This morning I received multiple links and copies of this video that’s been circulating, showing a West Virginia State Trooper, in what appears to be inside a family’s home without a warrant. Apparently it was originally posted to Tik Tok, and then removed for some reason. It appears to involve a police response to a church traffic cone, which resulted in the homeowner apparently banging on the church’s door at some point. This trooper shows up, walks in the guy’s home, admittedly without a warrant, and without permission. Then the trooper makes a move on the phone, followed by some sort of altercation at the end. Here’s the video, then I’ll address some legal issues which I see.
Is a warrant required? If not, is there an applicable exception?
Citations and law at the link:
That right there is a prime example why qualified immunity should not exist.
You can see what the problem is, this trooper doesn’t care about being sued because it won’t come out of his pocket. We need to change that… also he doesn’t think he will ever lose his job for doing this, he thinks the blue line will back him up…. We need to change that
IMO the other deputy is just as guilty for not stepping up and attempting to calm the situation down or tell his partner to chill out. Just hanging back while these people were assaulted and treated like dirt says a lot about him as well . He’s a little coward! I wonder if he purposely stayed in the doorway, not actually stepping foot inside, because he knew it was illegal and didn’t wanna get into trouble for entering.
The corruption starts with the judges, DA’s, attorneys and law enforcement. Judges and DA’s are the real problem that’s why the cops act without conscious and consequence.
In LA for Biden’s ‘Summit of the Americas,’ Secretary of State Antony Blinken spoke about press freedom at a journalism forum. Abby Martin confronted him over US hypocrisy. Featuring commentary from Abby after the event.
A petty tyrant is a tormentor. Someone who either holds the power of life and death over warriors or simply annoys them to distraction.
~Carlos Castaneda – The Fire from Within~
“My benefactor used to say that a warrior who stumbles on a petty tyrant is a lucky one.”
A petty tyrant is a person who causes distress by imposing his/her will on others using psychological pressure rather than physical force. The petty tyrant feels he may impose his will because he believes that he is a superior being and because he wants to operate from a position of authority.
Petty tyrants are the button-pushers, the individuals that have the ability to throw things off-balance for you if you let them. Many petty tyrants are unaware that they are the cause of so much frustration. They are effective teachers because they force the warrior to closely monitor their own reactions and habitual behaviors. The result is mindfulness and the ability to shift the assemblage point, even if ever so slightly, in order to loosen the fixation to the conditioned response that causes the reaction in the first place.
Castaneda believed that by looking at the petty tyrant through a different filter, a person could not only co-exist with a petty tyrant but also benefit from the relationship. This type of relationship would be most common in the workplace, school or other public forum when you have no choice but to be in close proximity to the petty tyrant. The challenge for the warrior is to try to consciously get along with this co-worker without being petty yourself. It’s a “rise above it” opportunity that could challenge one to the core.
Don Miguel Ruiz summarizes by saying “don’t take anything personally.” This is the biggest gift of the petty tyrant. To be able to recognize that even though you will be annoyed to no end by the petty tyrant one must not allow themselves to be energetically attached to the petty tyrant. They are ruthless and are often painfully consistent in throwing someone off of the center quickly and effectively. To fall prey to a petty tyrant means that you allow yourself to become agitated repeatedly by the same words, behaviors and attitudes over and over again.
The freedom arrives when the petty tyrant no longer affects you. You are in their presence and they are the same they have always been. Annoying to no end, distracting and even disruptive but they just don’t have the same affect on you anymore. You are no longer annoyed or imbalanced by them. You have accomplished the feat of shifting your assemblage point so that you no longer perceive annoyances in the same manner you did in the past and you have successfully severed the energetic stronghold that the petty tyrant had on your self-importance. In fact, you can’t even remember what it was that annoyed you so much in the first place.
This is the gift. The petty tyrant pushes and pushes and pushes until the very thing(s) that bothered you about them in the first place no longer do. Unwittingly, they set the stage for growth in areas you may not have even realized should be addressed. The petty tyrant can stop your world by activating a series of emotions and responses within you that you could not even imagine existed. They are, in their own right, a portal for deepening your quest for freedom.
