WV Trooper Walks in House and Demands to be Sued

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:

Comment

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

 

Remember he acted this way knowing he was being recorded! Can only imagine what he’s done when not being recorded
This Trooper not only needs to be terminated and never work as a law enforcement officer again he also needs to be charged with the appropriate crimes and prosecuted. His lack of self control is a danger to citizens as well as his fellow law enforcement officers. My bet is this Trooper has a long list of complaints against him. Probably some pretty interesting body camera recordings in this guys history as well. A good start would be a public records request for this Troopers IA summary and then go from there.
I am a retired cop and I can tell you this, he broke the law. He has no business serving the public, he is a danger to his co workers and the public. I hope this homeowner pursues both criminal a civil action. If I knew where to donate money to see this coward dealt with I would. I am speechless… Sick man. If he entered my house like that he would be leaving in a body bag! Says he stated his name and badge number, he only stated his name and couldn’t even do that in a discernible way. CIVIL RIGHTS LAWYER PLEASE KEEP US POSTED.
This is every cop in the whole state of west va…… I was born there…. I grew up there…. I left there 15 years ago because I got real tired of fighting corrupt murderous police…. They do what they want, when they want and there is nothing u can do about it…. U can sue a department and 15 mins after the trial is over the cop is on the sidewalk outside the courthouse whaling on you with a nightstick screaming stop resisting….. u can sue the same department over the same officer multiple times and they don’t get fired…. They don’t get reprimanded…. Nothing happens to them…… they will break into your house, shoot and kill you (like they have 3 members of my family), they will take their 15 days paid leave and be right back on the street with no fear of anything actually happening to them
That officer is completely unhinged. If yelling puts him on tilt this bad he’s definitely in the wrong business.
This state trooper is a criminal who deliberately breaks the law and believes that the law does not apply to him. He should not only be dismissed but also imprisoned. He is a permanent danger to society.
Imagine the audacity of telling someone in their home they aren’t going to raise their voice to you .
“I walked in your house because I don’t want to get shot.” WTF. This officer is a danger to the public. How the hell do these cops think they can behave this way? Enough.
This “officer” needs to be criminally charged. He forces his way into another’s house with no legal grounds, threatens the homeowners, and attacks them. He should be charged with at least trespass, assault, and battery in addition to the civil suit.
Whenever a citizen points out to a cop he’s breaking the law, why does he always respond “I’m not playing this game?” Suddenly TAKING PEOPLE’S FREEDOM AWAY IS A GAME.
They will protect this cop. A judge will say that they didn’t tell him to leave strong enough and he was in fear for his safety. The judges, cops, and prosecutors all work together (along with some public defenders). The corruption is so thick.
If a citizen couldn’t defend themselves with a weapon in a situation like this, the 2nd amendment is useless.
this trooper obviously has anger and rage issues! not only was this guy’s rights violated, he also assaulted him! if there were broken bones involved, then i believe that makes it felonious assault!
“We have investigated ourselves and – as usual and as expected – have found no wrongdoing.” – Every Police Force in America
If only the police unions were the ones paying… not the taxpayers.
He lost it, let his ego control every stupid word that he spouted ! If this is how he can behave on camera in someone else’s home , imagine when there’s no camera or witnesses 😳 absolutely dangerous to the public. Needs counseling anger management and fired ! Lawsuit will be paid by the taxpayers, we need to abolish qualified immunity for all government positions PERIOD!🤙🏼✌💜
When an officer enters a home by himself, without a warrant, and without your permission…#1 he is NOT scared of getting shot #2 it’s perfectly reasonable to assume that he is there for no good, possibly to rob you #3 He wants you to react in the same way that any one else would act towards an intruder so that he can use it as an excuse to beat you up or shoot you.
His name was Trooper Wiseman! please spread the word. we as citizens need to speak up against this tyrant and not sit idly by.
“You came down here, pounding on the Church door. Acting like a fool.” – Oh the irony
It’s clear by the cops actions that he knows it’s unlikely he’ll be disciplined or that being sued will result in any personal damages. When law enforcement operate with impunity in this way, after the fact law suits and case law become irrelevant, as do any protections a constitution is supposed to bring. When such behaviour including intimidation, physical violence and an inherent threat to life are in process, the only reasonable response to these actions by the state, is the threat of deadly force by the home owner and their agents, without fear of retaliation. This is why for true freedom to exist, the integrity of the home and the sanctuary it brings must be paramount to any and all actions by law enforcement other than (perhaps) those pursuant to the immediate preservation of life.
I find it amazing with the media coverage including social media that gets these type scenarios out in the public and thousand see them, that they continue to occur. Surely LEO management see and know this stuff is happening? Are the hapless to prevent it? Are they indifferent to preventing it because “its part of doing business” or we are too dumb to learn different? What’s going to happen when people have had the “collective enough”?
I love the fact that he says, good go sue. He is admitting that he knows it illegal to enter the home. What a dangerous trooper! Please bring this video to light in his county, he needs to be fired and charged.
This cop is the definition of a power tripping cop. Let’s hope the home owner gets a very large settlement both against the police and the individual.
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.
This is exactly the type of person who seeks this profession, someone who craves harassing people. Working under his own rules and couldn’t care less about the law or their policy. After exposing this clown this should be immediate termination!
Here’s my question and I think it is a important one. Presuming that the law enforcement officer in this situation is either a city cop or a state trooper: could you and should you call the county sheriff to make a criminal report of breaking and entering and assault ? It seems to me that it would be a legitimate claim and it would have to be handled just like any other assault or B&E and the county sheriff would be obligated to follow due process. Even if it was within the city limits it’s still County jurisdiction. I really hope you answer this because I think it is really important to understand if citizens have another course of action rather than the police simply investigating themselves.

