This is video #1 in a Deep Dive Series into Turner v Driver, the 5th Circuit ruling that established a constitutional right to film the police in Texas, Louisiana, & Mississippi.
Link to Video #2: A Lawyer Explains- Arrest
Video Analysis: https://youtu.be/R7akj-n929Q
The Battousai Original Arrest Video: https://youtu.be/VvPpdeqwHBs
The Battousai home page YouTube channel: https://www.youtube.com/c/TheBattousa…
Audit the Audit home page YouTube channel: https://www.youtube.com/c/AuditTheAudit
No matter how nice a police officer may be, upon contact you should say,
“I invoke my 5th amendment right to remain silent” and “I request an attorney be present during any questioning.” Then you act like a clam and STFU. Should an officer question You further, they could be seen as violating your rights. (5A, 6A)
Turner vs Driver: 5th Circuit of Appeals Oral Argument Audio Recording 12/6/2016
Just listen to this judge and you’ll see what the biggest problem we are having with law enforcement these days. The cops lawyers are constantly attempting to dance around the U.S. Constitution. This judge constantly has to remind these lawyers that they do not have probable cause to even demand identification from Mr. Turner. I mean, they don’t get it, it’s crystal clear to anyone with half a brain that the cops in this case were completely acting outside of the law. There is no probable cause of a crime, video-taping from a public street cannot be considered suspicious or a crime. Cops hate when someone knows their rights, refusing to cooperate with an investigation that is being done on one’s self is also not a crime. Their entire argument is completely absurd and unreasonable.
And, as far as the woman judge goes, she should listen to what she stated. She talked about how busy the police are – Well, if they’re THAT busy, how about going out and fighting real crimes, rather than harassing, detaining and torturing, a citizen for performing a “non-crime”? What doesn’t she get, about THAT?
I find it to be astounding that not one of these judges ever asked what precisely the police were investigating ?!
Attorney wants the law to work like this: In Texas, despite Texas penal code 38.02, failure to identify is cause for further detainment until a finger print scanner can be brought to the scene to force your identity from you, even if the criteria for detainment or arrest is not met, hence no lawful reason to ID you. Well, the judge’s response on this one was on the mark,
“That’s Absurd”.Officers putting a cuffed person in a car in the heat to ” make you sweat ” shows clear intent to cause them discomfort and impost negative reinforced behavior modification technique to impose their will on him , Essentially a form of torture . If given the opportunity where is their limit ? Driving the car on a person’s cuffed hands to ” make you talk ” . This behavior by police has no place in a free society . Stay strong and keep up the good work Mr. Turner .
Without a doubt, the lawyer for the state shows that the police have a different set of rules the general public… clearly there is a divide
What “could be” is not justification to detain anyone. The moment the courts rule it is lawful to detain someone based on SPECULATION about what they “could be” up to, absence of actual evidence, then that allows government to speculate away everyone’s rights at anytime under any imagined circumstance.
The city’s lawyer screwed up majorly by saying that the cops called the supervisor because they were “trying to figure out what was going on.” The judged jumped on that and said that the cops only have a right to continue the detention if they are investigating a crime – not just trying to figure out what is going on.
The first male judge raised the assertion that due to “targeted killings of police officers” that filming in front of a police station can be reasonable suspicion. Are there ANY facts or evidence that has linked any police killings to filming police ?
On thing you have to consider is that there was a time limit and typically 15 minutes is not enough time to answer questions and get the point across. It’s to give the judges some one on one time with the lawyers to get an idea what’s going on besides reading the case. If it were a trial things would be quite different.
That was so fucking beautiful! When the judge said towards the end “ as in instances like the Boston marathon bombers citizens filming helped the police” in all cases filming exposes the bad guys and exonerates the good guys. CAMERAS DONT LIE! Which is why they don’t want the people to film! They want the option to lie! Plain and simple. Amen for the decisión of this court. Amen for Turner’s hard work. Man, dude, I’m so proud of you! That was so beautiful
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.
Cops illegally took his camera … but they weren’t ready for what happened next!
Holding police accountable requires defending the First Amendment right to put them on camera. This is why Philip Turner, known on YouTube as The Battousai, fought to solidify that right in Turner v. Driver, a 2017 case decided by the US Court of Appeals for the Fifth Circuit. However, a shocking video shows Texas police ignoring the law, detaining Turner, and confiscating his video equipment. What the officers didn’t realize is that the case law resulting from the Turner v. Driver decision not only protects citizens’ right to film the police, but was named after the very man whose rights they were violating!
I am 69 years old and we got arrested for nothing back in the day ,.also it was always the cops word they accepted.
I am so happy you young people are so smart and doing this for all of us. It’s a beautiful thing.Thank You>> I’m 70 and know what you mean. Orange county in the late 60s was like that.
When the officer said”The law doesn’t matter.” , That implies that he knew what the law was and proceed to break it.
Isn’t it obvious why these cops, law enforcement officials, court personnel, etc don’t want you to record them on a video? It’s because they are consistently doing something that violates our laws and moral standards.
It seems to me that if cops are to ‘enforce’ laws…wouldn’t they need to know the law?
Imagine how polite and law abiding cops would be when they would be personally accountable for their actions.
This guy is a bigger hero than most cops these days.
Notice how the cops turned their backs on Philip the moment they had his body cam in hand. They were more concerned with the camera than they were with Philip. Odd.
the most incredulous (funniest, even) part of philip’s encounter in corrigan, texas, is that he explained the law to them, stated the case of turner v. driver, and then told those officers that HE WAS the TURNER that the case is named for. and they arrested him anyway. just how dumb do you have to be to be an officer in corrigan, texas?
It is respectful for a police officer to remove sunglasses when talking to a member of the public in an official capacity, unless you want to try intimidating and hide your sincerity towards them