Even the worst tyrants can bring delight, provided, of course, that one is a warrior. This may be incomprehensible to those who are in the middle of working with one of the nastiest petty tyrants. How can someone who causes so much emotional turmoil and revulsion possibly bring delight? The delight is found in the moment that the warrior rises above the tyranny and recognizes how utterly ridiculous the seriousness of the petty tyrant is! Petty tyrants are, for the most part, trying desperately to become stronger by stealing your personal power, to build up their own egos by belittling you and pushing you around. The moment you pull the carpet out from under them and stop energetically feeding them leaves them in such a state of confusion and no other choice but to go and find their next “victim”.
The petty tyrant teaches the warrior to develop a strategy utilizing the four attributes of warriorship:
- forbearance, and
As a result the warrior deepens so much so into these four attributes that it may be a very long time until the next petty tyrant appears. And then, the ultimate pleasure arises when you become aware that you have become someone else’s petty tyrant. And the gift, in this case, may be pure awareness and detachment to the petty tyrant as the result of your fluidity and energetic efficiency.
Quotes from Carlos Castenada’s Book.
Nothing can temper the spirit of a warrior as much as the challenge of dealing with impossible people in positions of power. Only under those conditions can warriors acquire the sobriety and serenity to stand the pressure of the unknowable.
The perfect ingredient for the making of a superb seer is a petty tyrant with unlimited prerogatives. Seers have to go to extremes to find a worthy one. Most of the time they have to be satisfied with very small fry. Then warriors develop a strategy using the four attributes of warriorship: control, discipline, forbearance, and timing.
He said that what the new seers had in mind was a deadly manoeuvre in which the petty tyrant is like a mountain peak and the attributes of warriorship are like climbers who meet at the summit.
Control and discipline refer to an inner state. A warrior is self-oriented, not in a selfish way but in the sense of a total examination of the self.
Forbearance and timing are not quite an inner state. They are in the domain of the man of knowledge.
The idea of using a petty tyrant is not only for perfecting the warrior’s spirit, but also for enjoyment and happiness. Even the worst tyrants can bring delight, provided, of course, that one is a warrior.
The mistake average men make in confronting petty tyrants is not to have a strategy to fall back on; the fatal flaw is that average men take themselves too seriously; their actions and feelings, as well as those of the petty tyrants, are all-important. Warriors, on the other hand, not only have a well-thought-out strategy, but are free from self-importance. What restrains their self-importance is that they have understood that reality is an interpretation we make.
Petty tyrants take themselves with deadly seriousness while warriors do not. What usually exhausts us is the wear and tear on our self-importance. Any man who has an iota of pride is ripped apart by being made to feel worthless.
To tune the spirit when someone is trampling on you is called control. Instead of feeling sorry for himself a warrior immediately goes to work mapping the petty tyrant’s strong points, his weaknesses, his quirks of behavior.
To gather all this information while they are beating you up is called discipline. A perfect petty tyrant has no redeeming feature.
Forbearance is to wait patiently–no rush, no anxiety–a simple, joyful holding back of what is due.
A warrior knows that he is waiting and what he is waiting for. Right there is the great joy of warriorship.
Timing is the quality that governs the release of all that is held back. Control, discipline, and forbearance are like a dam behind which everything is pooled. Timing is the gate in the dam.
Forbearance means holding back with the spirit something that the warrior knows is rightfully due. It doesn’t mean that a warrior goes around plotting to do anybody mischief, or planning to settle past scores. Forbearance is something independent. As long as the warrior has control, discipline, and timing, forbearance assures giving whatever is due to whoever deserves it.
To be defeated by a small-fry petty tyrant is not deadly, but devastating. Warriors who succumb to a small-fry petty tyrant are obliterated by their own sense of failure and unworthiness.
Anyone who joins the petty tyrant is defeated. To act in anger, without control and discipline, to have no forbearance, is to be defeated.
After warriors are defeated they either regroup themselves or they abandon the quest for knowledge and join the ranks of the petty tyrants for life.
The battle over the right to record police is far from over. That’s because a case pending over a routine traffic stop in Lakewood, Colorado, where police interfered with a citizen journalist recording, could have a huge impact on a controversial legal precedent which shields cops from legal liability.
End Qulified Immunity Protections, & Civil Asset Forfeiture. Hold Cops Accountable.
Cops who break the law must be held accountable for their illegal actions !!!
This is also why you need to tell the cop that he is about to violate your rights and will lose his qualified immunity. Otherwise he can claim he didn’t know that law or right and use the qualified immunity as a defense.
Get it right in your heads people. “To protect and serve” means themselves.
Qualified immunity isn’t a matter that will be addressed by police reform. It’s part of the holding accountable of elected officials.
