simple ownership are two different things and they can overlap. In this case, it is entirely possible that the property owner actually does own the sidewalk and the land underneath the road, however that area may be subject to an easement, in this case a Right of Way (which is just a fancy easement to the nth degree). What matters in this case is WHERE the right of way is. Neither the auditor, manager, or the police officer are qualified to make any sort of determination as to where the right of way nor do they have any actual standing to even make such an assertion. In most cases, the right of way is almost always held to be a prescriptive width from the centerline of the roadway. In some cases they are conveyed so as to be defined as terminated at the back of the curb or edge of sidewalk. It varies from road to road and only a licensed surveyor is qualified to make that determination as to WHERE that right of way terminates based on the conveying documents (road plans, deeds, etc). Even then, regardless of that determination, the surveyor has no authority to determine WHO is in possession of what real rights to property exist in totality, he can at best offer an opinion based on best available evidence. ONLY the Master in Equity for the county or statewide judicial body can make that full determination. Tl;dr, cop doesn't know shit and is breaking the law by even making an assertion in all technicality. The auditor doesn't know shit either, but as a civilian he's entitled to the assumption barring any contrary indication. Only 3 people are even entitled to a legal opinion on where "private property" ends and "public right of way" begins: The land owner, a surveyor, and the Master in Equity.

[@bookerdooley6739]

I just love how you cops threaten people's freedoms absent warrant to do so see I wouldn't let you stand there and threaten my freedom I know the difference between private property and public property and what the public is allowed to do on private property I could walk that whole entire sidewalk as long as I don't stop or I'm visiting one of those shops until they tell me to leave but as far as that sidewalk I would have most definitely crossed the street legally and walked down that whole entire sidewalk to take that arrest just to prove a point I'm sick of cops going around and threatening people's freedoms absent their knowledge of the law we do not go to jail for a cop's stupidity that's not how it works

[@gregkasza1925]

If they show me the bill of sale, I’d stay off of it.

[@robertayers9424]

Ignorance of the law cannot be used by the people, but, it's the fallback position for law enforcement.

[@mattcolin2963]

Harlow v Fitzgerald needs to be abolished. We need every cop to consider his/her actions.

[@TheJoe111599]

Of course it is! They are ALL ignorant and useless. I bet there are 1000's of unsolved cases that need to be worked but these pieces of trash would rather sit their lazy a$$es on the side of the road and steal people's hard earned money because they went "over" the speed limit. Give me a damn break....SMH!

[@grumpygnome9316]

Thank qualified immunity 😉

[@ronknaus3286]

So, if ignorance of the law is the fallback position for law enforcement, we must assume that the police are ignorant; at least in specific situations.

[@3PercentNeanderhal]

Fall back? It's the default position.

[@stevemineer2857]

I worked in civil engineering for 15 years and know all about public and private property, right of ways and easements. That cop is a total dunce.

[@Xenoyer]

I had a house in a small town in Illinois. The city required homeowners to maintain the sidewalk in front of their houses. Property owners had to foot the bill. Even so, anyone could walk up and down that sidewalk all day long. I was, and am still fine with that!

[@rjlindgren1674]

@@Xenoyer My buddy in Kenosha says its like that too. It blows my mind. everyone i know in illinois, its paid for by the city

[@georgewashington938]

please explain. What makes the sidewalk a passage or easement? There must be some criteria like being adjacent to a road or something.

[@williamlacentra2808]

You don't need to work in engineering to know any public or private sidewalk----MUST PERMIT THE [PUBLIC TO CROSS that sidewalk to get to the other side --if that is what a sidewalk is designed for...!

[@stevemineer2857]

@@georgewashington938 A sidewalk adjacent to any public road is for public access. It’s no different than the right of way in front of any home or business on a public street. There is a certain footage that the public can walk along even if no sidewalk is present. The property owner is responsible for maintaining that right of way even though the public has access to it. This business owner was not required to install a new sidewalk but probably chose to because the existing one may have been in bad shape and he wanted a new sidewalk. Easements are a little different but mostly the same as a right of way. They are special areas that allow access to another area of public property. For example, there is a public park behind a sub development of homes and the only way to it would be an entrance between two homes. It could be a 10’ or 15’ wide easement that gives public access to the park, even though both neighbors are responsible for maintaining that easement. The sidewalk in this video is a right of way and that business owner and cop have no authority in telling someone they can’t walk on it. It would be the same as a business in NYC on Broadway telling people they have to cross the street when they come to their business front because they don’t want them walking on their sidewalk. They don’t own the sidewalk and neither does this business even though he paid for it.

[@baird5776mullet]

This is NEVER going to get any better until these cops feel the sting from their OWN wallets, smfh.

[@chrisbudesa]

Qualified immunity must be abolished

[@Agent-xn1hr]

@@chrisbudesa And get rid of their corrupt union too

[@tonyburton5706]

Then they can sue their employers for sending them out on the street untrained, it will be a slam dunk win for these single IQ digit fools.

[@merufiftynine8666]

Or...the sting of a .45 slug.

[@rickcallahan2655]

@@merufiftynine8666 is a trolling fed

[@patricknorton5788]

I love how the cops are always "trying to figure out what is going on" when there's nothing going on.

