openpolitics.com

Resident owner denies Arlington Police Officers entry into his home without a search warrant, Officers still went in.

 

You’re taught in the police academy that any entrance pass the threshold of the door is trespassing without a warrant so yes that is warrantless entry

 

This man is a damn saint for the level of patience exercised in this situation!

The only mistake he did was to open his door. Never open your door.

The reason they keep their foot in the door like that is to bait you into trying to close it so they can charge you with assault on an officer.

The way the cop just stands there while he pleads for him to leave knowing his rights, is truly disturbing

Cop puts foot in door to block resident from closing. I’m of the opinion that the resident should be allowed to close the door using however much force is necessary to achieve closing the door. The idea that cops will charge you with assault for closing a door on them is asinine. Other option is to close the door however much you can, place your foot behind the door. Then inform the cop that the same assault charge he would charge you with if you close the door applies to him if he forces the door open wider. When they stand in the hall but have their foot in the doorway, they know they have no right to enter. We should be allowed to slam the damn door even if it breaks the cops foot!

it’s crazy that our natural right to be left alone can be ignored simply because someone makes a phone call.

I’m shaking and it wasn’t even me there. This dude deserves Saint good for how he handled himself.

They are terrorizing that child, and if anyone is being irrational, it’s those cops.

They broke the threshold, that is trespassing.

He trespassed the cops and they come in anyways… Sounds like a nice lawsuit to me, plus they have to know trespass laws, so their legal immunity is blown.

>> I wonder if you noticed that he was arrested. So, before any lawsuit, he has to deal with his own charges.

>>   @vad R  charges that’ll be thrown out once the video reaches the authorities.

​ @Van Iyke  The cops will undoubtedly claim exigent circumstances. One of them even pointed out that he saw some broken glass. Check out the story of James Wood in Cotati CA, couple of years ago, who also thought that he can resist officers’ warrantless entry during welfare check. The whole family was tazed and charged with obstructing, including the alleged victim; Wood was tried in court, and got off only because the jury deadlocked – half of the jury agreed that he deserved prison term. In this case it’s ten times easier because of the glass, and of the kids involved.

was wrong, he was not arrested – they verified that there was noone else in the home, and left. Here’s more complete video:

 @vad R  there was no visible harm on the child when said child presented himself, there were no sounds of the child crying, the child was not seen to be crying, the child did not ask police for help and…. Oh yeah…. almost forgot about the PRESUMPTION OF INNOCENCE ABSENT PROBABLE CAUSE of which there was NONE. You better hope your neighbors don’t hear you drop a glass and it breaks one day or you may have an army of pigs show up at your door demanding entry. Better just COMPLY CITIZEN, right?

4 ways for a cop to enter a residence:

1) Consent

2) Warrant

3) Hot pursuit

4) Exigent Circumstances

An anonymous call stating a “disturbance” does not meet the threshold for exigent circumstances.

They have no warrant, they clearly do not have consent and they are obviously not in hot pursuit.

Funny how it went from a ‘domestic disturbance’ involving “a wife” to a ‘domestic disturbance’ involving the Son”

I can’t believe bro didn’t cuss a single time 👏🏼 big props

NEVER, NEVER, NEVER, open the door for the police unless they have a warrant. Make them break down the door. Make them defend it in court.

I feel so sorry to this man and his child for having sick people in their door so scary.

This was an illegal search. The reason they didn’t just drag him out the door and detain him while they searched for the “distressed party” is because they knew there was no distressed party. They were trying to get him to agree to an open-ended search where anything found would be admissable in court. This whole charade was to try to trick him into giving permission to search. They show up claiming exigent circumstances but then waited at least 15 minutes, plenty long enough for someone to bleed to death or die from asphyxiation, drowning, OD, heart attack, stroke or any number of other causes. This didn’t disturb the officers because they knew that the exigent circumstances was merely a pretext. Exigent circumstances are exceptions for when seconds matter. By waiting 15 minutes they proved that there was no exigency. So at this point they clearly are not performing any legitimate law enforcement activity. They were very clearly asked to leave but did not do so. We are left with the inescapable conclusion that they are not acting in any official or legal capacity at all! (Though they are acting under color of law.) They had no legitimate reason to be there and they have been asked to leave and failed to do so, one of the actual examples of trespass in the Texas Penal Code! Because they are acting under color of law, this becomes Criminal Trespass. When later they do force their way in, having, by their own conduct, clearly discarded all legal rationale for their presence, TPC 9.31 is triggered, which justifies use of lethal force. These officers got lucky. If that boy had understood how wrong what was happening was, he might have feared for his and his father’s lives. He was big enough to handle an AR… Plenty of kids his size have killed intruders.

