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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