[@illinoisterry3210]

Yep and they also have been told time and time again what's going on but they don't have ears to listen.

[@jw-hy5nq]

They are trying to figure out how to criminalize something so they can do the only thing they were trained to do at the "academy" and that is to assert there authority.

[@tomnisen3358]

Here's the deal!...🤣

[@bodhi8260]

That's because they think of civilians as criminals and the enemy. I didn't know that cops hated us until one destroyed my innocent life.

[@LordRa777]

Well when you're mentally slower than everyone else around you it takes longer to figure things out even if there's nothing to figure out they have to figure that out too.

[@MrSmith-fp4zr]

I heard an auditor who said that "Let's go to court. I LOVE court. That's how I make my living." Cop backed off.

[@reggiehowze1891]

Saw that video yesterday

[@ianhill4585]

Any info on the auditor who stated the court thing?? Thanks.

[@MrSmith-fp4zr]

@@ianhill4585 Sorry. I watch so many that I can't remember. I wish I could. I thought it was somewhere in Oregon or Washington state where it took place.

[@ianhill4585]

@@MrSmith-fp4zr No worries, thanks for the reply.😁

[@100pyatt]

EXACTLY my thoughts!!! Don't threaten me with a Lucrative Good Time !!! 👌🤣👌

[@Cthulhu4President]

Regardless of the sidewalk issue, calling the cops and threatening arrest for trespass over a potential customer asking you about your products sounds like the quickest possible way to lose business.

[@jalukosadventure5398]

Even more if is a weed business lots of users will not like this a bit to be honest if i learn that my local dispensary just did that i would stop buying from there asap and i know at least 100 people that would do the same some people just hate money 🤷

[@Xenoyer]

Hell, yeah! I would never shop in a store like that. Maybe you buy something and as soon as they have your money they order you to get out for whatever reason. What a prick!

[@alt7244]

@@Xenoyer your scenario didn't happen. The auditor didn't buy anything. Live it, don't dream it

[@Xenoyer]

@@alt7244, that's not what I said. You completely ignored the meaning of my statement. You should try to improve your skills in reading comprehension. You can't make an argument by putting words into someone's mouth. It seems that you are the one dreaming. You dreamed up the nonsensical comment in reply to me. You don't know how I live. You only have dreams.

[@1981bevo]

and if you don't have another convenient weed shop nearby to legally buy weed from?

[@shadowbeast2276]

That's a PUBLIC SIDEWALK. If they OWN IT, I WANT TO SEE THE DEED FOR THAT SIDEWALK And let's check the GIS survey & see if they actually OWN THE SIDEWALK

[@rticle15]

You can own all the way to the street. However you cannot prevent the public from using it because its a right of way.

[@cliffbutler9820]

I don't give a crap anymore I would have walked on that public footpath and I definitely would have resisted their unlawful arrest. I don't care to much for their laws anymore. Laws need consent and I no longer consent. I don't care about these vermin terrorists if the get an early dirt nap. FTP

[@Leepercomm]

It's amaizing that the cop automatically took the business owner's word that its a "private" sidewalk without further investigation.

[@grumpyoldman3597]

David I don't for a second believe the officer thought that was a private sidewalk, its simply not possible to be that grossly incompetent on such a BASIC thing officers deal with on a daily basis, but they know and depend on people fearing police and using that to dissuade activity because the average person can't afford an attorney to challenge them on it... that cop is handing out six figure settlements but how many want to cross at the lights and walk on the sidewalk to find out the hard way, because most couldn't afford the losses that they will incur from the unlawful arrest, nor a criminal defense little alone civil suit after the fact, this is why bad cops exist and thrive, because we can't afford accountability...

[@Leepercomm]

@@grumpyoldman3597 His incompetence only shows lack of knowledge that "if it were private" you still have to allow the public to use it because it becomes a "public right of way" unless its fenced off. Simply by being on it does not constitute tresspassing and therefore not an arrestable offense. He failed to back the public's "right of way" in this case. The public can have right of way of private property under certain circumstances just as a private company can have right of way on others private property under certain circumstances.

[@j.t.3798]

Propertied owners vs non propertied owners. Our constitution was set up to protect property and oppress the majority of the public that own no property. The model was copied from the British model: king, house of Lords (property owners) house of Commons ( the common poor folk). We have president, senate congress. That's why we have checks and balances, in case the poor majority ( house of Commons, congress) pass any law that threatens the upper class (house of lords, senate) and even if something slips through the king (prez) has veto powers. It's a neo-feudalistic system to protect the hegemony of the elite.

[@erich6860]

It seems to me that in most, if not all, of these scenarios, the LEOs always take the word of the caller, over anything else. I have no idea why.