Once you heard his son is fine your wellness check is done. There is no longer any need to be there.

Never, ever open the door to cops unless you have a locked screen door or storm door between you in case you need to shut your door quickly.

This reminds us once again ” DO NOT OPEN YOUR DOOR” Better to talk through it closed and locked. Isn’t it sad to have to protect ourselves from the very people who are paid to “protect and serve “.

He was MORE than patient. Showed his son 3 times. This was very stressful just to watch…….I can’t imagine being him. His son was so scared that he started crying. When they stormed the door at the end, I started crying…….& I don’t cry easily. Police brutality.

The encounter should have ended when the child appeared. These cops are tyrants & broke the law & need to be fired & sued in civil court. The department needs to be held accountable for the actions of these officers also. I hope this man gets the justice he deserves

“We got a call…” they think that this statement gives them carte blanche to violate rights…

Someone give me more information on what happened to this father, and his child. I believe this call was the cause of a bad woman. I believe there is more to what was really going on behind that domestic call. It was clear though that he was a good man, and a protecting father.

Gwacamolle Lully: It’s always funny when people come up with this response, tax payer’s money. As soon as we the tax payers get fed up of footing the bill for police brutality and incompetence we will demand change. Until then, we will continue to pay for our lack of action. Police love using the word “right”. Officer: “We have a right to enter and check.” No sir, you are mistaken. You actually have a “duty” to check. He however, has the “right” to be secure in the home. As soon as he got his son, who’s statements will be seen as truthful and unbiased in court, to confirm the number of occupants and his well being. That should have been it. But the officers egos took over again.

Buy yourself a nice house, and a new car. Put your son through college. You deserve it, Bro!

 @Gwacamolle Lully  I am usually taking police side, but this was extreme. The guy deserves every penny he can get from them and from you, as a tax payer. I am european, so I’m good. You guys need to open your eyes widely to what happens in US and start to make some changes.

Cop is like “I don’t understand why he won’t just let me violate his rights”.

According to this, cops can just have anyone call in a residence and that will give them the right to search that residence. That is scary.

anytime you don’t let them trample all over your rights, their response is: “You’re not being rational.”

He must have told them over a 100 plus times not to enter. Unreal

I use to be a deputy for 8yrs and i can tell you i wasn’t trained like this. I was trained to follow the law. No warrant, no entry!!! Most of the cops downfalls is the department gets into this mindset and nothing gets done about it at the top!

“You can have an officer monitor my door while you go get a signed warrant”.. Why does this citizen know how to do their jobs better than them 🤔??

Security doors allow you to open your door and still have a barrier between you and whoever’s at your door.

They will interrogate the son and tell him that dad will go to prison if he doesn’t agree that dad is abusing him.

This is the reason you don’t have answer the door when you see a cop at it! They crossed the threshold this should be considered a violation of the 4th amendment. Point blank period

This was extremely disturbing to watch. This is exactly where the breakdowns of community start. I have decided never to call the police, unless specifically asked to, for fear of individuals ending up harrassed, bombarded, wounded, and at worst, DEAD. I cannot live with that on my conscious. Even if there was a Domestic Situation, some just need to get to the other side of that situation. Sadly, in either situation, calling the police or not, someone could end up dead!

Never open your door to cops unless you called them or its an emergency. When you do the first thing the do is put their foot in so you can’t close the door and if you try they arrest you for assault.

A “welfare check” does not suspend his civil rights!

No amount of money from the enevitable settled out of court case, can be enough to compensate for the trauma that poor child must have experienced when these tyrants burst into the family home!! This has boiled my piss 😤

The victim did as well as I could imagine. I’d like to see Audit the Audit show this and give us some clues how to handle the foot in the door problem with cops. If you try to close the door they arrest you for assault and yet they are trespassing. In the time they spent harassing the victim the cops could have gotten a warrant, but they don’t want to go that route because they don’t have probable cause to convince a judge to sign a warrant. Can the officers not be charged with trespassing? Are they immune from that? Time to clarify this foot in the door process.

You did a good job of stopping the cops from talking. When they start talking, you end up getting charges that they make up..!