If cops didn’t break the law. These people who record them would not need to record the cops
In “this day and age…” Why do cops NOT know the law?
That cop who try to obstruct them from recording definitely has more issues under the radar and he’s a ticking bomb.
this is America cops should lose their pensions three strikes and they’re out!!😎
That would be three justice systems.
One for police, one for the wealthy, one for the rest of us.
And PlEASE leave a comment for copwatcher Abade aka Liberty Freak, his law suit may become case law that protects your right to record the police! So make sure to give him some kindness and support as he will be turning himself into law enforcement and will be incarcerated for a few months. So this is your chance to share your thoughts with him before he goes inside. Thank you! -taya
What an incredible episode!!! I especially love it when you break things down and illustrate clearly how our system has “run amuck” and been abused to undermine & sabotage itself.
“Qualified Impunity” is such a clever, creative and accurate play on words. I would love to see that term widely adopted because I would hope that this shift might become a catalyst for reform by bringing a better understanding of just how broken our system is; and how close we may be to losing our democracy itself! It is being attacked and undermined in so many ways right now from so many sides…
If ignorance of the law is no excuse for civilians ignorance of our rights should be no excuse for the law!
Since this video was from Colorado it would make sense to mention that, at the time of this report, a new police accountability law was about to go into effect. Since then several cops, notably Loveland PD, have been held accountable with this law. As for my opinion I would like to say, no one has done more to end qualified immunity than corrupt cops all over the US.
If cleaning up neighborhoods changes the culture by changing the way people feel, then cities have an interest in leaving them neglected to justify dumping more money into police presence. It’s business as usual.
There are three types of versions of laws, the one for the poor aka the “criminal class” and then the one for government officials/LEOs, and finally the one for the elites/the rich who line the pockets of said govt officials & LEOs
I think we now know why the police are no longer required to learn the law before claiming to “enforce the law”.
Not knowing the law lets the police officers claim “I didn’t know the law” and the courts say it was an “honest mistake” and let them off with a warning to do better.
Oh and…….”qualified immunity” sounds like a “Jim Crow” law. It’s sickening that such a perversion of our Constitutional Rights is allowed!
Something to keep in mind. Until privatized, for profit, publicly traded prisons are done away with none of this tyranny will end.
I’ve always said that one of the main goals of 1st Amendment auditor’s is to remove the sovereign from the state 👍💯👍
Driver: I’m just defending myself here. You really have nothing to fear from me. I’m not out to get you. So can you kindly just cite or warn me and we can go on our way?
Wait, qualified immunity gets it’s power by proving that the law enforcement officer was ignorant of the law? Make it make sense somebody please.
Aaron Reinas was just blocks from his home when a San Bernardino, California, sheriff accosted and accused him of burglarizing cars. What happened next reveals the dangers of unchecked police power and the dire consequences individual citizens can face for standing up for their rights. PAR investigates Reinas’s questionable arrest and why police often ignore the law in pursuit of phantom crimes.
I would love to see how Fox and MSNBC would react to this. Would Fox attack Clinton while defending Trump? Would MSNBC attack Trump while defending Clinton? Or would they both avoid the story altogether because it may hurt a member of their “team”.
I know I cannot explain this clearly, and even if I say it, it won’t matter, but I still want to let it out. I am a hypocrite. I admit I am not a good woman, and am in fact, a very very bad woman. About three years ago, Zhang Gaoli vice president, you retired. You asked Dr. Liu at the Tianjin Tennis Centre to contact me, and asked me with play tennis with you at Kang Ming Hotel in Beijing. After we finished playing tennis, you and your wife Kang Jie brought me to your home. Then you took me into your room. Like what happened ten years ago in Tianjin, you wanted to have sex with me.
That afternoon I was very afraid. I did not expect this to happen – someone helped guard outside (translator note: not very clear what she’s trying to say here), because nobody would believe that a wife would allow this. About seven years ago, we had sex. Then later on after you got promoted to be a member of the Politburo Standing Committee in Beijing, you never contacted me again. I used to bury everything inside me. After all, if you didn’t want to take any responsibility, why did you come back for me, and brought me to your home to have sex? It is true that I don’t have evidence. It is also not possible to leave evidence. Later on you kept denying, but it is true that you were attracted to me first, otherwise I couldn’t have been able to come into contact with you.