[@grumpyoldman3597]

@@erich6860 Eric - its not so much cops "take their word for it" but more that they use that as the excuse to justify their intentional behavior... same reason you will see cops go solicit a trespass from a business owner when someone is recording them on a stop, its not that the business owner had any issue with you at first, but once the cop made it an issue they became the bad guy the cop used to get what he wanted due to his own personal contempt... so while in this case the property owner may not have liked it, the officer amplified that because I suspect if we ask the officer about his feelings towards people with cameras, its not going to be a very positive one and he wanted an excuse and some 3rd party to blame for his actions... thats a gigantic warning sign of a dangerous cop, either he's this ignorant on the law, or this intentional with retaliation for his prejudices, which type of stupid does the cop want to be, neither is a good option for the citizens... P.S. we've seen in a lot of videos where officers will try to "find a victim" or "someone offended" so they can proceed with disturbing the peace or some other catch all contempt of cop charge, despite them likely knowing it won't hold up in court they now have that 3rd party to blame and say "I was just doing my job based on the information I had"... aka they know how to abuse qualified immunity, some have entire careers based on doing it skillfully...

[@gregb1758]

Why as a citizen even try to have a reasonable conversation with these jackasses? They don't look at you as an equal. They talk to you like you are beneath them.

[@missyann7588]

They truly think we ARE beneath them. They are kings and we are trash/peons.

[@Xenoyer]

Some of them seem to believe they are babysitters for the general public.

[@kennybachman35]

@@Xenoyer glorified hall monitors*

[@fkya206]

These guys have conversations with these jackass’s because it’s the whole point of what they do. They pose as independent journalists just to get cops called to attempt to be arrested so they can sue. It’s a real great life they have and quite the joke if you ask me. Get a real freaking job and stop making others job more difficult just to make a buck.

[@gregb1758]

@@fkya206 If you watched the video then you would know what I was referring to. It's evident that you didn't so I'll leave it there.

[@CurtDegree]

I like how the conversation with the first officer was civil (though highly awkward) and the officer wasn't demanding of anything, simply stating why they were there and observing. With within the scope of their responsibility and authority. ... Then everything goes from 0 to 1000 when big Officer Ego Trip comes back across the road trying to exert his "authority"

[@georgewashington938]

tactical vest, sun glasses, and shaved head is the Karen uniform of tyrants

[@xj4low322]

Guess he wasn't taught about deescalation either. "Let me finish" any time the camera operator said anything is basically shut up and listen to me speak because I have no interest in what you have to say except yes/no you understand. At the end the jets out of there after the threat of arrest. That guy wouldn't even be able to hold a fast food job with that lack of customer skill.

[@CurtDegree]

@xj 4low I was honestly kind of shocked that our auditor didn't immediately walk across the street as they started to leave. Would have been icing on the cake, and an extremely easy legal win as well when the 'officer' involved inevitably went on a tirade and arrested him unjustly.

[@Michael-mw3gz]

Its really sad that the difference between public and private property needs to even be included in police training. Most of us learn it in 2nd or 3rd grade.

[@BadDad420]

Shpuld be taught in School

[@RonnieG]

@@BadDad420 spelling should be too

[@guiltyuntilproveninnocent.]

@@RonnieGLol honest mistake give him a break.

[@guiltyuntilproveninnocent.]

😂 Right

[@gregkasza1925]

@@RonnieG funny

[@RiverRat-2112]

Not long ago a big name auditor visited my town and an employee of a business, who was smarter than most, walked out to chat with him, invited him in, and generally turned it into positive, Free, never ending, national advertisement for the business. I reckon that young man will go far as he was quick to see it as an opportunity, not a problem.

[@GEERUP]

That’s a great idea 👍🏻

[@larrybethune3909]

Bingo!

[@toolegittoquit_001]

Absolutely exactly what businesses should do

[@RiverRat-2112]

@@pizzathehut2112 Indeed. :)

[@davewood406]

There are more and more cops being made aware of auditors and how to handle them. Though some negatively but most I've seen just respond to the dispatch, figure out the situation is just an auditor and unless someone crossed some lines, they usually go about their day. You have to recognize that now that auditing is one way or another a revenue stream for the auditors(views or potential lawsuits) the best way to deal with them is following the law, quickly and without drama. This goes for business owners or government etc office managers. Unless the auditor legitimately does something illegal, ignore them if you don't wish to engage them with a proactive positive encounter. Either way, you starve them of the drama they came for.

[@margaretthomas5548]

When these respectfully ill-mannered thugs make 'false arrests' through stupidity, ignorance, retaliation or simply "because they can", they are kidnapping people and should suffer the consequences for that crime.

[@nckhed]

Criminals in plain clothing would take the room temperature challenge. Too bad it never ends that way for criminals who wear uniforms.

[@michaelccopelandsr7120]

Keep fighting the good fight! Until these public servants realize integrity and accountability are values not to be feared, you are needed. Thank you for your work.

[@elsabeleroux7896]

Officer just cut the auditor of and 5alk over him. Bleddie ONBESKOF!!!! 🐖

[@5ean5ean22]

As a cop for 15 years an even bigger problem is lack of inservice training. Its sad but rookies are the best trained officers on any force...they just lack experience. Alot of vets just go through the motions and have no clue what they are doing. They rely too much in compliance and experience (which gets warped over timed) You can have a training academy thats years long ...if you dont constaintly retrain youre going to forget it.

[@rp1645]

First thank you for serving and making a comment. When you look at the POWER poles the Trees ( bet you the city takes care of those trees) we did when I worked public works. It just fries me The cops don't look at public utilities. That sidewalk is built against the building. It still is a public sidewalk that anyone has the right of way to walk on.