In Texas, the law allows a few exceptions to the warrant requirement. One of these exceptions is Exigent Circumstances, sometimes referred to as “the emergency doctrine.” If they reasonably suspect that someone may be in need of medical assistance, or is otherwise in danger of harm…that qualifies. And courts have upheld that a phone call report may be satisfactory to establish reasonable suspicion. Therefor it is very likely that their Welfare Check, based on a caller reporting some domestic violence, would be enough for a court to rule that they were allowed to enter his home without a warrant. This is true even if it turns out later that the reporting caller was wrong. And at least one of the officers did try to explain Exigent Circumstances briefly before being drowned out by the man. I friggin hate it when I hear about yet another instance of, “We investigated ourselves and – shocker – find that we did nothing wrong.” But in this particular case, I’m afraid that would rightly be the outcome.

I gotta stop watching these types of videos. It makes me upset that “leo’s” believe that they can violate the God given and constitutional rights of citizens at will. When the lawsuits inevitably happen, the payouts come from the pockets of other innocent citizens rather than from those of the perpetrators. Sickening system.

This happened to me with a crazy salesman. I told him to move his foot before I shut the door, cuz if he didnt, it was gona hurt. He refused. I slammed the door. I can still hear him yelping. I think I broke it. Would do the same for unwanted cops

1) theres either a “real” threat or circumstance that makes it really necessary to go in without a warrant in that case they shouldnt talk to him for 10 minutes 2) they have no real reason, then they should all get sued

We homeschooled our six children. This kind of thing happens to homeschool families all the time. We belonged to the Homeschool Legal Defense Association when we are children were school age. We had their lawyers on speed dial to protect us against this kind of crap. It still happened to some people especially in CA. Some families won large civil rights settlements. Does anyone know if this guy came out of it okay? Where did this happen?

Show less

This is just an ego confrontation and the cops are experts at it. I guess it’s taught at the academy.

I’m from Canada. And if I took this to any, and I mean ANY lawyer, even though I could not afford them? They would take this case for free (pro bono), and they would sue the police department, the city and each individual officer. With the condition, that if we won, I would then pay for their services. This is appalling to me!! All I can say is I see one HUGE LAWSUIT coming against everyone concerned. To the father? KUDOS for holding your cool. Best Regards and Stay Safe Everyone from Ontario, Canada, Jenn

My parents demanded a warrant, the police said it’s in the car, and refused to show it, police decided to shove their way into the house, then a month later, came back and arrested my 81 year old father and 60 year old mother for assaulting an officer/obstruction of justice 3 counts because there were 3 cops.

When we get a call for service………. Obviously the cops feel all of your rights are suspended because their phone rings. I wonder how that will work out in court. The cops just keep saying listen listen listen listen when the facts are we don’t have to listen to them and we don’t have to speak to them .

The citizens, one day will use the “I feared for my life” excuse. This would have been a good time for it.

This reminds me of when I was 6-7 years old. My Father was a single parent. He was an alcoholic and heroin addict, but he never put his hands on me. Cops used to force their way in and beat the living $h.. out of my dad. They even went as far as to throw him down 5 flights of stairs. When it came to court time, these TYRANTS would lie in their report. Saying, “he fell!” I would tell court the truth, but of course they wouldn’t listen. Poor lil boy. Good old boys in blue still wondering why us people of color don’t trust them??? (I really want to go off in my comments, because this video is a trigger for me)!!!

We need to start having special doors made that automatically close at the push of a button to close the threshold of a door and sever anything that is breaking that threshold. Cops might start learning when half their foot is where it should never have been to start with.

That’s scary shit! The cop immediately tried to say he saw broken glass and stop hurting your child. Scary when law enforcement puts themselves above the law.

You should have made a citizens arrest, request that the second officer arrest the trespasser, and demand a supervisor. You provided several trespasser notices. At that point both lose qualified immunity.

This would not be happening if there was no Qualified Immunity and the police had to carry their own liability insurance!

So if there’s a call for a domestic disturbance, all the abuser has to do is say they can’t come in without a warrant? In my country, there wouldn’t have been more than 10 seconds in this situation before the cops came in. This man is responsible for his sons tears.

They are claiming extengent circumstance, but those concerns should have been relieved without entrance into the residence by 10:04 time stamp. There was clearly no threat to life or limb at that point. These cops forced their way in for no other reason than to demonstrate their dominance. They willfully escalated a routine disturbance call with criminal intent to cause harm.