That afternoon I didn’t agree, and I kept crying. I had dinner with you and auntie Kang Jie together. You said the universe is very very big. The earth is merely a speck of sand in the universe , and us human beings are smaller than even a speck of sand. You said a lot more than that, and the purpose was basically to persuade me to drop my guard. After dinner, I was still not willing to have sex. You said you hated me. You said in those seven years, you never forgot about me, and you will treat me well etc… I was terrified and anxious. Taking into consideration the affection I had for you seven years ago, I agreed… yes, we had sex.
Romantic attraction is such a complicated thing that explain it clearly. From that day on, I renewed my love for you. Throughout my time with you after that, purely based on our interactions, you were a very good person, and you treated me well. We talking about recent history, as well as ancient eras. You educated me on so many topics, and we had discussions about economics, politics. We never ran out of things to talk about. We played chess, sang, played table tennis, played pool and also played tennis together. We always had endless fun. It was as if our personalities fit perfectly together.
I left home early (translator note: professional athletes in China frequently leave their families at a very early age to train full-time). On the inside, I am extremely deprived of love. In the middle of all of this, I never thought I was a good woman. I hated myself, I hated why I came to this world. You told me you loved me, very very much, and you said you hope in the next life, we can meet each other around the age of twenty, or eighteen. You said you were lonely. You pitied yourself for being alone. We had endless things to talk about, never ran out of topics. You said in your position, it is impossible to divorce. If we met in Shandong (translator note: a province of China, of less political significance than Beijing), you would have been able to divorce, but not now. I thought I would just accompany you quietly, not making any noise.
At the beginning, everything was fine. But as time goes on, things started to change gradually. There was so much unfairness and humiliation. Every time you asked me to go to you home, behind your back your wife said so many ugly and hurtful things to me. All kinds of jeer and mockery. I said I like to eat duck tongue. Auntie Kang Jie would go, “ew so disgusting”. In the winter when Beijing had poor air quality due to smog, auntie Kang Jie would say, “it is because you live in the countryside. We don’t feel that at all here”. Things like that, she said so much of them. When you were with me, she never said those things. It is similar to when we were together. When we were together alone, you acted one way, but when there were other people near by, you would act another way.
I have told you this before, hearing those things made me feel very hurt and humiliated deep down. Since the first day when I knew you, I have never used a cent of your money, neither have I ever used you to obtain any benefits for myself, but this thing called reputation, is so important. Everything that has happened, I deserve it. I have brought everything upon myself.
From the beginning to the end, you told me to keep our relationship a secret, and most importantly of all, I was to never tell your mom we were having sexual relationships. Because it was her who drives me to the Church of the Saviour (translator note: a church in Beijing) every time, and then I would have to change to your car to be able to get into the gated apartment complex. She thought I was always just at your place to play Mahjong or poker. We were always just transparent individuals in each others lives. Your wife was like the queen in The Legend of Zhen Huan (translator note: a very popular show about power struggle within an ancient Chinese royal family), while words couldn’t describe how embarrassed I felt.
There were so many times where I thought, am I still a human? I thought I was a soulless creature, faking, faking everyday, which one is the real me? I shouldn’t have come to this world, but I don’t have the courage to die.
I really want to just live simply, but things turned out different than what I wanted. On the 30th, we argued very badly. You said on the afternoon on the 2nd, we would go to your home to slowly talk it out. Today at noon, you called to say you are busy, denied everything, made excuse to say we would talk another day… and just like this, you disappeared again, just like seven years ago.
You played with me, and dumped me when you are done with me. You said there were no transactions between us. Yes, that is true, our affection towards each other had nothing to do with money or power. But I have a hard time finding closure for, and coming to terms with our three year long relationship. You were always scared I would secretly bring a recording device, and leave evidence. That’s right, other than me, I do not have any evidence to prove what happened, no audio recording, no video taping. The only thing I have is memory from my own messed up self.
For someone as prominent as yourself, I know you said you are not afraid. But it doesn’t matter if I’m hitting a rock with an egg, or being a moth that flies towards the flame, I am telling the truth about what happened between us. With your intelligence and wits I am sure you will either deny it, or blame it on me, or you could simply play it cool. You always say you hope your mother in heaven could bless you. I am a bad woman who doesn’t deserve to be a mother, but you are a father with both boy and girl. I have asked you this before, would you have done the same even to your adopted daughter? Do you still have the courage to face your mother after what you have done in your lifetime? We sure all like to pretend we are virtuous…