[@SonoftheWars]

Thank you for speaking up.

[@donpettway7284]

I disagree the bigger problem is not lack of in-service training. The biggest problem is hiring and retaining cops who have no common sense. You can hire stupid and retain stupid arrogant tyrants, but you can't train common sense.

[@RiverRat-2112]

I don't expect any officer to know all the laws but I do expect them to intimately know any law they are attempting to enforce. I think that is fair and I think there should be serious accountability if they get it wrong. --same as in any other line of work.

[@donpettway7284]

@@RiverRat-2112 If you don't know, if you're not absolutely sure about it don't try to enforce it. Cops don't enforce laws which require genius iqs and they should read court decisions, newspapers, law enforcement bulletins and anything that applies to their jobs. When I was on the job all of those which effected were handed out in flyers or emails.

[@idriwzrd]

If the shop operator can give the officer authority to trespass anyone who steps foot on a public sidewalk, then any random citizen can surely override that authority.

[@toddsculley2710]

I love what your doing as a former police officer. Sounds like u had it with anyone’s rites being violated by police witch is awesome to see and hear. Keep up the great work u r doing it’s greatly appreciated by more people than you know

[@100pyatt]

Former LE here as well and love the exercising of rights! I took my oath to the constitution very seriously like you.

[@diggitydogg1864]

"... that sideway, which they own ..." WOW! A cop that doesn't know about easements! Paint me surprised!

[@r000tbeer]

I'd call that free money. Walk right over there, get arrested and sue the shit out of everyone involved.

[@Gheist44]

I can pretty much guarantee it's not "settled" law, so qualified immunity would prevent a lawsuit.

[@SissyKool]

@@Gheist44 that would protect the cop maybe... but not the city.

[@matthewridgeway9250]

Yeah, but bone headed police do bone headed violence too. Life is too precious.

[@wasterangler]

@@matthewridgeway9250 There is this funny and not too old saying: live free or die.

[@Hear-MeoutTwo2]

It not that easy.

[@brogurt]

"He gave me authority to do that." That officer has no idea.

[@shadowbeast2276]

If he's so desperate to say it's a private sidewalk then the really should block access to it. If it's so "private"

[@fostecc]

!???!what?

[@wasterangler]

@@fostecc I 100% understand what he said.

[@breezenking]

I’m highly impressed by your analysis on this video and about the easement and public sidewalk. Your pragmatic response to this tyrant police officer giving unlawful orders is on point. Wow!!! I’m absolutely blown away to hear that it only takes 3 months in Georgia to graduate from the police academy. This is beyond scary. Everyone must learn the constitution and the basic rights.

[@lysdexicsoftheworlduntie1881]

I would have told that tyrant to consult his GIS Survey as per policy and procedure to PROVE that it's a private curtilage and not a public easement.

[@dhrracer]

I agree. The most disturbing thing is the Tyrant officer talked to who? And then just took the word of whoever it was as fact and that constitutes what the law is and that they have the legal authority to have it enforced. There are some good comments on the original video pertaining to the building codes and how they apply here.

[@lysdexicsoftheworlduntie1881]

@@dhrracer You would be thoroughly disgusted by how many LEO's out there that operate on hearsay and do no actual investigation when enforcing trespassing laws. Most people have zero clue as to what curtilage, easements and right of ways entail. This is why the GIS Survey exists and is the ultimate rule of law regarding said parcels of land. A perfect example of this would be railroads. The Railroad Safety Act of 1876 set railroad right of way at 200 feet and it is a Federal crime to trespass on railroad property. Railroad property also includes grade crossings. But, grade crossings are considered public easements so you can't charge everybody who crosses the tracks. Turbo Tyrant there obviously has no real grasp on the law, which makes him both a liability to his department and a danger to his colleagues.

[@Hear-MeoutTwo2]

The GIS Survey would show the sidewalk and it would possibly appear to be the property of the owner. The survey would not show that the owner has no control on who can use the sidewalk.

[@Hear-MeoutTwo2]

@@dhrracer ::: I haven't reviewed the original video but in my area the sidewalk must be installed by the developer as a public easement. I live far from the city but when new homes or business are built along the main highways, a sidewalk that connect to nothing else is part of the building code. In one hundred years, they might connect.

[@Hugh-Glass]

Your site is doing much to educate citizens of their rights. Thanks for the effort and thanks for the education. Stay safe

[@DukeJonas]

That sidewalk is privately owned and the owners must maintain it, but the easement allows the public to access it.

[@krmeadows0001]

I looked up the property, and the property line does not extend to the street.

[@gordlawson11]

the first few people, including the cop, were quite respectful of his rights. Too bad mr. ego had to ruin the day.

[@Hey_Jamie]

Man i love when the public is allowed to purchase and own public sidewalks lol

[@dishonoredundead]

"Tis my sidewalk. If you want passage, though must pay my toll. Or, answer me riddle...." Man, if I had a nickel for every time I went for a walk and heard that.

[@bak-mariterry5180]

@@dishonoredundead Reminds me of the TOLL ROAD in BLAZZIN SADDLES...🤣

[@gregkasza1925]

It’s hilarious the police will blindly believe them.