 

  • they always “Investigate” themselves and find no wrong doing.. like gang members ALL law enforcement will defend their own even knowing they were wrong..
  •  @scott cochran  that is precisely why I think it should be reported to the elected Sheriff if it is an actual crime situation. The sheriff is elected and traditionally is a little more in touch and accountable to the locals.
When it gets to the point where police are too fearful to do their job effectively they must be removed from their position.
  • This cop wasn’t scared for one second
  • The problem is they fear nothing. There is never any consequences for their behavior! Worse case they get a paid vacation for bad behavior!
  • The officer literally stated he was worried he was going to be shot as justification to violate his 4th amendment rights.
In general, you need to state your rights.* I don’t consent to any searches or seizures.- 4th Amendment* * I don’t answer questions officers- 5th Amendment.* Cops will still do what they’re going to do but you will have a stronger case in court to win your settlement.
When rogue cops are illegally detaining, assaulting or  brutalizing innocent citizens like this, any companions of the victim and other  people who are observing the incident underway should IMMEDIATELY video AND shout out to let the cops know that they will LOSE THEIR QUALIFIED IMMUNITY IN COURT AND THEY WILL BE PERSONALLY SUED ALONG WITH THE CITY,  AND RISK GOING TO PRISON FOR THEIR CRIMINAL ACTIONS AND VIOLATIONSOF CIVIL RIGHTS!!
See also for example the police murder of  Luke Stewart. Since it is TAX DOLLARS that ALWAYS fund and payout these absurd ( not union or pension funds unfortunately) and massive  law suits to the  aggreived parties, all citizens have the right and duty to express their LOUD  anger and disapproval of any observed  illegal conduct , excessive violence and abuses police  flagrantly and  openly  committ in public.
The reality is that cops are broadly given too much protection from unions; they don’t act consistently lawful, and masses of cops have improper training or often fail to use effective  de-escalation tactics when the circumstances warrant  and doing so is clearly  appropriate. Another example: one man who was a counselor for a young austistic boy went searching for him when cops showed up. Even though the man got down on the ground with hands open and arms spread the cops shot him multiple time with no legal justification. The cop afterwards directly stated he didn’t  know why he shot the law-abiding citizen!?!🤔🤨🙄
It was also a gross error and dereliction of duty for former President Obama to merely dole out billions in surplus military equipment to police departments all around the nation. https://inthesetimes.com/features/obama_police_miltary_equipment_ban.html
This cop came and created more crime than what he was there for and demeanored these people as if they were animals in their home. Then assaults the man and makes him bow down to his illegal authority.
This is what happens when steroid abuse is allowed to run rampant in police departments. It’s absolutely disgusting. I hope they sue and win and I hope this unhinged officer is arrested and charged.
For a trooper who is “not gonna let you shoot me”, he’s doing everything he can to get shot.
the officer stated explicitly that his concern allowing his entry without a warrant was based on his concern that firearms might be used against him. I.E. his illegal entry was a precautionary weapons search inside the house – without a warrant or probable cause. Give the cop a Uvalde award and fire him, and yes, sue the hell out of him.
After having my rights violated I called a dozen lawyers and after hours of time wasted none have called back like they said .the cops came to my home on a tip that someone in my home may have a warrant and tried to enter my home without a search warrant until I told them they couldn’t enter and they never told me who they were looking for then demanded my ID and I said why do you suspect me of a crime and I refused to give them it they were going to arrest me for interfering in their investigation cuffed me and placed me in a hot police car for 30 minutes while they ran the ID of the 2 girls that were in my home we all came back cleane but they didn’t release me for about 10 more minutes
The officer was afraid the guy had a gun so he followed him into his house? Ya, that makes all the sense in the world. When I fear for my life I also follow people that I don’t know into places that I’m unfamiliar with too.
Somehow, I see an unhappy ending to Trooper Wiseman’s career in law enforcement. His uncontrollable rage coupled with his possession of a loaded firearm; his unlawful entry into a home, physical assault on two individuals in the invaded home . . . Look for a federal indictment and conviction before Christmas. Too many people have seen the video for there to be anything other than criminal charges for this crazy acting cop. He has brought humiliation, scorn, distrust, dishonor and disgrace to his agency, a mortal sin for any cop.