Doesn’t “exigent circumstance” mean someone inside the home is in immediate danger? If they had that, they would be in the home already, IMO. Courts have traditionally let cops do almost anything, as it relates to 4th amendment violations. Cops have something like 10 ways to enter a residence without a warrant, and the courts rarely hammer them for the violations, so this guy may be able to pry a civil judgement out of the city, maybe.

This is when a door chain comes in handy. Set it up so it only opens 1/2 inch. Or better yet, get a doorbell cam with audio and put it on your door. I watched a guy argue with cops/CPS through his doorbell cam while he was actually in the background cutting his neighbour’s lawn. Hilarious.

The cops do need to investigate calls regarding a disturbance and make sure everybody is okay and I I wasn’t sure if the man being questioned was being reasonable until later in the video he told the officer that he would cooperate and keep the door open if the officer would step out of the doorway. Then I became appalled when they actually forced their way in. They should never have been in the doorway to begin with and if the man wouldn’t cooperate by at least answering questions that should be enough for reasonable suspicion to get a warrant to make sure that the man didn’t commit child or spousal abuse. From what I could tell they had no probable cause to force their way in and they should all probably be fired if that is the case.

Show less

In most states, the only way police can enter a home without a warrant, is when they have PC that a crime is “in progress”, not “may have been committed”. Don’t know the details here, but what’s obvious is these cops are blocking the door, been told to leave, are trespassing, and trying to force their way in someone’s home to search every room, drawer, toy box etc, just hoping to find anything to use against this man. This homeowner was great and I hope this worked out big for him.

I knew shit was bout to pop off when Officer Crazy Eyes strolled up. Poor baby, I hope the man and his son are doing ok now…

Sadly, this man will lose any lawsuit based on “Exigent Circumstances” (defined below) as mentioned by the Sgt. when he arrived. This is a law that police use to screw your 4th amendment. Call your congressman and demand the law be abolished.

I am not a lawyer but I believe there were some civil liberties violations here. They said they were there on a call for a domestic disturbance with a female and just because he won’t let them in to ascertain if there is one there does not give them the legal right to barge in unless they hear her cry for help. I would cite very serious fourth amendment violation concerns here.

This is main reason why I invested in a Ring device! I can still communicate with people, and don’t have to open the door to anyone Law Enforcement included.

If the police actually had the right to make entry like they claim, they would not have wasted all that time talking. They know they had no legal power there, and they know it. Also, their story flipped between “welfare check” to “disturbance call.”

That same thing happened here in Harnett co and ended with Livingston being shot killed because he closed the door on the deputy’s foot !

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. UNLESS “SOMEONE” MAKES A CALL!

Easy win 42USC1983 case. Any lawyer would take it. An officer placing their foot past the threshold on hearsay is trespassing. Investigating on hearsay does not allow them to barge in to somebody’s home. Prosecutor should also charge them under 18USC241 and 18USC242.

This is why a good relationship with the community is important. People dont even respect you or trust you enough for a simple welfare check. You have no one to blame but your own organization!

I found asking them to repeat their lies again and again and again works quite well.

If he was at the cops house like this with his foot in the door, that’s not trespassing. Good to know

Heads up all. The reason why cops place their foot in between the door is for (2) reasons:

Reason #1 – In the event you close it they can claim you assaulted them in the event they have no probable cause or basis for being at your residence.

Reason #2 – Keeping the door open allows them to look inside and smell and observe the activity within your home to establish probable cause.

when will we say enough is enough , a neighbor can call and say what ever they want and cause this to a family enough already

This clown should be sued for saying there is exigent circumstances OR they would have entered already. It only has force of law if there is immediate danger to someone, to stop destruction of evidence or to chase an escaping offender and thats it. Despicable and unlawful and I hope he sues these fools and thugs with badged. What has happened in the last 9 months?

most cases, police officers probably cannot enter a home without permission during a welfare check. However, if they feel that they have reason to believe that someone is in danger, and/or that a crime is being committed in the home, then they can typically enter the home without permission. Pretty sure none of this has happened they need a warrant what the hell is wrong with these cops?

They were just biding time for authorization to enter from a supervisor. They were unsure if they had probable cause enough to enter, so they figured they’d just trespass “a little bit” and to keep the door from closing until they could get authorization that they had enough probable cause. Once they got the OK, they just blew in. That authorization “qualified” their “immunity.”