[@ericvoge6678]

“Somebody go back and get a shitload of dimes!”

[@myaccount3402]

Public= Unrestricted things Or Incompetent PERSONS

[@57cpaul]

“0fficer” uses classic intimidation tactics. Did he learn that at the academy? Do I make myself clear? First, second…blah blah. He can’t handle the truth!

[@p.i.staker886]

Gotta love these cops surveying without a license, acting like they're the Master in Equity for the county.

[@Alan_Page]

I find it hard to believe that you could have a public sidewalk going along a road, you suddenly come upon a private section contiguous to the rest of the sidewalk, and the public doesn't have a right of passage over it.

[@kylecorrow702]

They always wanna say what they say but when you wanna talk they walk away or cut you off! 🤡

[@nbeneby]

How can you get in trouble le for being on a public sidewalk!?!?

[@shadowbeast2276]

THEY think they own everything in THEIR vicinity or as far as their own eyes can see. And 99% the cops bend the knee to businesses

[@casperkasparov302]

Have you lived in the US for very long?

[@JohnSmith-yv6eq]

Blocking it...by sitting, lying down, standing still.... you have the right to pass and repass but not to block obstruct hinder anyone else...

[@petermastenbroek7719]

The answer is simple :"Just get the police involved, and they will create a major crime out-off nothing"

[@nckhed]

@@JohnSmith-yv6eq Well, good thing none of that happened here.

[@Dakid4rmdade]

Your perspective as a former cop is well needed. You always do a great job at calling out the “low iq” of a lot of these cops.

[@Tubb2581]

So if he walks on the sidewalk it's trespassing but if he walks in the street they'll stop him for Jaywalking

[@ianhill4585]

Its making hover devices look attractive........ 😉

[@tzagear]

@@ianhill4585 I believe your reply generated the first involuntary "hyuck" sort of laugh I have ever uttered.

[@ianhill4585]

@@tzagear You're welcome, happy Christmas,or whatever festival works for you.😊

[@WTF198]

I've never heard of a sidewalk adjacent to a street not being public lmao.

[@scottwees8967]

It is absolutely not a private sidewalk. According to the engineering division of Kansas City and the USGIS, this is a public sidewalk.

[@Chancentrane]

Thank you for actually putting in the time and effort to research the relevant laws and explain them in such detail. Way too many channels these days (like SJVT and others) are being ignorantly led down the sad path of brain-dead sovereign citizen talking points and citing irrelevant maritime law. They spread this misinformation to tons of people who also don’t feel it necessary to think critically. When they say something like, “iM noT a DrIVeR, Im A TraVeLleR!” you know they’re about to say some dumb ish.

[@fits1966]

the first officer is an awesome officer.and human.

[@Invictus13666]

Except he was more than happy to be wished washy and turned whiny tyrant at the end. Bad cop almost good cop.

[@cliffbutler9820]

Not one of them are good. Because if they were good people they would not Join these vermin terrorists.

[@byronwatkins2565]

First, an easement agreement (explicit or implied) IS a public asset even though its only property rights are specified in the agreement. Second, a right of passage does NOT include a right to loiter; it only includes a right to pass as quickly as is reasonable under the given circumstances.

[@thatmanfromcleveland2835]

I would have walked over to that sidewalk so fast.

[@venomousgamer4205]

I know right. I was sitting here hoping he would've said "Ok well I'm gonna go across the street onto the public easement so get ready to arrest me". I wonder what his partner would've said?

[@emanymton5789]

kzbin.info/www/bejne/eZ_RY5R9i8h2e8U

[@SrsBuisness]

@@venomousgamer4205 If his car was parked on that side of the street on that block he would have been totally screwed, arrested for trespassing or jaywalking since he couldn't use the sidewalk.

[@mandelstamm]

This is a response from the store in regards to a 1 star review complaining about the sidewalk issue: "hmm.. no one said we did but we did receive several complaints about someone taking videos/pictures of our customers."

[@lukeskywalker2116]

Super tyrant needs an internal affairs investigation. So does his partner who didn’t stand up for the citizen.

[@kenji4596]

Someday they gonna book you for breathing in ‘private air’ around private places too

[@jeffmerklin2022]

That one dude's got the whole package. Shaved head. Shades. Limited brain capacity. Thumbs stuck in vest.

[@bobsmith2335]

Textbook

[@Slithey7433]

Skinhead hasn’t completed his sleeve tats yet.

[@ianhill4585]

He took the whole "deal".......

[@thr33f0urthr33]

And tattoos. Gonna need to take pictures and document them for gang affiliation.

[@lordfizzz]

I'm sure his spouse extremely happy and unabused

[@stevecollins4919]

“Right of passage” I don’t think it means you can “camp out all day” and videotape everything that goes on … just “pass by” anytime you want, and please do!

[@jhoffster92texasaudits18]

😆 super tyrant! I loved the pop up. Owner cant stop public to use sidewalk. Easement, right away, and another term I can't spell correctly. Curtleige, I think. Thank you Abaya, your videos have help me and my family. Love the app as well!

[@Dangerous_Brian]

Stand and argue all you want - unless you go back on the "public sidewalk" and take this all the way, it's pointless!