That trooper is the EXACT reason that so called “good cops” get assaulted, battered, injured and killed by citizens. His personal anger, lack of respect for the constitution that he swore to uphold, contempt for citizens and belief that his personal feelings and desires are overwhelmingly more important than anything or anyone else is shockingly vivid. I wonder how many people he had arrested for “raising their voice to him”? If he has not yet, he will kill someone in the line of duty for some perceived disrespect and blame it on safety. He needs to lose his certification and never be employed in law enforcement ever again.
John, this cop is par for the course; Condescending, threatening, and violent. Then this cop shows considerable distain for the fourth amendment of the constitution, once again par for the course. I did see a camera but I didn’t see any light notifying us that it was rolling if he truly had one and it wasn’t some SHINee button so he can claim that he has a body camera. Considering how easily police are able to lie to us I would not be so confident in his response.
To the cops in this video: You should go to the church and ask them to move the traffic cone instead of unlawfully entering the house of an innocent family’s home, falsely accusing them of a weapon, and assault.
How convenient of this trooper to record himself violating this man’s 4th Amendment right by illegally entering his home without permission to do so and without a warrant. This body cam video – if it doesn’t mysteriously “disappear” once a lawsuit is filed – will come in handy in the federal civil rights lawsuit that I hope this man files. I wonder how the trooper arrogantly and belligerently inviting the victim/plaintiff to sue him will be received by any judge or jury who might this video during a trial? I know how I would view it.
My goodness, this cop must be on a power trip from hell. I almost feel sorry for him for being in such a mental state that he’s in. He would totally lose it if he lived in a blue state where pot is normalized. He must really hate himself. He’s dangerous!
“Do not raise your voice to me”. Does that sound familiar to anyone? Omg scary as fkc. Can tell he is already unhinged. Can’t risk talking to them. Remain silent, tell them to leave.
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.
Imagine this; you have in the neighborhood you live in growing up as a kid these parents (judge and DA) that have these bully kids (cops) , and a older brother (chief of police) who’s “seems” like the descent one of the brothers, that terrorize the other kids(citizens) in the neighborhood. But everyone is afraid to fight against the bullies (cops) because you’ll get your ass kicked so you go to the older brother (Police Dept. Chief of Police) “Hey your brothers (cops) are real bullies they’re fucking with everyone and me!” The older brother (chief of police) says “I’ll give them a good talking to and if they keep it up I’ll even tell mom (DA) and dad (Judge) about it(internal investigation) he(chief of police) talks to his brothers(cops) and still the bully brothers (cops) don’t stop harassing the kids(citizens) in the neighborhood so finally the parents of the neighborhood have had enough, they go to the parents (Judge and DA) house(court) and complain about their kids(cops) and to the surprise of the parents of the kids (citizens) that are getting bullied, the parents (DA and the Judge) of the bullies (cops) declare this will be a in house matter and their bully kids (cops)will be dealt with. Then you later find out as punishment they only got time out but continue to be able to enjoy their privileges(qualified immunity) so where was the punishment? And that is how the American Justice system works. The corruption starts from the head down. Judges, DA’s and (chief of police and police stations, public defenders all go hand in hand. There are public defenders that are in league with these corrupt officials on making deals, now that’s something to think about. Let’s get rid of public immunity and have the cops pay out of pocket. As tempting as it is to go after the big monetary prize we to instead go after the cops personally and their livelihood yes it will be considerable less money but they will never work in law enforcement and at best will be flipping burgers for the rest of their lives while losing everything. First have a camera then in order to strip a cop down of his qualified immunity you have to let them know what they are doing is illegal and is this the policy of the police department and name a precedence of a court case that goes against what they are doing and advice them that they will lose their qualified immunity if they continue in this wrongful manner and if they do; You got them and their livelihood.

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Abby Martin Confronts Sec. of State Blinken Over Israeli Murder of Shireen Abu Akleh

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.

What is a “Petty Tyrant?”, by Carlos Castaneda

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.”
~Don Juan~

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:

  1. control,
  2. discipline,
  3. forbearance, and
  4. timing.

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.

A cop tried to keep him from recording a traffic stop, but now he’s fighting back to change the law

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.