[@MrKingArthurhk]

I’d take that arrest and file under 1A, 4A, 8A, 14A and 42 1983. Then I would sue the business owner individually as well. One or mote lost qualified immunity snd a business owner getting hammered in court as well.

[@banditeastlick2471]

Personal problems should not be protected by taxes

[@thedutchman2002]

If that was me in the introduction, I probably would have been arrested for falling over from laughter 😂😂🤣

[@timtam6442]

In the Uk, the threat of an unlawful arrest by a police officer is considered an Assault without battery

[@michaelwertz6689]

You should have gone right over to that sidewalk.

[@kimberlygolden8182]

Everyone knows the sidewalk belongs to the people.

[@timerickson7056]

I lived on a street that the city put in curbs and sidewalks each home owner was assessed and could opt out of the sidewalk and not be charged for the sidewalk but the easement was still there people could still walk there .

[@MrWTF777]

And what really sucks a bout that situation is even if a supervisor is called out. There’s no guarantee that he or she will know the law either. Officers with two or less years experience should be required to research every law on the spot. The moment it comes out of their mouth

[@casperkasparov302]

These cops have to realize Podcasters are Reporters.

[@7davesanchez]

You ever notice the way cops want to withdraw as soon as someone actually presses them on what the law is? Their egos are so delicately fragile that they can't bring themselves to think: "maybe I should just look up the law."

[@Carib9408]

I thought a sidewalk was considered public easement.

[@Tap-a-roo]

In order to determine if that is public or private you would have to find out how far the easement extends from the center of the road.

[@JackCarlock56]

I am the senior construction inspector for a small municipality. In our city, and every other city around ours, when a developer constructs a home, a apartement or a condominium complex, or a commercial structure, they must install sidewalks if one is not already in place. These are not private sidewalks. They are public in every possible interpretation of the word public. I would bet a beer that Kansas City does exactly the same.

[@perdedor3571]

Yup. When I bought my house I had to sign a paper agreeing to an easement. I own the property all the way out to the street including the sidewalk and the area between the sidewalk and road. I have to maintain both and I can't limit access for people walking there or parking on the strip between the sidewalk and road. I've never seen a place where that wasn't the case. This guy is a McDoofus.

[@thekidd2117]

I’ll go a step further…there is no sidewalk in front of my house. Just grass (that’s my responsibility to cut) and then the street. If I wanted to install a fence, I have to go back a certain distance from the street to allow public passage. How this business was able to own a sidewalk is beyond me!!

[@kingmichaeln1]

@@thekidd2117 technically they and you do own the side walk. They are preventing someone from using the public easement tho which is the illegal part.

[@perdedor3571]

@@thekidd2117 same here. On top of that if you do ANY cement work in the front you're required to put a sidewalk in if you don't already have one. The cop is just ridiculous.

[@JackCarlock56]

@TheKidd211 The process at your places is pretty close to how we do it. Our city specifies the width for right-of-ways based on the type of street, e.g., collector distributor, arterials, or residential. Within these limits is where we install infrastructure, e.g, sidesewer, water meters, and light poles. It always amazes me that our residents don't know where their property begins and ours ends. Heck, I sometimes get confused about it, too. And my city is like yours; residents need to apply to make changes in the right-of-way. It's beyond me how the cop doesn't grasp that this sidewalk IS public.

[@dirtysouth865]

How do they own the side walk 🤷‍♂️

[@WeThePeopleUniversity]

some properties do own sidewalks and are even responsible for their repairs!

[@jameswithey8898]

​@@WeThePeopleUniversity For the use of pedestrian traffic. A home I owned in a small town had an ordinance that any property owner had to maintain and shovel in the winter

[@wbrickey]

As you know, many people are doing (more or less) what you do, but YOU ARE THE BEST.

[@hunt2151]

@We The People University. Dude, seen a few of your videos in my feed already and watched every single one. Keep up the great work!

[@michaelwilcox5168]

He’s talking to this man like he’s his father.

[@jasonruggles4622]

I really dislike cops that tell you something is private property when it's really public and they don't know the difference between Federal and public lands. they're the same.

[@jasonruggles4622]

@@williamshelton4318 the only way it's a private sidewalk is when it's surrounded by private property which it wasn't. You can see in the video he was right off the street and easements have three to four feet off of the street. My point is how do I know this basicness but these cops don't. I'm prior military so I actually know the Constitution don't test me

[@jasonruggles4622]

@@williamshelton4318 PS any federal land is considered public land unless it's posted you are not allowed to go there. That's why you're allowed to go onto police land that's why you're about to go into libraries that's why you like to go into almost anything that's Federal to record because it's Federal public land. You know how national parks are federal land but they're still public.

[@rabideauchris4872]

Any officer that will not listen to the public or talks over you in a consensual encounter isn't there to serve the public... The best officers I've ever met are always willing to listen.... Even if they don't accel as quickly in their career they are always the model example of what law enforcement should be.

[@johntant5761]

Love to see a follow up on this.

[@alanrobinson4318]

Easement rights. I worked for the power company, and we had easement rights to work on power poles in peoples back yards. Also, isn't there an easement measurement from center of street ?

[@princesspiplaysbass]

So if you are walking down the sidewalk you have to walk in the road past that place?

[@inthisdayandage857]

In this day and age, I'm perfectly fine when tyrants like this don't make it home. For citizen safety. Cop egos and lies ruin lives.

[@alext8828]

I like when the cop says the business owner gave him authority to arrest the guy if he... What??? Cops don't get their authority from business owners. This cop is highly confused and belligerent.

[@fostecc]

Belligerent, ignorant, illiterate and just plain stupid is a good description of that cop. He definitely doesn't know how to determine if the sidewalk is public or private property. Investigative skills are less than acceptable and intolerable to be a law enforcement officer. Fire the jerk.

[@alext8828]

@@fostecc These guys must have a legal dept. for the precinct. A bunch of, at least, paralegals. They can't call into the precinct and say; "Hey, there's a guy standing over here. Should we shoot him or give 'im a cigar???" How can such an ignorant member of the PD be let out onto the streets with no legal resources? It's anarchy. The camera guy should bring his own lawyer. That would be funny. The lawyer could tell the cop he'll be arrested if he doesn't cease and desist. I really dislike the police. They're a bunch of bowlers and mouth breathers.

[@fostecc]

@@alext8828 The town has a DA however, many from small towns aren't that bright

[@alext8828]

@@fostecc I forgot about the DA. The PB should have a liaison at the DA's office to expedite this kind of thing. I can see a small town having limited resources (Andy and Barney), but I've never seen a cop ask for clarification until a big mess ensues. This is so simple. It's a matter of get the answer and move along. This is not a well-oiled machine. It's more or less an impasse of undercurrents. Testosterone strikes again.

[@claygorovoy5467]

Your absolutely correct .having said that filming a small mom and pop store and making them nervous doesn't further your case. Filming Government facilities and big corporations that work against the public interest. Like fusion centers

[@MNWILD43]

Excellent job! I watch a ton of these vids, but you post many that I haven't seen, yet. I always appreciate your stuff. 💪🏻

[@d_lom9253]

I could deal with losing the hours or days, but the shame police and other services cause throughout these encounters and afterward is terrible

[@jacobray7494]

That cop sayimg he will arrest him and he can argue with the courts if the sidewalk is public or not just urks the hell out of me. Cops shouldn't be able to just arrest you willy nilly just so you can argue what to the courts what should be common knowledge.

[@rjperkins365]

And when they're wrong the public pays. Win-win for them

[@ortizguard2816]

If that was a private sidewalk, it would mean everyone who walks on it is trespassing. If they don't allow a single person to walk there then it is discrimination.

[@d6u4]

How would it mean that everyone who walks on it is trespassing? The store itself is private property, does that mean everyone that goes into the store is trespassing?

[@omcorc]

I love it when the person who phoned the comfort police comes walking over all tough and authoritative once the cops are on scene. That dude was a perfect example, and people like him are a huge part of the problem when it comes to policing. They don’t have the balls to talk to the person in question directly, so they wait for the cops to arrive so they can have a few minutes of not feeling like a complete coward.

[@seanmaury7844]

Is that sidewalk posted as private? It could be confusing if the business owner decides to abuse the public by picking and choosing who to "prosecute" on a whim. Crazy days are coming😂🤡😂

[@generalohu7782]

This location definitely needs a revisit that’s for sure! Along with the police department etc!

[@808airgunsbackyardaz6]

I live in Farmland, part of my Land I have to allow Farm tractors , Irrigation workers. Nation wide, yes they own it, but laws allow right of passage. Good Video

[@MauriceLeviejr]

From the look of this area it appears to be between state line road and Troost. If I heard correctly this is near prospect avenue. For those that haven’t lived in KCMO, the city goes from million dollar mansions to hood in 4 blocks.

[@chrisbudesa]

We do not THANK tyrants

[@philnight9563]

If it’s accessible to the public he can be on it all day long!

[@lunda2222]

3 months in the Academy? Where I'm from (Norway) the minimum is 3 years and it's a college level education to become a police officer which will give you a a bachelor. To rise in the rans you need a masters degree. Around half of that time is dedicated to learning the law.

[@patriciamariemitchel]

Okay. I believe sidewalks are there for the public and any judge should confirm that. The question is, how much does the auditor believe in what he is doing to go to jail for it, even for a day? 😶

[@V-oj9we8gf7d]

should have called their bluff.

[@RonJDuncan]

The complication is whether he uses it for the intended purpose of traveling from point A to point B, or if he stops to do anything other than the intended purpose. If he were to use it to walk in front of the building, go down to the corner, and continue on his way, he'd be fine. Still, I doubt the law would treat it as a quintessential public forum under the first amendment if the sidewalk is privately owned since it would not be used for the intended purpose the easement is designed for.

[@ak2nda695]

I mean he didn't immediately walk over and "step foot" on the side walk. That being said he did a decent job handling that pig.

[@Hear-MeoutTwo2]

@@RonJDuncan::: THAT SIDEWALK is not privately owned. The land below that sidewalk is privately owned but the pavement on the property is a public easement and the "intended purpose the easement is designed for" is no different than any other PUBLIC sidewalk.

[@RonJDuncan]

@@Hear-MeoutTwo2 As stated earlier, it doesn't matter it's a private or public sidewalk when it comes to the intended purpose of an easement for the purpose of traveling, as noted in the video. Like Abiya said, I don't know if the sidewalk here in question is privately owned or not... such sidewalks may be privately owned, but that doesn't stop their purpose as an easement. The difference is where public forum doctrine comes into place. In a quintessential public forum, I can stand on a public sidewalk that's owned by the government for the purposes of free speech. On a privately owned sidewalk, public forum doctrine may not necessarily apply. The intended purpose of traveling is covered, but protesting might not. That's why there is a distinction here. The idea of setting foot alone on there as being disallowed is ridiculous because the purpose matters.

[@upgrade1015]

“Video taping “ you tape recording bro, you got a VHS tape in there my man? Haha your recording ! Lol you can tell the age when they say “rewind it” lol

[@Life-n8q]

I WOULD HAVE WENT RIGHT TO THE LIGHT AND WALKED OVER... AS I DONT KNOW THE JAYWALKING LAWS. BUT I KNOW AMAZING LAWYERS IN MO..😆😆😆

[@robertyoung9589]

have gone not have went

[@mailmaniac8]

TY for this audit. Coolly and calmly, he stood up to a super-tyrant. 1st cop was professional.

[@rfwells1]

Finally a KZbin explaining what an easement is. I like this definition best: a non-possessory right to use another person’s property. Generally, roadways are different from pavement and traffic lanes. Roadways can be dirt, but most importantly, they are an easement overlaying abutting private property. Yes, very likely, your plot of land goes to the centerline of the roadway. The easement gives the municipality the right to improve it with pavements and/ walkways, on the easement. It’s still your land and you can maintain your plantings within the easement, such as grass or shrubs. You can walk on grass. When it’s mowed, usually a person walks in it and rolls a machine across it. Videos of cops saying you’re breaking the individual blades of grass is BS. It’s a traffic bearing surface if you so choose to put it in the easement.

[@Xenoyer]

When I was a young man, I commonly asked police officers if something was or was not against the law. I wanted to make sure I acted within the law. Now that I am an old man, I never ask the police if something is against the law. I look it up! My own city police have misquoted the law to me and even have threatened to charge me with trespass on my own property. I had a long talk with the mayor about that. Afterward, the chief of police treated me much differently. He treated me with more respect. Sadly, because the mayor was running for sheriff and I told him I wouldn't vote for him because he can't even get the city police to follow the law may have been the primary factor in the improved police performance. The mayor lost my vote when I went to the polls and voted for his opposition. I advised the mayor to have our small police force undergo remedial training on city ordinances. Thanks for what you are doing.

[@iqcops]

There is a long list of jobs that require IQ testing and "law enforcement official" need to be on the list!

[@emanymton5789]

not just that. but there should also be a "minimum length requirement" to apply. so they do not get tempted to overcompensate for being short dicks. they can compensate for being just dicks.

[@nckhed]

@@emanymton5789 You mean "height"? What difference does a person's height make in these scenarios? If they're being immoral and unlawful, I don't care what size they are, just like I wouldn't care what color their skin is. Wrong is wrong and evil is evil.

[@emanymton5789]

@@nckhed i said length and i meant it. i was NOT talking about how tall the cop is. the distance between his top hair and the ground is irrelevant. no matter how tall the cop, they do reach all the way to the ground. but his ...let's call it "barrel lengh" is relevant. cos people with rather short penises often overcompensate with extremely dickish behaviour. Prominent examples: Donald Trump, Andrew Tate, Will Smith. And Officer Knobhead from the video

[@MrKingArthurhk]

No one owns the sidewalk.😂😂

[@bossg8613]

After seeing this I know the world coming to a end

[@krmeadows0001]

That officer KNOWS that the property line does not extend all the way to the street and that the sidewalk is publicly accessible. He's just throwing his weight around, pretty much daring the video taker to walk on that sidewalk.

[@UlimateWarriorz]

I learned one thing in the academy: an old instructor said "The only thing you're going to learn here is how to get your ass kicked. In the streets and in the court room. Never stop learning." But that was back when departments had hiring standards and weren't giving badges and guns to idiots like the one in the video.

[@podunkcitizen2562]

There is a private street in the Rockefeller Plaza complex (called appropriately enough Rockefeller Plaza) that is opened to the public. However, to maintain their ownership rights, the complex shuts down the road to public use one Sunday in July every year.

[@frankgardiner5002]

If they are leaving the profession there's a reason for it and I think the reason is they can no longer get away with not knowing the law. It's not a good idea shortening the training period as it's only going to make things worse. Law enforcement isn't one of those jobs once you done the training that's it, you should be constantly educating yourself and refreshing yourself.

[@georgemetraca9131]

They’re surprised when you catch them alone in some other sidewalk.

[@JAYPHILLYNEWS]

THIS IS THE DEAL . “I placed him in handcuffs” “Why? “Safety” “What was the safety concern?” “He was resisting” “What was he resisting?” “Being placed in handcuffs” FBLG" FBL POLICE AFRAID AND SCARE THAT IS BEING A COWARD AND SHOULD JUST QUIT THE GANG .